PRIOR PRINTER'S NO. 1345 PRINTER'S NO. 1843
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. 20070H1116B1843 - 2 -
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 20070H1116B1843 - 3 -
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. 20070H1116B1843 - 4 -
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 20070H1116B1843 - 5 -
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. C26L34JS/20070H1116B1843 - 6 -