PRINTER'S NO. 897
No. 847 Session of 1995
INTRODUCED BY ROBBINS, HELFRICK, PORTERFIELD, BRIGHTBILL,
KASUNIC, MADIGAN, STOUT, BELL, MUSTO, RHOADES, SALVATORE,
HECKLER, MOWERY, SHUMAKER AND AFFLERBACH, APRIL 6, 1995
REFERRED TO GAME AND FISHERIES, APRIL 6, 1995
AN ACT
1 Amending Title 30 (Fish) of the Pennsylvania Consolidated
2 Statutes, providing for the titling of motor boats; and
3 further providing for registration of boats.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The heading of Chapter 53 of Title 30 of the
7 Pennsylvania Consolidated Statutes is amended and the chapter is
8 amended by adding a subchapter heading to read:
9 CHAPTER 53
10 REGISTRATION AND TITLING OF BOATS
11 SUBCHAPTER A
12 REGISTRATION
13 Section 2. Sections 5301, 5302, 5303, 5304, 5308, 5312 and
14 5313 of Title 30 are amended to read:
15 § 5301. Registration of motorboats required.
16 (a) General rule.--Except as provided in section 5302
17 (relating to exemptions), it is unlawful for any person to
18 operate or navigate, or cause to be operated or navigated, any
1 motorboat upon, over or through the waters of this Commonwealth
2 unless the motorboat is registered in accordance with this
3 [chapter] subchapter.
4 (b) Out-of-State registration.--When another state is the
5 state of principal operation of a boat and the boat is numbered
6 and validly registered in that state under a numbering system
7 approved by the Secretary of the Federal Department of
8 Transportation, the boat is deemed in compliance with this
9 chapter while temporarily operating on waters of this
10 Commonwealth.
11 (c) Moving boat into this Commonwealth.--When Pennsylvania
12 becomes the place of principal operation of a boat, numbered and
13 validly registered in another state, the number issued by the
14 other state shall be recognized for a period of sixty days from
15 the date the boat is moved to Pennsylvania during which time the
16 owner of the boat shall apply for and obtain a Pennsylvania
17 registration and number.
18 [(b)] (d) Penalty.--Any person who violates this section
19 commits a summary offense [of the third degree].
20 § 5302. Exemptions.
21 (a) General rule.--The following classes of boats are exempt
22 from the registration requirements of this [chapter] subchapter:
23 [(1) Boats currently registered or awarded a number by
24 another state under a numbering system approved by Federal
25 authority in which case the other state's registration or
26 number will be valid in this Commonwealth for a period not to
27 exceed the first 60 days of use on Commonwealth waters.
28 (2)] (1) Foreign boats temporarily using the waters of
29 this Commonwealth.
30 [(3)] (2) Boats, other than boats used for recreational
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1 purposes, which are clearly identified as being:
2 (i) owned by the United States;
3 (ii) used solely for public service functions such
4 as search and rescue[; and
5 (iii) clearly identifiable as such].
6 [(4)] (3) Lifeboats on ships.
7 [(5)] (4) Boats, other than boats used for recreational
8 purposes, possessing a valid marine document issued by the
9 United States Coast Guard, or any Federal successor thereto,
10 or by any foreign government.
11 [(6)] (5) Boats not equipped with motors.
12 (b) Exemptions by regulation.--The commission may, by
13 regulation, exempt any additional boat or class of boats from
14 the registration provisions of this [chapter] subchapter under
15 such conditions as it may prescribe.
16 (c) Exemption from fees.--The following boats are required
17 to register but are exempt from the owner titling and
18 registration fees of section 5104 (relating to fees):
19 (1) Motorboats owned or operated by the Commonwealth.
20 (2) Motorboats owned by public service organizations
21 approved by the commission and used exclusively for training,
22 education, water safety and other public service functions.
23 (3) Motorboats owned by political subdivisions and
24 quasi-public organizations, such as police departments,
25 volunteer fire departments and river rescue units, and used
26 exclusively in the performance of their work in enforcement,
27 furthering safety and search and rescue on the water.
28 § 5303. Voluntary and special registrations.
29 Watercraft other than those required to register under this
30 [chapter] subchapter may be registered at the option of the
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1 owner upon payment of the fee specified by section 5104
2 (relating to fees).
3 § 5304. Issuing agents.
4 (a) Designation.--The commission may designate as issuing
5 agents the county treasurer (or in counties where, by virtue of
6 an optional plan of government or home rule charter, there is no
7 county treasurer, the official who performs the ordinary
8 functions of a county treasurer) or such other persons in each
9 county, as it deems advantageous, to provide for the issuance of
10 boat registrations in accordance with the provisions of this
11 [chapter] subchapter.
12 (b) Fee.--For all services rendered in collecting and paying
13 over registration fees, each issuing agent shall charge and
14 retain an additional fee not exceeding $2 from the person
15 securing the registration. If the issuing agent is a county
16 treasurer or other official who performs that function, the fee
17 shall be retained for the use of the county.
18 (c) Bond.--Every issuing agent shall give bond to the
19 Commonwealth, in a sum determined by the executive director,
20 before any supply of registration forms is delivered to him.
21 (d) Disposition of moneys.--Every issuing agent shall
22 forward all moneys collected, along with all appropriate forms,
23 to the commission within ten days after receipt of each and
24 every registration. Delinquent agents are subject to a penalty
25 of 10% per month or portion of a month on any outstanding
26 balance of registration money due the commission which is not
27 paid when due, which penalty shall be compounded monthly. The
28 commission may recall the agency of any issuing agent after a
29 delinquency period of 30 days.
30 (e) Penalty.--An issuing agent violating any provision of
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1 this section or the rules and regulations of the commission
2 commits a summary offense of the second degree and, in addition,
3 may have his agency recalled in the discretion of the
4 commission.
5 § 5308. Period of registration.
6 Registrations issued under this [chapter] subchapter to
7 owners and dealers shall be valid from April 1 of one year to
8 March 31 of the succeeding year and shall be renewable. A
9 registration for any year shall be valid and may properly be
10 displayed prior to April 1 within that year. The commission may
11 determine to issue registrations valid for a period not to
12 exceed three years upon payment of a fee equal to the annual
13 registration fee times the number of years for which the
14 multiple-year registration is valid. A multiple-year
15 registration shall be valid from April 1 of the year of its
16 issuance until March 31 of the last year of its validity, but a
17 multiple-year license issued prior to April 1 of any year is
18 valid and may be displayed at any time within that year. The
19 commission may, by regulation, provide for the transfer of
20 multiple-year registrations upon the sale or conveyance of a
21 boat upon payment of the fee provided in section 5104(8)
22 (relating to fees).
23 § 5312. Transfer, destruction or abandonment of boat.
24 The owner of a boat registered in this Commonwealth pursuant
25 to this [chapter] subchapter or by the Federal Government shall
26 furnish the commission notice of the transfer of all or any part
27 of his interest, other than the creation of a security interest,
28 in a boat or of the destruction or abandonment of the boat
29 within 15 days from the transfer, destruction or abandonment.
30 The transfer, destruction or abandonment shall terminate the
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1 certificate of registration for the boat except in the case of a
2 transfer of a part interest which does not affect the right of
3 the owner to operate the boat.
4 § 5313. Records open to public.
5 All records relating to registration or numbering made or
6 kept pursuant to this [chapter] subchapter shall be public
7 records.
8 Section 3. Chapter 53 of Title 30 is amended by adding a
9 subchapter to read:
10 SUBCHAPTER B
11 CERTIFICATE OF TITLE
12 Sec.
13 5321. Certificate of title required.
14 5322. When certificate of title not required.
15 5323. Content and effect of certificate of title.
16 5324. Refusing issuance of certificate of title.
17 5325. Rules and regulations.
18 5326. Offenses related to titling.
19 5327. Fees.
20 5328. Implementation.
21 § 5321. Certificate of title required.
22 (a) General rule.--Except as provided in section 5322
23 (relating to when certificate of title not required), every
24 owner of a boat required to be registered in this Commonwealth
25 shall apply to the commission for a certificate of title to the
26 boat.
27 (b) Registration without certification prohibited.--The
28 commission shall not register or renew registration of a boat
29 required to be titled under subsection (a) unless a certificate
30 has been issued by the commission or an application for a
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1 certificate has been delivered by the new owner to the
2 commission.
3 (c) Penalty.--Failure to obtain a certificate of title as
4 required by law is a summary offense of the second degree.
5 § 5322. When certificate of title not required.
6 (a) General rule.--Except as otherwise provided in
7 subsection (b), no certificate of title shall be required for:
8 (1) A boat which is not required to be registered under
9 Subchapter A (relating to registration).
10 (2) A new boat which is owned by a manufacturer or
11 registered boat dealer before and until sale.
12 (3) A boat owned on the effective date of this
13 subchapter, until the boat is sold or otherwise transferred
14 to another owner.
15 (b) Limitations.--The exemptions set forth in subsection (a)
16 shall not apply to any boat previously titled in Pennsylvania or
17 any other state, provided that the owner of a boat titled in
18 another state shall not be required to obtain a Pennsylvania
19 title for such boat until it is registered in Pennsylvania or
20 until its ownership is transferred to another person.
21 § 5323. Content and effect of certificate of title.
22 (a) Identification and encumbrances.--A certificate of title
23 shall contain such description and other evidence of
24 identification of the boat for which it was issued as the
25 commission may deem necessary, together with a statement of any
26 liens or encumbrances, including the names and addresses of the
27 holder or holders of the liens and encumbrances.
28 (b) Certificate as evidence and notice.--A certificate of
29 title issued by the commission is prima facie evidence of the
30 facts appearing on the certificate. The certificate shall be
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1 adequate notice to the Commonwealth, creditors, subsequent
2 lienholders and purchasers that a lien against the boat exists.
3 § 5324. Refusing issuance of certificate of title.
4 The commission may refuse issuance of a certificate of title
5 when it has reasonable grounds to believe:
6 (1) A required fee has not been paid.
7 (2) Taxes payable under the laws of this Commonwealth on
8 or in conjunction with or resulting from acquisition or use
9 of the boat have not been paid.
10 (3) The applicant is not the owner of the boat.
11 (4) The application contains false or fraudulent
12 statements.
13 (5) The applicant has failed to furnish required
14 information or documents or any additional information the
15 commission reasonably requires.
16 § 5325. Rules and regulations.
17 (a) General rule.--The commission shall, within one year of
18 the date of enactment of this subchapter, promulgate the rules
19 and regulations necessary to carry out the provisions of this
20 subchapter, including regulations pertaining to, but not limited
21 to:
22 (1) Application procedure for certificates of title.
23 (2) Contents of applications.
24 (3) Boats brought into this Commonwealth from outside of
25 this Commonwealth.
26 (4) Boats purchased from dealers.
27 (5) Boats sold or transferred privately.
28 (6) Specially constructed or reconstructed boats.
29 (7) Delivery of certificate of title.
30 (8) Duplicate or replacement titles.
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1 (9) Transfer of ownership of boats.
2 (10) Transfer to or from manufacturer or dealer.
3 (11) Repossession of boats.
4 (12) Boats which are junked, destroyed, lost, stolen or
5 abandoned.
6 (13) Voluntary titling of boats by owners prior to sale
7 or transfer.
8 (14) Suspension or cancellation of certificate of title.
9 (15) Creation and perfection of security interests in
10 boats.
11 (16) Assignments of security interests.
12 (17) Satisfaction of security interests.
13 (18) Recordkeeping, documentation and information
14 verification regarding boats.
15 (b) Penalties.--Any person who violates a rule or regulation
16 promulgated under this section commits a summary offense of the
17 second degree.
18 § 5326. Offenses relating to titling.
19 (a) Prohibited acts.--The following acts are prohibited:
20 (1) Operating a boat in this Commonwealth for which a
21 certificate of title is required without having obtained the
22 certificate of title for the boat.
23 (2) Selling, transferring or otherwise disposing of a
24 boat without delivering to the purchaser or transferee a
25 certificate of title, or a manufacturer's or importer's
26 certificate, assigned to the purchaser or transferee as
27 required by this subchapter.
28 (3) Failing to surrender to the commission any
29 certificate of title upon cancellation of the same by the
30 commission for any valid reason set forth in this subchapter
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1 or regulations adopted under this subchapter.
2 (4) Altering or forging any certificate of title to a
3 boat or any assignment thereof or any cancellation of any
4 lien on a boat.
5 (5) Altering, forging or counterfeiting any certificate
6 of title or a manufacturer's or importer's certificate to a
7 boat.
8 (6) Altering or falsifying any assignment of a
9 certificate of title or an assignment or cancellation of a
10 security interest on a certificate of title of a boat.
11 (7) Holding or using a certificate of title to a boat,
12 or holding or using any assignment or cancellation of a
13 security interest on a certificate of title to a boat,
14 knowing it to have been altered, forged, counterfeited or
15 falsified.
16 (8) Using a false or fictitious name or address, making
17 any material false statement or concealing any material fact
18 in any application for a certificate of title or in a bill of
19 sale or sworn statement of ownership.
20 (9) Procuring or attempting to procure a certificate of
21 title to a boat, or passing or attempting to pass a
22 certificate of title or any assignment thereof to a boat,
23 knowing or having reason to believe that the boat has been
24 stolen.
25 (10) Possessing, buying, receiving, selling or offering
26 to sell or otherwise disposing of a boat on which the
27 manufacturer's or assigned hull identification number has
28 been destroyed, removed, covered, altered or defaced, knowing
29 of such destruction, removal, covering, alteration or
30 defacement of the manufacturer's or assigned hull
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1 identification number.
2 (11) Destroying, removing, covering, altering or
3 defacing the manufacturer's assigned hull identification
4 number on any boat.
5 (12) Possessing, buying, selling, exchanging or giving
6 away, or offering to buy, sell, exchange or give away, the
7 certificate of title to any boat which is junked or salvaged.
8 (13) Knowingly obtaining goods, services, credit or
9 money by means of a certificate of title to a boat, which
10 certificate is required by law to be surrendered to the
11 commission.
12 (b) Penalties.--A person who violates subsection (a)(1)
13 through (3) commits a summary offense of the second degree. A
14 person who violates subsection (a)(4) through (13) commits a
15 misdemeanor of the third degree.
16 § 5327. Fees.
17 The following fees shall be due:
18 (1) The fee for issuance of a certificate of title shall
19 be $15.
20 (2) The fee for a duplicate certificate of title shall
21 be $5.
22 (3) The fee for recording or changing the amount of
23 security interest on a certificate of title shall be $5.
24 (4) The fee for copies of or information relating to a
25 title or security interest shall be $5.
26 (5) The fee for issuing or providing copies of any other
27 official document issued under the authority of this chapter
28 shall be $5.
29 § 5328. Implementation.
30 The commission shall issue certificates of title as provided
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1 for in this subchapter on and after the effective date of the
2 regulations promulgated under the authority of section 5325
3 (relating to rules and regulations).
4 Section 4. This act shall take effect in 60 days.
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