PRINTER'S NO. 264
No. 235 Session of 2003
INTRODUCED BY HICKERNELL, B. SMITH, TRUE, ARMSTRONG, BALDWIN,
BOYD, CREIGHTON, BAKER, BASTIAN, DeWEESE, FAIRCHILD, FORCIER,
GEIST, GEORGE, GILLESPIE, GOODMAN, HENNESSEY, HERMAN,
HERSHEY, HESS, HORSEY, KELLER, McILHATTAN, McNAUGHTON,
S. MILLER, NAILOR, PAYNE, PHILLIPS, SATHER, SAYLOR, SHANER,
SOLOBAY, STERN, THOMAS, TIGUE AND ZUG, FEBRUARY 11, 2003
REFERRED TO COMMITTEE ON GAME AND FISHERIES, FEBRUARY 11, 2003
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, further providing for the age of holders of
3 falconry permits and for disabled person permits.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2901 of Title 34 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subsection to read:
8 § 2901. Authority to issue permits.
9 * * *
10 (e) Falconry permits.--Notwithstanding the provisions of
11 subsection (a), falconry permits may be issued only to persons
12 who are residents of this Commonwealth and 16 years of age or
13 older.
14 Section 2. Section 2923(a) of Title 34 is amended to read:
15 § 2923. Disabled person permits.
16 (a) Use of vehicle as a blind.--
1 (1) Unless further restricted by commission regulation,
2 a lifetime permit to hunt from a stationary vehicle may be
3 issued to a person with permanent disabilities who qualified
4 for a hunting license pursuant to Chapter 27 (relating to
5 hunting and furtaking licenses) or who possesses a junior
6 resident license under section 2705(2) (relating to classes
7 of licenses) and who meets any of the following requirements:
8 (i) [Has paraplegia and has permanent paralysis of
9 both legs and lower parts of the body.] Has a permanent
10 or irreversible physical disability, and is unable to
11 ambulate and requires a wheelchair, walker, one leg brace
12 or external prosthesis above the knee, two leg braces or
13 external prostheses below the knees, two crutches or two
14 canes for mobility.
15 (ii) [Has hemiplegia and has permanent paralysis of
16 one leg and one arm on either side of the body.] Suffers
17 significantly from lung disease, to the extent that
18 forced expiratory volume for one second when measured by
19 spirometry is less than one liter or the arterial oxygen
20 tension (po) is less than 60 millimeters of mercury on
21 room air at rest. This subparagraph would also apply to
22 someone who is oxygen dependent 24 hours a day, 7 days a
23 week.
24 (iii) [Has both feet or one hand and one foot
25 amputated.] Suffers significantly from cardiovascular
26 disease, to the extent that functional limitations are
27 classified in severity as class 3 or 4, according to the
28 current standards accepted by the American Heart
29 Association and where ordinary physical activity results
30 in fatigue, palpitation, dyspnea or anginal pain.
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1 (iv) [Is permanently confined to a wheelchair or
2 must use crutches or a walker as a means of support to
3 pursue daily activities.] Has a disability or combination
4 of disabilities creating a minimum impairment of function
5 of or equivalent to no less than 90% loss of function in
6 one leg or no more than 10% maximal functional use in one
7 leg regardless of the functional level of the other leg.
8 [(v) Presents an affidavit and doctor's certificate
9 stating the applicant is physically unable to walk 25
10 yards off the roadway.]
11 (2) Unless further restricted by commission regulation,
12 a permit to hunt from a stationary vehicle may be issued to a
13 person who qualified for a hunting license pursuant to
14 Chapter 27 and presents an affidavit and doctor's certificate
15 stating the applicant [is unable to walk 25 yards off the
16 roadway due to a temporary injury or condition and may
17 require an external means of support to ambulate.] has a
18 temporary disability that restricts mobility or ambulation of
19 any distance due to illness or injury and operative
20 procedures and who either has a leg, hip or back, or any part
21 thereof, casted by a licensed physician due to a fracture or
22 has leg, hip or back surgery. This permit is only valid for
23 the license year in which issued.
24 (3) Permittees shall carry the permit upon their person
25 while hunting. Any person named on this permit may hunt while
26 using an automobile or other vehicle as a blind. The
27 permittee shall not use the vehicle to flush or locate game.
28 The vehicle may be used only as a blind or platform from
29 which to shoot. The firearm shall be unloaded at all times
30 while the vehicle is in motion.
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1 (4) Any person who possesses a junior resident license
2 under section 2705(2) and otherwise qualifies for a disabled
3 person permit must comply with section 2711(a)(8) (relating
4 to unlawful acts concerning licenses). Any parent or person
5 18 years of age or older serving in loco parentis or as
6 guardian or some other family member 18 years of age or older
7 shall not use a vehicle as a blind unless that person meets
8 the requirements of this section.
9 * * *
10 Section 3. This act shall take effect July 1, 2003.
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