Pennsylvania SB 1017: An Act amending Title 30 (Fish) of the Pennsylvania Consolidated Statutes, providing for at-risk, derelict and abandoned boats; and imposing penalties.

Bill Text

PRINTER'S NO. 1176
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1017
Session of
2025
INTRODUCED BY ROBINSON, FONTANA, STEFANO, VOGEL, LAUGHLIN AND
MILLER, SEPTEMBER 19, 2025
REFERRED TO GAME AND FISHERIES, SEPTEMBER 19, 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.
5705. Forms.
5706. Nuisances.
5707. Rules and regulations.
§ 5701. Scope of chapter.
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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).
"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.
(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.
(iii) The boat has broken loose or is in danger of
breaking loose from its anchor.
(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.
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(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.
(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.
"Municipality." A county, city, borough, incorporated town
or township of this Commonwealth.
§ 5703. Abandoned boats.
(a) Presumption.--Subject to subsection (b), a boat is
presumed to be abandoned if the owner of the boat cannot be
contacted and the boat:
(1) is physically inoperable and is left unattended on
waters of this Commonwealth or other public property ;
(2) has remained illegally on waters of this
Commonwealth or other public property ;
(3) is left unattended on or along waters of this
Commonwealth or other public property and does not bear a
valid registration ; or
(4) has remained on the private property of a salvor for
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30 calendar days.
(b) Rebutting presumption.--The presumption under subsection
(a) is rebuttable by a preponderance of the evidence.
§ 5704. Investigations, notice and related actions.
(a) Authorization.--A municipality or law enforcement agency
may investigate at-risk boats, derelict boats and abandoned
boats within the jurisdiction of the municipality or law
enforcement agency, in collaboration with the commission.
(b) Notice to commission.--If an investigation under
subsection (a) uncovers an at-risk boat, derelict boat or
abandoned boat, the municipality or law enforcement agency
shall, within seven calendar days of the discovery of the at-
risk boat, derelict boat or abandoned boat, notify the
commission of the following:
(1) The name and contact information of the municipality
or law enforcement agency that made the discovery.
(2) The location of the at-risk boat, derelict boat or
abandoned boat.
(3) The condition of the at-risk boat, derelict boat or
abandoned boat.
(4) Identifying information regarding the at-risk boat,
derelict boat or abandoned boat, including registration,
license, capacity plate and name of the owner, if known.
(c) Notice to owner.--
(1) Following not