Regular Session 2023-2024 House Bill 1440 P.N. 1640

PRINTER'S NO. 1640

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1440

Session of

2023

INTRODUCED BY MEHAFFIE, ADAMS AND NEILSON, JUNE 21, 2023

REFERRED TO COMMITTEE ON GAME AND FISHERIES, JUNE 21, 2023

AN ACT

Amending Title 34 (Game) of the Pennsylvania Consolidated

Statutes, in Pennsylvania Game Commission, further providing

for powers and duties of commission; in hunting and furtaking

licenses, further providing for classes of licenses and for

license costs and fees; and making an editorial change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 322(c) of Title 34 of the Pennsylvania

Consolidated Statutes is amended by adding a paragraph to read:

§ 322. Powers and duties of commission.

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and enforce this title, the commission through proper action

shall:

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(14) Establish license and permit fees as follows:

(i) The commission shall publish a notice of

proposed rulemaking containing the proposed license or

permit class or fee changes in accordance with section

201 of the act of July 31, 1968 (P.L.769, No.240),

referred to as the Commonwealth Documents Law. The

commission shall give at least 30 days for the submission

of written comments and shall hold at least one public

hearing on the proposed change.

(ii) Prior to adoption of a final-form regulation

containing a license or permit class or fee change, the

commission shall review and consider any public comments

and may modify the text of the final-form regulation, as

necessary, under section 202 of the Commonwealth

Documents Law.

(iii) After adoption of a final-form regulation

containing a license or permit class or fee change, the

commission shall submit the final-form regulation, copies

of all public comments and the transcript of the public

hearing to the Game and Fisheries Committee of the Senate

and the Game and Fisheries Committee of the House of

Representatives.

(iv) Either committee under subparagraph (iii) may

report a concurrent resolution recommending disapproval

of the license or permit class or fee change within 30

days of the submission under subparagraph (iii) or within

10 legislative days of the submission, whichever is

later. If neither committee reports a concurrent

resolution recommending disapproval within the time

prescribed in this subparagraph, the license or permit

class or fee change shall be deemed approved.

(v) If either committee reports a concurrent

resolution under subparagraph (iv) and the General

Assembly does not adopt the concurrent resolution within

30 days of the date on which the concurrent resolution is

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reported or within 10 legislative days of the report,

whichever is later, the license or permit class or fee

change shall be deemed approved.

(vi) If the General Assembly adopts a concurrent

resolution under subparagraph (iv) within 30 days of the

date on which the concurrent resolution is reported or

within 10 legislative days, whichever is later, the

following shall apply:

(A) The concurrent resolution shall be presented

to the Governor in accordance with section 9 of

Article III of the Constitution of Pennsylvania.

(B) If the Governor does not veto the concurrent

resolution of the General Assembly within 10 days

after the concurrent resolution is presented, the

license or permit class or fee change shall be deemed

disapproved.

resolution within 10 days after it is presented, the

General Assembly may, within 30 days of the veto or

within 10 legislative days of the veto, whichever is

later, override the veto by a two-thirds vote in each

house. If the General Assembly does not override the

veto in the time prescribed in this clause, the

license or permit class or fee change shall be deemed

approved. If the General Assembly overrides the veto

in the time prescribed in this clause, the license or

permit class or fee change shall be deemed

disapproved.

(vii) If the license or permit class or fee change

is deemed approved under subparagraph (iv), (v) or (vi)

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(C), the commission shall:

(A) submit the final-form regulation containing

the license or permit class or fee change to the

Office of Attorney General for approval as to

legality; and

(B) publish an order adopting the final-form

regulation containing the license or permit class or

fee change and deposit the text of the order with the

Legislative Reference Bureau in accordance with

section 207 of the Commonwealth Documents Law.

Section 2. Section 2705 of Title 34 is amended to read:

§ 2705. Classes of licenses.

[Unless otherwise provided, any person wishing to exercise

any of the privileges granted by this title shall first secure

the applicable resident or nonresident hunting or furtaker

license as follows:

(1) Adult resident hunting licenses to residents who

have reached their 17th birthday but have not reached their

65th birthday.

(2) Junior resident hunting licenses to residents who

have reached or will reach their 12th birthday in the license

year of application for a license but who have not reached

their 17th birthday prior to the date of the application for

the license and who present a written request, bearing the

signature of a parent or guardian, for the issuance of a

license. The actual hunting privileges granted to the holder

of a junior license shall not be exercised until that person

in fact is 12 years of age.

(3) Senior resident hunting licenses or, at the option

of the applicant, a senior lifetime resident hunting license

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to residents who have reached or will reach their 65th

birthday in the license year of the application for the

license. The commission shall develop, implement and

administer a system to provide tags, report cards and

applications to those residents who hold a senior lifetime

resident hunting license issued under this paragraph. The

system shall require the applicant or license holder to pay

any approved fee assessed by the issuing agent.

(4) Adult resident furtaker licenses to residents who

have reached their 17th birthday but have not reached their

65th birthday.

(5) Junior resident furtaker licenses to residents who

have reached or will reach their 12th birthday in the license

year of application for a license but who have not reached

their 17th birthday prior to the date of the application for

the license and who present a written request, containing the

signature of a parent or guardian, for the issuance of a

license. The actual furtaking privileges granted to the

holder of a junior license shall not be exercised until that

person in fact is 12 years of age.

(6) Senior resident furtaker licenses or, at the option

of the applicant, a senior lifetime resident furtaker license

to residents who have reached or will reach their 65th

birthday in the license year of the application for the

license.

(7) Senior lifetime resident combination hunting and

furtaking license, including archery and muzzleloader

privileges, to residents who have reached or will reach their

65th birthday in the license year of the application for the

license. The commission shall develop, implement and

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administer a system to provide tags, report cards and

applications to those residents who hold a senior lifetime

resident hunting license issued under this paragraph. The

system shall require the applicant or license holder to pay

any approved fee assessed by the issuing agent.

(7.1) Junior resident combination hunting and furtaker

license, including archery and muzzleloader privileges, to

residents who have reached or will reach their 12th birthday

in the license year of application for a license but who have

not reached their 17th birthday prior to the date of the

application for the license and who present a written

request, containing the signature of a parent or guardian,

for the issuance of a license. The actual privileges granted

to the holder of a junior resident combination license shall

not be exercised until that person in fact is 12 years of

age.

(8) Adult nonresident hunting licenses to all

nonresidents of 17 years of age or older.

(9) Junior nonresident hunting licenses to all

nonresidents who have reached or will reach their 12th

birthday in the license year of application for a license but

who have not reached their 17th birthday prior to the date of

the application for the license and who present a written

request, bearing the signature of a parent or guardian, for

the issuance of a license. The actual hunting privileges

granted to the holder of a junior license shall not be

exercised until that person in fact is 12 years of age.

(10) Adult nonresident furtaker licenses to nonresidents

of 17 years of age or older.

(11) Junior nonresident furtaker licenses to

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nonresidents who have reached or will reach their 12th

birthday in the license year of application for a license but

who have not reached their 17th birthday prior to the date of

the application for the license and who present a written

request, containing the signature of a parent or guardian,

for the issuance of a license. The actual furtaking

privileges granted to the holder of a junior license shall

not be exercised until that person in fact is 12 years of

age.

(11.1) Junior nonresident combination hunting and

furtaker license, including archery and muzzleloader

privileges, to nonresidents who have reached or will reach

their 12th birthday in the license year of application for a

license but who have not reached their 17th birthday prior to

the date of the application for the license and who present a

written request, containing the signature of a parent or

guardian, for the issuance of a license. The actual

privileges granted to the holder of a junior nonresident

combination license shall not be exercised until that person

in fact is 12 years of age.

(12) Seven-day nonresident small game license to persons

eligible to procure a nonresident hunting license. The

license shall be valid for a period of seven consecutive

days. The holder of the license shall be entitled to hunt

for, take or kill crows and small game.

(13) Antlerless deer licenses, bear licenses, archery

licenses, muzzleloader licenses and any other license

required to insure just and proper administration of this

title and sound game or wildlife conservation to eligible

persons, subject to the regulations, requirements and

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conditions which the commission shall establish. Any such

license shall be made available to residents serving on

active duty in the armed forces of the United States or in

the United States Coast Guard without regard to quota

limitations or application deadlines.

(14) Migratory game bird licenses for hunting all

migratory game birds to eligible persons, subject to the

regulations, requirements and conditions which the commission

shall establish. Any such license shall be made available to

residents serving on active duty in the armed forces of the

United States or in the United States Coast Guard without

regard to quota limitations or application deadlines.

(15) Elk hunting license to persons eligible for classes

of licenses in paragraphs (1), (2), (3), (7), (7.1), (8), (9)

and (11.1). Notwithstanding any other provisions of this

title or the regulations promulgated thereunder, elk licenses

under this paragraph shall not be subject to the provisions

of sections 2706 (relating to resident license and fee

exemptions) and 2706.1 (relating to complimentary nonresident

licenses). To ensure sound management of Pennsylvania's wild

elk population, the commission may promulgate regulations to

establish a limited number of licenses. The commission may

establish a nonrefundable application fee at a cost of $10.

(16) Special wild turkey license to be used in

conjunction with an adult or junior resident license, adult

or junior nonresident license, senior resident license,

senior resident lifetime license, senior lifetime resident

combination hunting and furtaking license and junior resident

and nonresident combination hunting and furtaking license

when the commission by regulation authorizes the harvest of

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wild turkeys over and above the number of turkey harvest tags

attached to the preceding licenses.]

(a) General rule.--Unless otherwise provided in this title,

a person wishing to exercise any of the privileges granted by

this title shall first secure the applicable resident or

nonresident hunting or furtaker licenses established by the

commission. The commission shall promulgate regulations to

create licenses the commission deems necessary to properly

manage the game or wildlife resources of this Commonwealth and

define the activities which may be performed under authority

granted by the issued licenses.

(b) Limitations on establishment of licenses.--

(1) A new license or change in license class established

by the commission under subsection (a) must be made under

section 322(c)(14) (relating to powers and duties of

commission).

(2) The commission shall maintain all license classes

existing prior to the effective date of this subsection for a

period of three years from the effective date of this

subsection by promulgation of regulations in accordance with

the act of July 31, 1968 (P.L.769, No.240), referred to as

the Commonwealth Documents Law. This paragraph shall not

apply to a new license class first established after the

effective date of this subsection.

Section 3. Section 2709 heading and (a) of Title 34, amended

January 26, 2022 (P.L.14, No.3), are amended and the section is

amended by adding a subsection to read:

§ 2709. License [costs and] fees.

(a) [License costs.--Any person who qualifies under the

provisions of this chapter shall be issued the applicable

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license upon payment of the following costs and the issuing

agent's fee:

(1) (i) Junior resident hunting - $5.

(ii) Junior resident combination hunting and

furtaker - $8.

(2) (i) Adult resident hunting - $19.

(ii) Resident military personnel hunting - $1.

(iii) Former prisoner of war hunting - $1.

(iv) Pennsylvania National Guard hunting - $1.

(v) Reserve component of the armed forces hunting -

$1.

(vi) Volunteer instructor license - $1.

(3) (i) Senior resident hunting - $12.

(ii) Senior lifetime resident hunting - $50.

(iii) Senior lifetime resident combination hunting

and furtaker - $100.

(4) Bear hunting:

(i) Resident - $15.

(ii) Nonresident - $35.

(5) Antlerless deer:

(i) Resident, including resident military, resident

disabled veteran and landowner - $5.

(ii) Nonresident - $25.

(6) Archery deer:

(i) Resident - $15.

(ii) Nonresident - $25.

(7) Muzzleloader deer:

(i) Resident - $10.

(ii) Nonresident - $20.

(8) (Reserved).

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(9) Adult nonresident hunting - $100.

(10) (i) Junior nonresident hunting - $40.

(ii) Junior nonresident combination hunting and

furtaker - $50.

(11) Seven-day nonresident small game - $30.

(12) Junior resident furtakers - $5.

(13) Adult resident furtakers - $19.

(14) (i) Senior resident furtakers - $12.

(ii) Senior lifetime resident furtaker - $50.

(15) Adult nonresident furtaker - $80.

(16) Junior nonresident furtaker - $40.

(17) Resident disabled veteran hunting or furtaker under

section 2706(b) (relating to disabled veterans) - no cost.

(18) Replacement license - $5. Antlerless deer and bear

licenses shall be replaced by the original issuing agent

only.

(19) Owners or possessors of land open to public hunting

under section 2706(d) (relating to owners or possessors of

land open to public hunting) - $3.

(20) Migratory game bird hunting license:

(i) Resident - $2.

(ii) Nonresident - $5.

(21) Elk hunting license:

(i) Resident - $25.

(ii) Nonresident - $250.

(22) Special wild turkey license:

(i) Resident - $20.

(ii) Nonresident - $40.] License fees.--Unless

otherwise provided in this chapter, a person who

qualifies under the provisions of this chapter shall be

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issued the applicable license upon payment of the

applicable fees set by the commission. The commission

shall, as deemed necessary to properly manage the game or

wildlife resources of this Commonwealth, promulgate

regulations setting applicable fees for a license

established under the authority of section 2705 (relating

to classes of licenses).

(a.1) Limitations on fee setting.--

(1) A new fee or change in fee set by the commission

under subsection (a) must be made under section 322(c)(14)

(relating to powers and duties of commission).

(2) The commission shall maintain all license fees for

applicable license classes existing under subsection (a)

prior to the effective date of this subsection for a period

of three years from the effective date of this subsection by

promulgation of regulations in accordance with the act of

July 31, 1968 (P.L.769, No.240), referred to as the

Commonwealth Documents Law. This paragraph does not apply to

fees set for new licenses first established after the

effective date of this subsection.

* * *

Section 4. Section 2712(b) of Title 34 is amended to read:

§ 2712. Vouchers for licenses and permits.

* * *

(b) Fees.--A person purchasing a voucher shall pay the costs

for the type of license or permit being purchased and the

issuing agent fee as provided in sections 2709 (relating to

license [costs and] fees) and 2904 (relating to permit fees).

* * *

Section 5. This act shall take effect in 60 days.

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