PRINTER'S NO. 426
No. 397 Session of 1993
INTRODUCED BY REINARD AND RYAN, FEBRUARY 10, 1993
REFERRED TO COMMITTEE ON GAME AND FISHERIES, FEBRUARY 10, 1993
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," providing for notice and a
21 hearing prior to holding a game hunt in a State park; and
22 making editorial changes.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Section 1906-A of the act of April 9, 1929
26 (P.L.177, No.175), known as The Administrative Code of 1929, is
27 amended to read:
28 [Section 1906-A. Parks.--The Department of Environmental
1 Resources shall have the power, and its duty shall be:
2 (1) To supervise, maintain, improve, regulate, police, and
3 preserve, all parks belonging to the Commonwealth;
4 (2) For the purpose of promoting healthful outdoor
5 recreation and education, and making available for such use
6 natural areas of unusual scenic beauty, especially such as
7 provide impressive views, waterfalls, gorges, creeks, caves, or
8 other unique and interesting features, to acquire, in the name
9 of the Commonwealth, by purchase, gift, lease, or condemnation,
10 any lands which, in the judgment of the department, should be
11 held, controlled, protected, maintained and utilized as State
12 park lands. Such lands may be purchased or accepted, subject to
13 the conditions of any such lease and subject to such
14 reservations, if any, of mineral rights, rights of way, or other
15 encumbrances as the department may deem not inconsistent with
16 such holdings: Provided, however, That the amount expended for
17 the acquisition of lands for State park purposes shall not
18 exceed the amount specifically appropriated for such purposes;
19 (3) To see that conveniences and facilities for the
20 transportation, shelter, comfort and education of people shall
21 be so designed and constructed as to retain, so far as may be,
22 the naturalistic appearance of State park areas, surroundings
23 and approaches, and conceal the hand of man as ordinarily
24 visible in urban, industrial and commercial activities;
25 (4) To lease for a period not to exceed ten years, on such
26 terms as may be considered reasonable, to any person,
27 corporation, association, or organization of this Commonwealth a
28 portion of any State park, whether owned or leased by the
29 Commonwealth, as may be suitable as a site for buildings and
30 facilities to be used for health, recreational or educational
19930H0397B0426 - 2 -
1 purposes, or for parking areas or concessions for the
2 convenience and comfort of the public: Provided, however, That
3 the department may, with the approval of the Governor, if a
4 substantial capital investment is involved and if it is deemed
5 in the best interests of the Commonwealth, enter into such
6 leases for a period not to exceed thirty-five years;
7 (5) To study, counsel and advise in reference to gifts of
8 lands or money for park purposes;
9 (6) To counsel and advise in reference to the development of
10 park lands by concessionaries with facilities and equipment for
11 the accommodation and education of the public;
12 (7) To appoint and commission persons to preserve order in
13 the State parks, which persons shall have all of the following
14 powers:
15 (a) To make arrests without warrant for all violations of
16 the law which they may witness, and to serve and execute
17 warrants issued by the proper authorities: Provided, however,
18 That in cases of offenses for violation of any of the provisions
19 of The Vehicle Code, the power to make arrests without warrant
20 shall be limited to cases where the offense is designated a
21 felony or a misdemeanor, or in cases causing or contributing to
22 an accident resulting in injury or death to any person;
23 (b) To have all the powers and prerogatives conferred by law
24 upon members of the police force of cities of the first class;
25 (c) To have all the powers and prerogatives conferred by law
26 upon constables of the Commonwealth;
27 (d) To serve subpoenas issued for any examination,
28 investigation or trial had pursuant to any law of the
29 Commonwealth.
30 (8) For the purpose of providing parking facilities and
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1 incidental services within the borders of any State park area
2 situate in the City of Philadelphia to lease or grant, by and
3 with the written approval of the Governor, any portion of any
4 such State park area, underground, aboveground, or both, to the
5 city or to any parking authority now or hereafter existing in
6 the city, pursuant to the provisions of the act of June 5, 1947
7 (P.L.458), known as the "Parking Authority Law," as the same may
8 now or hereafter be amended, if
9 (a) The City of Philadelphia or the parking authority agrees
10 that the lands and interests and privileges therein shall be
11 used by the city or parking authority, or any lessee or sub-
12 lessee holding under either of them, pursuant to any lease or
13 sub-lease granted by the city or parking authority as may be
14 permitted by law, to promote the establishment of parking
15 services and facilities, but portions of the street level or
16 lower floors of the parking facilities may be leased for
17 commercial use, including emergency automobile repair service
18 and the sale by the lessee of any commodity of trade or commerce
19 or any service except the sale of gasoline or automobile
20 accessories; and
21 (b) The department, with the written approval of the
22 Governor, determines that the lease or grant (i) will aid in
23 promoting the public safety, convenience and welfare of the
24 people of Philadelphia by aiding in the establishment of
25 adequate parking services for the convenience of the public and
26 otherwise promoting the public policy of the Commonwealth in
27 authorization for the creation of parking authorities, and (ii)
28 will not unduly interfere with the promotion of those public
29 objects for which the State park area was acquired and for which
30 it is held.
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1 Any lease or grant shall be upon the terms and conditions and
2 for the period or periods of time the department, with the
3 written approval of the Governor, may prescribe. The department
4 shall execute and deliver and is empowered to receive deeds or
5 other legal instruments necessary to effectuate any lease or
6 grant. All deeds and instruments shall have the prior approval
7 of the Department of Justice, and a copy thereof shall be filed
8 with the Department of Community Affairs.
9 (9) To make and execute contracts or leases in the name of
10 the Commonwealth for the mining or removal of any oil or gas
11 that may be found in a State park whenever it shall appear to
12 the satisfaction of the department that it would be for the best
13 interests of the State to make such disposition of said oil and
14 gas. Any proposed contracts or leases of oil and gas exceeding
15 one thousand dollars ($1,000) in value shall be advertised once
16 a week for three weeks in at least two newspapers published
17 nearest the locality indicated in advance of awarding such
18 contract or lease. Such contracts or leases may then be awarded
19 to the highest and best bidder who shall give bond for the
20 proper performance of the contract as the department shall
21 designate.
22 (10) To grant rights of way in and through State parks to
23 municipal authorities and political subdivisions of this
24 Commonwealth for the laying of water lines and of lines for the
25 transportation of sewage to sewage lines or sewage treatment
26 facilities on State park land, under such terms and conditions,
27 including the payment of fees, as the department may deem
28 proper, and when it shall appear that the grant of such right of
29 way will not so adversely affect the land as to interfere with
30 its usual and orderly administration and that the interests of
19930H0397B0426 - 5 -
1 the Commonwealth or its citizens will be promoted by such grant.
2 (11) To issue permits under emergency situations, upon such
3 terms and subject to such restrictions, fees and regulations as
4 the department may deem proper, for the utilization of water at
5 a State park and for constructing, maintaining and operating
6 lines of pipes upon and through a State park for the purpose of
7 conveying water therefrom, wherever it shall be in the public
8 interest to do so.]
9 Section 1906-A. Parks.--The Department of Environmental
10 Resources shall have the power, and its duty shall be:
11 (a) To supervise, maintain, improve, regulate, police and
12 preserve all parks belonging to the Commonwealth;
13 (b) For the purpose of promoting healthful outdoor
14 recreation and education and making available for such use
15 natural areas of unusual scenic beauty, especially such as
16 provide impressive views, waterfalls, gorges, creeks, caves or
17 other unique and interesting features, to acquire, in the name
18 of the Commonwealth, by purchase, gift, lease or condemnation,
19 any lands which, in the judgment of the department, should be
20 held, controlled, protected, maintained and utilized as State
21 park lands. Such lands may be purchased or accepted, subject to
22 the conditions of any such lease and subject to such
23 reservations, if any, of mineral rights, rights of way or other
24 encumbrances as the department may deem not inconsistent with
25 such holdings: Provided, however, That the amount expended for
26 the acquisition of lands for State park purposes shall not
27 exceed the amount specifically appropriated for such purposes;
28 (c) To see that conveniences and facilities for the
29 transportation, shelter, comfort and education of people shall
30 be so designed and constructed as to retain, so far as may be,
19930H0397B0426 - 6 -
1 the naturalistic appearance of State park areas, surroundings
2 and approaches and conceal the hand of man as ordinarily visible
3 in urban, industrial and commercial activities;
4 (d) To lease for a period not to exceed ten years, on such
5 terms as may be considered reasonable, to any person,
6 corporation, association or organization of this Commonwealth a
7 portion of any State park, whether owned or leased by the
8 Commonwealth, as may be suitable as a site for buildings and
9 facilities to be used for health, recreational or educational
10 purposes or for parking areas or concessions for the convenience
11 and comfort of the public: Provided, however, That the
12 department may, with the approval of the Governor, if a
13 substantial capital investment is involved and if it is deemed
14 in the best interests of the Commonwealth, enter into such
15 leases for a period not to exceed thirty-five years;
16 (e) To study, counsel and advise in reference to gifts of
17 lands or money for park purposes;
18 (f) To counsel and advise in reference to the development of
19 park lands by concessionaires with facilities and equipment for
20 the accommodation and education of the public;
21 (g) To appoint and commission persons to preserve order in
22 the State parks, which persons shall have all of the following
23 powers:
24 (1) To make arrests without warrant for all violations of
25 the law which they may witness and to serve and execute warrants
26 issued by the proper authorities: Provided, however, That in
27 cases of offenses for violation of any of the provisions of 75
28 Pa.C.S. (relating to vehicles), the power to make arrests
29 without warrant shall be limited to cases where the offense is
30 designated a felony or a misdemeanor and to cases causing or
19930H0397B0426 - 7 -
1 contributing to an accident resulting in injury or death to any
2 person;
3 (2) To have all the powers and prerogatives conferred by law
4 upon members of the police force of cities of the first class;
5 (3) To have all the powers and prerogatives conferred by law
6 upon constables of the Commonwealth;
7 (4) To serve subpoenas issued for any examination,
8 investigation or trial pursuant to any law of the Commonwealth.
9 (h) For the purpose of providing parking facilities and
10 incidental services within the borders of any State park area
11 situate in the City of Philadelphia to lease or grant, by and
12 with the written approval of the Governor, any portion of any
13 such State park area, underground, aboveground, or both, to the
14 city or to any parking authority now or hereafter existing in
15 the city, pursuant to the provisions of the act of June 5, 1947
16 (P.L.458, No.208), known as the "Parking Authority Law," as the
17 same may now or hereafter be amended, if:
18 (1) The City of Philadelphia or the parking authority agrees
19 that the lands and interests and privileges therein shall be
20 used by the city or parking authority, or any lessee or sub-
21 lessee holding under either of them, pursuant to any lease or
22 sub-lease granted by the city or parking authority as may be
23 permitted by law, to promote the establishment of parking
24 services and facilities, but portions of the street level or
25 lower floors of the parking facilities may be leased for
26 commercial use, including emergency automobile repair service
27 and the sale by the lessee of any commodity of trade or commerce
28 or any service except the sale of gasoline or automobile
29 accessories; and
30 (2) The department, with the written approval of the
19930H0397B0426 - 8 -
1 Governor, determines that the lease or grant:
2 (i) will aid in promoting the public safety, convenience and
3 welfare of the people of Philadelphia by aiding in the
4 establishment of adequate parking services for the convenience
5 of the public and otherwise promoting the public policy of the
6 Commonwealth in authorization for the creation of parking
7 authorities; and
8 (ii) will not unduly interfere with the promotion of those
9 public objects for which the State park area was acquired and
10 for which it is held.
11 Any lease or grant shall be upon the terms and conditions and
12 for the period or periods of time the department, with the
13 written approval of the Governor, may prescribe. The department
14 shall execute and deliver and is empowered to receive deeds or
15 other legal instruments necessary to effectuate any lease or
16 grant. All deeds and instruments shall have the prior approval
17 of the Department of Justice, and a copy thereof shall be filed
18 with the Department of Community Affairs.
19 (i) To make and execute contracts or leases in the name of
20 the Commonwealth for the mining or removal of any oil or gas
21 that may be found in a State park whenever it shall appear to
22 the satisfaction of the department that it would be for the best
23 interests of the State to make such disposition of said oil and
24 gas. Any proposed contracts or leases of oil and gas exceeding
25 one thousand dollars ($1,000) in value shall be advertised once
26 a week for three weeks in at least two newspapers published
27 nearest the locality indicated in advance of awarding such
28 contract or lease. Such contracts or leases may then be awarded
29 to the highest and best bidder who shall give bond for the
30 proper performance of the contract as the department shall
19930H0397B0426 - 9 -
1 designate.
2 (j) To grant rights of way in and through State parks to
3 municipal authorities and political subdivisions of this
4 Commonwealth for the laying of water lines and of lines for the
5 transportation of sewage to sewage lines or sewage treatment
6 facilities on State park land, under such terms and conditions,
7 including the payment of fees, as the department may deem
8 proper, and when it shall appear that the grant of such right of
9 way will not so adversely affect the land as to interfere with
10 its usual and orderly administration and that the interests of
11 the Commonwealth or its citizens will be promoted by such grant.
12 (k) To issue permits under emergency situations, upon such
13 terms and subject to such restrictions, fees and regulations as
14 the department may deem proper, for the utilization of water at
15 a State park and for constructing, maintaining and operating
16 lines of pipes upon and through a State park for the purpose of
17 conveying water therefrom, wherever it shall be in the public
18 interest to do so.
19 (l) To comply with the following requirements prior to
20 holding a game hunt in a State park:
21 (1) At least one hundred and fifty days prior to the
22 proposed hunt, the department shall provide notice of the
23 proposed hunt, including the date and objectives of the proposed
24 hunt and the time and place of the hearing required in clause
25 (2):
26 (i) in writing to all municipalities abutting the park;
27 (ii) in writing to all legislators representing districts
28 abutting the park; and
29 (iii) by publication in the Pennsylvania Bulletin.
30 (2) At least sixty days prior to the proposed hunt, the
19930H0397B0426 - 10 -
1 department shall hold a public hearing in a municipality
2 abutting the park for the purpose of considering alternative
3 methods of accomplishing the objectives of the proposed hunt.
4 (i) In addition to the notice provided in clause (1), notice
5 of the hearing shall be advertised at least seven days in
6 advance of the hearing in a newspaper of general circulation in
7 the area.
8 (ii) At the hearing the department shall maintain an
9 attendance roster containing a space for persons to indicate
10 their desire to receive a copy of the department's decision with
11 respect to the proposed hunt.
12 (3) At least thirty days prior to the proposed hunt, the
13 department shall hold a public meeting in a municipality
14 abutting the park for the purpose of explaining its decision
15 concerning the proposed hunt. Prior to the public meeting, the
16 department shall provide notice of the time and place of the
17 meeting and a copy of the decision and explanation to:
18 (i) all municipalities abutting the park;
19 (ii) all legislators representing districts abutting the
20 park; and
21 (iii) all persons who indicated their desire to receive a
22 copy of the decision on the attendance roster at the public
23 hearing or in writing addressed to the department.
24 Section 2. This act shall take effect in 60 days.
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