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        PRIOR PRINTER'S NO. 1345                      PRINTER'S NO. 1843

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1116 Session of 2007


        INTRODUCED BY KORTZ, BRENNAN, CALTAGIRONE, CLYMER, CONKLIN,
           EVERETT, FABRIZIO, FAIRCHILD, GEIST, GEORGE, GERGELY,
           GIBBONS, GOODMAN, HARHAI, HERSHEY, JAMES, KOTIK, KULA,
           MAHONEY, McILHATTAN, MOUL, MURT, PEIFER, READSHAW, ROAE,
           SAINATO, SCAVELLO, SIPTROTH, SOLOBAY, STABACK, STURLA, SURRA,
           VULAKOVICH, WALKO, J. WHITE, YOUNGBLOOD, BARRAR, HORNAMAN AND
           LONGIETTI, APRIL 18, 2007

        AS REPORTED FROM COMMITTEE ON GAME AND FISHERIES, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 6, 2007

                                     AN ACT

     1  Amending Title 34 (Game) of the Pennsylvania Consolidated
     2     Statutes, providing for vouchers for licenses.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  Sections 501 and 502(b) of Title 34 of the         <--
     6  Pennsylvania Consolidated Statutes are amended to read:
     7  § 501.  Refund of moneys paid erroneously or unjustly.
     8     (a)  Refund.--Whenever the director is satisfied that any
     9  fee, fine or any other moneys paid into the Game Fund under any
    10  of the provisions of this title or any other statute were
    11  erroneously or unjustly collected and deposited, the director,
    12  upon receipt of a petition for a refund within two years after
    13  the deposit, may authorize a requisition in favor of the person
    14  from whom the money was erroneously or unjustly collected for
    15  the amount involved. Upon receipt of the requisition, the proper

     1  official shall draw a warrant in favor of the person from whom
     2  the fee, fine or other money was erroneously or unjustly
     3  collected.
     4     (b)  Refund of gift voucher.--A person wishing to obtain a
     5  refund for a gift voucher shall submit a request on a form
     6  designed by the commission and made available to issuing agents
     7  within one year of the date of the issuance of the gift voucher.
     8  A refund shall be issued by the commission within 90 days of
     9  request for refund in the amount of the license indicated on the
    10  gift voucher excepting the amount of the issuing agent fee.
    11     SECTION 1.  SECTION 502(B) OF TITLE 34 OF THE PENNSYLVANIA     <--
    12  CONSOLIDATED STATUTES IS AMENDED TO READ:
    13  § 502.  Collection fee for uncollectible checks.
    14     * * *
    15     (b)  Voidness for uncollectibility.--Any license, permit,
    16  gift voucher or privilege granted by the uncollectible check or   <--
    17  other instrument shall be void until all fees are paid by a
    18  negotiable check or instrument.
    19     Section 2.  Title 34 is amended by adding a section to read:
    20  § 2712.  Vouchers for licenses.                                   <--
    21     (a)  Gift vouchers.--The commission shall make available
    22  through its issuing agents gift vouchers which may be purchased
    23  on behalf of a third party. The gift voucher shall be on a form
    24  designed by the commission and made available to all issuing
    25  agents. The form shall contain the following information:
    26         (1)  A serial number.
    27         (2)  The name of the purchaser.
    28         (3)  The name of the party for whom the gift voucher is
    29     purchased.
    30         (4)  The name and address of the issuing agent.
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     1         (5)  The class of license for which the gift voucher may
     2     be redeemed.
     3         (6)  The date of issuance.
     4         (7)  The total amount paid which shall include the
     5     issuing agent fee authorized by section 2709(c) (relating to
     6     license costs and fees).
     7     (b)  Redemption.--The gift voucher may only be redeemed for
     8  the class of license indicated on the gift voucher and for which
     9  the applicable fee has been paid by the gift voucher purchaser.
    10  Gift vouchers shall only be redeemable for a period of one year
    11  from the date of issuance and shall be issued only for the
    12  following classes of licenses:
    13         Adult resident hunting licenses under section 2705(1)
    14     (relating to classes of licenses).
    15         Junior resident hunting licenses under section 2705(2).
    16         Senior resident hunting licenses under section 2705(3).
    17         Senior lifetime resident combination licenses under
    18     section 2705(7).
    19         Junior resident combination licenses under section
    20     2705(7.1).
    21         Adult nonresident hunting licenses under section 2705(8).
    22         Junior nonresident hunting licenses under section
    23     2705(9).
    24         Junior nonresident combination licenses under section
    25     2705(11.1).
    26     (c)  Fee for voucher.--A person purchasing a gift voucher
    27  must pay the fee for the class of license as provided in section
    28  2709(a) and the issuing agent fee as provided in section 2709(c)
    29  unless otherwise exempted from such fee by this title.
    30     (d)  Remittance of fees.--Moneys received for the purchase of
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     1  gift vouchers shall be remitted to the commission by the issuing
     2  agent as provided in section 2725 (relating to remitting funds
     3  to commission). Money remitted to the commission for the
     4  purchase of gift vouchers shall be used as provided in section
     5  521(b) (relating to establishment and use of Game Fund) as is
     6  provided for the particular license purchased by the issuance of
     7  the gift voucher.
     8     (e)  Places of redemption.--A gift voucher may be redeemed at
     9  the place of business of an issuing agent in this Commonwealth.
    10  When redeeming a gift voucher, the bearer of a gift voucher must
    11  show one form of photo identification except in the case of a
    12  junior licensee. In such case, the junior licensee must be
    13  accompanied by a responsible adult and shall present the written
    14  request required to acquire a license pursuant to section 2705.
    15     (f)  Restrictions.--The bearer of a gift voucher is subject
    16  to all restrictions relating to the issuance, denial or
    17  revocation of a license provided in this title or any other
    18  title, law or regulation.
    19  § 2712.  VOUCHERS FOR LICENSES AND PERMITS.                       <--
    20     (A)  GENERAL RULE.--THE COMMISSION MAY MAKE AVAILABLE, AT ITS
    21  OFFICES AND THROUGH ITS ISSUING AGENTS, VOUCHERS FOR LICENSES
    22  AND PERMITS THAT MAY BE PURCHASED ON BEHALF OF A THIRD PARTY.
    23  THE VOUCHER SHALL BE IN THE FORMAT PRESCRIBED BY THE COMMISSION
    24  AND SHALL CONTAIN THE FOLLOWING INFORMATION:
    25         (1)  A VOUCHER NUMBER.
    26         (2)  THE IDENTIFYING NUMBER OF THE ISSUING AGENT.
    27         (3)  THE TYPE OF LICENSE OF PERMIT FOR WHICH THE VOUCHER
    28     MAY BE REDEEMED.
    29         (4)  THE DATE OF ISSUANCE.
    30         (5)  THE DATE OF EXPIRATION.
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     1     (B)  FEES.--A PERSON PURCHASING A VOUCHER SHALL PAY THE COSTS
     2  FOR THE TYPE OF LICENSE OR PERMIT BEING PURCHASED AND THE
     3  ISSUING AGENT FEE AS PROVIDED IN SECTIONS 2709 (RELATING TO
     4  LICENSE COSTS AND FEES) AND 2904 (RELATING TO PERMIT FEES).
     5     (C)  REDEMPTION.--THE VOUCHER SHALL ONLY BE REDEEMED FOR THE
     6  TYPE OF LICENSE OR PERMIT INDICATED ON THE VOUCHER AND FOR WHICH
     7  THE APPLICABLE FEES HAVE BEEN PAID BY THE VOUCHER PURCHASER.
     8  VOUCHERS SHALL BE REDEEMED PRIOR TO THEIR EXPIRATION DATE. NO
     9  ISSUING AGENT FEE SHALL BE PAID AT THE TIME OF REDEMPTION. A
    10  VOUCHER SHALL BE REDEEMED BY ANY ISSUING AGENT REGARDLESS OF
    11  WHERE THE VOUCHER WAS PURCHASED. AT THE TIME OF REDEMPTION, THE
    12  BEARER OF A VOUCHER SHALL ESTABLISH THAT THE BEARER MEETS THE
    13  ELIGIBILITY REQUIREMENTS FOR THE TYPE OF LICENSE OR PERMIT
    14  INDICATED ON THE VOUCHER, AND THE ISSUING AGENT THAT REDEEMS THE
    15  VOUCHER SHALL SECURE POSITIVE PROOF OF IDENTIFICATION, RESIDENCY
    16  AND AGE FROM THE BEARER.
    17     (D)  RESTRICTIONS.--THE BEARER OF A VOUCHER IS SUBJECT TO ALL
    18  RESTRICTIONS RELATING TO THE ISSUANCE, DENIAL OR REVOCATION OF A
    19  LICENSE OR PERMIT PROVIDED IN THIS TITLE OR ANY OTHER TITLE, LAW
    20  OR REGULATION. A VOUCHER DOES NOT CONSTITUTE A HUNTING OR
    21  FURTAKER LICENSE OR PERMIT, AND IT IS UNLAWFUL TO USE A VOUCHER
    22  IN LIEU OF A HUNTING OR FURTAKER LICENSE OR PERMIT.
    23     (E)  REGULATIONS.--THE COMMISSION MAY PROMULGATE REGULATIONS
    24  TO IMPLEMENT THIS SECTION.
    25     (F)  PENALTIES.--ANY PERSON VIOLATING THIS SECTION OR THE
    26  REGULATIONS PROMULGATED UNDER THIS SECTION COMMITS A SUMMARY
    27  OFFENSE OF THE FIFTH DEGREE.
    28     Section 3.  Section 2724 of Title 34 is amended to read:
    29  § 2724.  Record of license sales.
    30     (a)  Daily record.--Each place where licenses are sold shall
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     1  maintain a complete daily record of all license and gift voucher  <--
     2  transactions, including applications received, in the manner and
     3  form prescribed by the director. The applications, licenses and
     4  records shall be made available, during normal business hours,
     5  for immediate inspection to any officer charged with the
     6  enforcement of this title or any representative of the Office of
     7  the Auditor General or Attorney General.
     8     (b)  Monthly report.--Within five days following the first
     9  day of each month, each issuing agent shall forward to the
    10  director, on forms supplied by the commission, a complete report
    11  of licenses and gift vouchers issued, in correct numerical        <--
    12  sequence, together with all moneys collected from the sale of
    13  licenses and any other information required by the director.
    14     Section 4.  This act shall take effect in 60 days.











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