HOUSE AMENDED PRIOR PRINTER'S NOS. 690, 1808, 1914, PRINTER'S NO. 2536 2018, 2294
No. 647 Session of 1989
INTRODUCED BY HELFRICK, HESS, WENGER, STAPLETON, REGOLI, SALVATORE, SHAFFER, MADIGAN AND RHOADES, MARCH 6, 1989
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 1, 1990
AN ACT 1 Amending Title 34 (Game) of the Pennsylvania Consolidated 2 Statutes, providing for the use of a portion of the 3 antlerless deer fee,; FURTHER PROVIDING FOR THE CONSTRUCTION <-- 4 OF DETERRENT FENCING; INCREASING THE MONETARY CAP ON 5 DETERRENT FENCING; PROVIDING for licenses, AND for license <-- 6 and agent fees; and further providing for CONTROL AND <-- 7 UTILIZATION OF COMMISSION LAND AND RESOURCES AND FOR THE 8 authorized license-issuing agents. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Sections 521(b), 543, 546, 721 and 2705 of Title <-- 12 34 of the Pennsylvania Consolidated Statutes are amended to 13 read: 14 § 521. Establishment and use of Game Fund. 15 * * * 16 (b) Specific allocation of certain revenues.--The following 17 sums of money are specifically allocated for the following 18 purposes: 19 (1) A minimum of $1.25 from each resident license for
1 which the full fee has been paid shall be used solely for 2 habitat improvement and restoration conducive to increasing 3 natural propagation of game or wildlife on all lands under 4 the control or operation of the commission or on lands open 5 to public hunting. 6 (2) A minimum of $2.00 of the fee collected for the 7 issuance of antlerless deer licenses shall be used solely for 8 cutting or otherwise removing overshadowing tree growth to 9 produce underbrush, sprouts and saplings for deer food and 10 cover on [state game lands] lands under the control or 11 operation of the commission, including lands enrolled in 12 commission public-access programs. 13 § 543. PURCHASE OF MATERIALS AND CONSTRUCTION. <-- 14 [(A) GENERAL RULE.--THE COMMISSION MAY PURCHASE AND DELIVER 15 TO THE APPLICANT OR APPLICANTS THE REQUIRED AMOUNT OF WIRE 16 FENCING, STAPLES, INSULATORS, POSTS OR OTHER MATERIALS NECESSARY 17 TO CONSTRUCT A DEER, ELK OR BEAR DETERRENT FENCE APPROVED BY THE 18 COMMISSION PROVIDED THE APPLICANT OR APPLICANTS HAVE AGREED, IN 19 WRITING, TO CONSTRUCT THE FENCE WITHOUT COST TO THE COMMISSION 20 WITHIN SIX MONTHS FROM THE DAY THE FENCING AND OTHER MATERIALS 21 ARE DELIVERED, IN THE CASE OF A DEER OR ELK DETERRENT FENCE, OR 22 WITHIN SEVEN DAYS FROM THE DAY THE FENCING AND OTHER MATERIALS 23 ARE DELIVERED, IN THE CASE OF A BEAR DETERRENT FENCE. IN CASE 24 THE FENCE IS NOT COMPLETED WITHIN THE STIPULATED TIME, THE 25 COMMISSION MAY RECOVER THE MATERIALS IT FURNISHED AT SUCH TIME 26 AND IN SUCH MANNER AS DESIRED OR FOUND PRACTICAL. ALL FENCES 27 SHALL BE CONSTRUCTED IN ACCORDANCE WITH PLANS AND INSTRUCTIONS 28 SUPPLIED AND APPROVED BY THE COMMISSION. 29 (B) REIMBURSEMENT OF APPLICANT FOR MATERIALS.--THE 30 COMMISSION MAY, THROUGH PRIOR WRITTEN AGREEMENT WITH THE 19890S0647B2536 - 2 -
1 APPLICANT, PAY THE APPLICANT FOR ANY OR ALL MATERIALS NECESSARY 2 TO CONSTRUCT A DETERRENT FENCE WITHIN THE TIME LIMITATIONS SET 3 FORTH IN SUBSECTION (A).] 4 (A) PURCHASE AND DELIVERY OF MATERIALS.--THE COMMISSION MAY 5 PURCHASE AND DELIVER TO THE APPROPRIATE SITES THE REQUIRED 6 AMOUNT OF WIRE FENCING, STAPLES, INSULATORS, POSTS OR OTHER 7 MATERIAL NECESSARY TO CONSTRUCT A DEER, ELK OR BEAR DETERRENT 8 FENCE APPROVED BY THE COMMISSION. 9 (B) CONSTRUCTION OF DEER OR ELK DETERRENT FENCES.--THE <-- 10 COMMISSION MAY CONSTRUCT, OR MAY ENTER INTO CONTRACTS FOR THE 11 CONSTRUCTION OF, DEER OR ELK DETERRENT FENCES ON SITES APPROVED 12 BY THE COMMISSION. AFTER THE DETERRENT FENCE IS ERECTED AND 13 APPROVED BY THE COMMISSION, THE COMMISSION SHALL PAY THE COST OF 14 INSTALLATION WITH 50% OF THE COST TO BE REIMBURSED TO THE 15 COMMISSION BY THE LANDOWNER OR LESSEE. 16 (B) CONSTRUCTION OF DEER OR ELK DETERRENT FENCES.-- <-- 17 (1) THE COMMISSION MAY CONSTRUCT, OR MAY ENTER INTO 18 CONTRACTS FOR THE CONSTRUCTION OF, OR ENTER INTO A WRITTEN 19 AGREEMENT WITH THE APPLICANT FOR THE CONSTRUCTION OF, DEER OR 20 ELK DETERRENT FENCES ON SITES APPROVED BY THE COMMISSION. 21 (2) IN MAKING APPLICATION FOR A DETERRENT FENCE UNDER 22 THE PROVISIONS OF THIS SUBSECTION, THE APPLICANT SHALL AGREE 23 TO ONE OF THE FOLLOWING THREE FENCE CONSTRUCTION OPTIONS: 24 (I) THE COMMISSION MAY CONSTRUCT, OR MAY CONTRACT 25 FOR THE CONSTRUCTION OF THE DETERRENT FENCE. 26 (II) THE APPLICANT MAY, WITHIN SIX MONTHS OF 27 DELIVERY OF MATERIALS, CONSTRUCT THE DETERRENT FENCE. 28 (III) THE APPLICANT MAY CONTRACT WITH A THIRD PARTY 29 FOR THE CONSTRUCTION OF THE DETERRENT FENCE. 30 (3) AFTER ANY DETERRENT FENCE IS CONSTRUCTED AND 19890S0647B2536 - 3 -
1 APPROVED BY THE COMMISSION UNDER THE OPTION SPECIFIED IN 2 PARAGRAPH (2)(I), THE COMMISSION SHALL PAY FOR THE COST OF 3 INSTALLATION AND THE LANDOWNER OR LESSEE SHALL THEN REIMBURSE 4 THE COMMISSION FOR 50% OF THE COST OF INSTALLATION. 5 (C) CONSTRUCTION OF BEAR DETERRENT FENCES.--PRIOR TO 6 DELIVERY UNDER SUBSECTION (A), AN APPLICANT FOR A BEAR DETERRENT 7 FENCE SHALL HAVE AGREED, IN WRITING, WITH THE COMMISSION TO 8 CONSTRUCT THE BEAR DETERRENT FENCE WITHOUT COST TO THE 9 COMMISSION AND TO COMPLETE CONSTRUCTION OF THE BEAR DETERRENT 10 FENCE WITHIN SEVEN DAYS FROM THE DATE THE MATERIAL IS DELIVERED 11 TO THE SITE. IN CASE THE BEAR DETERRENT FENCE IS NOT COMPLETED 12 WITHIN THE STIPULATED TIME, THE COMMISSION MAY RECOVER THE 13 MATERIALS IT FURNISHED AT SUCH TIME AND IN SUCH MANNER AS 14 DESIRED OR FOUND PRACTICAL. 15 (D) SPECIFICATIONS.--ALL DETERRENT FENCES SHALL BE 16 CONSTRUCTED AND INSTALLED IN ACCORDANCE WITH PLANS AND 17 INSTRUCTIONS SUPPLIED AND APPROVED BY THE COMMISSION. 18 (E) REIMBURSEMENT OF APPLICANT FOR MATERIALS.--THE 19 COMMISSION MAY, THROUGH PRIOR WRITTEN AGREEMENT WITH THE 20 APPLICANT, PAY THE APPLICANT FOR ANY OR ALL MATERIALS NECESSARY 21 TO CONSTRUCT A DETERRENT FENCE WITHIN THE TIME LIMITATIONS SET 22 FORTH IN THIS SECTION. 23 § 546. LIMITATION ON EXPENDITURES FOR DETERRENT FENCING. 24 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), THE 25 DIRECTOR SHALL NOT SPEND IN EXCESS OF [$100,000] $300,000 26 ANNUALLY FROM THE GAME FUND FOR [THE PURCHASE OF FENCING AND <-- 27 OTHER MATERIALS NECESSARY FOR THE ERECTION OF] DEER, ELK OR BEAR <-- 28 DETERRENT FENCES IN ACCORDANCE WITH THE PROVISIONS OF THIS 29 SUBCHAPTER. 30 (B) COMMERCIAL FOREST LANDS.--THE DIRECTOR SHALL NOT SPEND 19890S0647B2536 - 4 -
1 IN EXCESS OF [$100,000] $300,000 ANNUALLY FROM THE GAME FUND FOR 2 [THE PURCHASE OF FENCING OR OTHER MATERIALS NECESSARY FOR THE <-- 3 ERECTION OF] DEER OR ELK DETERRENT FENCES ON COMMERCIAL FOREST <-- 4 LANDS TO PROMOTE AND PROTECT THE REGENERATION OF FOREST FLORA IN 5 ACCORDANCE WITH THE PROVISIONS OF THIS SUBCHAPTER. FOR PURPOSES 6 OF THIS SUBSECTION THE PHRASE "COMMERCIAL FOREST LANDS" SHALL 7 MEAN LAND WHICH IS OWNED OR LEASED BY AN INDIVIDUAL, CORPORATION 8 OR ASSOCIATION, OPERATED ON A PROFIT-MAKING BASIS AND MEETS ALL 9 OF THE FOLLOWING REQUIREMENTS: 10 (1) THE LAND SHALL CONSIST OF A MINIMUM OF 1,000 ACRES. 11 (2) THE LAND IS MANAGED FOR THE PRODUCTION OR 12 UTILIZATION OF FOREST PRODUCTS ON A SUSTAINED YIELD BASIS AS 13 DEFINED BY REGULATION OF THE COMMISSION. 14 (3) THE LAND IS OPEN TO PUBLIC HUNTING. 15 § 721. CONTROL OF PROPERTY. 16 (A) GENERAL RULE.--THE ADMINISTRATION OF ALL LANDS OR WATERS 17 OWNED, LEASED OR OTHERWISE CONTROLLED BY THE COMMISSION SHALL BE 18 UNDER THE SOLE CONTROL OF THE DIRECTOR, AND THE COMMISSION SHALL 19 PROMULGATE REGULATIONS CONSISTENT WITH THE PURPOSE OF THIS TITLE 20 FOR ITS USE AND PROTECTION AS NECESSARY TO PROPERLY MANAGE THESE 21 LANDS OR WATERS. THE ACQUISITION, USE AND MANAGEMENT OF SUCH 22 LANDS OR WATERS OWNED, LEASED OR OTHERWISE CONTROLLED BY THE 23 COMMISSION, INCLUDING TIMBER CUTTING AND CROP CULTIVATION, SHALL 24 NOT BE SUBJECT TO REGULATION BY COUNTIES OR MUNICIPALITIES. 25 (B) PENALTY.--A VIOLATION OF REGULATIONS PROMULGATED UNDER 26 SUBSECTION (A) IS A SUMMARY OFFENSE OF THE FIFTH DEGREE. 27 § 2705. Classes of licenses. 28 Unless otherwise provided, any person wishing to exercise any 29 of the privileges granted by this title shall first secure the 30 applicable resident or nonresident hunting or [furtaking] 19890S0647B2536 - 5 -
1 furtaker license as follows: 2 (1) Adult resident hunting licenses to residents who 3 have reached their 17th birthday but have not reached their 4 65th birthday. 5 (2) Junior resident hunting licenses to residents who 6 have reached their 12th birthday but who have not reached 7 their 17th birthday prior to the date of the application for 8 the license and who present a written request, bearing the 9 signature of a parent or guardian, for the issuance of a 10 license. 11 (3) Senior resident hunting licenses or, at the option 12 of the applicant, a senior lifetime resident hunting license 13 to residents who have reached their 65th birthday prior to 14 the date of the application for the license. The commission 15 shall develop, implement and administer a system to provide 16 tags, report cards and applications to those residents who 17 hold a senior lifetime resident hunting license issued under 18 this paragraph. The system shall require the applicant or 19 license holder to pay any approved fee assessed by the 20 issuing agent. 21 (4) Adult resident [furtaking] furtaker licenses to 22 residents who have reached their 17th birthday but have not 23 reached their 65th birthday. 24 (5) Junior resident [furtaking] furtaker licenses to 25 residents who have reached their 12th birthday but who have 26 not reached their 17th birthday prior to the date of the 27 application for the license and who present a written 28 request, containing the signature of a parent or guardian, 29 for the issuance of a license. 30 (6) Senior resident [furtaking] furtaker licenses or, at 19890S0647B2536 - 6 -
1 the option of the applicant, a senior lifetime resident 2 [furtaking] furtaker license to residents who have reached 3 their 65th birthday prior to the date of the application for 4 the license. 5 (7) [Three-day regulated hunting grounds licenses to 6 persons eligible to procure a hunting license. The license 7 shall be valid for a period of three consecutive days, 8 Sundays excluded, and shall entitle the licensee to hunt, 9 take or kill game or wildlife which may be legally hunted, 10 taken or killed upon the grounds under a regulated hunting 11 grounds permit.] (Reserved). 12 (8) Adult nonresident hunting licenses to all 13 nonresidents of 17 years of age or older. 14 (9) Junior nonresident hunting licenses to all 15 nonresidents who have reached their 12th birthday but who 16 have not reached their 17th birthday prior to the date of the 17 application for the license and who present a written 18 request, bearing the signature of a parent or guardian, for 19 the issuance of a license. 20 (10) Adult nonresident [furtaking] furtaker licenses to 21 nonresidents of 17 years of age or older. 22 (11) Junior nonresident [furtaking] furtaker licenses to 23 nonresidents who have reached their 12th birthday but who 24 have not reached their 17th birthday prior to the date of the 25 application for the license and who present a written 26 request, containing the signature of a parent or guardian, 27 for the issuance of a license. 28 (12) [Five-day] Seven-day nonresident small game license 29 to persons eligible to procure a nonresident hunting license. 30 The license shall be valid for a period of [five] seven 19890S0647B2536 - 7 -
1 consecutive days. The holder of the license shall be entitled 2 to hunt for, take or kill crows [or] and small game. 3 (13) Antlerless deer licenses, bear licenses, archery 4 licenses, [muzzle-loader] muzzleloader licenses and any other 5 license required to insure just and proper administration of 6 this title and sound game or wildlife conservation to 7 eligible persons, subject to the regulations, requirements 8 and conditions which the commission shall establish. Any such 9 license shall be made available to residents serving on 10 active duty in the armed forces of the United States or in 11 the United States Coast Guard without regard to quota 12 limitations or application deadlines. [The number of bear 13 licenses which shall be made available to nonresidents shall 14 not exceed 3% of the total number of bear licenses to be 15 issued by the commission.] 16 Section 2. Section 2706 of Title 34 is amended by adding a 17 subsection to read: 18 § 2706. Resident license and fee exemptions. 19 * * * 20 (d) Owners or possessors of land open to public hunting.--A 21 resident owner or possessor of land, comprising greater than 80 22 contiguous acres farmed under a conservation plan which does not 23 conflict with the act of June 22, 1937 (P.L.1987, No.394), known 24 as The Clean Streams Law, and which meets the requirements of 25 25 Pa. Code Ch. 102 (relating to erosion control), shall, if he 26 permits public hunting as evidenced by enrollment in a 27 Cooperative Public Access Program, be entitled to purchase a 28 Landowners Hunting License at the cost of $3 plus the current 29 issuing fee. The 80-acre requirement shall be exclusive of 30 safety zones in excess of 20% of the total acreage. The license 19890S0647B2536 - 8 -
1 shall be issued to the owner or possessor or an immediate family 2 member of either the owner or possessor living in the same 3 household so designated by the owner or possessor in the case of 4 a single owner or possessor, and to the individual so designated 5 in the case of more than one owner or possessor. No person shall 6 be issued a hunting license under this subsection unless the 7 person is 12 years of age or older, has met the requirements 8 prescribed in section 2704 (relating to eligibility for license) 9 and has not been denied the privilege to hunt. A person entitled 10 to receive a hunting license under this subsection shall certify 11 to the commission in the form and manner prescribed by the 12 commission that the land tract he owns or possesses is presently 13 in his ownership or possession. 14 Section 3. Sections 2709 and 2722 of Title 34 are amended to 15 read: 16 § 2709. License costs and fees. 17 (a) License costs.--Any person who qualifies under the 18 provisions of this chapter shall be issued the applicable 19 license upon payment of the following costs and the issuing 20 agent's fee: 21 (1) Junior resident hunting - $5. 22 (2) Adult resident hunting - $12. 23 (3) (i) Senior resident hunting - $10. 24 (ii) Senior lifetime resident hunting - $50. 25 (4) Bear hunting: 26 (i) Resident - $10. 27 (ii) Nonresident - $25. 28 (5) Antlerless deer, including resident military, 29 resident disabled veteran and landowner - $5. 30 (6) Archery deer - $5. 19890S0647B2536 - 9 -
1 (7) Muzzleloader deer - $5. 2 [(8) Three-day regulated shooting grounds - $3.] 3 (9) Adult nonresident hunting - $80. 4 (10) Junior nonresident hunting - $40. 5 (11) [Five-day] Seven-day nonresident small game - $15. 6 (12) Junior resident furtakers - $5. 7 (13) Adult resident furtakers - $12. 8 (14) (i) Senior resident furtakers - $10. 9 (ii) Senior lifetime resident [furtaking] furtaker - 10 $50. 11 (15) Adult nonresident [furtakers] furtaker - $80. 12 (16) Junior nonresident [furtaking] furtaker - $40. 13 (17) Resident disabled veteran hunting or [furtaking] 14 furtaker under section 2706(b) (relating to disabled 15 veterans) - no cost. 16 (18) Replacement license - $5. Antlerless deer and bear 17 licenses shall be replaced by the original issuing agent 18 only. 19 (19) Owners or possessors of land open to public hunting 20 under section 2706(d) (relating to owners or possessors of 21 land open to public hunting) - $3. 22 (b) Refunds.--Except as provided in section 501 (relating to 23 refund of moneys paid erroneously or unjustly), license fees are 24 not refundable. 25 (c) Agent fee.--Issuing agents shall be entitled to and may 26 retain as full compensation for their services an additional sum 27 [not exceeding the amount specified in paragraph (1) or (2)] of 28 75¢ for each license or replacement license [issued as full 29 compensation for their services. The amount retained shall be: 30 (1) Seventy-five cents for licenses and replacements 19890S0647B2536 - 10 -
1 issued under subsection (a)(1), (2), (3), (9), (10), (12), 2 (13), (14), (15), (16) and (18). 3 (2) Fifty cents for all other licenses. 4 The fee for the agent shall be in addition to the cost of the 5 license prescribed in subsection (a)]. 6 § 2722. Authorized license-issuing agents. 7 (a) County treasurer and commission employees.--Each county 8 treasurer [or person acting on behalf of the county treasurer 9 and any employee at each commission headquarters or other 10 commission facilities designated by the commission may], or, in 11 home rule or optional plan counties, the person whose duties 12 encompass those of a county treasurer, whose agency has not been 13 recalled under this title, shall accept applications and issue 14 licenses [unless otherwise restricted by this title or the 15 director] in accordance with this title. The director may also 16 designate commission employees at commission facilities to issue 17 licenses. 18 (b) Agents for issuing antlerless deer licenses.--Antlerless 19 deer licenses shall be issued by the county treasurer [or some 20 person acting on behalf of the county treasurer], or, in home 21 rule or optional plan counties, the person whose duties 22 encompass those of a county treasurer, within the county in 23 which the licenses are valid. 24 (c) Agent for issuing bear and nonresident furtaker 25 licenses.--Bear and nonresident furtaker licenses shall be 26 issued only by the commission or by authorized license-issuing 27 agents designated by the director. 28 (d) Appointment of additional agents.--The commission may 29 appoint such number of qualified persons, with similar 30 authority, as it deems necessary for the efficient distribution 19890S0647B2536 - 11 -
1 of licenses required by this title. 2 (e) Agent responsible for employees.--The authorized agent 3 shall be solely responsible for each person acting under his 4 direction. 5 (f) Recall of appointment or authority.--The director may 6 recall the appointment or authority of any county treasurer or 7 other agent at any time. 8 (g) Regulations.--The commission shall adopt regulations 9 for: 10 (1) The appointment of hunting or [furtaking] furtaker 11 license-issuing agents and shall establish the appropriate 12 administrative fee for creating and maintaining these issuing 13 agents. County treasurers shall be exempt from the payment of 14 any administrative fee established by the commission. 15 (2) The administration, control and performance of 16 activities conducted pursuant to the provisions of this 17 chapter. 18 Section 4. This act shall take effect as follows: 19 (1) Section SECTIONS 2 (relating to section 2706) AND 3 <-- 20 (RELATING TO SECTION 2709(C)) shall take effect July 1, 1991. 21 (2) The remainder of this act shall take effect July 1, 22 1990, OR IMMEDIATELY, WHICHEVER IS LATER. <-- A27L34CHF/19890S0647B2536 - 12 -