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                                                      PRINTER'S NO. 3430

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2364 Session of 2008


        INTRODUCED BY GERGELY, CALTAGIRONE, CARROLL, CLYMER, CUTLER,
           DALEY, FRANKEL, GIBBONS, GILLESPIE, GOODMAN, HORNAMAN,
           JOSEPHS, KAUFFMAN, KORTZ, KOTIK, KULA, LEVDANSKY, MAHONEY,
           McGEEHAN, McILHATTAN, MOUL, MOYER, MURT, PEIFER, PETRONE,
           READSHAW, SIPTROTH, K. SMITH, SONNEY, WALKO, J. WHITE,
           WOJNAROSKI AND YOUNGBLOOD, MARCH 17, 2008

        REFERRED TO COMMITTEE ON GAME AND FISHERIES, MARCH 17, 2008

                                     AN ACT

     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


     1           Findings and Declaration of Policy and Purpose
     2     (a)  The participating states find that:
     3     (1)  Wildlife resources are managed in trust by the
     4  respective states for the benefit of all residents and visitors.
     5     (2)  The protection of the wildlife resources of a state is
     6  materially affected by the degree of compliance with state
     7  statutes, rules, regulations and ordinances relating to the
     8  management of such resources.
     9     (3)  The preservation, protection, management and restoration
    10  of wildlife resources contributes immeasurably to the aesthetic,
    11  recreational and economic values of a state.
    12     (4)  Wildlife resources are valuable without regard to
    13  political boundaries; therefore, every person should be required
    14  to comply with wildlife preservation, protection, management and
    15  restoration statutes, rules, regulations and ordinances of the
    16  participating states as a condition precedent to the continuance
    17  or issuance of any license to hunt, trap, fish or otherwise
    18  possess wildlife.
    19     (5)  The violation of wildlife laws interferes with the
    20  management of wildlife resources and may endanger the safety of
    21  people and property.
    22     (6)  The mobility of many wildlife law violators necessitates
    23  the maintenance of channels of communication among the
    24  participating states.
    25     (7)  In most instances, a person who is cited for a wildlife
    26  violation in a state other than his home state is required to
    27  post collateral or a bond to secure appearance for trial at a
    28  later date, is taken into custody until the collateral or bond
    29  is posted or is taken directly to court for an immediate
    30  appearance.
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     1     (8)  The purpose of the aforementioned enforcement practices
     2  is to ensure compliance with the terms of the wildlife citation
     3  by the cited person who, if permitted to continue on his way
     4  after receiving the citation, could return to his home state and
     5  disregard his duty under the terms of the citation.
     6     (9)  In most instances, a person receiving a wildlife
     7  citation in his home state is permitted to accept the citation
     8  from the officer at the scene of the violation and immediately
     9  continue on his way after agreeing or being instructed to comply
    10  with the terms of the citation.
    11     (10)  The aforementioned enforcement practices cause
    12  unnecessary inconvenience and, at times, a hardship for the
    13  person who is unable at the time to post collateral, furnish a
    14  bond, stand trial or pay a fine and thus is compelled to remain
    15  in custody until some alternative arrangement is made.
    16     (11)  The aforementioned enforcement practices consume an
    17  undue amount of law enforcement time.
    18     (b)  It is the policy of the participating states to:
    19     (1)  Promote compliance with the statutes, rules, regulations
    20  and ordinances relating to the management of wildlife resources
    21  in their respective states.
    22     (2)  Recognize the suspension of wildlife license privileges
    23  of any person whose license privileges have been suspended by a
    24  participating state and treat such suspension as if it occurred
    25  in their state.
    26     (3)  Allow a violator, except as provided in subsection (b)
    27  of Article III of this compact, to accept a wildlife citation
    28  and, without delay, proceed on his way regardless of his state
    29  of residence: Provided, That the violator's home state is party
    30  to this compact.
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     1     (4)  Report to the appropriate participating state, as
     2  provided in the compact manual, any conviction recorded against
     3  any person whose home state was not the issuing state.
     4     (5)  Allow the home state to recognize and treat convictions
     5  recorded against its residents which occurred in a participating
     6  state as though they had occurred in the home state.
     7     (6)  Extend cooperation to its fullest extent among the
     8  participating states for enforcing compliance with the terms of
     9  a wildlife citation issued in one participating state to a
    10  resident of another participating state.
    11     (7)  Maximize the effective use of law enforcement personnel
    12  and information.
    13     (8)  Assist court systems in the efficient disposition of
    14  wildlife violations.
    15     (c)  The purpose of this compact is to:
    16     (1)  Provide a means through which participating states may
    17  join in a reciprocal program to effectuate the policies
    18  enumerated in subsection (b) of Article I of this compact in a
    19  uniform and orderly manner.
    20     (2)  Provide for the fair and impartial treatment of wildlife
    21  violators operating within participating states in recognition
    22  of the violator's right to due process and the sovereign status
    23  of a participating state.
    24                             Article II
    25                            Definitions
    26     Unless the context in which used clearly requires a different
    27  meaning, as used in this compact:
    28     (a)  "Citation" means any summons, complaint, summons and
    29  complaint, ticket, penalty assessment or other official document
    30  issued to a person by a wildlife officer or other peace officer
    20080H2364B3430                  - 4 -     

     1  for a wildlife violation which contains an order requiring the
     2  person to respond.
     3     (b)  "Collateral" means any cash or other security deposited
     4  to secure an appearance for trial in connection with the
     5  issuance by a wildlife officer or other peace officer of a
     6  citation for a wildlife violation.
     7     (c)  "Compliance" with respect to a citation means the act of
     8  answering a citation through an appearance in a court or
     9  tribunal or through the payment of fines, costs and surcharges,
    10  if any.
    11     (d)  "Conviction" means a conviction, including any court
    12  conviction, for any offense related to the preservation,
    13  protection, management or restoration of wildlife which is
    14  prohibited by state statute, rule, regulation or ordinance. The
    15  term "conviction" shall also include the forfeiture of any bail,
    16  bond or other security deposited to secure appearance by a
    17  person charged with having committed any such offense, the
    18  payment of a penalty assessment, a plea of nolo contendere or
    19  the imposition of a deferred or suspended sentence by the court.
    20     (e)  "Court" means a court of law, including any district
    21  justice court.
    22     (f)  "Home state" means the state of primary residence of a
    23  person.
    24     (g)  "Issuing state" means the participating state which
    25  issues a wildlife citation to the violator.
    26     (h)  "License" means any license, permit or other public
    27  document which conveys to the person to whom it was issued, the
    28  privilege of pursuing, possessing or taking any wildlife
    29  regulated by statute, rule, regulation or ordinance of a
    30  participating state.
    20080H2364B3430                  - 5 -     

     1     (i)  "Licensing authority" means the governmental agency
     2  within each participating state that is authorized by law to
     3  issue or approve licenses or permits to hunt, trap, fish or
     4  otherwise possess wildlife.
     5     (j)  "Participating state" means any state which enacts
     6  legislation to become a member of this wildlife compact.
     7     (k)  "Personal recognizance" means an agreement by a person
     8  made at the time of issuance of the wildlife citation that such
     9  person will comply with the terms of the citation.
    10     (l)  "State" means any state, territory or possession of the
    11  United States, including the District of Columbia and the
    12  Commonwealth of Puerto Rico.
    13     (m)  "Suspension" means any revocation, denial or withdrawal
    14  of any or all license privileges, including the privilege to
    15  apply for, purchase or exercise the benefits conferred by any
    16  license.
    17     (n)  "Terms of the citation" means those conditions and
    18  options expressly stated upon the citation.
    19     (o)  "Wildlife" means all species of animals, including, but
    20  not limited to, mammals, birds, fish, reptiles, amphibians,
    21  mollusks and crustaceans which are defined as "wildlife" and are
    22  protected or otherwise regulated by statute, rule, regulation or
    23  ordinance in a participating state. Species included in the
    24  definition of "wildlife" vary from state to state and
    25  determination of whether a species is "wildlife" for the
    26  purposes of this compact shall be based on the law in the
    27  issuing state.
    28     (p)  "Wildlife law" means any statute, rule, regulation or
    29  ordinance developed and enacted for the management of wildlife
    30  resources and the uses thereof.
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     1     (q)  "Wildlife officer" means any individual authorized by a
     2  participating state to issue or file a citation for a wildlife
     3  violation.
     4     (r)  "Wildlife violation" means any cited violation of a
     5  statute, rule, regulation or ordinance developed and enacted for
     6  the management of wildlife resources and the uses thereof.
     7                            Article III
     8                    Procedures for Issuing State
     9     (a)  When issuing a citation for a wildlife violation, a
    10  wildlife officer shall issue a citation to any person whose
    11  primary residence is in a participating state in the same manner
    12  as though the person were a resident of the issuing state and
    13  shall not require such person to post collateral to secure
    14  appearance, subject to the exceptions noted in subsection (b) of
    15  Article III of this compact, if the officer receives the
    16  recognizance of such person that he will comply with the terms
    17  of the citation.
    18     (b)  Personal recognizance is acceptable if not prohibited by
    19  law in the issuing state or by the compact manual and if the
    20  violator provides adequate proof of identification to the
    21  wildlife officer.
    22     (c)  Upon conviction or failure of a person to comply with
    23  the terms of a wildlife citation, the appropriate official shall
    24  report the conviction or failure to comply to the licensing
    25  authority of the participating state in which the wildlife
    26  citation was issued. The report shall be made in accordance with
    27  procedures specified by the issuing state and shall contain
    28  information as specified in the compact manual as minimum
    29  requirements for effective processing by the home state.
    30     (d)  Upon receipt of the report of conviction or
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     1  noncompliance pursuant to subsection (c) of Article III of this
     2  compact, the licensing authority of the issuing state shall
     3  transmit to the licensing authority of the home state of the
     4  violator the information in form and content as prescribed in
     5  the compact manual.
     6                             Article IV
     7                     Procedures for Home State
     8     (a)  Upon receipt of a report from the licensing authority of
     9  the issuing state reporting the failure of a violator to comply
    10  with the terms of a citation, the licensing authority of the
    11  home state shall notify the violator and shall initiate a
    12  suspension action in accordance with the home state's suspension
    13  procedures and shall suspend the violator's license privileges
    14  until satisfactory evidence of compliance with the terms of the
    15  wildlife citation has been furnished by the issuing state to the
    16  home state licensing authority. Due process safeguards shall be
    17  accorded.
    18     (b)  Upon receipt of a report of conviction from the
    19  licensing authority of the issuing state, the licensing
    20  authority of the home state shall enter such conviction in its
    21  records and shall treat such conviction as though it occurred in
    22  the home state for the purposes of the suspension of license
    23  privileges.
    24     (c)  The licensing authority of the home state shall maintain
    25  a record of actions taken and shall make reports to issuing
    26  states as provided in the compact manual.
    27                             Article V
    28                Reciprocal Recognition of Suspension
    29     (a)  All participating states shall recognize the suspension
    30  of license privileges of any person by any participating state
    20080H2364B3430                  - 8 -     

     1  as though the violation resulting in the suspension had occurred
     2  in their state and could have been the basis for suspension of
     3  license privileges in their state.
     4     (b)  Each participating state shall communicate suspension
     5  information to other participating states in form and content as
     6  contained in the compact manual.
     7                             Article VI
     8                    Applicability of Other Laws
     9     Except as expressly required by the provisions of this
    10  compact, nothing herein shall be construed to affect the right
    11  of any participating state to apply any of its laws relating to
    12  license privileges to any person or circumstance or to
    13  invalidate or prevent any agreement or other cooperative
    14  arrangement between a participating state and a nonparticipating
    15  state concerning wildlife law enforcement.
    16                            Article VII
    17                  Board of Compact Administrators
    18     (a)  For the purpose of administering the provisions of this
    19  compact and to serve as a governing body for the resolution of
    20  all matters relating to the operation of this compact, a board
    21  of compact administrators is established. The board shall be
    22  composed of one representative from each of the participating
    23  states to be known as the compact administrator. The compact
    24  administrator shall be appointed by the head of the licensing
    25  authority of each participating state and shall serve and be
    26  subject to removal in accordance with the laws of the state he
    27  represents. A compact administrator may provide for the
    28  discharge of his duties and the performance of his functions as
    29  a board member by an alternate. An alternate shall not be
    30  entitled to serve unless written notification of his identity
    20080H2364B3430                  - 9 -     

     1  has been given to the board.
     2     (b)  Each member of the board of compact administrators shall
     3  be entitled to one vote. No action of the board shall be binding
     4  unless taken at a meeting at which a majority of the total
     5  number of the board's votes are cast in favor thereof. Action by
     6  the board shall be only at a meeting at which a majority of the
     7  participating states are represented.
     8     (c)  The board shall elect annually from its membership a
     9  chairman and vice chairman.
    10     (d)  The board shall adopt bylaws not inconsistent with the
    11  provisions of this compact or the laws of a participating state
    12  for the conduct of its business and shall have the power to
    13  amend and rescind its bylaws.
    14     (e)  The board may accept for any of its purposes and
    15  functions under the compact any and all donations and grants of
    16  moneys, equipment, supplies, materials and services, conditional
    17  or otherwise, from any state and may receive, utilize and
    18  dispose of same.
    19     (f)  The board may contract with or accept services of
    20  personnel from any governmental or intergovernmental agency,
    21  individual, firm or corporation or from any private nonprofit
    22  organization or institution.
    23     (g)  The board shall formulate all necessary procedures and
    24  develop uniform forms and documents for administering the
    25  provisions of this compact. All procedures and forms adopted
    26  pursuant to board action shall be contained in the compact
    27  manual.
    28                            Article VIII
    29                 Entry into Compact and Withdrawal
    30     (a)  This compact shall become effective at such time as it
    20080H2364B3430                 - 10 -     

     1  is adopted in a substantially similar form by two or more
     2  states.
     3     (b)  (1)  Entry into the compact shall be made by resolution
     4  of ratification executed by the authorized officials of the
     5  applying state and submitted to the chairman of the board.
     6     (2)  The resolution shall substantially be in the form and
     7  content as provided in the compact manual and shall include the
     8  following:
     9     (A)  A citation of the authority from which the state is
    10  empowered to become a party to this compact;
    11     (B)  An agreement of compliance with the terms and provisions
    12  of this compact; and
    13     (C)  An agreement that compact entry is with all states
    14  participating in the compact and with all additional states
    15  legally becoming a party to the compact.
    16     (3)  The effective date of entry shall be specified by the
    17  applying state but shall not be less than 60 days after notice
    18  has been given by the chairman of the board of compact
    19  administrators or by the secretariat of the board of each
    20  participating state that the resolution from the applying state
    21  has been received.
    22     (c)  A participating state may withdraw from this compact by
    23  official written notice to each member state but withdrawal
    24  shall not become effective until 90 days after the notice of
    25  withdrawal is given. The notice shall be directed to the compact
    26  administrator of each member state. No withdrawal of any state
    27  shall affect the validity of this compact as to the remaining
    28  participating states.
    29                             Article IX
    30                     Amendments to the Compact
    20080H2364B3430                 - 11 -     

     1     (a)  This compact may be amended from time to time. Each
     2  proposed amendment shall be presented in resolution form to the
     3  chairman of the board of compact administrators and shall be
     4  initiated by one or more participating states.
     5     (b)  Adoption of an amendment shall require endorsement by
     6  all participating states and shall become effective 30 days
     7  after the date of the last endorsement.
     8     (c)  Failure of a participating state to respond to the
     9  compact chairman within 120 days after receipt of a proposed
    10  amendment shall constitute endorsement thereof.
    11                             Article X
    12                   Construction and Severability
    13     This compact shall be liberally construed so as to effectuate
    14  the purposes stated herein. The provisions of this compact shall
    15  be severable and if any phrase, clause, sentence or provision of
    16  this compact is declared to be contrary to the constitution of
    17  any participating state or of the United States, or the
    18  applicability thereof to any government, agency, individual or
    19  circumstance is held invalid, the validity of the remainder of
    20  this compact shall not be affected thereby. If this compact
    21  shall be held contrary to the constitution of any participating
    22  state, the compact shall remain in full force and effect as to
    23  the remaining states and in full force and effect as to the
    24  participating state affected as to all severable matters.
    25  Section 3.  When and how compact becomes operative.
    26     When the Governor shall have executed said compact on behalf
    27  of this State and shall have caused a verified copy thereof to
    28  be filed with the Secretary of the Commonwealth and when said
    29  compact shall have been ratified by one or more other states and
    30  when the Governor certifies to the General Assembly that the
    20080H2364B3430                 - 12 -     

     1  Pennsylvania Fish and Boat Commission and the Pennsylvania Game
     2  Commission are selling all fishing, hunting or furtaker licenses
     3  through electronic means and a copy of that certification is
     4  filed with the Secretary of the Commonwealth, then said compact
     5  shall become operative and effective between this State and such
     6  other state or states. The Governor is hereby authorized and
     7  directed to take such action as may be necessary to complete the
     8  exchange of official documents between this State and any other
     9  state ratifying said compact.
    10  Section 4.  Compensation and expenses of compact administrator.
    11     The compact administrator representing this State, as
    12  provided for in Article VII of the Interstate Wildlife Violator
    13  Compact, shall not be entitled to any additional compensation
    14  for his duties and responsibilities as said administrator but
    15  shall be entitled to reimbursement for reasonable expenses
    16  actually incurred in connection with his duties and
    17  responsibilities as said administrator in the same manner as for
    18  expenses incurred in connection with other duties and
    19  responsibilities of his office or employment.
    20  Section 5.  Limitation on reciprocal suspension recognition.
    21     For purposes of reciprocal recognition of suspensions under
    22  Article V of the compact:
    23         (1)  The Pennsylvania Fish and Boat Commission shall
    24     report to other compact states and recognize suspensions for
    25     offenses in other compact states that have the same elements
    26     of the following offenses under 30 Pa.C.S. (relating to
    27     fish):
    28             (i)  Assault upon or interference with a conservation
    29         officer.
    30             (ii)  Persons sentenced as repeat offenders under 30
    20080H2364B3430                 - 13 -     

     1         Pa.C.S. § 923(d) (relating to classification of offenses
     2         and penalties) provided the repeated offenses committed
     3         within a 12-month period include one or more summary
     4         offenses of the first degree, misdemeanors or felonies.
     5             (iii)  Persons convicted of fishing while under
     6         suspension or revocation.
     7             (iv)  Persons convicted of illegal taking of fish or
     8         theft of fish from State hatchery waters, nursery waters
     9         or refuge areas.
    10             (v)  Persons convicted of illegal sale or
    11         commercialization of fish, reptiles or aquatic organisms.
    12             (vi)  Persons convicted of illegal use of explosives
    13         or chemicals to take fish.
    14             (vii)  Persons convicted of offenses related to
    15         endangered or threatened species.
    16         (2)  The Pennsylvania Game Commission shall report to
    17     other compact states and recognize suspensions for offenses
    18     in other compact states that have the same elements of the
    19     following offenses under 34 Pa.C.S. (relating to game):
    20             (i)  Hunting or furtaking while on revocation.
    21             (ii)  Unlawful use of lights to take wildlife.
    22             (iii)  Buying and selling game.
    23             (iv)  Hunting or furtaking under the influence.
    24             (v)  Shooting at or causing injury to a human.
    25             (vi)  Counterfeit, alter or forge a license or tag.
    26             (vii)  Threatened or endangered species violations.
    27             (viii)  Assault/interference or bodily injury to a
    28         wildlife conservation officer.
    29             (ix)  Illegal taking or possession of big game in
    30         closed season.
    20080H2364B3430                 - 14 -     

     1             (x)  Accumulated wildlife violations for which the
     2         penalty provided by 34 Pa.C.S. is no less than a summary
     3         offense of the fourth degree and the violation is not the
     4         only violation in a 24-month period.
     5  Section 6.  Effective date.
     6     This act shall take effect immediately.
















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