PRIOR PRINTER'S NOS. 1055, 1953 PRINTER'S NO. 2209
No. 865 Session of 1987
INTRODUCED BY HELFRICK, WENGER, STAPLETON, O'PAKE, HESS, KELLEY,
SALVATORE, PECORA, RHOADES, MADIGAN, MOORE, ARMSTRONG,
SHAFFER, BODACK, PETERSON AND STEWART, JUNE 1, 1987
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
JUNE 20, 1988
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated <--
2 Statutes, providing for the issuance of reduced fee hunting
3 licenses to certain parties who open land to public hunting;
4 and providing for reimbursement to the Game Fund.
5 AMENDING TITLE 34 (GAME) OF THE PENNSYLVANIA CONSOLIDATED <--
6 STATUTES, FURTHER DEFINING "SAFETY ZONE" TO INCLUDE
7 PLAYGROUND AREAS; FURTHER PROVIDING FOR RESIDENCY OF MEMBERS
8 OF THE ARMED FORCES OF THE UNITED STATES AND OF THE UNITED
9 STATES COAST GUARD AND FOR THE ISSUANCE OF LICENSES TO SUCH
10 PERSONS; FURTHER PROVIDING FOR THE COST AND DURATION OF A
11 DISABLED PERSON'S PERMIT; REQUIRING THE GAME COMMISSION TO
12 MAKE CERTAIN REFUNDS; PROVIDING FOR THE ISSUANCE OF REDUCED
13 FEE HUNTING LICENSES TO CERTAIN PARTIES WHO OPEN LAND TO
14 PUBLIC HUNTING; AND PROVIDING FOR REIMBURSEMENT TO THE GAME
15 FUND.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 2706 of Title 34 of the Pennsylvania <--
19 Consolidated Statutes is amended by adding a subsection to read:
20 § 2706. Resident license and fee exemptions.
21 * * *
22 (d) Owners or possessors of land open to public hunting.--A
23 resident owner or possessor of land, comprising greater than 80
1 contiguous acres farmed under a conservation plan which does not
2 conflict with the act of June 22, 1937 (P.L.1987, No.394), known
3 as The Clean Streams Law, and which meets the requirements of 25
4 Pa. Code Ch. 102 (relating to erosion control), shall, if he
5 permits public hunting as evidenced by enrollment in a
6 Cooperative Public Access Program, be entitled to purchase a
7 Landowners Hunting License at the cost of $3 plus the current
8 issuing fee. The 80 acre requirement shall be exclusive of
9 safety zones in excess of 20% of the total acreage. The license
10 shall be issued to the owner or possessor or an immediate family
11 member of either the owner or possessor living in the same
12 household so designated by the owner or possessor in the case of
13 a single owner or possessor, and to the individual so designated
14 in the case of more than one owner or possessor. No person shall
15 be issued a hunting license under this subsection unless such
16 person is 12 years of age or older, has met the requirements
17 prescribed in section 2704 (relating to eligibility for
18 license), and has not been denied the privilege to hunt. A
19 person entitled to receive a hunting license under this
20 subsection shall certify to the commission in the form and
21 manner prescribed by the commission that the land tract he owns
22 or possesses is presently in his ownership or possession.
23 SECTION 1. SECTIONS 2505(C), 2702(B) AND (C), 2704(B) AND <--
24 2705(13) OF TITLE 34 OF THE PENNSYLVANIA CONSOLIDATED STATUTES
25 ARE AMENDED TO READ:
26 § 2505. SAFETY ZONES.
27 * * *
28 (C) DEFINITION.--AS USED IN THIS SECTION THE TERM "SAFETY
29 ZONE" MEANS THE AREA WITHIN 150 YARDS AROUND AND THAT AREA WHICH
30 IS BELOW THE HIGHEST POINT OF ANY OCCUPIED DWELLING HOUSE,
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1 RESIDENCE, OR OTHER BUILDING OR CAMP OCCUPIED BY HUMAN BEINGS,
2 OR ANY BARN, STABLE, OR OTHER BUILDING USED IN CONNECTION
3 THEREWITH OR ANY ATTACHED OR DETACHED PLAYGROUND OF ANY SCHOOL,
4 NURSERY SCHOOL OR DAY-CARE CENTER.
5 § 2702. RESIDENTS.
6 * * *
7 (B) COMMONWEALTH RESIDENTS IN ARMED FORCES.--NOTHING IN THIS
8 CHAPTER SHALL DENY ANY QUALIFIED [RESIDENT OF THIS COMMONWEALTH
9 SERVING IN THE ARMED FORCES OF THE UNITED STATES AS A RESULT OF
10 A FIRST ENLISTMENT OR CONSCRIPTION] SERVICEMAN OR SERVICEWOMAN
11 DOMICILED IN BUT RESIDING OUTSIDE THIS COMMONWEALTH WHILE
12 SERVING ON ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES
13 OR IN THE UNITED STATES COAST GUARD, OR ANY FAMILY MEMBER LIVING
14 IN HIS OR HER HOME AND [DOMICILED] RESIDING OUTSIDE THIS
15 COMMONWEALTH TO MEET MILITARY REQUIREMENTS, FROM ELIGIBILITY TO
16 PROCURE A RESIDENT HUNTER'S LICENSE OR OTHER LICENSE WHEN
17 DOMICILE WITHIN THIS COMMONWEALTH IS A REQUIREMENT. PROOF THAT A
18 SERVICEMAN'S OR SERVICEWOMAN'S MILITARY HOME OF RECORD IS IN
19 PENNSYLVANIA SHALL BE SUFFICIENT TO ESTABLISH DOMICILE IN THIS
20 COMMONWEALTH.
21 (C) MILITARY PERSONNEL STATIONED IN COMMONWEALTH.--ANY
22 PERSON REGULARLY ENROLLED IN ANY BRANCH OF THE ARMED FORCES OF
23 THE UNITED STATES OR IN THE UNITED STATES COAST GUARD AND
24 OFFICIALLY STATIONED AND QUARTERED WITHIN THIS COMMONWEALTH [60]
25 30 OR MORE DAYS PRECEDING THE DATE OF APPLICATION SHALL BE A
26 RESIDENT FOR THE PURPOSE OF THIS TITLE.
27 * * *
28 § 2704. ELIGIBILITY FOR LICENSE.
29 * * *
30 (B) HUNTER EDUCATION.--PERSONS WHO HAVE NOT HELD A HUNTING
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1 LICENSE LAWFULLY ISSUED TO THEM IN THIS COMMONWEALTH OR ANOTHER
2 STATE OR NATION OR HAVE NOT HUNTED UNDER THE EXCEPTIONS IN
3 SECTION 2706 (RELATING TO RESIDENT LICENSE AND FEE EXEMPTIONS)
4 OR DO NOT POSSESS A CERTIFICATE OF TRAINING APPROVED BY THE
5 DIRECTOR PRIOR TO THE ENACTMENT OF THIS TITLE SHALL BE REQUIRED
6 TO ATTAIN ACCREDITATION IN A HUNTER EDUCATION PROGRAM APPROVED
7 BY THE DIRECTOR BEFORE A HUNTING LICENSE IS ISSUED TO THEM. THE
8 PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO A PERSON WHO
9 PRESENTS:
10 (1) EVIDENCE OF SERVICE IN THE ARMED FORCES OF THE
11 UNITED STATES OR IN THE UNITED STATES COAST GUARD AND
12 DISCHARGE OR SEPARATION UNDER HONORABLE CONDITIONS WITHIN SIX
13 MONTHS OF THE DATE OF APPLICATION.
14 (2) EVIDENCE THAT THE PERSON IS CURRENTLY SERVING IN THE
15 ARMED FORCES OF THE UNITED STATES OR IN THE UNITED STATES
16 COAST GUARD.
17 * * *
18 § 2705. CLASSES OF LICENSES.
19 UNLESS OTHERWISE PROVIDED, ANY PERSON WISHING TO EXERCISE ANY
20 OF THE PRIVILEGES GRANTED BY THIS TITLE SHALL FIRST SECURE THE
21 APPLICABLE RESIDENT OR NONRESIDENT HUNTING OR FURTAKING LICENSE
22 AS FOLLOWS:
23 * * *
24 (13) ANTLERLESS DEER LICENSES, BEAR LICENSES, ARCHERY
25 LICENSES, MUZZLE-LOADER LICENSES AND ANY OTHER LICENSE
26 REQUIRED TO INSURE JUST AND PROPER ADMINISTRATION OF THIS
27 TITLE AND SOUND GAME OR WILDLIFE CONSERVATION TO ELIGIBLE
28 PERSONS, SUBJECT TO THE REGULATIONS, REQUIREMENTS AND
29 CONDITIONS WHICH THE COMMISSION SHALL ESTABLISH. ANY SUCH
30 LICENSE SHALL BE MADE AVAILABLE TO RESIDENTS SERVING ON
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1 ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES OR IN
2 THE UNITED STATES COAST GUARD WITHOUT REGARD TO QUOTA
3 LIMITATIONS OR APPLICATION DEADLINES. THE NUMBER OF BEAR
4 LICENSES WHICH SHALL BE MADE AVAILABLE TO NONRESIDENTS SHALL
5 NOT EXCEED 3% OF THE TOTAL NUMBER OF BEAR LICENSES TO BE
6 ISSUED BY THE COMMISSION.
7 SECTION 2. SECTION 2706 OF TITLE 34 IS AMENDED BY ADDING A
8 SUBSECTION TO READ:
9 § 2706. RESIDENT LICENSE AND FEE EXEMPTIONS.
10 * * *
11 (D) OWNERS OR POSSESSORS OF LAND OPEN TO PUBLIC HUNTING.--A
12 RESIDENT OWNER OR POSSESSOR OF LAND, COMPRISING GREATER THAN 80
13 CONTIGUOUS ACRES FARMED UNDER A CONSERVATION PLAN WHICH DOES NOT
14 CONFLICT WITH THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN
15 AS THE CLEAN STREAMS LAW, AND WHICH MEETS THE REQUIREMENTS OF 25
16 PA. CODE § 102 (RELATING TO EROSION CONTROL), SHALL, IF HE
17 PERMITS PUBLIC HUNTING AS EVIDENCED BY ENROLLMENT IN A
18 COOPERATIVE PUBLIC ACCESS PROGRAM, BE ENTITLED TO PURCHASE A
19 LANDOWNERS HUNTING LICENSE AT THE COST OF $3 PLUS THE CURRENT
20 ISSUING FEE. THE 80 ACRE REQUIREMENT SHALL BE EXCLUSIVE OF
21 SAFETY ZONES IN EXCESS OF 20% OF THE TOTAL ACREAGE. THE LICENSE
22 SHALL BE ISSUED TO THE OWNER OR POSSESSOR OR AN IMMEDIATE FAMILY
23 MEMBER OF EITHER THE OWNER OR POSSESSOR LIVING IN THE SAME
24 HOUSEHOLD SO DESIGNATED BY THE OWNER OR POSSESSOR IN THE CASE OF
25 A SINGLE OWNER OR POSSESSOR, AND TO THE INDIVIDUAL SO DESIGNATED
26 IN THE CASE OF MORE THAN ONE OWNER OR POSSESSOR. NO PERSON SHALL
27 BE ISSUED A HUNTING LICENSE UNDER THIS SUBSECTION UNLESS SUCH
28 PERSON IS 12 YEARS OF AGE OR OLDER, HAS MET THE REQUIREMENTS
29 PRESCRIBED IN SECTION 2704 (RELATING TO ELIGIBILITY FOR
30 LICENSE), AND HAS NOT BEEN DENIED THE PRIVILEGE TO HUNT. A
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1 PERSON ENTITLED TO RECEIVE A HUNTING LICENSE UNDER THIS
2 SUBSECTION SHALL CERTIFY TO THE COMMISSION IN THE FORM AND
3 MANNER PRESCRIBED BY THE COMMISSION THAT THE LAND TRACT HE OWNS
4 OR POSSESSES IS PRESENTLY IN HIS OWNERSHIP OR POSSESSION.
5 Section 2 3. Section 2709(a) of Title 34 is amended by <--
6 adding a paragraph to read:
7 § 2709. License costs and fees.
8 (a) License costs.--Any person who qualifies under the
9 provisions of this chapter shall be issued the applicable
10 license upon payment of the following costs and the issuing
11 agent's fee:
12 * * *
13 (19) Owners or possessors of land open to public hunting
14 under section 2706(d) (relating to owners or possessors of
15 land open to public hunting) - $3. All hunting licenses
16 issued under section 2706(d) shall be recorded by the
17 commission. The commission annually shall certify to the
18 General Assembly the difference between $3 and the fee for a
19 resident hunting license for all licenses so issued and the
20 General Assembly shall cause that amount annually to be
21 appropriated and credited to the Game Fund.
22 * * *
23 Section 3. This act shall take effect July 1, 1989. <--
24 SECTION 4. SECTIONS 2903 AND 2904(3) OF TITLE 34 ARE AMENDED <--
25 TO READ:
26 § 2903. PERMIT YEAR.
27 EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, ALL PERMITS SHALL
28 BE ISSUED FOR THE TIME DESIGNATED AS THE FISCAL YEAR FOR THE
29 COMMONWEALTH. THE PERMIT FOR A DISABLED PERSON TO HUNT FROM A
30 VEHICLE SHALL [COVER THE SAME PERIOD AS THE HUNTING LICENSE] BE
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1 VALID FOR THE LIFETIME OF THE DISABLED PERSON. THERE WILL BE NO
2 REDUCED FEES FOR A PERMIT ISSUED FOR LESS THAN A YEAR.
3 § 2904. PERMIT FEES.
4 THE ANNUAL FEE FOR PERMITS PROVIDED FOR IN THIS CHAPTER SHALL
5 BE AS FOLLOWS:
6 * * *
7 (3) DISABLED PERSON - $5 [FOR TWO YEARS (EXPIRES EVERY
8 EVEN YEAR)] FOR THE LIFETIME OF THE DISABLED PERSON.
9 * * *
10 SECTION 5. THE GAME COMMISSION SHALL REFUND TO ELIGIBLE
11 MEMBERS OF THE ARMED FORCES OR THE UNITED STATES COAST GUARD ALL
12 FINES AND PENALTIES COLLECTED BY COURT ACTION OR ACKNOWLEDGMENT
13 OF GUILT FOR VIOLATIONS OF SECTION 2702(B) AND (C) AND ALSO THE
14 DIFFERENCE BETWEEN THE COSTS OF A RESIDENT LICENSE AND A
15 NONRESIDENT LICENSE FOR THOSE QUALIFIED MEMBERS OF THE ARMED
16 FORCES OR THE UNITED STATES COAST GUARD WHO PURCHASED A
17 NONRESIDENT LICENSE. THESE REFUNDS SHALL BE PAID NO LATER THAN
18 JUNE 30, 1990.
19 SECTION 6. THE PROVISIONS OF SECTION 2702(B) AND (C) SHALL
20 BE RETROACTIVE TO JULY 1, 1987.
21 SECTION 7. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
22 (1) SECTIONS 2706(D) AND 2709(A)(19) SHALL TAKE EFFECT
23 JULY 1, 1989.
24 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
25 IMMEDIATELY.
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