THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HALUSKA, D. COSTA, GEIST, GERGELY, GINGRICH, GODSHALL, GOODMAN, HANNA, HESS, KOTIK, KULA, LONGIETTI, MAHONEY, MURT, PALLONE, SIPTROTH, STABACK AND WALKO, MARCH 17, 2009

AS REPORTED FROM COMMITTEE ON GAME AND FISHERIES, HOUSE OF REPRESENTATIVES, AS AMENDED, JULY 13, 2009   

AN ACT

Amending Title 34 (Game) of the Pennsylvania Consolidated

Statutes, further providing for the definition of "bow" and

for disabled person permits.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "bow" in section 102 of Title

34 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 the meanings given to them in this

section unless the context clearly indicates otherwise:

* * *

"Bow."  A weapon which propels an arrow, is hand-held, hand-

drawn, held in the drawn position by hand or by a hand-held

mechanical device and released by hand. The term [shall not be

construed or interpreted to mean or include what is commonly

known as a cross-bow] includes devices held in place by a brace

secured around the body of the hunter or is triggered with the

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aid of a mechanical device. The term also includes the crossbow

which, when used for hunting deer, bear or turkey, shall have a

draw weight of no less than 125 pounds and shall use arrows

tipped with broadheads of a cutting edge design.

* * *

Section 2.  Section 2923 of Title 34 is amended to read:

§ 2923.  Disabled person permits.

(a)  Use of vehicle as a blind.--

(1)  Unless further restricted by commission regulation,

a lifetime permit to hunt from a stationary vehicle may be

issued to a person with permanent disabilities who qualified

for a hunting license pursuant to Chapter 27 (relating to

hunting and furtaking licenses) or who possesses a junior

resident license under section 2705(2) (relating to classes

of licenses) and who meets any of the following requirements:

(i)  Has a permanent or irreversible physical

disability and is unable to ambulate and requires a

wheelchair, walker, one leg brace or external prosthesis

above the knee, two leg braces or external prostheses

below the knees, two crutches or two canes for mobility.

(ii)  Suffers significantly from lung disease to the

extent that forced expiratory volume for one second when

measured by spirometry is less than one liter or the

arterial oxygen tension (po) is less than 60 millimeters

of mercury on room air at rest. This subparagraph would

also apply to someone who is oxygen dependent 24 hours a

day, seven days a week.

(iii)  Suffers significantly from cardiovascular

disease to the extent that functional limitations are

classified in severity as class 3 or 4 according to the

current standards accepted by the American Heart

Association and where ordinary physical activity results

in fatigue, palpitation, dyspnea or anginal pain.

(iv)  Has a disability or combination of disabilities

creating a minimum impairment of function of or

equivalent to no less than 90% loss of function in one

leg or no more than 10% maximal functional use in one leg

regardless of the functional level of the other leg.

(2)  Unless further restricted by commission regulation,

a permit to hunt from a stationary vehicle may be issued to a

person who qualified for a hunting license pursuant to

Chapter 27 and presents an affidavit and doctor's certificate

stating the applicant has a temporary disability that

restricts mobility or ambulation of any distance due to

illness or injury and operative procedures and who either has

a leg, hip or back or any part thereof casted by a licensed

physician due to a fracture or has leg, hip or back surgery.

This permit is only valid for the license year in which

issued.

(3)  Permittees shall carry the permit upon their person

while hunting. Any person named on this permit may hunt while

using an automobile or other vehicle as a blind. The

permittee shall not use the vehicle to flush or locate game.

The vehicle may be used only as a blind or platform from

which to shoot. The firearm shall be unloaded at all times

while the vehicle is in motion.

(4)  Any person who possesses a junior resident license

under section 2705(2) and otherwise qualifies for a disabled

person permit must comply with section 2711(a)(8) (relating

to unlawful acts concerning licenses). Any parent or person

18 years of age or older serving in loco parentis or as

guardian or some other family member 18 years of age or older

shall not use a vehicle as a blind unless that person meets

the requirements of this section.

(b)  Regulated hunting grounds.--A permit may be issued to

hunt on a regulated hunting ground to any person who presents a

doctor's certificate showing that the person is physically

unable to walk for an extended period of time, authorizing him

to hunt for, pursue and kill from an automobile or other vehicle

on regulated hunting grounds those species of game authorized

for release on such areas, subject to rules and regulations

prescribed by the commission. The permittee shall carry the

permit while hunting on regulated hunting grounds.

[(c)  Bow and arrow or crossbow.--A lifetime permit shall be

issued to any person who presents a doctor's certificate showing

that the person is, because of a permanent physical condition,

unable to hunt with a conventional bow and arrow. A temporary

permit shall be issued to a person who presents a doctor's

certificate showing that the person is, because of a temporary

physical condition, unable to hunt with a conventional bow and

arrow. A temporary permit issued under this subsection shall be

valid only for the license year for which the permit is issued.

The lifetime or temporary permit shall authorize the named

person to hunt by the use of:

(1)  A bow and arrow which is held in place by a brace

secured around the body of the hunter or is triggered with

the aid of a mechanical device.

(2)  A crossbow subject to the following restrictions:

(i)  When hunting deer, bear or turkey, the crossbow

must have a draw weight of not less than 125 pounds nor

more than 200 pounds.

(ii)  The arrows for the crossbow must be tipped with

broadheads of a cutting edge design.

The permittee shall carry the permit upon his person at all

times while hunting.]

(d)  Penalty.--A violation of this section is a summary

offense of the fifth degree.

Section 3.  This act shall take effect in 60 days.