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![handle is hein.sag/sagpa0067 and id is 1 raw text is:
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL 1GTH FLOOR
STRAWBERRY SQUARE
JOSH SHAPIRO HARRISBURG, PA 17120 HARRISUURG, PA 17120
ATTORNEY GENERAL (717) 787-3391
January 28, 2019
Bradley C. Bechtel, Esq.
Chief Counsel
Pennsylvania Game Commission
2001 Enerton Avenue
Harrisburg, PA 17110
Dear Mr. Bechtel:
In accordance with Section 204(a) of the Commonwealth Attorneys Act, 71 P.S. §
732-204(a), which allows Commonwealth agencies to seek a binding opinion on a matter arising in
connection with the exercise of the official powers or duties of the agency, you requested a legal
opinion on behalf of the Pennsylvania Game Commission (PGC) concerning its authority to issue
hunting or furtaking licenses to customers that pay with a debit or credit card where such foris of
payment require a swipe fee. After careful review, we conclude the PGC's governing statute
provides it the discretion to authorize such payments.
Section 2726 of the Game and Wildlife Code (Code) makes it unlawful for an
Agent' to knowingly issue a hunting or furtaking license at a fee greater than the fee2 prescribed in
this title.... 34 Pa. C.S. § 2726(a)(1)(v). The Code specifies only two fees through which an
Agent may charge additional money. We address each in turn.
First, Section 2709(c) sets an Agent Fee of $1.00 for each license or replacement
license as full compensation for [the Agent's] services. 34 Pa. C.S. § 2709(c). The swipe fee at
issue is not compensation for the Agent's services; a third party processor receives this fee directly
from the customer as compensation for its payment services. The Agent receives no part of the
swipe fee and charges the same amount for the license without regard to the form of payment.
Rather, the swipe fee is an optional cost to the customer that may be paid in exchange for the
convenience of paying with a debit or credit card.
Second, Section 2709(d) authorizes a fee for transaction costs associated with the
Pennsylvania Automated License Service (PALS); the Code limits this fee to actual costs, not to
exceed $1.00. 34 Pa. C.S, § 2709(d). The Code does not define these transaction costs or
otherwise indicate whether a transaction cost includes a third party processor's swipe fee. Where
a governing statute is ambiguous, the law grants the Commonwealth agency's interpretation
controlling weight unless clearly erroneous. See Whitaker Borough v. Pennsylvania Labor
Relations Bd., 556 Pa. 559, 562, 729 A.2d 1109, 1110 (1999).
'Agents are defined to include County Treasurers and certain PGC employees. 34 Pa. C.S. § 2722(a).
2 This fee includes the applicable license fee set by 34 Pa. C.S. § 2709(a) and the agent fee and transactions costs
described in 34 Pa. C.S. §§ 2709(c)-(d).](ViewImageLocal?handle=hein.sag/sagpa0067&div=1&collection=&method=preview&ext=.png&size=3)