SENATE AMENDED
PRIOR PRINTER'S NOS. 1575, 2741 PRINTER'S NO. 3120
No. 1356 Session of 1999
INTRODUCED BY PHILLIPS, STABACK, ALLEN, FAIRCHILD, SATHER, WILT,
GEIST, GODSHALL, GORDNER, ORIE, HESS, HENNESSEY, HASAY,
STERN, YOUNGBLOOD, BAKER, McCALL, BELFANTI AND MAJOR,
APRIL 20, 1999
SENATOR HELFRICK, GAME AND FISHERIES, IN SENATE, AS AMENDED,
MARCH 14, 2000
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, further providing for unlawful taking or possession
3 of game or wildlife, FOR CERTAIN MANDATORY HUNTER EDUCATION <--
4 REQUIREMENTS and for the issuance of various licenses and
5 disabled person permits.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 SECTION 1. SECTIONS 2307(E)(1), 2705 AND 2923(C) OF TITLE 34 <--
9 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
10 SECTION 1. SECTIONS 929(A) AND (A.1), 2307(E)(1), 2522(F), <--
11 2704(D), 2705 AND 2923(C) OF TITLE 34 OF THE PENNSYLVANIA
12 CONSOLIDATED STATUTES ARE AMENDED TO READ:
13 § 929. REVOCATION OR DENIAL OF LICENSE, PERMIT OR REGISTRATION.
14 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN THIS
15 TITLE, ANY HUNTING OR FURTAKING LICENSE, SPECIAL LICENSE OR
16 PERMIT OR REGISTRATION GRANTED UNDER THE AUTHORITY OF THIS TITLE
17 MAY BE REVOKED BY THE COMMISSION WHEN THE HOLDER OF THE LICENSE,
1 PERMIT OR REGISTRATION IS CONVICTED OF AN OFFENSE UNDER THIS
2 TITLE OR HAS ACTED CONTRARY TO THE INTENT OF THE LICENSE,
3 SPECIAL LICENSE, REGISTRATION OR PERMIT, WITH EACH OFFENSE
4 CONSTITUTING A SEPARATE VIOLATION SUBJECT TO SEPARATE
5 REVOCATION. THE COMMISSION MAY REFUSE TO GRANT TO THAT PERSON
6 ANY NEW LICENSE, SPECIAL LICENSE OR PERMIT OR REGISTRATION AND
7 MAY DENY ANY PRIVILEGE GRANTED BY THESE DOCUMENTS FOR A PERIOD
8 NOT EXCEEDING FIVE YEARS UNLESS OTHERWISE PROVIDED IN THIS
9 TITLE. [A PERSON WHOSE LICENSE, PERMIT OR REGISTRATION IS
10 REVOKED OR SUSPENDED UNDER A PROVISION OF THIS TITLE REQUIRING
11 MANDATORY REVOCATION OR SUSPENSION MUST, IN ORDER TO OBTAIN
12 RESTORATION, PRESENT EVIDENCE OF THE SUCCESSFUL COMPLETION OF A
13 HUNTER EDUCATION COURSE UNDER SECTION 2704(B) (RELATING TO
14 ELIGIBILITY FOR LICENSE) TAKEN SUBSEQUENT TO THE PERIOD OF
15 REVOCATION.]
16 (A.1) [HUNTER] REMEDIAL HUNTER EDUCATION COURSE.--A PERSON
17 WHOSE PRIVILEGE TO HUNT WITH OR WITHOUT A LICENSE ANYWHERE IN
18 THIS COMMONWEALTH IS REVOKED OR SUSPENDED UNDER A PROVISION OF
19 THIS TITLE REQUIRING MANDATORY REVOCATION OR SUSPENSION SHALL,
20 IN ORDER TO OBTAIN RESTORATION, PRESENT EVIDENCE OF THE
21 SUCCESSFUL COMPLETION OF A REMEDIAL HUNTER EDUCATION COURSE
22 [UNDER SECTION 2704(B) TAKEN SUBSEQUENT TO EACH PERIOD OF
23 REVOCATION OR SUSPENSION.] AS PROVIDED BY THE DIRECTOR AND
24 APPROVED BY THE COMMISSION PRIOR TO OBTAINING A LICENSE. THIS
25 COURSE MAY BE TAKEN NO EARLIER THAN THREE MONTHS PRIOR TO THE
26 END OF THE PERIOD OF REVOCATION. THE COMMISSION SHALL PROMULGATE
27 REGULATIONS ESTABLISHING THE CURRICULUM, ADMINISTRATION AND ANY
28 ASSOCIATED FEES OF SUCH A REMEDIAL COURSE WHICH FEES SHALL BEAR
29 A REASONABLE RELATIONSHIP TO THE COSTS OF PROVIDING THE COURSE
30 AND THE COURSE MATERIALS.
19990H1356B3120 - 2 -
1 * * *
2 § 2307. Unlawful taking or possession of game or wildlife.
3 * * *
4 (e) Penalties.--A violation of this section relating to:
5 (1) Threatened or endangered species is a misdemeanor of
6 the [third] second degree.
7 * * *
8 § 2522. SHOOTING AT OR CAUSING INJURY TO HUMAN BEINGS. <--
9 * * *
10 (F) MANDATORY REMEDIAL HUNTER EDUCATION.--ANY PERSON WHOSE
11 PRIVILEGE TO HUNT OR TAKE GAME IS SUSPENDED UNDER SUBSECTION (C)
12 SHALL, PRIOR TO OBTAINING A LICENSE AFTER THE PERIOD OF
13 SUSPENSION, PRESENT EVIDENCE OF THE SUCCESSFUL COMPLETION OF A
14 REMEDIAL HUNTER EDUCATION COURSE [AS PRESCRIBED IN SECTION
15 2704(B) (RELATING TO ELIGIBILITY FOR LICENSE) TAKEN SUBSEQUENT
16 TO EACH SUSPENSION OF THE LICENSE] AS PROVIDED BY THE DIRECTOR
17 AND APPROVED BY THE COMMISSION.
18 * * *
19 § 2704. ELIGIBILITY FOR LICENSE.
20 * * *
21 (D) DUTIES OF COMMISSION.--
22 (1) THE COMMISSION SHALL PROVIDE FOR A COURSE OF
23 INSTRUCTION, APPROVED BY THE DIRECTOR, IN THE SAFE AND
24 ETHICAL UTILIZATION OF FIREARMS AND TRAPS OR OTHER DEVICES
25 USED FOR TAKING FURBEARERS. THE COMMISSION MAY COOPERATE WITH
26 ANY REPUTABLE ASSOCIATION OR ORGANIZATION IN PRESENTATION OF
27 THIS COURSE.
28 (2) THE COMMISSION MAY DESIGNATE ANY PERSON WHO THE
29 COMMISSION DETERMINES TO BE COMPETENT TO GIVE INSTRUCTION IN
30 THE HANDLING OF FIREARMS, TRAPS OR OTHER DEVICES TO ACT AS AN
19990H1356B3120 - 3 -
1 INSTRUCTOR. THE APPOINTED PERSON SHALL GIVE THE COURSE OF
2 INSTRUCTION AND SHALL ISSUE TO EACH PERSON WHO SUCCESSFULLY
3 COMPLETES THE COURSE OF INSTRUCTION A CERTIFICATE OF TRAINING
4 IN THE HANDLING OF FIREARMS, TRAPS OR OTHER DEVICES. NO
5 CHARGE SHALL BE MADE FOR THE COURSE OF INSTRUCTION, EXCEPT
6 [FOR MATERIALS OR AMMUNITION CONSUMED] AS MAY BE PROVIDED BY
7 THIS TITLE OR BY REGULATIONS PROMULGATED UNDER THIS TITLE.
8 (3) THE COMMISSION SHALL FURNISH INFORMATION ON THE
9 REQUIREMENTS OF THE FURTAKER'S EDUCATION PROGRAM WHICH SHALL
10 BE DISTRIBUTED, FREE OF CHARGE, TO APPLICANTS FOR FURTAKER
11 LICENSES BY THE PERSONS APPOINTED AND AUTHORIZED TO ISSUE THE
12 LICENSES.
13 (4) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
14 THOSE PERSONS UNDER 12 YEARS OF AGE WHO TRAP FURBEARERS UNDER
15 THE DIRECT SUPERVISION OF AN ADULT LICENSED FURTAKER 18 YEARS
16 OF AGE OR OLDER.
17 * * *
18 § 2705. Classes of licenses.
19 Unless otherwise provided, any person wishing to exercise any
20 of the privileges granted by this title shall first secure the
21 applicable resident or nonresident hunting or furtaker license
22 as follows:
23 (1) Adult resident hunting licenses to residents who
24 have reached their 17th birthday but have not reached their
25 65th birthday.
26 (2) Junior resident hunting licenses to residents who
27 have reached or will reach their 12th birthday in the
28 [calendar] license year of application for a license but who
29 have not reached their 17th birthday prior to the date of the
30 application for the license and who present a written
19990H1356B3120 - 4 -
1 request, bearing the signature of a parent or guardian, for
2 the issuance of a license. The actual hunting privileges
3 granted to the holder of a junior license shall not be
4 exercised until that person in fact is 12 years of age.
5 (3) Senior resident hunting licenses or, at the option
6 of the applicant, a senior lifetime resident hunting license
7 to residents who have reached or will reach their 65th
8 birthday in the license year of the application for the
9 license. The commission shall develop, implement and
10 administer a system to provide tags, report cards and
11 applications to those residents who hold a senior lifetime
12 resident hunting license issued under this paragraph. The
13 system shall require the applicant or license holder to pay
14 any approved fee assessed by the issuing agent.
15 (4) Adult resident furtaker licenses to residents who
16 have reached their 17th birthday but have not reached their
17 65th birthday.
18 (5) Junior resident furtaker licenses to residents who
19 have reached or will reach their 12th birthday in the
20 [calendar] license year of application for a license but who
21 have not reached their 17th birthday prior to the date of the
22 application for the license and who present a written
23 request, containing the signature of a parent or guardian,
24 for the issuance of a license. The actual furtaking
25 privileges granted to the holder of a junior license shall
26 not be exercised until that person in fact is 12 years of
27 age.
28 (6) Senior resident furtaker licenses or, at the option
29 of the applicant, a senior lifetime resident furtaker license
30 to residents who have reached or will reach their 65th
19990H1356B3120 - 5 -
1 birthday in the license year of the application for the
2 license.
3 (7) Senior lifetime resident combination hunting and
4 furtaking license, including archery and muzzleloader
5 privileges, to residents who have reached or will reach their
6 65th birthday in the license year of the application for the
7 license. The commission shall develop, implement and
8 administer a system to provide tags, report cards and
9 applications to those residents who hold a senior lifetime
10 resident hunting license issued under this paragraph. The
11 system shall require the applicant or license holder to pay
12 any approved fee assessed by the issuing agent.
13 (7.1) Junior resident combination hunting and furtaker
14 license, including archery and muzzleloader privileges, to
15 residents who have reached or will reach their 12th birthday
16 in the [calendar] license year of application for a license
17 but who have not reached their 17th birthday prior to the
18 date of the application for the license and who present a
19 written request, containing the signature of a parent or
20 guardian, for the issuance of a license. The actual
21 privileges granted to the holder of a junior resident
22 combination license shall not be exercised until that person
23 in fact is 12 years of age.
24 (8) Adult nonresident hunting licenses to all
25 nonresidents of 17 years of age or older.
26 (9) Junior nonresident hunting licenses to all
27 nonresidents who have reached or will reach their 12th
28 birthday in the [calendar] license year of application for a
29 license but who have not reached their 17th birthday prior to
30 the date of the application for the license and who present a
19990H1356B3120 - 6 -
1 written request, bearing the signature of a parent or
2 guardian, for the issuance of a license. The actual hunting
3 privileges granted to the holder of a junior license shall
4 not be exercised until that person in fact is 12 years of
5 age.
6 (10) Adult nonresident furtaker licenses to nonresidents
7 of 17 years of age or older.
8 (11) Junior nonresident furtaker licenses to
9 nonresidents who have reached or will reach their 12th
10 birthday in the [calendar] license year of application for a
11 license but who have not reached their 17th birthday prior to
12 the date of the application for the license and who present a
13 written request, containing the signature of a parent or
14 guardian, for the issuance of a license. The actual furtaking
15 privileges granted to the holder of a junior license shall
16 not be exercised until that person in fact is 12 years of
17 age.
18 (11.1) Junior nonresident combination hunting and
19 furtaker license, including archery and muzzleloader
20 privileges, to nonresidents who have reached or will reach
21 their 12th birthday in the [calendar] license year of
22 application for a license but who have not reached their 17th
23 birthday prior to the date of the application for the license
24 and who present a written request, containing the signature
25 of a parent or guardian, for the issuance of a license. The
26 actual privileges granted to the holder of a junior
27 nonresident combination license shall not be exercised until
28 that person in fact is 12 years of age.
29 (12) Seven-day nonresident small game license to persons
30 eligible to procure a nonresident hunting license. The
19990H1356B3120 - 7 -
1 license shall be valid for a period of seven consecutive
2 days. The holder of the license shall be entitled to hunt
3 for, take or kill crows and small game.
4 (13) Antlerless deer licenses, bear licenses, archery
5 licenses, muzzleloader licenses and any other license
6 required to insure just and proper administration of this
7 title and sound game or wildlife conservation to eligible
8 persons, subject to the regulations, requirements and
9 conditions which the commission shall establish. Any such
10 license shall be made available to residents serving on
11 active duty in the armed forces of the United States or in
12 the United States Coast Guard without regard to quota
13 limitations or application deadlines.
14 (14) Migratory game bird licenses for hunting all
15 migratory game birds to eligible persons, subject to the
16 regulations, requirements and conditions which the commission
17 shall establish. Any such license shall be made available to
18 residents serving on active duty in the armed forces of the
19 United States or in the United States Coast Guard without
20 regard to quota limitations or application deadlines.
21 § 2923. Disabled person permits.
22 * * *
23 (c) Bow and arrow or crossbow.--A permit shall be issued to
24 any person who presents a doctor's certificate showing that the
25 person is, because of a permanent or temporary physical
26 condition, unable to hunt with a conventional bow and arrow,
27 authorizing that person to hunt by the use of:
28 (1) A bow and arrow which is held in place by a brace
29 secured around the body of the hunter or is triggered with
30 the aid of a mechanical device.
19990H1356B3120 - 8 -
1 (2) A crossbow subject to the following restrictions:
2 (i) When hunting deer, bear or turkey, the crossbow
3 must have a draw weight of not less than 125 pounds nor
4 more than 200 pounds.
5 (ii) The arrows for the crossbow must be tipped with
6 broadheads of a cutting edge design.
7 ANY PERMIT ISSUED UNDER THIS SUBSECTION SHALL BE VALID ONLY FOR <--
8 THE LICENSE YEAR FOR WHICH THE PERMIT IS ISSUED. The permittee
9 shall carry the permit upon his person at all times while
10 hunting. To the extent that it authorizes the issuance of
11 permits based upon temporary disability, this subsection shall
12 expire on December 31, 2002 JUNE 30, 2003, unless legislation is <--
13 enacted reauthorizing it.
14 * * *
15 Section 2. This act shall take effect as follows:
16 (1) THE AMENDMENT OF 34 PA.C.S. §§ 929(A) AND (A.1), <--
17 2522(F) AND 2704(D) SHALL TAKE EFFECT JULY 1, 2001.
18 (1) (2) The amendment of 34 Pa.C.S. § 2307(e)(1) shall <--
19 take effect immediately.
20 (2) (3) The amendment of 34 Pa.C.S. §§ 2705 and 2923(c) <--
21 shall take effect July 1, 2000.
22 (3) (4) This section shall take effect immediately. <--
D5L34RZ/19990H1356B3120 - 9 -