act-2006-0-79•Pennsylvania Act 2006-79 — FISH AND BOAT CODE (30 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - BOAT AND MARINE FORFEITURE, POWERS AND DUTIES OF PENNSYLVANIA FISH AND BOAT COMMISSION AND DEPARTMENT OF TRANSPORTATION AND BOAT, MARINE EQUIPMENT AND WATERCRAFT TRAILER FORFEITURE
Pennsylvania Act 2006-79 — FISH AND BOAT CODE (30 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - BOAT AND MARINE FORFEITURE, POWERS AND DUTIES OF PENNSYLVANIA FISH AND BOAT COMMISSION AND DEPARTMENT OF TRANSPORTATION AND BOAT, MARINE EQUIPMENT AND WATERCRAFT TRAILER FORFEITURE
act-2006-0-792006 Pa. Act 79Law
Act text
FISH AND BOAT CODE (30 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - BOAT AND
MARINE FORFEITURE, POWERS AND DUTIES OF PENNSYLVANIA FISH AND BOAT
COMMISSION AND DEPARTMENT OF TRANSPORTATION AND BOAT, MARINE EQUIPMENT
AND WATERCRAFT TRAILER FORFEITURE
Act of Jul. 7, 2006, P.L. 365, No. 79 Cl. 30
Session of 2006
No. 2006-79
HB 1641
AN ACT
Amending Titles 30 (Fish) and 75 (Vehicles) of the Pennsylvania
Consolidated Statutes, providing for boat and marine
forfeiture, for the powers and duties of the Pennsylvania
Fish and Boat Commission, for boat, marine equipment and
watercraft trailer forfeiture and for the powers and duties
of the Department of Transportation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 908 of Title 30 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 908. False identification or false or fraudulent statements
on reports, etc.
A person who gives false identification to an officer
authorized to enforce this title or who makes any false or
fraudulent statement on any report, affidavit or application
required by this title, or to any representative of the
commission, commits a summary offense of the [second] first
degree.
Section 2. Chapter 53 of Title 30 is amended by adding a
subchapter to read:
SUBCHAPTER C
BOAT AND MARINE FORFEITURE
Sec.
5331. Scope of subchapter.
5332. Definitions.
5333. Liens.
5334. Notice for boats and related equipment.
5335. Notice for watercraft trailers.
5336. Responsibility of commission.
5337. Publication for boats and related equipment.
5338. Publication for watercraft trailers.
5339. Redemption.
5340. Forfeiture.
5341. Rights acquired by good faith purchaser.
5342. Other remedies.
5343. Construction.
5344. Rules and regulations.
§ 5331. Scope of subchapter.
(a) General rule.--This subchapter covers boat and marine
forfeitures.
(b) Legislative intent.--It is the intent of the General
Assembly that this subchapter act in concert with 75 Pa.C.S. Ch.
73 Subch. B (relating to watercraft trailer forfeiture).
(c) Applicability.--
(1) The provisions of this subchapter shall only apply
to a boat and related equipment with a resale value based
upon established industry standards equal to or less than the
maximum amount set forth in this subsection.
(2) The maximum amount for the year 2006 shall be
$5,000. Thereafter, the maximum amount shall be fixed
annually by the commission based upon the maximum amount in
the prior year as adjusted to reflect the change in the
Consumer Price Index for All Urban Consumers (CPI-U) for the
United States for all items as published by the United States
Department of Labor, Bureau of Labor Statistics, for the
previous 12-month period. The maximum amount as adjusted
shall be rounded to the nearest multiple of $5.
(3) The commission shall give notice of the new maximum
amount by publication in the Pennsylvania Bulletin in the
third publication in March of each year.
§ 5332. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Customer." A person who contracts for the services of a
marine business concerning a boat, any related equipment or a
watercraft trailer.
"Marine business." A person who repairs, remanufactures,
restores, alters, stores, cleans or holds for brokerage or
consignment sale boats, any related equipment or watercraft
trailers. This term includes, but is not limited to, a marina,
watercraft dealer, watercraft trailer dealer, boat club, yacht
club, repair facility or storage facility.
"Related equipment." Personal property:
(1) related to a boat in the possession of a marine
business, including a motor; or
(2) found in or on a boat in the possession of a marine
business.
The term does not include a watercraft trailer as defined in 75
Pa.C.S. § 7322 (relating to definitions).
"Terminal date." Either of the following:
(1) In the case of any repair, remanufacture,
restoration, alteration, cleaning or storage, absent a
written agreement to the contrary, the term means the date
upon which a bill is mailed or otherwise provided to the
customer for a completed repair, remanufacture, restoration,
alteration, cleaning or storage for a boat, related equipment
or watercraft trailer.
(2) In the case of consignment or brokerage, the term
means the last date under the brokerage or consignment
contract or agreement.
"Watercraft trailer." A trailer designed or used to
transport watercraft.
§ 5333. Liens.
A marine business shall have a lien, dependent upon
possession, on a boat and any related equipment belonging to an
owner for the balance due the marine business from such owner
for any repair, remanufacture, restoration, alteration, storage,
cleaning, consignment or brokerage of a boat and any related
equipment. The marine business may retain possession of a boat
and any related equipment until the charges are paid.
§ 5334. Notice for boats and related equipment.
Any time 30 days after the terminal date, if a marine
business chooses to have all rights, title and interest in a
boat or any related equipment transferred to the marine business
by operation of law, the marine business shall on the same day
send the following two written notices by certified mail, return
receipt requested:
(1) To an address designated in writing by the customer
or, if not so designated, to the customer's last known
address, indicating that the marine business intends to
terminate all rights, title and interest in the boat or any
related equipment by operation of law under this subchapter.
If the marine business is sending a notice to the customer
pursuant to 75 Pa.C.S. § 7324 (relating to notification by
watercraft trailer dealer), it may send the notice required
by this paragraph in the same mailing. The notice shall
contain:
(i) The name, address and telephone number of the
marine business.
(ii) A description of the boat, including make,
model and year, and the hull identification number, a
registration number or temporary decal number.
(iii) A description of any related equipment.
(iv) Notice that the marine business intends to
terminate the owner's and lienholder's rights, title and
interest in the boat and any related equipment by
operation of law under this subchapter.
(v) The amount which must be paid to the marine
business to redeem the boat and any related equipment as
of the date of the notice.
(2) To the commission indicating that the marine
business intends to terminate all rights, title and interest
in the boat or any related equipment by operation of law
under this subchapter. This notice shall be accompanied by a
fee of $50 and shall be on a form prescribed by the
commission.
§ 5335. Notice for watercraft trailers.
If a watercraft trailer dealer chooses to have all rights,
title and interest in a watercraft trailer transferred to a
watercraft trailer dealer by operation of law, it shall follow
the notice provisions of 75 Pa.C.S. § 7324 (relating to
notification by watercraft trailer dealer).
§ 5336. Responsibility of commission.
(a) Notice to lienholders and other persons.--Upon receipt
of the notice specified in section 5334 (relating to notice for
boats and related equipment), the commission shall:
(1) If the boat is registered or titled in this
Commonwealth, notify, if on record with the commission, any
lienholders and the owner or, if the boat is not titled, the
last registrant by certified mail, return receipt requested,
that a marine business intends to acquire all rights, title
and interest in the boat or any related equipment. The notice
shall contain the name, address and telephone number of the
marine business.
(2) If the boat has a registration number, temporary
decal number or other identifying indicia evidencing that the
boat is registered or titled in another state or is federally
documented, the commission shall contact the other state or
the United States Coast Guard and attempt to ascertain the
name and address of any lienholder and the last registrant or
owner. The commission shall provide notice to those persons
by certified mail, return receipt requested, that a marine
business intends to acquire all rights, title and interest in
the boat or any related equipment. The notice shall contain
the name, address and telephone number of the marine
business.
(b) Notice to marine business.--The commission shall notify
the marine business:
(1) that the commission notified any lienholders and the
owner of the boat or, in the case of an untitled boat, the
last registrant in accordance with this section; or
(2) that the commission was unable to provide notice in
accordance with this section.
§ 5337. Publication for boats and related equipment.
(a) General rule.--At any time after the date the marine
business receives notice from the commission pursuant to section
5336 (relating to responsibility of commission), the marine
business shall publish a notice, once a week for two consecutive
weeks, in a newspaper of general circulation published in the
county where the marine business is located, describing the boat
or any related equipment and any identifying data as prescribed
by the commission.
(b) Contents of notice.--The notice shall include
information that all rights, title and interest in the boat or
any related equipment shall be transferred to the marine
business by operation of law unless the boat or any related
equipment is redeemed within 30 days of the date of the second
publication. This notice may be combined with a publication of
notice pursuant to 75 Pa.C.S. § 7326 (relating to publication).
§ 5338. Publication for watercraft trailers.
If a watercraft dealer chooses to have all rights, title and
interest in a watercraft trailer transferred to a watercraft
trailer dealer by operation of law, it shall follow the
publication provisions of 75 Pa.C.S. § 7326 (relating to
publication).
§ 5339. Redemption.
(a) Notice.--Upon request of the customer, any lienholder or
the owner of a boat or any related equipment, the marine
business shall provide the amount necessary under subsection
(b), at the time of the request, to redeem the boat and any
related equipment.
(b) Charges and expenses.--Prior to the forfeiture of a boat
and any related equipment under this subchapter, the customer,
any lienholder or the owner of a boat or any related equipment
may pay the amount necessary to satisfy:
(1) All charges due the marine business for the repair,
remanufacture, restoration, alteration, storage, cleaning,
consignment or brokerage of the boat and any related
equipment.
(2) Reasonable expenses associated with the mailing of
notices under section 5334 (relating to notice for boats and
related equipment) and the publication of notice under
section 5337 (relating to publication for boats and related
equipment).
(c) Return of property.--Upon payment of all charges and
expenses under subsection (b), the marine business shall return
the boat and any related equipment to the customer, lienholder
or owner and shall thereafter have no liability to any person
with respect to the boat and any related equipment.
§ 5340. Forfeiture.
A boat and any related equipment that is not redeemed within
30 days of the second publication under section 5337 (relating
to publication for boats and related equipment) is deemed
forfeited to the marine business, and any prior right, title or
interest in the boat and any related equipment is terminated.
The marine business shall make application for a certificate of
title for the boat with the commission within 30 days of the
date of forfeiture.
§ 5341. Rights acquired by good faith purchaser.
A purchaser in good faith of a boat or any related equipment
sold by a marine business after forfeiture under this subchapter
takes the boat or any related equipment free of all liens and
encumbrances despite noncompliance by the marine business with
the requirements of this subchapter.
§ 5342. Other remedies.
The provisions of this subchapter are in addition to any and
all other remedies available to a marine business. This
subchapter shall not foreclose any other remedies available to a
marine business at law or in equity.
§ 5343. Construction.
Nothing in this subchapter shall be construed to authorize a
marine business to transfer any right, title or interest in a
boat or any related equipment in violation of section 307 of the
Servicemembers Civil Relief Act (Public Law 108-89, 50 App.
U.S.C. § 537) or 51 Pa.C.S. § 4105 (relating to exemption from
civil process).
§ 5344. Rules and regulations.
(a) General rule.--The commission may promulgate rules and
regulations as it deems necessary to carry out the provisions of
this subchapter.
(b) Penalty.--Any person who violates a rule or regulation
promulgated under this section commits a summary offense of the
third degree.
Section 3. Chapter 73 of Title 75 is amended by adding a
subchapter heading and the chapter is amended by adding a
subchapter to read:
SUBCHAPTER A
ABANDONED VEHICLES AND SALVORS
SUBCHAPTER B
WATERCRAFT TRAILER FORFEITURE
Sec.
7321. Scope of subchapter and legislative intent.
7322. Definitions.
7323. Liens.
7324. Notification by watercraft trailer dealer.
7325. Responsibility of department.
7326. Publication.
7327. Redemption.
7328. Forfeiture.
7329. Rights acquired by good faith purchaser.
7330. Other remedies.
7331. Construction.
§ 7321. Scope of subchapter and legislative intent.
(a) General rule.--This subchapter covers forfeitures of
watercraft trailers left in the possession of watercraft trailer
dealers.
(b) Legislative intent.--It is the intent of the General
Assembly that this subchapter act in concert with 30 Pa.C.S. Ch.
53 Subch. C (relating to boat and marine forfeiture).
(c) Applicability.--
(1) The provisions of this subchapter shall only apply
to a watercraft trailer with a resale value based upon
established industry standards equal to or less than the
maximum amount set forth in this subsection.
(2) The maximum amount for the year 2006 shall be
$1,000. Thereafter, the maximum amount shall be fixed
annually by the department based upon the maximum amount in
the prior year as adjusted to reflect the change in the
Consumer Price Index for All Urban Consumers (CPI-U) for the
United States for all items as published by the United States
Department of Labor, Bureau of Labor Statistics, for the
previous 12-month period. The maximum amount as adjusted
shall be rounded to the nearest multiple of $5.
(3) The department shall give notice of the new maximum
amount by publication in the Pennsylvania Bulletin in the
third publication in March of each year.
§ 7322. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Customer." A person who contracts for the services of a
watercraft trailer dealer concerning a boat, related equipment
or a watercraft trailer.
"Terminal date." Either of the following:
(1) In the case of any repair, remanufacture,
restoration, alteration, cleaning or storage, absent a
written agreement to the contrary, the term means the date
upon which a bill is mailed or otherwise provided to the
customer for a completed repair, remanufacture, restoration,
alteration, cleaning or storage for a boat, related equipment
or watercraft trailer.
(2) In the case of consignment or brokerage, the term
means the last date under the brokerage or consignment
contract or agreement.
"Watercraft trailer." A trailer designed or used to
transport watercraft.
"Watercraft trailer dealer." A person registered with the
department as a watercraft trailer dealer in accordance with
section 1337 (relating to Use of "Miscellaneous Motor Vehicle
Business" registration plates).
§ 7323. Liens.
A watercraft trailer dealer shall have a lien, dependent upon
possession, on a watercraft trailer for the balance due the
watercraft trailer dealer for any repair, remanufacture,
restoration, alteration, storage, cleaning, consignment or
brokerage of a boat, any related equipment or a watercraft
trailer. The watercraft trailer dealer may retain possession of
a watercraft trailer until the charges are paid.
§ 7324. Notification by watercraft trailer dealer.
(a) General rule.--If a customer does not claim possession of
a watercraft trailer within 30 days of the terminal date, a
watercraft trailer dealer may initiate the forfeiture procedure
by sending written notice on the same day by certified mail,
return receipt requested, to the department and the customer.
(b) Notice to the customer.--Notice to the customer shall be
mailed to the address designated in writing by the customer or,
if not so designated, to the last known address of the customer.
If a watercraft trailer dealer sends notice to the customer
pursuant to 30 Pa.C.S. 5334 (relating to notice for boats and
related equipment), the watercraft trailer dealer may send the
notice required by this section in the same mailing.
(c) Notice to the department.--Notice to the department
shall be made on a form approved by the department.
(d) Content of notice.--The notice shall contain the
following:
(1) The name and address of the watercraft trailer
dealer.
(2) A description of the watercraft trailer, including
any registration plate number and vehicle identification
number.
(3) Notice that the watercraft trailer dealer intends to
terminate the rights, title and interest of the owner and
lienholder in the watercraft trailer by operation of law in
accordance with this subchapter.
(4) The amount which must be paid to the watercraft
trailer dealer to redeem the watercraft trailer as of the
date of the notice.
(5) The telephone number of the watercraft trailer
dealer.
§ 7325. Responsibility of department.
(a) General rule.--Upon receipt of the notice specified in
section 7324 (relating to notification by watercraft trailer
dealer), the department shall send by certified mail, return
receipt requested, a notice containing the information set forth
in section 7324(d)(1), (2) and (3) to the last known owner and
all lienholders of record.
(b) Watercraft trailers from other states.--If the
watercraft trailer displays a registration plate or other
identifying indicia evidencing that the watercraft trailer is
titled or registered in another state, the department shall use
databases to which it has access to ascertain the name and
address of the owner and lienholders of record.
(c) Notice to watercraft trailer dealers.--The department
shall notify the watercraft trailer dealer:
(1) upon mailing notice to the owner and lienholders; or
(2) after conclusion of a reasonable investigation,
that the department has been unable to determine the name and
address of any lienholder or owner.
§ 7326. Publication.
(a) General rule.--At any time after the date the watercraft
trailer dealer receives notice from the department pursuant to
section 7325 (relating to responsibility of department), the
watercraft trailer dealer shall publish a notice, once a week
for two consecutive weeks, in a newspaper of general circulation
published in the county where the watercraft trailer dealer is
located, describing the watercraft trailer and any identifying
number.
(b) Contents of notice.--The notice shall include
information that all rights, title and interest in the
watercraft trailer shall be transferred to a watercraft trailer
dealer by operation of law unless the watercraft trailer is
redeemed within 30 days of the date of the second publication.
This notice may be combined with a publication of notice
pursuant to 30 Pa.C.S. § 5337 (relating to publication for boats
and related equipment).
§ 7327. Redemption.
(a) Notice.--Upon request of the customer, any lienholder or
the owner of a watercraft trailer, the watercraft trailer dealer
shall provide the amount necessary under subsection (b), at the
time of the request, to redeem the watercraft trailer.
(b) Charges and expenses.--Prior to the forfeiture of a
watercraft trailer under this subchapter, the customer, any
lienholder or the owner of the watercraft trailer may pay the
amount necessary to satisfy:
(1) All charges due the watercraft trailer dealer for
the repair, remanufacture, restoration, alteration, storage,
cleaning, consignment or brokerage of the watercraft trailer.
(2) Reasonable expenses associated with the mailing of
notices under section 7324 (relating to notification by
watercraft trailer dealer) and the publication of notice
under section 7326 (relating to publication).
(c) Return of property.--Upon payment of all charges and
expenses under subsection (b), the watercraft trailer dealer
shall return the watercraft trailer to the customer, lienholder
or owner and shall thereafter have no liability to any person
with respect to the watercraft trailer dealer.
§ 7328. Forfeiture.
A watercraft trailer that is not redeemed within 30 days of
the second publication under 75 Pa.C.S. § 7326 (relating to
publication) is deemed forfeited to the watercraft trailer
dealer, and any prior right, title or interest in the watercraft
trailer is terminated. The watercraft trailer dealer shall make
application for a certificate of title to the department.
§ 7329. Rights acquired by good faith purchaser.
A purchaser in good faith of a watercraft trailer sold by a
watercraft trailer dealer after forfeiture under this subchapter
takes the watercraft trailer free of all liens and encumbrances
despite noncompliance by the watercraft trailer dealer with the
requirements of this subchapter.
§ 7330. Other remedies.
The provisions of this subchapter are in addition to any and
all other remedies available to a watercraft trailer dealer.
This subchapter shall not foreclose any other remedies available
to a watercraft trailer dealer at law or in equity.
§ 7331. Construction.
Nothing in this subchapter shall be construed to authorize a
watercraft trailer dealer to transfer any right, title or
interest in a watercraft trailer in violation of section 307 of
the Servicemembers Civil Relief Act (Public Law 108-89, 50 App.
U.S.C. § 537) or 51 Pa.C.S. § 4105 (relating to exemption from
civil process).
Section 4. This act shall take effect in 120 days.
APPROVED--The 7th day of July, A. D. 2006.
EDWARD G. RENDELL
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