PRIOR PRINTER'S NOS. 1358, 1740 PRINTER'S NO. 1854
No. 1117 Session of 1999
INTRODUCED BY COSTA, O'PAKE, BELAN, LEMMOND, BOSCOLA, EARLL AND
KASUNIC, SEPTEMBER 30, 1999
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
APRIL 10, 2000
AN ACT
1 Amending Title 30 (Fish) of the Pennsylvania Consolidated
2 Statutes, FURTHER PROVIDING FOR WATERWAYS PATROLMEN AND <--
3 EMPLOYEES AND FOR DEPUTY WATERWAYS CONSERVATION OFFICERS;
4 clarifying provisions for repeat offenders; exempting certain
5 military personnel from license requirements; and further
6 providing for issuing agents.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 923(d) of Title 30 of the Pennsylvania <--
10 Consolidated Statutes is amended to read:
11 SECTION 1. SECTIONS 304(A), 305(B) AND 923(D) OF TITLE 30 OF <--
12 THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
13 § 304. WATERWAYS PATROLMEN AND EMPLOYEES.
14 (A) APPOINTMENT AND COMPENSATION.--THE EXECUTIVE DIRECTOR,
15 WITH THE APPROVAL OF THE COMMISSION, SHALL, IN ACCORDANCE WITH
16 LAW AND THE CLASSIFICATION AND COMPENSATION PLANS OF THE
17 COMMONWEALTH AS ESTABLISHED BY THE EXECUTIVE BOARD, APPOINT AND
18 FIX THE COMPENSATION OF SUCH NUMBER OF WATERWAYS PATROLMEN AND
19 OTHER EMPLOYEES AS THE COMMISSION DEEMS NECESSARY TO ENFORCE AND
1 CARRY OUT THE PROVISIONS OF THIS TITLE AND PERFORM THE FUNCTIONS
2 AND WORK OF THE COMMISSION.
3 * * *
4 § 305. DEPUTY WATERWAYS CONSERVATION OFFICERS.
5 * * *
6 (B) COMPENSATION.--DEPUTY WATERWAYS CONSERVATION OFFICERS
7 SHALL NOT BE ENTITLED TO ANY SALARY, COMPENSATION OR EXPENSES
8 FOR THEIR SERVICES FROM THE COMMONWEALTH, UNLESS DETAILED IN
9 WRITING FOR DUTY BY THE EXECUTIVE DIRECTOR OF THE COMMISSION, IN
10 WHICH CASE THEY SHALL RECEIVE COMPENSATION AND/OR REASONABLE
11 EXPENSES IN ACCORDANCE WITH A STATEWIDE PAY SCALE AND STANDARDS
12 AS ESTABLISHED BY THE EXECUTIVE BOARD. ONLY SUCH DUTIES OR
13 ASSIGNMENTS AS ARE APPROVED IN ADVANCE BY THE EXECUTIVE DIRECTOR
14 OR HIS DESIGNEE SHALL BE ELIGIBLE FOR COMPENSATION AND/OR
15 REASONABLE EXPENSES. WHEN ACTING WITHIN THE SCOPE OF THEIR
16 OFFICIAL DUTIES, DEPUTY WATERWAYS CONSERVATION OFFICERS SHALL BE
17 AUTHORIZED TO OPERATE COMMONWEALTH VEHICLES AND WATERCRAFT AND
18 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 § 923. Classification of offenses and penalties.
24 * * *
25 (d) Repeat offenders.--A person who is convicted or
26 acknowledges guilt of a second or subsequent violation of this
27 title or the regulations promulgated under this title within 12
28 months of a prior offense under this title shall be sentenced as
29 a repeat offender. An extract from commission records maintained
30 in the ordinary course of business showing that the person was
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1 convicted or acknowledged guilt of two or more offenses under
2 this title on separate occasions within a 12-month period shall
3 be prima facie evidence that the person is a repeat offender. In
4 addition to the fine set forth in subsection (a)[(2)], a repeat
5 offender may be sentenced to pay an additional fine as follows:
6 (1) $200 if all the offenses committed within the 12-
7 month period were classified as summary offenses under this
8 title.
9 (2) $1,000 if any of the offenses committed within the
10 12-month period were classified as misdemeanors of the third
11 degree and none were classified as misdemeanors of the first
12 or second degree or felonies.
13 (3) $2,500 if any of the offenses committed within the
14 12-month period were classified as misdemeanors of the first
15 or second degree or felonies.
16 * * *
17 Section 2. Section 2709 of Title 30 is amended by adding a
18 subsection to read:
19 § 2709. Exemptions from license requirements.
20 * * *
21 (f) Military personnel.--
22 (1) The provisions of this chapter shall not apply to
23 persons who satisfy all of the following:
24 (i) Are residents of this Commonwealth.
25 (ii) Are on active and full-time duty in the United
26 States Armed Forces.
27 (iii) Are assigned to a facility outside this
28 Commonwealth.
29 (iv) Are on temporary leave in this Commonwealth.
30 (v) Have on their person while fishing evidence of
19990S1117B1854 - 3 -
1 Commonwealth residency, proof of their assignment to a
2 facility outside this Commonwealth and a copy of their
3 orders assigning them to temporary leave.
4 (2) Such persons shall comply with the regulations of
5 the commission.
6 Section 3. Section 5304(d.1) of Title 30 is amended to read:
7 § 5304. Issuing agents.
8 * * *
9 (d.1) Rules and regulations.--The commission may promulgate
10 such rules and regulations to control and supervise the issuance
11 and transfer of boat registrations by issuing agents as it deems
12 necessary. The commission may establish administrative fees for
13 [fishing license] boat registration issuing agents. County
14 treasurers shall be exempt from payment of any administrative
15 fee established by the commission.
16 * * *
17 Section 4. This act shall take effect as follows:
18 (1) The amendments of 30 Pa.C.S. §§ 923 and 5304 shall <--
19 take effect immediately.
20 (2) This section shall take effect immediately.
21 (3) The amendment of 30 Pa.C.S. § 2709 shall take effect
22 in 60 days.
23 (1) THE AMENDMENT OF 30 PA.C.S. § 2709 SHALL TAKE EFFECT <--
24 IN 60 DAYS.
25 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
26 IMMEDIATELY.
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