PRINTER'S NO.  1932

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1402

Session of

2012

  

  

INTRODUCED BY ALLOWAY, SOLOBAY, FONTANA, MENSCH, RAFFERTY, YUDICHAK, PIPPY, EICHELBERGER, KASUNIC, BOSCOLA, BRUBAKER, WOZNIAK, BAKER AND BLAKE, JANUARY 31, 2012

  

  

REFERRED TO GAME AND FISHERIES, JANUARY 31, 2012  

  

  

  

AN ACT

  

1

Amending Title 30 (Fish) of the Pennsylvania Consolidated

2

Statutes, further providing for the definition of "fishing,"

3

for organization of commission, for deputy waterways

4

conservation officers, for volunteer program, and for

5

collection fee for uncollectible checks; providing for damage

6

to property; further providing for control of property, for

7

powers and duties of waterways conservation officers and

8

deputies and for enforcement of other laws; providing for

9

unlawful use of computer and for liability for conduct of

10

another and for complicity; further providing for suspension

11

of privileges pending payment of penalties, for misuse of

12

property and waters, for littering, for possession and

13

display of licenses, for lost fishing licenses, for

14

institutional licenses, for exemptions from license

15

requirements, for eel chute licenses, for net permits, for

16

boat and net licenses for boundary lakes, for penalties, for

17

fees, for boating education, for fees, for general boating

18

regulations, for chemical testing to determine amount of

19

alcohol or controlled substance, for issuing agents, for

20

period of registration and for fees; providing for

21

unauthorized operation of boats, for permitting violations

22

and for duties of operators involved in boating accidents;

23

and making editorial changes.

24

The General Assembly of the Commonwealth of Pennsylvania

25

hereby enacts as follows:

26

Section 1.  The definition of "fishing" in section 102 of

27

Title 30 of the Pennsylvania Consolidated Statutes is amended to

28

read:

 


1

§ 102.  Definitions.

2

Subject to additional definitions contained in subsequent

3

provisions of this title which are applicable to specific

4

provisions of this title, the following words and phrases when

5

used in this title shall have, unless the context clearly

6

indicates otherwise, the meanings given to them in this section:

7

* * *

8

"Fishing."  The act of angling, or to catch, take, kill or

9

remove or the attempt to catch, take, kill or remove from any

10

lands within or waters [or other areas] within or bordering on

11

this Commonwealth any fish by any means or method for any

12

purpose whatsoever.

13

* * *

14

Section 2.  Sections 301(a), 305(a) and (b), 327(d)(4) and

15

502 of Title 30 are amended to read:

16

§ 301.  Organization of commission.

17

(a)  Composition.--The Pennsylvania Fish and Boat Commission

18

is continued as an independent administrative commission and

19

shall consist of ten competent citizens of this Commonwealth who

20

shall be appointed by the Governor by and with the advice and

21

consent of [two-thirds] a majority of the members elected to the

22

Senate for terms of eight years and until their successors are

23

appointed and qualified.

24

* * *

25

§ 305.  Deputy waterways conservation officers.

26

(a)  Appointment and training.--The executive director, with

27

the approval of the commission, may appoint deputy waterways

28

conservation officers to act anywhere within this Commonwealth.

29

Newly appointed deputy waterways conservation officers,

30

excluding reappointments, shall attend such training programs as

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1

may be required by the commission, which shall include at a

2

minimum:

3

(1)  Successful completion of training and obtaining a

4

certificate of qualification under the act of October 10,

5

1974 (P.L.705, No.235), known as the Lethal Weapons Training

6

Act, or equivalent training as determined by the executive

7

director, prior to appointment.

8

(2)  Successful completion of not less than 250 hours of

9

law enforcement classroom and on-the-job training.

10

All deputy waterways conservation officers, including

11

reappointments, shall attend all annual in-service training as

12

may be required by the commission. Persons appointed under this

13

section may exercise the powers of their appointments until

14

December 31 of each year unless their appointment is sooner

15

revoked, suspended or withdrawn.

16

(b)  Compensation.--Deputy waterways conservation officers

17

shall not be entitled to any salary, compensation or expenses

18

for their services from the Commonwealth, unless [detailed in

19

writing for duty] authorized by the executive director of the

20

commission, in which case they shall receive compensation and/or

21

reasonable expenses in accordance with a Statewide pay scale and

22

standards as established by the Executive Board. [Only such

23

duties or assignments as are approved in advance by the

24

executive director or his designee shall be eligible for

25

compensation and/or reasonable expenses.] Deputy waterways

26

conservation officers are volunteers. When acting within the

27

scope of their official duties, deputy waterways conservation

28

officers shall be authorized to operate Commonwealth vehicles

29

and watercraft and shall be treated as employees of the

30

Commonwealth for the purposes of automotive and general

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1

liability and the act of June 2, 1915 (P.L.736, No.338), known

2

as the Workers' Compensation Act.

3

* * *

4

§ 327.  Volunteer program.

5

* * *

6

(d)  Status of volunteers.--

7

* * *

8

(4)  No volunteer shall be assigned to any full-time or

9

wage position that is covered by any labor agreement,

10

presently filled, vacant or authorized in the commission.

11

* * *

12

§ 502.  [Collection fee] Service charge for uncollectible

13

checks.

14

Whenever any check or similar instrument issued in payment of

15

any fee, fine or for any other purpose under this title is

16

returned to the commission as uncollectible, the person who

17

makes, issues or presents the check or other instrument shall be

18

charged a [fee of $15] service charge of up to $50, to be

19

credited to the Fish Fund or the Boat Fund, as appropriate, to

20

cover the cost of collection.

21

Section 3.  Title 30 is amended by adding a section to read:

22

§ 703.  Damage to property.

23

It is unlawful to intentionally or recklessly destroy or

24

cause damage to property owned, leased or otherwise controlled

25

by the commission or any improvements thereon. Any person who

26

intentionally causes pecuniary loss in excess of $5,000 commits

27

a felony of the third degree. Any person who intentionally

28

causes pecuniary loss in excess of $1,000 commits a misdemeanor

29

of the second degree. Any person who intentionally or recklessly

30

causes pecuniary loss in excess of $500 commits a misdemeanor of

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1

the third degree. Otherwise destroying or causing damage to

2

commission property or any improvements thereon is a summary

3

offense of the first degree.

4

Section 4.  Sections 741(a) and 901(a)(12), (13) and (16) and

5

902 of Title 30 are amended to read:

6

§ 741.  Control of property.

7

(a)  General rule.--The entire control of all lands or waters

8

owned, leased or otherwise controlled shall be under the sole 

9

direction of the commission and the commission may promulgate

10

such rules and regulations for its use and protection as it

11

deems necessary or in the best interests of the Commonwealth.

12

The acquisition, use and management of such lands or waters

13

owned, leased or otherwise controlled by the commission shall

14

not be subject to regulation by counties or municipalities.

15

* * *

16

§ 901.  Powers and duties of waterways conservation officers and

17

deputies.

18

(a)  Waterways conservation officers.--Every waterways

19

conservation officer shall have the power and duty to:

20

* * *

21

(12)  When [acting within the scope of their employment,

22

to] in the performance of their duties, pursue, apprehend or

23

arrest any individual suspected of violating any provision of

24

Title 18 (relating to crimes and offenses) or any other

25

offense classified as a misdemeanor or felony. They shall

26

also have the power to serve and execute warrants issued by

27

the proper authorities for offenses referred to in this

28

paragraph and to serve subpoenas issued for examination. All

29

powers as provided for in this paragraph will be limited by

30

such administrative procedure as the executive director, with

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1

the approval of the commission, shall prescribe.

2

(13)  Arrange for the administration of chemical tests of

3

breath, blood or urine to persons operating or in actual

4

physical control of watercraft for the purpose of determining

5

the alcoholic content of blood or the presence of a

6

controlled substance under section 5125 (relating to chemical

7

testing to determine amount of alcohol or controlled

8

substance), by qualified personnel of a State or local police

9

department, qualified waterways [patrolmen] conservation

10

officers or qualified personnel of a clinical laboratory

11

licensed and approved by the Department of Health. A

12

waterways [patrolman] conservation officer may administer

13

chemical tests under this paragraph if he is qualified and

14

the executive director designates him to do so.

15

* * *

16

(16)  [Operate a Commonwealth-owned and marked vehicle,

17

permanently or temporarily equipped with a type of flashing

18

or rotating red light or lights or audible device, or both,

19

upon any street or highway within this Commonwealth when

20

performing duties within the scope of employment.] Operate

21

any vehicle owned or leased by the Commonwealth and used for

22

law enforcement purposes, equipped with flashing or rotating

23

lights of such color and combination and audible devices as

24

authorized in the definition of "emergency vehicle" in 75

25

Pa.C.S. § 102 (relating to definitions) upon any street or

26

highway within this Commonwealth in the performance of their

27

duties. Drivers of Commonwealth-owned or Commonwealth-leased

28

vehicles equipped with lights and audible devices as

29

authorized in this subchapter may exercise the privileges and

30

shall be subject to the conditions as set forth in 75 Pa.C.S.

- 6 -

 


1

§ 3105 (relating to drivers of emergency vehicles).

2

* * *

3

§ 902.  Enforcement of other laws.

4

All waterways [patrolmen] conservation officers and deputy

5

waterways [patrolmen] conservation officers are authorized to

6

enforce all the laws of this Commonwealth, and rules and

7

regulations promulgated thereunder, relating to game, parks and

8

forestry, under the direction of the Pennsylvania Game

9

Commission and of the [Department of Environmental Resources]

10

Department of Conservation and Natural Resources, respectively.

11

Section 5.  Title 30 is amended by adding sections to read:

12

§ 910.  Unlawful use of computer.

13

It is unlawful to use a computer, computer network or

14

electronic device with the intent to falsify or forge electronic

15

mail transmissions, electronic transactions or other electronic

16

information in any manner in connection with the purchase of a

17

fishing license, boat registration or other commission-issued

18

license, permit or privilege through or into the computer

19

network of an electronic mail service provider, Internet service

20

provider or computer system of the commission and its agents.

21

Any person violating this section commits a misdemeanor of the

22

second degree.

23

§ 911.  Liability for conduct of another; complicity.

24

(a)  General rule.--A person is guilty of an offense under

25

this title if it is committed by his own conduct or by the

26

conduct of another person for which he is legally accountable,

27

or both.

28

(b)  Conduct of another.--A person is legally accountable for

29

the conduct of another person when:

30

(1)  acting with the kind of culpability that is

- 7 -

 


1

sufficient for the commission of the offense, he causes an

2

innocent or irresponsible person to engage in such conduct;

3

(2)  he is made accountable for the conduct of such other

4

person by this title or by the law defining the offense; or

5

(3)  he is an accomplice of such other person in the

6

commission of the offense.

7

(c)  Accomplice defined.--A person is an accomplice of

8

another person in the commission of an offense if:

9

(1)  with the intent of promoting or facilitating the

10

commission of the offense, he:

11

(i)  solicits such other person to commit it; or

12

(ii)  aids or agrees or attempts to aid such other

13

person in planning or committing it; or

14

(2)  his conduct is expressly declared by law to

15

establish his complicity.

16

(d)  Culpability of accomplice.--When causing a particular

17

result is an element of an offense, an accomplice in the conduct

18

causing such result is an accomplice in the commission of that

19

offense, if he acts with the kind of culpability, if any, with

20

respect to that result that is sufficient for the commission of

21

the offense.

22

(e)  Status of the actor.--In any prosecution for an offense

23

in which criminal liability of the defendant is based upon the

24

conduct of another person under this section, it is no defense

25

that the offense in question, as defined, can be committed only

26

by a particular class or classes or person, and the defendant,

27

not belonging to such class or classes, is for that reason

28

legally incapable of committing the offense in an individual

29

capacity.

30

(f)  Exceptions.--Unless otherwise provided by this title or

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1

by the law defining the offense, a person is not an accomplice

2

in an offense committed by another person if:

3

(1)  he is a victim of that offense;

4

(2)  the offense is so defined that his conduct is

5

inevitably incident to its commission; or

6

(3)  he terminates his complicity prior to the commission

7

of the offense and:

8

(i)  wholly deprives it of effectiveness in the

9

commission of the offense; or

10

(ii)  gives timely warning to the law enforcement

11

authorities or otherwise makes proper efforts to prevent

12

the commission of the offense.

13

(g)  Prosecution of accomplice only.--An accomplice may be

14

convicted on proof of the commission of the offense and of his

15

complicity therein, though the person claimed to have committed

16

the offense has not been prosecuted or convicted or has been

17

convicted of a different offense or degree of offense or has an

18

immunity to prosecution or conviction or has been acquitted.

19

Section 6.  Sections 929, 2501, 2503(c), 2703(a), 2704, 2708,

20

2709(e), 2901, 2902, 2903(b), (c) and (h), 2908, 3102, 5103(i),

21

5104, 5123(b), 5125(b)(2)(ii), 5304(d), 5308 and 5327 of Title

22

30 are amended to read:

23

§ 929.  Suspension of privileges pending payment of penalties.

24

All fishing and boating privileges granted by this title

25

shall automatically be suspended if a defendant fails to respond

26

to a citation or summons within 30 days or fails to pay all

27

penalties in full within 90 days following conviction or a

28

guilty plea.

29

§ 2501.  Misuse of property and waters.

30

(a)  General rule.--It is unlawful for any person to commit

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1

any of the following acts in or along any waters or lands

2

adjacent to or contiguous to waters within or bordering on this

3

Commonwealth:

4

(1)  Park or leave standing any motor vehicle or other

5

means of conveyance in such a manner as to obstruct the owner

6

or his lessee ingress, egress or regress to his property or

7

cattleways without the permission of the owner or lessee of

8

the land.

9

(2)  Drive a motor vehicle, all terrain vehicle or other

10

type of conveyance on or over any lands or waters, including

11

frozen waters, without the permission of the owner or lessee

12

of the land.

13

(3)  Start, build, tend or abandon any open fire without

14

the permission of the owner or lessee of the land.

15

(4)  Dig, cut or disturb in any manner lands, shrubs,

16

trees or other vegetation without the permission of the owner

17

or lessee of the land.

18

(5)  Sever fences or cause any other change or damage to

19

public or private property without the permission of the

20

owner or lessee of the land.

21

(6)  Run any vehicle, except fording in the most direct

22

manner, in any stream.

23

(7)  Refuse to identify himself upon request to the owner

24

or the lessee of the land or waters upon which he is present.

25

(8)  While in the act of fishing, fish in a water area or

26

enter a riparian area clearly marked and posted by the

27

commission as a no fishing zone.

28

(b)  Penalty.--

29

(1)  Except as provided in paragraph (2), any person

30

violating any of the provisions of this section commits a

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1

summary offense of the second degree.

2

(2)  Any person who violates subsection (a)(1), (3) [or], 

3

(7) or (8) commits a summary offense of the third degree.

4

(3)  Any person convicted of violations under paragraph

5

(1) or (2) may, in addition to any penalty imposed, have his

6

fishing license revoked for a period of one year.

7

§ 2503.  Littering.

8

* * *

9

(c)  Penalty.--Any person who deposits or otherwise disposes

10

of a thing or substance in violation of this section which

11

causes or may cause damage to, or destruction of, fish commits a

12

summary offense of the first degree. Any person who transports

13

household refuse or garbage from another location and disposes

14

of it by leaving it on lands or waters open to fishing or

15

boating commits a summary offense of the second degree. Any

16

person who otherwise violates this section commits a summary

17

offense of the third degree. In addition to the penalties set

18

forth in section 923 (relating to classification of offenses and

19

penalties), an additional penalty of [$10] not less than $20 nor

20

more than $50 for each item or piece of litter thrown,

21

discarded, left, emitted or deposited in violation of this

22

section may be imposed on any person who is convicted or

23

acknowledges guilt of a violation of this section.

24

§ 2703.  Possession and display of licenses.

25

(a)  General rule.--No person 16 years of age or older shall

26

fish in any of the waters of this Commonwealth [or], in any

27

boundary waters or on land without first procuring the proper

28

license required by this chapter. The license shall be kept

29

about the person while fishing and shown upon the request of any

30

waterways conservation officer or other officer designated by

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1

the commission. In addition to showing the license to the

2

officer, the holder thereof shall, upon demand, establish his

3

further identity to the satisfaction of the officer by producing

4

some other positive means of identification. The commission may

5

promulgate rules and regulations for the displaying of the

6

license certificate, license button or other device, as it deems

7

necessary.

8

* * *

9

§ 2704.  Lost fishing licenses.

10

In case a license certificate is lost or [detroyed]

11

destroyed, a new license may be secured from the commission or

12

any issuing agent [upon making affidavit to that effect and] by 

13

paying the replacement license fee and issuing agent fee set

14

forth in section 2715 (relating to license and issuing fees).

15

§ 2708.  Institutional licenses.

16

Any resident of this Commonwealth who is a resident patient

17

in a Commonwealth owned [and supported institution for mental

18

disability, geriatric center, tubercular hospital] or supported

19

medical or rehabilitation institution or county home or

20

hospital, [or any veteran who is] is a veteran and a patient in

21

a United States Government Veterans' Administration Hospital or

22

in a State veterans' home, or [who] is a juvenile of a State

23

youth development center or forestry camp, and who may benefit

24

from recreational fishing during the course of treatment,

25

rehabilitation or hospitalization [may be issued a resident

26

fishing license without paying a license fee] is eligible for

27

inclusion on an institutional fishing license issued by the

28

commission to a qualifying institution at no cost. [Licenses

29

authorized by this section may be issued by the superintendent

30

or chief medical officer of the institution who shall sign an

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1

affidavit certifying that recreational fishing may be of benefit

2

to the rehabilitation of the patient and that the patient is an

3

inpatient of the institution. The affidavits, and records of the

4

number and to whom the licenses were issued, shall be forwarded

5

to the commission on such forms as the commission shall

6

provide.] The commission shall establish policies and procedures

7

for the issuance of institutional licenses. The commission may

8

revoke license issuing privileges of any institution for failure

9

to comply with any provisions of this chapter [or], the 

10

regulations promulgated thereunder and the policies and

11

procedures established hereunder.

12

§ 2709.  Exemptions from license requirements.

13

* * *

14

(e)  [Students participating in biological field project.--A

15

student enrolled in a secondary or undergraduate course of

16

instruction shall not be required to possess a fishing license

17

to gather specimens while participating in an educationally

18

sponsored biological field project that is under the direct

19

supervision of a high school or accredited institution of

20

postsecondary education as long as the educational institution

21

has applied for and received the written permission of the

22

commission.] Participants in educational programs.--A

23

participant in an educational program shall not be required to

24

possess a fishing license while participating in the educational

25

program provided that the program meets the standards

26

established by the executive director and is under the direct

27

supervision of an instructor who possesses a valid fishing

28

license and the program sponsor has applied for and received the

29

written permission of the executive director.

30

* * *

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1

[§ 2901.  Eel chute licenses.

2

Upon application by any person to the commission for a

3

special license to catch eel by the use and operation of eel

4

chutes and the payment of a fee of $25, the applicant shall be

5

entitled to a special eel chute license which shall give him the

6

right to use and operate an eel chute:

7

(1)  In the Susquehanna River below the boundary line of

8

the City of Pittston and Duryea Borough line on the north

9

branch and below the bridge at the Northumberland-Lycoming

10

County line on the west branch.

11

(2)  Below Mount Union in the Juniata River.

12

(3)  In the Delaware River.]

13

§ 2902.  Net permits.

14

The commission may issue permits to [make, sell or] use or 

15

possess nets larger than four feet square or four feet in

16

diameter, or any other seine, trawl or gill net in or along

17

waters of this Commonwealth. The permits when issued shall

18

specify when and where the nets shall be used and for what

19

purposes by the owner or the persons in possession [thereof at a

20

fee of $10] of the nets. The fee for a net permit shall be $15.

21

§ 2903.  Boat and net licenses for boundary lakes.

22

* * *

23

(b)  Issuance and fees.--The commission may issue a

24

commercial fishing license to a person who has signed and

25

submitted his application and paid a fee as follows:

26

[(5)  Boats less than 60 feet in length used in fishing

27

with a trawl net: residents, $200; nonresidents, $400.

28

(6)] (1)  Trap nets: residents, $80; nonresidents, $160.

29

[(7)] (2)  Seines: residents, $50; nonresidents, $100.

30

[(8)  Outlines: residents, $10; plus valid fishing

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1

license; nonresidents, $20 plus valid fishing license.]

2

(c)  Carrying and display.--The licenses shall be carried by

3

the operator of any boat, net or device so licensed and by each

4

person employed on the boat and shall be shown on demand to any

5

waterways [patrolman] conservation officer or other authorized

6

representative of the commission.

7

* * *

8

(h)  Gill nets.--

9

[(1)  On and after January 1, 1996, the] The use of gill

10

nets for fishing on boundary lakes shall be prohibited.

11

[(2)  The commission shall establish a gill net licensee

12

recompense program whereby persons holding 1992 licenses to

13

use gill nets on boundary lakes shall be recompensed as

14

provided in this paragraph. The amount of the payment to each

15

licensee shall be based on the average of the licensee's two

16

highest years of catches taken with gill nets for the years

17

1990, 1991, 1992, 1993 and 1994. The payment shall be the

18

product of such average catch multiplied by the average value

19

received for such catch as reported to the commission.]

20

§ 2908.  Penalties.

21

(a)  General rule.--Except as otherwise provided in this

22

chapter, a person engaging in any activity for which a permit or

23

special license is required under this chapter without acquiring

24

the license or permit commits a summary offense of the second

25

degree. [A] Except as otherwise provided in this chapter, a 

26

person who violates any other provision of this chapter or the 

27

regulations promulgated thereunder commits a summary offense of

28

the third degree.

29

(b)  Boundary lakes.--A person engaged in any activity for

30

which a permit or special license under section 2903 (relating

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1

to boat and net licenses for boundary lakes) is required without

2

obtaining such license or permit or who violates any provision

3

of section 2903 or the regulations promulgated thereunder

4

concerning seasons, size limits, total allowable catch, trap

5

nets and landing of catch commits a misdemeanor of the third

6

degree. A person who violates any other regulation promulgated

7

under section 2903 commits a summary offense of the first

8

degree.

9

§ 3102.  Fees.

10

(a)  Class A lakes.--The annual license fee for a Class A

11

regulated fishing lake (except [portable trout] temporary 

12

fishing ponds operated as regulated fishing lakes) shall be

13

based on the total area of fishing water on the premises to be

14

licensed, whether the area consists of one body of water or more

15

than one.

16

(1)  Where the total area of water is less than 20 acres,

17

the fee shall be $100.

18

(2)  Where the total water area is 20 acres or more but

19

less than 40 acres, the fee shall be $250.

20

(3)  Where the area is 40 acres or more, the fee shall be

21

$500.

22

(b)  Class B lakes.--The annual license fee for a Class B

23

regulated fishing lake (except [portable trout] temporary 

24

fishing ponds operated as regulated fishing lakes) shall be

25

based on the total area of fishing water on the premises to be

26

licensed, whether the area consists of one body of water or more

27

than one.

28

(1)  Where the total area of water is less than 30 acres,

29

the fee shall be $50.

30

(2)  Where the total area of water is 30 acres or more,

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1

the fee shall be $100.

2

(c)  [Portable] Temporary fishing ponds.--

3

(1)  [The] Except as otherwise provided in paragraph (3),

4

the annual license fee for a [portable trout] temporary 

5

fishing pond which the operator seeks to operate as a Class A

6

regulated fishing lake shall be $200.

7

(2)  The annual license fee for a [portable trout]

8

temporary fishing pond which the operator seeks to operate as

9

a Class B regulated fishing lake shall be $50.

10

(3)  The annual license fee for a temporary fishing pond

11

which is operated as a Class A regulated fishing lake

12

exclusively by or on behalf of a nonprofit sportsmen's,

13

conservation or charitable organization shall be $25.

14

§ 5103.  Boating education.

15

* * *

16

(i)  Other valid documentation.--

17

(1)  In lieu of a certificate of boating safety education

18

issued by the Commonwealth, a certificate of boating safety

19

education issued [in] to a resident of another state in

20

accordance with criteria of the National Association of State

21

Boating Law Administrators is sufficient to comply with the

22

requirements of this section.

23

(2)  In lieu of a certificate of boating safety education

24

issued by the commission, a license issued by the United

25

States Coast Guard is sufficient to comply with the

26

requirements of this section.

27

* * *

28

§ 5104.  Fees.

29

(a)  General rule.--The following fees apply to

30

registrations, licenses, permits and capacity plates and

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1

certificates issued under this part and the fees collected shall

2

be deposited in the State Treasury in the Boat Fund:

3

(1)  Owner registration (motorboats less than 16 feet in

4

length), $13 per year.

5

(2)  Owner registration (motorboats 16 feet to less than

6

20 feet), $19.50 per year.

7

(2.1)  Owner registration (motorboats 20 feet or longer),

8

$26 per year.

9

(2.2)  Owner registration (boats not equipped with

10

motors), $9 per year or as fixed under subsection (b).

11

(3)  Duplicate owner registration, $3 each.

12

(4)  Dealer registration, $15 each per year.

13

(5)  Commercial passenger boat registration, [$25] $50 

14

each.

15

(6)  License for operator of passenger-carrying boat,

16

[$5] $25 each.

17

(7)  Capacity plate, $5 each.

18

(8)  Transfer of a multi-year boat registration, $5.

19

(9)  Permit for floating structure and private aids to

20

navigation, [$10] $25 each.

21

(10)  Boating safety education certificate, $10.

22

(11)  Replacement boating safety education certificate,

23

$5.

24

(12)  Inspection of passenger-carrying boat less than 30

25

feet in length, $45.

26

(13)  Inspection of passenger-carrying boat 30 feet to 50

27

feet in length, $75.

28

(14)  Inspection of passenger-carrying boat over 50 feet

29

in length, $105.

30

(b)  Fee adjustment for nonpowered boats.--The fee for owner

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1

registration for boats not equipped with motors specified in

2

subsection (a)(2.2) shall be adjusted from time to time to

3

remain equal to the fees charged by the Department of

4

Conservation and Natural Resources for boat launch permits for

5

State park lakes.

6

§ 5123.  General boating regulations.

7

* * *

8

(b)  Penalties.--Any person who violates a rule or regulation

9

promulgated under this section which the commission designates

10

as being for the protection of the health and safety of persons

11

as provided by subsection (a)(1) commits a summary offense of

12

the second degree. Any person who violates any other regulation

13

promulgated under this section commits a summary offense of the

14

third degree. In addition to any other penalty, any person who

15

is convicted or acknowledges guilt for an offense of possessing

16

insufficient, nonapproved or unserviceable safety equipment on a

17

boat, or for passengers, or persons being towed by a boat on the

18

waters of this Commonwealth may be fined an additional [$20]

19

penalty of not less than $20 nor more than $50 for every piece

20

of safety equipment required that is missing, not worn when

21

required, not of an approved type or unserviceable.

22

§ 5125.  Chemical testing to determine amount of alcohol or

23

controlled substance.

24

* * *

25

(b)  Suspension for refusal.--

26

* * *

27

(2)  It is the duty of the waterways conservation officer

28

to inform the person that:

29

* * *

30

(ii)  if the person refuses to submit to chemical

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1

testing, upon conviction or plea for violating section

2

5502(a)(1), the person will be subject to the penalties

3

provided in section [5502(c)(3)] 5502(c.1)(3).

4

* * *

5

§ 5304.  Issuing agents.

6

* * *

7

(d)  Disposition of moneys.--Every issuing agent shall

8

forward all moneys collected, along with all appropriate forms,

9

to the commission within [ten] five days after receipt of each

10

and every registration. Delinquent agents are subject to a

11

penalty of 10% per month or portion of a month on any

12

outstanding balance of registration money due the commission

13

which is not paid when due, which penalty shall be compounded

14

monthly. The commission may recall the agency of any issuing

15

agent after a delinquency period of 30 days.

16

* * *

17

§ 5308.  Period of registration.

18

Registrations issued under this subchapter to owners and

19

dealers shall be valid from April 1 of one year to March 31 of

20

the succeeding year and shall be renewable. A registration for

21

any year shall be valid and may properly be displayed prior to

22

April 1 within that year. The commission may determine to issue

23

registrations valid for a period not to exceed three years upon

24

payment of a fee equal to the annual registration fee times the

25

number of years for which the multiple-year registration is

26

valid. A multiple-year registration shall be valid from April 1

27

of the year of its issuance until March 31 of the last year of

28

its validity, but a multiple-year [license] registration issued

29

prior to April 1 of any year is valid and may be displayed at

30

any time within that year. The commission may, by regulation,

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1

provide for the transfer of multiple-year registrations upon the

2

sale or conveyance of a boat upon payment of the fee provided in

3

section 5104(8) (relating to fees).

4

§ 5327.  Fees.

5

The following fees shall be due:

6

(1)  The fee for issuance of a certificate of title shall

7

be [$15] $22.50.

8

(2)  The fee for a duplicate certificate of title shall

9

be [$5] $22.50.

10

(3)  The fee for recording or changing the amount of

11

security interest on a certificate of title shall be $5.

12

(4)  The fee for copies of or information relating to a

13

title or security interest shall be $5.

14

(5)  The fee for issuing or providing copies of any other

15

official document issued under the authority of this chapter

16

shall be $5.

17

(6)  The fee for continuing the effectiveness of

18

perfection of a security interest shall be $5.

19

Section 7.  Title 30 is amended by adding sections to read:

20

§ 5505.  Unauthorized operation of boats.

21

(a)  Consent required.--It is unlawful for a person to

22

operate the boat of another without the consent of the owner.

23

(b)  Defense.--It is a defense to prosecution under this

24

section that the operator reasonably believed that the owner

25

would have consented to the operation had the owner known of it.

26

(c)  Penalty.--Any person violating this section commits a

27

summary offense of the first degree.

28

§ 5506.  Permitting violations.

29

(a)  Offense.--It is unlawful for a person to authorize or

30

knowingly permit a boat owned by him or under his control to be

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1

operated in violation of any of the provisions of this title.

2

(b)  Penalty.--Any person violating this section commits a

3

summary offense of the first degree. If the operator of the boat

4

is convicted under section 5502 (relating to operating

5

watercraft under influence of alcohol or controlled substance),

6

5502.1 (relating to homicide by watercraft while operating under

7

influence) or 5502.2 (relating to homicide by watercraft), the

8

person violating this section shall also be subject to

9

revocation under section 928 (relating to revocation, suspension

10

or denial of license, permit or registration).

11

§ 5507.  Duties of operators involved in boating accidents.

12

(a)  General rule.--The operator of a watercraft involved in

13

an accident shall immediately stop the watercraft at the scene

14

of the accident or as close thereto as possible. Every stop

15

shall be made without obstructing the safe navigation of other

16

watercraft more than is necessary.

17

(b)  Duty to give information.--The operator of a watercraft

18

involved in an accident resulting in injury to or death of a

19

person or damage to property shall give his name, address and

20

the registration number of his watercraft to an officer

21

authorized to enforce this title, the operator or occupants of

22

any other watercraft involved in the accident and a person who

23

owns or is in control of any property damaged in the accident.

24

(c)  Duty to render aid.--The operator of a watercraft

25

involved in an accident involving injury or death shall render

26

reasonable assistance to a person injured in the accident if the

27

operator can reasonably do so without endangering persons or

28

property.

29

(d)  Duty to remain at or near scene.--The operator of a

30

watercraft involved in a watercraft accident involving injury to

- 22 -

 


1

or death of a person or damage to property other than the

2

operator's watercraft or other property contained therein shall

3

remain at or near the scene of the accident until he has

4

fulfilled the duties described in subsection (b) if the operator

5

can reasonably do so without obstructing navigation of other

6

watercraft or endangering persons or property. When

7

circumstances make it clearly impractical to remain at or near

8

the scene of the accident on the water, the operator may fulfill

9

the requirements of this subsection by going to shore at a

10

location near the scene of the accident.

11

(e)  Penalties.--

12

(1)  Except as otherwise provided in this section, any

13

person violating this section commits a misdemeanor of the

14

first degree.

15

(2)  If a victim of an accident dies, any person

16

violating subsection (d) commits a felony of the third

17

degree.

18

Section 8.  This act shall take effect in 60 days.

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