CORRECTIVE REPRINT
                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 663, 1335, 1442,         PRINTER'S NO. 1740
        1709

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 585 Session of 1985


        INTRODUCED BY LETTERMAN, DIETZ, GODSHALL, BOWLEY, STABACK,
           PHILLIPS, GRUPPO, CARLSON AND FOX, MARCH 18, 1985

        SENATOR RHOADES, GAME AND FISHERIES, IN SENATE, AS AMENDED,
           JUNE 11, 1985

                                     AN ACT

     1  Amending the act of June 3, 1937 (P.L.1225, No.316), entitled
     2     "An act concerning game and other wild birds and wild
     3     animals; and amending, revising, consolidating, and changing
     4     the law relating thereto," reclassifying the raccoon as a
     5     fur-bearing animal; increasing certain license fees; AND       <--
     6     establishing additional licenses for certain hunting and
     7     trapping activities; and requiring annual appropriations.      <--

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  The definitions of "game animals" and "fur-
    11  bearing animals" in section 101 of the act of June 3, 1937
    12  (P.L.1225, No.316), known as The Game Law, amended March 22,
    13  1974 (P.L.201, No.41), are amended to read:
    14     Section 101.  Definitions.--* * *
    15     The term "game animals" shall include: (a) the wapiti or elk,
    16  (b) the deer, (c) the bear, (d) the wild rabbit and hare, (e)
    17  the red, gray, black and fox squirrel, [(f) the raccoon,] (g)
    18  the woodchuck, commonly known as groundhog, and (h) the bobcat

     1  or wildcat.
     2     * * *
     3     Except as modified by the [resolutions] regulations of the
     4  commission, the term "fur-bearing animals" shall include: (a)
     5  the mink, (b) the muskrat, (c) the opossum, (d) the otter, (e)
     6  the skunk, commonly called polecat, [and] (f) the beaver, and
     7  (g) the raccoon.
     8     * * *
     9     Section 2.  The act is amended by adding sections to read:
    10     Section 301.2.  Furtaker's Certificate of Training.--(a)  No
    11  resident or nonresident furtaker's license shall be issued to
    12  any applicant unless the applicant presents to the agent
    13  authorized to issue such license either (i) evidence that the
    14  applicant has held a trapping or furtaker's license issued by
    15  another state or nation, or (ii) a certificate of training
    16  issued under this section, or (iii) a certification signed by
    17  the applicant on the furtaker's license application that the
    18  applicant completed a voluntary trapping course sponsored by the
    19  commission or that the applicant has previously trapped within
    20  the last five years.
    21     (b)  The commission shall provide for a course of
    22  instruction, approved by the director, in the safe utilization
    23  of firearms and traps or other devices used for taking
    24  furbearers. The commission may cooperate with any reputable
    25  association or organization in presentation of this course.
    26     (c)  The commission may designate any person found by it to
    27  be competent to give instruction in the handling of firearms,
    28  traps or other devices to act as an instructor. A person so
    29  appointed shall give such course of instruction, and upon the
    30  successful completion thereof shall issue to the person
    19850H0585B1740                  - 2 -

     1  instructed a certificate of training in the handling of
     2  firearms, traps or other devices. No charge shall be made for
     3  such course of instruction, except for materials or ammunition
     4  consumed.
     5     (d)  The commission shall furnish information on the
     6  requirements of the furtaker's education program as provided
     7  herein, said information to be distributed free of charge to
     8  applicants for furtaker licenses by the persons appointed and
     9  authorized to issue such licenses.
    10     (e)  The provisions of this section shall also apply to any
    11  person under twelve years of age who takes furbearers.
    12     Section 301.3.  License Requirements and Validity.--(a)
    13  Except in defense of person or property or pursuant to
    14  exemptions authorized in this act, every person, prior to
    15  engaging in any of the privileges granted by this act and the
    16  regulations adopted thereunder, shall first obtain the
    17  applicable license subject to any conditions or other
    18  requirements imposed by this act or regulation adopted
    19  thereunder.
    20     (b)  Only one full term or distinct hunting or furtaking
    21  license shall be valid during any full term license year. The
    22  issuance of any replacement license or the purchase of a second
    23  or subsequent license of any class shall immediately and
    24  automatically invalidate any such class of license or special
    25  license connected therewith which had been previously issued.
    26     Section 3.  Section 302 of the act, amended July 20, 1983
    27  (P.L.55, No.28), is amended to read:
    28     Section 302.  Resident Hunting License Fees.--(a)  Each such
    29  resident as defined in sections 101 and 301, upon application
    30  made, in writing, to an agent authorized to issue such licenses
    19850H0585B1740                  - 3 -

     1  within the Commonwealth, and upon presentation of proof by the
     2  applicant that he or she is a resident of this Commonwealth as
     3  previously defined in this act by producing a current
     4  Pennsylvania motor vehicle registration card, or tax receipts
     5  evidencing payment of State income tax, earned income tax or
     6  other local taxes pursuant to the act of December 31, 1965
     7  (P.L.1257, No.511), known as "The Local Tax Enabling Act," or
     8  some other positive means of verifying residency, and the
     9  establishment of his or her identity to the satisfaction of the
    10  authority issuing the license, unless any such person has been
    11  disqualified for a license under this act in the manner
    12  hereinafter specified, and the payment to said agent or the
    13  commission of [eight dollars and fifty cents ($8.50)] twelve
    14  dollars and fifty cents ($12.50), except as hereinafter provided
    15  for certain minors and older persons, shall be entitled to a
    16  resident hunter's license [and a tag with the number of the
    17  license thereon,] which shall entitle the holder to hunt [or
    18  trap for] all wild birds and wild animals, other than fur-
    19  bearing animals, which may legally be hunted [or trapped] in
    20  this Commonwealth.
    21     (b)  Residents with the above qualifications, who are between
    22  the ages of twelve and sixteen inclusive [or who are sixty-five
    23  years of age or more] at the time of application, shall be
    24  entitled to a resident hunter's license [and tag] upon payment
    25  to said agent or the commission of[, in the case of persons
    26  sixty-five years of age or more,] five dollars and fifty cents
    27  ($5.50) [and, in the case of persons between the ages of twelve
    28  and sixteen, five dollars and fifty cents ($5.50)]. The
    29  application for the issuance of a license in such cases shall,
    30  in addition to the other information required, give the date of
    19850H0585B1740                  - 4 -

     1  birth of the applicant.
     2     (c) (1)  Residents with the qualifications set forth in
     3  subsection (a) who are sixty-five years of age or more at the
     4  time of application shall be entitled to, at the option of the
     5  applicant, either (i) an annual resident hunter's license and
     6  tag upon payment to said agent or the commission of ten dollars
     7  and fifty cents ($10.50) or (ii) a lifetime resident hunter's
     8  license and appropriate tags upon the payment to said agent or
     9  the commission of fifty dollars and fifty cents ($50.50). The
    10  application for the issuance of either license shall, in
    11  addition to the other information required, give the date of
    12  birth of the applicant.
    13     (2)  The commission shall develop, implement and administer a
    14  program to provide tags, report cards and applications to those
    15  residents who hold a lifetime license issued pursuant to
    16  (1)(ii). The program shall require the applicant or license
    17  holder to pay any approved fee assessed by the issuing agent.
    18     (d)  Any resident disabled veteran of any war whose
    19  disability consists of the loss of one or more limbs or the loss
    20  of the use of one or more limbs, or who presents a physician's
    21  certificate of total or one hundred per cent disability, and who
    22  meets the above qualifications shall be issued such license upon
    23  application to any county treasurer without the payment of the
    24  above license fee provided for the use of the Commonwealth. The
    25  application for the issuance of a license in such case shall in
    26  addition to the other information required, contain a statement
    27  that the applicant is a war veteran and that his disability was
    28  service incurred. The county treasurer may likewise require of
    29  such applicant the production of such applicant's discharge
    30  papers.
    19850H0585B1740                  - 5 -

     1     (e)  It shall be unlawful for any person to sell or attempt
     2  to sell any resident hunting license for a monetary fee in
     3  excess of the fees fixed pursuant to the provisions of this
     4  section. The sale or attempted sale of each license shall
     5  constitute a separate offense.
     6     Section 4.  The act is amended by adding a section to read:
     7     Section 302.1.  Resident Furtaker License Fee.--(a)  Each
     8  such resident as defined in sections 101 and 301, upon
     9  application made, in writing, to an agent authorized to issue
    10  such licenses within this Commonwealth, and upon presentation of
    11  proof by the applicant that the applicant is a resident of this
    12  Commonwealth as previously defined in this act by producing a
    13  current Pennsylvania motor vehicle registration card, or tax
    14  receipts evidencing payment of State income tax, earned income
    15  tax or other local taxes pursuant to the act of December 31,
    16  1965 (P.L.1257, No.511), known as "The Local Tax Enabling Act,"
    17  or some other positive means of verifying residency, and the
    18  establishment of the identity of the applicant to the
    19  satisfaction of the authority issuing the license, unless any
    20  such person has been disqualified for a license under this act
    21  in the manner hereinafter specified, and the payment to said
    22  agent or the commission of twelve dollars and fifty cents
    23  ($12.50), except as hereinafter provided for certain minors and
    24  older persons, shall be entitled to a resident furtaker's
    25  license which shall entitle the holder to hunt or trap for all
    26  fur-bearing animals which may legally be hunted or trapped in
    27  this Commonwealth.
    28     (b)  Residents with the above qualifications, who are between
    29  the ages of twelve and sixteen inclusive at the time of
    30  application, shall be entitled to a resident furtaker's license
    19850H0585B1740                  - 6 -

     1  upon payment to said agent or the commission of five dollars and
     2  fifty cents ($5.50). The application for the issuance of a
     3  license in such cases shall, in addition to the other
     4  information required, give the date of birth of the applicant.
     5     (c)  Residents with the qualifications set forth in
     6  subsection (a) who are sixty-five years of age or more at the
     7  time of application shall be entitled to an annual resident
     8  furtaker's license upon payment to said agent or the commission
     9  of ten dollars and fifty cents ($10.50). The application for the
    10  issuance of either license shall, in addition to the other
    11  information required, give the date of birth of the applicant.
    12     (d)  Any resident disabled veteran of any war whose
    13  disability consists of the loss of one or more limbs or the loss
    14  of the use of one or more limbs, or who presents a physician's
    15  certificate of total or one hundred per cent disability, and who
    16  meets the above qualifications, shall be issued such license
    17  upon application to any county treasurer without the payment of
    18  the above license fee provided for the use of the Commonwealth.
    19  The application for the issuance of a license in such case
    20  shall, in addition to the other information required, contain a
    21  statement that the applicant is a war veteran and that his
    22  disability was service incurred. The county treasurer may
    23  likewise require of such applicant the production of such
    24  applicant's discharge papers.
    25     (e)  Nothing in this section shall prohibit the holder of a
    26  resident furtaker's license from using a sidearm or a rifle not
    27  larger than a .22 rimfire caliber to kill legally trapped wild
    28  animals.
    29     (f)  It shall be unlawful for any person to sell or attempt
    30  to sell any resident furtaker's license for a monetary fee in
    19850H0585B1740                  - 7 -

     1  excess of the fees fixed pursuant to the provisions of this
     2  section. The sale or attempted sale of each license shall
     3  constitute a separate offense.
     4     Section 5.  Section 303 of the act, amended July 20, 1983
     5  (P.L.55, No.28), is amended to read:
     6     Section 303.  Nonresident Hunting License Fees.--(a)  Every
     7  adult nonresident of this Commonwealth, upon application made,
     8  in writing, to any agent authorized to issue such licenses, or
     9  to the commission, unless any such person has been disqualified
    10  for a license under this act in the manner hereinafter
    11  specified, or is a resident of a state which does not issue like
    12  licenses to residents of this Commonwealth, and upon payment to
    13  said agent or commission of [sixty dollars and fifty cents
    14  ($60.50)] eighty dollars and fifty cents ($80.50) shall be
    15  entitled to the license herein designated as a Nonresident
    16  Hunter's License [and a tag with the number of the license
    17  thereon,] which shall entitle the holder to hunt for all wild
    18  birds and wild animals, other than fur-bearing animals, which
    19  may legally be hunted in this Commonwealth, until the close of
    20  the license year. [Other licenses valid for use by nonresidents
    21  shall be as follows:
    22     Nonresident trapper's license which shall be issued only upon
    23  application to the Commission in Harrisburg and which shall be
    24  effective for the same period as hunters' licenses shall entitle
    25  the holder to take through the use of traps or deadfalls only
    26  wild birds and wild animals which may legally be trapped in this
    27  Commonwealth, except beavers, three hundred fifty dollars
    28  ($350). Nothing in this clause shall be construed to prohibit
    29  the holder of a nonresident trapper's license from using a
    30  sidearm or a rifle not larger than a .22 rimfire caliber to kill
    19850H0585B1740                  - 8 -

     1  legally caught birds and animals.]
     2     (b)  Nonresidents with the qualifications in subsection (a),
     3  who are between the ages of twelve and sixteen inclusive, shall
     4  be entitled to a Nonresident Hunting License upon payment to
     5  said agent or the commission of forty dollars and fifty cents
     6  ($40.50). The application shall, in addition to other
     7  information, give the date of birth of the applicant.
     8     (c)  It shall be unlawful for any person to sell or attempt
     9  to sell any nonresident hunting license for a monetary fee in
    10  excess of the fees fixed pursuant to the provisions of this
    11  section. The sale or attempted sale of each license shall
    12  constitute a separate offense.
    13     Section 6.  The act is amended by adding sections to read:
    14     Section 303.2.  Nonresident Small Game License.--Nonresidents
    15  of this Commonwealth twelve years of age or older, upon
    16  application in writing to an authorized agent, in such form as
    17  the commission may prescribe, and upon payment to the issuing
    18  agent of fifteen dollars and fifty cents ($15.50) for the use of
    19  the issuing agent, shall be entitled to a license known as a
    20  "Five-Day Nonresident Small Game Hunting License," which shall
    21  be valid for a period of five (5) consecutive days. The holder
    22  of the license shall be entitled to hunt for, take or kill any
    23  crows or small game except wild turkeys. The license issued
    24  under this section shall not be valid on any special controlled
    25  waterfowl management area.
    26     Section 303.3.  Nonresident Furtaker License Fee.--(a)  Every
    27  nonresident of this Commonwealth, upon application made, in
    28  writing, to any agent authorized to issue such licenses, or to
    29  the commission, unless any such person has been disqualified for
    30  a license under this act in the manner hereinafter specified, or
    19850H0585B1740                  - 9 -

     1  is a resident of a state which does not issue like licenses to
     2  residents of this Commonwealth, and upon payment to said agent
     3  or commission of eighty dollars and fifty cents ($80.50) shall
     4  be entitled to the license herein designated as a Nonresident
     5  Furtaker's License which shall entitle the holder to hunt for or
     6  trap any fur-bearing animals which may legally be taken in this
     7  Commonwealth, until the close of the license year.
     8     (b)  Nonresidents with the qualifications in subsection (a),
     9  who are between the ages of twelve and sixteen inclusive, shall
    10  be entitled to a Nonresident Furtaker's License upon payment to
    11  such agent or the commission of forty dollars and fifty cents
    12  ($40.50). The application, in addition to other information,
    13  shall give the date of birth of the applicant.
    14     (c)  Nothing in this section shall prohibit the holder of a
    15  nonresident furtaker's license from using a sidearm or a rifle
    16  not larger than a .22 rimfire caliber to kill legally trapped
    17  wild animals.
    18     (d)  It shall be unlawful for any person to sell or attempt
    19  to sell any nonresident furtaker's license for a monetary fee in
    20  excess of the fees fixed pursuant to the provisions of this
    21  section. The sale or attempted sale of each license shall
    22  constitute a separate offense.
    23     Section 7.  Section 311 of the act, amended December 10, 1970
    24  (P.L.896, No.282) and July 20, 1983 (P.L.55, No.28), is amended
    25  to read:
    26     Section 311.  Agents to Collect and Remit License Fees;
    27  Reports; Compensation.--(a)  The agents designated by the
    28  commission for the collection of said license fees, for their
    29  services rendered in collecting and paying over the same, shall,
    30  as long as they continue to be agents of the commission, be
    19850H0585B1740                 - 10 -

     1  allowed to retain not to exceed the sum of fifty cents from the
     2  amount paid for each resident [hunter's] license, and not to
     3  exceed fifty cents from the amount paid for each nonresident
     4  [hunter's] license, which amount shall be for the use of the
     5  county if the issuing agent is the county treasurer, or for
     6  other issuing agents shall be full compensation for services
     7  rendered by them under the provisions of this act, such
     8  compensation to be disposed of by the respective issuing agents
     9  as may now or hereafter be provided by law. Each issuing agent
    10  other than a county treasurer shall remit all balances arising
    11  from this source within five days after the end of each month to
    12  the State Treasurer, through the commission upon a form to be
    13  supplied by the commission. All such moneys shall be placed in
    14  the Game Fund by the State Treasurer.
    15     (b)  Every agent designated to issue [hunters'] licenses,
    16  unless already under bond to cover the handling of public funds,
    17  shall give bond to the Commonwealth in such sum as shall be
    18  fixed by the commission, but not less than three thousand
    19  dollars ($3,000.00) for each place where licenses are issued
    20  before the annual supply of licenses is delivered to him. If an
    21  agent has more than one place where licenses are issued he may
    22  supply a blanket bond covering all places.
    23     (c)  Any issuing agent who shall fail to comply with any of
    24  the provisions of this act relating to [hunters'] licenses shall
    25  not be entitled to retain the sum hereinbefore fixed for his
    26  services, but such sums shall be paid to the State Treasurer,
    27  and if not so paid, may be recovered by the Commonwealth by suit
    28  in the same manner as like amounts are now by law recoverable.
    29     Section 8.  Section 312 of the act, amended July 20, 1983
    30  (P.L.55, No.28), is amended to read:
    19850H0585B1740                 - 11 -

     1     Section 312.  Replacement of Lost [Hunting] Licenses.--(a)
     2  Any holder of a [regular resident, nonresident or antlerless
     3  deer hunter's] license who shall accidentally lose the same,
     4  upon application to the commission or to [any] an issuing agent,
     5  [who after contacting the agent who issued the lost license or
     6  who, being otherwise satisfied of the validity of the claim for
     7  replacement, accompanied by a sworn statement setting forth the
     8  pertinent facts relative thereto and surrender the remaining
     9  portion, if any, of the original license, and upon payment of
    10  the fees set forth herein,] shall be entitled to a replacement
    11  license of the same kind [and value] as the original [when
    12  lost].
    13     [Fees for replacement of regular resident, nonresident or
    14  antlerless deer licenses of any description shall be as follows:
    15     (1)  Except in the case of a regular nonresident hunter's
    16  license, the replacement fee for a regular resident hunting
    17  license shall be one-half of the fee charged for the original
    18  license.
    19     (2)  In the case of a regular nonresident hunting license,
    20  the replacement fee shall be one-half of the fee charged for a
    21  regular resident hunting license as set forth in the act for
    22  persons seventeen years of age or older, but less than sixty-
    23  five years of age.
    24     (3)  In the case of an antlerless deer license, the
    25  replacement fee shall be the same cost as the original license.
    26  The replacement of an antlerless deer license shall be made only
    27  by the issuing agent who issued the original license.]
    28     (b)  (1)  Except as otherwise provided in this subsection,
    29  the fee for the replacement of any lost license which was issued
    30  pursuant to sections 302, 302.1, 303 and 303.3 and 501(g) shall
    19850H0585B1740                 - 12 -

     1  be five dollars and fifty cents ($5.50).
     2     (2)  The fee for the replacement of a lost resident
     3  furtaker's license issued to a resident between the ages of
     4  twelve and sixteen inclusive and for all other lost licenses not
     5  specified in subclause (1) shall be the original fee for the
     6  issuance of such license.
     7     (c)  The issuing agent shall indicate on the face of the
     8  replacement license [and tag] so issued, also on the stub or
     9  carbon copy thereof, that it is a replacement with the number of
    10  the original license. The affidavit so filed and any remaining
    11  portion of the original license also shall be fastened to the
    12  stub or carbon copy of the replacement license for the
    13  information of the auditors.
    14     (d)  For such services the commission may authorize any
    15  issuing agent to retain not to exceed the sum of fifty cents and
    16  remit the balance of the replacement license fee as hereinbefore
    17  provided. Issuing agents who are county treasurers shall remit
    18  the fee for services to the county for the use of the county.
    19     (e)  It shall be unlawful for any person to give false
    20  information on the sworn statement for a replacement hunting
    21  license or to obtain or attempt to obtain a replacement hunting
    22  license contrary to the provisions of this section. Any person
    23  who shall give false information on the sworn statement for a
    24  replacement hunting license or who obtains or attempts to obtain
    25  a replacement hunting license as herein defined contrary to the
    26  provisions of this section shall, upon conviction, be sentenced
    27  to pay a penalty of one hundred dollars ($100) plus costs of
    28  prosecution.
    29     Section 9.  Section 313 of the act, amended December 10, 1970
    30  (P.L.896, No.282), is amended to read:
    19850H0585B1740                 - 13 -

     1     Section 313.  Power to Administer Oaths.--Each agent who may
     2  be authorized or designated by the commission to issue [hunting]
     3  licenses, and each agent who may be authorized or designated by
     4  the commission to receive applications for such licenses, in
     5  accordance with the provisions of this act, is hereby empowered
     6  to administer any oath that may be required in connection with
     7  the issuance of such licenses or receiving applications
     8  therefor.
     9     Section 10.  Sections 314 and 315(1) of the act are amended
    10  to read:
    11     Section 314.  Seizure of Licenses and Tags.--(a)  Any regular
    12  salaried officer of the commission is hereby empowered, except
    13  where birds or animals are killed by mistake and reported as
    14  hereinafter required, to seize the [hunting] license, and the
    15  tag issued therewith, of any person apprehended in the act of
    16  violating any game law, or any rules or regulations of the
    17  commission, and who has either been convicted or signed an
    18  acknowledgment of violating any game law, or rules or
    19  regulations of the commission, or if such licensee is found
    20  using firearms to hunt while under the influence of intoxicating
    21  liquor or narcotics.
    22     (b)  All licenses so seized shall, within twenty-four hours,
    23  be forwarded to the [division game supervisor] regional director
    24  for transmittal to the office of the commission, with a report
    25  relative thereto. The director may, upon application of the
    26  owner, return the license [and tag] to the owner if he is
    27  satisfied that the license should not be recommended to the
    28  commission for revocation in the manner hereinafter stipulated.
    29     Section 315.  Revocation of Licenses; Right to Hunt or Trap
    30  Denied.--(1)  The commission may revoke any [hunter's] license
    19850H0585B1740                 - 14 -

     1  issued under this act and deny any person the right to secure a
     2  license or to hunt or trap anywhere in this Commonwealth, with
     3  or without a license, if said licensee or person has either been
     4  convicted or signed an acknowledgment of violating any provision
     5  of this act, or if such person has been adjudged guilty, in the
     6  manner hereinafter provided, of any of the acts enumerated
     7  below, for such periods as hereinafter specified.
     8     * * *
     9     Section 11.  Section 315.1 of the act, added October 17, 1980
    10  (P.L.1076, No.178), is amended to read:
    11     Section 315.1.  Suspension.--The commission in the manner
    12  provided in section 315 for revocation of licenses may suspend
    13  [the hunter's] a valid license or deny a license (i) for failure
    14  to pay a fine for a violation of this act or until such a fine
    15  is imposed and fully paid, and (ii) during the time a citation
    16  is given and the recipient of the citation responds to it.
    17     Section 12.  Section 316(a), (b) and (c) of the act, amended
    18  June 24, 1939 (P.L.810, No.361), are amended to read:
    19     Section 316.  Certain Acts Declared Unlawful.--It is unlawful
    20  for any person:
    21     (a)  Except in the defense of person or property, to hunt,
    22  chase, shoot at, take, or kill, or pursue with intent to take,
    23  kill, or wound, any wild birds or wild animals by any method,
    24  including the use of dogs, without first securing a license and
    25  license tag as hereinbefore required, and wearing such tag and
    26  showing or displaying such license as required by the provisions
    27  of this article, but nothing in this clause shall be construed
    28  to prevent any person under the age of [eighteen] twelve years
    29  to trap for fur-bearing animals or predators without securing a
    30  license;
    19850H0585B1740                 - 15 -

     1     (b)  Under the age of twelve years to receive a hunting or
     2  furtaker's license under any circumstances whatsoever;
     3     (c)  Under the age of sixteen years to receive a hunting or
     4  furtaker's license without presenting a written request
     5  therefor, bearing the signature of his father or mother or
     6  legally constituted guardian;
     7     * * *
     8     Section 13.  Section 319 of the act is repealed:
     9     Section 14.  Section 501 of the act, amended July 23, 1965
    10  (P.L.240, No.136), June 21, 1967 (P.L.120, No.30), March 22,
    11  1974 (P.L.201, No.41), December 10, 1974 (P.L.811, No.269), June
    12  24, 1981 (P.L.111, No.37), March 7, 1982 (P.L.164, No.51) and
    13  July 20, 1983 (P.L.55, No.28), is amended to read:
    14     Section 501.  Open Seasons.--After investigation, or
    15  information otherwise obtained by the commission, as to the
    16  annual game supply and other wild birds and wild animals, the
    17  commission may, by appropriate rules and regulations, [a summary
    18  of which shall be published as hereinafter specified,] fix
    19  seasons, [shooting hours] methods and times for taking wildlife,
    20  and daily, season and possession limits, or remove protection
    21  and declare an open season, or increase, reduce or close
    22  seasons, or increase or reduce bag limits, for all species of
    23  game birds and game animals and all other wild birds and wild
    24  animals as defined under section 101 of this act, protected
    25  birds excepted, throughout the Commonwealth, or in any part
    26  thereof, or limit the number of hunters in any designated area
    27  and prescribe the methods of hunting therein, when in its
    28  opinion, such action is necessary to assure the maintenance of
    29  an adequate supply of such species, or when an unbalanced sex
    30  ratio exists which in its opinion should be corrected, or when,
    19850H0585B1740                 - 16 -

     1  in the opinion of the commission, such additional open season
     2  will not jeopardize the future supply of game or other wild
     3  birds or wild animals.
     4     If in any year the commission fails to establish such seasons
     5  or bag limits or fails to establish other hunting or trapping
     6  regulations under authority of this act, the open seasons and
     7  bag limits for game, Sundays excepted, unless otherwise provided
     8  by this act, and all other [hunting] regulations adopted under
     9  authority of this act, shall be the same as set by [resolution]
    10  regulation of the commission for the previous [hunting] license
    11  year, and all seasons shall open and close one calendar day
    12  earlier than the previous [hunting] license year. In the event
    13  the commission fails to establish seasons and bag limits for a
    14  [hunting] license year beginning in a leap year, the seasons
    15  shall open and close two calendar days earlier than the previous
    16  [hunting] license year.
    17     It is unlawful for any person to kill or attempt to kill, or
    18  to hunt for, or take, or have in possession any game bird or
    19  game animal at any time of the year other than the open season,
    20  fixed by [resolution] regulation of the commission in the manner
    21  above provided, or as set forth in this section, except as
    22  elsewhere provided in this act.
    23     (a)  Hunting or Trapping at Certain Periods Unlawful. If in
    24  any year the commission, by [resolution] regulation, fixes a
    25  later hour to begin hunting [for game] or trapping on the first
    26  day of any open season, it shall be unlawful for any person,
    27  except in defense of person or property, to hunt for, chase,
    28  disturb, or take, or to attempt to hunt for, chase, disturb, or
    29  take, any wild bird or wild animal, game or otherwise, through
    30  the use of firearms, or a bow and arrow, or with dogs, or traps,
    19850H0585B1740                 - 17 -

     1  on such first day of the season prior to the opening hour so
     2  fixed by [resolution] regulation of the commission.
     3     (b)  Taking of Raccoons Regulated. (1)  Except in defense of
     4  person or property, it is unlawful for any person to take, or
     5  attempt to take, raccoons through the use of traps, except in
     6  such county or counties as the commission may, by proper
     7  [resolution] regulation, declare open to trapping when in its
     8  opinion raccoons are sufficiently abundant to justify such
     9  trapping.
    10     (2)  After investigation or upon information otherwise
    11  obtained as to any county being infested with rabies, the
    12  commission may remove all protection on raccoons in such
    13  infested counties, or declare an open season on such animals, or
    14  direct the killing and disposition of same, in such manner as
    15  the case may require.
    16     (3)  Whenever the commission fixes open seasons for hunting
    17  or trapping raccoons, or whenever such open seasons are
    18  established as otherwise provided in this section, such open
    19  seasons shall be thirty days shorter for nonresidents of the
    20  Commonwealth. The thirty days of extra open seasons for
    21  residents of the Commonwealth shall be the first thirty days of
    22  the open season.
    23     (c)  Hunters' Licenses [and Tags] for Antlerless Deer.--(1)
    24  If in any year the commission declares an open season for
    25  antlerless deer, it shall issue antlerless deer licenses [and
    26  tags] to hunt for or kill such deer, at a fee of [three dollars
    27  fifty cents] five dollars and fifty cents (5.50) under such
    28  rules and regulations governing the issuance of such licenses
    29  [and tags] as it may deem necessary to limit the number of
    30  persons who may hunt for such deer in any county of the
    19850H0585B1740                 - 18 -

     1  Commonwealth and to regulate the issuance of such licenses
     2  generally. Except as otherwise provided in this subsection, no
     3  applications for antlerless deer licenses received from
     4  nonresidents of the Commonwealth shall be approved or licenses
     5  issued in advance of thirty days prior to the opening date of
     6  such antlerless deer season. Such licenses [and tags] shall be
     7  issued without restriction or regard to the county of residence
     8  of the Pennsylvania applicant and may be issued only to holders
     9  of resident or nonresident hunting licenses, and such licenses
    10  [and tags] shall not be transferable from one person to another
    11  nor shall they be refunded or reissued to anyone.
    12  Notwithstanding the provisions of any regulation limiting the
    13  number of licenses [and tags], the commission shall issue
    14  antlerless deer licenses [and tags] without effecting any quota
    15  established by the commission for a particular county: [(1)] (i)
    16  to members of Armed Forces who are residents of Pennsylvania and
    17  who are on full time active duty; [(2)] (ii) to residents who
    18  were honorably discharged from the Armed Forces within sixty
    19  days of the date of the application upon substantial proof of
    20  their military status; and [(3)] (iii) to disabled veterans as
    21  defined in section 302 upon submission of the information
    22  required by section 302.
    23     (2)  Licenses [and tags] for antlerless deer shall be issued
    24  only by the county treasurers or by any person carrying out the
    25  duties and responsibilities of a county treasurer in counties
    26  functioning under a Home Rule Charter in counties where such
    27  deer may be hunted and killed, who, for that purpose, are hereby
    28  made agents of the commission.
    29     (3)  For services rendered in collecting and paying over fees
    30  and issuing licenses [and tags], by mail or otherwise, such
    19850H0585B1740                 - 19 -

     1  agents may retain the sum of fifty cents from the amount paid by
     2  each licensee, which amount shall be paid into the county
     3  treasury.
     4     (4)  It shall be unlawful for any person to sell or attempt
     5  to sell any antlerless deer hunting license for a monetary fee
     6  in excess of the fees fixed pursuant to this subsection. The
     7  sale or attempted sale of each license shall constitute a
     8  separate offense.
     9     (5)  When such licenses are issued to restrict the number of
    10  persons who may hunt antlerless deer in any county of the
    11  Commonwealth, certain qualifying landowners who own [eighty]
    12  fifty or more contiguous acres of land within any county where
    13  they desire to hunt antlerless deer shall be entitled to one
    14  antlerless deer license for that county, at the prescribed fee,
    15  to one and only one person whose name appears on the deed. These
    16  antlerless deer licenses shall be allocated in advance of their
    17  availability to the general public from the quota established by
    18  the commission for the county where such land is situated to
    19  persons who meet all of the following requirements:
    20     (i)  the [eighty] fifty or more contiguous acres of land are
    21  owned by a natural person individually or as tenants by the
    22  entirety, or by a corporation of four or fewer shareholders, or
    23  by tenants in common of four or fewer natural persons;
    24     (ii)  the [eighty] fifty or more contiguous acres of land are
    25  open to public hunting and trapping and shall remain open to
    26  hunting and trapping during the hunting license year for which
    27  the antlerless deer license is issued;
    28     (iii)  the applicant for an antlerless deer license shall
    29  furnish proof of ownership of [eighty] fifty or more contiguous
    30  acres of land to the county treasurer within the county where
    19850H0585B1740                 - 20 -

     1  such land is situated.
     2     (6)  Any resident of Pennsylvania residing within the
     3  Commonwealth who is a bona fide owner or lessee of lands which
     4  lie within the county declared open to the hunting of antlerless
     5  deer, or any member of the family or household, or regularly
     6  hired help of such owner or lessee who are so employed on a
     7  full-time basis, if such person is a resident of the
     8  Commonwealth, actually residing upon and cultivating such lands
     9  for general farm crop purposes, is hereby declared eligible to
    10  hunt antlerless deer without a resident hunters' license or an
    11  antlerless deer license upon said property, and, by and with the
    12  written consent of the owner or lessee thereof, upon the lands
    13  immediately adjacent and connected with his own lands, other
    14  than publicly-owned lands.
    15     (7)  The terms "antlerless deer" and "deer without visible
    16  antlers," as used in this subsection or any other provision of
    17  the Game Law which this act amends, are hereby defined to mean a
    18  deer without an antler sometimes called horn, or a deer with
    19  antlers both of which are less than three inches long, the term
    20  "antler," as herein used or in any other provision of the Game
    21  Law which this act amends, meaning the bony growth on the head
    22  of a deer regardless of its size or development.
    23     (8)  When the commission adopts and promulgates such rules
    24  and regulations relative to hunters' licenses [and tags] for
    25  antlerless deer, it is unlawful for any person other than a
    26  landowner or lessee of the county or a member of his household,
    27  as hereinbefore enumerated, to hunt for antlerless deer without
    28  a hunters' license [and tag] for antlerless deer, or to take
    29  such deer contrary to the rules and regulations adopted by the
    30  commission.
    19850H0585B1740                 - 21 -

     1     (9)  The antlerless deer license [tag issued with an
     2  antlerless deer license] shall be displayed on the outer garment
     3  immediately below the regular resident or nonresident hunting
     4  license [tag]. Any person who fails to display the antlerless
     5  deer license [tag herein required] shall, upon conviction, be
     6  sentenced to pay a fine of twenty-five dollars ($25) and costs
     7  of prosecution, provided it shall be determined the person has
     8  purchased a license; otherwise, a penalty of fifty dollars ($50)
     9  and costs of prosecution shall be imposed. Any person who shall
    10  give false information in obtaining or attempting to obtain an
    11  antlerless deer license as relates to certain qualifying
    12  landowners shall, upon conviction, be sentenced to pay a fine of
    13  two hundred dollars ($200) and costs of prosecution and shall be
    14  denied the right to hunt or trap anywhere in this Commonwealth,
    15  with or without a license, for a period of three years. Any
    16  other person who shall give false information in obtaining or
    17  attempting to obtain an antlerless deer license shall, upon
    18  conviction, be sentenced to pay a fine of fifty dollars ($50)
    19  and costs of prosecution.
    20     (e)  Open Season for Hunting Deer with Bows and Arrows.--(1)
    21  In each year in which there is an open season for hunting deer
    22  there shall, in addition, be an open season for hunting deer
    23  with bows and arrows exclusively, unless otherwise declared by
    24  [resolution] regulation of the commission and the provisions of
    25  subsection (c) of this section shall not apply thereto. The
    26  duration and time of such additional open season, together with
    27  the description of the deer which may be lawfully killed, shall
    28  each year be fixed by the commission. During any such additional
    29  open season, it shall be unlawful to hunt for, kill or attempt
    30  to kill, any deer, without a license as hereinafter prescribed,
    19850H0585B1740                 - 22 -

     1  or with any weapon other than a bow and arrow.
     2     (2)  No person shall hunt for or kill any deer during such
     3  additional open archery season with bow and arrow without first
     4  having secured a hunting license and, in addition thereto, an
     5  archery license from the commission or any agent designated as
     6  an issuing agent of the commission, the fee for which is hereby
     7  fixed at [two dollars] five dollars and fifty cents ($5.50).
     8  Such license shall be attached to the hunters' license
     9  certificate for the current year and shall be countersigned in
    10  ink diagonally across its face by the licensee before hunting in
    11  the open season herein provided for.
    12     (3)  The county treasurer of each county and each other
    13  person designated the agent for the commission for the issuance
    14  of archery licenses may retain for the use of the county if the
    15  issuing agent is the county treasurer, otherwise to the agent
    16  for such service the sum of fifty cents paid by the applicant in
    17  addition to the license fee prescribed. The provisions of this
    18  act with respect to the issuance of licenses, collections of
    19  fees and records shall apply to the issuance of archery
    20  licenses.
    21     (4)  It shall be unlawful for any person to sell or attempt
    22  to sell any archery hunting license for a monetary fee in excess
    23  of the fee fixed pursuant to this subsection. The sale or
    24  attempted sale of each such license shall constitute a separate
    25  offense.
    26     (f)  Muzzleloading Firearms Deer Season.--(1)  The commission
    27  may, by [resolution] regulation, declare an open season for
    28  hunting deer with muzzleloading firearms during any hunting
    29  license year which shall hereinafter be known and referred to as
    30  Muzzleloading Firearms Deer Season.
    19850H0585B1740                 - 23 -

     1     (2)  In any year in which a Muzzleloading Firearms Deer
     2  Season shall be declared as hereinbefore provided, the
     3  Muzzleloading Firearms Deer Season shall not be established
     4  prior to the close of the regular rifle deer seasons for the
     5  then current hunting license year. The commission shall,
     6  notwithstanding any other provisions of this act, adopt rules
     7  and regulations governing the hunting and killing of deer during
     8  such Muzzleloading Firearms Deer Season which shall include but
     9  not be limited to, the duration and time of such deer season,
    10  the description of the deer which may lawfully be killed, the
    11  type of muzzleloading firearms which may lawfully be used to
    12  hunt for and kill deer during such season, the area or areas
    13  within the Commonwealth where deer may lawfully be hunted and
    14  killed, and any other rules and regulations deemed necessary to
    15  properly regulate, manage, and control the hunting and killing
    16  of deer during such season. For the purposes of this section, a
    17  muzzleloading firearm shall not be less than .44 calibre and
    18  shall not be equipped with a telescope.
    19     (3)  It shall be unlawful for any person to hunt for, take,
    20  kill or wound, or attempt to take, or kill, or for any person to
    21  aid or assist in any manner to hunt for, take, kill or wound
    22  deer during such Muzzleloading Firearms Deer Season without
    23  first having legally obtained a resident[, nonresident or alien]
    24  or nonresident hunter's license as defined in sections 302 and
    25  303 of this act and, in addition thereto, a Muzzleloading
    26  Firearms Deer Season license which may be obtained from the
    27  commission or any agent designated by the commission to issue
    28  such licenses, the fee for which is hereby fixed at [three
    29  dollars fifty cents ($3.50)] five dollars and fifty cents
    30  ($5.50). Such license shall be in such form as the commission
    19850H0585B1740                 - 24 -

     1  shall prescribe and shall be valid from the first day of
     2  September of one year to the thirty-first day of August of the
     3  year next following. The lawful holder of such license shall
     4  sign his full name in ink diagonally across its face before
     5  hunting deer in the open season herein provided for and shall
     6  carry such license upon his person at all times while hunting
     7  during such season.
     8     (4)  Any agent designated by the commission to issue
     9  Muzzleloading Firearms Deer Season licenses may retain the sum
    10  of fifty cents ($.50) of the hereinbefore prescribed license fee
    11  for each such license issued as payment for services rendered.
    12  The several provisions of this act governing the issuance of
    13  hunting licenses by issuing agents with respect to keeping
    14  records, filing reports, and collecting and remitting license
    15  fees shall apply in like manner, force and effect to agents
    16  designated by the commission to issue Muzzleloading Firearms
    17  Deer Season licenses.
    18     (5)  It shall be unlawful for any person to sell or attempt
    19  to sell any Muzzleloading Firearms Deer Season license for a
    20  monetary fee in excess of the fees fixed pursuant to this
    21  subsection. The sale or attempted sale of each license shall
    22  constitute a separate offense.
    23     (6)  It shall be unlawful for any person to hunt for, take,
    24  kill or wound or attempt to take, kill or wound, or to aid or
    25  assist any person in any manner to hunt for, take, kill or wound
    26  deer during such Muzzleloading Firearms Deer Season contrary to
    27  the provisions of this section or rules and regulations adopted
    28  by the commission as hereinbefore provided.
    29     (7)  Any person who shall violate any of the provisions of
    30  this section or any rules and regulations adopted by the
    19850H0585B1740                 - 25 -

     1  commission pursuant thereto, shall, upon conviction, be
     2  sentenced to pay the penalties prescribed in section 506 of this
     3  act.
     4     (g)  Bear Hunting Season and Licensing Requirements.
     5     (1)  When the commission, by [resolution] regulation,
     6  declares an open season for hunting and taking bear, it shall be
     7  unlawful for any person other than persons excepted under
     8  section 317, to hunt for, take, kill or wound or attempt to
     9  take, kill or wound bear, or to aid or assist any person in any
    10  manner to hunt for, take, kill or wound bear without first
    11  having legally obtained a current resident or nonresident
    12  hunter's license as defined in this act and in addition thereto,
    13  a current bear hunting license which shall be obtained from the
    14  commission at a fee of [five dollars ($5)] ten dollars ($10.00)
    15  for a resident and [fifteen dollars ($15)] twenty-five dollars
    16  ($25.00) for a nonresident. The license shall be in such form as
    17  the commission shall determine and shall be displayed while
    18  hunting bear by the lawful holder of such license in such manner
    19  as the commission shall prescribe. Before the bear license shall
    20  be legal for use in hunting, the lawful holder of such license
    21  shall sign his first name, middle initial and last name in ink
    22  across the face of the license.
    23     (2)  When the commission declares an open season for hunting
    24  and taking bear, in addition to the statutory requirements of
    25  this section, the commission, in order to properly manage the
    26  resource, shall have authority to adopt any rules and
    27  regulations deemed necessary to regulate the hunting, taking,
    28  killing, possession or transportation of such species. Such
    29  rules and regulations may include but not be limited to the
    30  establishment of bear management units, limit the number of
    19850H0585B1740                 - 26 -

     1  hunters who may hunt for bear in such management units, regulate
     2  the number of bear licenses which may be issued and prescribe
     3  the method and procedure for making application for such license
     4  and the issuance thereof. The number of bear licenses which
     5  shall be made available to nonresidents of the Commonwealth
     6  shall not exceed three percent (3%) of the total number of bear
     7  licenses to be issued as determined by the commission.
     8     (3)  Each person killing a bear of any description during any
     9  open bear season shall, within twenty-four hours from time of
    10  killing, deliver the bear to a bear check station designated by
    11  the commission for examination. Each person delivering such bear
    12  to a designated bear check station shall furnish to officers of
    13  the commission information concerning the killing of such bear.
    14  Following examination of the bear, the officer of the commission
    15  shall attach a metal tag supplied by the commission to the head
    16  of each legally killed bear. Such metal tag shall remain
    17  permanently attached to the head of the bear or until it has
    18  been mounted or tanned.
    19     (4)  It shall be unlawful for any person to hunt for, take,
    20  kill, wound, possess, conceal, transport or attempt to take,
    21  kill or wound, or to aid or assist any person in any manner to
    22  hunt for, take, kill, wound, possess, conceal or transport any
    23  bear contrary to the provisions of this subsection or rules and
    24  regulations adopted by the commission. It shall be unlawful for
    25  any person to lend a bear license to another person or for any
    26  person to use a bear license issued to another person, or to
    27  alter a bear license in any manner. It shall be unlawful for any
    28  person killing a bear of any description to fail to deliver such
    29  bear to a designated bear check station as herein required, or
    30  for any person to remove the metal tag attached to any bear by
    19850H0585B1740                 - 27 -

     1  an officer of the commission contrary to the provisions of this
     2  article.
     3     (5)  Any person who shall violate any of the provisions of
     4  this subsection or any rules and regulations adopted by the
     5  commission shall, upon conviction, be sentenced to pay the
     6  penalties prescribed in section 506.
     7     Section 15.  Section 505 of the act, amended May 6, 1981
     8  (P.L.47, No.15), is amended to read:
     9     Section 505.  Notification of Action of Commission.--(a)  The
    10  commission shall make available to each [hunter] licensee a
    11  summary of the seasons and bag limits, and designate any
    12  counties that may be closed, and name the species of game birds
    13  and game animals or fur-bearing animals for which there is no
    14  open season, and shall prepare and distribute such additional
    15  notices as in its judgment may be necessary.
    16     (b)  It is unlawful for any person to violate any of the
    17  rules and regulations adopted by the commission for the
    18  preservation of game birds, game animals, fur-bearing animals,
    19  nongame birds and all other wild birds and wild animals; or to
    20  take, or be possessed of, such birds or animals at a time, or in
    21  any number or manner, or of any kind or sex, contrary to such
    22  rules and regulations.
    23     Section 16.  Section 601 of the act, amended December 10,      <--
    24  1974 (P.L.811, No.269), is amended to read:
    25     Section 601.  Open Season for Fur-Bearing Animals.--(a)
    26  After investigation, or upon information otherwise obtained, by
    27  the commission as to the annual supply of fur-bearing animals,
    28  the commission may, by appropriate rules and regulations, a
    29  summary of which shall be published as hereinbefore specified,
    30  fix seasons, trapping hours, and daily, season, and possession
    19850H0585B1740                 - 28 -

     1  limits, or remove protection, or increase or reduce seasons and
     2  bag limits for any or all species of fur-bearing animals
     3  throughout the Commonwealth, or in any part thereof, or limit
     4  the number of trappers in any designated area and prescribe the
     5  methods of trapping therein, when in its opinion such action is
     6  necessary to assure the maintenance of an adequate supply of
     7  such animals, or to reduce the numbers thereof to safeguard game
     8  birds and animals.
     9     (b)  If in any year the commission fails to establish such
    10  seasons, and bag and possession limits, in the manner herein
    11  specified, the seasons, bag and possession limits, and trapping
    12  regulations for fur-bearing animals shall be the same as fixed
    13  by resolution of the commission for the previous year, except
    14  the seasons shall open and close one calendar day earlier than
    15  during the previous hunting and trapping license year. In the
    16  event the commission fails to establish the seasons for a
    17  hunting and trapping license year beginning in a leap year, the
    18  seasons shall open and close two calendar days earlier than the
    19  previous hunting and trapping year.
    20     (c)  The commission shall, in fixing annual trapping seasons,
    21  provide for such seasons in a manner that will ensure that
    22  houndsmen have at least thirty trap-free hunting days within the
    23  dates set by the commission for the taking of fox and raccoon.
    24     Section 17 16.  Section 604(a) of the act, amended May 15,     <--
    25  1945 (P.L.519, No.202), is amended to read:
    26     Section 604.  (a)  Special Regulations Relative to Beavers.--
    27  [In addition to complying with the requirements of this act
    28  relative to taking fur-bearing animals, the trapping of beavers
    29  shall be restricted to bona fide residents of Pennsylvania
    30  holding a lawfully issued resident hunter's license.] Owners and
    19850H0585B1740                 - 29 -

     1  lessees of land, and members of their families, actually
     2  residing thereon and cultivating such land, may trap beavers
     3  thereon if open to public trapping, but not on any adjacent or
     4  other lands, without first securing a resident [hunter's]
     5  furtaker's license.
     6     * * *
     7     Section 18 17.  Section 702 of the act, amended March 22,      <--
     8  1974 (P.L.201, No.41), is amended to read:
     9     Section 702.  Hunting on Sunday and at Night.--(a)  It is
    10  unlawful for any person to hunt for, shoot at, chase, catch or
    11  kill, or attempt to shoot at, chase, catch, or kill, with or
    12  without dogs, any game or raccoon, except in defense of person
    13  or property, upon the first day of the week commonly called
    14  Sunday, except for dog training or trial purposes as hereinafter
    15  provided; or to hunt for, shoot at, catch or kill, or attempt to
    16  hunt for, shoot at, catch or kill, nongame birds or any game
    17  between the closing hour of one day and the opening hour of the
    18  day following as set by resolutions of the commission, except
    19  that raccoons may be hunted for and killed any time during the
    20  open season, day or night. This section shall not prohibit the
    21  removal of raccoons or fur-bearing animals from traps or
    22  deadfalls on Sunday when lawfully caught.
    23     (b)  Any person violating any of the provisions of this
    24  section shall be liable to the fine hereinafter provided.
    25     Section 19 18.  Section 1401(x), (y) and (z.1) of the act,     <--
    26  amended July 27, 1973 (P.L.83, No.36), are amended AND THE        <--
    27  SECTION IS AMENDED BY ADDING A SUBSECTION to read:
    28     Section 1401.  Continuance of Game Fund; Appropriation.--All
    29  license fees, fines, permit fees, and other moneys received and
    30  collected (a) under the provisions of any law repealed and
    19850H0585B1740                 - 30 -

     1  replaced by this act, and now held in the State Treasury as the
     2  Game Fund, or (b) that may be hereafter paid into the State
     3  Treasury under the provisions of any act so repealed or
     4  replaced, or (c) that may be paid into the State Treasury under
     5  the provisions of this act, shall be placed in the separate fund
     6  known as "The Game Fund," and shall be held separately and apart
     7  solely for the following purposes:
     8     * * *
     9     (x)  All such moneys placed in the Game Fund under the         <--
    10  provisions of this section are hereby made available
    11  immediately, and [are hereby specifically appropriated] shall be
    12  annually appropriated by the General Assembly to the commission
    13  for the purposes herein specified;
    14     (y)  Estimates of the amounts to be expended under this act,
    15  from time to time, by the Pennsylvania Game Commission, shall be
    16  submitted to the Governor [for his approval or disapproval, and   <--
    17  it] and to the General Assembly pursuant to Article VI of the     <--
    18  act of April 9, 1929 (P.L.177, No.175), known as "The
    19  Administrative Code of 1929." It shall be unlawful for the
    20  [Auditor General] State Treasurer to honor any requisition for
    21  the expenditure of any moneys out of this appropriation by the
    22  Pennsylvania Game Commission in excess of the [estimates          <--
    23  approved by the Governor] amounts appropriated by law. Subject    <--
    24  to the foregoing provision, the moneys appropriated by this act
    25  shall be paid out of the Game Fund upon warrant of the [Auditor
    26  General] State Treasurer drawn after requisition by the
    27  Pennsylvania Game Commission, or as authorized by law by other
    28  departments.
    29     (Y.1)  THE COMMISSION SHALL SUBMIT AN ANNUAL WRITTEN AND ORAL  <--
    30  REPORT TO THE GAME AND FISHERIES COMMITTEES OF THE SENATE AND
    19850H0585B1740                 - 31 -

     1  THE HOUSE OF REPRESENTATIVES NO LATER THAN NOVEMBER 30 OF EACH
     2  FISCAL YEAR. THE WRITTEN REPORT SHALL INCLUDE COMPLETE BUDGETS
     3  FOR THE CURRENT FISCAL YEAR AND FOR THE FISCAL YEAR ABOUT TO
     4  COMMENCE. AN AUDIT OF THE BUDGET FOR THE CONCLUDING FISCAL YEAR
     5  SHALL BE CONDUCTED AND SHALL BE SUBMITTED TO THE GAME AND
     6  FISHERIES COMMITTEES NO LATER THAN NOVEMBER 30 OF EACH FISCAL
     7  YEAR.
     8     * * *
     9     (z.1)  The sum of [one dollar] two dollars of the fee
    10  collected for issuing resident and nonresident hunters' licenses
    11  and tags for antlerless deer, shall be used solely for cutting
    12  or otherwise removing overshadowing tree growth, to produce
    13  underbrush sprouts and saplings for deer food and cover on game
    14  land.
    15     * * *
    16     Section 20 19.  Whenever, in law, any reference is made to     <--
    17  the raccoon as a game animal, such reference shall be deemed to
    18  refer to the raccoon as a furbearing animal.
    19     Section 21 20.  This act applies to the license year           <--
    20  beginning September 1, 1985, and each year thereafter.
    21     Section 22 21.  This act shall take effect immediately.        <--






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