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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ALLOWAY, KASUNIC, WOZNIAK, MUSTO, VOGEL, TARTAGLIONE, PILEGGI AND O'PAKE, JANUARY 21, 2010 |
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| REFERRED TO GAME AND FISHERIES, JANUARY 21, 2010 |
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| AN ACT |
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1 | Authorizing the Commonwealth of Pennsylvania to join the |
2 | Interstate Wildlife Violator Compact; providing for the form |
3 | of the compact; imposing additional powers and duties on the |
4 | Governor and the Compact Administrator; and limiting the |
5 | applicability of suspension powers. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Short title. |
9 | This act shall be known and may be cited as the Interstate |
10 | Wildlife Violator Compact Act. |
11 | Section 2. Authority to execute compact. |
12 | The Governor of Pennsylvania, on behalf of this State, is |
13 | hereby authorized to execute a compact in substantially the |
14 | following form with any one or more of the states of the United |
15 | States and the General Assembly hereby signifies in advance its |
16 | approval and ratification of such compact: |
17 | Article I |
18 | Findings and Declaration of Policy and Purpose |
19 | (a) The participating states find that: |
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1 | (1) Wildlife resources are managed in trust by the |
2 | respective states for the benefit of all residents and visitors. |
3 | (2) The protection of the wildlife resources of a state is |
4 | materially affected by the degree of compliance with state |
5 | statutes, rules, regulations and ordinances relating to the |
6 | management of such resources. |
7 | (3) The preservation, protection, management and restoration |
8 | of wildlife resources contributes immeasurably to the aesthetic, |
9 | recreational and economic values of a state. |
10 | (4) Wildlife resources are valuable without regard to |
11 | political boundaries; therefore, every person should be required |
12 | to comply with wildlife preservation, protection, management and |
13 | restoration statutes, rules, regulations and ordinances of the |
14 | participating states as a condition precedent to the continuance |
15 | or issuance of any license to hunt, trap, fish or otherwise |
16 | possess wildlife. |
17 | (5) The violation of wildlife laws interferes with the |
18 | management of wildlife resources and may endanger the safety of |
19 | people and property. |
20 | (6) The mobility of many wildlife law violators necessitates |
21 | the maintenance of channels of communication among the |
22 | participating states. |
23 | (7) In most instances, a person who is cited for a wildlife |
24 | violation in a state other than his home state is required to |
25 | post collateral or a bond to secure appearance for trial at a |
26 | later date, is taken into custody until the collateral or bond |
27 | is posted or is taken directly to court for an immediate |
28 | appearance. |
29 | (8) The purpose of the aforementioned enforcement practices |
30 | is to ensure compliance with the terms of the wildlife citation |
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1 | by the cited person who, if permitted to continue on his way |
2 | after receiving the citation, could return to his home state and |
3 | disregard his duty under the terms of the citation. |
4 | (9) In most instances, a person receiving a wildlife |
5 | citation in his home state is permitted to accept the citation |
6 | from the officer at the scene of the violation and immediately |
7 | continue on his way after agreeing or being instructed to comply |
8 | with the terms of the citation. |
9 | (10) The aforementioned enforcement practices cause |
10 | unnecessary inconvenience and, at times, a hardship for the |
11 | person who is unable at the time to post collateral, furnish a |
12 | bond, stand trial or pay a fine and thus is compelled to remain |
13 | in custody until some alternative arrangement is made. |
14 | (11) The aforementioned enforcement practices consume an |
15 | undue amount of law enforcement time. |
16 | (b) It is the policy of the participating states to: |
17 | (1) Promote compliance with the statutes, rules, regulations |
18 | and ordinances relating to the management of wildlife resources |
19 | in their respective states. |
20 | (2) Recognize the suspension of wildlife license privileges |
21 | of any person whose license privileges have been suspended by a |
22 | participating state and treat such suspension as if it occurred |
23 | in their state. |
24 | (3) Allow a violator, except as provided in subsection (b) |
25 | of Article III of this compact, to accept a wildlife citation |
26 | and, without delay, proceed on his way regardless of his state |
27 | of residence: Provided, That the violator's home state is party |
28 | to this compact. |
29 | (4) Report to the appropriate participating state, as |
30 | provided in the compact manual, any conviction recorded against |
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1 | any person whose home state was not the issuing state. |
2 | (5) Allow the home state to recognize and treat convictions |
3 | recorded against its residents which occurred in a participating |
4 | state as though they had occurred in the home state. |
5 | (6) Extend cooperation to its fullest extent among the |
6 | participating states for enforcing compliance with the terms of |
7 | a wildlife citation issued in one participating state to a |
8 | resident of another participating state. |
9 | (7) Maximize the effective use of law enforcement personnel |
10 | and information. |
11 | (8) Assist court systems in the efficient disposition of |
12 | wildlife violations. |
13 | (c) The purpose of this compact is to: |
14 | (1) Provide a means through which participating states may |
15 | join in a reciprocal program to effectuate the policies |
16 | enumerated in subsection (b) of Article I of this compact in a |
17 | uniform and orderly manner. |
18 | (2) Provide for the fair and impartial treatment of wildlife |
19 | violators operating within participating states in recognition |
20 | of the violator's right to due process and the sovereign status |
21 | of a participating state. |
22 | Article II |
23 | Definitions |
24 | Unless the context in which used clearly requires a different |
25 | meaning, as used in this compact: |
26 | (a) "Citation" means any summons, complaint, summons and |
27 | complaint, ticket, penalty assessment or other official document |
28 | issued to a person by a wildlife officer or other peace officer |
29 | for a wildlife violation which contains an order requiring the |
30 | person to respond. |
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1 | (b) "Collateral" means any cash or other security deposited |
2 | to secure an appearance for trial in connection with the |
3 | issuance by a wildlife officer or other peace officer of a |
4 | citation for a wildlife violation. |
5 | (c) "Compliance" with respect to a citation means the act of |
6 | answering a citation through an appearance in a court or |
7 | tribunal or through the payment of fines, costs and surcharges, |
8 | if any. |
9 | (d) "Conviction" means a conviction, including any court |
10 | conviction, for any offense related to the preservation, |
11 | protection, management or restoration of wildlife which is |
12 | prohibited by state statute, rule, regulation or ordinance. The |
13 | term "conviction" shall also include the forfeiture of any bail, |
14 | bond or other security deposited to secure appearance by a |
15 | person charged with having committed any such offense, the |
16 | payment of a penalty assessment, a plea of nolo contendere or |
17 | the imposition of a deferred or suspended sentence by the court. |
18 | (e) "Court" means a court of law, including any district |
19 | justice court. |
20 | (f) "Home state" means the state of primary residence of a |
21 | person. |
22 | (g) "Issuing state" means the participating state which |
23 | issues a wildlife citation to the violator. |
24 | (h) "License" means any license, permit or other public |
25 | document which conveys to the person to whom it was issued, the |
26 | privilege of pursuing, possessing or taking any wildlife |
27 | regulated by statute, rule, regulation or ordinance of a |
28 | participating state. |
29 | (i) "Licensing authority" means the governmental agency |
30 | within each participating state that is authorized by law to |
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1 | issue or approve licenses or permits to hunt, trap, fish or |
2 | otherwise possess wildlife. |
3 | (j) "Participating state" means any state which enacts |
4 | legislation to become a member of this wildlife compact. |
5 | (k) "Personal recognizance" means an agreement by a person |
6 | made at the time of issuance of the wildlife citation that such |
7 | person will comply with the terms of the citation. |
8 | (l) "State" means any state, territory or possession of the |
9 | United States, including the District of Columbia and the |
10 | Commonwealth of Puerto Rico. |
11 | (m) "Suspension" means any revocation, denial or withdrawal |
12 | of any or all license privileges, including the privilege to |
13 | apply for, purchase or exercise the benefits conferred by any |
14 | license. |
15 | (n) "Terms of the citation" means those conditions and |
16 | options expressly stated upon the citation. |
17 | (o) "Wildlife" means all species of animals, including, but |
18 | not limited to, mammals, birds, fish, reptiles, amphibians, |
19 | mollusks and crustaceans which are defined as "wildlife" and are |
20 | protected or otherwise regulated by statute, rule, regulation or |
21 | ordinance in a participating state. Species included in the |
22 | definition of "wildlife" vary from state to state and |
23 | determination of whether a species is "wildlife" for the |
24 | purposes of this compact shall be based on the law in the |
25 | issuing state. |
26 | (p) "Wildlife law" means any statute, rule, regulation or |
27 | ordinance developed and enacted for the management of wildlife |
28 | resources and the uses thereof. |
29 | (q) "Wildlife officer" means any individual authorized by a |
30 | participating state to issue or file a citation for a wildlife |
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1 | violation. |
2 | (r) "Wildlife violation" means any cited violation of a |
3 | statute, rule, regulation or ordinance developed and enacted for |
4 | the management of wildlife resources and the uses thereof. |
5 | Article III |
6 | Procedures for Issuing State |
7 | (a) When issuing a citation for a wildlife violation, a |
8 | wildlife officer shall issue a citation to any person whose |
9 | primary residence is in a participating state in the same manner |
10 | as though the person were a resident of the issuing state and |
11 | shall not require such person to post collateral to secure |
12 | appearance, subject to the exceptions noted in subsection (b) of |
13 | Article III of this compact, if the officer receives the |
14 | recognizance of such person that he will comply with the terms |
15 | of the citation. |
16 | (b) Personal recognizance is acceptable if not prohibited by |
17 | law in the issuing state or by the compact manual and if the |
18 | violator provides adequate proof of identification to the |
19 | wildlife officer. |
20 | (c) Upon conviction or failure of a person to comply with |
21 | the terms of a wildlife citation, the appropriate official shall |
22 | report the conviction or failure to comply to the licensing |
23 | authority of the participating state in which the wildlife |
24 | citation was issued. The report shall be made in accordance with |
25 | procedures specified by the issuing state and shall contain |
26 | information as specified in the compact manual as minimum |
27 | requirements for effective processing by the home state. |
28 | (d) Upon receipt of the report of conviction or |
29 | noncompliance pursuant to subsection (c) of Article III of this |
30 | compact, the licensing authority of the issuing state shall |
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1 | transmit to the licensing authority of the home state of the |
2 | violator the information in form and content as prescribed in |
3 | the compact manual. |
4 | Article IV |
5 | Procedures for Home State |
6 | (a) Upon receipt of a report from the licensing authority of |
7 | the issuing state reporting the failure of a violator to comply |
8 | with the terms of a citation, the licensing authority of the |
9 | home state shall notify the violator and shall initiate a |
10 | suspension action in accordance with the home state's suspension |
11 | procedures and shall suspend the violator's license privileges |
12 | until satisfactory evidence of compliance with the terms of the |
13 | wildlife citation has been furnished by the issuing state to the |
14 | home state licensing authority. Due process safeguards shall be |
15 | accorded. |
16 | (b) Upon receipt of a report of conviction from the |
17 | licensing authority of the issuing state, the licensing |
18 | authority of the home state shall enter such conviction in its |
19 | records and shall treat such conviction as though it occurred in |
20 | the home state for the purposes of the suspension of license |
21 | privileges. |
22 | (c) The licensing authority of the home state shall maintain |
23 | a record of actions taken and shall make reports to issuing |
24 | states as provided in the compact manual. |
25 | Article V |
26 | Reciprocal Recognition of Suspension |
27 | (a) All participating states shall recognize the suspension |
28 | of license privileges of any person by any participating state |
29 | as though the violation resulting in the suspension had occurred |
30 | in their state and could have been the basis for suspension of |
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1 | license privileges in their state. |
2 | (b) Each participating state shall communicate suspension |
3 | information to other participating states in form and content as |
4 | contained in the compact manual. |
5 | Article VI |
6 | Applicability of Other Laws |
7 | Except as expressly required by the provisions of this |
8 | compact, nothing herein shall be construed to affect the right |
9 | of any participating state to apply any of its laws relating to |
10 | license privileges to any person or circumstance or to |
11 | invalidate or prevent any agreement or other cooperative |
12 | arrangement between a participating state and a nonparticipating |
13 | state concerning wildlife law enforcement. |
14 | Article VII |
15 | Board of Compact Administrators |
16 | (a) For the purpose of administering the provisions of this |
17 | compact and to serve as a governing body for the resolution of |
18 | all matters relating to the operation of this compact, a board |
19 | of compact administrators is established. The board shall be |
20 | composed of one representative from each of the participating |
21 | states to be known as the compact administrator. The compact |
22 | administrator shall be appointed by the head of the licensing |
23 | authority of each participating state and shall serve and be |
24 | subject to removal in accordance with the laws of the state he |
25 | represents. A compact administrator may provide for the |
26 | discharge of his duties and the performance of his functions as |
27 | a board member by an alternate. An alternate shall not be |
28 | entitled to serve unless written notification of his identity |
29 | has been given to the board. |
30 | (b) Each member of the board of compact administrators shall |
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1 | be entitled to one vote. No action of the board shall be binding |
2 | unless taken at a meeting at which a majority of the total |
3 | number of the board's votes are cast in favor thereof. Action by |
4 | the board shall be only at a meeting at which a majority of the |
5 | participating states are represented. |
6 | (c) The board shall elect annually from its membership a |
7 | chairman and vice chairman. |
8 | (d) The board shall adopt bylaws not inconsistent with the |
9 | provisions of this compact or the laws of a participating state |
10 | for the conduct of its business and shall have the power to |
11 | amend and rescind its bylaws. |
12 | (e) The board may accept for any of its purposes and |
13 | functions under the compact any and all donations and grants of |
14 | moneys, equipment, supplies, materials and services, conditional |
15 | or otherwise, from any state and may receive, utilize and |
16 | dispose of same. |
17 | (f) The board may contract with or accept services of |
18 | personnel from any governmental or intergovernmental agency, |
19 | individual, firm or corporation or from any private nonprofit |
20 | organization or institution. |
21 | (g) The board shall formulate all necessary procedures and |
22 | develop uniform forms and documents for administering the |
23 | provisions of this compact. All procedures and forms adopted |
24 | pursuant to board action shall be contained in the compact |
25 | manual. |
26 | Article VIII |
27 | Entry into Compact and Withdrawal |
28 | (a) This compact shall become effective at such time as it |
29 | is adopted in a substantially similar form by two or more |
30 | states. |
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1 | (b) (1) Entry into the compact shall be made by resolution |
2 | of ratification executed by the authorized officials of the |
3 | applying state and submitted to the chairman of the board. |
4 | (2) The resolution shall substantially be in the form and |
5 | content as provided in the compact manual and shall include the |
6 | following: |
7 | (A) A citation of the authority from which the state is |
8 | empowered to become a party to this compact; |
9 | (B) An agreement of compliance with the terms and provisions |
10 | of this compact; and |
11 | (C) An agreement that compact entry is with all states |
12 | participating in the compact and with all additional states |
13 | legally becoming a party to the compact. |
14 | (3) The effective date of entry shall be specified by the |
15 | applying state but shall not be less than 60 days after notice |
16 | has been given by the chairman of the board of compact |
17 | administrators or by the secretariat of the board of each |
18 | participating state that the resolution from the applying state |
19 | has been received. |
20 | (c) A participating state may withdraw from this compact by |
21 | official written notice to each member state but withdrawal |
22 | shall not become effective until 90 days after the notice of |
23 | withdrawal is given. The notice shall be directed to the compact |
24 | administrator of each member state. No withdrawal of any state |
25 | shall affect the validity of this compact as to the remaining |
26 | participating states. |
27 | Article IX |
28 | Amendments to the Compact |
29 | (a) This compact may be amended from time to time. Each |
30 | proposed amendment shall be presented in resolution form to the |
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1 | chairman of the board of compact administrators and shall be |
2 | initiated by one or more participating states. |
3 | (b) Adoption of an amendment shall require endorsement by |
4 | all participating states and shall become effective 30 days |
5 | after the date of the last endorsement. |
6 | (c) Failure of a participating state to respond to the |
7 | compact chairman within 120 days after receipt of a proposed |
8 | amendment shall constitute endorsement thereof. |
9 | Article X |
10 | Construction and Severability |
11 | This compact shall be liberally construed so as to effectuate |
12 | the purposes stated herein. The provisions of this compact shall |
13 | be severable and if any phrase, clause, sentence or provision of |
14 | this compact is declared to be contrary to the constitution of |
15 | any participating state or of the United States, or the |
16 | applicability thereof to any government, agency, individual or |
17 | circumstance is held invalid, the validity of the remainder of |
18 | this compact shall not be affected thereby. If this compact |
19 | shall be held contrary to the constitution of any participating |
20 | state, the compact shall remain in full force and effect as to |
21 | the remaining states and in full force and effect as to the |
22 | participating state affected as to all severable matters. |
23 | Section 3. When and how compact becomes operative. |
24 | When the Governor shall have executed said compact on behalf |
25 | of this State and shall have caused a verified copy thereof to |
26 | be filed with the Secretary of the Commonwealth and when said |
27 | compact shall have been ratified by one or more other states and |
28 | when the Governor certifies to the General Assembly that the |
29 | Pennsylvania Fish and Boat Commission and the Pennsylvania Game |
30 | Commission are selling all fishing, hunting or furtaker licenses |
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1 | through electronic means and a copy of that certification is |
2 | filed with the Secretary of the Commonwealth, then said compact |
3 | shall become operative and effective between this State and such |
4 | other state or states. The Governor is hereby authorized and |
5 | directed to take such action as may be necessary to complete the |
6 | exchange of official documents between this State and any other |
7 | state ratifying said compact. |
8 | Section 4. Compensation and expenses of compact administrator. |
9 | The compact administrator representing this State, as |
10 | provided for in Article VII of the Interstate Wildlife Violator |
11 | Compact, shall not be entitled to any additional compensation |
12 | for his duties and responsibilities as said administrator but |
13 | shall be entitled to reimbursement for reasonable expenses |
14 | actually incurred in connection with his duties and |
15 | responsibilities as said administrator in the same manner as for |
16 | expenses incurred in connection with other duties and |
17 | responsibilities of his office or employment. |
18 | Section 5. Limitation on reciprocal suspension recognition. |
19 | For purposes of reciprocal recognition of suspensions under |
20 | Article V of the compact: |
21 | (1) The Pennsylvania Fish and Boat Commission shall |
22 | report to other compact states and recognize suspensions for |
23 | offenses in other compact states that have the same elements |
24 | of the following offenses under 30 Pa.C.S. (relating to |
25 | fish): |
26 | (i) Assault upon or interference with a conservation |
27 | officer. |
28 | (ii) Persons sentenced as repeat offenders under 30 |
29 | Pa.C.S. § 923(d) (relating to classification of offenses |
30 | and penalties) provided the repeated offenses committed |
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1 | within a 12-month period include one or more summary |
2 | offenses of the first degree, misdemeanors or felonies. |
3 | (iii) Persons convicted of fishing while under |
4 | suspension or revocation. |
5 | (iv) Persons convicted of illegal taking of fish or |
6 | theft of fish from State hatchery waters, nursery waters |
7 | or refuge areas. |
8 | (v) Persons convicted of illegal sale or |
9 | commercialization of fish, reptiles or aquatic organisms. |
10 | (vi) Persons convicted of illegal use of explosives |
11 | or chemicals to take fish. |
12 | (vii) Persons convicted of offenses related to |
13 | endangered or threatened species. |
14 | (2) The Pennsylvania Game Commission shall report to |
15 | other compact states and recognize suspensions for offenses |
16 | in other compact states that have the same elements of the |
17 | following offenses under 34 Pa.C.S. (relating to game): |
18 | (i) Hunting or furtaking while on revocation. |
19 | (ii) Unlawful use of lights to take wildlife. |
20 | (iii) Buying and selling game. |
21 | (iv) Hunting or furtaking under the influence. |
22 | (v) Shooting at or causing injury to a human. |
23 | (vi) Counterfeit, alter or forge a license or tag. |
24 | (vii) Threatened or endangered species violations. |
25 | (viii) Assault/interference or bodily injury to a |
26 | wildlife conservation officer. |
27 | (ix) Illegal taking or possession of big game in |
28 | closed season. |
29 | (x) Accumulated wildlife violations for which the |
30 | penalty provided by 34 Pa.C.S. is no less than a summary |
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1 | offense of the fourth degree and the violation is not the |
2 | only violation in a 24-month period. |
3 | Section 6. Effective date. |
4 | This act shall take effect immediately. |
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