Pennsylvania HB 103: An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, providing for at-risk, derelict and abandoned boats; and imposing penalties.

Bill Text

SENATE AMENDED
PRIOR PRINTER'S NOS. 82, 1113 PRINTER'S NO. 1999
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 103
Session of
2025
INTRODUCED BY KULIK, SANCHEZ, GREINER, MENTZER, NEILSON, GIRAL,
KUZMA, HILL-EVANS, HADDOCK, HOHENSTEIN, HARKINS, DELLOSO,
GALLAGHER, WEBSTER, K.HARRIS AND DALEY, JANUARY 14, 2025
SENATOR ROTHMAN, GAME AND FISHERIES, IN SENATE, AS AMENDED,
JUNE 24, 2025
AN ACT
Amending Title 30 (Fish) of the Pennsylvania Consolidated
Statutes, providing for at-risk, derelict and abandoned
boats; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 30 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 57
AT-RISK, DERELICT AND ABANDONED BOATS
Sec.
5701. Scope of chapter.
5702. Definitions.
5703. Abandoned boats.
5704. Investigations, notice and related actions.
5703. IDENTIFICATION, NOTICE AND RELATED ACTIONS FOR
DISPOSITION OF AT-RISK, DERELICT AND ABANDONED BOATS.
5704. PENALTIES.
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

5705. Forms.
5706. Nuisances.
5707. Rules and regulations.
§ 5701. Scope of chapter.
This chapter relates to at-risk boats, derelict boats and
abandoned boats.
§ 5702. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abandoned boat." A boat that is presumed to be abandoned
under section 5703 (relating to abandoned boats). ANY OF THE
FOLLOWING CIRCUMSTANCES, BUT THE PRESUMPTION IS REBUTTABLE BY A
PREPONDERANCE OF THE EVIDENCE:
(1) THE BOAT IS PHYSICALLY INOPERABLE AND LEFT
UNATTENDED ON WATERS OF THIS COMMONWEALTH OR OTHER PUBLIC
PROPERTY FOR MORE THAN 48 HOURS;
(2) THE BOAT HAS REMAINED ILLEGALLY ON WATERS OF THIS
COMMONWEALTH OR OTHER PUBLIC PROPERTY FOR MORE THAN 48 HOURS;
(3) THE BOAT IS LEFT UNATTENDED ON OR ALONG WATERS OF
THIS COMMONWEALTH OR OTHER PUBLIC PROPERTY AND DOES NOT BEAR
A VALID REGISTRATION; OR
(4) THE BOAT HAS REMAINED ON THE PRIVATE PROPERTY OF A
SALVOR FOR MORE THAN 30 CALENDAR DAYS.
"At-risk boat." As follows:
(1) A boat that is at risk of becoming a derelict boat.
(2) The term may involve any of the following
circumstances:
(i) The boat is taking on or has taken on water
without an effective means to dewater.
20250HB0103PN1999 - 2 -
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

(ii) Spaces on the boat that are designed to be
enclosed are incapable of being sealed off or remain open
to the elements for extended periods of time. THE BOAT
REMAINS ON WATERS OF THIS COMMONWEALTH OR OTHER PUBLIC
PROPERTY DURING AN EXTREME WEATHER EVENT.
(iii) The boat has broken loose or is in danger of
breaking loose from its anchor CURRENT LOCATION .
(iv) The boat does not have an effective means of
propulsion for safe navigation.
"Derelict boat." A boat that is on the waters of this
Commonwealth or other public property and may involve any of the
following circumstances:
(1) The boat is sunk or partially sunk.
(2) The boat is aground without the ability to extricate
itself absent mechanical assistance.
(3) The boat remains on waters of this Commonwealth or
other public property after a boating accident , fire or
weather event OR FIRE .
(4) The boat is in a neglected or deteriorating
condition such that the boat's hull, steering or propulsion
systems are compromised due to missing, incomplete, damaged,
broken or inoperable components.
"Law enforcement agency." An agency that employs a law
enforcement officer.
"Law enforcement officer." As follows:
(1) An individual who, by virtue of the individual's
office or public employment, is vested by law with a duty to
maintain public order or make arrests for offenses, whether
that duty extends to all offenses or is limited to specific
offenses.
20250HB0103PN1999 - 3 -
<--
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

(2) The term includes an individual who is employed or
elected by the Commonwealth or a municipality and whose duty
it is to preserve the peace, make arrests or enforce the laws
of this Commonwealth.
"LAW ENFORCEMENT OFFICER." ANY OF THE FOLLOWING:
(1) A MEMBER OF THE PENNSYLVANIA STATE POLICE.
(2) AN INDIVIDUAL EMPLOYED AS A POLICE OFFICER WHO HOLDS
A CURRENT CERTIFICATE UNDER 53 PA.C.S. CH. 21 SUBCH. D
(RELATING TO MUNICIPAL POLICE EDUCATION AND TRAINING).
(3) AN AGENT OF THE OFFICE OF ATTORNEY GENERAL AS
DESCRIBED UNDER PARAGRAPH (2) OF THE DEFINITION OF
"ENFORCEMENT OFFICER" IN 71 PA.C.S. § 5102 (RELATING TO
DEFINITIONS).
(4) A SHERIFF OR A DEPUTY SHERIFF.
(5) "WATERWAYS CONSERVATION OFFICERS" OR "DEPUTY
WATERWAYS CONSERVATION OFFICERS" AS THOSE TERMS ARE DEFINED
UNDER 30 PA.C.S. § 102 (RELATING TO DEFINITIONS).
(6) AN "OFFICER" AS DEFINED UNDER 34 PA.C.S. § 102
(RELATING TO DEFINITIONS).
(7) AN INDIVIDUAL EMPLOYED BY THE DEPARTMENT OF
CONSERVATION AND NATURAL RESOURCES WHO IS VE