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.

13(b) [License] Special conservation license auction.--The
14commission is authorized to auction off a special license to
15hunters interested in the opportunity to hunt one elk subject to
16the following:

17(1) One license shall be auctioned annually.

1(2) The auction shall be open to residents and
2nonresidents of this Commonwealth.

3(3) The commission may, under 62 Pa.C.S. Pt. I (relating
4to Commonwealth Procurement Code), contract with a wildlife
5conservation organization to implement and conduct the
6auction. The commission shall promulgate regulations for the
7use of the license, remitting funds to the commission and
8conduct of the auction.

9(4) [The contracted organization shall retain no more
10than 20% of the proceeds from the auction. The contracted
11organization shall report annually to the commission on the
12use of the proceeds from the auction. The remaining proceeds
13from the auction shall be used by the commission for the elk
14program in this Commonwealth in addition to any other funds
15available to the commission for that purpose. The commission
16shall include in its annual report to the General Assembly
17the use of all proceeds from the auction.] The contracted 
18organization under paragraph (3):

19(i) May retain administrative costs associated with
20the auction. The administrative costs shall be determined
21and agreed to by the contracted organization receiving
22the license prior to the license being awarded.

23(ii) Shall return the proceeds remaining after
24retention of administrative costs under subparagraph (i)
25to the commission to be used pursuant to the contract
26under paragraph (3) in a manner consistent with the
27commission's elk management plan.

28(iii) Shall report annually to the commission on the
29use of the proceeds from the auction. The commission
30shall, in its annual report to the General Assembly,

1include the use of all proceeds from the auction.

2(5) All license fees shall be paid to the commission.

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

4(c) Special-license fundraiser.--In addition to any other
5elk license provided for under this section, the commission may
6hold a special-license fundraiser for hunters interested in the
7opportunity to hunt one elk, subject to the following:

8(1) The commission may enter into a contract with a
9Pennsylvania-based nonprofit organization whose primary
10mission is the advancement of education, stewardship and
11habitat for the elk population in this Commonwealth and that
12is a participant in a public-private partnership for the
13management and operation of the Elk Country Visitor's Center
14in Benezette Township, Elk County, to auction or raffle one
15elk license annually.

16(2) The entity which contracts with the commission under
17paragraph (1) may conduct a fundraiser for the opportunity
18for interested hunters to purchase the elk license. The
19fundraiser shall be open to all residents and nonresidents of
20this Commonwealth who wish to obtain the license. The
21subsequent use of the license must meet Federal and State
22hunting regulations.

23(3) The entity which contracts with the commission under
24paragraph (1) may retain administrative costs associated with
25the auction. The administrative costs shall be determined and
26agreed to by the entity receiving the license prior to the
27license being awarded.

28(4) The proceeds remaining after retention of
29administrative costs under paragraph (3) shall be returned to
30the commission and shall be used pursuant to the contract

1under paragraph (1) in a manner consistent with the
2commission's elk management plan.

3(5) The entity shall report annually to the commission
4on the use of the proceeds from the special-license
5fundraiser. The commission shall, in its annual report to the
6General Assembly, include the use of all proceeds from the
7special-license fundraiser.

8(6) This subsection shall expire July 1, 2018.

9(d) Background check.--A recipient selected to receive a
10license under subsection (b) or (c) must be subjected to a
11background check prior to being awarded the license. If one or
12more serious game law violations resulting in license revocation
13within the preceding ten years, or three or more game law
14violations within the preceding ten years are found, the license
15may not be awarded to the recipient and another recipient shall
16be chosen.

17Section 2. The regulation of the Pennsylvania Game
18Commission in 58 Pa. Code § 143.203(a) (relating to drawing) is
19abrogated to the extent that it is inconsistent with 34 Pa.C.S.
20§ 2706.2(a).

21Section 3. This act shall take effect immediately.