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