Pennsylvania Act 1992-7 — FISH CODE (30 PA.C.S.) - AMEND LICENSES

Act text

FISH CODE (30 PA.C.S.) - AMEND LICENSES
                   Act of Mar. 19, 1992, P.L. 18, No. 7               Cl. 30
                             Session of 1992
                                No. 1992-7

     SB 819

                                  AN ACT

     Amending Title 30 (Fish) of the Pennsylvania Consolidated
        Statutes, further providing for licenses for senior citizens
        and nonresidents and tourists; and making editorial changes
        in Titles 18, 30, 42 and 66 relating to the official name of
        the Pennsylvania Fish and Boat Commission.
        The General Assembly of the Commonwealth of Pennsylvania
     finds that the fishing license fees for nonresidents of this
     Commonwealth should be increased for the purpose of providing
     the Fish Fund with additional revenues to be used to enhance and
     improve fishing on or in the waters of this Commonwealth,
     including the commission's catchable trout and salmon
     propagation and stocking programs.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The heading of Chapter 3 and sections 2701(b),
     2702 and 7102(a) and (b) of Title 30 of the Pennsylvania
     Consolidated Statutes are amended to read:
                                CHAPTER 3
                  PENNSYLVANIA FISH AND BOAT COMMISSION
                                  * * *
      § 2701.  Resident fishing licenses.
        * * *
        (b)  Senior citizens.--A person who is or will be 65 years of
     age or older [at the time] in the year of application who
     complies with subsection (a)(1) and (2) is entitled to a "Senior
     Resident Fishing License" if he pays a license fee of $2 to the
     issuing agent or the commission plus a service fee of 50? to the
     issuing agent. The application shall give the date of birth of
     the applicant. Any person who qualifies to purchase a Senior
     Resident Fishing License may, in lieu thereof, purchase a Senior
     Resident Fishing License which shall be valid for his lifetime
     upon the payment of a fee of $10 for the use of the Commonwealth
     and, in the event the license is issued by an issuing agent, a
     fee of 50? for the use of the issuing agent.
      § 2702.  Nonresident and tourist licenses.
        (a)  Nonresident licenses.--For the purposes of this chapter,
     any person 16 years of age or older is entitled to a
     "Nonresident Fishing License" if:
            (1)  He is not a bona fide resident of this Commonwealth.
            (2)  He has applied to an issuing agent or to the
        commission.
            (3)  He has paid the issuing agent or the commission a
        license fee of [$20] $25 plus a service fee of 50? to the
        issuing agent.
        (b)  Tourist licenses.--For the purposes of this chapter, any
     person 16 years of age or older is entitled to a "[Seven] Five-
     Day Tourist Fishing License," valid for a period of [seven] five
     consecutive days, if:
            (1)  He is not a bona fide resident of this Commonwealth.
            (2)  He has applied to an issuing agent or to the
        commission.
            (3)  He has paid the issuing agent or the commission a
        license fee of [$15] $20 plus a service charge of 50? to the
        issuing agent.
      § 7102.  Members of commission from Pennsylvania.
        (a)  Designation and term.--In pursuance of Article III of
     the compact, there shall be three members (hereinafter called
     commissioners) of the Atlantic States Marine Fisheries
     Commission (hereinafter called commission) from this
     Commonwealth. The first commissioner shall be the executive
     director of the Pennsylvania Fish and Boat Commission, ex
     officio, and the term of this commissioner shall terminate at
     the time he ceases to hold the office of executive director and
     his successor as commissioner shall be his successor as
     executive director. The second commissioner shall be a
     legislator and member of the Pennsylvania Commission on
     Interstate Cooperation, ex officio, designated by the
     Pennsylvania Commission on Interstate Cooperation, and the term
     of this commissioner shall terminate at the time he ceases to
     hold legislative office or office as a member of the
     Pennsylvania Commission on Interstate Cooperation and his
     successor as commissioner shall be named in like manner. The
     Governor (by and with the advice and consent of the Senate)
     shall appoint a citizen as a third commissioner who shall have a
     knowledge of and interest in the marine fisheries problem. The
     term of this commissioner shall be three years and he shall hold
     office until his successor is appointed and qualified. Vacancies
     occurring in the office of this commissioner from any reason or
     cause shall be filled by appointment by the Governor (by and
     with the advice and consent of the Senate) for the unexpired
     term.
        (b)  Delegate of executive director.--The executive director
     of the Pennsylvania Fish and Boat Commission, as ex officio
     commissioner, may delegate from time to time to any assistant or
     other subordinate in his agency or office, the power to be
     present and participate, including voting, as his representative
     or substitute at any meeting of or hearing by or other
     proceeding of the commission.
        * * *
        Section 2.  Section 5515(d) of Title 18 is amended to read:
      § 5515.  Prohibiting of paramilitary training.
        * * *
        (d)  Excluded activities.--Nothing contained in this section
     shall make unlawful any activity of the Game Commission, Fish
     and Boat Commission, or any law enforcement agency, or any
     hunting club, rifle club, rifle range, pistol range, shooting
     range or other program or individual instruction intended to
     teach the safe handling or use of firearms, archery equipment or
     other weapons or techniques employed in connection with lawful
     sports or other lawful activities.
        Section 3.  Section 3733(a) of Title 42 is amended to read:
      § 3733.  Deposits into account.
        (a)  General rule.--Beginning July 1, 1987, and thereafter,
     the total of all fines, fees and costs collected by any division
     of the unified judicial system which are in excess of the amount
     collected from such sources in the fiscal year 1986-1987 shall
     be deposited in the Judicial Computer System Augmentation
     Account. Any fines, fees or costs which are allocated by law or
     otherwise directed to the Pennsylvania Fish and Boat Commission,
     to the Pennsylvania Game Commission or to counties and
     municipalities, to the Crime Victim's Compensation Board, to the
     Commission on Crime and Delinquency for victim-witness services
     grants under section 477.15(c) of the act of April 9, 1929
     (P.L.177, No.175), known as The Administrative Code of 1929, to
     rape crisis centers, to the Emergency Medical Services Operating
     Fund or to domestic violence shelters shall not be affected by
     this subchapter.
        * * *
        Section 4.  Section 2709(a) and (b) of Title 66 are amended
     to read:
      § 2709.  Disposition of real property by public utility engaged
                in railroad business.
        (a)  Notice.--Before a public utility engaged in a railroad
     business disposes of real property previously used as a roadbed
     right-of-way, it must notify the county, city, borough,
     incorporated town or township in which the real property is
     located, and it must notify the Department of Transportation,
     the Pennsylvania Game Commission, the Pennsylvania Fish and Boat
     Commission and the Department of Environmental Resources.
     Notifications shall be in writing.
        (b)  Procedure after notice.--
            (1)  If a municipality or any authority created by a
        municipality or group of municipalities makes an offer to
        purchase the real property within 60 days of receiving notice
        under subsection (a), the public utility shall accept or
        reject the offer.
            (2)  If a municipality or any authority created by a
        municipality or group of municipalities does not make an
        offer to purchase the real property within 60 days of
        receiving notice under subsection (a) or if the public
        utility rejects the offer of a municipality, the
        administrative agencies specified in subsection (a) have 60
        days to decide on making an offer for the real property. If
        an administrative agency makes an offer under this paragraph,
        the public utility shall consider the offer and make a
        decision on the offer before making other disposition of the
        property. If more than one administrative agency makes an
        offer, the public utility shall consider the offers in the
        following order: the Department of Transportation, the
        Department of Environmental Resources, the Pennsylvania Game
        Commission and the Pennsylvania Fish and Boat Commission.
        * * *
        Section 5.  This act shall apply as follows:
            (1)  The amendment of 30 Pa.C.S. § 2701(b) shall apply to
        senior resident fishing licenses and senior resident lifetime
        fishing licenses sold on or after the effective date of this
        act.
            (2)  The amendment of 30 Pa.C.S. § 2702 shall apply to
        nonresident and tourist licenses sold for the license year
        beginning January 1, 1993.
        Section 6.  This act shall take effect immediately.

     APPROVED--The 19th day of March, A. D. 1992.

     ROBERT P. CASEY