SENATE AMENDED
PRIOR PRINTER'S NO. 2760 PRINTER'S NO. 4079
No. 2186 Session of 1995
INTRODUCED BY FLEAGLE, B. SMITH, GRUITZA, MAITLAND, NICKOL,
HUTCHINSON, LYNCH, LEVDANSKY, CLARK, WAUGH, TRUE,
E. Z. TAYLOR, DEMPSEY, EGOLF, BELFANTI, ROHRER, SAYLOR,
YOUNGBLOOD AND WASHINGTON, NOVEMBER 1, 1995
SENATOR HELFRICK, GAME AND FISHERIES, IN SENATE, AS AMENDED,
OCTOBER 2, 1996
AN ACT
1 Amending Title 30 (Fish) of the Pennsylvania Consolidated
2 Statutes, relating to FURTHER PROVIDING FOR CLARIFICATION OF <--
3 THE STATUS OF MEMBERS OF THE FISH AND BOAT COMMISSION, ITS
4 BOATING ADVISORY BOARD AND DEPUTY WATERWAYS PATROLMEN;
5 PROVIDING FOR A VOLUNTEER PROGRAM; AND FURTHER PROVIDING FOR
6 CLASSIFICATION OF OFFENSES AND PENALTIES, FOR BOATING UNDER
7 THE INFLUENCE AND FOR Class A regulated fishing lakes.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 3106(a) of Title 30 of the Pennsylvania <--
11 Consolidated Statutes is amended to read:
12 SECTION 1. SECTIONS 301(C), 305(B) AND 306(D) OF TITLE 30 OF <--
13 THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
14 § 301. ORGANIZATION OF COMMISSION.
15 * * *
16 (C) COMPENSATION.--THE MEMBERS SHALL RECEIVE NO COMPENSATION
17 FOR THEIR SERVICES BUT MAY BE REIMBURSED FOR TRAVEL EXPENSES.
18 WHEN PERFORMING ANY FUNCTION ON BEHALF OF THE COMMISSION OR
1 ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES, MEMBERS OF THE
2 COMMISSION SHALL BE AUTHORIZED TO OPERATE COMMONWEALTH VEHICLES
3 AND WATERCRAFT AND SHALL BE TREATED AS EMPLOYEES OF THE
4 COMMONWEALTH FOR THE PURPOSES OF AUTOMOTIVE AND GENERAL
5 LIABILITY AND THE ACT OF JUNE 2, 1915 (P.L.736, NO.338), KNOWN
6 AS THE WORKERS' COMPENSATION ACT.
7 * * *
8 § 305. DEPUTY WATERWAYS PATROLMEN.
9 * * *
10 (B) COMPENSATION.--DEPUTY WATERWAYS PATROLMEN SHALL NOT BE
11 ENTITLED TO ANY SALARY, COMPENSATION OR EXPENSES FOR THEIR
12 SERVICES FROM THE COMMONWEALTH, UNLESS DETAILED IN WRITING FOR
13 DUTY BY THE EXECUTIVE DIRECTOR OF THE COMMISSION, IN WHICH CASE
14 THEY SHALL RECEIVE COMPENSATION AND REASONABLE EXPENSES IN
15 ACCORDANCE WITH A STATEWIDE PAY SCALE. WHEN ACTING WITHIN THE
16 SCOPE OF THEIR OFFICIAL DUTIES, DEPUTY WATERWAYS PATROLMEN SHALL
17 BE AUTHORIZED TO OPERATE COMMONWEALTH VEHICLES AND WATERCRAFT
18 AND SHALL BE TREATED AS EMPLOYEES OF THE COMMONWEALTH FOR THE
19 PURPOSES OF AUTOMOTIVE AND GENERAL LIABILITY AND THE ACT OF JUNE
20 2, 1915 (P.L.736, NO.338), KNOWN AS THE WORKERS' COMPENSATION
21 ACT.
22 * * *
23 § 306. BOATING ADVISORY BOARD.
24 * * *
25 (D) COMPENSATION.--THE VOLUNTEER MEMBERS OF THE BOARD SHALL
26 RECEIVE NO SALARY BUT MAY, SUBJECT TO THE APPROVAL OF THE
27 COMMISSION, RECEIVE TRAVEL EXPENSES. WHEN PERFORMING ANY
28 FUNCTION ON BEHALF OF THE COMMISSION OR ACTING WITHIN THE SCOPE
29 OF THEIR OFFICIAL DUTIES, VOLUNTEER MEMBERS OF THE BOARD SHALL
30 BE AUTHORIZED TO OPERATE COMMONWEALTH VEHICLES AND WATERCRAFT
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1 AND SHALL BE TREATED AS EMPLOYEES OF THE COMMONWEALTH FOR THE
2 PURPOSES OF AUTOMOTIVE AND GENERAL LIABILITY AND THE ACT OF JUNE
3 2, 1915 (P.L.736, NO.338), KNOWN AS THE WORKERS' COMPENSATION
4 ACT.
5 * * *
6 SECTION 2. TITLE 30 IS AMENDED BY ADDING A SECTION TO READ:
7 § 325. VOLUNTEER PROGRAM.
8 (A) VOLUNTEER PROGRAM.--THE COMMISSION SHALL HAVE THE POWER
9 AND AUTHORITY TO DO ALL THINGS NECESSARY AND EXPEDIENT TO
10 MAINTAIN A VOLUNTEER PROGRAM AND TO PROMULGATE RULES AND
11 REGULATIONS UNDER THIS SECTION.
12 (B) SERVICES OF INDIVIDUALS WITHOUT COMPENSATION.--THE
13 EXECUTIVE DIRECTOR OR HIS DESIGNEE IS AUTHORIZED TO RECRUIT,
14 TRAIN AND ACCEPT, WITHOUT REGARD TO THE CIVIL SERVICE
15 CLASSIFICATION LAWS, RULES OR REGULATIONS, THE SERVICES OF
16 INDIVIDUALS WITHOUT COMPENSATION AS VOLUNTEERS FOR OR IN AID OF
17 INTERPRETIVE FUNCTIONS, EDUCATION AND INFORMATION PROGRAMS,
18 BOATING SAFETY AND WATER RESCUE PROGRAMS, CONSERVATION MEASURES,
19 HABITAT IMPROVEMENT AND OTHER ACTIVITIES RELATED TO FISH AND
20 FISHING AND BOATS AND BOATING.
21 (C) EXPENSES.--THE COMMISSION IS AUTHORIZED TO PAY
22 REASONABLE AND NECESSARY EXPENSES FOR VOLUNTEERS, IN ACCORDANCE
23 WITH STATEWIDE GUIDELINES, FOR TRANSPORTATION, UNIFORMS, LODGING
24 AND SUBSISTENCE.
25 (D) STATUS OF VOLUNTEERS.--
26 (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A
27 VOLUNTEER SHALL NOT BE DEEMED TO BE A COMMONWEALTH EMPLOYEE
28 AND SHALL NOT BE SUBJECT TO THE PROVISIONS OF LAW RELATING TO
29 COMMONWEALTH EMPLOYMENT, INCLUDING THOSE RELATING TO HOURS OF
30 WORK, RATES OF COMPENSATION, LEAVE, UNEMPLOYMENT COMPENSATION
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1 AND COMMONWEALTH EMPLOYEE BENEFITS.
2 (2) VOLUNTEERS PERFORMING WORK UNDER THE TERMS OF THIS
3 SECTION ACTING WITHIN THE SCOPE OF THEIR VOLUNTEER DUTIES
4 SHALL BE AUTHORIZED TO OPERATE COMMONWEALTH VEHICLES AND
5 WATERCRAFT AND SHALL BE TREATED FOR THE PURPOSES OF
6 AUTOMOTIVE AND GENERAL LIABILITY AS EMPLOYEES OF THE
7 COMMONWEALTH.
8 (3) FOR THE PURPOSES OF THE ACT OF JUNE 2, 1915
9 (P.L.736, NO.338), KNOWN AS THE WORKERS' COMPENSATION ACT,
10 VOLUNTEERS UNDER THIS SECTION SHALL BE DEEMED EMPLOYEES OF
11 THE COMMONWEALTH.
12 (4) NO VOLUNTEER SHALL BE ASSIGNED TO ANY POSITION THAT
13 IS COVERED BY ANY LABOR AGREEMENT, PRESENTLY FILLED OR
14 AUTHORIZED IN THE COMMISSION.
15 (5) AS TO CIVIL DAMAGES, THE STANDARD OF CARE FOR ACTS
16 OR OMISSIONS BY COMMISSION VOLUNTEERS ACTING WITHIN THE SCOPE
17 OF THEIR DUTIES SHALL BE AS SET FORTH IN 42 PA.C.S. § 8332.4
18 (RELATING TO VOLUNTEER-IN-PUBLIC-SERVICE NEGLIGENCE
19 STANDARD).
20 SECTION 3. SECTION 3106(A) OF TITLE 30 IS AMENDED TO READ:
21 § 3106. Classification of lakes.
22 (a) Class A.--[A lake that is wholly opened to the general
23 public for fishing and is operated solely as a commercial
24 venture may be issued a Class A regulated fishing lake license.
25 A lake situated on a privately owned campground may be issued a
26 Class A regulated fishing lake license provided the campground
27 is open to the general public and operated as a commercial
28 venture, regardless of whether the campground operator sells
29 admission to the lake to members of the public who are not
30 camping at the campground.] The commission may issue Class A
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1 regulated fishing lake licenses upon payment of the fee
2 specified in section 3102 (relating to fees) to lakes in the
3 following categories:
4 (1) Lakes wholly opened to the general public for
5 fishing and operated solely as commercial ventures.
6 (2) Lakes situated wholly within the grounds of a
7 privately owned campground provided that the campground is
8 open to the general public and operated as a commercial
9 venture regardless of whether the campground operator sells
10 admissions to fish at the lake to members of the public who
11 are not camping at the campground.
12 (3) Lakes with a total water area of less than 20 acres
13 situated wholly within the grounds of a private fishing and
14 boating, rod and gun or sportsmen's club or organization when
15 fishing in the lake is limited to members of the club or
16 organization and the sponsoring club or organization operates
17 a cooperative nursery recognized by the commission, provided
18 that fish raised by the cooperative nursery shall be stocked
19 in waters of this Commonwealth open for free public fishing
20 and not in the regulated fishing lake licensed hereunder.
21 Persons patronizing a Class A regulated fishing lake may catch,
22 kill and possess fish without regard to any size, season or
23 possession limit and need not possess a Pennsylvania fishing
24 license. All other provisions of this title are applicable.
25 * * *
26 Section 2 4. This act shall take effect immediately. <--
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