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
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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
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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
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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
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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
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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
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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
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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
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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).
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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
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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
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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
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1 deems necessary to carry out the provisions of this subchapter.
2 Section 4. This act shall take effect in 60 days.
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