PRIOR PRINTER'S NO. 2026 PRINTER'S NO. 3240
No. 1641 Session of 2005
INTRODUCED BY FAIRCHILD, ARMSTRONG, BOYD, CALTAGIRONE, CAPPELLI, CRAHALLA, CREIGHTON, DENLINGER, DeWEESE, GEIST, GERGELY, HARRIS, HERSHEY, HESS, R. MILLER, PHILLIPS, PICKETT, PYLE, READSHAW, SHANER, B. SMITH, STABACK, E. Z. TAYLOR, TIGUE, YOUNGBLOOD, ZUG AND GANNON, JUNE 6, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, DECEMBER 6, 2005
AN ACT 1 Amending Titles 30 (Fish) and 75 (Vehicles) of the Pennsylvania 2 Consolidated Statutes, providing for boat and marine 3 forfeiture, for the powers and duties of the Pennsylvania 4 Fish and Boat Commission, for boat, marine equipment and 5 watercraft trailer forfeiture and for the powers and duties 6 of the Department of Transportation. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Section 908 of Title 30 of the Pennsylvania 10 Consolidated Statutes is amended to read: 11 § 908. False identification or false or fraudulent statements 12 on reports, etc. 13 A person who gives false identification to an officer 14 authorized to enforce this title or who makes any false or 15 fraudulent statement on any report, affidavit or application 16 required by this title, or to any representative of the 17 commission, commits a summary offense of the [second] first 18 degree.
1 Section 2. Chapter 53 of Title 30 is amended by adding a
2 subchapter to read:
3 SUBCHAPTER C
4 BOAT AND MARINE FORFEITURE
5 Sec.
6 5331. Scope of subchapter.
7 5332. Definitions.
8 5333. Liens.
9 5334. Transfer of rights.
10 5335. Notice for boats and related equipment.
11 5336. Notice for watercraft trailers.
12 5337. Responsibility of commission.
13 5338. Publication for boats and related equipment.
14 5339. Publication for watercraft trailers.
15 5340. Transfer of rights, title and interest for purpose of
16 public sale.
17 5341. Redemption.
18 5342. Rights of marine business to purchase.
19 5343. Rights acquired by good faith purchaser.
20 5344. Disposition of proceeds.
21 5345. Other remedies.
22 5346. Rules and regulations. <--
23 5346. CONSTRUCTION. <--
24 5347. RULES AND REGULATIONS.
25 § 5331. Scope of subchapter.
26 This subchapter covers boat and marine forfeitures.
27 § 5332. Definitions.
28 The following words and phrases when used in this subchapter
29 shall have the meanings given to them in this section unless the
30 context clearly indicates otherwise:
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1 "Boat sale form." A form created by the Pennsylvania Fish 2 and Boat Commission that: 3 (1) Is completed by a marine business which has acquired 4 all rights, title and interest in a boat or any related 5 equipment by operation of this subchapter for the purpose of 6 a public sale. 7 (2) Contains a statement, made under penalty of law, 8 that the requirements of this subchapter have been satisfied 9 prior to the public sale of a boat or any related equipment 10 under this subchapter. 11 (3) Contains such other information as required by the 12 commission. 13 "Customer." A person who contracts for the services of a 14 marine business concerning a boat, any related equipment or a 15 watercraft trailer. 16 "Department." The Department of Transportation of the 17 Commonwealth. 18 "Marine business." A person who repairs, remanufactures, 19 restores, alters, stores or cleans boats, any related equipment 20 or watercraft trailers. This term includes, but is not limited 21 to, a marina, watercraft dealer, boat club, yacht club, repair 22 facility and storage facility. 23 "Public sale." A public auction conducted at a reasonable 24 time and place. The fact that a better price could have been 25 obtained by a sale at a different time or place from that 26 selected by the marine business is not of itself sufficient to 27 establish that the sale was not made in a reasonable manner. 28 "Related equipment." Personal property: 29 (1) related to a boat in the possession of a marine 30 business, including a motor; or 20050H1641B3240 - 3 -
1 (2) found in or on a boat in the possession of a marine 2 business. 3 The term does not include a watercraft trailer as defined in 75 4 Pa.C.S. § 1172 (relating to definitions). 5 "Terminal date." The last business day for which a marine 6 business possesses a boat, any related equipment or a watercraft 7 trailer for repair, remanufacture, restoration, alteration, 8 storage or cleaning. In the case of any repair, remanufacture, 9 restoration, alteration or cleaning, absent a written agreement 10 to the contrary, the term means the date upon which the A BILL <-- 11 IS MAILED OR OTHERWISE PROVIDED TO A CUSTOMER FOR A COMPLETED 12 repair, remanufacture, restoration, alteration or cleaning of 13 the A boat, any related equipment or a watercraft trailer was <-- 14 completed. In the case of any storage of a boat, any related 15 equipment or a watercraft trailer, the term means the last date 16 under the contract for storage. 17 "Watercraft trailer." As defined in 75 Pa.C.S. § 1172 18 (relating to definitions). 19 § 5333. Liens. 20 A marine business shall have a lien, dependent upon 21 possession, on a boat, any related equipment or a watercraft 22 trailer belonging to an owner for the balance due the marine 23 business from such owner for any repair, remanufacture, 24 restoration, alteration, storage or cleaning of a boat, any 25 related equipment or a watercraft trailer. The marine business 26 may retain possession of a boat, any related equipment or a 27 watercraft trailer until the charges are paid. 28 § 5334. Transfer of rights. 29 Unless otherwise agreed to in writing, if a customer does not 30 claim possession of a boat, any related equipment or a 20050H1641B3240 - 4 -
1 watercraft trailer within 30 days of the terminal date, all 2 rights, title and interest in the boat, any related equipment or 3 the watercraft trailer may at the option of the marine business 4 be transferred by operation of this subchapter to the marine 5 business for the purpose of a public sale. 6 § 5335. Notice for boats and related equipment. 7 Any time after expiration of the 30-day period set forth in 8 section 5334 (relating to transfer of rights), if a marine 9 business chooses to have all rights, title and interest in a 10 boat or any related equipment transferred to the marine business 11 by operation of law for the purpose of a public sale, it shall 12 on the same day send the following two written notices: 13 (1) By certified mail, return receipt requested, to an 14 address designated in writing by the customer or, if not so 15 designated, to the customer's last known address, indicating 16 that the marine business intends to terminate the customer's 17 rights, title and interest in the boat or any related 18 equipment by operation of law under this subchapter. 19 (2) By certified mail, return receipt requested, to the 20 commission indicating that the marine business intends to 21 terminate the owner's rights, title and interest in a boat or 22 any related equipment by operation of law under this 23 subchapter. Written notice sent to the commission shall 24 describe the boat, including make, model and year and, if 25 known, the hull identification number, a registration number, 26 temporary decal number and other identifying data as 27 prescribed by the commission. 28 § 5336. Notice for watercraft trailers. 29 If a marine business chooses to have all rights, title and 30 interest in a watercraft trailer transferred to a marine 20050H1641B3240 - 5 -
1 business by operation of law for the purpose of a public sale, 2 it shall follow the notice provisions of 75 Pa.C.S. § 1173 3 (relating to notice). 4 § 5337. Responsibility of commission. 5 Upon receipt of the notice specified in section 5335 6 (relating to notice for boats and related equipment), the 7 commission shall: 8 (1) If the boat is registered or titled in this 9 Commonwealth, notify, if on record with the commission, any 10 lienholders and the owner or, if the boat is not titled, the 11 last registrant by certified mail, return receipt requested, 12 that a marine business intends to acquire all rights, title 13 and interest in the boat or any related equipment for the 14 purpose of a public sale. 15 (2) If the boat has a registration number, temporary 16 decal number or other identifying indicia evidencing that the 17 boat is registered or titled in another state, the commission 18 shall contact the other state and attempt to ascertain the 19 name and address of any lienholder and the last registrant or 20 owner. The commission shall provide notice to those persons 21 that a marine business intends to acquire all rights, title 22 and interest in the boat or any related equipment for the 23 purpose of a public sale. 24 (3) The commission shall notify the marine business: 25 (i) upon satisfaction of its obligation under 26 paragraph (1) or (2); or 27 (ii) that the commission has been unable to provide 28 notice under paragraph (1) or (2). 29 § 5338. Publication for boats and related equipment. 30 (a) General rule.--At any time after the date the marine 20050H1641B3240 - 6 -
1 business receives notice from the commission pursuant to section 2 5337(3) (relating to responsibility of commission), BUT AT LEAST <-- 3 30 DAYS AFTER NOTICE IS SENT TO THE COMMISSION UNDER SECTION 4 5335(2) (RELATING TO NOTICE FOR BOATS AND RELATED EQUIPMENT), 5 the marine business shall place a notice, once a week for two 6 consecutive weeks, in a newspaper of general circulation, 7 published in the county where the marine business is located, 8 describing the boat or any related equipment and any identifying 9 data as prescribed by the commission. 10 (b) Contents of notice.--The notice shall include 11 information that all rights, title and interest in the boat or 12 any related equipment shall be transferred to the marine 13 business by operation of law for the purpose of a public sale 14 unless the boat or any related equipment is redeemed under 15 section 5341 (relating to redemption) prior to the public sale. 16 The notice shall also contain information concerning the public 17 sale of the boat or any related equipment, including, but not 18 limited to, the date, location and terms of the sale. 19 § 5339. Publication for watercraft trailers. 20 If a marine business chooses to have all rights, title and 21 interest in a watercraft trailer transferred to a marine 22 business by operation of law for the purpose of a public sale, 23 it shall follow the publication provisions of 75 Pa.C.S. § 1175 24 (relating to publication). 25 § 5340. Transfer of rights, title and interest for purpose of 26 public sale. 27 (a) Right of marine business.-- 28 (1) After publication under section 5338 (relating to 29 publication for boats and related equipment), all rights, 30 title and interest in the boat and any related equipment 20050H1641B3240 - 7 -
1 shall be vested in the marine business for the purpose of a 2 public sale, subject to the right of redemption under section 3 5341 (relating to redemption). Any time after the publication 4 under section 5338, but within one year of receipt of notice 5 from the commission under section 5337(3) (relating to 6 responsibility of commission), upon the date and location 7 listed in the notice under section 5338, the marine business 8 may hold a public sale of the boat and any related equipment. 9 The public sale may be combined with a public sale under 10 paragraph (2). Upon the sale, the marine business shall 11 provide a copy of the boat sale form to the purchaser of the 12 boat. Upon receipt of the proper application, boat sale form 13 and any fees required by law, the commission may issue the 14 purchaser a certificate of title to the boat. 15 (2) After publication under 75 Pa.C.S. § 1175 (relating 16 to publication), all rights, title and interest in the 17 watercraft trailer shall be vested in the marine business for 18 the purpose of a public sale, subject to the right of 19 redemption under section 5341. Any time after the publication 20 under 75 Pa.C.S. § 1175, but within one year of receipt of 21 notice from the department under 75 Pa.C.S § 1174(3) 22 (relating to responsibility of department), upon the date and 23 location of the notice listed in 75 Pa.C.S. 1175, the marine 24 business may hold a public sale of the watercraft trailer. 25 Upon the sale of a watercraft trailer, the marine business 26 shall provide a copy of the watercraft trailer sale form 27 created by the department under 75 Pa.C.S. § 1172 (relating 28 to definitions) to the purchaser. Upon receipt of the proper 29 application, watercraft sale form and any fees required by 30 law, the department may issue the purchaser a certificate of 20050H1641B3240 - 8 -
1 title to the watercraft trailer. 2 (b) Construction.--Nothing in this subchapter shall be 3 construed as requiring the commission to issue a certificate of 4 title for any motor or other related equipment. 5 § 5341. Redemption. 6 (a) Notice.--Upon request of any lienholder or the owner of 7 a boat, any related equipment or a watercraft trailer, the 8 marine business shall provide the amount necessary under 9 subsection (b), at the time of the request, to redeem the boat, 10 any related equipment or watercraft trailer. 11 (b) Charges and expenses.--Prior to the public sale of a 12 boat, any related equipment or a watercraft trailer under this 13 subchapter, any lienholder or the owner of a boat, any related 14 equipment or a watercraft trailer may pay the amount necessary 15 to satisfy: 16 (1) All charges due the marine business for the repair, 17 remanufacture, restoration, alteration, storage or cleaning 18 of the boat, any related equipment and the watercraft 19 trailer. 20 (2) Reasonable expenses associated with the mailing of 21 notices under section 5335 (relating to notice for boats and 22 related equipment) and 75 Pa.C.S. § 1173 (relating to notice) 23 and the publication of notice under section 5338 (relating to 24 publication for boats and related equipment) and 75 Pa.C.S. § 25 1175 (relating to publication) and reasonable expenses 26 associated with preparation for a public sale under section 27 5340 (relating to transfer of rights, title and interest for 28 purpose of public sale). 29 (c) Return of property.--Upon payment of all charges and 30 expenses under subsection (b), the marine business shall return 20050H1641B3240 - 9 -
1 the boat, any related equipment and the watercraft trailer to 2 the lienholder or owner, and shall thereafter have no liability 3 to any person with respect to the boat, any related equipment 4 and the watercraft trailer. 5 § 5342. Rights of marine business to purchase. 6 A marine business may buy at any public sale of a boat, any 7 related equipment or a watercraft trailer under this subchapter. 8 § 5343. Rights acquired by good faith purchaser. 9 A purchaser in good faith of a boat, any related equipment or 10 a watercraft trailer sold to satisfy the lien of a marine 11 business takes the boat, any related equipment or a watercraft 12 trailer free of all liens and encumbrances despite noncompliance 13 by the marine business with the requirements of this subchapter. 14 § 5344. Disposition of proceeds. 15 (a) Satisfaction of lien and expenses.--Upon the sale of a 16 boat, any related equipment or a watercraft trailer, the marine 17 business shall be entitled to receive from the proceeds of the 18 sale all: 19 (1) Charges due the marine business for any repair, 20 remanufacture, restoration, alteration, storage or cleaning 21 of a boat, any related equipment or a watercraft trailer. 22 (2) Reasonable expenses associated with the mailing of 23 notices under section 5335 (relating to notice for boats and 24 related equipment) and 75 Pa.C.S. § 1173 (relating to 25 notice), the publication of notice under section 5338 26 (relating to publication for boats and related equipment) and 27 75 Pa.C.S. § 1175 (relating to publication) and the conduct 28 of a public sale under section 5340 (relating to transfer of 29 rights, title and interest for purpose of public sale). 30 (b) Disposition of balance.--If the sale is for a sum 20050H1641B3240 - 10 -
1 greater than the amount of the charges and expenses listed in 2 subsection (a), the excess shall be paid to any prior lienholder 3 known to the marine business at the time of the sale and any 4 remainder to the owner. If the owner's address is unknown at the 5 time of the sale, any excess, after payment to prior 6 lienholders, shall be deposited in the Boat Fund established 7 under section 531 (relating to establishment and use of Boat 8 Fund). 9 (c) Affidavit.--Within ten days after the public sale, the 10 marine business shall file with the commission an affidavit, on 11 a form prescribed by the commission, stating: 12 (1) The moneys received from the public sale. 13 (2) The amount applied toward the charges under 14 subsection (a)(1). 15 (3) The amount applied toward the expenses under 16 subsection (a)(2). 17 (4) The amount paid to any prior lienholders, the owner 18 and the Boat Fund. 19 § 5345. Other remedies. 20 The provisions of this subchapter are in addition to any and 21 all other remedies available to a marine business. This 22 subchapter shall not foreclose any other remedies available to a 23 marine business at law or in equity. 24 § 5346. CONSTRUCTION. <-- 25 NOTHING IN THIS SUBCHAPTER SHALL BE CONSTRUED TO AUTHORIZE A 26 MARINE BUSINESS TO TRANSFER ANY RIGHT, TITLE OR INTEREST IN A 27 BOAT, ANY RELATED EQUIPMENT OR WATERCRAFT TRAILER IN VIOLATION 28 OF SECTION 307 OF THE SERVICEMEMBERS CIVIL RELIEF ACT (PUBLIC 29 LAW 108-89, 50 APP. U.S.C. § 537) OR 51 PA.C.S § 4105 (RELATING 30 TO EXEMPTION FROM CIVIL PROCESS). 20050H1641B3240 - 11 -
1 § 5346 5347. Rules and regulations. <--
2 The commission may promulgate rules and regulations as it
3 deems necessary to carry out the provisions of this subchapter.
4 Section 3. Chapter 11 of Title 75 is amended by adding a
5 subchapter to read:
6 SUBCHAPTER E
7 WATERCRAFT TRAILER FORFEITURE
8 Sec.
9 1171. Scope of subchapter.
10 1172. Definitions.
11 1173. Notice.
12 1174. Responsibility of department.
13 1175. Publication.
14 1176. Rules and regulations.
15 § 1171. Scope of subchapter.
16 This subchapter covers forfeitures of watercraft trailers.
17 § 1172. Definitions.
18 The following words and phrases when used in this subchapter
19 shall have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 "Boat." As defined in 30 Pa.C.S. § 102 (relating to
22 definitions).
23 "Customer." A person who contracts for the services of a
24 marine business concerning a boat, any related equipment or a
25 watercraft trailer.
26 "Marine business." A person who repairs, remanufactures,
27 restores, alters, stores or cleans boats, any related equipment
28 or watercraft trailers. This term includes, but is not limited
29 to, a marina, watercraft dealer, boat club, yacht club, repair
30 facility and storage facility.
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1 "Related equipment." Personal property: 2 (1) related to a boat in the possession of a marine 3 business, including a motor; or 4 (2) found in or on a boat in the possession of a marine 5 business. 6 The term does not include a watercraft trailer. 7 "Watercraft trailer." A trailer used exclusively for the 8 transportation of watercraft. 9 "Watercraft trailer sale form." A form created by the 10 Department of Transportation that: 11 (1) Is completed by a marine business which has acquired 12 all rights, title and interest in a watercraft trailer by 13 operation of 30 Pa.C.S. Ch. 53 Subch. C (relating to boat and 14 marine forfeiture) for the purpose of a public sale. 15 (2) Contains a statement, made under penalty of law, 16 that the requirements of 30 Pa.C.S. Ch. 53 Subch. C have been 17 satisfied prior to the public sale of a watercraft trailer. 18 (3) Contains such other information as required by the 19 department. 20 § 1173. Notice. 21 Any time after expiration of the 30-day period set forth in 22 30 Pa.C.S. § 5334 (relating to transfer of rights), if a marine 23 business chooses to have all rights, title and interest in a 24 watercraft trailer transferred to the marine business by 25 operation of law for the purpose of a public sale, it shall on 26 the same day send the following two written notices: 27 (1) By certified mail, return receipt requested, to an 28 address designated in writing by the customer or, if not so 29 designated, to the customer's last known address, indicating 30 that the marine business intends to terminate the owner's 20050H1641B3240 - 13 -
1 rights, title and interest in the watercraft trailer by 2 operation of law under 30 Pa.C.S. Ch. 53 Subch. C (relating 3 to boat and marine forfeiture). If the marine business is 4 sending a notice to the customer pursuant to 30 Pa.C.S. § 5 5335(1) (relating to notice for boats and related equipment), 6 it may comply with this paragraph by including a description 7 of the watercraft trailer in such notice. 8 (2) By certified mail, return receipt requested, to the 9 department indicating that the marine business intends to 10 terminate the owner's rights, title and interest in a 11 watercraft trailer by operation of law under 30 Pa.C.S. Ch. 12 53 Subch. C. Written notice sent to the department shall 13 describe the watercraft trailer, including, if known, make, 14 model and year, registration plate number and other 15 identifying data as prescribed by the department. 16 § 1174. Responsibility of department. 17 Upon receipt of the notice specified in section 1173(2) 18 (relating to notice), the department shall: 19 (1) If the watercraft trailer is titled or registered in 20 this Commonwealth, notify any lienholders and the owner by 21 certified mail, return receipt requested, that a marine 22 business intends to acquire all rights, title and interest in 23 the watercraft trailer for the purpose of a public sale. 24 (2) If the watercraft trailer has a registration plate 25 or other identifying indicia evidencing that the watercraft 26 trailer is titled or registered in another state, the 27 department shall contact the other state and attempt to 28 ascertain the name and address of any lienholder and the 29 owner. The department shall provide notice to those persons 30 that a marine business intends to acquire all rights, title 20050H1641B3240 - 14 -
1 and interest in the watercraft trailer for the purpose of a 2 public sale. 3 (3) The department shall notify the marine business: 4 (i) upon satisfaction of its obligation under 5 paragraph (1) or (2); or 6 (ii) that the department has been unable to provide 7 notice under paragraph (1) or (2). 8 § 1175. Publication. 9 (a) General rule.--At any time after the date the marine 10 business receives notice from the department pursuant to section 11 1174(3) (relating to responsibility of department), BUT AT LEAST <-- 12 30 DAYS AFTER NOTICE IS SENT TO THE DEPARTMENT UNDER SECTION 13 1173(2) (RELATING TO NOTICE), the marine business shall place a 14 notice, once a week for two consecutive weeks, in a newspaper of 15 general circulation, published in the county where the marine 16 business is located, describing the watercraft trailer and any 17 identifying number. 18 (b) Contents of notice.--The notice shall include 19 information that all rights, title and interest in the 20 watercraft trailer shall be transferred to the marine business 21 by operation of law for the purpose of a public sale unless the 22 watercraft trailer is redeemed under 30 Pa.C.S. § 5341 (relating 23 to redemption) prior to the public sale. The notice shall also 24 contain information concerning the public sale of the watercraft 25 trailer, including, but not limited to, the date, location and 26 terms of the sale. This notice may be combined with a 27 publication of notice pursuant to 30 Pa.C.S. § 5338 (relating to 28 publication for boats and related equipment). 29 § 1176. Rules and regulations. 30 The department may promulgate rules and regulations as it 20050H1641B3240 - 15 -
1 deems necessary to carry out the provisions of this subchapter. 2 Section 4. This act shall take effect in 60 days. E31L30DMS/20050H1641B3240 - 16 -