act-2000-0-115•Pennsylvania Act 2000-115 — FISH AND BOAT CODE (30 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 2000-115 — FISH AND BOAT CODE (30 PA.C.S.) - OMNIBUS AMENDMENTS
act-2000-0-1152000 Pa. Act 115Law
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
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