Regular Session 2015-2016 Senate Bill 1166 P.N. 1882

PRIOR PRINTER'S NO. 1625

PRINTER'S NO. 1882

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1166

Session of

2015

INTRODUCED BY STEFANO, SCAVELLO, ALLOWAY, TEPLITZ, VULAKOVICH,

FOLMER, BREWSTER, WAGNER, WARD AND WILEY, MARCH 18, 2016

AS AMENDED ON SECOND CONSIDERATION, JUNE 6, 2016

AN ACT

Amending Title 34 (Game) of the Pennsylvania Consolidated

Statutes, in Pennsylvania Game Commission, further providing

for powers and duties of commission AND FOR ACCOUNTABILITY;

and, in hunting and furtaking licenses, further providing 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 fees for hunting and furtaking licenses.

This paragraph shall expire three years after the effective

date of this paragraph. No later than one year before the

expiration date of this paragraph , the Legislative Budget and

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Finance Committee shall prepare a report that examines the

provisions of this paragraph. The report shall include

information pertaining to the amount of revenue received from

the fees collected and the number of licenses issued since

the effective date of this paragraph.

Section 2. Section 2709(a) of the act is amended to read:

§ 2709. License costs and fees.

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

(14) FOLLOWING SUBMISSION OF THE ANALYSIS REQUIRED UNDER

SECTION 328(F) (RELATING TO ACCOUNTABILITY), ESTABLISH FEES

FOR LICENSES AS FOLLOWS:

(I) THE COMMISSION SHALL PUBLISH A NOTICE OF

PROPOSED RULEMAKING CONTAINING THE PROPOSED FEE CHANGE 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 FEE CHANGE, THE COMMISSION SHALL REVIEW AND

CONSIDER ANY PUBLIC COMMENTS AND MAY MODIFY THE TEXT OF

THE FINAL-FORM REGULATION AS IT DEEMS NECESSARY UNDER

SECTION 202 OF THE COMMONWEALTH DOCUMENTS LAW.

(III) AFTER ADOPTION OF A FINAL-FORM REGULATION

CONTAINING A 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

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REPORT A CONCURRENT RESOLUTION RECOMMENDING DISAPPROVAL

OF THE FEE CHANGE WITHIN 30 DAYS OF THE SUBMISSION UNDER

SUBPARAGRAPH (III). IF NEITHER COMMITTEE REPORTS A

CONCURRENT RESOLUTION RECOMMENDING DISAPPROVAL WITHIN THE

TIME PRESCRIBED IN THIS SUBPARAGRAPH, THE FEE CHANGE

SHALL BE DEEMED APPROVED.

(V) IF EITHER COMMITTEE REPORTS A CONCURRENT

RESOLUTION UNDER SUBPARAGRAPH (IV) AND THE GENERAL

ASSEMBLY DOES NOT ADOPT IT WITHIN 30 DAYS OF THE DATE ON

WHICH THE CONCURRENT RESOLUTION IS REPORTED, THE 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, 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 IT IS PRESENTED, THE FEE CHANGE SHALL BE DEEMED

DISAPPROVED.

RESOLUTION WITHIN 10 DAYS AFTER IT IS PRESENTED, THE

GENERAL ASSEMBLY MAY, WITHIN 30 DAYS OF THE VETO,

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 FEE CHANGE

SHALL BE DEEMED APPROVED. IF THE GENERAL ASSEMBLY

OVERRIDES THE VETO IN THE TIME PRESCRIBED IN THIS

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CLAUSE, THE FEE CHANGE SHALL BE DEEMED DISAPPROVED.

(VII) IF THE FEE CHANGE IS DEEMED APPROVED UNDER

SUBPARAGRAPH (IV), (V) OR (VI)(C), THE COMMISSION SHALL:

(A) SUBMIT THE FINAL-FORM REGULATION CONTAINING

THE 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 FEE CHANGE AND DEPOSIT THE

TEXT OF THE ORDER WITH THE LEGISLATIVE REFERENCE

BUREAU IN ACCORDANCE WITH SECTION 207 OF THE

COMMONWEALTH DOCUMENTS LAW.

(VIII) EXCEPT FOR THIS SUBPARAGRAPH, THIS PARAGRAPH

SHALL EXPIRE JULY 15, 2019. UPON EXPIRATION, FINAL-FORM

REGULATIONS PROMULGATED UNDER SUBPARAGRAPH (VII)(B) SHALL

REMAIN IN EFFECT.

SECTION 2. SECTION 328 OF TITLE 34 IS AMENDED BY ADDING A

SUBSECTION TO READ:

§ 328. ACCOUNTABILITY.

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(F) FINANCIAL ANALYSIS.--PRIOR TO THE ESTABLISHMENT OF FEES

UNDER SECTION 322(C)(14) (RELATING TO POWERS AND DUTIES OF

COMMISSION), THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE SHALL

PREPARE A FINANCIAL ANALYSIS OF FEES, FINES, PENALTIES,

ROYALTIES, FEDERAL AND STATE APPROPRIATIONS AND OTHER SOURCES OF

REVENUE RECEIVED BY THE COMMISSION AND OF EXPENDITURES,

INCLUDING ANNUAL OPERATING COSTS, INVESTMENTS, LAND PURCHASES

AND CAPITAL PROJECTS. TO CARRY OUT THE FINANCIAL ANALYSIS UNDER

THIS SECTION:

(1) THE COMMISSION SHALL PROVIDE RECORDS, FINANCIAL

STATEMENTS AND OTHER DOCUMENTS REFLECTING THE REVENUE AND

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EXPENDITURES SUBJECT TO THE ANALYSIS.

(2) THE COMMISSION SHALL RESPOND TO INQUIRIES AND

REQUESTS FOR INFORMATION FROM THE COMMITTEE IN A TIMELY

MANNER.

(3) THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE SHALL

INCLUDE ITS MOST RECENT PERFORMANCE AUDIT UNDER SECTION

522(B) (RELATING TO APPROPRIATION AND AUDIT OF MONEYS).

(4) THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE SHALL

COMPLETE THE REPORT WITHIN 90 DAYS OF THE EFFECTIVE DATE OF

THIS SUBSECTION. THE REPORT SHALL BE SUBMITTED TO THE

PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE

HOUSE OF REPRESENTATIVES. THE REPORT SHALL BE PUBLIC

INFORMATION.

SECTION 3. SECTION 2709 HEADING AND (A) INTRODUCTORY

PARAGRAPH OF TITLE 34 ARE AMENDED, SUBSECTION (A) IS AMENDED BY

ADDING PARAGRAPHS AND THE SECTION IS AMENDED BY ADDING A

SUBSECTION TO READ:

§ 2709. LICENSE [COSTS AND] FEES.

(A) LICENSE [COSTS.--ANY] FEES.--SUBJECT TO SUBSECTIONS

(A.1) AND (C), 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] FEES:

(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 -

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$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).

(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.

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(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.]

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Section 3. This act shall take effect in 60 days.

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(23) HUNTING AND FURTAKING:

(I) SENIOR NONRESIDENT HUNTING - TO BE SET BY

COMMISSION.

(II) SENIOR NONRESIDENT FURTAKER - TO BE SET BY

COMMISSION.

(III) SENIOR NONRESIDENT COMBINATION HUNTING AND

FURTAKER - TO BE SET BY COMMISSION.

(24) U LTIMATE OUTDOORSMAN COMBINATION LICENSE, INCLUDING

BEAR, ARCHERY, MUZZLELOADER, FURTAKER, MIGRATORY GAME BIRD

AND SPECIAL WILD TURKEY:

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(I) RESIDENT - TO BE SET BY COMMISSION.

(II) NONRESIDENT - TO BE SET BY COMMISSION.

(A.1) FEE SETTING.--

(1) A FEE SET UNDER SUBSECTION (A)(23) OR (24) MUST BE

MADE UNDER SECTION 322(C)(14) (RELATING TO POWERS AND DUTIES

OF COMMISSION).

(2) A CHANGE IN A FEE UNDER SUBSECTION (A) MUST BE MADE

UNDER SECTION 322(C)(14).

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SECTION 4. SECTION 2712(B) OF TITLE 34 IS AMENDED TO READ:

§ 2712. VOUCHERS FOR LICENSES AND PERMITS.

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(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).

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SECTION 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:

(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT

IMMEDIATELY:

(I) THE ADDITION OF 34 PA.C.S. § 328(F).

(II) THIS SECTION.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 90

DAYS.

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