PRINTER'S NO. 2666
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1895
Session of
2017
INTRODUCED BY BARBIN, HANNA, GODSHALL, WARNER, CAUSER AND
EMRICK, OCTOBER 30, 2017
REFERRED TO COMMITTEE ON GAME AND FISHERIES, OCTOBER 30, 2017
AN ACT
Amending Titles 30 (Fish) and 34 (Game) of the Pennsylvania
Consolidated Statutes, in preliminary provisions relating to
fishing and boating, further providing for definitions; in
Pennsylvania Fish and Boat Commission, further providing for
executive director and providing for audits; in enforcement,
further providing for enforcement of other laws and for
delegation of enforcement powers and providing for
interagency agreement; in preliminary provisions relating to
game and wildlife, further providing for definitions; and, in
Pennsylvania Game Commission, further providing for director,
providing for joint director and for audits and further
providing for cooperative agreements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "executive director" in section
102 of Title 30 of the Pennsylvania Consolidated Statutes is
amended to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
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* * *
"Executive director." The individual appointed under 34
Pa.C.S. § 302.1 (relating to joint director) to perform the
powers and duties as executive director of the Pennsylvania Fish
and Boat Commission.
* * *
Section 2. Section 302(a) of Title 30 is amended to read:
§ 302. Executive director.
(a) Appointment and compensation.--
(1) The [commission shall appoint to serve at its
pleasure and, with the approval of the Governor, fix the
compensation of an executive director who] individual
appointed by the Governor with the advice and consent of the
Senate under 34 Pa.C.S. § 302.1 (relating to joint director)
shall [be] act as the chief executive officer of the
commission and attend to its administrative work and shall
have charge of all activities under the jurisdiction of the
commission. The executive director shall be the chief
waterways patrolman of the commission and shall have charge
of, direct, supervise, and control all waterways patrolmen,
deputy waterways patrolmen and employees of the commission.
[No member of the commission nor any person who has served as
a member thereof within one year shall be eligible for
appointment as executive director.]
(2) The individual appointed by the commission and
acting as the executive director on the effective date of
this paragraph shall cease to serve in that capacity as of
the date the Governor appoints the joint director under 34
Pa.C.S. § 302.1.
* * *
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Section 3. Title 30 is amended by adding a section to read:
§ 309. Audits.
The Auditor General shall audit the commission, in
conjunction with the Pennsylvania Game Commission, not less than
every two years.
Section 4. Sections 902 and 903 of Title 30 are amended to
read:
§ 902. Enforcement of other laws.
[All] Subject to the provisions of section 903.1 (relating to
interagency agreement), all waterways conservation officers and
deputy waterways conservation officers are authorized to enforce
all the laws of this Commonwealth, and rules and regulations
promulgated thereunder, relating to game, parks and forestry,
under the direction of the Pennsylvania Game Commission and of
the Department of Conservation and Natural Resources,
respectively.
§ 903. Delegation of enforcement powers.
[Any] Subject to the provisions of section 903.1 (relating to
interagency agreement), any person employed or elected by the
Commonwealth or by any municipality, whose duty it is to
preserve the peace or to make arrests or to enforce the laws of
this Commonwealth, may be designated and empowered by the
executive director, with the approval of the commission, to
enforce the provisions of this title.
Section 5. Title 30 is amended by adding a section to read:
§ 903.1. Interagency agreement.
(a) General rule.--Within 60 days of the effective date of
this section, the commission shall execute an interagency
agreement with the Pennsylvania Game Commission under 34 Pa.C.S.
§ 323(b) (relating to cooperative agreements) for combining
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their executive offices and performance of the law enforcement
duties under this title and Title 34 (relating to game).
(b) Failure to contract.--If the commission fails to execute
the interagency agreement within the 60-day time period, the law
enforcement duties under this title shall be immediately
transferred to the Pennsylvania Game Commission and the costs
and expenses of the law enforcement duties shall be reimbursed
by the commission to the Pennsylvania Game Commission.
Section 6. The definition of "director" in section 102 of
Title 34 is amended to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"Director." The [Executive Director of the Pennsylvania Game
Commission] individual appointed under section 302.1 (relating
to joint director) to perform the powers and duties as executive
director of the Pennsylvania Fish and Boat Commission or any
person to whom authority has been delegated by the director.
* * *
Section 7. Section 302(a) and (b) of Title 34 are amended to
read:
§ 302. Director.
(a) Appointment.--
(1) The [commission shall select a director. No member
of the commission nor anyone who has served as a member of
the commission within one year after service shall be
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eligible for selection as director. The director shall serve
as such at the pleasure of the commission.] individual
appointed by the Governor with the advice and consent of the
Senate under section 302.1 (relating to joint director) shall
act as the chief executive officer of the commission.
(2) The individual appointed by the commission and
acting as the director on the effective date of this
paragraph shall cease to serve in that capacity as of the
date the Senate confirms the joint director under section
302.1.
[(b) Compensation.--Notwithstanding any provision of law to
the contrary, the Executive Board of the Commonwealth shall fix
the compensation of the director.]
* * *
Section 8. Title 34 is amended by adding sections to read:
§ 302.1. Joint director.
(a) Appointment and compensation.--Within 30 days of the
effective date of this section, the Governor shall appoint an
individual to serve at the pleasure of the Governor as joint
director of the commission and the Pennsylvania Fish and Boat
Commission. The appointment shall be subject to the advice and
consent of the Senate. The Governor shall fix the compensation
of the joint director, the cost of which shall be paid equally
by the commission and the Pennsylvania Fish and Boat Commission.
(b) Ineligibility.--None of the following individuals shall
be eligible for appointment as joint director under this
section:
(1) Existing members of the commission and the
Pennsylvania Fish and Boat Commission.
(2) Persons who have served as a member of the
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commission or the Pennsylvania Fish and Boat Commission
within one year.
§ 305. Audits.
The Auditor General shall audit the commission, in
conjunction with the Pennsylvania Fish and Boat Commission, not
less than every two years.
Section 9. Section 323 of Title 34 is amended to read:
§ 323. Cooperative agreements.
(a) General rule.--The commission may enter into cooperative
agreements with any government agency, individual, corporation
or educational or research institution to further the programs
of the commission.
(b) Interagency agreement with Pennsylvania Fish and Boat
Commission--Within 60 days of the effective date of this
section, the commission shall execute an interagency agreement
with the Pennsylvania Fish and Boat Commission for combining
their executive offices and performance of the law enforcement
duties under this title and Title 30 (relating to fish).
(c) Failure to contract.--If the commission fails to execute
the interagency agreement within the 60-day time period, the law
enforcement duties of the Pennsylvania Fish and Boat Commission
shall be immediately transferred to the commission and the costs
and expenses of the law enforcement duties shall be reimbursed
by the Pennsylvania Fish and Boat Commission to the commission.
Section 10. This act shall take effect in 90 days.
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