Pennsylvania Act 2006-77 — AGRICULTURE CODE (3 PA.C.S.) AND GAME AND WILDLIFE CODE (34 PA.C.S.) - LICENSES AND FEES RELATING TO TAXIDERMISTS

Act text

AGRICULTURE CODE (3 PA.C.S.) AND GAME AND WILDLIFE CODE (34 PA.C.S.) -
                LICENSES AND FEES RELATING TO TAXIDERMISTS
                  Act of Jul. 7, 2006, P.L. 358, No. 77               Cl. 03
                             Session of 2006
                               No. 2006-77

     HB 1528

                                  AN ACT

     Amending Titles 3 (Agriculture) and 34 (Game) of the
        Pennsylvania Consolidated Statutes, providing for
        taxidermists; and further providing for licenses and fees
        relating to taxidermists.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 3 of the Pennsylvania Consolidated Statutes
     is amended by adding a chapter to read:
                                CHAPTER 27
                               TAXIDERMISTS
     Sec.
     2701.  Definitions.
     2702.  Registration.
     2703.  Unlawful acts.
     2704.  Preemption.
     2705.  Duties.
     2706.  Recordkeeping.
     2707.  Reporting.
      § 2701.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Specimen."  Any of the following which are protected under
     this title, 30 Pa.C.S. (relating to fish) or 34 Pa.C.S.
     (relating to game):
            (1)  A bird or a part of a bird.
            (2)  An animal or a part of an animal.
            (3)  A fish or a part of a fish.
            (4)  A reptile or a part of a reptile.
      § 2702.  Registration.
        Any person who holds himself out to the public as a
     taxidermist or mounts any specimen shall register with the
     department on a form prescribed by the department. The
     registration shall include at a minimum the person's name, the
     business name, the address and telephone number and the person's
     or business tax identification number. For purposes of this
     section, the tax identification number may include any of the
     following:
            (1)  Federal employer identification number.
            (2)  Unemployment compensation account number.
            (3)  Social Security number.
            (4)  State personal income tax identification number.
            (5)  State sales tax number.
            (6)  Corporation tax number.
            (7)  State employer withholding number.
            (8)  Any other identification number acceptable to the
        department.
      § 2703.  Unlawful acts.
        A person commits a summary offense of the second degree and
     shall be subject to the penalty imposed under 34 Pa.C.S. §
     925(b)(5) (relating to jurisdiction and penalties) if the person
     does any of the following:
            (1)  If the person is a taxidermist, mounts any specimen
        which was not lawfully killed or raised under authority of a
        propagating permit unless the owner of the specimen presents
        the taxidermist with a permit obtained from the Pennsylvania
        Game Commission or the Pennsylvania Fish Commission and, in
        the case of migratory birds, the required Federal permit.
            (2)  Mounts any specimen unless the owner of the specimen
        presents the person with a copy of a permit issued by the
        Pennsylvania Game Commission or the Pennsylvania Fish
        Commission. A taxidermist may accept a specimen for
        safekeeping and, after notifying the nearest Pennsylvania
        Game Commission or Pennsylvania Fish Commission officer, hold
        it until the owner obtains the necessary permit or for a
        period not to exceed 60 days.
            (3)  Violates the provisions of this chapter.
      § 2704.  Preemption.
        Nothing in this chapter shall preempt the requirements of any
     other Federal or State law.
      § 2705.  Duties.
        The department shall:
            (1)  Upon request, provide the Department of Revenue and
        the Department of Labor and Industry with information about
        registered taxidermists.
            (2)  Charge taxidermy registrants an annual fee of $100
        to cover the costs of administering the registration system.
      § 2706.  Recordkeeping.
        A person registered under this chapter shall maintain an
     accurate record of all specimens that they mount. The record
     shall include the type of specimen mounted and the location
     where the specimen was harvested. The registrant shall make
     these records available to the department for inspection upon
     request by the Bureau of Animal Health and Diagnostic Services.
      § 2707.  Reporting.
        A person registered under this chapter shall report an
     unmarked Convention on International Trade in Endangered Species
     or threatened or endangered special specimen to the proper
     authority within 72 hours of receiving notice of the specimen.
        Section 2.  Sections 2904(a), 2926 and 2927(c)(2) of Title 34
     are amended to read:
      § 2904.  Permit fees.
        (a)  Annual fees.--The annual fee for permits provided for in
     this chapter shall be as follows:
            (1)  Bird banding - $25.
            (2)  Collecting - $25.
            (3)  (Deleted by amendment).
            (3.1)  Temporary permit for disabled person - $5 for the
        license year.
            (4)  Dog training area - $50.
            (5)  Dog trials (three consecutive days):
                (i)  Field trials - $25 per day.
                (ii)  Raccoon trials - $25 per day.
                (iii)  Retriever trials - $25.
            (6)  Endangered or threatened species:
                (i)  Native - $300.
                (ii)  Non-native - free with necessary Federal
            permit.
            (7)  Falconry - $25 for each raptor held.
            (8)  Fox chasing - $150.
            (9)  Fur dealers:
                (i)  Resident - $100.
                (ii)  Nonresident - $300.
            (10)  Regulated hunting grounds:
                (i)  Commercial - $100 for first 100 acres and $25
            for each additional 100 acres, or part thereof.
                (ii)  Noncommercial - $38 for first 100 acres and $8
            for each additional 100 acres, or part thereof.
            (11)  Retriever training area - $50.
            [(12)  Taxidermy - $100.]
            (13)  Wildlife (exotic) dealer - $200.
            (14)  Wildlife menagerie - $100.
            (15)  Wildlife (exotic) possession - $50 per animal.
            (16)  Wildlife propagation - $25 for one species and $10
        for each additional species.
            (17)  Commercial wildlife pest control - $50.
        * * *
      [§ 2926.  Taxidermy permits.
        (a)  Requirements.--Unless further provided by commission
     regulation, any person now holding a taxidermy permit shall be
     eligible for a renewal. The commission shall set up a system of
     examinations to determine the fitness of all future applicants
     for the permits, including the establishment of appropriate fees
     covering the cost of such examination. Nothing contained in this
     section shall preclude the requirements of any other State or
     Federal law.
        (b)  Activities authorized.--Permits issued to persons
     residing within this Commonwealth desiring to practice taxidermy
     shall authorize the holder thereof to:
            (1)  Unless otherwise restricted, receive from any person
        any bird or animal that has been legally or accidentally
        killed, keep the specimen or any part thereof in possession
        indefinitely and mount the specimen or any part thereof,
        either himself or through any legitimate employee.
            (2)  Sell or dispose of any unclaimed specimen.
            (3)  Mount and sell any bird or animal which is lawfully
        disposed of under authority of this title and the state or
        nation where killed or taken.
        (b.1)  Specific areas.--
            (1)  A taxidermist may be licensed to obtain a permit for
        one or more of the following areas:
                (i)  big and small game animals, excluding wild
            turkey;
                (ii)  fish; and
                (iii)  game birds, including wild turkey.
            (2)  An individual, as part of the taxidermy examination,
        must present five specimens from each group for which he is
        seeking a permit.
            (3)  For purposes of this subsection only, the term "big
        game" in section 102 (relating to definitions) shall not
        include the wild turkey.
        (c)  Unlawful acts.--It is unlawful:
            (1)  For any taxidermist to mount any bird or animal, or
        part thereof, protected by this title, which was not lawfully
        killed or raised under authority of a propagating permit
        until the owner thereof presents a permit obtained from the
        commission and, in the case of migratory birds, the required
        Federal permit.
            (2)  For any person to do taxidermy work for another
        without a permit. Employees of a licensed taxidermist may
        perform taxidermy work without a permit at the permittee's
        shop under the supervision of the permittee who shall be
        solely responsible for the quality of the work.
            (3)  To violate any other provision of this section.
        (d)  Penalty.--A violation of this section is a summary
     offense of the second degree.]
      § 2927.  Protected specimen mounting permits.
        * * *
        (c)  Unlawful acts.--It is unlawful:
            * * *
            [(2)  For a taxidermist or any other person to mount any
        protected specimens unless the owner of the specimen has
        presented him with a copy of a permit issued by the
        commission. A licensed taxidermist may accept a protected
        specimen for safekeeping and, after notifying the nearest
        commission officer, hold it until the owner obtains the
        necessary permit or for a period not exceeding 60 days.]
        * * *
        Section 3.  This act shall take effect in 90 days.

     APPROVED--The 7th day of July, A. D. 2006.

     EDWARD G. RENDELL