AN ACT

 

1Amending Title 34 (Game) of the Pennsylvania Consolidated
2Statutes, reenacting and further providing for elk hunting
3licenses; and abrogating a regulation.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 2706.2 of Title 34 of the Pennsylvania
7Consolidated Statutes is reenacted and amended to read:

8§ 2706.2. Elk hunting licenses.

9(a) Application limitation.--Whenever the commission makes a
10determination to authorize a hunting season for the taking of
11elk, no person may submit more than one application for an elk
12hunting license in any license year. The commission shall hold a 
13random drawing of applications for the issuance of elk licenses 
14under this subsection at the Elk Country Visitor Center in the 
15Township of Benezette.

16(b) [License] Special conservation license auction.--The

1commission is authorized to auction off a special license to
2hunters interested in the opportunity to hunt one elk subject to
3the following:

4(1) One license shall be auctioned annually.

5(2) The auction shall be open to residents and
6nonresidents of this Commonwealth.

7(3) The commission may, under 62 Pa.C.S. Pt. I (relating
8to Commonwealth Procurement Code), contract with a wildlife
9conservation organization to implement and conduct the
10auction. The commission shall promulgate regulations for the
11use of the license, remitting funds to the commission and
12conduct of the auction.

13(4) [The contracted organization shall retain no more
14than 20% of the proceeds from the auction. The contracted
15organization shall report annually to the commission on the
16use of the proceeds from the auction. The remaining proceeds
17from the auction shall be used by the commission for the elk
18program in this Commonwealth in addition to any other funds
19available to the commission for that purpose. The commission
20shall include in its annual report to the General Assembly
21the use of all proceeds from the auction.] The contracted 
22organization under paragraph (3):

23(i) May retain administrative costs associated with
24the auction. The administrative costs shall be determined
25and agreed to by the contracted organization receiving
26the license prior to the license being awarded.

27(ii) Shall return the proceeds remaining after
28retention of administrative costs under subparagraph (i)
29to the commission to be used pursuant to the contract
30under paragraph (3) in a manner consistent with the

1commission's elk management plan.

2(iii) Shall report annually to the commission on the
3use of the proceeds from the auction. The commission
4shall, in its annual report to the General Assembly,
5include the use of all proceeds from the auction.

6(5) All license fees shall be paid to the commission.

7[(6) This subsection shall expire July 1, 2013.]

8(c) Special-license fundraiser.--In addition to any other
9elk license provided for under this section, the commission may
10hold a special-license fundraiser for hunters interested in the
11opportunity to hunt one elk, subject to the following:

12(1) The commission may enter into a contract with a
13Pennsylvania-based nonprofit organization whose primary
14mission is the advancement of education, stewardship and
15habitat for the elk population in this Commonwealth and that
16is a participant in a public-private partnership for the
17management and operation of the Elk Country Visitor's Center
18in Benezette Township, Elk County, to auction or raffle one
19elk license annually.

20(2) The entity which contracts with the commission under
21paragraph (1) may conduct a fundraiser for the opportunity
22for interested hunters to purchase the elk license. The
23fundraiser shall be open to all residents and nonresidents of
24this Commonwealth who wish to obtain the license. The
25subsequent use of the license must meet Federal and State
26hunting regulations.

27(3) The entity which contracts with the commission under
28paragraph (1) may retain administrative costs associated with
29the auction. The administrative costs shall be determined and
30agreed to by the entity receiving the license prior to the

1license being awarded.

2(4) The proceeds remaining after retention of
3administrative costs under paragraph (3) shall be returned to
4the commission and shall be used pursuant to the contract
5under paragraph (1) in a manner consistent with the
6commission's elk management plan.

7(5) The entity shall report annually to the commission
8on the use of the proceeds from the special-license
9fundraiser. The commission shall, in its annual report to the
10General Assembly, include the use of all proceeds from the
11special-license fundraiser.

12(6) This subsection shall expire July 1, 2018.

13(d) Background check.--A recipient selected to receive a
14license under subsection (b) or (c) must be subjected to a
15background check prior to being awarded the license. If one or
16more serious game law violations resulting in license revocation
17within the preceding ten years, or three or more game law
18violations within the preceding ten years are found, the license
19may not be awarded to the recipient and another recipient shall
20be chosen.

<-21(e) Elk management area raffle.--If the commission awards
22the opportunity to purchase elk hunting licenses in this
23Commonwealth, other than the license auction authorized under
24subsection (b), the commission shall conduct an elk management
25area raffle. The raffle shall be subject to the following:

26(1) The opportunity to purchase one license shall be
27awarded annually through the raffle.

28(2) Only residents of the elk management area shall be
29eligible to participate in the raffle.

30(3) The opportunity to purchase an antlered elk hunting

1license shall be awarded through the raffle in even-numbered
2years and the opportunity to purchase an antlerless elk
3hunting license shall be awarded through the raffle in odd-
4numbered years.

5(4) The raffle shall be conducted prior to any other
6awarding of the opportunity to purchase elk hunting licenses,
7with the exception of the license auction held under
8subsection (b).

9(5) Except as otherwise provided by law, all applicants
10in the elk management area raffle, other than the person
11selected in the elk management area raffle, shall be eligible
12for any other award of an opportunity to purchase an elk
13hunting license.

14(f) Definitions.--The following words and phrases when used
15in this section shall have the meanings given to them in this
16subsection unless the context clearly indicates otherwise:

17"Elk management area." The term as defined in 58 Pa. Code §
18141.48 (relating to elk management area and elk hunt zones).

19Section 2. The regulation of the Pennsylvania Game
20Commission in 58 Pa. Code § 143.203(a) (relating to drawing) is
21abrogated to the extent that it is inconsistent with 34 Pa.C.S.
22§ 2706.2(a).

23Section 3. This act shall take effect immediately.