PRIOR PRINTER'S NO. 4328 PRINTER'S NO. 4846
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, REICHLEY AND PALLONE,
JUNE 21, 2006
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 18, 2006
AN ACT
1 Amending Title 30 (Fish) of the Pennsylvania Consolidated
2 Statutes, further providing for EXEMPTIONS FROM LICENSE <--
3 REQUIREMENTS AND FOR the fees, powers and duties, rules and
4 regulations and records of issuing agents; and making an
5 editorial change.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2711 of Title 30 of the Pennsylvania <--
9 Consolidated Statutes is amended to read:
10 SECTION 1. SECTIONS 2709(B) AND 2711 OF TITLE 30 OF THE <--
11 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
12 § 2709. EXEMPTIONS FROM LICENSE REQUIREMENTS.
13 * * *
14 (B) PERSONS WHO ARE BLIND OR HAVE CERTAIN PHYSICAL OR MENTAL
15 IMPAIRMENTS.--THE PROVISIONS OF THIS CHAPTER DO NOT APPLY TO
16 THOSE PERSONS WHO ARE TOTALLY BLIND, ARE PARAPLEGIC OR SIMILARLY
17 DISABLED IN THE LOWER EXTREMITIES OR HAVE SUCH SEVERE PHYSICAL
1 OR MENTAL IMPAIRMENTS THAT THEY ARE UNABLE TO CAST OR RETRIEVE A
2 LINE OR BAIT HOOKS AND REMOVE FISH IF ONLY ONE LEGAL DEVICE IS
3 USED AND THE PERSON WHO IS BLIND OR HAS PHYSICAL OR MENTAL
4 IMPAIRMENTS AS DESCRIBED IN THIS SECTION IS WITHIN TEN FEET OF
5 THE DEVICE BEING USED. THE PROVISIONS OF THIS CHAPTER ALSO DO
6 NOT APPLY TO THE ATTENDANT OF THE PERSON WHO IS BLIND OR HAS
7 PHYSICAL OR MENTAL IMPAIRMENTS DESCRIBED IN THIS SECTION WHILE
8 ASSISTING IN USING THE DEVICE.
9 * * *
10 § 2711. Issuing agents.
11 (a) Appointment and bond.--The commission may appoint such
12 persons as it deems necessary to issue fishing licenses and
13 permits, and the persons so appointed shall be required to post
14 a bond or other security in a form satisfactory to the
15 commission in an amount it determines. The commission may
16 establish administrative fees for fishing license issuing
17 agents. County treasurers [and issuing agents active on or
18 before January 1, 2000,] shall be exempt from payment of any
19 administrative fee established by the commission.
20 (b) Compensation and fees.--For services rendered in
21 collecting and [paying over] submitting license and permit fees,
22 issuing agents, as long as they continue to act in that
23 capacity, may collect and retain the issuing agent fees set
24 forth in section 2715 (relating to license, permit and issuing
25 agent fees), which amount shall be full compensation for
26 services rendered by them under the provisions of this title.
27 The compensation shall be retained by the respective issuing
28 agents and shall cover, among other things, the cost of issuing
29 licenses, special licenses and permits, postage, mailing,
30 returns and bonding of said agents. All license, special license
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1 and permit fees paid to an issuing agent under this title shall
2 be paid by those agents into the State Treasury for deposit in
3 the Fish Fund [through the commission at least once a month] in
4 the manner prescribed by the commission and they shall be
5 applied to the purposes provided for in this title. An issuing
6 agent shall make [a return] returns to the commission [upon a
7 form to be supplied] in the manner prescribed by the commission.
8 Any issuing agent failing to comply with any of the provisions
9 of this section shall not be entitled to retain the fee fixed in
10 this subsection for the agent's services but shall pay those
11 fees to the State Treasurer for deposit in the Fish Fund.
12 Delinquent agents are subject to a penalty of 10% per month on
13 any outstanding balance of license money due the commission,
14 which penalty shall be compounded on a monthly basis. If those
15 sums are not so paid, the Commonwealth may recover them by suit
16 in the same manner as like amounts are now recoverable by law.
17 [The commission may recall the agency of any agent after a
18 delinquency period of 30 days.]
19 (c) Rules and regulations.--The commission may promulgate
20 such rules and regulations to control and supervise the issuance
21 of fishing licenses and permits and the collection and
22 remittance of fees set forth in section 2715(a) and (a.1) by
23 issuing agents and institutional superintendents as it may deem
24 necessary.
25 (d) Proof of identification, residency and age.--Each
26 issuing agent shall secure positive proof of identification,
27 residency and age for each license issued.
28 (e) Records.--Every issuing agent shall [keep on a printed
29 form supplied by the commission a correct and complete record of
30 all fishing licenses issued] maintain records in the manner
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1 prescribed by the commission. The records shall be available at
2 reasonable hours for inspection by any waterways conservation
3 officer or other officer designated by the commission or any
4 representative of the Department of the Auditor General. [Every
5 issuing agent shall each month forward to the commission a
6 complete record of all licenses granted on forms to be furnished
7 by the commission.]
8 (e.1) Equipment.--Equipment for the issuance of fishing
9 licenses and permits in the possession of issuing agents shall
10 be available at reasonable hours for inspection by any waterways
11 conservation officer or other officer designated by the
12 commission.
13 (f) Penalty.--Any issuing agent or institutional
14 superintendent violating subsection (b) commits a summary
15 offense of the first degree. Any issuing agent or institutional
16 superintendent committing a second or subsequent violation of
17 subsection (b) in a 12-month period commits a misdemeanor of the
18 second degree. Any issuing agent or institutional superintendent
19 violating any other provision of this section or the rules or
20 regulations promulgated thereunder commits a summary offense of
21 the [third] second degree. The commission may, in its
22 discretion, recall the issuing agency of any agent who violates
23 any provision of this section or the rules and regulations
24 promulgated thereunder.
25 Section 2. This act shall take effect January 1, 2007. <--
26 SECTION 2. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
27 (1) THE AMENDMENT OF 30 PA.C.S. § 2709(B) SHALL TAKE
28 EFFECT IN 60 DAYS.
29 (2) THE AMENDMENT OF 30 PA.C.S. § 2711 SHALL TAKE EFFECT
30 JANUARY 1, 2007.
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1 (3) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
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