2022 Pennsylvania Consolidated & Unconsolidated Statutes
Title 30 - FISH
Chapter 3 - Pennsylvania Fish and Boat Commission
Section 322.1 - Power to set fees
(a) Authority.--
(1) Beginning July 1, 2021, the commission, in accordance with paragraph (2), may change or set the fees provided under any of the following:
(i) Section 502 (relating to service charge for uncollectible checks).
(ii) Section 2715(a)(1), (2), (3), (4), (5), (6), (6.1), (6.2) and (7), (a.1)(1), (4) and (5) and (b) (relating to license, permit and issuing agent fees).
(iii) Section 2902 (relating to net permits).
(iv) Section 2903 (relating to boat and net licenses for boundary lakes).
(v) Section 2906 (relating to permits for use of explosives).
(vi) Section 3102 (relating to fees).
(vii) Section 3509 (relating to obstructing migration of fish).
(viii) Section 5104 (relating to fees).
(ix) Section 5304 (relating to issuing agents).
(x) Section 5327 (relating to fees).
(xi) Section 5334 (relating to notice for boats and related equipment).
(2) A change or setting of a fee under this subsection shall be done as follows:
(i) The commission shall publish a notice of proposed rulemaking containing the proposed fee change in accordance with section 201 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law. The commission shall give at least 30 days for the submission of written comments and shall hold at least one public hearing on the proposed change.
(ii) Prior to adoption of a final-form regulation containing a fee change, the commission shall review and consider public comments and may modify the text of the final-form regulation as the commission deems necessary under section 202 of the Commonwealth Documents Law.
(iii) After adoption of a final-form regulation containing a fee change, the commission shall submit the final-form regulation, copies of all public comments and the transcript of the public hearing to the Game and Fisheries Committee of the Senate and the Game and Fisheries Committee of the House of Representatives.
(iv) Either committee under subparagraph (iii) may report a concurrent resolution recommending disapproval of the fee change within 30 days of the submission under subparagraph (iii) or within 10 legislative session days, whichever is later. If neither committee reports a concurrent resolution recommending disapproval within the time prescribed in this subparagraph, the fee change shall be deemed approved.
(v) If either committee reports a concurrent resolution under subparagraph (iv) and the General Assembly does not adopt the concurrent resolution within 30 days of the date that the concurrent resolution is reported or within 10 legislative days, whichever is later, the fee change shall be deemed approved.
(vi) If the General Assembly adopts a concurrent resolution under subparagraph (iv) within 30 days of the date that the concurrent resolution is reported or within 10 legislative session days, whichever is later, the following shall apply:
(A) The concurrent resolution shall be presented to the Governor in accordance with section 9 of Article III of the Constitution of Pennsylvania.
(B) If the Governor does not veto the concurrent resolution of the General Assembly within 10 days after the resolution is presented, the fee change shall be deemed disapproved.
(C) If the Governor vetoes the concurrent resolution within 10 days after the resolution is presented, the General Assembly may override the veto by a two-thirds vote in each house within 30 days after the veto or within 10 legislative session days, whichever is later. If the General Assembly does not override the veto within the time prescribed in this clause, the fee change shall be deemed approved. If the General Assembly overrides the veto within the time prescribed in this clause, the fee change shall be deemed disapproved.
(vii) If the fee change is deemed approved under subparagraph (iv), (v) or (vi)(C), the commission shall:
(A) submit the final-form regulation containing the fee change to the Office of Attorney General for approval as to the legality; and
(B) publish an order adopting the final-form regulation containing the fee change and deposit a copy of the final-form regulation with the Legislative Reference Bureau in accordance with section 207 of the Commonwealth Documents Law.
(b) Expiration.--Subsection (a) shall expire July 15, 2025. Upon expiration, final-form regulations promulgated under subsection (a)(2)(vii)(B) shall remain in effect.
(c) Notice.--The commission shall provide notice of any change of a fee and shall submit to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin the change of the fee and post it on the commission's publicly accessible Internet website.
(July 10, 2020, P.L.604, No.56, eff. imd.)
2020 Amendment. Act 56 added section 322.1.
Cross References. Section 322.1 is referred to in sections 502, 2715, 2902, 2903, 2906, 3102, 3509, 5104, 5304, 5327, 5334 of this title.
