See other bills
under the
same topic
                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 648, 896                 PRINTER'S NO. 1203

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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
    20030S0586B1203                  - 3 -     

     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 -