SENATE AMENDED
        PRIOR PRINTER'S NO. 2062                      PRINTER'S NO. 2968

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1652 Session of 1987


        INTRODUCED BY SEMMEL, MORRIS, NOYE, BELARDI, D. W. SNYDER,
           CESSAR, TRELLO, VROON, CIMINI, MICOZZIE, ANGSTADT, FOX, ARTY,
           CLYMER, R. C. WRIGHT, RAYMOND, LEH, STAIRS, ITKIN, KENNEY,
           McHALE, CARLSON AND LETTERMAN, JULY 1, 1987

        SENATOR RHOADES, GAME AND FISHERIES, IN SENATE, AS AMENDED,
           MARCH 15, 1988

                                     AN ACT

     1  Amending Title 34 (Game) of the Pennsylvania Consolidated
     2     Statutes, further defining "safety zone" to include
     3     playground areas; FURTHER PROVIDING FOR RESIDENCY OF MEMBERS   <--
     4     OF THE ARMED FORCES OF THE UNITED STATES AND OF THE UNITED
     5     STATES COAST GUARD AND FOR THE ISSUANCE OF LICENSES TO SUCH
     6     PERSONS; FURTHER PROVIDING FOR THE COST AND DURATION OF A
     7     DISABLED PERSON'S PERMIT; AND REQUIRING THE GAME COMMISSION
     8     TO MAKE CERTAIN REFUNDS.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 2505(c) SECTIONS 2505(C), 2702(B) AND      <--
    12  (C), 2704(B), 2705(13), 2903 AND 2904(3) of Title 34 of the
    13  Pennsylvania Consolidated Statutes is ARE amended to read:        <--
    14  § 2505.  Safety zones.
    15     * * *
    16     (c)  Definition.--As used in this section the term "safety
    17  zone" means the area within 150 yards around and that area which
    18  is below the highest point of any occupied dwelling house,
    19  residence, or other building or camp occupied by human beings,

     1  or any barn, stable, or other building used in connection
     2  therewith or any attached or detached playground of any school,
     3  nursery school or day-care center.
     4  § 2702.  RESIDENTS.                                               <--
     5     * * *
     6     (B)  COMMONWEALTH RESIDENTS IN ARMED FORCES.--NOTHING IN THIS
     7  CHAPTER SHALL DENY ANY QUALIFIED [RESIDENT OF THIS COMMONWEALTH
     8  SERVING IN THE ARMED FORCES OF THE UNITED STATES AS A RESULT OF
     9  A FIRST ENLISTMENT OR CONSCRIPTION] SERVICEMAN OR SERVICEWOMAN
    10  DOMICILED IN BUT RESIDING OUTSIDE THIS COMMONWEALTH WHILE
    11  SERVING ON ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES
    12  OR IN THE UNITED STATES COAST GUARD, OR ANY FAMILY MEMBER LIVING
    13  IN HIS OR HER HOME AND [DOMICILED] RESIDING OUTSIDE THIS
    14  COMMONWEALTH TO MEET MILITARY REQUIREMENTS, FROM ELIGIBILITY TO
    15  PROCURE A RESIDENT HUNTER'S LICENSE OR OTHER LICENSE WHEN
    16  DOMICILE WITHIN THIS COMMONWEALTH IS A REQUIREMENT. PROOF THAT A
    17  SERVICEMAN'S OR SERVICEWOMAN'S MILITARY HOME OF RECORD IS IN
    18  PENNSYLVANIA SHALL BE SUFFICIENT TO ESTABLISH DOMICILE IN THIS
    19  COMMONWEALTH.
    20     (C)  MILITARY PERSONNEL STATIONED IN COMMONWEALTH.--ANY
    21  PERSON REGULARLY ENROLLED IN ANY BRANCH OF THE ARMED FORCES OF
    22  THE UNITED STATES OR IN THE UNITED STATES COAST GUARD AND
    23  OFFICIALLY STATIONED AND QUARTERED WITHIN THIS COMMONWEALTH [60]
    24  30 OR MORE DAYS PRECEDING THE DATE OF APPLICATION SHALL BE A
    25  RESIDENT FOR THE PURPOSE OF THIS TITLE.
    26     * * *
    27  § 2704.  ELIGIBILITY FOR LICENSE.
    28     * * *
    29     (B)  HUNTER EDUCATION.--PERSONS WHO HAVE NOT HELD A HUNTING
    30  LICENSE LAWFULLY ISSUED TO THEM IN THIS COMMONWEALTH OR ANOTHER
    19870H1652B2968                  - 2 -

     1  STATE OR NATION OR HAVE NOT HUNTED UNDER THE EXCEPTIONS IN
     2  SECTION 2706 (RELATING TO RESIDENT LICENSE AND FEE EXEMPTIONS)
     3  OR DO NOT POSSESS A CERTIFICATE OF TRAINING APPROVED BY THE
     4  DIRECTOR PRIOR TO THE ENACTMENT OF THIS TITLE SHALL BE REQUIRED
     5  TO ATTAIN ACCREDITATION IN A HUNTER EDUCATION PROGRAM APPROVED
     6  BY THE DIRECTOR BEFORE A HUNTING LICENSE IS ISSUED TO THEM. THE
     7  PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO A PERSON WHO
     8  PRESENTS:
     9         (1)  EVIDENCE OF SERVICE IN THE ARMED FORCES OF THE
    10     UNITED STATES OR IN THE UNITED STATES COAST GUARD AND
    11     DISCHARGE OR SEPARATION UNDER HONORABLE CONDITIONS WITHIN SIX
    12     MONTHS OF THE DATE OF APPLICATION.
    13         (2)  EVIDENCE THAT THE PERSON IS CURRENTLY SERVING IN THE
    14     ARMED FORCES OF THE UNITED STATES OR IN THE UNITED STATES
    15     COAST GUARD.
    16     * * *
    17  § 2705.  CLASSES OF LICENSES.
    18     UNLESS OTHERWISE PROVIDED, ANY PERSON WISHING TO EXERCISE ANY
    19  OF THE PRIVILEGES GRANTED BY THIS TITLE SHALL FIRST SECURE THE
    20  APPLICABLE RESIDENT OR NONRESIDENT HUNTING OR FURTAKING LICENSE
    21  AS FOLLOWS:
    22         * * *
    23         (13)  ANTLERLESS DEER LICENSES, BEAR LICENSES, ARCHERY
    24     LICENSES, MUZZLE-LOADER LICENSES AND ANY OTHER LICENSE
    25     REQUIRED TO INSURE JUST AND PROPER ADMINISTRATION OF THIS
    26     TITLE AND SOUND GAME OR WILDLIFE CONSERVATION TO ELIGIBLE
    27     PERSONS, SUBJECT TO THE REGULATIONS, REQUIREMENTS AND
    28     CONDITIONS WHICH THE COMMISSION SHALL ESTABLISH. ANY SUCH
    29     LICENSE SHALL BE MADE AVAILABLE TO RESIDENTS SERVING ON
    30     ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES OR IN
    19870H1652B2968                  - 3 -

     1     THE UNITED STATES COAST GUARD WITHOUT REGARD TO QUOTA
     2     LIMITATIONS OR APPLICATION DEADLINES. THE NUMBER OF BEAR
     3     LICENSES WHICH SHALL BE MADE AVAILABLE TO NONRESIDENTS SHALL
     4     NOT EXCEED 3% OF THE TOTAL NUMBER OF BEAR LICENSES TO BE
     5     ISSUED BY THE COMMISSION.
     6  § 2903.  PERMIT YEAR.
     7     EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, ALL PERMITS SHALL
     8  BE ISSUED FOR THE TIME DESIGNATED AS THE FISCAL YEAR FOR THE
     9  COMMONWEALTH. THE PERMIT FOR A DISABLED PERSON TO HUNT FROM A
    10  VEHICLE SHALL [COVER THE SAME PERIOD AS THE HUNTING LICENSE] BE
    11  VALID FOR THE LIFETIME OF THE DISABLED PERSON. THERE WILL BE NO
    12  REDUCED FEES FOR A PERMIT ISSUED FOR LESS THAN A YEAR.
    13  § 2904.  PERMIT FEES.
    14     THE ANNUAL FEE FOR PERMITS PROVIDED FOR IN THIS CHAPTER SHALL
    15  BE AS FOLLOWS:
    16         * * *
    17         (3)  DISABLED PERSON - $5 [FOR TWO YEARS (EXPIRES EVERY
    18     EVEN YEAR)] FOR THE LIFETIME OF THE DISABLED PERSON.
    19         * * *
    20     SECTION 2.  THE GAME COMMISSION SHALL REFUND TO ELIGIBLE
    21  MEMBERS OF THE ARMED FORCES OR THE UNITED STATES COAST GUARD ALL
    22  FINES AND PENALTIES COLLECTED BY COURT ACTION OR ACKNOWLEDGMENT
    23  OF GUILT FOR VIOLATIONS OF SECTION 2702(B) AND (C) AND ALSO THE
    24  DIFFERENCE BETWEEN THE COSTS OF A RESIDENT LICENSE AND A
    25  NONRESIDENT LICENSE FOR THOSE QUALIFIED MEMBERS OF THE ARMED
    26  FORCES OR THE UNITED STATES COAST GUARD WHO PURCHASED A
    27  NONRESIDENT LICENSE. THESE REFUNDS SHALL BE PAID NO LATER THAN
    28  JUNE 30, 1990.
    29     SECTION 3.  THE PROVISIONS OF SECTION 2702(B) AND (C) SHALL
    30  BE RETROACTIVE TO JULY 1, 1987.
    19870H1652B2968                  - 4 -

     1     Section 2 4.  This act shall take effect July 1, 1987, or      <--
     2  immediately, whichever is later IMMEDIATELY.                      <--



















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