PRIOR PRINTER'S NOS. 1358, 1740, 1854 PRINTER'S NO. 1969
No. 1117 Session of 1999
INTRODUCED BY COSTA, O'PAKE, BELAN, LEMMOND, BOSCOLA, EARLL AND
KASUNIC, SEPTEMBER 30, 1999
AS AMENDED ON THIRD CONSIDERATION, MAY 16, 2000
AN ACT
1 Amending Title 30 (Fish) of the Pennsylvania Consolidated
2 Statutes, further providing for waterways patrolmen and
3 employees, FOR ASSISTANT EXECUTIVE DIRECTORS and for deputy <--
4 waterways conservation officers; clarifying provisions for
5 repeat offenders; exempting certain military personnel from
6 license requirements; and further providing for issuing
7 agents.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Sections 303(A), 304(a), 305(b) and 923(d) of <--
11 Title 30 of the Pennsylvania Consolidated Statutes are amended
12 to read:
13 § 303. ASSISTANT EXECUTIVE DIRECTORS. <--
14 (A) APPOINTMENT AND COMPENSATION.--THE EXECUTIVE DIRECTOR,
15 WITH THE APPROVAL OF THE COMMISSION, MAY, IN ACCORDANCE WITH LAW
16 AND THE CLASSIFICATION AND COMPENSATION PLANS OF THE
17 COMMONWEALTH AS ESTABLISHED BY THE EXECUTIVE BOARD, APPOINT AND
18 FIX THE COMPENSATION OF TWO ASSISTANT EXECUTIVE DIRECTORS, ONE
19 OF WHOM SHALL BE IN CHARGE OF AND RESPONSIBLE FOR WATERCRAFT
20 SAFETY AND THE OTHER OF WHOM SHALL BE IN CHARGE OF AND
1 RESPONSIBLE FOR FISHERIES AND ENGINEERING.
2 * * *
3 § 304. Waterways patrolmen and employees.
4 (a) Appointment and compensation.--The executive director,
5 with the approval of the commission, shall, in accordance with
6 law and the classification and compensation plans of the
7 Commonwealth as established by the Executive Board, appoint and
8 fix the compensation of such number of waterways patrolmen and
9 other employees as the commission deems necessary to enforce and
10 carry out the provisions of this title and perform the functions
11 and work of the commission.
12 * * *
13 § 305. Deputy waterways conservation officers.
14 * * *
15 (b) Compensation.--Deputy waterways conservation officers
16 shall not be entitled to any salary, compensation or expenses
17 for their services from the Commonwealth, unless detailed in
18 writing for duty by the executive director of the commission, in
19 which case they shall receive compensation and/or reasonable
20 expenses in accordance with a Statewide pay scale and standards
21 as established by the Executive Board. Only such duties or
22 assignments as are approved in advance by the executive director
23 or his designee shall be eligible for compensation and/or
24 reasonable expenses. When acting within the scope of their
25 official duties, deputy waterways conservation officers shall be
26 authorized to operate Commonwealth vehicles and watercraft and
27 shall be treated as employees of the Commonwealth for the
28 purposes of automotive and general liability and the act of June
29 2, 1915 (P.L.736, No.338), known as the Workers' Compensation
30 Act.
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1 * * *
2 § 923. Classification of offenses and penalties.
3 * * *
4 (d) Repeat offenders.--A person who is convicted or
5 acknowledges guilt of a second or subsequent violation of this
6 title or the regulations promulgated under this title within 12
7 months of a prior offense under this title shall be sentenced as
8 a repeat offender. An extract from commission records maintained
9 in the ordinary course of business showing that the person was
10 convicted or acknowledged guilt of two or more offenses under
11 this title on separate occasions within a 12-month period shall
12 be prima facie evidence that the person is a repeat offender. In
13 addition to the fine set forth in subsection (a)[(2)], a repeat
14 offender may be sentenced to pay an additional fine as follows:
15 (1) $200 if all the offenses committed within the 12-
16 month period were classified as summary offenses under this
17 title.
18 (2) $1,000 if any of the offenses committed within the
19 12-month period were classified as misdemeanors of the third
20 degree and none were classified as misdemeanors of the first
21 or second degree or felonies.
22 (3) $2,500 if any of the offenses committed within the
23 12-month period were classified as misdemeanors of the first
24 or second degree or felonies.
25 * * *
26 Section 2. Section 2709 of Title 30 is amended by adding a
27 subsection to read:
28 § 2709. Exemptions from license requirements.
29 * * *
30 (f) Military personnel.--
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1 (1) The provisions of this chapter shall not apply to
2 persons who satisfy all of the following:
3 (i) Are residents of this Commonwealth.
4 (ii) Are on active and full-time duty in the United
5 States Armed Forces.
6 (iii) Are assigned to a facility outside this
7 Commonwealth.
8 (iv) Are on temporary leave in this Commonwealth.
9 (v) Have on their person while fishing evidence of
10 Commonwealth residency, proof of their assignment to a
11 facility outside this Commonwealth and a copy of their
12 orders assigning them to temporary leave.
13 (2) Such persons shall comply with the regulations of
14 the commission.
15 Section 3. Section 5304(d.1) of Title 30 is amended to read:
16 § 5304. Issuing agents.
17 * * *
18 (d.1) Rules and regulations.--The commission may promulgate
19 such rules and regulations to control and supervise the issuance
20 and transfer of boat registrations by issuing agents as it deems
21 necessary. The commission may establish administrative fees for
22 [fishing license] boat registration issuing agents. County
23 treasurers shall be exempt from payment of any administrative
24 fee established by the commission.
25 * * *
26 Section 4. This act shall take effect as follows:
27 (1) The amendment of 30 Pa.C.S. § 2709 shall take effect
28 in 60 days.
29 (2) The remainder of this act shall take effect
30 immediately.
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