OFFICIAL OPINION No. 7

OFFICIAL OPINION No. 7 Game Commission- Appointment of agents 1. The Game Commission has authority to appoint out-of-state agents for the issuance of non-resident hunting licenses. 2. The out-of-state agents, prior to appointment, must furnish a bond pur- suant to statute and other safeguards and be authorized to engage in this type of business under laws of their respective states. Honorable Glenn L. Bowers Executive Director Pennsylvania Game Commission Harrisburg, Pennsylvania Dear Mr. Bowers: Harrisburg, Pa. January 16, 1973 We have received an inquiry from you seeking our advice con- cerning the authority of the Commission to appoint out-of-state agents for the issuance of non-resident hunting licenses. Your inquiry dated December 29, 1972, refers specifically to a request by a large hunting equipment dealer in New Jersey that is in- terested in becoming an agent for the Commonwealth of Penn- sylvania to issue non-resident licenses. You have indicated that it would be desirable to appoint a limited number of issuing agents in those states bordering the Commonwealth. It would also be a service to these non-residents, would be convenient for them and provide them with accurate information on Pennsyl- vania hunting regulations. It is our opinion, and you are advised, that the Commission has authority to appoint out-of-state agents for the issuance of non-resident hunting licenses, providing those agents furnish a OPINIONS OF THE ATTORNEY GENERAL 15 bond as required by statute and that they have authority to con- duct a business in their respective states. !he Game Law by necessary implication authorizes the ap- pomtment of such out-of-state agents. Section 305 ( 34 P.S. § 1311.305) provides, in part, as follows: "The issuance of all hunting licenses shall be under the direct supervision of the commission, which shall desig- nate the several county treasurers and such other issu- ing agents throughout the Commonwealth or otherwise as it may find essential to control the lawful issuances thereof." (Emphasis added.) The provision for the appointment of agents in the Common- wealth "or otherwise" is totally useless and redundant if it does not provide the authority for the appointment of agents outside of the state where the commission finds that to be essential. The Commonwealth does have agents working for it outside of the state, for example, it operates offices in Washington, D.C. It is true that the Commonwealth has no extraterritorial authority and that its authority is limited soley to the Common- wealth. However, the Commonwealth is not attempting to reg- ulate activities or individuals within out-of-state jurisdictions. It is merely providing service for individuals who will be coming into the State. A " .... state may permit acts to be done outside its borders when the legal consequences of such acts are to take place within the state." ( 81 C.J.S. States §3, p. 861). As indicated above, non-resident agents would be required to give a bond to the Commonwealth in such sum as shall be fixed by the commission, but not less than three thousand dollars ($3,000), prior to receipt of the annual supply of licenses. (34 P.S. §1311.311). Care should be taken relative to the bond re- quirement so that each bond shall be signed by the principal obligor and by an attorney in fact or resident agent located with- in the Commonwealth of Pennsylvania and expressly approved by the Insurance Department of the Commonwealth to partici- pate in the issuance of surety bonds effective in Pennsylvania. Also, such out-of-state issuing agents should submit satisfactory proof that they are authorized to conduct this type of business under the laws of their respective states prior to their appoint- ment. Very truly yours, EDWARD J. MORRIS Deputy Attorney General ISRAEL PACKEL Attorney General 16 OPINNIONS OF THE ATTORNEY GENERAL