THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ALLOWAY, KASUNIC, WOZNIAK, MUSTO, VOGEL, TARTAGLIONE, PILEGGI AND O'PAKE, JANUARY 21, 2010

REFERRED TO GAME AND FISHERIES, JANUARY 21, 2010  

AN ACT

Authorizing the Commonwealth of Pennsylvania to join the

Interstate Wildlife Violator Compact; providing for the form

of the compact; imposing additional powers and duties on the

Governor and the Compact Administrator; and limiting the

applicability of suspension powers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Interstate

Wildlife Violator Compact Act.

Section 2.  Authority to execute compact.

The Governor of Pennsylvania, on behalf of this State, is

hereby authorized to execute a compact in substantially the

following form with any one or more of the states of the United

States and the General Assembly hereby signifies in advance its

approval and ratification of such compact:

Article I

Findings and Declaration of Policy and Purpose

(a)  The participating states find that:

(1)  Wildlife resources are managed in trust by the

respective states for the benefit of all residents and visitors.

(2)  The protection of the wildlife resources of a state is

materially affected by the degree of compliance with state

statutes, rules, regulations and ordinances relating to the

management of such resources.

(3)  The preservation, protection, management and restoration

of wildlife resources contributes immeasurably to the aesthetic,

recreational and economic values of a state.

(4)  Wildlife resources are valuable without regard to

political boundaries; therefore, every person should be required

to comply with wildlife preservation, protection, management and

restoration statutes, rules, regulations and ordinances of the

participating states as a condition precedent to the continuance

or issuance of any license to hunt, trap, fish or otherwise

possess wildlife.

(5)  The violation of wildlife laws interferes with the

management of wildlife resources and may endanger the safety of

people and property.

(6)  The mobility of many wildlife law violators necessitates

the maintenance of channels of communication among the

participating states.

(7)  In most instances, a person who is cited for a wildlife

violation in a state other than his home state is required to

post collateral or a bond to secure appearance for trial at a

later date, is taken into custody until the collateral or bond

is posted or is taken directly to court for an immediate

appearance.

(8)  The purpose of the aforementioned enforcement practices

is to ensure compliance with the terms of the wildlife citation

by the cited person who, if permitted to continue on his way

after receiving the citation, could return to his home state and

disregard his duty under the terms of the citation.

(9)  In most instances, a person receiving a wildlife

citation in his home state is permitted to accept the citation

from the officer at the scene of the violation and immediately

continue on his way after agreeing or being instructed to comply

with the terms of the citation.

(10)  The aforementioned enforcement practices cause

unnecessary inconvenience and, at times, a hardship for the

person who is unable at the time to post collateral, furnish a

bond, stand trial or pay a fine and thus is compelled to remain

in custody until some alternative arrangement is made.

(11)  The aforementioned enforcement practices consume an

undue amount of law enforcement time.

(b)  It is the policy of the participating states to:

(1)  Promote compliance with the statutes, rules, regulations

and ordinances relating to the management of wildlife resources

in their respective states.

(2)  Recognize the suspension of wildlife license privileges

of any person whose license privileges have been suspended by a

participating state and treat such suspension as if it occurred

in their state.

(3)  Allow a violator, except as provided in subsection (b)

of Article III of this compact, to accept a wildlife citation

and, without delay, proceed on his way regardless of his state

of residence: Provided, That the violator's home state is party

to this compact.

(4)  Report to the appropriate participating state, as

provided in the compact manual, any conviction recorded against

any person whose home state was not the issuing state.

(5)  Allow the home state to recognize and treat convictions

recorded against its residents which occurred in a participating

state as though they had occurred in the home state.

(6)  Extend cooperation to its fullest extent among the

participating states for enforcing compliance with the terms of

a wildlife citation issued in one participating state to a

resident of another participating state.

(7)  Maximize the effective use of law enforcement personnel

and information.

(8)  Assist court systems in the efficient disposition of

wildlife violations.

(c)  The purpose of this compact is to:

(1)  Provide a means through which participating states may

join in a reciprocal program to effectuate the policies

enumerated in subsection (b) of Article I of this compact in a

uniform and orderly manner.

(2)  Provide for the fair and impartial treatment of wildlife

violators operating within participating states in recognition

of the violator's right to due process and the sovereign status

of a participating state.

Article II

Definitions

Unless the context in which used clearly requires a different

meaning, as used in this compact:

(a)  "Citation" means any summons, complaint, summons and

complaint, ticket, penalty assessment or other official document

issued to a person by a wildlife officer or other peace officer

for a wildlife violation which contains an order requiring the

person to respond.

(b)  "Collateral" means any cash or other security deposited

to secure an appearance for trial in connection with the

issuance by a wildlife officer or other peace officer of a

citation for a wildlife violation.

(c)  "Compliance" with respect to a citation means the act of

answering a citation through an appearance in a court or

tribunal or through the payment of fines, costs and surcharges,

if any.

(d)  "Conviction" means a conviction, including any court

conviction, for any offense related to the preservation,

protection, management or restoration of wildlife which is

prohibited by state statute, rule, regulation or ordinance. The

term "conviction" shall also include the forfeiture of any bail,

bond or other security deposited to secure appearance by a

person charged with having committed any such offense, the

payment of a penalty assessment, a plea of nolo contendere or

the imposition of a deferred or suspended sentence by the court.

(e)  "Court" means a court of law, including any district

justice court.

(f)  "Home state" means the state of primary residence of a

person.

(g)  "Issuing state" means the participating state which

issues a wildlife citation to the violator.

(h)  "License" means any license, permit or other public

document which conveys to the person to whom it was issued, the

privilege of pursuing, possessing or taking any wildlife

regulated by statute, rule, regulation or ordinance of a

participating state.

(i)  "Licensing authority" means the governmental agency

within each participating state that is authorized by law to

issue or approve licenses or permits to hunt, trap, fish or

otherwise possess wildlife.

(j)  "Participating state" means any state which enacts

legislation to become a member of this wildlife compact.

(k)  "Personal recognizance" means an agreement by a person

made at the time of issuance of the wildlife citation that such

person will comply with the terms of the citation.

(l)  "State" means any state, territory or possession of the

United States, including the District of Columbia and the

Commonwealth of Puerto Rico.

(m)  "Suspension" means any revocation, denial or withdrawal

of any or all license privileges, including the privilege to

apply for, purchase or exercise the benefits conferred by any

license.

(n)  "Terms of the citation" means those conditions and

options expressly stated upon the citation.

(o)  "Wildlife" means all species of animals, including, but

not limited to, mammals, birds, fish, reptiles, amphibians,

mollusks and crustaceans which are defined as "wildlife" and are

protected or otherwise regulated by statute, rule, regulation or

ordinance in a participating state. Species included in the

definition of "wildlife" vary from state to state and

determination of whether a species is "wildlife" for the

purposes of this compact shall be based on the law in the

issuing state.

(p)  "Wildlife law" means any statute, rule, regulation or

ordinance developed and enacted for the management of wildlife

resources and the uses thereof.

(q)  "Wildlife officer" means any individual authorized by a

participating state to issue or file a citation for a wildlife

violation.

(r)  "Wildlife violation" means any cited violation of a

statute, rule, regulation or ordinance developed and enacted for

the management of wildlife resources and the uses thereof.

Article III

Procedures for Issuing State

(a)  When issuing a citation for a wildlife violation, a

wildlife officer shall issue a citation to any person whose

primary residence is in a participating state in the same manner

as though the person were a resident of the issuing state and

shall not require such person to post collateral to secure

appearance, subject to the exceptions noted in subsection (b) of

Article III of this compact, if the officer receives the

recognizance of such person that he will comply with the terms

of the citation.

(b)  Personal recognizance is acceptable if not prohibited by

law in the issuing state or by the compact manual and if the

violator provides adequate proof of identification to the

wildlife officer.

(c)  Upon conviction or failure of a person to comply with

the terms of a wildlife citation, the appropriate official shall

report the conviction or failure to comply to the licensing

authority of the participating state in which the wildlife

citation was issued. The report shall be made in accordance with

procedures specified by the issuing state and shall contain

information as specified in the compact manual as minimum

requirements for effective processing by the home state.

(d)  Upon receipt of the report of conviction or

noncompliance pursuant to subsection (c) of Article III of this

compact, the licensing authority of the issuing state shall

transmit to the licensing authority of the home state of the

violator the information in form and content as prescribed in

the compact manual.

Article IV

Procedures for Home State

(a)  Upon receipt of a report from the licensing authority of

the issuing state reporting the failure of a violator to comply

with the terms of a citation, the licensing authority of the

home state shall notify the violator and shall initiate a

suspension action in accordance with the home state's suspension

procedures and shall suspend the violator's license privileges

until satisfactory evidence of compliance with the terms of the

wildlife citation has been furnished by the issuing state to the

home state licensing authority. Due process safeguards shall be

accorded.

(b)  Upon receipt of a report of conviction from the

licensing authority of the issuing state, the licensing

authority of the home state shall enter such conviction in its

records and shall treat such conviction as though it occurred in

the home state for the purposes of the suspension of license

privileges.

(c)  The licensing authority of the home state shall maintain

a record of actions taken and shall make reports to issuing

states as provided in the compact manual.

Article V

Reciprocal Recognition of Suspension

(a)  All participating states shall recognize the suspension

of license privileges of any person by any participating state

as though the violation resulting in the suspension had occurred

in their state and could have been the basis for suspension of

license privileges in their state.

(b)  Each participating state shall communicate suspension

information to other participating states in form and content as

contained in the compact manual.

Article VI

Applicability of Other Laws

Except as expressly required by the provisions of this

compact, nothing herein shall be construed to affect the right

of any participating state to apply any of its laws relating to

license privileges to any person or circumstance or to

invalidate or prevent any agreement or other cooperative

arrangement between a participating state and a nonparticipating

state concerning wildlife law enforcement.

Article VII

Board of Compact Administrators

(a)  For the purpose of administering the provisions of this

compact and to serve as a governing body for the resolution of

all matters relating to the operation of this compact, a board

of compact administrators is established. The board shall be

composed of one representative from each of the participating

states to be known as the compact administrator. The compact

administrator shall be appointed by the head of the licensing

authority of each participating state and shall serve and be

subject to removal in accordance with the laws of the state he

represents. A compact administrator may provide for the

discharge of his duties and the performance of his functions as

a board member by an alternate. An alternate shall not be

entitled to serve unless written notification of his identity

has been given to the board.

(b)  Each member of the board of compact administrators shall

be entitled to one vote. No action of the board shall be binding

unless taken at a meeting at which a majority of the total

number of the board's votes are cast in favor thereof. Action by

the board shall be only at a meeting at which a majority of the

participating states are represented.

(c)  The board shall elect annually from its membership a

chairman and vice chairman.

(d)  The board shall adopt bylaws not inconsistent with the

provisions of this compact or the laws of a participating state

for the conduct of its business and shall have the power to

amend and rescind its bylaws.

(e)  The board may accept for any of its purposes and

functions under the compact any and all donations and grants of

moneys, equipment, supplies, materials and services, conditional

or otherwise, from any state and may receive, utilize and

dispose of same.

(f)  The board may contract with or accept services of

personnel from any governmental or intergovernmental agency,

individual, firm or corporation or from any private nonprofit

organization or institution.

(g)  The board shall formulate all necessary procedures and

develop uniform forms and documents for administering the

provisions of this compact. All procedures and forms adopted

pursuant to board action shall be contained in the compact

manual.

Article VIII

Entry into Compact and Withdrawal

(a)  This compact shall become effective at such time as it

is adopted in a substantially similar form by two or more

states.

(b)  (1)  Entry into the compact shall be made by resolution

of ratification executed by the authorized officials of the

applying state and submitted to the chairman of the board.

(2)  The resolution shall substantially be in the form and

content as provided in the compact manual and shall include the

following:

(A)  A citation of the authority from which the state is

empowered to become a party to this compact;

(B)  An agreement of compliance with the terms and provisions

of this compact; and

(C)  An agreement that compact entry is with all states

participating in the compact and with all additional states

legally becoming a party to the compact.

(3)  The effective date of entry shall be specified by the

applying state but shall not be less than 60 days after notice

has been given by the chairman of the board of compact

administrators or by the secretariat of the board of each

participating state that the resolution from the applying state

has been received.

(c)  A participating state may withdraw from this compact by

official written notice to each member state but withdrawal

shall not become effective until 90 days after the notice of

withdrawal is given. The notice shall be directed to the compact

administrator of each member state. No withdrawal of any state

shall affect the validity of this compact as to the remaining

participating states.

Article IX

Amendments to the Compact

(a)  This compact may be amended from time to time. Each

proposed amendment shall be presented in resolution form to the

chairman of the board of compact administrators and shall be

initiated by one or more participating states.

(b)  Adoption of an amendment shall require endorsement by

all participating states and shall become effective 30 days

after the date of the last endorsement.

(c)  Failure of a participating state to respond to the

compact chairman within 120 days after receipt of a proposed

amendment shall constitute endorsement thereof.

Article X

Construction and Severability

This compact shall be liberally construed so as to effectuate

the purposes stated herein. The provisions of this compact shall

be severable and if any phrase, clause, sentence or provision of

this compact is declared to be contrary to the constitution of

any participating state or of the United States, or the

applicability thereof to any government, agency, individual or

circumstance is held invalid, the validity of the remainder of

this compact shall not be affected thereby. If this compact

shall be held contrary to the constitution of any participating

state, the compact shall remain in full force and effect as to

the remaining states and in full force and effect as to the

participating state affected as to all severable matters.

Section 3.  When and how compact becomes operative.

When the Governor shall have executed said compact on behalf

of this State and shall have caused a verified copy thereof to

be filed with the Secretary of the Commonwealth and when said

compact shall have been ratified by one or more other states and

when the Governor certifies to the General Assembly that the

Pennsylvania Fish and Boat Commission and the Pennsylvania Game

Commission are selling all fishing, hunting or furtaker licenses

through electronic means and a copy of that certification is

filed with the Secretary of the Commonwealth, then said compact

shall become operative and effective between this State and such

other state or states. The Governor is hereby authorized and

directed to take such action as may be necessary to complete the

exchange of official documents between this State and any other

state ratifying said compact.

Section 4.  Compensation and expenses of compact administrator.

The compact administrator representing this State, as

provided for in Article VII of the Interstate Wildlife Violator

Compact, shall not be entitled to any additional compensation

for his duties and responsibilities as said administrator but

shall be entitled to reimbursement for reasonable expenses

actually incurred in connection with his duties and

responsibilities as said administrator in the same manner as for

expenses incurred in connection with other duties and

responsibilities of his office or employment.

Section 5.  Limitation on reciprocal suspension recognition.

For purposes of reciprocal recognition of suspensions under

Article V of the compact:

(1)  The Pennsylvania Fish and Boat Commission shall

report to other compact states and recognize suspensions for

offenses in other compact states that have the same elements

of the following offenses under 30 Pa.C.S. (relating to

fish):

(i)  Assault upon or interference with a conservation

officer.

(ii)  Persons sentenced as repeat offenders under 30

Pa.C.S. § 923(d) (relating to classification of offenses

and penalties) provided the repeated offenses committed

within a 12-month period include one or more summary

offenses of the first degree, misdemeanors or felonies.

(iii)  Persons convicted of fishing while under

suspension or revocation.

(iv)  Persons convicted of illegal taking of fish or

theft of fish from State hatchery waters, nursery waters

or refuge areas.

(v)  Persons convicted of illegal sale or

commercialization of fish, reptiles or aquatic organisms.

(vi)  Persons convicted of illegal use of explosives

or chemicals to take fish.

(vii)  Persons convicted of offenses related to

endangered or threatened species.

(2)  The Pennsylvania Game Commission shall report to

other compact states and recognize suspensions for offenses

in other compact states that have the same elements of the

following offenses under 34 Pa.C.S. (relating to game):

(i)  Hunting or furtaking while on revocation.

(ii)  Unlawful use of lights to take wildlife.

(iii)  Buying and selling game.

(iv)  Hunting or furtaking under the influence.

(v)  Shooting at or causing injury to a human.

(vi)  Counterfeit, alter or forge a license or tag.

(vii)  Threatened or endangered species violations.

(viii)  Assault/interference or bodily injury to a

wildlife conservation officer.

(ix)  Illegal taking or possession of big game in

closed season.

(x)  Accumulated wildlife violations for which the

penalty provided by 34 Pa.C.S. is no less than a summary

offense of the fourth degree and the violation is not the

only violation in a 24-month period.

Section 6.  Effective date.

This act shall take effect immediately.