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                                                      PRINTER'S NO. 2469

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1436 Session of 2007


        INTRODUCED BY GERGELY, McGEEHAN, KORTZ, BASTIAN, BELFANTI,
           BENNINGHOFF, BRENNAN, DALEY, EVERETT, FABRIZIO, FRANKEL,
           GEIST, GEORGE, GRUCELA, HARKINS, HELM, HERSHEY, JAMES, KOTIK,
           KULA, LEVDANSKY, MAHONEY, MANN, McILHATTAN, MOYER, MURT,
           PETRONE, PRESTON, PYLE, RAMALEY, REICHLEY, ROHRER, SAINATO,
           SCAVELLO, SOLOBAY, STURLA, WALKO, J. WHITE AND YOUNGBLOOD,
           SEPTEMBER 24, 2007

        REFERRED TO COMMITTEE ON GAME AND FISHERIES, SEPTEMBER 24, 2007

                                     AN ACT

     1  Amending Title 30 (Fish) of the Pennsylvania Consolidated
     2     Statutes, further providing for acknowledgment of guilt and
     3     receipts for payment; providing for a youth fishing license;
     4     and further providing for exemptions from license
     5     requirements and for license, permit and issuing agent fees.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 925(d) of Title 30 of the Pennsylvania
     9  Consolidated Statutes is amended to read:
    10  § 925.  Acknowledgment of guilt and receipts for payment.
    11     * * *
    12     (d)  Limitations on acknowledgments of guilt.--[On and after
    13  December 31, 1999,] Except as otherwise provided in this
    14  subsection, acknowledgments of guilt pursuant to this section
    15  shall be used only in such counties as the commission may
    16  designate by regulation for such use upon a finding that the
    17  county has summary offense procedures that differ from those

     1  used in other counties. The limitations of this subsection do
     2  not apply to acknowledgments of guilt for violations of section
     3  2702.2 (relating to youth fishing license).
     4     Section 2.  Title 30 is amended by adding a section to read:
     5  § 2702.2.  Youth fishing license.
     6     (a)  General rule.--No person 12 through 15 years of age
     7  shall fish in any of the waters of this Commonwealth, excluding
     8  boundary waters except for Lake Erie and Presque Isle Bay,
     9  without first procuring a youth fishing license. Any person 12
    10  through 15 years of age is eligible for a youth fishing license
    11  when the person has applied to an issuing agent within this
    12  Commonwealth or to the commission and has paid the issuing agent
    13  or the commission a license fee as set forth in section 2715
    14  (relating to license, permit and issuing agent fees). Holders of
    15  youth fishing licenses shall not be required to obtain special
    16  permits, including trout/salmon permits to fish for trout or
    17  salmon or special permits to fish in Lake Erie and its
    18  tributaries.
    19     (b)  Purposes.--
    20         (1)  The commission shall separately account for the
    21     proceeds from the sale of youth fishing licenses and shall
    22     use those proceeds for programs benefiting youth anglers.
    23         (2)  No later than March 1 of each year, the commission,
    24     through its executive director, shall submit an annual
    25     written report to the Game and Fisheries Committee of the
    26     Senate and the Game and Fisheries Committee of the House of
    27     Representatives which shall include information on youth
    28     fishing license proceeds, disbursements and expenditures of
    29     the proceeds and significant accomplishments of the programs
    30     and services supported by the proceeds for the preceding
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     1     year.
     2     (c)  Possession and display.--
     3         (1)  The license shall be kept about the person while
     4     fishing and shall be shown upon the request of any waterways
     5     conservation officer or other officer designated by the
     6     commission.
     7         (2)  The commission may promulgate rules and regulations
     8     for the displaying of the license certificate, license button
     9     or other device, as it deems necessary.
    10     (d)  No fee licenses.--The commission may issue youth fishing
    11  licenses without a fee and in such form as the commission may
    12  determine. The commission may issue a no fee license to any
    13  person 12 through 15 years of age who meets the eligibility
    14  requirements established by the executive director.
    15     (e)  Penalties.--Any person who violates this section commits
    16  a summary offense of the fourth degree.
    17     (f)  Expiration.--The provisions of this section shall expire
    18  December 31, 2014.
    19     Section 3.  Section 2709(e) of Title 30 is amended to read:
    20  § 2709.  Exemptions from license requirements.
    21     * * *
    22     (e)  [Students participating in biological field project.--A
    23  student enrolled in a secondary or undergraduate course of
    24  instruction shall not be required to possess a fishing license
    25  to gather specimens while participating in an educationally
    26  sponsored biological field project that is under the direct
    27  supervision of a high school or accredited institution of
    28  postsecondary education as long as the educational institution
    29  has applied for and received the written permission of the
    30  commission.] Participants in educational programs.--A
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     1  participant in an educational program shall not be required to
     2  possess a fishing license while participating in the educational
     3  program provided that the program meets the standards
     4  established by the executive director and is under the direct
     5  supervision of an instructor who possesses a valid fishing
     6  license and the program sponsor has applied for and received the
     7  written permission of the executive director.
     8     * * *
     9     Section 4.  Section 2715(b) of Title 30 is amended and
    10  subsection (a) is amended by adding a paragraph to read:
    11  § 2715.  License, permit and issuing agent fees.
    12     (a)  License fees.--The following fees apply to fishing
    13  licenses issued under this chapter and shall be paid into the
    14  Fish Fund:
    15         * * *
    16         (6.3)  Youth Fishing License, $5.
    17         * * *
    18     (b)  Issuing agent fees.--[The] Except as otherwise provided
    19  in this subsection, the issuing agent fee to be retained by the
    20  issuing agent as provided in section 2711 (relating to issuing
    21  agents) for fishing licenses and permits shall be $1. Issuing
    22  agents shall not collect and retain an issuing agent fee for the
    23  issuance of youth fishing licenses under section 2702.2
    24  (relating to youth fishing license).
    25     Section 5.  This act shall take effect in 60 days.




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