PRINTER'S NO. 4328
No. 2824 Session of 2006
INTRODUCED BY B. SMITH, STABACK, SONNEY, MUNDY, J. TAYLOR,
CALTAGIRONE, HERSHEY, TIGUE, PICKETT, GEIST, FLEAGLE,
CRAHALLA, MAITLAND, BALDWIN, BEYER, COHEN, FLAHERTY, GEORGE,
HANNA, JAMES, PYLE, SIPTROTH, THOMAS, WILT, YOUNGBLOOD,
E. Z. TAYLOR, BENNINGHOFF AND REICHLEY, JUNE 21, 2006
REFERRED TO COMMITTEE ON GAME AND FISHERIES, JUNE 21, 2006
AN ACT
1 Amending Title 30 (Fish) of the Pennsylvania Consolidated
2 Statutes, further providing for the fees, powers and duties,
3 rules and regulations and records of issuing agents; and
4 making an editorial change.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 2711 of Title 30 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 2711. Issuing agents.
10 (a) Appointment and bond.--The commission may appoint such
11 persons as it deems necessary to issue fishing licenses and
12 permits, and the persons so appointed shall be required to post
13 a bond or other security in a form satisfactory to the
14 commission in an amount it determines. The commission may
15 establish administrative fees for fishing license issuing
16 agents. County treasurers [and issuing agents active on or
17 before January 1, 2000,] shall be exempt from payment of any
1 administrative fee established by the commission.
2 (b) Compensation and fees.--For services rendered in
3 collecting and [paying over] submitting license and permit fees,
4 issuing agents, as long as they continue to act in that
5 capacity, may collect and retain the issuing agent fees set
6 forth in section 2715 (relating to license, permit and issuing
7 agent fees), which amount shall be full compensation for
8 services rendered by them under the provisions of this title.
9 The compensation shall be retained by the respective issuing
10 agents and shall cover, among other things, the cost of issuing
11 licenses, special licenses and permits, postage, mailing,
12 returns and bonding of said agents. All license, special license
13 and permit fees paid to an issuing agent under this title shall
14 be paid by those agents into the State Treasury for deposit in
15 the Fish Fund [through the commission at least once a month] in
16 the manner prescribed by the commission and they shall be
17 applied to the purposes provided for in this title. An issuing
18 agent shall make [a return] returns to the commission [upon a
19 form to be supplied] in the manner prescribed by the commission.
20 Any issuing agent failing to comply with any of the provisions
21 of this section shall not be entitled to retain the fee fixed in
22 this subsection for the agent's services but shall pay those
23 fees to the State Treasurer for deposit in the Fish Fund.
24 Delinquent agents are subject to a penalty of 10% per month on
25 any outstanding balance of license money due the commission,
26 which penalty shall be compounded on a monthly basis. If those
27 sums are not so paid, the Commonwealth may recover them by suit
28 in the same manner as like amounts are now recoverable by law.
29 [The commission may recall the agency of any agent after a
30 delinquency period of 30 days.]
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1 (c) Rules and regulations.--The commission may promulgate
2 such rules and regulations to control and supervise the issuance
3 of fishing licenses and permits and the collection and
4 remittance of fees set forth in section 2715(a) and (a.1) by
5 issuing agents and institutional superintendents as it may deem
6 necessary.
7 (d) Proof of identification, residency and age.--Each
8 issuing agent shall secure positive proof of identification,
9 residency and age for each license issued.
10 (e) Records.--Every issuing agent shall [keep on a printed
11 form supplied by the commission a correct and complete record of
12 all fishing licenses issued] maintain records in the manner
13 prescribed by the commission. The records shall be available at
14 reasonable hours for inspection by any waterways conservation
15 officer or other officer designated by the commission or any
16 representative of the Department of the Auditor General. [Every
17 issuing agent shall each month forward to the commission a
18 complete record of all licenses granted on forms to be furnished
19 by the commission.]
20 (e.1) Equipment.--Equipment for the issuance of fishing
21 licenses and permits in the possession of issuing agents shall
22 be available at reasonable hours for inspection by any waterways
23 conservation officer or other officer designated by the
24 commission.
25 (f) Penalty.--Any issuing agent or institutional
26 superintendent violating subsection (b) commits a summary
27 offense of the first degree. Any issuing agent or institutional
28 superintendent committing a second or subsequent violation of
29 subsection (b) in a 12-month period commits a misdemeanor of the
30 second degree. Any issuing agent or institutional superintendent
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1 violating any other provision of this section or the rules or
2 regulations promulgated thereunder commits a summary offense of
3 the [third] second degree. The commission may, in its
4 discretion, recall the issuing agency of any agent who violates
5 any provision of this section or the rules and regulations
6 promulgated thereunder.
7 Section 2. This act shall take effect January 1, 2007.
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