PRINTER'S NO. 1338
No. 1109 Session of 2007
INTRODUCED BY STABACK, BELFANTI, CALTAGIRONE, DeLUCA, FABRIZIO,
GERGELY, HALUSKA, HERSHEY, HESS, JAMES, KORTZ, KOTIK,
McGEEHAN, PETRONE AND REICHLEY, APRIL 18, 2007
REFERRED TO COMMITTEE ON GAME AND FISHERIES, APRIL 18, 2007
AN ACT
1 Amending Title 30 (Fish) of the Pennsylvania Consolidated
2 Statutes, further providing, in fishing licenses, for
3 nonresident and tourist licenses, for one-day resident
4 fishing licenses, for issuing agents and for license, permit
5 and issuing agent fees.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 2702(d), 2702.1(b), 2711 and 2715 of
9 Title 30 of the Pennsylvania Consolidated Statutes are amended
10 to read:
11 § 2702. Nonresident and tourist licenses.
12 * * *
13 (d) One-day tourist licenses.--Any person required to have a
14 fishing license under this chapter may fish in any of the waters
15 of this Commonwealth or in any boundary waters for a period not
16 to exceed 24 hours, specified by the person at time of purchase,
17 with a "One-Day Tourist Fishing License" upon payment of license
18 fee and issuing agent fee as set forth in section 2715. One-Day
19 Tourist Fishing Licenses shall not be issued for fishing during
1 the period from [April 1] March 15 to April 30 of any year.
2 Holders of One-Day Tourist Fishing Licenses shall not be
3 required to obtain special permits, including trout/salmon
4 permits to fish for trout or salmon or special permits to fish
5 in Lake Erie and tributaries.
6 § 2702.1. One-day resident fishing license.
7 * * *
8 (b) Limitation on issue.--One-Day Resident Fishing Licenses
9 shall not be issued for fishing during the period from [April 1]
10 March 15 to April 30 of any year.
11 * * *
12 § 2711. Issuing agents.
13 (a) Appointment and bond.--The commission may appoint such
14 persons as it deems necessary to issue fishing licenses and
15 permits, and the persons so appointed shall be required to post
16 a bond or other security in a form satisfactory to the
17 commission in an amount it determines. The commission may
18 establish administrative fees for fishing license issuing
19 agents. County treasurers [and issuing agents active on or
20 before January 1, 2000,] shall be exempt from payment of any
21 administrative fee established by the commission.
22 (b) Compensation and fees.--For services rendered in
23 collecting and [paying over] submitting license and permit fees,
24 issuing agents, as long as they continue to act in that
25 capacity, may collect and retain the issuing agent fees set
26 forth in section 2715 (relating to license, permit and issuing
27 agent fees), which amount shall be full compensation for
28 services rendered by them under the provisions of this title.
29 The compensation shall be retained by the respective issuing
30 agents and shall cover, among other things, the cost of issuing
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1 licenses, special licenses and permits, postage, mailing,
2 returns and bonding of said agents. All license, special license
3 and permit fees paid to an issuing agent under this title shall
4 be paid by those agents into the State Treasury for deposit in
5 the Fish Fund [through the commission at least once a month] in
6 the manner prescribed by the commission and they shall be
7 applied to the purposes provided for in this title. An issuing
8 agent shall make [a return] returns to the commission [upon a
9 form to be supplied] in the manner prescribed by the
10 commission. Any issuing agent failing to comply with any of the
11 provisions of this section shall not be entitled to retain the
12 fee fixed in this subsection for the agent's services but shall
13 pay those fees to the State Treasurer for deposit in the Fish
14 Fund. Delinquent agents are subject to a penalty of 10% per
15 month on any outstanding balance of license money due the
16 commission, which penalty shall be compounded on a monthly
17 basis. If those sums are not so paid, the Commonwealth may
18 recover them by suit in the same manner as like amounts are now
19 recoverable by law. [The commission may recall the agency of any
20 agent after a delinquency period of 30 days.]
21 (c) Rules and regulations.--The commission may promulgate
22 such rules and regulations to control and supervise the issuance
23 of fishing licenses and permits and the collection and
24 remittance of fees set forth in section 2715(a) and (a.1) by
25 issuing agents and institutional superintendents as it may deem
26 necessary.
27 (d) Proof of identification, residency and age.--Each
28 issuing agent shall secure positive proof of identification,
29 residency and age for each license issued.
30 (e) Records.--Every issuing agent shall [keep on a printed
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1 form supplied by the commission a correct and complete record of
2 all fishing licenses issued] maintain records in the manner
3 prescribed by the commission. The records shall be available at
4 reasonable hours for inspection by any waterways conservation
5 officer or other officer designated by the commission or any
6 representative of the Department of the Auditor General. [Every
7 issuing agent shall each month forward to the commission a
8 complete record of all licenses granted on forms to be furnished
9 by the commission.]
10 (e.1) Equipment.--Equipment for the issuance of fishing
11 licenses and permits in the possession of issuing agents shall
12 be available at reasonable hours for inspection by any waterways
13 conservation officer or other officer designated by the
14 commission.
15 (f) Penalty.--
16 (1) Any issuing agent or institutional superintendent
17 violating subsection (b) commits a summary offense of the
18 first degree.
19 (2) Any issuing agent or institutional superintendent
20 committing a second or subsequent violation of subsection (b)
21 in a twelve-month period commits a misdemeanor of the second
22 degree.
23 (3) Any issuing agent or institutional superintendent
24 violating any other provision of this section or the rules or
25 regulations promulgated thereunder commits a summary offense
26 of the [third] second degree.
27 (4) The commission may, in its discretion, recall the
28 issuing agency of any agent who violates any provision of
29 this section or the rules and regulations promulgated
30 thereunder.
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1 § 2715. License, permit and issuing agent fees.
2 (a) License fees.--The following fees apply to fishing
3 licenses issued under this chapter and shall be paid into the
4 Fish Fund:
5 (1) Resident Annual Fishing License, $21.
6 (2) Senior Resident Annual Fishing License, $10.
7 (3) Senior Resident Lifetime Fishing License, $50.
8 (4) Nonresident Annual Fishing License, $51.
9 (5) Seven-Day Tourist Fishing License, $33.
10 (6) Three-Day Tourist Fishing License, $25.
11 (6.1) One-Day Resident Fishing License, $10.
12 (6.2) One-Day Tourist Fishing License, $25.
13 (7) Replacement Fishing License, [$4.25.] including
14 related permits and privileges, $5.00.
15 (8) Transaction costs associated with the Pennsylvania
16 Automated Licensing Service (PALS), actual.
17 (a.1) Permit fees.--Except as otherwise provided in this
18 title, the following fees apply to permits related to fish and
19 fishing and shall be paid into the Fish Fund:
20 (1) Trout/salmon permits, $8.
21 (2) Resident charter boat/fishing guide permit, $100.
22 (3) Nonresident charter boat/fishing guide permit, $400.
23 (4) Special permit to fish in Lake Erie and tributaries,
24 $8.
25 (5) Combination trout/salmon permit and Lake Erie
26 permit, $14.
27 (6) Transaction costs associated with the Pennsylvania
28 Automated Licensing Service (PALS), actual.
29 (b) Issuing agent fees.--The issuing agent fee to be
30 retained by the issuing agent as provided in section 2711
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1 (relating to issuing agents) for fishing licenses and permits
2 shall be $1.
3 Section 2. This act shall take effect in 60 days.
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