1Amending Title 34 (Game) of the Pennsylvania Consolidated
2Statutes, in fiscal affairs, further providing for deterrent
3fences for deer, bear and elk and the payment of claims for
4damages by certain elk; imposing duties on the Department of
5Agriculture; and providing for the establishment of the Elk
6Damage Fund.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 541 of Title 34 of the Pennsylvania
10Consolidated Statutes is amended to read:

11§ 541. Authority to provide deterrent fences for deer.

12[(a) Fences for deer or elk.--]In areas of this Commonwealth
13where deer [and elk] are present on lands open to public hunting
14and are, in a material way, injuring or destroying farm crops,
15fruit orchards or commercial tree nurseries where ornamental or
16fruit trees are grown for sale or regeneration on commercial
17forest lands, the owners or lessees of such farms, fruit
18orchards, commercial tree nurseries or commercial forest lands
19may make application to the commission for assistance in the
20erection of a deterrent fence. Except where produce is raised

1for market on a commercial basis, the provisions of this section
2shall not apply to gardens or truck patches.

3[(b) Fences for bears.--In areas of this Commonwealth where
4bears are present on lands open to public hunting and are, in a
5material way, damaging or destroying beehives where ten or more
6hives are placed at one location or imminent danger exists of
7such damage or destruction, the owner of such beehives may make
8application to the director for assistance in the erection of a
9deterrent fence.]

10Section 2. Title 34 is amended by adding sections to read:

11§ 541.1. Authority to provide deterrent fences for bear.

12In areas of this Commonwealth where bears are present on
13lands open to public hunting and are, in a material way,
14damaging or destroying beehives where ten or more hives are
15placed at one location or imminent danger exists of such damage
16or destruction, the owner of such beehives may make application
17to the director for assistance in the erection of a deterrent
18fence.

19§ 541.2. Authority to provide deterrent fences for elk.

20(a) General rule.--In areas of this Commonwealth where elk
21are present, the owners or lessees of land which has been
22damaged or is likely to be damaged by elk may make application
23to the commission for assistance in the erection of deterrent
24fences. In investigating applications under this section, the
25commission using standards and priorities established by the
26Department of Agriculture shall evaluate both the damage or
27potential for damage to the land and the protection of the elk.

28(b) Applicability.--This section applies to all land whether
29used for commercial or noncommercial purposes.

30Section 3. Section 543(b) of Title 34 is amended and the

1section is amended by adding a subsection to read:

2§ 543. Purchase of materials and construction.

3* * *

4(b) Construction of deer [or elk] deterrent fences.--

5(1) The commission may construct, or may enter into
6contracts for the construction of, or enter into a written
7agreement with the applicant for the construction of[, deer
8or elk] deer deterrent fences on sites approved by the
9commission.

10(2) In making application for a deterrent fence under
11the provisions of [this subsection] section 541 (relating to 
12authority to provide deterrent fences for deer), the
13applicant shall agree to one of the following three fence
14construction options:

15(i) The commission may construct, or may contract
16for the construction of, the deterrent fence.

17(ii) The applicant may, within six months of
18delivery of materials, construct the deterrent fence.

19(iii) The applicant may contract with a third party
20for the construction of the deterrent fence.

21The commission may, by regulation, establish a baseline cost
22per foot of fence.

23(3) After any deterrent fence for deer is constructed
24and approved by the commission under the option specified in
25paragraph (2)(i), the commission shall pay for the cost of
26installation, and the landowner or lessee shall then
27reimburse the commission for 50% of the cost of installation.

28* * *

29(c.1) Construction of elk-deterrent fence.--

30(1) The commission may construct, may enter into

1contracts for the construction of or enter into a written
2agreement with the applicant for the construction of elk-
3deterrent fences on sites approved by the commission.

4(2) In making application for a deterrent fence under
5the provisions of section 541.2 (relating to authority to
6provide deterrent fences for elk), the applicant shall agree
7to one of the following four fence construction options:

8(i) The commission may construct or may contract for
9the construction of the deterrent fence.

10(ii) The applicant may, within six months of
11delivery of materials, construct the deterrent fence.

12(iii) The applicant may contract with a third party
13for the construction of the deterrent fence.

14(iv) Any other procedures for the construction of
15the elk-deterrent fence agreed to by the landowner or
16lessee and the commission.

17The commission may, by regulation, establish a baseline cost
18per foot of fence.

19* * *

20Section 4. Section 544 of Title 34 is amended to read:

21§ 544. Maintenance, repair or replacement.

22[All] (a) General rule.--Except as provided in subsection 
23(b), deterrent fences for deer and bear, after erection, shall
24be maintained by the individuals interested, and the commission
25shall bear no part of any future maintenance.

26(b) Deterrent fences for elk.--Responsibility for the
27maintenance of deterrent elk fencing shall be based on the
28written agreement between the landowner or lessee and the
29commission.

30(c) Replacement of deterrent fences.--Replacement of the

1deterrent fences when worn out may be on the same basis as the
2erection of the original fence. The commission shall decide when
3the replacement deterrent fence is necessary.

4Section 5. Title 34 is amended by adding sections to read:

5§ 548. Payment for elk damage.

6(a) General rule.--The commission shall be responsible for
7and may make payment for damage caused by elk within or outside
8of areas protected by elk-deterrent fences. Damage reports must
9be submitted to an office of the commission within 48 hours of
10discovery. The commission shall investigate all complaints of
11elk damage within 24 hours of receipt of a damage claim. The
12refusal of a claimant to erect elk-deterrent fencing or the
13killing of an elk by a claimant are relevant factors in
14determining whether to pay an elk damage claim.

15(b) Source of funds for payments.--All costs associated with
16the purchase and erection of elk-deterrent fencing and the
17payment of approved elk damage claims shall be paid from the Elk
18Damage Fund established in subsection (c).

19(c) Elk Damage Fund.--

20(1) There is established within the State Treasury a
21special fund to be known as the Elk Damage Fund which shall
22be used for the purchase, construction or maintenance of elk-
23deterrent fences, for the payment of elk damage claims
24arising under subsection (a) and for the costs of
25implementation and staffing incurred by the Department of
26Agriculture for implementation of this section.

27(2) All moneys deposited into the Elk Damage Fund are
28appropriated on a continuing basis to the Department of
29Agriculture for the purposes specified in paragraph (1).

30(d) Review.--When the commission's officers and the claimant

1cannot agree upon the value of the damages, the claimant may,
2within ten days of the conclusion of discussions, request, in
3writing, that the director review the matter as provided in
4Subchapter E (relating to review procedures).

5§ 549. Unlawful acts.

6(a) General rule.--It is unlawful for any landowner or
7lessee to file a fraudulent claim for damage of any kind alleged
8to have been done by elk or for any person to violate any other
9provision of this subchapter.

10(b) Penalties.--A person who collects or attempts to collect
11a fraudulent claim for damage by elk contrary to this subchapter
12commits a summary offense of the first degree. Any other
13violation of this subchapter is a summary offense of the fifth
14degree.

15Section 6. Section 561 of Title 34 is amended to read:

16§ 561. Appointment of hearing examiner.

17Within 15 days following receipt of a request for review
18under section 545 (relating to request for review) [or], 554
19(relating to request for review) or 548(d) (relating to payment 
20for elk damage), a hearing examiner designated by the director
21shall select a location and a time for hearing the review, which
22location shall be within the county of origin of the dispute.
23The applicant for review or the commission officer investigating
24the claim may, at the time of the review, appear personally or
25with counsel to testify and present witnesses and evidence in
26their behalf and to confront and examine witnesses. The hearing
27shall be conducted in accordance with the provisions of Title 2
28(relating to administrative law and procedure) and the
29regulations promulgated by the commission.

30Section 7. The Executive Director of the Pennsylvania Game 

1Commission and the Secretary of Agriculture may enter into such 
2cooperative agreements as may be necessary to implement and 
3administer the provisions of 34 Pa.C.S. § 548.

4Section 8. This act shall take effect immediately.