PRINTER'S NO. 1724
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1508
Session of
2023
INTRODUCED BY MALONEY, COOK, ECKER, HAMM, KULIK, LABS, PICKETT,
SMITH AND STENDER, JUNE 26, 2023
REFERRED TO COMMITTEE ON GAME AND FISHERIES, JUNE 26, 2023
AN ACT
Amending Titles 30 (Fish) and 34 (Game) of the Pennsylvania
Consolidated Statutes, in Pennsylvania Fish and Boat
Commission, further providing for organization of commission;
and, in Pennsylvania Game Commission, further providing for
organization of commission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 301(a) and (d) of Title 30 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
§ 301. Organization of commission.
(a) Composition.--
(1) The Pennsylvania Fish and Boat Commission is
continued as an independent administrative commission and
shall consist of ten competent citizens of this Commonwealth
who shall be appointed by the Governor [by and with the
advice and consent of a majority of the members elected to
the Senate.] for each district as provided under paragraph
(2) .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
(2) Members of the commission shall meet the
qualifications under subsection (b) and shall be selected for
appointment under paragraph (1) as follows:
(i) The two at-large members shall be appointed by
the Governor.
(ii) Except as provided under subparagraph (i), the
members shall be selected for appointment as follows:
(A) For each member position that is or will be
open in a district, each sportsmen's group may
nominate one individual for commission membership
within 30 days of the provision of notification under
paragraph (3)(i).
(B) For each member position that is or will be
open in a district, each sportsman may, within 30
days of the provision of notification under paragraph
(3)(iii), cast a vote for one individual for the
district from the individuals under clause (A). Each
sportsman may vote for one candidate only for each
member position that is or will be open in the
district.
(C) The following shall apply:
(I) The names of the candidates receiving
the three highest vote totals under clause (B)
from each district shall be submitted by the
council to the Governor for a member seat that is
or will be open.
(II) Except a s provided under subclause
(III), the Governor shall, within 30 days of the
receipt of candidate names under subclause (I),
appoint one member from the individuals receiving
20230HB1508PN1724 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the three highest vote totals for each district
that has a member seat that is or will be open.
(III) The Governor may, for cause, refuse to
appoint a member from the individuals receiving
the three highest vote totals under clause (B).
If the Governor refuses to appoint a member as
provided under this subclause, the Governor
shall, within 30 days of receipt of candidate
names under subclause (I) , notify the council
that he or she refuses to appoint a member and
the reason for the refusal. The council shall,
within 1 0 days of the receipt of the Governor's
notice, submit to the Governor the names of the
individuals receiving the fourth, fifth and sixth
highest vote totals under clause (B) . The
Governor shall, within 14 days of the receipt of
the names under this subclause, appoint one
member from the individuals receiving the fourth,
fifth and sixth highest vote totals.
(D) If an individual is not nominated or does
not win a majority of the votes under this
subparagraph, the member for the district shall be
appointed by the Governor.
(3) The council shall:
(i) Provide notification to e ach sportsmen's group
in each district that the sportsmen's group may nominate
one individual for commission membership for the district
and the procedure for making nominations. Notification
shall be provided as follows:
(A) At least 90 days prior to the end of the
20230HB1508PN1724 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
term of a member for the district.
(B) Within 10 days of the death, resignation or
removal from office of a member for the district.
(ii) Establish a procedure to provide for and
collect the nominations under paragraph (2)(ii)(A) and
compile the results of the nominations.
(iii) Provide notification of the results under
subparagraph (ii) to the sportsmen. Notification shall be
provided within 10 days of compilation of results under
subparagraph (ii).
(iv) Establish a procedure to provide for and
collect the votes under paragraph (2)(ii)(B) and compile
the results of the votes.
* * *
(d) Vacancies.--Upon the death, resignation or removal from
office of any member, [the Governor shall appoint a competent
person] a competent person shall be selected for appointment as
provided under subsection (a)(2) to serve for the unexpired
term.
* * *
(g) 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:
"Council." The Governor's Advisory Council for Hunting,
Fishing and Conservation.
"Newspaper of general circulation." A newspaper, as defined
in 45 Pa.C.S. § 101 (relating to definitions), which is
published and circulated in the district where the nominations
and voting will be held.
"Notification." Publication in a newspaper of general
20230HB1508PN1724 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
circulation and posting on the council's publicly accessible
Internet website.
"Sportsman." A resident angler or boater who has been
licensed in this Commonwealth for each of the past two
consecutive years and who resides in the district in which
voting under subsection (a)(2)(ii)(B) is being conducted.
"Sportsmen's group." A not-for-profit membership group or
organization which is located in the district in which
nominations under subsection (a)(2)(ii)(A) are being conducted
and whose purpose or mission is to do all of the following:
(1) Protect and promote this Commonwealth's outdoor
heritage and history.
(2) Provide opportunity for and participate in fishing,
boating and the conservation of aquatic species and habitat.
Section 2. Section 301(a) and (d) of Title 34, amended
January 26, 2022 (P.L.14 No.3), are amended and the section is
amended by adding a subsection to read:
§ 301. Organization of commission.
(a) Composition.--
(1) The independent administrative commission known as
the Pennsylvania Game Commission shall consist of nine
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.] for each district as provided under
paragraph (2) .
(2) Members of the commission shall meet the
qualifications under subsection (b) and shall be selected for
appointment under paragraph (1) as follows:
20230HB1508PN1724 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(i) For each member position that is or will be open
in a district, each sportsmen's group may nominate one
individual for commission membership within 30 days of
the provision of notification under paragraph (3)(i).
(ii) For each member position that is or will be
open in a district, each sportsman may, within 30 days of
the provision of notification under paragraph (3)(iii),
cast a vote for one individual for the district from the
individuals nominated under subparagraph (i). Each
sportsman may vote for one candidate only for each member
position that is or will be open in the district.
(iii) The following shall apply:
(A) The names of the candidates receiving the
three highest vote totals under subparagraph (ii)
from each district shall be submitted by the council
to the Governor for a member seat that is or will be
open.
(B) Except a s provided under clause (C), the
Governor shall, within 30 days of the receipt of
candidate names under clause (A), appoint one member
from the individuals receiving the three highest vote
totals for each district that has a member seat that
is or will be open.
(C) The Governor may, for cause, refuse to
appoint a member from the individuals receiving the
three highest vote totals under subparagraph (ii). If
the Governor refuses to appoint a member as provided
under this clause, the Governor shall, within 30 days
of receipt of candidate names under clause (A) ,
notify the council that he or she refuses to appoint
20230HB1508PN1724 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
a member and the reason for the refusal. The council
shall, within 1 0 days of the receipt of the
Governor's notice, submit to the Governor the names
of the individuals receiving the fourth, fifth and
sixth highest vote totals under subparagraph (ii) .
The Governor shall, within 14 days of the receipt of
the names under this clause, appoint one member from
the individuals receiving the fourth, fifth and sixth
highest vote totals.
(iv) If an individual is not nominated or does not
win a majority of the votes under this paragraph, the
member for the district shall be appointed by the
Governor.
(3) The council shall:
(i) Provide notification to e ach sportsmen's group
in each district that the sportsmen's group may nominate
one individual for commission membership for the district
and the procedure for making nominations. Notification
shall be provided as follows:
(A) At least 90 days prior to the end of the
term of a member for the district.
(B) Within 10 days of the death, resignation or
removal from office of a member for the district.
(ii) Establish a procedure to provide for and
collect the nominations under paragraph (2)(i) and
compile the results of the nominations.
(iii) Provide notification of the results under
subparagraph (ii) to the sportsmen. Notification shall be
provided within 10 days of compilation of results under
subparagraph (ii).
20230HB1508PN1724 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(iv) Establish a procedure to provide for and
collect the votes under paragraph (2)(ii) and compile the
results of the votes.
* * *
(d) Vacancies.--Upon the death, resignation or removal from
office of any person so appointed, [the Governor shall appoint a
competent person to serve for the unexpired term as provided in
subsection (a).] a competent person shall be selected for
appointment as provided under subsection (a)(2).
(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:
"Council." The Governor's Advisory Council for Hunting,
Fishing and Conservation.
"Newspaper of general circulation." A newspaper, as defined
in 45 Pa.C.S. § 101 (relating to definitions), which is
published and circulated in the district where the nominations
and voting will be held.
"Notification." Publication in a newspaper of general
circulation and posting on the council's publicly accessible
Internet website.
"Sportsman." A resident hunter or furtaker who has been
licensed in this Commonwealth for each of the past two
consecutive years and who resides in the district in which
voting under subsection (a)(2)(ii) is being conducted.
"Sportsmen's group." A not-for-profit membership group or
organization which is located in the district in which
nominations under subsection (a)(2)(i) are being conducted and
whose purpose or mission is to do all of the following:
(1) Protect and promote this Commonwealth's outdoor
20230HB1508PN1724 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
heritage and history.
(2) Provide opportunity for and participate in hunting,
trapping and the conservation of wildlife and wildlife
habitat.
Section 3. The following shall apply:
(1) The amendment or addition of 30 Pa.C.S. § 301(a),
(d) and (g) shall apply to members of the Pennsylvania Fish
and Boat Commission who, beginning on the effective date of
this section, are starting a new term or are filling a
vacancy due to the death, resignation or removal from office
of a member.
(2) The amendment or addition of 34 Pa.C.S. § 301(a),
(d) and (e) shall apply to members of the Pennsylvania Game
Commission who, beginning on the effective date of this
section, are starting a new term or are filling a vacancy due
to the death, resignation or removal from office of a member.
Section 4. This act shall take effect in 60 days.
20230HB1508PN1724 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17