HOUSE AMENDED PRIOR PRINTER'S NOS. 648, 896 PRINTER'S NO. 1203
No. 586 Session of 2003
INTRODUCED BY WENGER, HELFRICK, PICCOLA, COSTA, MADIGAN, LOGAN, MUSTO, PILEGGI, TARTAGLIONE, EARLL, LEMMOND, RAFFERTY, WOZNIAK, ORIE, SCARNATI, O'PAKE, WAGNER, MELLOW, CORMAN, RHOADES, BOSCOLA, ROBBINS, WAUGH, TOMLINSON, D. WHITE AND WONDERLING, APRIL 11, 2003
AS REPORTED FROM COMMITTEE ON GAME AND FISHERIES, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 7, 2003
AN ACT 1 Amending Title 34 (Game) of the Pennsylvania Consolidated 2 Statutes, further providing FOR JURISDICTION AND PENALTIES; <-- 3 PROVIDING FOR SUSPENSION OF LICENSES; AND FURTHER PROVIDING 4 FOR UNLAWFUL TAKING OR POSSESSION OF GAME OR WILDLIFE, FOR 5 DENIAL OR REVOCATION OF LICENSE AND for license costs and 6 fees. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Section 2706 of Title 34 of the Pennsylvania <-- 10 Consolidated Statutes is amended by adding a subsection to read: 11 SECTION 1. SECTIONS 925(B), 929 AND 2307(E) OF TITLE 34 OF <-- 12 THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ: 13 § 925. JURISDICTION AND PENALTIES. 14 * * * 15 (B) FINES AND PENALTIES FOR VIOLATIONS.--IN ADDITION TO ANY 16 OTHER REQUIREMENTS OF THIS TITLE, THE FOLLOWING FINES AND 17 PENALTIES SHALL BE IMPOSED FOR VIOLATIONS OF THIS TITLE:
1 (1) MISDEMEANOR OF THE FIRST DEGREE, NOT LESS THAN 2 $2,000 NOR MORE THAN $10,000 AND MAY BE SENTENCED TO 3 IMPRISONMENT UP TO SIX MONTHS. 4 (2) MISDEMEANOR OF THE SECOND DEGREE, NOT LESS THAN 5 $1,000 NOR MORE THAN $5,000 AND MAY BE SENTENCED TO 6 IMPRISONMENT UP TO SIX MONTHS. 7 (3) MISDEMEANOR OF THE THIRD DEGREE, NOT LESS THAN $500 8 NOR MORE THAN $2,500 AND MAY BE SENTENCED TO IMPRISONMENT UP 9 TO SIX MONTHS. 10 (4) SUMMARY OFFENSE OF THE FIRST DEGREE, [$800] NOT LESS 11 THAN $500 NOR MORE THAN $1,500. 12 (5) SUMMARY OFFENSE OF THE SECOND DEGREE, [$500] NOT 13 LESS THAN $300 NOR MORE THAN $800. 14 (6) SUMMARY OFFENSE OF THE THIRD DEGREE, [$300] NOT LESS 15 THAN $200 NOR MORE THAN $500. 16 (7) SUMMARY OFFENSE OF THE FOURTH DEGREE, [$200] NOT 17 LESS THAN $100 NOR MORE THAN $300. 18 (8) SUMMARY OFFENSE OF THE FIFTH DEGREE, [$100] NOT LESS 19 THAN $75 NOR MORE THAN $200. 20 (9) SUMMARY OFFENSE OF THE SIXTH DEGREE, [$75] NOT LESS 21 THAN $50 NOR MORE THAN $100. 22 (10) SUMMARY OFFENSE OF THE SEVENTH DEGREE, [$50] NOT 23 LESS THAN $25 NOR MORE THAN $75. 24 (11) SUMMARY OFFENSE OF THE EIGHTH DEGREE, $25. 25 IN ADDITION TO THE IMPOSITION OF ANY FINES, COSTS OF PROSECUTION 26 SHALL ALSO BE ASSESSED PURSUANT TO 42 PA.C.S. §§ 1725.1 27 (RELATING TO COSTS) AND 3571 (RELATING TO COMMONWEALTH PORTION 28 OF FINES, ETC.). 29 * * * 30 § 929. REVOCATION, SUSPENSION OR DENIAL OF LICENSE, PERMIT OR 20030S0586B1203 - 2 -
1 REGISTRATION.
2 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN THIS
3 TITLE, ANY HUNTING OR FURTAKING LICENSE, SPECIAL LICENSE OR
4 PERMIT OR REGISTRATION GRANTED UNDER THE AUTHORITY OF THIS TITLE
5 MAY BE REVOKED OR SUSPENDED BY THE COMMISSION WHEN THE HOLDER OF
6 THE LICENSE, PERMIT OR REGISTRATION IS CONVICTED OF AN OFFENSE
7 UNDER THIS TITLE OR HAS ACTED CONTRARY TO THE INTENT OF THE
8 [LICENSE, SPECIAL LICENSE,] REGISTRATION OR PERMIT, WITH EACH
9 OFFENSE CONSTITUTING A SEPARATE VIOLATION SUBJECT TO SEPARATE
10 REVOCATION. THE COMMISSION MAY REFUSE TO GRANT TO THAT PERSON
11 ANY [NEW LICENSE, SPECIAL LICENSE OR] PERMIT OR REGISTRATION AND
12 MAY DENY ANY PRIVILEGE GRANTED BY THESE DOCUMENTS FOR A PERIOD
13 NOT EXCEEDING FIVE YEARS UNLESS OTHERWISE PROVIDED IN THIS
14 TITLE.
15 (A.1) REMEDIAL HUNTER EDUCATION COURSE.--A PERSON WHOSE
16 PRIVILEGE TO HUNT WITH OR WITHOUT A LICENSE ANYWHERE IN THIS
17 COMMONWEALTH IS REVOKED OR SUSPENDED UNDER A PROVISION OF THIS
18 TITLE REQUIRING MANDATORY REVOCATION OR SUSPENSION SHALL, IN
19 ORDER TO OBTAIN RESTORATION, PRESENT EVIDENCE OF THE SUCCESSFUL
20 COMPLETION OF A REMEDIAL HUNTER EDUCATION COURSE AS PROVIDED BY
21 THE DIRECTOR AND APPROVED BY THE COMMISSION PRIOR TO OBTAINING A
22 LICENSE. THIS COURSE MAY BE TAKEN NO EARLIER THAN THREE MONTHS
23 PRIOR TO THE END OF THE PERIOD OF REVOCATION. THE COMMISSION
24 SHALL PROMULGATE REGULATIONS ESTABLISHING THE CURRICULUM,
25 ADMINISTRATION AND ANY ASSOCIATED FEES OF SUCH A REMEDIAL
26 COURSE, WHICH FEES SHALL BEAR A REASONABLE RELATIONSHIP TO THE
27 COSTS OF PROVIDING THE COURSE AND THE COURSE MATERIALS.
28 (A.2) VISION EXAMINATION AND DRUG AND ALCOHOL EDUCATION
29 PROGRAM.--A PERSON WHOSE PRIVILEGE TO HUNT WITH OR WITHOUT A
30 LICENSE ANYWHERE IN THIS COMMONWEALTH IS REVOKED OR SUSPENDED
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1 UNDER SECTION 2522(C) (RELATING TO SHOOTING AT OR CAUSING INJURY 2 TO HUMAN BEINGS), IN ORDER TO OBTAIN RESTORATION, SHALL PRESENT 3 EVIDENCE OF HAVING TAKEN A VISION EXAMINATION UNDER SECTION 4 2522(C) AND, IF REQUIRED BY THE COMMISSION, PRESENT EVIDENCE OF 5 HAVING SUCCESSFULLY COMPLETED AN ALCOHOL AND DRUG EDUCATION 6 PROGRAM UNDER SECTION 2522(H). 7 (B) REGULATIONS.--THE COMMISSION MAY PROMULGATE REGULATIONS 8 SPECIFYING THE PROCEDURES TO BE FOLLOWED IN REVOKING ANY HUNTING 9 AND FURTAKING PRIVILEGES, LICENSES, PERMITS AND REGISTRATIONS 10 GRANTED UNDER THE PROVISIONS OF THIS TITLE. 11 § 2307. UNLAWFUL TAKING OR POSSESSION OF GAME OR WILDLIFE. 12 * * * 13 (E) PENALTIES.--A VIOLATION OF THIS SECTION RELATING TO: 14 (1) THREATENED OR ENDANGERED SPECIES IS A MISDEMEANOR OF 15 THE SECOND DEGREE. 16 (2) ELK OR BEAR IS A SUMMARY OFFENSE OF THE FIRST 17 DEGREE. 18 (3) DEER IS A SUMMARY OFFENSE OF THE SECOND DEGREE. 19 (3.1) DEER KILLED AS A RESULT OF NEGLIGENCE OR 20 CARELESSNESS AS PROVIDED FOR IN SECTION 2306(C) (RELATING TO 21 KILLING GAME OR WILDLIFE BY MISTAKE) IS A SUMMARY OFFENSE 22 PUNISHABLE BY A FINE OF NOT LESS THAN $100 NOR MORE THAN 23 $500. 24 (4) BOBCAT OR OTTER IS A SUMMARY OFFENSE OF THE THIRD 25 DEGREE. 26 (5) WILD TURKEY OR BEAVER IS A SUMMARY OFFENSE OF THE 27 FOURTH DEGREE. 28 (6) ANY OTHER GAME OR WILDLIFE IS A SUMMARY OFFENSE OF 29 THE FIFTH DEGREE. 30 * * * 20030S0586B1203 - 4 -
1 SECTION 2. SECTION 2706 OF TITLE 34 IS AMENDED BY ADDING A 2 SUBSECTION TO READ: 3 § 2706. Resident license and fee exemptions. 4 * * * 5 (e) Military personnel hunting licenses.--Resident military 6 personnel hunting licenses shall be issued by the commission or 7 county treasurer to persons who satisfy all of the following 8 requirements: 9 (1) Are residents of this Commonwealth. 10 (2) Are on active and full-time duty in the United 11 States Armed Forces. 12 (3) Are assigned to a facility outside this 13 Commonwealth. 14 (4) Are on temporary leave in this Commonwealth. 15 Such persons shall comply with the regulations of the 16 commission. 17 Section 2. Section 2709(a) of Title 34 is amended to read: <-- 18 SECTION 3. SECTIONS 2709(A) AND 2741 OF TITLE 34 ARE AMENDED <-- 19 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 (1) (i) Junior resident hunting - $5. 26 (ii) Junior resident combination hunting and 27 furtaker - $8. 28 (2) (i) Adult resident hunting - $19. 29 (ii) Resident military personnel hunting - $10 $1. <-- 30 (3) (i) Senior resident hunting - $12. 20030S0586B1203 - 5 -
1 (ii) Senior lifetime resident hunting - $50. 2 (iii) Senior lifetime resident combination hunting 3 and furtaker - $100. 4 (4) Bear hunting: 5 (i) Resident - $15. 6 (ii) Nonresident - $35. 7 (5) Antlerless deer: 8 (i) Resident, including resident military, resident 9 disabled veteran and landowner - $5. 10 (ii) Nonresident - $25. 11 (6) Archery deer: 12 (i) Resident - $15. 13 (ii) Nonresident - $25. 14 (7) Muzzleloader deer: 15 (i) Resident - $10. 16 (ii) Nonresident - $20. 17 (8) (Reserved). 18 (9) Adult nonresident hunting - $100. 19 (10) (i) Junior nonresident hunting - $40. 20 (ii) Junior nonresident combination hunting and 21 furtaker - $50. 22 (11) Seven-day nonresident small game - $30. 23 (12) Junior resident furtakers - $5. 24 (13) Adult resident furtakers - $19. 25 (14) (i) Senior resident furtakers - $12. 26 (ii) Senior lifetime resident furtaker - $50. 27 (15) Adult nonresident furtaker - $80. 28 (16) Junior nonresident furtaker - $40. 29 (17) Resident disabled veteran hunting or furtaker under 30 section 2706(b) (relating to disabled veterans) - no cost. 20030S0586B1203 - 6 -
1 (18) Replacement license - $5. Antlerless deer and bear 2 licenses shall be replaced by the original issuing agent 3 only. 4 (19) Owners or possessors of land open to public hunting 5 under section 2706(d) (relating to owners or possessors of 6 land open to public hunting) - $3. 7 (20) Migratory game bird hunting license: 8 (i) Resident - $2. 9 (ii) Nonresident - $5. 10 (21) Elk hunting license: 11 (i) Resident - $25. 12 (ii) Nonresident - $250. 13 * * * 14 § 2741. DENIAL OR REVOCATION OF LICENSES. <-- 15 (A) GROUNDS FOR DENIAL.--A HUNTING OR FURTAKING LICENSE 16 SHALL BE REFUSED ANY PERSON WHO: 17 (1) HAS BEEN DENIED THE PRIVILEGE TO SECURE THAT LICENSE 18 IN ANY MANNER BY THIS TITLE. 19 (2) HAS BEEN CERTIFIED TO THE COMMISSION BY A LICENSED 20 MEDICAL AUTHORITY OR BY ANY COURT OF THIS COMMONWEALTH HAVING 21 JURISDICTION TO BE MENTALLY OR PHYSICALLY UNFIT OR ADDICTED 22 TO ALCOHOL OR CONTROLLED SUBSTANCES TO THE DEGREE THAT THE 23 PERSON IS UNFIT TO EXERCISE ANY OF THE PRIVILEGES OF THIS 24 TITLE. 25 (B) VIOLATIONS.--IN ADDITION TO ANY PENALTY AND COSTS 26 IMPOSED BY THIS TITLE, THE COMMISSION MAY REVOKE ANY HUNTING OR 27 FURTAKING LICENSE AND DENY ANY PERSON THE PRIVILEGE TO SECURE A 28 LICENSE OR TO HUNT OR TAKE FURBEARERS ANYWHERE IN THIS 29 COMMONWEALTH, WITH OR WITHOUT A LICENSE, IF THE LICENSEE OR 30 PERSON: 20030S0586B1203 - 7 -
1 (1) HAS EITHER BEEN CONVICTED OR SIGNED AN 2 ACKNOWLEDGMENT OF GUILT OF VIOLATING ANY OF THE PROVISIONS OF 3 THIS TITLE FOR SUCH PERIODS AS ARE SPECIFIED IN THIS 4 SUBCHAPTER. 5 (2) HAS BEEN ACCUSED OF HAVING VIOLATED ANY OF THE 6 FOLLOWING PROVISIONS [OF CHAPTER 25 (RELATING TO PROTECTION 7 OF PROPERTY AND PERSONS)] EVEN THOUGH SUCH PERSON HAS NOT 8 BEEN CONVICTED OF A VIOLATION OF [THAT CHAPTER.] THESE 9 SECTIONS: 10 SECTION 2501 (RELATING TO HUNTING OR FURTAKING 11 PROHIBITED WHILE UNDER THE INFLUENCE OF ALCOHOL OR 12 CONTROLLED SUBSTANCE). 13 SECTION 2505 (RELATING TO SAFETY ZONES). 14 SECTION 2509 (RELATING TO DAMAGE TO PROPERTY). 15 SECTION 2522 (RELATING TO SHOOTING AT OR CAUSING 16 INJURY TO HUMAN BEINGS). 17 SECTION 2523 (RELATING TO RENDERING ASSISTANCE AFTER 18 INCIDENTS). 19 (C) AUTHORITY OF COURT.--ANY DISTRICT JUSTICE OR COURT 20 HAVING JURISDICTION IN ANY CASE COMING BEFORE IT INVOLVING ANY 21 OF THE OFFENSES CONTAINED IN THIS TITLE MAY REVOKE A HUNTING OR 22 FURTAKING LICENSE AND DENY THE PRIVILEGE TO SECURE A LICENSE OR 23 TO HUNT OR TAKE FURBEARERS ANYWHERE IN THIS COMMONWEALTH, WITH 24 OR WITHOUT A LICENSE, AS SET FORTH IN THIS TITLE. 25 Section 3 4. This act shall take effect as follows: <-- 26 (1) The addition of 34 Pa.C.S. § 2706(e) shall take 27 effect July 1, 2004. 28 (2) The remainder of this act shall take effect in 60 29 days. C25L34DMS/20030S0586B1203 - 8 -