S1087B1379A03664 MAB:JMT 03/19/24 #90 A03664
AMENDMENTS TO SENATE BILL NO. 1087
Sponsor: SENATOR ROTHMAN
Printer's No. 1379
Amend Bill, page 1, line 2, by inserting after "Statutes,"
in Pennsylvania Game Commission, further providing for
organization of commission; in game or wildlife protection,
further providing for report to commission officer and for
surrender of carcass to commission officer;
Amend Bill, page 1, line 3, by inserting after "hunting"
; and, in special licenses and permits, providing for
agriculture access permit list
Amend Bill, page 1, lines 6 and 7, by striking out all of
said lines and inserting
Section 1. Section 301(a) and (b) introductory paragraph of
Title 34 of the Pennsylvania Consolidated Statutes are amended
and the section is amended by adding a subsection to read:
§ 301. Organization of commission.
(a) Composition.--The independent administrative commission
known as the Pennsylvania Game Commission shall consist of
[nine] 10 competent citizens of this Commonwealth who shall be
well informed on the subject of wildlife conservation and
restoration and who shall be appointed by the Governor, by and
with the advice and consent of a majority of the elected members
of the Senate.
(b) Qualifications.--[The] One member of the commission
shall be known as the Agricultural Commissioner At Large. The
Agricultural Commissioner At Large shall represent the interest
of agricultural commodities that pertain to normal agricultural
operations and wildlife. The remaining members of the commission
shall be appointed from the various geographical sections of
this Commonwealth so that one and only one shall be a resident
of each of the following districts:
* * *
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Agricultural Commissioner At Large." An individual who
raises an agricultural commodity and who owns or leases a normal
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agricultural operation.
"Agricultural commodity." As defined in section 2 of the act
of June 10, 1982 (P.L.454, No.133), entitled "An act protecting
agricultural operations from nuisance suits and ordinances under
certain circumstances."
"Normal agricultural operation." As defined in section 2 of
the act of June 10, 1982 (P.L.454, No.133), entitled "An act
protecting agricultural operations from nuisance suits and
ordinances under certain circumstances."
Section 2. Sections 2122, 2125 and 2314(a), (b) and (c) of
Title 34 are amended to read:
§ 2122. Report to commission officer.
Any person who kills any game or wildlife, other than
raccoons, under the provisions of this subchapter shall, within
24 hours, report, orally or in writing, the killing to an
officer of the commission. The report shall set forth the date,
time and place of the killing, the number of species killed
[and], the sex of the species[.] and the location of each
carcass. The commission shall establish a self-reporting system
that allows a person assigned to remove deer for crop damage
purposes to report each harvest to an officer of the commission
via a toll-free telephone number, online application or publicly
accessible Internet website.
§ 2125. Surrender of carcass [to commission officer].
Except as otherwise provided in this subchapter, the entire
carcass, including the head and hide[,] of all big game animals
and the entire carcass of any other game or wildlife, other than
raccoons, less entrails, shall be made available, unless
otherwise directed by an officer of the commission, intact[,
less entrails,] to any commission officer calling for them[.] or
delivered to a processor for final disposition. As used in this
section, the term "processor" means a location specified by the
commission that is willing to accept donations of animals taken
under this chapter.
Amend Bill, page 3, by inserting between lines 11 and 12
Section 3. Title 34 is amended by adding a section to read:
§ 2931. Agriculture access permit list.
(a) Permit list.--The commission shall create the
agriculture access permit list to connect licensed hunters with
private agricultural landowners for the purpose of crop damage
mediation.
(b) Applications.--An individual may submit an application
for placement on the list and a permit under this section in a
form and manner determined by the commission. The commission
shall provide an applicant with the option of applying for
placement on the list and a permit under this section when the
applicant is purchasing the applicant's hunting license. The
following shall apply:
(1) By selecting the option specified under this
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subsection, the applicant shall give the commission the right
to share the information authorized under subsection (d) upon
approval of the application.
(2) The applicant may reapply for placement on the list
and a permit under this section based on the criteria under
subsection (c).
(c) Criteria.--In order to be eligible for placement on the
list and a permit under this section, an applicant shall meet
all of the following criteria at the time of submission of the
application under subsection (b):
(1) Has not committed an offense under this title in the
prior seven years.
(2) Be 18 years of age or older.
(3) Furnish proof of a valid hunting license and tags
for the game or wildlife that the applicant will be hunting
on the eligible hunting grounds.
(d) Retention of records.--The commission shall retain all
of the following:
(1) The name of each applicant and corresponding records
containing each applicant's name, telephone number and
municipality.
(2) Each application approved under subsection (e).
(3) Each application disapproved under subsection (e)
and reasons for the disapproval. Notwithstanding the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know
Law, or any other provision of law, the commission may not
publicly disclose the reasons for the disapproval of an
application.
(e) Notice.--The commission shall, via telephone, first
class mail or email, notify an applicant who has been approved
or disapproved for placement on the list and a permit under this
section.
(f) Duration.--The commission shall issue a permit under
this section in accordance with the duration of the license
period under section 2707 (relating to license periods). Upon
the expiration of the license period, the commission shall
remove each permittee from the list.
(g) Landowners.--A private agricultural landowner may
request the list from the commission, including each permittee's
name, telephone number, municipality and county preference.
(h) Guidelines.--A permittee shall adhere to guidelines
specified by a private agricultural landowner when conducting
hunting activities on the landowner's property if the guidelines
are in accordance with the commission's regulations, including
all of the following:
(1) Specific days access is allowed to the property.
(2) Specific game species or sex of game species that
are available for harvest.
(i) Boundaries.--The boundaries of the premises covered by a
permit under this section as eligible hunting grounds shall be
grounds which are owned by a private agricultural landowner who
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entered into an agreement with a permittee to conduct hunting
activities on the landowner's land.
(j) Termination of access.--A private agricultural landowner
may terminate an agreement specified under subsection (i) for
any reason at any time if the landowner provides 24 hours'
notice of the termination to a permittee. Upon the private
agricultural landowner providing notice under this subsection,
the permittee shall cease hunting activities on the landowner's
land.
(k) Removal from list.--A permittee shall relinquish the
permittee's placement on the list and permit under this section
if the permittee:
(1) commits an offense under this title;
(2) fails to comply with guidelines under subsection
(h); or
(3) submits a request to the commission to be removed
from the list.
(l) Limitations.--The commission shall limit the list for
the purposes specified under this section, including connecting
licensed hunters with private agricultural landowners. The
commission may not share the list in a manner not specified
under this section.
(m) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Applicant." An individual who submits an application under
subsection (b) for placement on the list and a permit under this
section.
"Eligible hunting grounds." Hunting grounds that are located
on any of the following:
(1) Privately owned land.
(2) Land and water combined where the ground is wholly,
or in part, regularly and continuously engaged in cultivating
the soil for general farm crop purposes, commercial truck
growing, commercial orchards or commercial nurseries.
"List." The agriculture access permit list created under
subsection (a).
"Permittee." An individual who has been placed on the list
and holds a permit under this section.
Amend Bill, page 3, line 12, by striking out "2" and
inserting
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