Pennsylvania Act 2000-115 — FISH AND BOAT CODE (30 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

FISH AND BOAT CODE (30 PA.C.S.) - OMNIBUS AMENDMENTS
                 Act of Dec. 20, 2000, P.L. 828, No. 115              Cl. 30
                             Session of 2000
                               No. 2000-115

     SB 1117

                                  AN ACT

     Amending Title 30 (Fish) of the Pennsylvania Consolidated
        Statutes, further providing for waterways patrolmen and
        employees, for assistant executive directors , for deputy
        waterways conservation officers and for the use of property;
        clarifying provisions for repeat offenders; exempting certain
        military personnel from license requirements; further
        providing for issuing agents; and requiring a study of the
        financial feasibility of providing certain free fishing
        licenses.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 303(a), 304(a) and 305(b) of Title 30 of
     the Pennsylvania Consolidated Statutes are amended to read:
      § 303.  Assistant executive directors.
        (a)  Appointment and compensation.--The executive director,
     with the approval of the commission, may, in accordance with law
     and the classification and compensation plans of the
     Commonwealth as established by the Executive Board, appoint and
     fix the compensation of two assistant executive directors, one
     of whom shall be in charge of and responsible for watercraft
     safety and the other of whom shall be in charge of and
     responsible for fisheries and engineering.
        * * *
      § 304.  Waterways patrolmen and employees.
        (a)  Appointment and compensation.--The executive director,
     with the approval of the commission, shall, in accordance with
     law and the classification and compensation plans of the
     Commonwealth as established by the Executive Board, appoint and
     fix the compensation of such number of waterways patrolmen and
     other employees as the commission deems necessary to enforce and
     carry out the provisions of this title and perform the functions
     and work of the commission.
        * * *
      § 305.  Deputy waterways conservation officers.
        * * *
        (b)  Compensation.--Deputy waterways conservation officers
     shall not be entitled to any salary, compensation or expenses
     for their services from the Commonwealth, unless detailed in
     writing for duty by the executive director of the commission, in
     which case they shall receive compensation and/or reasonable
     expenses in accordance with a Statewide pay scale and standards
     as established by the Executive Board. Only such duties or
     assignments as are approved in advance by the executive director
     or his designee shall be eligible for compensation and/or
     reasonable expenses. When acting within the scope of their
     official duties, deputy waterways conservation officers shall be
     authorized to operate Commonwealth vehicles and watercraft and
     shall be treated as employees of the Commonwealth for the
     purposes of automotive and general liability and the act of June
     2, 1915 (P.L.736, No.338), known as the Workers' Compensation
     Act.
        * * *
        Section 2.  Section 742 of Title 30 is amended by adding a
     subsection to read:
      § 742.  Use of property.
        * * *
        (e)  Use of commission lakes and access areas by unpowered
     boats.--The commission shall, by regulations adopted within one
     year after the effective date of this section, provide for
     issuance of use permits valid for one or two years for unpowered
     boats, which are not registered in accordance with law, to use
     commission property. On and after the effective date of the
     regulations promulgated hereunder by the commission, the owner
     of an unpowered boat that uses commission property shall have
     the option of registering the boat or purchasing a use permit
     issued under the authority of this section. The commission shall
     establish fees for use permits issued under this section, which
     fees shall not exceed the fees charged by the Department of
     Conservation and Natural Resources for boat launch permits for
     State parks lakes. The commission shall, in cooperation with the
     department, provide for reciprocal or joint use/launch permits
     for unpowered boats to use both commission and State parks lakes
     and access areas.
        Section 3.  Section 923(d) of Title 30 is amended to read:
      § 923.  Classification of offenses and penalties.
        * * *
        (d)  Repeat offenders.--A person who is convicted or
     acknowledges guilt of a second or subsequent violation of this
     title or the regulations promulgated under this title within 12
     months of a prior offense under this title shall be sentenced as
     a repeat offender. An extract from commission records maintained
     in the ordinary course of business showing that the person was
     convicted or acknowledged guilt of two or more offenses under
     this title on separate occasions within a 12-month period shall
     be prima facie evidence that the person is a repeat offender. In
     addition to the fine set forth in subsection (a)[(2)], a repeat
     offender may be sentenced to pay an additional fine as follows:
            (1)  $200 if all the offenses committed within the 12-
        month period were classified as summary offenses under this
        title.
            (2)  $1,000 if any of the offenses committed within the
        12-month period were classified as misdemeanors of the third
        degree and none were classified as misdemeanors of the first
        or second degree or felonies.
            (3)  $2,500 if any of the offenses committed within the
        12-month period were classified as misdemeanors of the first
        or second degree or felonies.
        * * *
        Section 4.  Section 2709 of Title 30 is amended by adding a
     subsection to read:
      § 2709.  Exemptions from license requirements.
        * * *
        (f)  Military personnel.--
            (1)  The provisions of this chapter shall not apply to
        persons who satisfy all of the following:
                (i)  Are residents of this Commonwealth.
                (ii)  Are on active and full-time duty in the United
            States Armed Forces.
                (iii)  Are assigned to a facility outside this
            Commonwealth.
                (iv)  Are on temporary leave in this Commonwealth.
                (v)  Have on their person while fishing evidence of
            Commonwealth residency, proof of their assignment to a
            facility outside this Commonwealth and a copy of their
            orders assigning them to temporary leave.
            (2)  Such persons shall comply with the regulations of
        the commission.
        Section 5.  Section 5304(d.1) of Title 30 is amended to read:
      § 5304.  Issuing agents.
        * * *
        (d.1)  Rules and regulations.--The commission may promulgate
     such rules and regulations to control and supervise the issuance
     and transfer of boat registrations by issuing agents as it deems
     necessary. The commission may establish administrative fees for
     [fishing license] boat registration issuing agents. County
     treasurers shall be exempt from payment of any administrative
     fee established by the commission.
        * * *
        Section 6.  (a)  The Pennsylvania Fish and Boat Commission
     shall assign staff to study the financial feasibility of
     providing a free resident fishing license to permanently
     disabled residents of this Commonwealth.
        (b)  The commission shall issue a report of its findings to
     the Game and Fisheries Committee of the Senate and the Game and
     Fisheries Committee of the House of Representatives within one
     year of the effective date of this act.
        Section 7.  This act shall take effect as follows:
            (1)  The amendment of 30 Pa.C.S. § 2709 shall take effect
        in 60 days.
            (2)  The remainder of this act shall take effect
        immediately.

     APPROVED--The 20th day of December, A. D. 2000.

     THOMAS J. RIDGE