SENATE AMENDED
PRIOR PRINTER'S NOS. 2596, 4084 PRINTER'S NO. 4140
No. 1994 Session of 1997
INTRODUCED BY FEESE, ZUG AND KREBS, NOVEMBER 24, 1997
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 17, 1998
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, FURTHER PROVIDING FOR THE DIRECTOR'S COMPENSATION; <--
3 IMPOSING DUTIES UPON THE EXECUTIVE BOARD; PROVIDING FOR <--
4 COMMISSION ACCOUNTABILITY; AND further providing for THE USE <--
5 OF CERTAIN GAME FUND REVENUES, FOR APPROPRIATION AND AUDIT OF
6 MONEYS, FOR POWERS AND DUTIES OF ENFORCEMENT OFFICERS, FOR
7 JURISDICTION AND PENALTIES, FOR ACKNOWLEDGMENT OF GUILT AND
8 RECEIPT, FOR PAYMENT DISPOSITION OF NONRESIDENTS, FOR
9 UNLAWFUL TAKING OR POSSESSION OF GAME OR WILDLIFE, FOR buying
10 and selling of game and wildlife, FOR CLASSES OF LICENSES <--
11 AND, FOR LICENSE COSTS AND FEES, FOR DISABLED PERSON PERMITS <--
12 AND FOR THE ARROWS FOR CROSSBOWS.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 2312(c) of Title 34 of the Pennsylvania <--
16 Consolidated Statutes is amended to read:
17 SECTION 1. TITLE 34 OF THE PENNSYLVANIA CONSOLIDATED <--
18 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
19 SECTION 1. SECTION 302(B) OF TITLE 34 OF THE PENNSYLVANIA <--
20 CONSOLIDATED STATUTES IS AMENDED TO READ:
21 § 302. DIRECTOR.
22 * * *
1 (B) COMPENSATION.--NOTWITHSTANDING ANY PROVISION OF LAW TO
2 THE CONTRARY, THE [COMMISSION] EXECUTIVE BOARD OF THE
3 COMMONWEALTH SHALL FIX THE COMPENSATION OF THE DIRECTOR.
4 * * *
5 SECTION 2. TITLE 34 IS AMENDED BY ADDING A SECTION TO READ:
6 § 328. ACCOUNTABILITY.
7 (A) RELATIONSHIP WITH PUBLIC.--THE COMMISSION SHALL
8 IMPLEMENT POLICIES AND PROGRAMS TO IMPROVE ITS RELATIONSHIP WITH
9 THE GENERAL PUBLIC AND WITH ITS LICENSEES IN ACCORDANCE WITH ITS
10 STRATEGIC PLAN.
11 (B) PROGRAM ACCOUNTABILITY.--THE COMMISSION SHALL REQUIRE
12 PROGRAM ACCOUNTABILITY OF ITS VARIOUS FUNCTIONS THROUGH PROGRAM
13 PERFORMANCE MEASUREMENT IN ACCORDANCE WITH ITS STRATEGIC PLAN.
14 (C) FINANCIAL ACCOUNTABILITY.--THE COMMISSION SHALL IMPROVE
15 THE FINANCIAL ACCOUNTABILITY OF ITS VARIOUS FUNCTIONS THROUGH
16 PERFORMANCE MEASUREMENT IN ACCORDANCE WITH ITS STRATEGIC PLAN.
17 (D) LAW ENFORCEMENT ACCOUNTABILITY.--THE COMMISSION SHALL
18 MAINTAIN A SYSTEM TO RESPOND TO CITIZEN COMPLAINTS AGAINST
19 WILDLIFE CONSERVATION OFFICERS AND DEPUTY WILDLIFE CONSERVATION
20 OFFICERS. THE COMMISSION SHALL RELEASE INFORMATION RELATING TO
21 THE NUMBER AND NATURE OF COMPLAINTS RECEIVED ON AT LEAST AN
22 ANNUAL BASIS. THE COMMISSION MAY RELEASE FURTHER INFORMATION
23 RELATED TO THE NATURE OF THE COMPLAINTS, PROVIDED THAT THE
24 RELEASE OF SUCH INFORMATION IS NOT PROHIBITED OR RESTRICTED BY
25 ANY CONTRACT, REGULATION, ORDER OF COURT OR STATUTE TO THE
26 CONTRARY.
27 (E) REPORTS TO GENERAL ASSEMBLY.--NO LATER THAN JANUARY 31
28 OF EACH YEAR THE COMMISSION THROUGH ITS EXECUTIVE DIRECTOR SHALL
29 MAKE ANNUAL WRITTEN REPORTS ON THE MATTERS DESCRIBED IN
30 SUBSECTIONS (A), (B), (C) AND (D) TO THE GAME AND FISHERIES
19970H1994B4140 - 2 -
1 COMMITTEE OF THE SENATE AND THE GAME AND FISHERIES COMMITTEE OF
2 THE HOUSE OF REPRESENTATIVES. THE COMMISSION SHALL MEET WITH THE
3 RESPECTIVE COMMITTEES OF THE GENERAL ASSEMBLY TO RECEIVE ORAL
4 TESTIMONY IN RELATION TO ANNUAL WRITTEN REPORTS WHEN SO
5 REQUESTED.
6 SECTION 2 3. SECTIONS 521(B), 522, 901(A), 902 AND 925(E) <--
7 AND (F) OF TITLE 34 ARE AMENDED TO READ:
8 § 521. ESTABLISHMENT AND USE OF GAME FUND.
9 * * *
10 (B) SPECIFIC ALLOCATION OF CERTAIN REVENUES.--
11 (1) A MINIMUM OF [$1.25] $4.25 FROM EACH RESIDENT AND $3 <--
12 FROM EACH NONRESIDENT LICENSE FOR WHICH THE FULL FEE HAS BEEN
13 PAID AND A MINIMUM OF $2 FROM EACH ANTLERLESS DEER LICENSE
14 ISSUED FOR WHICH THE FULL FEE HAS BEEN PAID SHALL BE USED
15 SOLELY FOR HABITAT IMPROVEMENT AND RESTORATION CONDUCIVE TO
16 INCREASING NATURAL PROPAGATION OF GAME OR WILDLIFE ON ALL
17 LANDS UNDER THE CONTROL OR OPERATION OF THE COMMISSION,
18 INCLUDING LANDS ENROLLED IN THE COMMISSION'S PUBLIC ACCESS
19 PROGRAMS AND OTHER PUBLIC LANDS OPEN TO HUNTING UNDER
20 AGREEMENT WITH THE COMMISSION. THE MONEYS COLLECTED UNDER
21 THIS PARAGRAPH SHALL BE DEPOSITED INTO TWO SEPARATE ACCOUNTS
22 AND SHALL BE USED EXCLUSIVELY FOR THE NATURAL PROPAGATION OF
23 GAME AND WILDLIFE BY:
24 (I) IMPROVING AND MAINTAINING ANY NATURAL WILDLIFE
25 HABITAT BY THE PRODUCTION, DISTRIBUTION AND PLANTING OF
26 TREES, SHRUBS, VINES AND FORAGE CROPS.
27 (II) FOREST MANAGEMENT PRACTICES RELATED TO THE
28 CREATION AND DEVELOPMENT OF FOOD AND COVER.
29 (III) DEVELOPMENT AND MANAGEMENT OF FOOD AND COVER
30 OPENINGS.
19970H1994B4140 - 3 -
1 (IV) PURCHASE, CONSTRUCTION AND ENHANCEMENT OF
2 WETLANDS AND RIPARIAN AREAS.
3 (V) CONSTRUCTION AND MAINTENANCE OF NESTING
4 STRUCTURES.
5 (VI) THE PRORATED COST FOR THE PURCHASE, MAINTENANCE
6 AND OPERATION OF EQUIPMENT, TOOLS AND MATERIALS NECESSARY
7 TO MEET THE HABITAT IMPROVEMENT OBJECTIVES OF THIS
8 SECTION. NO MONEYS IN THESE ACCOUNTS SHALL BE USED FOR
9 CAPITAL PURCHASES UNDER THIS SUBPARAGRAPH.
10 THE COMMISSION SHALL SUBMIT AN ANNUAL REPORT ON ALL
11 EXPENDITURES FROM THIS ACCOUNT IN THE MANNER PRESCRIBED UNDER
12 SECTION 522 (RELATING TO APPROPRIATION AND AUDIT OF MONEYS).
13 (2) ANY MONEYS COLLECTED BY OR FOR THE COMMISSION FROM
14 THE SALE OF THE MIGRATORY BIRD HUNTING LICENSE SHALL BE USED
15 SOLELY FOR THE PURPOSE OF MIGRATORY GAME BIRD MANAGEMENT,
16 HABITAT ACQUISITION AND IMPROVEMENT AND RELATED PROGRAM
17 ADMINISTRATIVE COSTS.
18 (3) A MINIMUM OF $3 FROM EACH RESIDENT AND NONRESIDENT <--
19 LICENSE FOR WHICH THE FULL FEE HAS BEEN PAID SHALL BE USED
20 SOLELY FOR HABITAT IMPROVEMENT AND RESTORATION CONDUCIVE TO
21 INCREASING NATURAL PROPAGATION OF GAME ON ALL LANDS UNDER THE
22 CONTROL OR OPERATION OF THE COMMISSION, INCLUDING LANDS
23 ENROLLED IN THE COMMISSION'S PUBLIC ACCESS PROGRAMS AND OTHER
24 PUBLIC LANDS OPEN TO HUNTING UNDER AGREEMENT WITH THE
25 COMMISSION. THE MONEYS COLLECTED UNDER THIS PARAGRAPH SHALL
26 BE USED EXCLUSIVELY FOR THE NATURAL PROPAGATION OF GAME BY:
27 (I) IMPROVING AND MAINTAINING ANY NATURAL WILDLIFE
28 HABITAT BY THE PRODUCTION, DISTRIBUTION AND PLANTING OF
29 TREES, SHRUBS, VINES AND FORAGE CROPS.
30 (II) FOREST MANAGEMENT PRACTICES RELATED TO THE
19970H1994B4140 - 4 -
1 CREATION AND DEVELOPMENT OF FOOD AND COVER.
2 (III) DEVELOPMENT AND MANAGEMENT OF FOOD AND COVER
3 OPENINGS.
4 (IV) CONSTRUCTION AND ENHANCEMENT OF WETLANDS AND
5 RIPARIAN AREAS.
6 (V) CONSTRUCTION AND MAINTENANCE OF NESTING
7 STRUCTURES.
8 (VI) THE PRORATED COST FOR THE MAINTENANCE AND
9 OPERATION OF EQUIPMENT, TOOLS AND MATERIALS NECESSARY TO
10 MEET THE HABITAT IMPROVEMENT OBJECTIVES OF THIS SECTION.
11 NO MONEYS IN THESE ACCOUNTS SHALL BE USED FOR CAPITAL
12 PURCHASES UNDER THIS SUBPARAGRAPH.
13 THE COMMISSION SHALL SUBMIT AN ANNUAL REPORT ON ALL
14 EXPENDITURES FROM THIS ACCOUNT IN THE MANNER PRESCRIBED UNDER
15 SECTION 522 (RELATING TO APPROPRIATION AND AUDIT OF MONEYS).
16 § 522. APPROPRIATION AND AUDIT OF MONEYS.
17 (A) APPROPRIATION.--[ALL] SUBJECT TO AN ANNUAL REVIEW AND
18 RECOMMENDATIONS UNDER SUBSECTION (B), ALL MONEYS IN THE GAME
19 FUND ARE HEREBY APPROPRIATED TO THE COMMISSION AND MAY BE
20 EXPENDED ONLY FOR THE PURPOSES AUTHORIZED UNDER THIS TITLE.
21 (B) AUDIT AND REPORT.--[THE COMMISSION SHALL SUBMIT AN
22 ANNUAL WRITTEN AND ORAL REPORT TO THE GAME AND FISHERIES
23 COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES NO
24 LATER THAN MARCH 31 OF EACH YEAR. THE WRITTEN REPORT SHALL
25 INCLUDE COMPLETE BUDGETS FOR THE CURRENT FISCAL YEAR AND FOR THE
26 FISCAL YEAR ABOUT TO COMMENCE. AN AUDIT OF THE BUDGET FOR THE
27 CONCLUDING FISCAL YEAR SHALL BE CONDUCTED BY THE LEGISLATIVE
28 BUDGET AND FINANCE COMMITTEE AND SHALL BE SUBMITTED TO THE GAME
29 AND FISHERIES COMMITTEES NO LATER THAN FEBRUARY 28 OF EACH
30 YEAR.]
19970H1994B4140 - 5 -
1 (1) A PERFORMANCE AUDIT OF THE COMMISSION TO EXAMINE THE
2 COMMISSION'S COMPLIANCE WITH ITS STRATEGIC PLAN FOR THE
3 CONCLUDING FISCAL YEAR SHALL BE CONDUCTED BY THE LEGISLATIVE
4 BUDGET AND FINANCE COMMITTEE AND SHALL BE SUBMITTED TO THE
5 GAME AND FISHERIES COMMITTEE AND THE APPROPRIATIONS COMMITTEE
6 OF THE SENATE AND THE GAME AND FISHERIES COMMITTEE AND THE
7 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES NO
8 LATER THAN FEBRUARY 28, 1999 2000. AFTER FEBRUARY 28, 1999 <--
9 2000, THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE OF THE <--
10 SENATE SHALL CONDUCT A PERFORMANCE AUDIT OF THE COMMISSION
11 EVERY THREE YEARS NO LATER THAN FEBRUARY 28TH.
12 (2) NO LATER THAN JANUARY 31 OF EACH YEAR THE COMMISSION
13 THROUGH ITS EXECUTIVE DIRECTOR SHALL SUBMIT AN ANNUAL WRITTEN
14 REPORT TO THE GAME AND FISHERIES COMMITTEE AND THE
15 APPROPRIATIONS COMMITTEE OF THE SENATE AND THE GAME AND
16 FISHERIES COMMITTEE AND THE APPROPRIATIONS COMMITTEE OF THE
17 HOUSE OF REPRESENTATIVES WHICH SHALL INCLUDE THE COMPLETE
18 BUDGET FOR THE CURRENT FISCAL YEAR AND FOR THE NEXT FISCAL
19 YEAR. THE COMMISSION SHALL MEET WITH THE SPECIFIED COMMITTEES
20 OF THE GENERAL ASSEMBLY TO RECEIVE ORAL TESTIMONY IN RELATION
21 TO THE ANNUAL WRITTEN REPORTS, AND TO EXAMINE THE
22 COMMISSION'S COMPLIANCE WITH SECTION 328 (RELATING TO
23 ACCOUNTABILITY) WHEN SO REQUESTED.
24 (C) EXPENDITURES FROM GAME FUND.--[THE] AFTER REVIEW UNDER
25 SUBSECTION (A), THE COMMISSION SHALL SUBMIT TO THE GOVERNOR, FOR
26 APPROVAL OR DISAPPROVAL, ESTIMATES OF THE AMOUNT OF MONEYS TO BE
27 EXPENDED FROM THE GAME FUND. THE STATE TREASURER SHALL NOT HONOR
28 ANY REQUISITION FOR EXPENDITURE OF ANY MONEYS IN EXCESS OF THE
29 AMOUNT APPROVED BY THE GOVERNOR. MONEYS IN THE GAME FUND SHALL
30 BE PAID OUT UPON WARRANT OF THE STATE TREASURER DRAWN AFTER
19970H1994B4140 - 6 -
1 REQUISITION BY THE DIRECTOR OF THE COMMISSION.
2 § 901. POWERS AND DUTIES OF ENFORCEMENT OFFICERS.
3 (A) POWERS.--ANY OFFICER WHOSE DUTY IT IS TO ENFORCE THIS
4 TITLE OR ANY OFFICER INVESTIGATING ANY ALLEGED VIOLATION OF THIS
5 TITLE SHALL HAVE THE POWER AND DUTY TO:
6 (1) ENFORCE ALL LAWS OF THIS COMMONWEALTH RELATING TO
7 GAME OR WILDLIFE AND ARREST ANY PERSON WHO HAS VIOLATED ANY
8 OF THE PROVISIONS OF THIS TITLE WHILE IN PURSUIT OF THAT
9 PERSON IMMEDIATELY FOLLOWING THE VIOLATION.
10 (2) GO UPON ANY LAND OR WATER OUTSIDE OF BUILDINGS,
11 POSTED OR OTHERWISE, IN THE PERFORMANCE OF THE OFFICER'S
12 DUTY.
13 (3) SERVE SUBPOENAS ISSUED UNDER THE PROVISIONS OF THIS
14 TITLE.
15 (4) CARRY FIREARMS OR OTHER WEAPONS, CONCEALED OR
16 OTHERWISE, IN THE PERFORMANCE OF THE OFFICER'S DUTIES.
17 (5) PURCHASE AND RESELL GAME OR WILDLIFE, OR ANY PART
18 THEREOF, FOR THE PURPOSE OF SECURING EVIDENCE.
19 (6) STOP AND INSPECT OR SEARCH, AT ANY TIME, [WITHOUT
20 WARRANT,] ANY MEANS OF TRANSPORTATION WITHIN THIS
21 COMMONWEALTH. ANY OFFICER WHO STOPS ANY MEANS OF
22 TRANSPORTATION SHALL BE IN UNIFORM AND PRESENT A BADGE OR
23 OTHER MEANS OF OFFICIAL IDENTIFICATION AND STATE THE PURPOSE
24 OF THE INSPECTION OR SEARCH.
25 (7) INSPECT AND EXAMINE OR SEARCH, AT ANY TIME OR PLACE,
26 ANY PERSON OR MEANS OF TRANSPORTATION OR ITS ATTACHMENT OR
27 OCCUPANTS, OR ANY CLOTHING WORN BY ANY PERSON, OR ANY BAG,
28 CLOTHING OR CONTAINER WHEN THE OFFICER PRESENTS OFFICIAL
29 IDENTIFICATION AND STATES THE PURPOSE OF THE INSPECTION OR
30 SEARCH.
19970H1994B4140 - 7 -
1 (8) INSPECT AND EXAMINE OR SEARCH, AT ANY TIME, [WITHOUT
2 WARRANT,] ANY CAMP, TENT, CABIN, TRAILER OR ANY MEANS OF
3 TRANSPORTATION OR ITS ATTACHMENT BEING USED WHEN THE OFFICER
4 PRESENTS OFFICIAL IDENTIFICATION TO THE PERSON IN CHARGE AND
5 STATES THE PURPOSE OF THE INSPECTION OR SEARCH.
6 (9) SECURE AND EXECUTE ALL WARRANTS AND SEARCH WARRANTS
7 FOR VIOLATIONS OF THIS TITLE OR, WITH PROPER CONSENT, TO
8 SEARCH OR ENTER ANY BUILDING, DWELLING, HOUSE, TAVERN, HOTEL,
9 BOARDINGHOUSE, ENCLOSURE, VEHICLE OR CRAFT OR ANY ATTACHMENTS
10 THERETO, TO OPEN, BY WHATEVER MEANS NECESSARY, ANY DOOR,
11 COMPARTMENT, CHEST, LOCKER, BOX, TRUNK, BAG, BASKET, PACKAGE
12 OR CONTAINER AND TO EXAMINE THE CONTENTS THEREOF AND SEIZE
13 ANY EVIDENCE OR CONTRABAND FOUND THEREIN.
14 (10) WHEN MAKING AN ARREST OR AN INVESTIGATION OR WHEN
15 FOUND IN THE EXECUTION OF A SEARCH WARRANT, SEIZE AND TAKE
16 POSSESSION OF ALL GAME OR WILDLIFE OR PARTS OF GAME OR
17 WILDLIFE WHICH HAVE BEEN TAKEN, CAUGHT, KILLED, HAD OR HELD
18 IN POSSESSION, AND SEIZE ALL FIREARMS, SHOOTING OR HUNTING
19 PARAPHERNALIA, VEHICLES, BOATS, CONVEYANCES, TRAPS, DOGS,
20 DECOYS, AUTOMOTIVE EQUIPMENT, RECORDS, PAPERS, PERMITS,
21 LICENSES AND ALL CONTRABAND OR ANY UNLAWFUL DEVICE, IMPLEMENT
22 OR OTHER APPLIANCE USED IN VIOLATION OF ANY OF THE LAWS
23 RELATING TO GAME OR WILDLIFE.
24 (11) ADMINISTER ANY OATHS REQUIRED BY THE PROVISIONS OF
25 THIS TITLE OR RELATIVE TO ANY VIOLATION OF ANY LAW RELATING
26 TO GAME OR WILDLIFE AND, WHERE GAME OR WILDLIFE IS FOUND IN A
27 CAMP OR IN POSSESSION OR UNDER CONTROL OF ANY INDIVIDUAL OR
28 HUNTING PARTY, QUESTION THE PERSON OR PERSONS, UNDER OATH,
29 RELATIVE TO THE TAKING, OWNERSHIP OR POSSESSION OF THE GAME
30 OR WILDLIFE.
19970H1994B4140 - 8 -
1 (12) OPERATE OR MOVE ANY VEHICLE, PERMANENTLY OR
2 TEMPORARILY EQUIPPED WITH A TYPE OF FLASHING OR ROTATING RED
3 LIGHT OR LIGHTS OR AUDIBLE DEVICE OR BOTH, APPROVED BY THE
4 COMMISSION, UPON ANY STREET OR HIGHWAY WITHIN THIS
5 COMMONWEALTH WHEN PERFORMING DUTIES WITHIN THE SCOPE OF
6 EMPLOYMENT.
7 (13) DEMAND AND SECURE ASSISTANCE WHEN THE OFFICER DEEMS
8 IT NECESSARY.
9 (14) DEMAND AND SECURE IDENTIFICATION FROM ANY PERSON.
10 (15) ENFORCE ALL THE LAWS OF THIS COMMONWEALTH AND
11 REGULATIONS PROMULGATED THEREUNDER RELATING TO FISH, BOATS,
12 PARKS AND FORESTRY AND OTHER ENVIRONMENTAL MATTERS, UNDER THE
13 DIRECTION OF THOSE AGENCIES CHARGED WITH THE ADMINISTRATION
14 OF THESE LAWS.
15 (16) REQUIRE THE HOLDER OF ANY LICENSE OR PERMIT
16 REQUIRED BY THIS TITLE OR BY COMMISSION REGULATION TO SIGN
17 THE HOLDER'S NAME ON A SEPARATE PIECE OF PAPER IN THE
18 PRESENCE OF THE REQUESTING OFFICER.
19 (17) WHEN ACTING WITHIN THE SCOPE OF THE OFFICER'S
20 EMPLOYMENT, PURSUE, APPREHEND OR ARREST ANY INDIVIDUAL
21 SUSPECTED OF VIOLATING ANY PROVISION OF TITLE 18 (RELATING TO
22 CRIMES AND OFFENSES) OR ANY OTHER OFFENSE CLASSIFIED AS A
23 MISDEMEANOR OR FELONY. THE OFFICER SHALL ALSO HAVE THE POWER
24 TO SERVE AND EXECUTE WARRANTS ISSUED BY THE PROPER
25 AUTHORITIES FOR OFFENSES REFERRED TO IN THIS PARAGRAPH AND TO
26 SERVE SUBPOENAS ISSUED FOR EXAMINATION. ALL POWERS AS
27 PROVIDED FOR IN THIS PARAGRAPH WILL BE LIMITED BY SUCH
28 ADMINISTRATIVE PROCEDURE AS THE DIRECTOR, WITH THE APPROVAL
29 OF THE COMMISSION, SHALL PRESCRIBE. THE REGULATIONS SHALL BE
30 PROMULGATED WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS
19970H1994B4140 - 9 -
1 PARAGRAPH.
2 (18) WHEN ACTING WITHIN THE SCOPE OF THE OFFICER'S
3 EMPLOYMENT AND UNDER THE PROCEDURES OUTLINED BY THE EXECUTIVE
4 DIRECTOR, TO USE A FACSIMILE IN THE ENFORCEMENT OF THE
5 PROVISIONS OF THIS TITLE AND THE REGULATIONS PROMULGATED
6 HEREUNDER.
7 * * *
8 § 902. DEPUTY GAME COMMISSION OFFICERS. <--
9 EXCEPT FOR THE POWERS CONFERRED UNDER SECTION 901(17) AND
10 (18) (RELATING TO POWERS AND DUTIES OF ENFORCEMENT OFFICERS),
11 DEPUTY GAME COMMISSION OFFICERS SHALL, UNLESS FURTHER RESTRICTED
12 BY THE DIRECTOR, EXERCISE ALL THE POWERS AND PERFORM ALL THE
13 DUTIES CONFERRED BY THIS TITLE ON GAME COMMISSION OFFICERS[.],
14 EXCEPT DEPUTY WILDLIFE CONSERVATION OFFICERS SHALL NOT BE
15 AUTHORIZED TO ISSUE CITATIONS OR FIELD ACKNOWLEDGMENTS OF GUILT
16 FOR VIOLATIONS AND SHALL PROVIDE THE INFORMATION TO THE WILDLIFE
17 CONSERVATION OFFICER. RETIRED WILDLIFE CONSERVATION OFFICERS,
18 RETIRED WATERWAYS CONSERVATION OFFICERS, STATE PARK RANGERS,
19 STATE FOREST RANGERS OR CURRENT OR RETIRED STATE OR MUNICIPAL
20 POLICE OFFICERS SHALL EXERCISE ALL POWERS AND DUTIES CONFERRED
21 ON DEPUTY GAME COMMISSION OFFICERS, INCLUDING THE RIGHT TO ISSUE
22 CITATIONS AND FIELD ACKNOWLEDGMENTS OF GUILT FOR VIOLATIONS.
23 § 925. JURISDICTION AND PENALTIES.
24 * * *
25 (E) INSTALLMENT PAYMENT OF FINES.--[INSTALLMENT PAYMENTS
26 UNDER 42 PA.C.S. § 9758(B) (RELATING TO INSTALLMENT PAYMENT) FOR
27 FINES IMPOSED FOR SUMMARY OFFENSES UNDER THIS TITLE OR THE
28 REGULATIONS SHALL NOT EXCEED A PERIOD OF ONE YEAR. INSTALLMENT
29 PAYMENTS FOR MISDEMEANOR OFFENSES UNDER THIS TITLE OR THE
30 REGULATIONS OTHER THAN SECTION 2522 (RELATING TO SHOOTING AT OR
19970H1994B4140 - 10 -
1 CAUSING INJURY TO HUMAN BEINGS) SHALL NOT EXCEED A PERIOD OF TWO
2 YEARS.] UPON A PLEA AND PROOF THAT PERSON IS UNABLE TO PAY ANY
3 FINE AND COSTS IMPOSED UNDER THIS TITLE, A COURT MAY, IN
4 ACCORDANCE WITH 42 PA.C.S. § 9758 (RELATING TO FINE), PERMIT
5 INSTALLMENT PAYMENTS IT CONSIDERS APPROPRIATE TO THE
6 CIRCUMSTANCES OF THE DEFENDANT, IN WHICH CASE ITS ORDER SHALL
7 SPECIFY WHEN EACH INSTALLMENT PAYMENT IS DUE.
8 (F) NONPAYMENT OF FINES AND COSTS.--UNLESS OTHERWISE
9 PROVIDED IN THIS TITLE, EACH PERSON WHO FAILS TO PAY THE FINE
10 IMPOSED MAY, AFTER HEARING BEFORE A DISTRICT JUSTICE, BE
11 IMPRISONED UNTIL THE FINE IS PAID IN FULL. [NO TERM OF
12 IMPRISONMENT FOR NONPAYMENT OF FINES SHALL EXCEED 90 DAYS.] THE
13 COURT MAY IMPRISON THE PERSON FOR A NUMBER OF DAYS EQUAL TO ONE
14 DAY FOR EACH $40 OF THE UNPAID BALANCE OF THE FINE AND COSTS NOT
15 TO EXCEED 120 DAYS.
16 * * *
17 SECTION 3 4. SECTION 926(A) OF TITLE 34 IS AMENDED AND THE <--
18 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
19 § 926. ACKNOWLEDGMENT OF GUILT AND RECEIPT FOR PAYMENT.
20 (A) GENERAL RULE.--[A] EXCEPT AS PROVIDED IN SUBSECTION (D),
21 A PERSON CHARGED WITH VIOLATING ANY PROVISION OF THIS TITLE
22 WHICH IS A SUMMARY OFFENSE MAY SIGN, WITHIN TEN DAYS OF THE
23 COMMISSION OF THE OFFENSE, AN ACKNOWLEDGMENT OF THE OFFENSE
24 COMMITTED AND PAY TO AN OFFICER OF THE COMMISSION THE PENALTY IN
25 FULL, AS FIXED BY THIS TITLE, PLUS ANY COSTS OF PROSECUTION
26 WHICH MAY HAVE ACCRUED. THE PRINTED RECEIPT FOR THIS PAYMENT
27 SHALL ONLY PROVE FULL SATISFACTION OF THE MONETARY FINE FOR THE
28 OFFENSE COMMITTED AND IN NO WAY SHALL LIMIT THE COMMISSION FROM
29 FURTHER REVOKING HUNTING AND FURTAKING PRIVILEGES.
30 * * *
19970H1994B4140 - 11 -
1 (D) LIMITATIONS OF ACKNOWLEDGMENTS OF GUILT.--ON AND AFTER
2 JUNE 30, 1999, ACKNOWLEDGMENTS OF GUILT PURSUANT TO THIS SECTION
3 SHALL BE USED ONLY IN SUCH COUNTIES AS THE COMMISSION MAY
4 DESIGNATE BY REGULATION FOR SUCH USE. THE COMMISSION SHALL ONLY
5 DESIGNATE SUCH COUNTIES FOR CONTINUED USE OF FIELD
6 ACKNOWLEDGMENT AS IT FINDS TO HAVE SUMMARY OFFENSE PROCEDURES
7 THAT DIFFER FROM STATEWIDE SUMMARY OFFENSE PROCEDURES.
8 SECTION 4. SECTIONS 931, 2307(B) AND 2312(C) OF TITLE 34 ARE <--
9 AMENDED TO READ:
10 SECTION 5. SECTION 931 OF TITLE 34 IS AMENDED TO READ: <--
11 [§ 931. ARREST OF NONRESIDENT.
12 (A) GENERAL RULE.--UPON THE ARREST, APPREHENSION OR CITATION
13 OF A NONRESIDENT OF THIS COMMONWEALTH FOR ANY VIOLATION OF THIS
14 TITLE THAT IS A SUMMARY OFFENSE, ANY OFFICER WHOSE DUTY IT IS TO
15 ENFORCE THE PROVISIONS OF THIS TITLE SHALL, UNLESS THE DEFENDANT
16 ELECTS TO ACKNOWLEDGE GUILT IN ACCORDANCE WITH SECTION 926
17 (RELATING TO ACKNOWLEDGMENT OF GUILT AND RECEIPT FOR PAYMENT),
18 ESCORT THE DEFENDANT TO THE APPROPRIATE DISTRICT JUSTICE FOR A
19 HEARING, POSTING OF BOND OR PAYMENT OF THE APPLICABLE FINE AND
20 COSTS, UNLESS THE DEFENDANT CHOOSES TO PLACE THE AMOUNT OF THE
21 APPLICABLE FINE AND COSTS IN A STAMPED ENVELOPE ADDRESSED TO THE
22 APPROPRIATE DISTRICT JUSTICE AND MAILS THE ENVELOPE IN THE
23 PRESENCE OF THE OFFICER WHO SHALL ISSUE THE DEFENDANT A
24 CITATION.
25 (B) PROCEDURE UPON PAYMENT BY MAIL.--IF THE DEFENDANT
26 ACCEPTS THE CITATION AND MAILS THE AMOUNT OF FINE AND COSTS
27 PRESCRIBED IN SUBSECTION (A), HE SHALL INDICATE THE PAYMENT
28 CONSTITUTES A BOND FOR A HEARING BASED ON A PLEA OF NOT GUILTY.
29 THE DISTRICT JUSTICE SHALL THEN HANDLE THE CASE AS A "PLEA
30 ENTERED BY MAIL."
19970H1994B4140 - 12 -
1 (C) FORM OF PAYMENT.--THE AMOUNT OF FINE AND COSTS SHALL BE
2 PAID IN CASH, MONEY ORDER, CERTIFIED CHECK OR GUARANTEED ARREST
3 BOND. THE COMMISSION, BY REGULATION, MAY ENLARGE OR RESTRICT THE
4 TYPE OF PAYMENT WHICH MAY BE MADE BY MAIL.]
5 § 931. DISPOSITION OF NONRESIDENT OFFENDERS.
6 SUBJECT TO ANY INCONSISTENT REGULATIONS OR RULES PRESCRIBED
7 PURSUANT TO 42 PA.C.S. § 3502 (RELATING TO FINANCIAL
8 REGULATIONS):
9 (1) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (2), UPON
10 THE APPREHENSION OF A NONRESIDENT OF THIS COMMONWEALTH FOR
11 ANY VIOLATION OF THIS TITLE THAT IS A SUMMARY OFFENSE, THE
12 OFFICER WHOSE DUTY IT IS TO ENFORCE THIS TITLE SHALL ISSUE A
13 CITATION AS PROVIDED BY THE PENNSYLVANIA RULES OF CRIMINAL
14 PROCEDURE UNLESS THE NONRESIDENT OFFENDER ELECTS TO PROCEED
15 UNDER SECTION 926 (RELATING TO ACKNOWLEDGMENT OF GUILT AND
16 RECEIPT FOR PAYMENT).
17 (2) AN OFFICER WHOSE DUTY IT IS TO ENFORCE THIS TITLE
18 SHALL BE AUTHORIZED TO ARREST A NONRESIDENT FOR A SUMMARY
19 OFFENSE VIOLATION OF THIS TITLE AND ESCORT HIM TO THE
20 APPROPRIATE ISSUING AUTHORITY FOR A HEARING, POSTING OF BOND
21 OR PAYMENT OF THE APPLICABLE FINE AND COSTS ONLY WHEN ONE OR
22 MORE OF THE FOLLOWING CIRCUMSTANCES EXIST:
23 (I) THE NONRESIDENT OFFENDER REFUSES TO ACCEPT A
24 CITATION FROM THE OFFICER.
25 (II) THE NONRESIDENT OFFENDER FAILS TO PROVIDE
26 POSITIVE IDENTIFICATION SHOWING HIS MAILING ADDRESS.
27 (III) THE OFFICER HAS REASONABLE GROUNDS TO BELIEVE
28 THE NONRESIDENT OFFENDER IS A REPEAT OFFENDER UNDER THIS
29 TITLE.
30 (IV) THE OFFICER HAS REASONABLE GROUNDS TO BELIEVE
19970H1994B4140 - 13 -
1 THE NONRESIDENT OFFENDER IS HUNTING WHILE HIS HUNTING
2 PRIVILEGES ARE SUSPENDED OR FURTAKING WHILE HIS FURTAKING
3 PRIVILEGES ARE SUSPENDED.
4 (V) THE OFFICER HAS REASONABLE GROUNDS TO BELIEVE
5 THE NONRESIDENT OFFENDER HAS FAILED TO RESPOND TO A
6 CITATION ISSUED UNDER THIS TITLE OR TO PAY ASSESSED FINES
7 OR PENALTIES FOR A PRIOR OFFENSE UNDER THIS TITLE.
8 (VI) THE OFFICER HAS REASONABLE GROUNDS TO BELIEVE
9 THE NONRESIDENT OFFENDER MAY POSE A THREAT OF HARM TO
10 ANOTHER PERSON OR PROPERTY OR TO HIMSELF OR HERSELF.
11 (VII) THE OFFICER HAS REASONABLE GROUNDS TO BELIEVE
12 THE NONRESIDENT OFFENDER WILL NOT APPEAR AS REQUIRED IF
13 ISSUED A CITATION.
14 THE OFFICER SHALL NOT EXERCISE HIS AUTHORITY TO ARREST A
15 NONRESIDENT UNDER THIS PARAGRAPH IF THE NONRESIDENT OFFENDER
16 CHOOSES TO PLACE THE AMOUNT OF THE APPLICABLE FINE AND COSTS
17 IN A STAMPED ENVELOPE ADDRESSED TO THE APPROPRIATE ISSUING
18 AUTHORITY AND MAILS THE ENVELOPE IN THE PRESENCE OF THE
19 OFFICER.
20 (3) THE AMOUNT OF FINE AND COSTS TO BE MAILED TO THE
21 ISSUING AUTHORITY UNDER PARAGRAPH (2) MAY BE PAID IN CASH,
22 PERSONAL OR OTHER CHECK, CREDIT CARD OR GUARANTEED ARREST
23 BOND.
24 (4) THE OFFICER SHALL GIVE THE NONRESIDENT OFFENDER A
25 RECEIPT FOR PAYMENT, A COPY OF WHICH SHALL BE MAILED WITH THE
26 PAYMENT AND A COPY RETAINED BY THE OFFICER.
27 SECTION 6. SECTION 2307(B) AND (D) OF TITLE 34 ARE AMENDED <--
28 AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
29 § 2307. UNLAWFUL TAKING OR POSSESSION OF GAME OR WILDLIFE.
30 * * *
19970H1994B4140 - 14 -
1 (B) [RETENTION OF GAME OR WILDLIFE LAWFULLY TAKEN.--EXCEPT
2 AS FIXED BY REGULATION OF THE COMMISSION, GAME OR WILDLIFE
3 LAWFULLY TAKEN WITHIN THIS COMMONWEALTH DURING THE OPEN SEASON
4 MAY BE RETAINED BY RESIDENTS UNTIL THE END OF THE LICENSE YEAR
5 IN WHICH TAKEN.] RESERVED.
6 * * *
7 (D) EXCEPTIONS.--THIS SECTION SHALL NOT APPLY TO AUTHORIZED <--
8 INDIVIDUALS WHO EUTHANIZE CRITICALLY INJURED GAME OR WILDLIFE,
9 WHICH SHALL BE PERMITTED WHEN IT IS REASONABLE TO BELIEVE THAT
10 THE CHANCE OF SURVIVAL OF THE INJURED GAME OR WILDLIFE IS
11 MINIMAL OR THE INJURED GAME OR WILDLIFE POSES A THREAT TO HUMAN
12 SAFETY.
13 [(D)] (E) PENALTIES.--A VIOLATION OF THIS SECTION RELATING
14 TO:
15 (1) THREATENED OR ENDANGERED SPECIES IS A MISDEMEANOR OF
16 THE THIRD DEGREE.
17 (2) ELK OR BEAR IS A SUMMARY OFFENSE OF THE FIRST
18 DEGREE.
19 (3) DEER IS A SUMMARY OFFENSE OF THE SECOND DEGREE.
20 (4) BOBCAT OR OTTER IS A SUMMARY OFFENSE OF THE THIRD
21 DEGREE.
22 (5) WILD TURKEY OR BEAVER IS A SUMMARY OFFENSE OF THE
23 FOURTH DEGREE.
24 (6) ANY OTHER GAME OR WILDLIFE IS A SUMMARY OFFENSE OF
25 THE FIFTH DEGREE.
26 (F) DEFINITION.--AS USED IN THIS SECTION, THE TERM
27 "AUTHORIZED INDIVIDUAL" MEANS ANY PERSON WHO:
28 (1) HAS 18 PA.C.S. ENFORCEMENT POWERS.
29 (2) IS A CURRENTLY EMPLOYED WATERWAY CONSERVATION
30 OFFICER OR DEPUTY WATERWAY CONSERVATION OFFICER.
19970H1994B4140 - 15 -
1 (3) IS A CURRENTLY EMPLOYED WILDLIFE CONSERVATION
2 OFFICER OR DEPUTY WILDLIFE CONSERVATION OFFICER.
3 (4) IS A CURRENTLY EMPLOYED STATE PARK RANGER OR A STATE
4 FOREST RANGER.
5 (5) IS A VETERINARIAN LICENSED TO PRACTICE IN THE UNITED
6 STATES.
7 SECTION 7. SECTION 2312(C) OF TITLE 34 IS AMENDED TO READ:
8 § 2312. Buying and selling game.
9 * * *
10 (c) Exception.--
11 (1) Nothing in this section shall be construed to
12 prevent the purchase or sale of game raised under authority
13 of a propagating permit in this Commonwealth or the capture
14 and sale of game or wildlife after securing a permit from the
15 director and payment of any fees established by the
16 commission or the purchase or sale of the tanned, cured or
17 mounted heads or skins, or parts thereof, of any game or
18 wildlife not killed in a wild state in this Commonwealth, or
19 the sale or purchase of any inedible part thereof, from game
20 or wildlife lawfully killed, if such parts are disposed of by
21 the original owner within 90 days after the close of the
22 season in which the game or wildlife was taken. Prior to
23 selling parts of game or wildlife under the provisions of
24 this subsection, all edible parts shall be removed.
25 (2) The commission may, by regulation, authorize the
26 buying and selling of inedible parts of game and wildlife as
27 it deems appropriate.
28 (3) This subsection shall not be construed to permit any
29 individual or agency other than the commission to sell the
30 skins or parts of game or wildlife killed as a protection to
19970H1994B4140 - 16 -
1 crops, or accidentally killed upon the highways, or seized as
2 contraband.
3 * * *
4 SECTION 5 8. SECTION 2705(7) OF TITLE 34 IS AMENDED AND THE <--
5 SECTION IS AMENDED BY ADDING PARAGRAPHS TO READ:
6 § 2705. CLASSES OF LICENSES.
7 UNLESS OTHERWISE PROVIDED, ANY PERSON WISHING TO EXERCISE ANY
8 OF THE PRIVILEGES GRANTED BY THIS TITLE SHALL FIRST SECURE THE
9 APPLICABLE RESIDENT OR NONRESIDENT HUNTING OR FURTAKER LICENSE
10 AS FOLLOWS:
11 * * *
12 (7) [(RESERVED).] SENIOR LIFETIME RESIDENT COMBINATION
13 HUNTING AND FURTAKING LICENSE, INCLUDING ARCHERY AND
14 MUZZLELOADER PRIVILEGES, TO RESIDENTS WHO HAVE REACHED OR
15 WILL REACH THEIR 65TH BIRTHDAY IN THE YEAR OF THE APPLICATION
16 FOR THE LICENSE. THE COMMISSION SHALL DEVELOP, IMPLEMENT AND
17 ADMINISTER A SYSTEM TO PROVIDE TAGS, REPORT CARDS AND
18 APPLICATIONS TO THOSE RESIDENTS WHO HOLD A SENIOR LIFETIME
19 RESIDENT HUNTING LICENSE ISSUED UNDER THIS PARAGRAPH. THE
20 SYSTEM SHALL REQUIRE THE APPLICANT OR LICENSE HOLDER TO PAY
21 ANY APPROVED FEE ASSESSED BY THE ISSUING AGENT.
22 (7.1) JUNIOR RESIDENT COMBINATION HUNTING AND FURTAKER
23 LICENSE, INCLUDING ARCHERY AND MUZZLELOADER PRIVILEGES, TO
24 RESIDENTS WHO HAVE REACHED OR WILL REACH THEIR 12TH BIRTHDAY
25 IN THE CALENDAR YEAR OF APPLICATION FOR A LICENSE BUT WHO
26 HAVE NOT REACHED THEIR 17TH BIRTHDAY PRIOR TO THE DATE OF THE
27 APPLICATION FOR THE LICENSE AND WHO PRESENT A WRITTEN
28 REQUEST, CONTAINING THE SIGNATURE OF A PARENT OR GUARDIAN,
29 FOR THE ISSUANCE OF A LICENSE. THE ACTUAL PRIVILEGES GRANTED
30 TO THE HOLDER OF A JUNIOR RESIDENT COMBINATION LICENSE SHALL
19970H1994B4140 - 17 -
1 NOT BE EXERCISED UNTIL THAT PERSON IN FACT IS 12 YEARS OF
2 AGE.
3 * * *
4 (11.1) JUNIOR NONRESIDENT COMBINATION HUNTING AND
5 FURTAKER LICENSE, INCLUDING ARCHERY AND MUZZLELOADER
6 PRIVILEGES, TO NONRESIDENTS WHO HAVE REACHED OR WILL REACH
7 THEIR 12TH BIRTHDAY IN THE CALENDAR YEAR OF APPLICATION FOR A
8 LICENSE BUT WHO HAVE NOT REACHED THEIR 17TH BIRTHDAY PRIOR TO
9 THE DATE OF THE APPLICATION FOR THE LICENSE AND WHO PRESENT A
10 WRITTEN REQUEST, CONTAINING THE SIGNATURE OF A PARENT OR
11 GUARDIAN, FOR THE ISSUANCE OF A LICENSE. THE ACTUAL
12 PRIVILEGES GRANTED TO THE HOLDER OF A JUNIOR NONRESIDENT
13 COMBINATION LICENSE SHALL NOT BE EXERCISED UNTIL THAT PERSON
14 IN FACT IS 12 YEARS OF AGE.
15 * * *
16 SECTION 6. SECTION 2709 OF TITLE 34 IS AMENDED TO READ: <--
17 SECTION 9. SECTIONS 2709 AND 2923 OF TITLE 34 ARE AMENDED TO <--
18 READ:
19 § 2709. LICENSE COSTS AND FEES.
20 (A) LICENSE COSTS.--ANY PERSON WHO QUALIFIES UNDER THE
21 PROVISIONS OF THIS CHAPTER SHALL BE ISSUED THE APPLICABLE
22 LICENSE UPON PAYMENT OF THE FOLLOWING COSTS AND THE ISSUING
23 AGENT'S FEE:
24 (1) (I) JUNIOR RESIDENT HUNTING - $5.
25 (II) JUNIOR RESIDENT COMBINATION HUNTING AND
26 FURTAKER - $8.
27 (2) ADULT RESIDENT HUNTING - [$12] $19.
28 (3) (I) SENIOR RESIDENT HUNTING - [$10] $12.
29 (II) SENIOR LIFETIME RESIDENT HUNTING - $50.
30 (III) SENIOR LIFETIME RESIDENT COMBINATION HUNTING
19970H1994B4140 - 18 -
1 AND FURTAKER - $100.
2 (4) BEAR HUNTING:
3 (I) RESIDENT - [$10] $15.
4 (II) NONRESIDENT - [$25] $35.
5 (5) ANTLERLESS DEER[,];
6 (I) RESIDENT, INCLUDING RESIDENT MILITARY, RESIDENT
7 DISABLED VETERAN AND LANDOWNER - $5.
8 (II) NONRESIDENT - $25.
9 (6) ARCHERY DEER - [$5.]:
10 (I) RESIDENT - $15.
11 (II) NONRESIDENT - $25.
12 (7) MUZZLELOADER DEER - [$5.]:
13 (I) RESIDENT - $10.
14 (II) NONRESIDENT - $20.
15 (8) [(DELETED BY AMENDMENT)] RESERVED.
16 (9) ADULT NONRESIDENT HUNTING - [$80] $100.
17 (10) (I) JUNIOR NONRESIDENT HUNTING - $40.
18 (II) JUNIOR NONRESIDENT COMBINATION HUNTING AND
19 FURTAKER - $50.
20 (11) SEVEN-DAY NONRESIDENT SMALL GAME - [$15] $30.
21 (12) JUNIOR RESIDENT FURTAKERS - $5.
22 (13) ADULT RESIDENT FURTAKERS - [$12] $19.
23 (14) (I) SENIOR RESIDENT FURTAKERS - [$10] $12.
24 (II) SENIOR LIFETIME RESIDENT FURTAKER - $50.
25 (15) ADULT NONRESIDENT FURTAKER - $80.
26 (16) JUNIOR NONRESIDENT FURTAKER - $40.
27 (17) RESIDENT DISABLED VETERAN HUNTING OR FURTAKER UNDER
28 SECTION 2706(B) (RELATING TO DISABLED VETERANS) - NO COST.
29 (18) REPLACEMENT LICENSE - $5. ANTLERLESS DEER AND BEAR
30 LICENSES SHALL BE REPLACED BY THE ORIGINAL ISSUING AGENT
19970H1994B4140 - 19 -
1 ONLY.
2 (19) OWNERS OR POSSESSORS OF LAND OPEN TO PUBLIC HUNTING
3 UNDER SECTION 2706(D) (RELATING TO OWNERS OR POSSESSORS OF
4 LAND OPEN TO PUBLIC HUNTING) - $3.
5 (20) MIGRATORY GAME BIRD HUNTING LICENSE [- ISSUING
6 AGENT FEE ONLY.]:
7 (I) RESIDENT - $2.
8 (II) NONRESIDENT - $5.
9 (B) REFUNDS.--EXCEPT AS PROVIDED IN SECTION 501 (RELATING TO
10 REFUND OF MONEYS PAID ERRONEOUSLY OR UNJUSTLY), LICENSE FEES ARE
11 NOT REFUNDABLE.
12 (C) AGENT FEE.--ISSUING AGENTS SHALL BE ENTITLED TO AND MAY
13 RETAIN AS FULL COMPENSATION FOR THEIR SERVICES AN ADDITIONAL SUM
14 OF [75¢] $1 FOR EACH LICENSE OR REPLACEMENT LICENSE.
15 Section 2. This act shall take effect in 60 days. <--
16 § 2923. DISABLED PERSON PERMITS. <--
17 (A) USE OF VEHICLE AS A BLIND.--
18 (1) UNLESS FURTHER RESTRICTED BY COMMISSION REGULATION,
19 A PERMIT TO HUNT FROM A STATIONARY VEHICLE MAY BE ISSUED TO A
20 PERSON WITH PERMANENT DISABILITIES WHO QUALIFIED FOR A
21 HUNTING LICENSE PURSUANT TO CHAPTER 27 (RELATING TO HUNTING
22 AND FURTAKING LICENSES) OR WHO POSSESSES A JUNIOR RESIDENT
23 LICENSE UNDER SECTION 2705(2) (RELATING TO CLASSES OF
24 LICENSES) AND WHO MEETS ANY OF THE FOLLOWING REQUIREMENTS:
25 (I) HAS PARAPLEGIA AND HAS PERMANENT PARALYSIS OF
26 BOTH LEGS AND LOWER PARTS OF THE BODY.
27 (II) HAS HEMIPLEGIA AND HAS PERMANENT PARALYSIS OF
28 ONE LEG AND ONE ARM ON EITHER SIDE OF THE BODY.
29 (III) HAS BOTH FEET OR ONE HAND AND ONE FOOT
30 AMPUTATED.
19970H1994B4140 - 20 -
1 (IV) IS PERMANENTLY CONFINED TO A WHEELCHAIR OR MUST
2 USE CRUTCHES OR A WALKER AS A MEANS OF SUPPORT TO PURSUE
3 DAILY ACTIVITIES.
4 (V) PRESENTS AN AFFIDAVIT AND DOCTOR'S CERTIFICATE
5 STATING THE APPLICANT IS PHYSICALLY UNABLE TO WALK 25
6 YARDS OFF THE ROADWAY.
7 (2) UNLESS FURTHER RESTRICTED BY COMMISSION REGULATION,
8 A PERMIT TO HUNT FROM A STATIONARY VEHICLE MAY BE ISSUED TO A
9 PERSON WHO QUALIFIED FOR A HUNTING LICENSE PURSUANT TO
10 CHAPTER 27 AND PRESENTS AN AFFIDAVIT AND DOCTOR'S CERTIFICATE
11 STATING THE APPLICANT IS UNABLE TO WALK 25 YARDS OFF THE
12 ROADWAY DUE TO A TEMPORARY INJURY OR CONDITION AND MAY
13 REQUIRE AN EXTERNAL MEANS OF SUPPORT TO AMBULATE. THIS PERMIT
14 IS ONLY VALID FOR THE LICENSE YEAR IN WHICH ISSUED.
15 (3) PERMITTEES SHALL CARRY THE PERMIT UPON THEIR PERSON
16 WHILE HUNTING. ANY PERSON NAMED ON THIS PERMIT MAY HUNT WHILE
17 USING AN AUTOMOBILE OR OTHER VEHICLE AS A BLIND. THE
18 PERMITTEE SHALL NOT USE THE VEHICLE TO FLUSH OR LOCATE GAME.
19 THE VEHICLE MAY BE USED ONLY AS A BLIND OR PLATFORM FROM
20 WHICH TO SHOOT. THE FIREARM SHALL BE UNLOADED AT ALL TIMES
21 WHILE THE VEHICLE IS IN MOTION.
22 (4) ANY PERSON WHO POSSESSES A JUNIOR RESIDENT LICENSE
23 UNDER SECTION 2705(2) AND OTHERWISE QUALIFIES FOR A DISABLED
24 PERSON PERMIT MUST COMPLY WITH SECTION 2711(A)(8) (RELATING
25 TO UNLAWFUL ACTS CONCERNING LICENSES). ANY PARENT OR PERSON
26 18 YEARS OF AGE OR OLDER SERVING IN LOCO PARENTIS OR AS
27 GUARDIAN OR SOME OTHER FAMILY MEMBER 18 YEARS OF AGE OR OLDER
28 SHALL NOT USE A VEHICLE AS A BLIND, UNLESS THAT PERSON MEETS
29 THE REQUIREMENTS OF THIS SECTION.
30 (B) REGULATED HUNTING GROUNDS.--A PERMIT MAY BE ISSUED TO
19970H1994B4140 - 21 -
1 HUNT ON A REGULATED HUNTING GROUND TO ANY PERSON WHO PRESENTS A
2 DOCTOR'S CERTIFICATE SHOWING THAT THE PERSON IS PHYSICALLY
3 UNABLE TO WALK FOR AN EXTENDED PERIOD OF TIME, AUTHORIZING HIM
4 TO HUNT FOR, PURSUE AND KILL FROM AN AUTOMOBILE OR OTHER VEHICLE
5 ON REGULATED HUNTING GROUNDS THOSE SPECIES OF GAME AUTHORIZED
6 FOR RELEASE ON SUCH AREAS, SUBJECT TO RULES AND REGULATIONS
7 PRESCRIBED BY THE COMMISSION. THE PERMITTEE SHALL CARRY THE
8 PERMIT WHILE HUNTING ON REGULATED HUNTING GROUNDS.
9 (C) BOW AND ARROW OR CROSSBOW.--A PERMIT SHALL BE ISSUED TO
10 ANY PERSON WHO PRESENTS A DOCTOR'S CERTIFICATE SHOWING THAT THE
11 PERSON IS, BECAUSE OF A PERMANENT PHYSICAL CONDITION, UNABLE TO
12 HUNT WITH A CONVENTIONAL BOW AND ARROW, AUTHORIZING THAT PERSON
13 TO HUNT BY THE USE OF:
14 (1) A BOW AND ARROW WHICH IS HELD IN PLACE BY A BRACE
15 SECURED AROUND THE BODY OF THE HUNTER OR IS TRIGGERED WITH
16 THE AID OF A MECHANICAL DEVICE.
17 (2) A CROSSBOW SUBJECT TO THE FOLLOWING RESTRICTIONS:
18 (I) WHEN HUNTING DEER, BEAR OR TURKEY, THE CROSSBOW
19 MUST HAVE A DRAW WEIGHT OF NOT LESS THAN 125 POUNDS NOR
20 MORE THAN 200 POUNDS.
21 (II) THE ARROWS FOR THE CROSSBOW MUST BE TIPPED WITH
22 [A BROADHEAD OF NOT LESS THAN SEVEN-EIGHTHS OF AN INCH
23 WIDE AND HAVE A MINIMUM OF TWO NONMOVING, EXPOSED CUTTING
24 EDGES] BROADHEADS OF A CUTTING EDGE DESIGN.
25 THE PERMITTEE SHALL CARRY THE PERMIT UPON HIS PERSON AT ALL
26 TIMES WHILE HUNTING.
27 (D) PENALTY.--A VIOLATION OF THIS SECTION IS A SUMMARY
28 OFFENSE OF THE FIFTH DEGREE.
29 SECTION 7 10. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
30 (1) THE AMENDMENT OR ADDITION OF 34 PA.C.S. §§ 328, 522,
19970H1994B4140 - 22 -
1 901 AND 2307 SHALL TAKE EFFECT IMMEDIATELY.
2 (2) THE AMENDMENT OF 34 PA.C.S. §§ 521, 902, 925, 926, <--
3 931, 2705 AND 2709 SHALL TAKE EFFECT JULY 1, 1999.
4 (3) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
5 (4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
6 DAYS.
J27L34DMS/19970H1994B4140 - 23 -