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PRINTER'S NO. 615
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
552
Session of
2019
INTRODUCED BY STEFANO, K. WARD, BREWSTER, COSTA AND SCAVELLO,
APRIL 16, 2019
REFERRED TO GAME AND FISHERIES, APRIL 16, 2019
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.
* * *
(c) Specific powers and duties.--In order to administrate
and enforce this title, the commission through proper action
shall:
* * *
(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
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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
report a concurrent resolution recommending disapproval
of the fee change within 30 days of the submission under
subparagraph (iii) or within 10 legislative days of the
submission, whichever is later . 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 or within 10
legislative days of the report, whichever is later , the
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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 or
within 10 legislative days, whichever is later , 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.
(C) If the Governor vetoes the concurrent
resolution within 10 days after it is presented, the
General Assembly may, within 30 days of the veto or
within 10 legislative days of the veto, whichever is
later , 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 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
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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.
Except for subparagraph (vii)(B), this paragraph shall expire
July 15, 2020.
Section 2. Section 328 of Title 34 is amended by adding a
subsection to read:
§ 328. Accountability.
* * *
(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
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
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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:
* * *
(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:
(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).
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(2) A change in a fee under subsection (a) must be made
under section 322(c)(14).
* * *
Section 4. Section 2712(b) of Title 34 is amended to read:
§ 2712. Vouchers for licenses and permits.
* * *
(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).
* * *
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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