PRINTER'S NO. 2691
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2107
Session of
2024
INTRODUCED BY STEELE, PROBST, DELLOSO, GUENST, HILL-EVANS, KHAN,
WAXMAN, STAMBAUGH, DALEY, FRIEL AND SCOTT, MARCH 14, 2024
REFERRED TO COMMITTEE ON GAME AND FISHERIES, MARCH 14, 2024
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in protection of property and persons, providing
for mitigation of damage and for registry of responsible
hunters.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 25 of Title 34 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER C
MITIGATION OF DAMAGE
Sec.
2541. Definitions.
2542. Damage caused by deer or other game.
2543. Registry of responsible hunters.
ยง 2541. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Crops." As follows:
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(1) Plants, including, but not limited to, ornamental
and fruit trees, that are cultivated for sale, production,
processing or subsistence.
(2) The term does not include wild plants.
"Registry." The registry of responsible hunters developed
and implemented under section 2543(a) (relating to registry of
responsible hunters).
ยง 2542. Damage caused by deer or other game.
(a) Permissible actions.--If a deer or other game is causing
damage to crops, vegetables, livestock, poultry or beehives on
the private land owned, operated or leased by a farmer, the
farmer or an authorized agent of the farmer may, in accordance
with other State law:
(1) Kill and dress the deer or other game on the private
land.
(2) Contact the commission to report the killing and
dressing of the deer or other game because of the damage on
the private land.
(3) Transport the carcass of the deer or other game to a
licensed processor without waiting for an authorized agent of
the commission to remove the deer or other game.
(b) Purpose.--The actions of the farmer or authorized agent
of the farmer described under subsection (a)(1) and (3) shall be
taken for the purpose of protecting crops, vegetables,
livestock, poultry or beehives on the private land owned,
operated or leased by the farmer and not for the purpose of food
consumption by the household of the farmer or authorized agent
of the farmer or of any other related benefit to the farmer or
authorized agent of the farmer.
(c) Construction.--Nothing in this section shall be
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construed to:
(1) Limit the authority of the commission or provide an
exclusive remedy for the killing, dressing or removal of deer
or other game.
(2) Limit the actions normally taken by a licensed
processor.
ยง 2543. Registry of responsible hunters.
(a) Development, implementation and purpose.--Within two
years of the effective date of this subsection, the commission
shall develop and implement a registry of responsible hunters to
assist farmers with the killing and dressing of deer and other
game causing damage on the private land of farmers.
(b) Considerations.--In developing and implementing the
registry, the department shall address the following:
(1) How an individual who applies for a hunting license
may, at the time of application, opt to be listed on the
registry.
(2) How an individual with a hunting license may opt to
be listed on the registry.
(3) The qualifications for an individual to be listed on
the registry, which shall include:
(i) The consent of the individual to be listed on
the registry.
(ii) The possession by the individual of a current
hunting license of this Commonwealth.
(iii) The lack of a record of any hunting violation
within the past five years.
(4) How an individual listed on the registry may request
removal from the registry at any time.
(5) The reasons for removal of an individual from the
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registry, which shall include the following circumstances:
(i) The individual commits an offense under this
title.
(ii) The commission determines that the individual
has a record of a hunting violation within the past five
years.
(iii) The hunting license of the individual has
expired.
(6) How an individual with an expired hunting license
may reapply to be listed on the registry at the time of
application for a new hunting license or at any time after
receiving a new hunting license, as prescribed by the
commission.
(7) How to maintain the registry and update the registry
on a regular basis.
(8) How to provide access to information on the
registry, to facilitate the potential pairing of an
individual listed on the registry with a farmer or an
authorized agent of a farmer in need of the services of the
individual, which may include:
(i) Providing information, upon reasonable request,
directly to the farmer or authorized agent of the farmer.
(ii) Providing information on the registry by
electronic means through password-protected access, as
prescribed by the commission.
(9) Privacy concerns regarding the sharing of
information regarding individuals listed on the registry or
seeking information from the registry.
(10) The contact between a farmer or authorized agent of
a farmer and an individual listed on the registry to achieve
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the purposes described under section 2542 (relating to damage
caused by deer or other game), which shall include any
specific restrictions given by the farmer or authorized agent
of the farmer, including the days, times and locations that
the actions may be taken on the private land of the farmer.
(11) The termination of an agreement between a farmer or
authorized agent of a farmer and the individual listed on the
registry, at any time, by the farmer or authorized agent of
the farmer.
(12) Notice that a contractual obligation is not
automatically created merely because an individual is listed
on the registry or contacted as a result of being listed on
the registry.
(13) Notice that, if an agreement between a farmer or
authorized agent of a farmer and the individual listed on the
registry is reached, the individual becomes an authorized
agent of the farmer for the purposes of section 2542.
Section 2. This act shall take effect in 60 days.
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