SENATE AMENDED
PRIOR PRINTER'S NO. 93 PRINTER'S NO. 4031
No. 69 Session of 2007
INTRODUCED BY M. KELLER, BENNINGHOFF, BOYD, CALTAGIRONE,
CAPPELLI, FAIRCHILD, GEIST, GODSHALL, GOODMAN, HARRIS,
HENNESSEY, HERSHEY, HESS, MARSICO, R. MILLER, PHILLIPS,
ROHRER, SIPTROTH, SOLOBAY, STABACK, SURRA AND GINGRICH,
JANUARY 30, 2007
SENATOR McILHINNEY, GAME AND FISHERIES, IN SENATE, AS AMENDED,
JUNE 24, 2008
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, defining "mounted specimen"; and further providing
3 for buying and selling game AND FOR SAFETY ZONES. <--
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 102 of Title 34 of the Pennsylvania
7 Consolidated Statutes is amended by adding a definition to read:
8 § 102. Definitions.
9 Subject to additional definitions contained in subsequent
10 provisions of this title which are applicable to specific
11 provisions of this title, the following words and phrases when
12 used in this title shall have the meanings given to them in this
13 section unless the context clearly indicates otherwise:
14 * * *
15 "Mounted specimen." Any game or wildlife, or any portion or
16 part thereof, prepared, preserved, arranged, set up or posed in
1 a life-like position or some other form of display.
2 * * *
3 Section 2. Section 2312(c)(1) of Title 34 is SECTIONS <--
4 2312(C)(1) AND 2505(C)(2) OF TITLE 34 ARE amended to read:
5 § 2312. Buying and selling game.
6 * * *
7 (c) Exception.--
8 [(1) Nothing in this section shall be construed to
9 prevent the purchase or sale of game raised under authority
10 of a propagating permit in this Commonwealth or the capture
11 and sale of game or wildlife after securing a permit from the
12 director and payment of any fees established by the
13 commission or the purchase or sale of the tanned, cured or
14 mounted heads or skins, or parts thereof, of any game or
15 wildlife not killed in a wild state in this Commonwealth, or
16 the sale or purchase of any inedible part thereof, from game
17 or wildlife lawfully killed, if such parts are disposed of by
18 the original owner within 90 days after the close of the
19 season in which the game or wildlife was taken. Prior to
20 selling parts of game or wildlife under the provisions of
21 this subsection, all edible parts shall be removed.]
22 (1) Nothing in this section shall be construed to
23 prevent:
24 (i) The purchase or sale of game raised under the
25 authority of a propagating permit in this Commonwealth.
26 (ii) The capture and sale of game or wildlife after
27 securing a permit from the director and payment of any
28 fees established by the commission.
29 (iii) The sale of the tanned, cured or mounted heads
30 or skins, or parts thereof, of any game or wildlife not
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1 killed in a wild state in this Commonwealth.
2 (iv) The sale or purchase of any inedible part
3 thereof, from game or wildlife lawfully killed, if such
4 parts are disposed of by the original owner within 90
5 days after the close of the season in which the game or
6 wildlife was taken.
7 (v) The sale of mounted specimens by any auctioneer
8 licensed by the Commonwealth. THE COMMISSION SHALL <--
9 REQUIRE NO PERMIT FOR SUCH ACTION. ANY LICENSED
10 AUCTIONEER WHO SELLS TEN OR MORE MOUNTED SPECIMENS DURING
11 ANY ONE SALE AT A REGISTERED AUCTION HOUSE MUST REPORT
12 THOSE SALES TO THE COMMISSION WITHIN 15 DAYS OF THE
13 COMPLETION OF THE SALE.
14 * * *
15 § 2505. SAFETY ZONES. <--
16 * * *
17 (C) DEFINITION.--AS USED IN THIS SECTION, THE TERM "SAFETY
18 ZONE" MEANS:
19 * * *
20 (2) WHEN APPLIED TO PROPERLY LICENSED PERSONS HUNTING
21 WITH BOW AND ARROW OR CROSSBOW AND PERSONS PROPERLY LICENSED
22 FOR FALCONRY, THE AREA WITHIN 50 YARDS AROUND AND THAT AREA
23 WHICH IS BELOW THE HIGHEST POINT OF ANY OCCUPIED DWELLING
24 HOUSE, RESIDENCE OR OTHER BUILDING OR CAMP OCCUPIED BY HUMAN
25 BEINGS OR ANY BARN, STABLE OR OTHER BUILDING USED IN
26 CONNECTION THEREWITH AND THE AREA WITHIN 150 YARDS AROUND AND
27 THAT AREA WHICH IS BELOW THE HIGHEST POINT OF ANY ATTACHED OR
28 DETACHED PLAYGROUND OF ANY SCHOOL, NURSERY SCHOOL OR DAY-CARE
29 CENTER.
30 Section 3. This act shall take effect immediately.
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