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A05689
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1409
Session of
2017
INTRODUCED BY WENTLING, RAPP, COOK, READSHAW, JAMES, CAUSER,
SAINATO, WARD, ZIMMERMAN, SANKEY, B. MILLER, TURZAI, ROAE,
JOZWIAK, GILLEN, REED, LONGIETTI AND ENGLISH, MAY 19, 2017
AS REPORTED FROM COMMITTEE ON GAME AND FISHERIES, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 23, 2018
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in hunting and furtaking licenses, further
providing for resident license and fee exemptions and for
license costs and fees; in special licenses and permits,
providing for permit exemptions; and making editorial
changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2701(c)(1), 2704(b) introductory
paragraph, 2705(15), AND 2706 heading, (b)(1) and (1.1) and
(b.1) and 2709(a)(2) and (17) of Title 34 of the Pennsylvania
Consolidated Statutes are amended to read:
§ 2701. License requirements.
* * *
(c) Exception.--Any person who has never held a hunting
license in Pennsylvania or any other state may participate in
the hunting and trapping activities authorized under this title
or commission regulations without compliance with subsection (a)
or section 2704 (relating to eligibility for license) if that
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person satisfies all of the following requirements:
(1) The person who participates in the hunting or
trapping activities must always be in sight of and close
enough to a licensed hunter who is at least 18 years of age
to clearly hear and understand instructions communicated to
the person through normal conversation without the aid of any
device. The licensed hunter shall have a valid hunting
license for the game or wildlife they are hunting or qualify
for license and fee exemptions under section 2706 (relating
to [resident] license and fee exemptions).
* * *
§ 2704. Eligibility for license.
* * *
(b) Hunter education.--Persons who have not held a hunting
license lawfully issued to them in this Commonwealth or another
state or nation or have not hunted under the exceptions in
section 2706 (relating to [resident] license and fee exemptions)
or do not possess a certificate of training approved by the
director prior to the enactment of this title shall be required
to attain accreditation in a hunter education program approved
by the director before a hunting license is issued to them. The
provisions of this subsection shall not apply to a person who
presents:
* * *
§ 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:
* * *
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(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.
* * *
§ 2706. [Resident license] License and fee exemptions.
* * *
(b) Disabled veterans.--
(1) Any resident or nonresident disabled veteran who has
a disability incurred in any war or armed conflict which
consists of the loss of one or more limbs, or the loss of the
use of one or more limbs, or who is 100% disabled as
certified by the United States Department of Veterans
Affairs, and who meets all other qualifications of this title
and is otherwise mentally and physically fit, shall be issued
a free regular hunting or furtaking license upon application
to the commission or a county treasurer.
(1.1) Any resident or nonresident disabled veteran who
has a disability incurred in any war or armed conflict and
possesses a disability rating between 60% and 99% as
certified by the United States Department of Veterans Affairs
and who meets all other qualifications of this act and is
otherwise mentally and physically fit shall be issued a
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resident hunting or furtaking license at the cost of $1 upon
application to the commission or a county treasurer.
* * *
(b.1) Prisoners of war.--A resident or nonresident former
prisoner of war shall be entitled to purchase a resident hunting
license at the cost of $1 plus the current issuing fee upon
application to the commission. An application under this
subsection shall contain the same information as is required for
other resident hunting license applications. As used in this
subsection, the term "former prisoner of war" means an
individual who was imprisoned by enemy forces while in the
service of the armed forces of the United States as certified by
the appropriate branch of the armed forces of the United States.
* * *
SECTION 2. SECTION 2709(A)(2) AND (17) OF TITLE 34 ARE
AMENDED AND THE SUBSECTION IS AMENDED BY ADDING A PARAGRAPH 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
license upon payment of the following costs and the issuing
agent's fee:
* * *
(2) (i) Adult resident hunting - $19.
(ii) Resident military personnel hunting - $1.
(iii) [Former] Resident and nonresident former
prisoner of war hunting - $1.
(iv) Pennsylvania National Guard hunting - $1.
(v) Reserve component of the armed forces hunting -
$1.
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* * *
(17) Resident and nonresident disabled veteran hunting
or furtaker under section [2706(b)] 2706(B) (1) (relating to
disabled veterans) - no cost.
(17.1) RESIDENT AND NONRESIDENT DISABLED VETERAN HUNTING
OR FURTAKER UNDER SECTION 2706(B)(1.1) - $1.
* * *
Section 3. Title 34 is amended by adding a section to read:
§ 2902.1. Permit exemptions.
(a) Prohibition.--Notwithstanding any other provision of
this title, the holder of a permit-exempt license may not be
required to obtain a permit to hunt a species that the holder of
the permit-exempt license was allowed to hunt without a permit
prior to July 1, 2017.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Permit-exempt license." Any of the following:
(1) A senior lifetime resident hunting license.
(2) A senior lifetime resident combination hunting and
furtaker license.
Section 4. The addition of 34 Pa.C.S. § 2902.1 shall apply
retroactively to July 1, 2017.
Section 2 3 5. This act shall take effect in 60 days.
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