§ 5304 — Issuing agents

(a) Designation.--The commission may designate as issuing agents the county treasurer (or in counties where, by virtue of an optional plan of government or home rule charter, there is no county treasurer, the official who performs the ordinary functions of a county treasurer) or such other persons in each county, as it deems advantageous, to provide for the issuance of boat registrations in accordance with the provisions of this subchapter.

(b) Fee.--For all services rendered in collecting and paying over registration fees, each issuing agent shall charge and retain an additional fee not exceeding $2 or as otherwise established by the commission in accordance with section 322.1 (relating to power to set fees) from the person securing the registration. If the issuing agent is a county treasurer or other official who performs that function, the fee shall be retained for the use of the county.

(c) Bond.--Every issuing agent shall give bond to the Commonwealth, in a sum determined by the executive director, before any supply of registration forms is delivered to him.

(d) Disposition of moneys.--Every issuing agent shall forward all moneys collected, along with all appropriate forms, to the commission within ten days after receipt of each and every registration. Delinquent agents are subject to a penalty of 10% per month or portion of a month on any outstanding balance of registration money due the commission which is not paid when due, which penalty shall be compounded monthly. The commission may recall the agency of any issuing agent after a delinquency period of 30 days.

(d.1) Rules and regulations.--The commission may promulgate such rules and regulations to control and supervise the issuance and transfer of boat registrations by issuing agents as it deems necessary. The commission may establish administrative fees for boat registration issuing agents. County treasurers shall be exempt from payment of any administrative fee established by the commission.

(e) Penalty.--An issuing agent violating subsection (d) commits a summary offense of the first degree. Any issuing agent violating any other provision of this section or the rules and regulations of the commission commits a summary offense of the third degree. In addition to the penalty provided in this subsection, any issuing agent violating any provision of this title may have his agency recalled in the discretion of the commission.

Legislative History

(Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; July 2, 1996, P.L.467, No.73; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Dec. 20, 2000, P.L.828, No.115, eff. imd.; July 10, 2020, P.L.604, No.56, eff. imd.) 2020 Amendment.Act 56 amended subsec. (b). 2000 Amendment.Act 115 amended subsec. (d.1). 1999 Amendment.Act 41 amended subsec. (e) and added subsec. (d.1). 1996 Amendment.Section 4(3) of Act 73 provided that the amendment of section 5304 shall take effect six months after the effective date of regulations promulgated under the authority of section 5325. Cross References.Section 5304 is referred to in section 322.1 of this title.