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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 765, 3594                PRINTER'S NO. 4057

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 659 Session of 2003


        INTRODUCED BY STABACK, GOODMAN, SOLOBAY, BELARDI, BELFANTI,
           CAPPELLI, COY, DeLUCA, FAIRCHILD, GEIST, GODSHALL, GRUCELA,
           HALUSKA, HANNA, HARHAI, HENNESSEY, JAMES, LAUGHLIN,
           LEVDANSKY, McGEEHAN, S. MILLER, MUNDY, PALLONE, PHILLIPS,
           READSHAW, ROBERTS, SHANER, STERN, R. STEVENSON, T. STEVENSON,
           SURRA, TIGUE, WALKO, WANSACZ, WASHINGTON, WILT, YOUNGBLOOD
           AND GERGELY, MARCH 4, 2003

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 14, 2004

                                     AN ACT

     1  Amending Title 34 (Game) of the Pennsylvania Consolidated
     2     Statutes, further providing for lawful cooperation or
     3     assistance by unlicensed persons.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Sections 2301(b) and 2701 of Title 34 of the
     7  Pennsylvania Consolidated Statutes are amended to read:
     8  § 2301.  Prima facie evidence of hunting.
     9     * * *
    10     (b)  Lawful cooperation or assistance.--Notwithstanding any
    11  other provision of this title to the contrary, any person who
    12  has lawfully taken the bag or season limit for a particular
    13  species of game or wildlife or any person who meets the
    14  requirements of section 2701(c) (relating to license
    15  requirements) may aid, assist, abet or cooperate in any manner


     1  specified by this title or commission regulations with another
     2  person who is engaged in any lawful activity permitted by this
     3  title or the regulations of the commission.
     4  § 2701.  License requirements.
     5     (a)  General rule.--Except in defense of person or property
     6  or pursuant to exemptions authorized in this title, every
     7  person, prior to engaging in any of the privileges granted by
     8  this title, shall first obtain the applicable license subject to
     9  any conditions or other requirements imposed by this title.
    10     (b)  Only one license valid.--Only one full-term or distinct
    11  hunting license and furtaking license shall be valid during any
    12  full-term license year. The issuance of any replacement license
    13  or the purchase of a second or subsequent license of any class
    14  shall immediately and automatically invalidate any license of
    15  the same kind which had been previously issued.
    16     (c)  Exception.--Any person who has never held a hunting
    17  license in Pennsylvania or any other state may participate in
    18  the hunting and trapping activities authorized under this title
    19  or commission regulations without compliance with subsection (a)
    20  or section 2704 (relating to eligibility for license) if that
    21  person satisfies all of the following requirements:
    22         (1)  The person who participates in the hunting and OR     <--
    23     trapping activities must always be in sight of and close
    24     enough to a licensed hunter who is at least 18 years of age
    25     to clearly hear and understand instructions communicated to
    26     them THE PERSON through normal conversation without the aid    <--
    27     of any device. The licensed hunter shall have a valid hunting
    28     license for the game or wildlife they are hunting or qualify
    29     for license and fee exemptions under section 2706 (relating
    30     to resident license and fee exemptions).
    20030H0659B4057                  - 2 -     

     1         (2)  The unlicensed person may not possess, convey or use
     2     any firearm, bow or any other device that may be used to
     3     harvest game or furbearers.
     4         (3)  The unlicensed person must be in compliance with
     5     section 2524 (relating to protective material required) and
     6     with any regulations promulgated by the commission related to
     7     protective material.
     8         (4)  The unlicensed person who participates in any
     9     hunting party shall be listed on the hunting roster when       <--
    10     required ANY REQUIRED HUNTING ROSTER and shall count as a      <--
    11     member of the hunting party for purposes of regulations        <--
    12     promulgated pursuant to section 2324 (relating to roster of
    13     parties hunting big game) and commission regulations relating
    14     to big game animal hunting roster and PARTIES HUNTING small    <--
    15     game.
    16         (5)  For the purposes of this section, at no time shall a
    17     licensed hunter accompany more than one unlicensed person.
    18     Section 2.  This act shall take effect immediately.








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