PRIOR PRINTER'S NOS. 1055, 1953, 2209         PRINTER'S NO. 2263

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 865 Session of 1987


        INTRODUCED BY HELFRICK, WENGER, STAPLETON, O'PAKE, HESS, KELLEY,
           SALVATORE, PECORA, RHOADES, MADIGAN, MOORE, ARMSTRONG,
           SHAFFER, BODACK, PETERSON, STEWART AND REGOLI, JUNE 1, 1987

        AS AMENDED ON THIRD CONSIDERATION, JUNE 28, 1988

                                     AN ACT

     1  Amending Title 34 (Game) of the Pennsylvania Consolidated
     2     Statutes, DEFINING "LOADED FIREARM"; further defining "safety  <--
     3     zone" to include playground areas; further providing for
     4     residency of members of the armed forces of the United States
     5     and of the United States Coast Guard and for the issuance of
     6     licenses to such persons; further providing for the cost and
     7     duration of a disabled person's permit; requiring the Game
     8     Commission to make certain refunds; providing for the
     9     issuance of reduced fee hunting licenses to certain parties
    10     who open land to public hunting; and providing for
    11     reimbursement to the game fund.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     SECTION 1.  SECTION 102 OF TITLE 34 OF THE PENNSYLVANIA        <--
    15  CONSOLIDATED STATUTES IS AMENDED BY ADDING A DEFINITION TO READ:
    16  § 102.  DEFINITIONS.
    17     SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
    18  PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
    19  PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
    20  USED IN THIS TITLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
    21  SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
    22     * * *

     1     "LOADED FIREARM."  A FIREARM OF ANY KIND WHICH HAS A LIVE
     2  SHELL OR CARTRIDGE IN EITHER THE CHAMBER OR MAGAZINE.
     3     * * *
     4     Section 1 2.  Sections 2505(c), 2702(b) and (c), 2704(b) and   <--
     5  2705(13) of Title 34 of the Pennsylvania Consolidated Statutes    <--
     6  are amended to read:
     7  § 2505.  Safety zones.
     8     * * *
     9     (c)  Definition.--As used in this section the term "safety
    10  zone" means the area within 150 yards around and that area which
    11  is below the highest point of any occupied dwelling house,
    12  residence, or other building or camp occupied by human beings,
    13  or any barn, stable, or other building used in connection
    14  therewith or any attached or detached playground of any school,
    15  nursery school or day-care center.
    16  § 2702.  Residents.
    17     * * *
    18     (b)  Commonwealth residents in armed forces.--Nothing in this
    19  chapter shall deny any qualified [resident of this Commonwealth
    20  serving in the armed forces of the United States as a result of
    21  a first enlistment or conscription] serviceman or servicewoman
    22  domiciled in but residing outside this Commonwealth while
    23  serving on active duty in the armed forces of the United States
    24  or in the United States Coast Guard, or any family member living
    25  in his or her home and [domiciled] residing outside this
    26  Commonwealth to meet military requirements, from eligibility to
    27  procure a resident hunter's license or other license when
    28  domicile within this Commonwealth is a requirement. Proof that a
    29  serviceman's or servicewoman's military home of record is in
    30  Pennsylvania shall be sufficient to establish domicile in this
    19870S0865B2263                  - 2 -

     1  Commonwealth.
     2     (c)  Military personnel stationed in Commonwealth.--Any
     3  person regularly enrolled in any branch of the armed forces of
     4  the United States or in the United States Coast Guard and
     5  officially stationed and quartered within this Commonwealth [60]
     6  30 or more days preceding the date of application shall be a
     7  resident for the purpose of this title.
     8     * * *
     9  § 2704.  Eligibility for license.
    10     * * *
    11     (b)  Hunter education.--Persons who have not held a hunting
    12  license lawfully issued to them in this Commonwealth or another
    13  state or nation or have not hunted under the exceptions in
    14  section 2706 (relating to resident license and fee exemptions)
    15  or do not possess a certificate of training approved by the
    16  director prior to the enactment of this title shall be required
    17  to attain accreditation in a hunter education program approved
    18  by the director before a hunting license is issued to them. The
    19  provisions of this subsection shall not apply to a person who
    20  presents:
    21         (1)  Evidence of service in the armed forces of the
    22     United States or in the United States Coast Guard and
    23     discharge or separation under honorable conditions within six
    24     months of the date of application.
    25         (2)  Evidence that the person is currently serving in the
    26     armed forces of the United States or in the United States
    27     Coast Guard.
    28     * * *
    29  § 2705.  Classes of licenses.
    30     Unless otherwise provided, any person wishing to exercise any
    19870S0865B2263                  - 3 -

     1  of the privileges granted by this title shall first secure the
     2  applicable resident or nonresident hunting or furtaking license
     3  as follows:
     4         * * *
     5         (13)  Antlerless deer licenses, bear licenses, archery
     6     licenses, muzzle-loader licenses and any other license
     7     required to insure just and proper administration of this
     8     title and sound game or wildlife conservation to eligible
     9     persons, subject to the regulations, requirements and
    10     conditions which the commission shall establish. Any such
    11     license shall be made available to residents serving on
    12     active duty in the armed forces of the United States or in
    13     the United States Coast Guard without regard to quota
    14     limitations or application deadlines. The number of bear
    15     licenses which shall be made available to nonresidents shall
    16     not exceed 3% of the total number of bear licenses to be
    17     issued by the commission.
    18     Section 2 3.  Section 2706 of Title 34 is amended by adding a  <--
    19  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
    24  contiguous acres farmed under a conservation plan which does not
    25  conflict with the act of June 22, 1937 (P.L.1987, No.394), known
    26  as The Clean Streams Law, and which meets the requirements of 25
    27  Pa. Code § 102 (relating to erosion control), shall, if he
    28  permits public hunting as evidenced by enrollment in a
    29  cooperative public access program, be entitled to purchase a
    30  landowners hunting license at the cost of $3 plus the current
    19870S0865B2263                  - 4 -

     1  issuing fee. The 80 acre requirement shall be exclusive of
     2  safety zones in excess of 20% of the total acreage. The license
     3  shall be issued to the owner or possessor or an immediate family
     4  member of either the owner or possessor living in the same
     5  household so designated by the owner or possessor in the case of
     6  a single owner or possessor, and to the individual so designated
     7  in the case of more than one owner or possessor. No person shall
     8  be issued a hunting license under this subsection unless such
     9  person is 12 years of age or older, has met the requirements
    10  prescribed in section 2704 (relating to eligibility for
    11  license), and has not been denied the privilege to hunt. A
    12  person entitled to receive a hunting license under this
    13  subsection shall certify to the commission in the form and
    14  manner prescribed by the commission that the land tract he owns
    15  or possesses is presently in his ownership or possession.
    16     Section 3 4.  Section 2709(a) of Title 34 is amended by        <--
    17  adding a paragraph to read:
    18  § 2709.  License costs and fees.
    19     (a)  License costs.--Any person who qualifies under the
    20  provisions of this chapter shall be issued the applicable
    21  license upon payment of the following costs and the issuing
    22  agent's fee:
    23         * * *
    24         (19)  Owners or possessors of land open to public hunting
    25     under section 2706(d) (relating to owners or possessors of
    26     land open to public hunting) - $3. All hunting licenses
    27     issued under section 2706(d) shall be recorded by the
    28     commission. The commission annually shall certify to the
    29     General Assembly the difference between $3 and the fee for a
    30     resident hunting license for all licenses so issued and the
    19870S0865B2263                  - 5 -

     1     General Assembly shall cause that amount annually to be
     2     appropriated and credited to the Game Fund.
     3     * * *
     4     Section 4 5.  Sections 2903 and 2904(3) of Title 34 are        <--
     5  amended to read:
     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 5 6.  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 6 7.  The provisions of section 2702(b) and (c) shall  <--
    30  be retroactive to July 1, 1987.
    19870S0865B2263                  - 6 -

     1     Section 7 8.  This act shall take effect as follows:           <--
     2         (1)  Sections 2706(d) and 2709(a)(19) shall take effect
     3     July 1, 1989.
     4         (2)  The remainder of this act shall take effect
     5     immediately.

















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