HOUSE AMENDED
PRIOR PRINTER'S NOS. 1055, 1953, 2209 PRINTER'S NO. 2440
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 REPORTED FROM COMMITTEE ON GAME AND FISHERIES, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 12, 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 PROVIDING FOR THE ADOPTION OF CAPITAL PROJECTS TO BE FINANCED <--
13 FROM CURRENT REVENUES OF THE GAME FUND.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 102 of Title 34 of the Pennsylvania <--
17 Consolidated Statutes is amended by adding a definition to read:
18 § 102. Definitions.
19 Subject to additional definitions contained in subsequent
20 provisions of this title which are applicable to specific
21 provisions of this title, the following words and phrases when
1 used in this title shall have the meanings given to them in this
2 section unless the context clearly indicates otherwise:
3 * * *
4 "Loaded firearm." A firearm of any kind which has a live
5 shell or cartridge in either the chamber or magazine.
6 * * *
7 Section 2. Sections 2505(c), 2702(b) and (c), 2704(b) and
8 2705(13) of Title 34 are amended to read:
9 § 2505. Safety zones.
10 * * *
11 (c) Definition.--As used in this section the term "safety
12 zone" means the area within 150 yards around and that area which
13 is below the highest point of any occupied dwelling house,
14 residence, or other building or camp occupied by human beings,
15 or any barn, stable, or other building used in connection
16 therewith or any attached or detached playground of any school,
17 nursery school or day-care center.
18 § 2702. Residents.
19 * * *
20 (b) Commonwealth residents in armed forces.--Nothing in this
21 chapter shall deny any qualified [resident of this Commonwealth
22 serving in the armed forces of the United States as a result of
23 a first enlistment or conscription] serviceman or servicewoman
24 domiciled in but residing outside this Commonwealth while
25 serving on active duty in the armed forces of the United States
26 or in the United States Coast Guard, or any family member living
27 in his or her home and [domiciled] residing outside this
28 Commonwealth to meet military requirements, from eligibility to
29 procure a resident hunter's license or other license when
30 domicile within this Commonwealth is a requirement. Proof that a
19870S0865B2440 - 2 -
1 serviceman's or servicewoman's military home of record is in
2 this Commonwealth shall be sufficient to establish domicile in
3 this Commonwealth.
4 (c) Military personnel stationed in Commonwealth.--Any
5 person regularly enrolled in any branch of the armed forces of
6 the United States or in the United States Coast Guard and
7 officially stationed and quartered within this Commonwealth [60]
8 30 or more days preceding the date of application shall be a
9 resident for the purpose of this title.
10 * * *
11 § 2704. Eligibility for license.
12 * * *
13 (b) Hunter education.--Persons who have not held a hunting
14 license lawfully issued to them in this Commonwealth or another
15 state or nation or have not hunted under the exceptions in
16 section 2706 (relating to resident license and fee exemptions)
17 or do not possess a certificate of training approved by the
18 director prior to the enactment of this title shall be required
19 to attain accreditation in a hunter education program approved
20 by the director before a hunting license is issued to them. The
21 provisions of this subsection shall not apply to a person who
22 presents:
23 (1) Evidence of service in the armed forces of the
24 United States or in the United States Coast Guard and
25 discharge or separation under honorable conditions within six
26 months of the date of application.
27 (2) Evidence that the person is currently serving in the
28 armed forces of the United States or in the United States
29 Coast Guard.
30 * * *
19870S0865B2440 - 3 -
1 § 2705. Classes of licenses.
2 Unless otherwise provided, any person wishing to exercise any
3 of the privileges granted by this title shall first secure the
4 applicable resident or nonresident hunting or furtaking license
5 as follows:
6 * * *
7 (13) Antlerless deer licenses, bear licenses, archery
8 licenses, muzzle-loader licenses and any other license
9 required to insure just and proper administration of this
10 title and sound game or wildlife conservation to eligible
11 persons, subject to the regulations, requirements and
12 conditions which the commission shall establish. Any such
13 license shall be made available to residents serving on
14 active duty in the armed forces of the United States or in
15 the United States Coast Guard without regard to quota
16 limitations or application deadlines. The number of bear
17 licenses which shall be made available to nonresidents shall
18 not exceed 3% of the total number of bear licenses to be
19 issued by the commission.
20 Section 3. Section 2706 of Title 34 is amended by adding a
21 subsection to read:
22 § 2706. Resident license and fee exemptions.
23 * * *
24 (d) Owners or possessors of land open to public hunting.--A
25 resident owner or possessor of land, comprising greater than 80
26 contiguous acres farmed under a conservation plan which does not
27 conflict with the act of June 22, 1937 (P.L.1987, No.394), known
28 as The Clean Streams Law, and which meets the requirements of 25
29 Pa. Code § 102 (relating to erosion control), shall, if he
30 permits public hunting as evidenced by enrollment in a
19870S0865B2440 - 4 -
1 cooperative public access program, be entitled to purchase a
2 landowners hunting license at the cost of $3 plus the current
3 issuing fee. The 80-acre requirement shall be exclusive of
4 safety zones in excess of 20% of the total acreage. The license
5 shall be issued to the owner or possessor or an immediate family
6 member of either the owner or possessor living in the same
7 household so designated by the owner or possessor in the case of
8 a single owner or possessor, and to the individual so designated
9 in the case of more than one owner or possessor. No person shall
10 be issued a hunting license under this subsection unless such
11 person is 12 years of age or older, has met the requirements
12 prescribed in section 2704 (relating to eligibility for
13 license), and has not been denied the privilege to hunt. A
14 person entitled to receive a hunting license under this
15 subsection shall certify to the commission in the form and
16 manner prescribed by the commission that the land tract he owns
17 or possesses is presently in his ownership or possession.
18 Section 4. Section 2709(a) of Title 34 is amended by adding
19 a paragraph to read:
20 § 2709. License costs and fees.
21 (a) License costs.--Any person who qualifies under the
22 provisions of this chapter shall be issued the applicable
23 license upon payment of the following costs and the issuing
24 agent's fee:
25 * * *
26 (19) Owners or possessors of land open to public hunting
27 under section 2706(d) (relating to owners or possessors of
28 land open to public hunting) - $3. All hunting licenses
29 issued under section 2706(d) shall be recorded by the
30 commission. The commission annually shall certify to the
19870S0865B2440 - 5 -
1 General Assembly the difference between $3 and the fee for a
2 resident hunting license for all licenses so issued and the
3 General Assembly shall cause that amount annually to be
4 appropriated and credited to the Game Fund.
5 * * *
6 Section 5. Sections 2903 and 2904(3) of Title 34 are amended
7 to read:
8 § 2903. Permit year.
9 Except as otherwise provided in this title, all permits shall
10 be issued for the time designated as the fiscal year for the
11 Commonwealth. The permit for a disabled person to hunt from a
12 vehicle shall [cover the same period as the hunting license] be
13 valid for the lifetime of the disabled person. There will be no
14 reduced fees for a permit issued for less than a year.
15 § 2904. Permit fees.
16 The annual fee for permits provided for in this chapter shall
17 be as follows:
18 * * *
19 (3) Disabled person - $5 [for two years (expires every
20 even year)] for the lifetime of the disabled person.
21 * * *
22 Section 6. The Game Commission shall refund to eligible
23 members of the armed forces or the United States Coast Guard all
24 fines and penalties collected by court action or acknowledgment
25 of guilt for violations of section 2702(b) and (c) and also the
26 difference between the costs of a resident license and a
27 nonresident license for those qualified members of the armed
28 forces or the United States Coast Guard who purchased a
29 nonresident license. These refunds shall be paid no later than
30 June 30, 1990.
19870S0865B2440 - 6 -
1 Section 7. The provisions of section 2702(b) and (c) shall
2 be retroactive to July 1, 1987.
3 Section 8. This act shall take effect as follows:
4 (1) Sections 2706(d) and 2709(a)(19) shall take effect
5 July 1, 1989.
6 (2) The remainder of this act shall take effect
7 immediately.
8 SECTION 1. SHORT TITLE. <--
9 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE GAME FUND
10 CAPITAL BUDGET ACT FOR 1988-1989.
11 SECTION 2. TOTAL AUTHORIZATIONS.
12 THE TOTAL AUTHORIZATION FOR THE CAPITAL PROJECTS IN THE
13 CATEGORY OF PUBLIC IMPROVEMENT PROJECTS TO BE ACQUIRED BY THE
14 PENNSYLVANIA GAME COMMISSION, AND TO BE FINANCED FROM CURRENT
15 REVENUES OF THE GAME FUND PURSUANT TO EXECUTIVE AUTHORIZATIONS,
16 SHALL BE $3,003,000.
17 SECTION 3. ITEMIZATION OF PENNSYLVANIA GAME COMMISSION CAPITAL
18 PROJECTS.
19 THE INDIVIDUAL CAPITAL PROJECTS IN THE CATEGORY OF PUBLIC
20 IMPROVEMENT PROJECTS TO BE ACQUIRED BY THE PENNSYLVANIA GAME
21 COMMISSION, AND TO BE FINANCED FROM CURRENT REVENUES OF THE GAME
22 FUND PURSUANT TO EXECUTIVE AUTHORIZATIONS, ARE HEREBY ITEMIZED,
23 TOGETHER WITH THEIR RESPECTIVE ESTIMATED COSTS, AS FOLLOWS:
24 (1) BLAIR COUNTY
25 (I) LAND ACQUISITION - TYRONE TWP. - 1,450
26 ACRES $327,000
27 (2) BUTLER COUNTY
28 (I) LAND ACQUISITION - CLEARFIELD TWP. - 460
29 ACRES 115,000
30 (3) CARBON COUNTY
19870S0865B2440 - 7 -
1 (I) LAND ACQUISITION - LEHIGH AND MAUCH CHUNK
2 TWPS. - 2,600 ACRES 845,000
3 (4) CUMBERLAND COUNTY
4 (I) LAND ACQUISITION - SOUTH MIDDLETON TWP. -
5 750 ACRES 300,000
6 (5) ELK COUNTY
7 (I) LAND ACQUISITION - RIDGWAY TWP. - 710
8 ACRES 184,000
9 (6) HUNTINGDON COUNTY
10 (I) LAND ACQUISITION - JACKSON TWP. - 750
11 ACRES 283,000
12 (7) LACKAWANNA COUNTY
13 (I) LAND ACQUISITION - ARCHBALD BOROUGH, SCOTT
14 AND CARBONDALE TWPS. - 1,060 ACRES 297,000
15 (8) LUZERNE COUNTY
16 (I) LAND ACQUISITION - BEAR CREEK TWP. - 600
17 ACRES 240,000
18 (9) WARREN COUNTY
19 (I) LAND ACQUISITION - COLUMBUS TWP.- 404
20 ACRES 122,000
21 (II) LAND ACQUISITION - TRIUMPH TWP. - 965
22 ACRES 290,000
23 SECTION 4. EFFECTIVE DATE.
24 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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