Bill Text: PA SB1402 | 2011-2012 | Regular Session | Amended

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Bill Title: Further providing for the definition of "fishing," for organization of commission, for deputy waterways conservation officers and for volunteer program; providing for damage to property; further providing for control of property, for powers and duties of waterways conservation officers and deputies and for enforcement of other laws; providing for unlawful use of computer and for liability for conduct of another and for complicity; further providing for suspension of privileges pending payment of penalties, for misuse of property and waters, for littering, for possession and display of licenses, for lost fishing licenses, for institutional licenses, for exemptions from license requirements, for eel chute licenses, for net permits, for boat and net licenses for boundary lakes, for penalties, for fees, for boating education, for general boating regulations, for chemical testing to determine amount of alcohol or controlled substance and for period of registration; providing for unauthorized operation of boats, for permitting violations and for duties of operators involved in boating accidents; and making editorial changes.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-11-01 - Act No. 211 [SB1402 Detail]

Download: Pennsylvania-2011-SB1402-Amended.html

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PRIOR PRINTER'S NOS. 1932, 2241 PRINTER'S NO. 2415
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1402 Session of2012
INTRODUCED BY ALLOWAY, SOLOBAY, FONTANA, MENSCH, RAFFERTY, YUDICHAK, PIPPY, EICHELBERGER, KASUNIC, BOSCOLA, BRUBAKER, WOZNIAK, BAKER AND BLAKE, JANUARY 31, 2012
SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, SEPTEMBER 25, 2012
AN ACT
Amending Title 30 (Fish) of the Pennsylvania Consolidated
Statutes, further providing for the definition of "fishing,"
for organization of commission, for deputy waterways
conservation officers and for volunteer program; providing
for damage to property; further providing for control of
property, for powers and duties of waterways conservation
officers and deputies and for enforcement of other laws;
providing for unlawful use of computer and for liability for
conduct of another and for complicity; further providing for
suspension of privileges pending payment of penalties, for
misuse of property and waters, for littering, for possession
and display of licenses, for lost fishing licenses, for
institutional licenses, for exemptions from license
requirements, for eel chute licenses, for net permits, for
boat and net licenses for boundary lakes, for penalties, for
fees, for boating education, for general boating regulations,
for chemical testing to determine amount of alcohol or
controlled substance and for period of registration;
providing for unauthorized operation of boats, for permitting
violations and for duties of operators involved in boating
accidents; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "fishing" in section 102 of
Title 30 of the Pennsylvania Consolidated Statutes is amended to
read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Fishing." The act of angling, or to catch, take, kill or
remove or the attempt to catch, take, kill or remove from any
lands within or waters [or other areas] within or bordering on
this Commonwealth any fish by any means or method for any
purpose whatsoever.
* * *
Section 2. Sections 301(a), 305(a) and (b) and 327(d)(4) of
Title 30 are amended to read:
§ 301. Organization of commission.
(a) Composition.--The Pennsylvania Fish and Boat Commission
is continued as an independent administrative commission and
shall consist of ten competent citizens of this Commonwealth who
shall be appointed by the Governor by and with the advice and
consent of [two-thirds] a majority of the members elected to the
Senate for terms of eight years and until their successors are
appointed and qualified.
* * *
§ 305. Deputy waterways conservation officers.
(a) Appointment and training.--The executive director, with
the approval of the commission, may appoint deputy waterways
conservation officers to act anywhere within this Commonwealth.
Newly appointed deputy waterways conservation officers,
excluding reappointments, shall attend such training programs as
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may be required by the commission, which shall include at a
minimum:
(1) Successful completion of training and obtaining a
certificate of qualification under the act of October 10,
1974 (P.L.705, No.235), known as the Lethal Weapons Training
Act, or equivalent training as determined by the executive
director, prior to appointment.
(2) Successful completion of not less than 250 hours of
law enforcement classroom and on-the-job training.
All deputy waterways conservation officers, including
reappointments, shall attend all annual in-service training as
may be required by the commission. Persons appointed under this
section may exercise the powers of their appointments until
December 31 of each year unless their appointment is sooner
revoked, suspended or withdrawn.
(b) Compensation.--Deputy waterways conservation officers
shall not be entitled to any salary, compensation or expenses
for their services from the Commonwealth, unless [detailed in
writing for duty] authorized by the executive director of the
commission, in which case they shall receive compensation and/or
reasonable expenses in accordance with a Statewide pay scale and
standards as established by the Executive Board. [Only such
duties or assignments as are approved in advance by the
executive director or his designee shall be eligible for
compensation and/or reasonable expenses.] Deputy waterways
conservation officers are volunteers. When acting within the
scope of their official duties, deputy waterways conservation
officers shall be authorized to operate Commonwealth vehicles
and watercraft and shall be treated as employees of the
Commonwealth for the purposes of automotive and general
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liability and the act of June 2, 1915 (P.L.736, No.338), known
as the Workers' Compensation Act.
* * *
§ 327. Volunteer program.
* * *
(d) Status of volunteers.--
* * *
(4) No volunteer shall be assigned to any full-time or
wage position that is covered by any labor agreement,
presently filled, vacant or authorized in the commission.
* * *
Section 3. Title 30 is amended by adding a section to read:
§ 703. Damage to property.
It is unlawful to intentionally or recklessly destroy or
cause damage to property owned, leased or otherwise controlled
by the commission or any improvements thereon. Any person who
intentionally causes pecuniary loss in excess of $5,000 commits
a felony of the third degree. Any person who intentionally
causes pecuniary loss in excess of $1,000 commits a misdemeanor
of the second degree. Any person who intentionally or recklessly
causes pecuniary loss in excess of $500 commits a misdemeanor of
the third degree. Otherwise destroying or causing damage to
commission property or any improvements thereon is a summary
offense of the first degree.
Section 4. Sections 741(a) and 901(a)(12), (13) and (16) and
902 of Title 30 are amended to read:
§ 741. Control of property.
(a) General rule.--The entire control of all lands or waters
owned, leased or otherwise controlled shall be under the sole
direction of the commission and the commission may promulgate
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such rules and regulations for its use and protection as it
deems necessary or in the best interests of the Commonwealth.
The acquisition, use and management of such lands or waters
owned, leased or otherwise controlled by the commission shall
not be subject to regulation by counties or municipalities.
* * *
§ 901. Powers and duties of waterways conservation officers and
deputies.
(a) Waterways conservation officers.--Every waterways
conservation officer shall have the power and duty to:
* * *
(12) When [acting within the scope of their employment,
to] in the performance of their duties, pursue, apprehend or
arrest any individual suspected of violating any provision of
Title 18 (relating to crimes and offenses) or any other
offense classified as a misdemeanor or felony. They shall
also have the power to serve and execute warrants issued by
the proper authorities for offenses referred to in this
paragraph and to serve subpoenas issued for examination. All
powers as provided for in this paragraph will be limited by
such administrative procedure as the executive director, with
the approval of the commission, shall prescribe.
(13) Arrange for the administration of chemical tests of
breath, blood or urine to persons operating or in actual
physical control of watercraft for the purpose of determining
the alcoholic content of blood or the presence of a
controlled substance under section 5125 (relating to chemical
testing to determine amount of alcohol or controlled
substance), by qualified personnel of a State or local police
department, qualified waterways [patrolmen] conservation
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officers or qualified personnel of a clinical laboratory
licensed and approved by the Department of Health. A
waterways [patrolman] conservation officer may administer
chemical tests under this paragraph if he is qualified and
the executive director designates him to do so.
* * *
(16) [Operate a Commonwealth-owned and marked vehicle,
permanently or temporarily equipped with a type of flashing
or rotating red light or lights or audible device, or both,
upon any street or highway within this Commonwealth when
performing duties within the scope of employment.] Operate
any vehicle owned or leased by the Commonwealth and used for
law enforcement purposes, equipped with flashing or rotating
lights of such color and combination and audible devices as
authorized in the definition of "emergency vehicle" in 75
Pa.C.S. § 102 (relating to definitions) upon any street or
highway within this Commonwealth in the performance of their
duties. Drivers of Commonwealth-owned or Commonwealth-leased
vehicles equipped with lights and audible devices as
authorized in this subchapter may exercise the privileges and
shall be subject to the conditions as set forth in 75 Pa.C.S.
§ 3105 (relating to drivers of emergency vehicles).
* * *
§ 902. Enforcement of other laws.
All waterways [patrolmen] conservation officers and deputy
waterways [patrolmen] conservation officers are authorized to
enforce all the laws of this Commonwealth, and rules and
regulations promulgated thereunder, relating to game, parks and
forestry, under the direction of the Pennsylvania Game
Commission and of the [Department of Environmental Resources]
20120SB1402PN2415 - 6 -
Department of Conservation and Natural Resources, respectively.
Section 5. Title 30 is amended by adding sections to read:
§ 910. Unlawful use of computer.
It is unlawful to use a computer, computer network or
electronic device with the intent to falsify or forge electronic
mail transmissions, electronic transactions or other electronic
information in any manner in connection with the purchase of a
fishing license, boat registration or other commission-issued
license, permit or privilege through or into the computer
network of an electronic mail service provider, Internet service
provider or computer system of the commission and its agents.
Any person violating this section commits a misdemeanor of the
second degree.
§ 911. Liability for conduct of another; complicity.
(a) General rule.--A person is guilty of an offense under
this title if it is committed by his own conduct or by the
conduct of another person for which he is legally accountable,
or both.
(b) Conduct of another.--A person is legally accountable for
the conduct of another person when:
(1) acting with the kind of culpability that is
sufficient for the commission of the offense, he causes an
innocent or irresponsible person to engage in such conduct;
(2) he is made accountable for the conduct of such other
person by this title or by the law defining the offense; or
(3) he is an accomplice of such other person in the
commission of the offense.
(c) Accomplice defined.--A person is an accomplice of
another person in the commission of an offense if:
(1) with the intent of promoting or facilitating the
20120SB1402PN2415 - 7 -
commission of the offense, he:
(i) solicits such other person to commit it; or
(ii) aids or agrees or attempts to aid such other
person in planning or committing it; or
(2) his conduct is expressly declared by law to
establish his complicity.
(d) Culpability of accomplice.--When causing a particular
result is an element of an offense, an accomplice in the conduct
causing such result is an accomplice in the commission of that
offense, if he acts with the kind of culpability, if any, with
respect to that result that is sufficient for the commission of
the offense.
(e) Status of the actor.--In any prosecution for an offense
in which criminal liability of the defendant is based upon the
conduct of another person under this section, it is no defense
that the offense in question, as defined, can be committed only
by a particular class or classes or person, and the defendant,
not belonging to such class or classes, is for that reason
legally incapable of committing the offense in an individual
capacity.
(f) Exceptions.--Unless otherwise provided by this title or
by the law defining the offense, a person is not an accomplice
in an offense committed by another person if:
(1) he is a victim of that offense;
(2) the offense is so defined that his conduct is
inevitably incident to its commission; or
(3) he terminates his complicity prior to the commission
of the offense and:
(i) wholly deprives it of effectiveness in the
commission of the offense; or
20120SB1402PN2415 - 8 -
(ii) gives timely warning to the law enforcement
authorities or otherwise makes proper efforts to prevent
the commission of the offense.
(g) Prosecution of accomplice only.--An accomplice may be
convicted on proof of the commission of the offense and of his
complicity therein, though the person claimed to have committed
the offense has not been prosecuted or convicted or has been
convicted of a different offense or degree of offense or has an
immunity to prosecution or conviction or has been acquitted.
Section 6. Sections 929, 2501, 2503(c), 2703(a), 2704, 2708,
2709(e), 2901, 2902, 2903(b), (c) and (h), 2908, 3102, 5103(i),
5123(b), 5125(b)(2)(ii) and 5308 of Title 30 are amended to
read:
§ 929. Suspension of privileges pending payment of penalties.
All fishing and boating privileges granted by this title
shall automatically be suspended if a defendant fails to respond
to a citation or summons within 30 days or fails to pay all
penalties in full within 90 days following conviction or a
guilty plea.
§ 2501. Misuse of property and waters.
(a) General rule.--It is unlawful for any person to commit
any of the following acts in or along any waters or lands
adjacent to or contiguous to waters within or bordering on this
Commonwealth:
(1) Park or leave standing any motor vehicle or other
means of conveyance in such a manner as to obstruct the owner
or his lessee ingress, egress or regress to his property or
cattleways without the permission of the owner or lessee of
the land.
(2) Drive a motor vehicle, all terrain vehicle or other
20120SB1402PN2415 - 9 -
type of conveyance on or over any lands or waters, including
frozen waters, without the permission of the owner or lessee
of the land.
(3) Start, build, tend or abandon any open fire without
the permission of the owner or lessee of the land.
(4) Dig, cut or disturb in any manner lands, shrubs,
trees or other vegetation without the permission of the owner
or lessee of the land.
(5) Sever fences or cause any other change or damage to
public or private property without the permission of the
owner or lessee of the land.
(6) Run any vehicle, except fording in the most direct
manner, in any stream.
(7) Refuse to identify himself upon request to the owner
or the lessee of the land or waters upon which he is present.
(8) While in the act of fishing, fish in a water area or
enter a riparian area clearly marked and posted by the
commission as a no fishing zone.
(b) Penalty.--
(1) Except as provided in paragraph (2), any person
violating any of the provisions of this section commits a
summary offense of the second degree.
(2) Any person who violates subsection (a)(1), (3) [or],
(7) or (8) commits a summary offense of the third degree.
(3) Any person convicted of violations under paragraph
(1) or (2) may, in addition to any penalty imposed, have his
fishing license revoked for a period of one year.
§ 2503. Littering.
* * *
(c) Penalty.--Any person who deposits or otherwise disposes
20120SB1402PN2415 - 10 -
of a thing or substance in violation of this section which
causes or may cause damage to, or destruction of, fish commits a
summary offense of the first degree. Any person who transports
household refuse or garbage from another location and disposes
of it by leaving it on lands or waters open to fishing or
boating commits a summary offense of the second degree. Any
person who otherwise violates this section commits a summary
offense of the third degree. In addition to the penalties set
forth in section 923 (relating to classification of offenses and
penalties), an additional penalty of [$10] not less than $20 nor
more than $50 for each item or piece of litter thrown,
discarded, left, emitted or deposited in violation of this
section may be imposed on any person who is convicted or
acknowledges guilt of a violation of this section.
§ 2703. Possession and display of licenses.
(a) General rule.--No person 16 years of age or older shall
fish in any of the waters of this Commonwealth [or], in any
boundary waters or on land without first procuring the proper
license required by this chapter. The license shall be kept
about the person while fishing and shown upon the request of any
waterways conservation officer or other officer designated by
the commission. In addition to showing the license to the
officer, the holder thereof shall, upon demand, establish his
further identity to the satisfaction of the officer by producing
some other positive means of identification. The commission may
promulgate rules and regulations for the displaying of the
license certificate, license button or other device, as it deems
necessary.
* * *
§ 2704. Lost fishing licenses.
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In case a license certificate is lost or [detroyed]
destroyed, a new license may be secured from the commission or
any issuing agent [upon making affidavit to that effect and] by
paying the replacement license fee and issuing agent fee set
forth in section 2715 (relating to license and issuing fees).
§ 2708. Institutional licenses.
Any resident of this Commonwealth who is a resident patient
in a Commonwealth owned [and supported institution for mental
disability, geriatric center, tubercular hospital] or supported
medical or rehabilitation institution or county home or
hospital, [or any veteran who is] is a veteran and a patient in
a United States Government Veterans' Administration Hospital or
in a State veterans' home, or [who] is a juvenile of a State
youth development center or forestry camp, and who may benefit
from recreational fishing during the course of treatment,
rehabilitation or hospitalization [may be issued a resident
fishing license without paying a license fee] is eligible for
inclusion on an institutional license issued by the commission
to a qualifying institution at no cost. [Licenses authorized by
this section may be issued by the superintendent or chief
medical officer of the institution who shall sign an affidavit
certifying that recreational fishing may be of benefit to the
rehabilitation of the patient and that the patient is an
inpatient of the institution. The affidavits, and records of the
number and to whom the licenses were issued, shall be forwarded
to the commission on such forms as the commission shall
provide.] The commission shall establish policies and procedures
for the issuance of institutional licenses. The commission may
revoke license issuing privileges of any institution for failure
to comply with any provisions of this chapter [or], the
20120SB1402PN2415 - 12 -
regulations promulgated thereunder and the policies and
procedures established hereunder.
§ 2709. Exemptions from license requirements.
* * *
(e) [Students participating in biological field project.--A
student enrolled in a secondary or undergraduate course of
instruction shall not be required to possess a fishing license
to gather specimens while participating in an educationally
sponsored biological field project that is under the direct
supervision of a high school or accredited institution of
postsecondary education as long as the educational institution
has applied for and received the written permission of the
commission.] Participants in educational programs.--A
participant in an educational program shall not be required to
possess a fishing license while participating in the educational
program provided that the program meets the standards
established by the executive director and is under the direct
supervision of an instructor who possesses a valid fishing
license and the program sponsor has applied for and received the
written permission of the executive director.
* * *
[§ 2901. Eel chute licenses.
Upon application by any person to the commission for a
special license to catch eel by the use and operation of eel
chutes and the payment of a fee of $25, the applicant shall be
entitled to a special eel chute license which shall give him the
right to use and operate an eel chute:
(1) In the Susquehanna River below the boundary line of
the City of Pittston and Duryea Borough line on the north
branch and below the bridge at the Northumberland-Lycoming
20120SB1402PN2415 - 13 -
County line on the west branch.
(2) Below Mount Union in the Juniata River.
(3) In the Delaware River.]
§ 2902. Net permits.
The commission may issue permits to [make, sell or] use or
possess nets larger than four feet square or four feet in
diameter, or any other seine, trawl or gill net in or along
waters of this Commonwealth. The permits when issued shall
specify when and where the nets shall be used and for what
purposes by the owner or the persons in possession thereof at a
fee of $10 of the nets. <--
§ 2903. Boat and net licenses for boundary lakes.
* * *
(b) Issuance and fees.--The commission may issue a
commercial fishing license to a person who has signed and
submitted his application and paid a fee as follows:
[(5) Boats less than 60 feet in length used in fishing
with a trawl net: residents, $200; nonresidents, $400.
(6)] (1) Trap nets: residents, $80; nonresidents, $160.
[(7)] (2) Seines: residents, $50; nonresidents, $100.
[(8) Outlines: residents, $10; plus valid fishing
license; nonresidents, $20 plus valid fishing license.]
(c) Carrying and display.--The licenses shall be carried by
the operator of any boat, net or device so licensed and by each
person employed on the boat and shall be shown on demand to any
waterways [patrolman] conservation officer or other authorized
representative of the commission.
* * *
(h) Gill nets.--
[(1) On and after January 1, 1996, the] The use of gill
20120SB1402PN2415 - 14 -
nets for fishing on boundary lakes shall be prohibited.
[(2) The commission shall establish a gill net licensee
recompense program whereby persons holding 1992 licenses to
use gill nets on boundary lakes shall be recompensed as
provided in this paragraph. The amount of the payment to each
licensee shall be based on the average of the licensee's two
highest years of catches taken with gill nets for the years
1990, 1991, 1992, 1993 and 1994. The payment shall be the
product of such average catch multiplied by the average value
received for such catch as reported to the commission.]
§ 2908. Penalties.
(a) General rule.--Except as otherwise provided in this
chapter, a person engaging in any activity for which a permit or
special license is required under this chapter without acquiring
the license or permit commits a summary offense of the second
degree. [A] Except as otherwise provided in this chapter, a
person who violates any other provision of this chapter or the
regulations promulgated thereunder commits a summary offense of
the third degree.
(b) Boundary lakes.--A person engaged in any activity for
which a permit or special license under section 2903 (relating
to boat and net licenses for boundary lakes) is required without
obtaining such license or permit or who violates any provision
of section 2903 or the regulations promulgated thereunder
concerning seasons, size limits, total allowable catch, trap
nets and landing of catch commits a misdemeanor of the third
degree. A person who violates any other regulation promulgated
under section 2903 commits a summary offense of the first
degree.
§ 3102. Fees.
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(a) Class A lakes.--The annual license fee for a Class A
regulated fishing lake (except [portable trout] temporary
fishing ponds operated as regulated fishing lakes) shall be
based on the total area of fishing water on the premises to be
licensed, whether the area consists of one body of water or more
than one.
(1) Where the total area of water is less than 20 acres,
the fee shall be $100.
(2) Where the total water area is 20 acres or more but
less than 40 acres, the fee shall be $250.
(3) Where the area is 40 acres or more, the fee shall be
$500.
(b) Class B lakes.--The annual license fee for a Class B
regulated fishing lake (except [portable trout] temporary
fishing ponds operated as regulated fishing lakes) shall be
based on the total area of fishing water on the premises to be
licensed, whether the area consists of one body of water or more
than one.
(1) Where the total area of water is less than 30 acres,
the fee shall be $50.
(2) Where the total area of water is 30 acres or more,
the fee shall be $100.
(c) [Portable] Temporary fishing ponds.--
(1) [The] Except as otherwise provided in paragraph (3),
the annual license fee for a [portable trout] temporary
fishing pond which the operator seeks to operate as a Class A
regulated fishing lake shall be $200.
(2) The annual license fee for a [portable trout]
temporary fishing pond which the operator seeks to operate as
a Class B regulated fishing lake shall be $50.
20120SB1402PN2415 - 16 -
(3) The annual license fee for a temporary fishing pond
which is operated as a Class A regulated fishing lake
exclusively by or on behalf of a nonprofit sportsmen's,
conservation or charitable organization shall be $25.
§ 5103. Boating education.
* * *
(i) Other valid documentation.--
(1) In lieu of a certificate of boating safety education
issued by the Commonwealth, a certificate of boating safety
education issued [in] to a resident of another state in
accordance with criteria of the National Association of State
Boating Law Administrators is sufficient to comply with the
requirements of this section.
(2) In lieu of a certificate of boating safety education
issued by the commission, a license issued by the United
States Coast Guard is sufficient to comply with the
requirements of this section.
* * *
§ 5123. General boating regulations.
* * *
(b) Penalties.--Any person who violates a rule or regulation
promulgated under this section which the commission designates
as being for the protection of the health and safety of persons
as provided by subsection (a)(1) commits a summary offense of
the second degree. Any person who violates any other regulation
promulgated under this section commits a summary offense of the
third degree. In addition to any other penalty, any person who
is convicted or acknowledges guilt for an offense of possessing
insufficient, nonapproved or unserviceable safety equipment on a
boat, or for passengers, or persons being towed by a boat on the
20120SB1402PN2415 - 17 -
waters of this Commonwealth may be fined an additional [$20]
penalty of not less than $20 nor more than $50 for every piece
of safety equipment required that is missing, not worn when
required, not of an approved type or unserviceable.
§ 5125. Chemical testing to determine amount of alcohol or
controlled substance.
* * *
(b) Suspension for refusal.--
* * *
(2) It is the duty of the waterways conservation officer
to inform the person that:
* * *
(ii) if the person refuses to submit to chemical
testing, upon conviction or plea for violating section
5502(a)(1), the person will be subject to the penalties
provided in section [5502(c)(3)] 5502(c.1)(3).
* * *
§ 5308. Period of registration.
Registrations issued under this subchapter to owners and
dealers shall be valid from April 1 of one year to March 31 of
the succeeding year and shall be renewable. A registration for
any year shall be valid and may properly be displayed prior to
April 1 within that year. The commission may determine to issue
registrations valid for a period not to exceed three years upon
payment of a fee equal to the annual registration fee times the
number of years for which the multiple-year registration is
valid. A multiple-year registration shall be valid from April 1
of the year of its issuance until March 31 of the last year of
its validity, but a multiple-year [license] registration issued
prior to April 1 of any year is valid and may be displayed at
20120SB1402PN2415 - 18 -
any time within that year. The commission may, by regulation,
provide for the transfer of multiple-year registrations upon the
sale or conveyance of a boat upon payment of the fee provided in
section 5104(8) (relating to fees).
Section 7. Title 30 is amended by adding sections to read:
§ 5505. Unauthorized operation of boats.
(a) Consent required.--It is unlawful for a person to
operate the boat of another without the consent of the owner.
(b) Defense.--It is a defense to prosecution under this
section that the operator reasonably believed that the owner
would have consented to the operation had the owner known of it.
(c) Penalty.--Any person violating this section commits a
summary offense of the first degree.
§ 5506. Permitting violations.
(a) Offense.--It is unlawful for a person to authorize or
knowingly permit a boat owned by him or under his control to be
operated in violation of any of the provisions of this title.
(b) Penalty.--Any person violating this section commits a
summary offense of the first degree. If the operator of the boat
is convicted under section 5502 (relating to operating
watercraft under influence of alcohol or controlled substance),
5502.1 (relating to homicide by watercraft while operating under
influence) or 5502.2 (relating to homicide by watercraft), the
person violating this section shall also be subject to
revocation under section 928 (relating to revocation, suspension
or denial of license, permit or registration).
§ 5507. Duties of operators involved in boating accidents.
(a) General rule.--The operator of a watercraft involved in
an accident shall immediately stop the watercraft at the scene
of the accident or as close thereto as possible. Every stop
20120SB1402PN2415 - 19 -
shall be made without obstructing the safe navigation of other
watercraft more than is necessary.
(b) Duty to give information.--The operator of a watercraft
involved in an accident resulting in injury to or death of a
person or damage to property shall give his name, address and
the registration number of his watercraft to an officer
authorized to enforce this title, the operator or occupants of
any other watercraft involved in the accident and a person who
owns or is in control of any property damaged in the accident.
(c) Duty to render aid.--The operator of a watercraft
involved in an accident involving injury or death shall render
reasonable assistance to a person injured in the accident if the
operator can reasonably do so without endangering persons or
property.
(d) Duty to remain at or near scene.--The operator of a
watercraft involved in a watercraft accident involving injury to
or death of a person or damage to property other than the
operator's watercraft or other property contained therein shall
remain at or near the scene of the accident until he has
fulfilled the duties described in subsection (b) if the operator
can reasonably do so without obstructing navigation of other
watercraft or endangering persons or property. When
circumstances make it clearly impractical to remain at or near
the scene of the accident on the water, the operator may fulfill
the requirements of this subsection by going to shore at a
location near the scene of the accident.
(e) Penalties.--
(1) Except as otherwise provided in this section, any
person violating this section commits a misdemeanor of the
first degree.
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(2) If a victim of an accident dies, any person
violating subsection (d) commits a felony of the third
degree.
Section 8. This act shall take effect in 60 days.
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