SENATE AMENDED
PRIOR PRINTER'S NOS. 2026, 3240, 4312 PRINTER'S NO. 4392
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
SENATOR WENGER, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 27, 2006
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
1 degree.
2 Section 2. Chapter 53 of Title 30 is amended by adding a
3 subchapter to read:
4 SUBCHAPTER C
5 BOAT AND MARINE FORFEITURE
6 Sec.
7 5331. Scope of subchapter.
8 5332. Definitions.
9 5333. Liens.
10 5334. Transfer of rights. <--
11 5335. Notice for boats and related equipment.
12 5336. Notice for watercraft trailers.
13 5337. Responsibility of commission.
14 5338. Publication for boats and related equipment.
15 5339. Publication for watercraft trailers.
16 5340. Transfer of rights, title and interest for purpose of
17 public sale.
18 5341. Redemption.
19 5342. Rights of marine business to purchase.
20 5343. Rights acquired by good faith purchaser.
21 5344. Disposition of proceeds.
22 5345. Other remedies.
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:
20050H1641B4392 - 2 -
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
20050H1641B4392 - 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 a bill is
11 mailed or otherwise provided to a customer for a completed
12 repair, remanufacture, restoration, alteration or cleaning of a
13 boat, any related equipment or a watercraft trailer. In the case
14 of any storage of a boat, any related equipment or a watercraft
15 trailer, the term means the last date under the contract for
16 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
20050H1641B4392 - 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
20050H1641B4392 - 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
20050H1641B4392 - 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
20050H1641B4392 - 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
20050H1641B4392 - 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
20050H1641B4392 - 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
20050H1641B4392 - 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).
20050H1641B4392 - 11 -
1 § 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.
20050H1641B4392 - 12 -
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
20050H1641B4392 - 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
20050H1641B4392 - 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
20050H1641B4392 - 15 -
1 deems necessary to carry out the provisions of this subchapter.
2 Section 4. This act shall take effect in 60 days.
3 5334. NOTICE FOR BOATS AND RELATED EQUIPMENT. <--
4 5335. NOTICE FOR WATERCRAFT TRAILERS.
5 5336. RESPONSIBILITY OF COMMISSION.
6 5337. PUBLICATION FOR BOATS AND RELATED EQUIPMENT.
7 5338. PUBLICATION FOR WATERCRAFT TRAILERS.
8 5339. REDEMPTION.
9 5340. FORFEITURE.
10 5341. RIGHTS ACQUIRED BY GOOD FAITH PURCHASER.
11 5342. OTHER REMEDIES.
12 5343. CONSTRUCTION.
13 5344. RULES AND REGULATIONS.
14 § 5331. SCOPE OF SUBCHAPTER.
15 (A) GENERAL RULE.--THIS SUBCHAPTER COVERS BOAT AND MARINE
16 FORFEITURES.
17 (B) LEGISLATIVE INTENT.--IT IS THE INTENT OF THE GENERAL
18 ASSEMBLY THAT THIS SUBCHAPTER ACT IN CONCERT WITH 75 PA.C.S. CH.
19 73 SUBCH. B (RELATING TO WATERCRAFT TRAILER FORFEITURE).
20 (C) APPLICABILITY.--
21 (1) THE PROVISIONS OF THIS SUBCHAPTER SHALL ONLY APPLY
22 TO A BOAT AND RELATED EQUIPMENT WITH A RESALE VALUE BASED
23 UPON ESTABLISHED INDUSTRY STANDARDS EQUAL TO OR LESS THAN THE
24 MAXIMUM AMOUNT SET FORTH IN THIS SUBSECTION.
25 (2) THE MAXIMUM AMOUNT FOR THE YEAR 2006 SHALL BE
26 $5,000. THEREAFTER, THE MAXIMUM AMOUNT SHALL BE FIXED
27 ANNUALLY BY THE COMMISSION BASED UPON THE MAXIMUM AMOUNT IN
28 THE PRIOR YEAR AS ADJUSTED TO REFLECT THE CHANGE IN THE
29 CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U) FOR THE
30 UNITED STATES FOR ALL ITEMS AS PUBLISHED BY THE UNITED STATES
20050H1641B4392 - 16 -
1 DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS FOR THE
2 PREVIOUS 12-MONTH PERIOD. THE MAXIMUM AMOUNT AS ADJUSTED
3 SHALL BE ROUNDED TO THE NEAREST MULTIPLE OF $5.
4 (3) THE COMMISSION SHALL GIVE NOTICE OF THE NEW MAXIMUM
5 AMOUNT BY PUBLICATION IN THE PENNSYLVANIA BULLETIN IN THE
6 THIRD PUBLICATION IN MARCH OF EACH YEAR.
7 § 5332. DEFINITIONS.
8 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
9 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
10 CONTEXT CLEARLY INDICATES OTHERWISE:
11 "CUSTOMER." A PERSON WHO CONTRACTS FOR THE SERVICES OF A
12 MARINE BUSINESS CONCERNING A BOAT, ANY RELATED EQUIPMENT OR A
13 WATERCRAFT TRAILER.
14 "MARINE BUSINESS." A PERSON WHO REPAIRS, REMANUFACTURES,
15 RESTORES, ALTERS, STORES, CLEANS OR HOLDS FOR BROKERAGE OR
16 CONSIGNMENT SALE BOATS, ANY RELATED EQUIPMENT OR WATERCRAFT
17 TRAILERS. THIS TERM INCLUDES, BUT IS NOT LIMITED TO, A MARINA,
18 WATERCRAFT DEALER, WATERCRAFT TRAILER DEALER, BOAT CLUB, YACHT
19 CLUB, REPAIR FACILITY OR STORAGE FACILITY.
20 "RELATED EQUIPMENT." PERSONAL PROPERTY:
21 (1) RELATED TO A BOAT IN THE POSSESSION OF A MARINE
22 BUSINESS, INCLUDING A MOTOR; OR
23 (2) FOUND IN OR ON A BOAT IN THE POSSESSION OF A MARINE
24 BUSINESS.
25 THE TERM DOES NOT INCLUDE A WATERCRAFT TRAILER AS DEFINED IN 75
26 PA.C.S. § 7322 (RELATING TO DEFINITIONS).
27 "TERMINAL DATE." EITHER OF THE FOLLOWING:
28 (1) IN THE CASE OF ANY REPAIR, REMANUFACTURE,
29 RESTORATION, ALTERATION, CLEANING OR STORAGE, ABSENT A
30 WRITTEN AGREEMENT TO THE CONTRARY, THE TERM MEANS THE DATE
20050H1641B4392 - 17 -
1 UPON WHICH A BILL IS MAILED OR OTHERWISE PROVIDED TO THE
2 CUSTOMER FOR A COMPLETED REPAIR, REMANUFACTURE, RESTORATION,
3 ALTERATION, CLEANING OR STORAGE FOR A BOAT, RELATED EQUIPMENT
4 OR WATERCRAFT TRAILER.
5 (2) IN THE CASE OF CONSIGNMENT OR BROKERAGE, THE TERM
6 MEANS THE LAST DATE UNDER THE BROKERAGE OR CONSIGNMENT
7 CONTRACT OR AGREEMENT.
8 "WATERCRAFT TRAILER." A TRAILER DESIGNED OR USED TO
9 TRANSPORT WATERCRAFT.
10 § 5333. LIENS.
11 A MARINE BUSINESS SHALL HAVE A LIEN, DEPENDENT UPON
12 POSSESSION, ON A BOAT AND ANY RELATED EQUIPMENT BELONGING TO AN
13 OWNER FOR THE BALANCE DUE THE MARINE BUSINESS FROM SUCH OWNER
14 FOR ANY REPAIR, REMANUFACTURE, RESTORATION, ALTERATION, STORAGE,
15 CLEANING, CONSIGNMENT OR BROKERAGE OF A BOAT AND ANY RELATED
16 EQUIPMENT. THE MARINE BUSINESS MAY RETAIN POSSESSION OF A BOAT
17 AND ANY RELATED EQUIPMENT UNTIL THE CHARGES ARE PAID.
18 § 5334. NOTICE FOR BOATS AND RELATED EQUIPMENT.
19 ANY TIME 30 DAYS AFTER THE TERMINAL DATE, IF A MARINE
20 BUSINESS CHOOSES TO HAVE ALL RIGHTS, TITLE AND INTEREST IN A
21 BOAT OR ANY RELATED EQUIPMENT TRANSFERRED TO THE MARINE BUSINESS
22 BY OPERATION OF LAW, THE MARINE BUSINESS SHALL ON THE SAME DAY
23 SEND THE FOLLOWING TWO WRITTEN NOTICES BY CERTIFIED MAIL, RETURN
24 RECEIPT REQUESTED:
25 (1) TO AN ADDRESS DESIGNATED IN WRITING BY THE CUSTOMER
26 OR, IF NOT SO DESIGNATED, TO THE CUSTOMER'S LAST KNOWN
27 ADDRESS, INDICATING THAT THE MARINE BUSINESS INTENDS TO
28 TERMINATE ALL RIGHTS, TITLE AND INTEREST IN THE BOAT OR ANY
29 RELATED EQUIPMENT BY OPERATION OF LAW UNDER THIS SUBCHAPTER.
30 IF THE MARINE BUSINESS IS SENDING A NOTICE TO THE CUSTOMER
20050H1641B4392 - 18 -
1 PURSUANT TO 75 PA.C.S. § 7324 (RELATING TO NOTIFICATION BY
2 WATERCRAFT TRAILER DEALER), IT MAY SEND THE NOTICE REQUIRED
3 BY THIS PARAGRAPH IN THE SAME MAILING. THE NOTICE SHALL
4 CONTAIN:
5 (I) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
6 MARINE BUSINESS.
7 (II) A DESCRIPTION OF THE BOAT, INCLUDING MAKE,
8 MODEL AND YEAR, AND THE HULL IDENTIFICATION NUMBER, A
9 REGISTRATION NUMBER OR TEMPORARY DECAL NUMBER.
10 (III) A DESCRIPTION OF ANY RELATED EQUIPMENT.
11 (IV) NOTICE THAT THE MARINE BUSINESS INTENDS TO
12 TERMINATE THE OWNER'S AND LIENHOLDER'S RIGHTS, TITLE AND
13 INTEREST IN THE BOAT AND ANY RELATED EQUIPMENT BY
14 OPERATION OF LAW UNDER THIS SUBCHAPTER.
15 (V) THE AMOUNT WHICH MUST BE PAID TO THE MARINE
16 BUSINESS TO REDEEM THE BOAT AND ANY RELATED EQUIPMENT AS
17 OF THE DATE OF THE NOTICE.
18 (2) TO THE COMMISSION INDICATING THAT THE MARINE
19 BUSINESS INTENDS TO TERMINATE ALL RIGHTS, TITLE AND INTEREST
20 IN THE BOAT OR ANY RELATED EQUIPMENT BY OPERATION OF LAW
21 UNDER THIS SUBCHAPTER. THIS NOTICE SHALL BE ACCOMPANIED BY A
22 FEE OF $50 AND SHALL BE ON A FORM PRESCRIBED BY THE
23 COMMISSION.
24 § 5335. NOTICE FOR WATERCRAFT TRAILERS.
25 IF A WATERCRAFT TRAILER DEALER CHOOSES TO HAVE ALL RIGHTS,
26 TITLE AND INTEREST IN A WATERCRAFT TRAILER TRANSFERRED TO A
27 WATERCRAFT TRAILER DEALER BY OPERATION OF LAW, IT SHALL FOLLOW
28 THE NOTICE PROVISIONS OF 75 PA.C.S. § 7324 (RELATING TO
29 NOTIFICATION BY WATERCRAFT TRAILER DEALER).
30 § 5336. RESPONSIBILITY OF COMMISSION.
20050H1641B4392 - 19 -
1 (A) NOTICE TO LIENHOLDERS AND OTHER PERSONS.--UPON RECEIPT
2 OF THE NOTICE SPECIFIED IN SECTION 5334 (RELATING TO NOTICE FOR
3 BOATS AND RELATED EQUIPMENT), THE COMMISSION SHALL:
4 (1) IF THE BOAT IS REGISTERED OR TITLED IN THIS
5 COMMONWEALTH, NOTIFY, IF ON RECORD WITH THE COMMISSION, ANY
6 LIENHOLDERS AND THE OWNER OR, IF THE BOAT IS NOT TITLED, THE
7 LAST REGISTRANT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
8 THAT A MARINE BUSINESS INTENDS TO ACQUIRE ALL RIGHTS, TITLE
9 AND INTEREST IN THE BOAT OR ANY RELATED EQUIPMENT. THE NOTICE
10 SHALL CONTAIN THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
11 MARINE BUSINESS.
12 (2) IF THE BOAT HAS A REGISTRATION NUMBER, TEMPORARY
13 DECAL NUMBER OR OTHER IDENTIFYING INDICIA EVIDENCING THAT THE
14 BOAT IS REGISTERED OR TITLED IN ANOTHER STATE OR IS FEDERALLY
15 DOCUMENTED, THE COMMISSION SHALL CONTACT THE OTHER STATE OR
16 THE UNITED STATES COAST GUARD AND ATTEMPT TO ASCERTAIN THE
17 NAME AND ADDRESS OF ANY LIENHOLDER AND THE LAST REGISTRANT OR
18 OWNER. THE COMMISSION SHALL PROVIDE NOTICE TO THOSE PERSONS
19 BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, THAT A MARINE
20 BUSINESS INTENDS TO ACQUIRE ALL RIGHTS, TITLE AND INTEREST IN
21 THE BOAT OR ANY RELATED EQUIPMENT. THE NOTICE SHALL CONTAIN
22 THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE MARINE
23 BUSINESS.
24 (B) NOTICE TO MARINE BUSINESS.--THE COMMISSION SHALL NOTIFY
25 THE MARINE BUSINESS:
26 (1) THAT THE COMMISSION NOTIFIED ANY LIENHOLDERS AND THE
27 OWNER OF THE BOAT OR, IN THE CASE OF AN UNTITLED BOAT, THE
28 LAST REGISTRANT IN ACCORDANCE WITH THIS SECTION; OR
29 (2) THAT THE COMMISSION WAS UNABLE TO PROVIDE NOTICE IN
30 ACCORDANCE WITH THIS SECTION.
20050H1641B4392 - 20 -
1 § 5337. PUBLICATION FOR BOATS AND RELATED EQUIPMENT.
2 (A) GENERAL RULE.--AT ANY TIME AFTER THE DATE THE MARINE
3 BUSINESS RECEIVES NOTICE FROM THE COMMISSION PURSUANT TO SECTION
4 5336 (RELATING TO RESPONSIBILITY OF COMMISSION), THE MARINE
5 BUSINESS SHALL PLACE PUBLISH 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 UNLESS THE BOAT OR ANY RELATED
14 EQUIPMENT IS REDEEMED WITHIN 30 DAYS OF THE DATE OF THE SECOND
15 PUBLICATION. THIS NOTICE MAY BE COMBINED WITH A PUBLICATION OF
16 NOTICE PURSUANT TO 75 PA.C.S. § 7326 (RELATING TO PUBLICATION).
17 § 5338. PUBLICATION FOR WATERCRAFT TRAILERS.
18 IF A WATERCRAFT DEALER CHOOSES TO HAVE ALL RIGHTS, TITLE AND
19 INTEREST IN A WATERCRAFT TRAILER TRANSFERRED TO A WATERCRAFT
20 TRAILER DEALER BY OPERATION OF LAW, IT SHALL FOLLOW THE
21 PUBLICATION PROVISIONS OF 75 PA.C.S. § 7326 (RELATING TO
22 PUBLICATION).
23 § 5339. REDEMPTION.
24 (A) NOTICE.--UPON REQUEST OF THE CUSTOMER, ANY LIENHOLDER OR
25 THE OWNER OF A BOAT OR ANY RELATED EQUIPMENT, THE MARINE
26 BUSINESS SHALL PROVIDE THE AMOUNT NECESSARY UNDER SUBSECTION
27 (B), AT THE TIME OF THE REQUEST, TO REDEEM THE BOAT AND ANY
28 RELATED EQUIPMENT.
29 (B) CHARGES AND EXPENSES.--PRIOR TO THE FORFEITURE OF A BOAT
30 AND ANY RELATED EQUIPMENT UNDER THIS SUBCHAPTER, THE CUSTOMER,
20050H1641B4392 - 21 -
1 ANY LIENHOLDER OR THE OWNER OF A BOAT OR ANY RELATED EQUIPMENT,
2 MAY PAY THE AMOUNT NECESSARY TO SATISFY:
3 (1) ALL CHARGES DUE THE MARINE BUSINESS FOR THE REPAIR,
4 REMANUFACTURE, RESTORATION, ALTERATION, STORAGE, CLEANING,
5 CONSIGNMENT OR BROKERAGE OF THE BOAT AND ANY RELATED
6 EQUIPMENT.
7 (2) REASONABLE EXPENSES ASSOCIATED WITH THE MAILING OF
8 NOTICES UNDER SECTION 5334 (RELATING TO NOTICE FOR BOATS AND
9 RELATED EQUIPMENT) AND THE PUBLICATION OF NOTICE UNDER
10 SECTION 5337 (RELATING TO PUBLICATION FOR BOATS AND RELATED
11 EQUIPMENT).
12 (C) RETURN OF PROPERTY.--UPON PAYMENT OF ALL CHARGES AND
13 EXPENSES UNDER SUBSECTION (B), THE MARINE BUSINESS SHALL RETURN
14 THE BOAT AND ANY RELATED EQUIPMENT TO THE CUSTOMER, LIENHOLDER
15 OR OWNER, AND SHALL THEREAFTER HAVE NO LIABILITY TO ANY PERSON
16 WITH RESPECT TO THE BOAT AND ANY RELATED EQUIPMENT.
17 § 5340. FORFEITURE.
18 A BOAT AND ANY RELATED EQUIPMENT THAT IS NOT REDEEMED WITHIN
19 30 DAYS OF THE SECOND PUBLICATION UNDER SECTION 5337 (RELATING
20 TO PUBLICATION FOR BOATS AND RELATED EQUIPMENT) IS DEEMED
21 FORFEITED TO THE MARINE BUSINESS AND ANY PRIOR RIGHT, TITLE OR
22 INTEREST IN THE BOAT AND ANY RELATED EQUIPMENT IS TERMINATED.
23 THE MARINE BUSINESS SHALL MAKE APPLICATION FOR A CERTIFICATE OF
24 TITLE FOR THE BOAT WITH THE COMMISSION WITHIN 30 DAYS OF THE
25 DATE OF FORFEITURE.
26 § 5341. RIGHTS ACQUIRED BY GOOD FAITH PURCHASER.
27 A PURCHASER IN GOOD FAITH OF A BOAT OR ANY RELATED EQUIPMENT
28 SOLD BY A MARINE BUSINESS AFTER FORFEITURE UNDER THIS SUBCHAPTER
29 TAKES THE BOAT OR ANY RELATED EQUIPMENT FREE OF ALL LIENS AND
30 ENCUMBRANCES DESPITE NONCOMPLIANCE BY THE MARINE BUSINESS WITH
20050H1641B4392 - 22 -
1 THE REQUIREMENTS OF THIS SUBCHAPTER.
2 § 5342. OTHER REMEDIES.
3 THE PROVISIONS OF THIS SUBCHAPTER ARE IN ADDITION TO ANY AND
4 ALL OTHER REMEDIES AVAILABLE TO A MARINE BUSINESS. THIS
5 SUBCHAPTER SHALL NOT FORECLOSE ANY OTHER REMEDIES AVAILABLE TO A
6 MARINE BUSINESS AT LAW OR IN EQUITY.
7 § 5343. CONSTRUCTION.
8 NOTHING IN THIS SUBCHAPTER SHALL BE CONSTRUED TO AUTHORIZE A
9 MARINE BUSINESS TO TRANSFER ANY RIGHT, TITLE OR INTEREST IN A
10 BOAT OR ANY RELATED EQUIPMENT IN VIOLATION OF SECTION 307 OF THE
11 SERVICEMEMBERS CIVIL RELIEF ACT (PUBLIC LAW 108-89, 50 APP.
12 U.S.C. § 537) OR 51 PA.C.S § 4105 (RELATING TO EXEMPTION FROM
13 CIVIL PROCESS).
14 § 5344. RULES AND REGULATIONS.
15 (A) GENERAL RULE.--THE COMMISSION MAY PROMULGATE RULES AND
16 REGULATIONS AS IT DEEMS NECESSARY TO CARRY OUT THE PROVISIONS OF
17 THIS SUBCHAPTER.
18 (B) PENALTY.--ANY PERSON WHO VIOLATES A RULE OR REGULATION
19 PROMULGATED UNDER THIS SECTION COMMITS A SUMMARY OFFENSE OF THE
20 THIRD DEGREE.
21 SECTION 3. CHAPTER 73 OF TITLE 75 IS AMENDED BY ADDING A
22 SUBCHAPTER HEADING AND THE CHAPTER IS AMENDED BY ADDING A
23 SUBCHAPTER TO READ:
24 SUBCHAPTER A
25 ABANDONED VEHICLES AND SALVORS
26 SUBCHAPTER B
27 WATERCRAFT TRAILER FORFEITURE
28 SEC.
29 7321. SCOPE OF SUBCHAPTER AND LEGISLATIVE INTENT.
30 7322. DEFINITIONS.
20050H1641B4392 - 23 -
1 7323. LIENS.
2 7324. NOTIFICATION BY WATERCRAFT TRAILER DEALER.
3 7325. RESPONSIBILITY OF DEPARTMENT.
4 7326. PUBLICATION.
5 7327. REDEMPTION.
6 7328. FORFEITURE.
7 7329. RIGHTS ACQUIRED BY GOOD FAITH PURCHASER.
8 7330. OTHER REMEDIES.
9 7331. CONSTRUCTION.
10 § 7321. SCOPE OF SUBCHAPTER AND LEGISLATIVE INTENT.
11 (A) GENERAL RULE.--THIS SUBCHAPTER COVERS FORFEITURES OF
12 WATERCRAFT TRAILERS LEFT IN THE POSSESSION OF WATERCRAFT TRAILER
13 DEALERS.
14 (B) LEGISLATIVE INTENT.--IT IS THE INTENT OF THE GENERAL
15 ASSEMBLY THAT THIS SUBCHAPTER ACT IN CONCERT WITH 30 PA.C.S. CH.
16 53 SUBCH. C (RELATING TO BOAT AND MARINE FORFEITURE).
17 (C) APPLICABILITY.--
18 (1) THE PROVISIONS OF THIS SUBCHAPTER SHALL ONLY APPLY
19 TO A WATERCRAFT TRAILER WITH A RESALE VALUE BASED UPON
20 ESTABLISHED INDUSTRY STANDARDS EQUAL TO OR LESS THAN THE
21 MAXIMUM AMOUNT SET FORTH IN THIS SUBSECTION.
22 (2) THE MAXIMUM AMOUNT FOR THE YEAR 2006 SHALL BE
23 $1,000. THEREAFTER, THE MAXIMUM AMOUNT SHALL BE FIXED
24 ANNUALLY BY THE DEPARTMENT BASED UPON THE MAXIMUM AMOUNT IN
25 THE PRIOR YEAR AS ADJUSTED TO REFLECT THE CHANGE IN THE
26 CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U) FOR THE
27 UNITED STATES FOR ALL ITEMS AS PUBLISHED BY THE UNITED STATES
28 DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS FOR THE
29 PREVIOUS 12-MONTH PERIOD. THE MAXIMUM AMOUNT AS ADJUSTED
30 SHALL BE ROUNDED TO THE NEAREST MULTIPLE OF $5.
20050H1641B4392 - 24 -
1 (3) THE DEPARTMENT SHALL GIVE NOTICE OF THE NEW MAXIMUM
2 AMOUNT BY PUBLICATION IN THE PENNSYLVANIA BULLETIN IN THE
3 THIRD PUBLICATION IN MARCH OF EACH YEAR.
4 § 7322. DEFINITIONS.
5 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
6 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
7 CONTEXT CLEARLY INDICATES OTHERWISE:
8 "CUSTOMER." A PERSON WHO CONTRACTS WITH A FOR THE SERVICES <--
9 OF A WATERCRAFT TRAILER DEALER FOR REPAIR, REMANUFACTURE, <--
10 RESTORATION, ALTERATION, STORAGE OR CLEANING OF CONCERNING A <--
11 BOAT, RELATED EQUIPMENT OR A WATERCRAFT TRAILER.
12 "TERMINAL DATE." EITHER OF THE FOLLOWING:
13 (1) IN THE CASE OF A REPAIR, REMANUFACTURE, RESTORATION, <--
14 ALTERATION OR CLEANING OF A BOAT, RELATED EQUIPMENT OR
15 WATERCRAFT TRAILER, ABSENT A WRITTEN AGREEMENT TO THE
16 CONTRARY, THE DATE UPON WHICH A BILL IS MAILED OR OTHERWISE
17 PROVIDED TO A CUSTOMER FOR A COMPLETED REPAIR, REMANUFACTURE,
18 RESTORATION, ALTERATION OR CLEANING.
19 (2) IN THE CASE OF STORAGE, CONSIGNMENT OR BROKERAGE OF
20 A BOAT, RELATED EQUIPMENT OR WATERCRAFT TRAILER, THE LAST
21 DATE UNDER CONTRACT FOR STORAGE, CONSIGNMENT OR BROKERAGE.
22 (1) IN THE CASE OF ANY REPAIR, REMANUFACTURE, <--
23 RESTORATION, ALTERATION, CLEANING OR STORAGE, ABSENT A
24 WRITTEN AGREEMENT TO THE CONTRARY, THE TERM MEANS THE DATE
25 UPON WHICH A BILL IS MAILED OR OTHERWISE PROVIDED TO THE
26 CUSTOMER FOR A COMPLETED REPAIR, REMANUFACTURE, RESTORATION,
27 ALTERATION, CLEANING OR STORAGE FOR A BOAT, RELATED EQUIPMENT
28 OR WATERCRAFT TRAILER.
29 (2) IN THE CASE OF CONSIGNMENT OR BROKERAGE, THE TERM
30 MEANS THE LAST DATE UNDER THE BROKERAGE OR CONSIGNMENT
20050H1641B4392 - 25 -
1 CONTRACT OR AGREEMENT.
2 "WATERCRAFT TRAILER." A TRAILER DESIGNED TO TRANSPORT OR <--
3 USED TO TRANSPORT WATERCRAFT.
4 "WATERCRAFT TRAILER DEALER." A PERSON REGISTERED WITH THE
5 DEPARTMENT AS A WATERCRAFT TRAILER DEALER IN ACCORDANCE WITH
6 SECTION 1337 (RELATING TO USE OF "MISCELLANEOUS MOTOR VEHICLE
7 BUSINESS" REGISTRATION PLATES).
8 § 7323. LIENS.
9 A WATERCRAFT TRAILER DEALER SHALL HAVE A LIEN, DEPENDENT UPON
10 POSSESSION, ON A WATERCRAFT TRAILER FOR THE BALANCE DUE THE
11 WATERCRAFT TRAILER DEALER FOR ANY REPAIR, REMANUFACTURE,
12 RESTORATION, ALTERATION, STORAGE, CLEANING, CONSIGNMENT OR
13 BROKERAGE OF A BOAT, ANY RELATED EQUIPMENT OR A WATERCRAFT
14 TRAILER. THE WATERCRAFT TRAILER DEALER MAY RETAIN POSSESSION OF
15 A WATERCRAFT TRAILER UNTIL THE CHARGES ARE PAID.
16 § 7324. NOTIFICATION BY WATERCRAFT TRAILER DEALER.
17 (A) GENERAL RULE.--IF A CUSTOMER DOES NOT CLAIM POSSESSION OF
18 A WATERCRAFT TRAILER WITHIN 30 DAYS OF THE TERMINAL DATE, A
19 WATERCRAFT TRAILER DEALER MAY INITIATE THE FORFEITURE PROCEDURE
20 BY SENDING WRITTEN NOTICE ON THE SAME DAY BY CERTIFIED MAIL,
21 RETURN RECEIPT REQUESTED, TO THE DEPARTMENT AND THE CUSTOMER.
22 (B) NOTICE TO THE CUSTOMER.--NOTICE TO THE CUSTOMER SHALL BE
23 MAILED TO THE ADDRESS DESIGNATED IN WRITING BY THE CUSTOMER OR,
24 IF NOT SO DESIGNATED, TO THE LAST KNOWN ADDRESS OF THE CUSTOMER.
25 IF A WATERCRAFT TRAILER DEALER SENDS NOTICE TO THE CUSTOMER
26 PURSUANT TO 30 PA.C.S. 5334 (RELATING TO NOTICE FOR BOATS AND
27 RELATED EQUIPMENT), THE WATERCRAFT TRAILER DEALER MAY SEND THE
28 NOTICE REQUIRED BY THIS SECTION IN THE SAME MAILING.
29 (C) NOTICE TO THE DEPARTMENT.--NOTICE TO THE DEPARTMENT
30 SHALL BE MADE ON A FORM APPROVED BY THE DEPARTMENT.
20050H1641B4392 - 26 -
1 (D) CONTENT OF NOTICE.--THE NOTICE SHALL CONTAIN THE
2 FOLLOWING:
3 (1) THE NAME, ADDRESS AND TELEPHONE NUMBER AND ADDRESS <--
4 OF THE WATERCRAFT TRAILER DEALER.
5 (2) A DESCRIPTION OF THE WATERCRAFT TRAILER, INCLUDING
6 ANY REGISTRATION PLATE NUMBER AND VEHICLE IDENTIFICATION
7 NUMBER.
8 (3) NOTICE THAT THE WATERCRAFT TRAILER DEALER INTENDS TO
9 TERMINATE THE RIGHTS, TITLE AND INTEREST OF THE OWNER AND
10 LIENHOLDER IN THE WATERCRAFT TRAILER BY OPERATION OF LAW, IN
11 ACCORDANCE WITH THIS SUBCHAPTER.
12 (4) THE AMOUNT WHICH MUST BE PAID TO THE WATERCRAFT <--
13 TRAILER DEALER TO REDEEM THE WATERCRAFT TRAILER AS OF THE
14 DATE OF THE NOTICE.
15 (5) THE TELEPHONE NUMBER OF THE WATERCRAFT TRAILER
16 DEALER.
17 § 7325. RESPONSIBILITY OF DEPARTMENT.
18 (A) GENERAL RULE.--UPON RECEIPT OF THE NOTICE SPECIFIED IN
19 SECTION 7324 (RELATING TO NOTIFICATION BY WATERCRAFT TRAILER
20 DEALER), THE DEPARTMENT SHALL SEND BY CERTIFIED MAIL, RETURN
21 RECEIPT REQUESTED, A NOTICE CONTAINING THE INFORMATION SET FORTH
22 IN SECTION 7324(D) 7324(D)(1), (2) AND (3) TO THE LAST KNOWN <--
23 OWNER AND ALL LIENHOLDERS OF RECORD.
24 (B) WATERCRAFT TRAILERS FROM OTHER STATES.--
25 IF THE WATERCRAFT TRAILER DISPLAYS A REGISTRATION PLATE OR OTHER
26 IDENTIFYING INDICIA EVIDENCING THAT THE WATERCRAFT TRAILER IS
27 TITLED OR REGISTERED IN ANOTHER STATE, THE DEPARTMENT SHALL USE
28 DATABASES TO WHICH IT HAS ACCESS TO ASCERTAIN THE NAME AND
29 ADDRESS OF THE OWNER AND LIENHOLDERS OF RECORD.
30 (C) NOTICE TO WATERCRAFT TRAILER DEALERS.--THE DEPARTMENT
20050H1641B4392 - 27 -
1 SHALL NOTIFY THE WATERCRAFT TRAILER DEALER:
2 (1) UPON MAILING NOTICE TO THE OWNER AND LIENHOLDERS; OR
3 (2) AFTER CONCLUSION OF A REASONABLE INVESTIGATION,
4 THAT THE DEPARTMENT HAS BEEN UNABLE TO DETERMINE THE NAME AND
5 ADDRESS OF ANY LIENHOLDER OR OWNER.
6 § 7326. PUBLICATION.
7 (A) GENERAL RULE.--AT ANY TIME AFTER THE DATE THE WATERCRAFT
8 TRAILER DEALER RECEIVES NOTICE FROM THE DEPARTMENT PURSUANT TO
9 SECTION 7325 (RELATING TO RESPONSIBILITY OF DEPARTMENT), THE
10 WATERCRAFT TRAILER DEALER SHALL PLACE PUBLISH A NOTICE, ONCE A <--
11 WEEK FOR TWO CONSECUTIVE WEEKS, IN A NEWSPAPER OF GENERAL
12 CIRCULATION, PUBLISHED IN THE COUNTY WHERE THE WATERCRAFT
13 TRAILER DEALER IS LOCATED, DESCRIBING THE WATERCRAFT TRAILER AND
14 ANY IDENTIFYING NUMBER.
15 (B) CONTENTS OF NOTICE.--THE NOTICE SHALL INCLUDE
16 INFORMATION THAT ALL RIGHTS, TITLE AND INTEREST IN THE
17 WATERCRAFT TRAILER SHALL BE TRANSFERRED TO A WATERCRAFT TRAILER
18 DEALER BY OPERATION OF LAW UNLESS THE WATERCRAFT TRAILER IS
19 REDEEMED WITHIN 30 DAYS OF THE DATE OF THE SECOND PUBLICATION.
20 THIS NOTICE MAY BE COMBINED WITH A PUBLICATION OF NOTICE
21 PURSUANT TO 30 PA.C.S. § 5337 (RELATING TO PUBLICATION FOR BOATS
22 AND RELATED EQUIPMENT).
23 § 7327. REDEMPTION.
24 (A) NOTICE.--UPON REQUEST OF THE CUSTOMER, ANY LIENHOLDER OR
25 THE OWNER OF A WATERCRAFT TRAILER, THE WATERCRAFT TRAILER DEALER
26 SHALL PROVIDE THE AMOUNT NECESSARY UNDER SUBSECTION (B), AT THE <--
27 TIME OF THE REQUEST, TO REDEEM THE WATERCRAFT TRAILER. <--
28 (B) CHARGES AND EXPENSES.--PRIOR TO THE FORFEITURE OF A
29 WATERCRAFT TRAILER UNDER THIS SUBCHAPTER, THE CUSTOMER, ANY
30 LIENHOLDER OR THE OWNER OF THE WATERCRAFT TRAILER MAY PAY THE
20050H1641B4392 - 28 -
1 AMOUNT NECESSARY TO SATISFY:
2 (1) ALL CHARGES DUE THE WATERCRAFT TRAILER DEALER FOR
3 THE REPAIR, REMANUFACTURE, RESTORATION, ALTERATION, STORAGE,
4 CLEANING, CONSIGNMENT OR BROKERAGE OF THE WATERCRAFT TRAILER.
5 (2) REASONABLE EXPENSES ASSOCIATED WITH THE MAILING OF
6 NOTICES UNDER SECTION 7324 (RELATING TO NOTIFICATION BY
7 WATERCRAFT TRAILER DEALER) AND THE PUBLICATION OF NOTICE
8 UNDER SECTION 7326 (RELATING TO PUBLICATION).
9 (C) RETURN OF PROPERTY.--UPON PAYMENT OF ALL CHARGES AND
10 EXPENSES UNDER SUBSECTION (B), THE WATERCRAFT TRAILER DEALER
11 SHALL RETURN THE WATERCRAFT TRAILER TO THE CUSTOMER, LIENHOLDER
12 OR OWNER AND SHALL THEREAFTER HAVE NO LIABILITY TO ANY PERSON
13 WITH RESPECT TO THE WATERCRAFT TRAILER DEALER. <--
14 § 7328. FORFEITURE.
15 A WATERCRAFT TRAILER THAT IS NOT REDEEMED WITHIN 30 DAYS OF
16 THE SECOND PUBLICATION UNDER 75 PA.C.S. § 7326 (RELATING TO
17 PUBLICATION) IS DEEMED FORFEITED TO THE WATERCRAFT TRAILER
18 DEALER AND ANY PRIOR RIGHT, TITLE OR INTEREST IN THE WATERCRAFT
19 TRAILER IS TERMINATED. THE WATERCRAFT TRAILER DEALER SHALL MAKE
20 APPLICATION FOR A CERTIFICATE OF TITLE TO THE DEPARTMENT.
21 § 7329. RIGHTS ACQUIRED BY GOOD FAITH PURCHASER.
22 A PURCHASER IN GOOD FAITH OF A WATERCRAFT TRAILER SOLD BY A
23 WATERCRAFT TRAILER DEALER AFTER FORFEITURE UNDER THIS SUBCHAPTER <--
24 TAKES THE WATERCRAFT TRAILER FREE OF ALL LIENS AND ENCUMBRANCES
25 DESPITE NONCOMPLIANCE BY THE WATERCRAFT TRAILER DEALER WITH THE
26 REQUIREMENTS OF THIS SUBCHAPTER.
27 § 7330. OTHER REMEDIES.
28 THE PROVISIONS OF THIS SUBCHAPTER ARE IN ADDITION TO ANY AND
29 ALL OTHER REMEDIES AVAILABLE TO A WATERCRAFT TRAILER DEALER.
30 THIS SUBCHAPTER SHALL NOT FORECLOSE ANY OTHER REMEDIES AVAILABLE
20050H1641B4392 - 29 -
1 TO A WATERCRAFT TRAILER DEALER AT LAW OR IN EQUITY.
2 § 7331. CONSTRUCTION.
3 NOTHING IN THIS SUBCHAPTER SHALL BE CONSTRUED TO AUTHORIZE A
4 WATERCRAFT TRAILER DEALER TO TRANSFER ANY RIGHT, TITLE OR
5 INTEREST IN A WATERCRAFT TRAILER IN VIOLATION OF SECTION 307 OF
6 THE SERVICEMEMBERS CIVIL RELIEF ACT (PUBLIC LAW 108-89, 50 APP.
7 U.S.C. § 537) OR 51 PA.C.S § 4105 (RELATING TO EXEMPTION FROM
8 CIVIL PROCESS).
9 SECTION 4. THIS ACT SHALL TAKE EFFECT IN 120 DAYS.
E31L30DMS/20050H1641B4392 - 30 -