PRINTER'S NO. 3852
No. 2795 Session of 1996
INTRODUCED BY PHILLIPS, ALLEN, FAIRCHILD, LYNCH, BELARDI,
GODSHALL, MILLER, TRELLO, HENNESSEY, BARD AND SURRA,
JUNE 25, 1996
REFERRED TO COMMITTEE ON GAME AND FISHERIES, JUNE 25, 1996
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, creating the Taxidermy Certification Board and
3 providing for its powers and duties; and further providing
4 for protected specimen mounting permits.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 2926 and 2927 of Title 34 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 2926. Taxidermy permits.
10 [(a) Requirements.--Unless further provided by commission
11 regulation, any person now holding a taxidermy permit shall be
12 eligible for a renewal. The commission shall set up a system of
13 examinations to determine the fitness of all future applicants
14 for the permits, including the establishment of appropriate fees
15 covering the cost of such examination. Nothing contained in this
16 section shall preclude the requirements of any other State or
17 Federal law.]
18 (a) Taxidermy Certification Board.--
1 (1) There is hereby created the Taxidermy Certification
2 Board, a departmental administrative board within the
3 commission. The board shall consist of five members who are
4 citizens of the United States and who have been residents of
5 this Commonwealth for a two-year period, one of whom shall be
6 a public member, three of whom shall be persons who hold
7 valid permits to perform taxidermy services in this
8 Commonwealth and one of whom shall be the director or his
9 designee.
10 (2) The members shall serve for four-year terms, except
11 as provided in paragraph (3), and shall be appointed by the
12 Governor.
13 (3) Within 90 days of the effective date of this
14 subsection, the Governor shall nominate one professional
15 member to serve a four-year term; one public member and one
16 professional member to serve three-year terms and one
17 professional member to serve a two-year term.
18 (4) Each board member shall continue in office until a
19 successor is appointed and qualified but no longer than six
20 months after the expiration of the term. In the event that a
21 board member shall die, resign or otherwise become
22 disqualified during the term of office, a successor shall be
23 appointed in the same way and with the same qualifications as
24 set forth in this section and shall hold office for the
25 unexpired portion of the term.
26 (5) No board member shall be eligible for appointment to
27 serve more than two consecutive four-year terms.
28 (6) A board member who fails to attend three consecutive
29 meetings shall forfeit the member's seat unless the director,
30 upon written request from the member, finds that the member
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1 should be excused from a meeting because of illness or the
2 death of a family member.
3 (7) Each member of the board, except the director, shall
4 receive per diem compensation at the rate of $60 per diem
5 when actually attending to the work of the board. Members
6 shall also receive reasonable traveling, hotel and other
7 necessary expenses incurred in the performance of their
8 duties in accordance with Commonwealth regulations.
9 (8) A majority of the members of the board serving in
10 accordance with law shall constitute a quorum for purposes of
11 conducting the business of the board. A member may not be
12 counted as part of a quorum or vote on any issue unless the
13 member is physically in attendance at the meeting.
14 (9) The board shall meet at least four times a year in
15 Harrisburg.
16 (10) Reasonable notice of all meetings shall be given in
17 conformity with the act of July 3, 1986 (P.L.388, No.84),
18 known as the Sunshine Act.
19 (11) Notwithstanding any other provision of law, the
20 board shall solely and exclusively have the following powers:
21 (i) To establish a system of examinations to
22 determine the fitness of all future applicants for
23 taxidermy permits, including the establishment of
24 appropriate fees covering the cost of examinations.
25 (ii) To pass upon the qualifications and fitness of
26 applicants for certification and to adopt and revise
27 rules and regulations requiring applicants to pass
28 examinations relating to their qualifications as a
29 prerequisite to the issuance of a taxidermy permit.
30 (iii) To set fees for taxidermy permits.
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1 (iv) To issue taxidermy permits.
2 (v) To waive examination and grant a permit in cases
3 deemed exceptional by the board and in accordance with
4 regulations promulgated by the board.
5 (vi) To adopt and, from time to time, revise rules
6 and regulations as may be necessary to carry into effect
7 the provisions of this section.
8 (12) All regulations regarding taxidermy promulgated by
9 the commission shall remain in effect unless later repealed
10 or modified by the board.
11 (13) Unless further provided by regulation of the board,
12 any person holding a taxidermy permit on the effective date
13 of this subsection shall be eligible for a renewal.
14 (b) Activities authorized.--Permits issued to persons
15 residing within this Commonwealth desiring to practice taxidermy
16 shall authorize the holder thereof to:
17 (1) Unless otherwise restricted, receive from any person
18 any bird or animal that has been legally or accidentally
19 killed, keep the specimen or any part thereof in possession
20 indefinitely and mount the specimen or any part thereof,
21 either himself or through any legitimate employee.
22 (2) Sell or dispose of any unclaimed specimen.
23 (3) Mount and sell any bird or animal which is lawfully
24 disposed of under authority of this title and the state or
25 nation where killed or taken.
26 (c) Unlawful acts.--It is unlawful:
27 (1) For any taxidermist to mount any bird or animal, or
28 part thereof, protected by this title, which was not lawfully
29 killed or raised under authority of a propagating permit
30 until the owner thereof presents a permit obtained from the
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1 [commission] Taxidermy Certification Board and, in the case
2 of migratory birds, the required Federal permit.
3 (2) For any person to do taxidermy work for another
4 without a permit. Employees of a [licensed] taxidermist
5 holding a currently valid permit may perform taxidermy work
6 without a permit at the permittee's shop under the
7 supervision of the permittee who shall be solely responsible
8 for the quality of the work.
9 (3) To violate any other provision of this section.
10 (d) Penalty.--A violation of this section is a summary
11 offense of the fourth degree.
12 (e) Other requirements.--Nothing contained in this section
13 shall preclude the requirements of any other Federal or State
14 law.
15 § 2927. Protected specimen mounting permits.
16 (a) Authorization.--Unless further provided by [commission]
17 regulation of the Taxidermy Certification Board, a permit shall
18 allow the holder to have a protected specimen mounted for his
19 personal use. This permit shall be issued by the [director]
20 Taxidermy Certification Board for any specimen not protected by
21 Federal laws or regulations. The person applying for the permit
22 shall not be involved with the killing of the protected
23 specimen.
24 (b) Endorsement of Federal permit.--The [director] Taxidermy
25 Certification Board may endorse any Federal permit issued for
26 mounting a migratory specimen which shall have the same effect
27 as having issued a State permit, and, for which action, the same
28 fee shall be charged as if a separate permit was issued.
29 (c) Unlawful acts.--It is unlawful:
30 (1) To possess a protected specimen without a permit as
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1 required by this section.
2 (2) For a taxidermist or any other person to mount any
3 protected specimens unless the owner of the specimen has
4 presented him with a copy of a permit issued by the
5 [commission] Taxidermy Certification Board. A [licensed]
6 taxidermist holding a currently valid permit may accept a
7 protected specimen for safekeeping and, after notifying the
8 nearest commission officer, hold it until the owner obtains
9 the necessary permit or for a period not exceeding 60 days.
10 (d) Penalty.--A violation of this section is a summary
11 offense of the fourth degree.
12 Section 2. This act shall take effect in 60 days.
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