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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 10-600

PROPOSED RULEMAKING

[58 PA. CODE CH. 135]

Lands and Buildings

[40 Pa.B. 1755]
[Saturday, April 3, 2010]

 To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission) proposed the following rulemaking at its January 26, 2010, meeting:

 Amend § 135.1 (relating to scope) and add Subchapter M (relating to purchase of properties at auction and tax sales) to Chapter 135 to authorize the Executive Director to bid on real estate, oil, gas or mineral rights at auction or tax sales.

 The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

 The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

 The proposed rulemaking was made public at the January 26, 2010, meeting of the Commission. Comments can be sent to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, until April 14, 2010.

1. Purpose and Authority

 As authorized in 34 Pa.C.S. § 701(a) (relating to acquisition of property), the Commission may acquire property by purchase, gift, lease, eminent domain, or otherwise, including, but not limited to auction purchases. The Commission is further authorized to purchase tax delinquent lands, waters, oil, gas and minerals as provided by law, including, but not limited to, tax sales. Tax sales or auctions often are announced between regular Commission meetings and are to be held sooner than is practicable to organize and hold a special meeting or notational vote. The Commission is proposing to amend § 135.1 and add Subchapter M to Chapter 135 to authorize the Executive Director to bid on real estate, oil, gas or mineral rights at auction or tax sales.

 Section 322(c)(12) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''Take any necessary action to accomplish and assure the purposes of this title.'' Section 2102(a) of the code (relating to regulations) provides that ''The commission shall promulgate such regulations as it deems necessary and appropriate concerning game or wildlife and hunting or furtaking in this Commonwealth, including regulations relating to the protection, preservation and management of game or wildlife and game or wildlife habitat, permitting or prohibiting hunting or furtaking, the ways, manner, methods and means of hunting or furtaking, and the health and safety of persons who hunt or take wildlife or may be in the vicinity of persons who hunt or take game or wildlife in this Commonwealth.'' The amendment to § 135.1 and addition of Subchapter M to Chapter 135 were proposed under this authority.

2. Regulatory Requirements

 The proposed rulemaking will amend § 135.1 and add Subchapter M to Chapter 135 to authorize the Executive Director to bid on real estate, oil, gas or mineral rights at auction or tax sales.

3. Persons Affected

 Citizens of this Commonwealth may be affected by the proposed rulemaking.

4. Cost and Paperwork Requirements

 The proposed rulemaking should not result in any additional cost or paperwork.

5. Effective Date

 The proposed rulemaking will be effective upon final publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

6. Contact Person

 For further information regarding the proposed rulemaking, contact Richard R. Palmer, Director, Bureau of Wildlife Protection, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE, 
Executive Director

Fiscal Note: 48-304. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 135. LANDS AND BUILDINGS

Subchapter A. GENERAL PROVISIONS

§ 135.1. Scope.

 This chapter regulates and controls the use and administration of lands, waters and buildings under Commission, ownership, lease or jurisdiction.

 (Editor's Note: The following text is new and has been printed in regular print to enhance readability.)

Subchapter M. PURCHASE OF PROPERTIES AT AUCTION AND TAX SALES

Sec.

135.241.Delegation of authority.

§ 135.241. Delegation of authority.

 (a) The Commission will delegate authority to the Director to bid on real estate, oil, gas or mineral rights at auction or tax sale and to request down payment checks to bid on property at auction.

 (b) The exercise of this authority delegated to the Director is limited to the following:

 (1) The Director will notify the Board of Commissioners of the pending auction sale date and verify that due to unforeseen time constraints the Director deems there to be an immediate need to react to the sale in the best interest of the Commission and sportsmen.

 (2) The purchase price at auction may not exceed $500,000 without further additional approval from the majority of the Board of Commissioners.

 (3) Successful bids shall be made known to the general public at the next regularly scheduled meeting of the Board of Commissioners.

 (c) Further action will not be necessary on the part of the Board of Commissioners to hold settlement, pay the remainder of the purchase price or consummate the transaction.

[Pa.B. Doc. No. 10-600. Filed for public inspection April 2, 2010, 9:00 a.m.]



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