Regular Session 2017-2018 House Bill 1919 P.N. 2715

PRINTER'S NO. 2715

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1919

Session of

2017

INTRODUCED BY CAUSER, GODSHALL, COOK, EMRICK, GROVE, KEEFER,

LAWRENCE, MILLARD, ROAE, ROTHMAN, WARNER, WATSON AND

WHEELAND, NOVEMBER 16, 2017

REFERRED TO COMMITTEE ON GAME AND FISHERIES, NOVEMBER 16, 2017

AN ACT

Amending Titles 3, (Agriculture), 18 (Crimes and Offenses), 22

(Detectives and Private Police), 23 (Domestic Relations), 25

(Elections), 27 (Environmental Resources), 30 (Fish), 34

(Game), 42 (Judiciary and Judicial Procedure), 58 (Oil and

Gas), 66 (Public Utilities), 71 (State Government) and 75

(Vehicles) of the Pennsylvania Consolidated Statutes,

combining the Pennsylvania Fish and Boat Commission and the

Pennsylvania Game Commission; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

ARTICLE I

Section 101. Sections 2327(d), 2380.9(b)(2), 2390(d) and

2703 of Title 3 of the Pennsylvania Consolidated Statutes are

amended to read:

§ 2327. Disease surveillance and detection.

* * *

(d) Wild animals.--The department shall have the authority

to solicit assistance from and provide assistance to Federal and

other State agencies, local governments and private entities in

monitoring wild animals in this Commonwealth to determine the

presence of dangerous transmissible disease. This monitoring may

be done in cooperation with the Pennsylvania Game and Fish

Commission, [the Pennsylvania Fish and Boat Commission,] the

United States Fish and Wildlife Service or any other private or

governmental entity.

§ 2380.9. Game and Wildlife Code and regulations.

* * *

(b) Regulations.--

* * *

(2) Notwithstanding any other provision of law, the

Pennsylvania Game and Fish Commission has no authority to

promulgate regulations on Cervidae livestock operations.

§ 2390. Regulation of swine hunting preserves.

* * *

(d) Pennsylvania Game and Fish Commission.--Notwithstanding

any other law, the Pennsylvania Game and Fish Commission shall

have no authority to promulgate regulations on swine hunting

preserves, and no regulation promulgated under this section

shall be construed to be governed by 34 Pa.C.S. (relating to

game).

§ 2703. Unlawful acts.

A person commits a summary offense of the second degree and

shall be subject to the penalty imposed under 34 Pa.C.S. §

925(b)(5) (relating to jurisdiction and penalties) if the person

does any of the following:

(1) If the person is a taxidermist, mounts any specimen

which was not lawfully killed or raised under authority of a

propagating permit unless the owner of the specimen presents

the taxidermist with a permit obtained from the Pennsylvania

Game and Fish Commission [or the Pennsylvania Fish

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Commission] and, in the case of migratory birds, the required

Federal permit.

(2) Mounts any specimen unless the owner of the specimen

presents the person with a copy of a permit issued by the

Pennsylvania Game and Fish Commission [or the Pennsylvania

Fish Commission]. A taxidermist may accept a specimen for

safekeeping and, after notifying the nearest [Pennsylvania

Game Commission or Pennsylvania Fish Commission] game and

fish officer, hold it until the owner obtains the necessary

permit or for a period not to exceed 60 days.

(3) Violates the provisions of this chapter.

Section 102. The definition of "commission" in section 4203

of Title 3 is amended to read:

§ 4203. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Commission." The Pennsylvania Game and Fish [and Boat]

Commission.

* * *

Section 103. Section 4216(a)(4) of Title 3 is amended to

read:

§ 4216. Aquaculture Advisory Committee.

(a) Establishment and composition.--The Aquaculture Advisory

Committee is hereby established as a departmental advisory board

within the department. The advisory committee shall consist of

21 members of whom the following 12 shall be members ex officio:

* * *

(4) The Executive Director of the Pennsylvania Game and

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Fish [and Boat] Commission.

* * *

ARTICLE II

Section 201. Sections 913(c)(3), 2702(c)(37) and (38),

5515(d), 6115(b)(1)(iii), 6125 and 7506(a) of Title 18 are

amended to read:

§ 913. Possession of firearm or other dangerous weapon in court

facility.

* * *

(3) The carrying of rifles and shotguns by instructors

and participants in a course of instruction provided by the

Pennsylvania Game and Fish Commission under 34 Pa.C.S. § 2704

(relating to eligibility for license).

* * *

§ 2702. Aggravated assault.

* * *

agents, employees and other persons referred to in subsection

(a) shall be as follows:

* * *

(37) A [wildlife conservation] game and fish officer or

deputy [wildlife conservation] game and fish officer of the

Pennsylvania Game and Fish Commission.

[(38) A waterways conservation officer or deputy

waterways conservation officer of the Pennsylvania Fish and

Boat Commission.]

* * *

§ 5515. Prohibiting of paramilitary training.

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* * *

(d) Excluded activities.--Nothing contained in this section

shall make unlawful any activity of the [Game] Pennsylvania Game

and Fish Commission, [Fish and Boat Commission,] or any law

enforcement agency, or any hunting club, rifle club, rifle

range, pistol range, shooting range or other program or

individual instruction intended to teach the safe handling or

use of firearms, archery equipment or other weapons or

techniques employed in connection with lawful sports or other

lawful activities.

§ 6115. Loans on, or lending or giving firearms prohibited.

* * *

(b) Exception.--

(1) Subsection (a) shall not apply if any of the

following apply:

* * *

(iii) The person who receives the firearm is engaged

in a hunter safety program certified by the Pennsylvania

Game and Fish Commission or a firearm training program or

competition sanctioned or approved by the National Rifle

Association.

* * *

§ 6125. Distribution of uniform firearm laws and firearm safety

brochures.

It shall be the duty of the Pennsylvania State Police

beginning January 1, 1996, to distribute to every licensed

firearm dealer in this Commonwealth firearms safety brochures at

no cost to the dealer. The brochures shall be written by the

Pennsylvania State Police, with the cooperation of the

Pennsylvania Game and Fish Commission, and shall include a

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summary of the major provisions of this subchapter, including,

but not limited to, the duties of the sellers and purchasers and

the transferees of firearms. The brochure or a copy thereof

shall be provided without charge to each purchaser.

§ 7506. Violation of rules regarding conduct on Commonwealth

property.

(a) Promulgation of rules and regulations.--The Department

of Environmental Resources, Pennsylvania Game and Fish

Commission and Pennsylvania Historical and Museum Commission may

promulgate rules and regulations governing conduct, other than

conduct regulated in section 7505 (relating to violation of

governmental rules regarding traffic), on Commonwealth property

within the jurisdiction of that agency. Such rules and

regulations shall be reasonably related to the preservation and

protection of such property for its specified or intended use,

or to promote the welfare, safety or protection of those persons

using such property, shall be consistent with existing law and

shall be posted in a manner reasonable likely to come to the

attention of persons using such property.

* * *

ARTICLE III

Section 301. Section 3715(b)(11) of Title 22 is amended to

read:

§ 3715. Humane Society Police Officer Advisory Board.

* * *

(b) Membership.--The board shall consist of the following:

* * *

(11) A representative of the Pennsylvania Game and Fish

Commission.

* * *

20170HB1919PN2715 - 6 -

ARTICLE IV

Section 401. Section 4355(d.2)(1) and (3), (d.3) and (d.6)

of Title 23 are amended to read:

§ 4355. Denial or suspension of licenses.

* * *

(d.2) Special procedures for recreational licenses issued by

Pennsylvania Game and Fish Commission.--

(1) Where the domestic relations section or the

department has been unable to attach the income of an obligor

and the obligor owes support in an amount equal to or greater

than three months of the monthly support obligation or where

an individual has failed, after appropriate notice, to comply

with subpoenas or warrants relating to paternity or child

support proceedings, the court may issue an order directing

the Pennsylvania Game and Fish Commission to prohibit the

issuance or renewal of a recreational license of the obligor

or other individual or to require the suspension of the

recreational license of the obligor or other individual.

* * *

(3) Upon receipt of an order from a court requiring the

Pennsylvania Game and Fish Commission to refuse to issue or

renew or to revoke or suspend the recreational license of the

obligor or other individual, the Pennsylvania Game and Fish

Commission shall immediately comply with the order. Upon

receipt of an order from the court authorizing the

Pennsylvania Game and Fish Commission to restore the

recreational license of an obligor or other individual, the

Pennsylvania Game and Fish Commission shall immediately

restore the recreational license of the obligor or other

individual if the obligor or other individual complies with

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the provisions of 30 Pa.C.S. Ch. 27 (relating to fishing

licenses) and 34 Pa.C.S. Ch. 27 (relating to hunting and

furtaking licenses).

* * *

[(d.3) Special procedures for licenses issued by

Pennsylvania Fish and Boat Commission.--

(1) Where the domestic relations section or the

department has been unable to attach the income of an obligor

and the obligor owes support in an amount equal to or greater

than three months of the monthly support obligation or where

an individual has failed, after appropriate notice, to comply

with subpoenas or warrants relating to paternity or child

support proceedings, the court may issue an order directing

the Pennsylvania Fish and Boat Commission to prohibit the

issuance or renewal of a recreational license of the obligor

or other individual or to require the suspension of the

recreational license of the obligor or other individual.

(2) Procedures for notice of suspension, nonrenewal or

denial, issuance of the appropriate order and reinstatement

of a recreational license shall be in accordance with

subsections (b), (c) and (d).

(3) Upon receipt of an order from a court requiring the

Pennsylvania Fish and Boat Commission to refuse to issue or

renew or to revoke or suspend the recreational license of the

obligor or other individual, the Pennsylvania Fish and Boat

Commission shall immediately comply with the order. Upon

receipt of an order from the court authorizing the

Pennsylvania Fish and Boat Commission to restore the

recreational license of an obligor or other individual, the

Pennsylvania Fish and Boat Commission shall immediately

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restore the recreational license of the obligor or other

individual if the obligor or other individual complies with

the provisions of 30 Pa.C.S. Ch. 27 (relating to fishing

licenses).

(4) There shall be no right to appeal from a refusal to

issue or renew or from a revocation or suspension under this

section. The sole remedy shall be to petition the court which

entered the underlying support order which resulted in the

revocation, suspension or refusal to issue or renew the

license.]

* * *

(d.6) Immunity.--The court, the domestic relations section,

the Department of Public Welfare, the Department of

Transportation, the Pennsylvania Game and Fish Commission, [the

Pennsylvania Fish and Boat Commission] or any employee of any of

these entities or any person appointed by the Pennsylvania Game

and Fish Commission [or the Pennsylvania Fish and Boat

Commission] to issue licenses and permits pursuant to the

applicable provisions of 30 Pa.C.S. (relating to fish) and 34

Pa.C.S. (relating to game) shall not be subject to civil or

criminal liability for carrying out their duties under this

section.

* * *

ARTICLE V

Section 501. Section 1327(c)(2) of Title 25 is amended to

read:

§ 1327. Preparation and distribution of applications.

* * *

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(2) The secretary shall make available for distribution

official voter registration applications to public libraries,

public schools, State-related institutions of higher

education, offices operated by the Department of Revenue,

offices operated by the Department of Aging, area agencies on

aging, offices operated by the Pennsylvania Game and Fish

Commission or any of its authorized license-issuing agents[,

offices operated by the Pennsylvania Fish and Boat Commission

or any of its issuing agents,] and offices that provide

unemployment compensation.

* * *

ARTICLE VI

Section 601. Sections 3114(b)(3) and 6116(c)(5) and (6) of

Title 27 are amended to read:

§ 3114. Statewide Water Resources Committee.

* * *

(b) Membership.--

* * *

(3) The Secretary of Environmental Protection, Secretary

of Agriculture, Secretary of Conservation and Natural

Resources, Executive Director of the Pennsylvania Game and

Fish [and Boat] Commission, Chairman of the Pennsylvania

Public Utility Commission and Executive Director of the

Pennsylvania Emergency Management Agency or their designees

shall be ex officio voting members of the Statewide

committee. The Secretary of Community and Economic

Development and the Executive Director of the Governor's

Center for Local Government Services or their designees and a

representative of each Compact Basin Commission shall be

invited to serve as ex officio nonvoting members of the

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Statewide committee.

* * *

§ 6116. Establishment of bond fund and allocation and use of

bond proceeds.

* * *

shall be allocated and used as follows:

* * *

(5) The amount of [$27,500,000] $47,500,000 to the

Pennsylvania Game and Fish [and Boat] Commission for capital

improvement projects to its existing lands and facilities.

The executive director of the Pennsylvania Game and Fish [and

Boat] Commission shall, no later than June 30 of each year,

provide an annual allocation plan detailing the projects to

be funded under this paragraph, the amount of each project

and the anticipated environmental benefit of the project to

the chairman and minority chairman of the Game and Fisheries

Committee of the Senate and the chairman and minority

chairman of the Game and Fisheries Committee of the House of

Representatives.

[(6) The amount of $20,000,000 to the Pennsylvania Game

Commission for capital improvement projects to its existing

lands and facilities. The executive director of the

Pennsylvania Game Commission shall, no later than June 30 of

each year, provide an annual allocation plan detailing the

projects to be funded under this paragraph, the amount of

each project and the anticipated environmental benefit of the

project to the chairman and minority chairman of the Game and

Fisheries Committee of the Senate and the chairman and

minority chairman of the Game and Fisheries Committee of the

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House of Representatives. Funds under this paragraph shall

not be used for land acquisition.]

* * *

ARTICLE VII

Section 701. The definitions of "commission," "deputy

waterways conservation officers," "deputy waterways patrolman,"

"executive director," "waterways conservation officers" and

"waterways patrolman" in section 102 of Title 30 are 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:

* * *

"Commission." The Pennsylvania [Fish and Boat] Game and Fish

Commission of the Commonwealth.

["Deputy waterways conservation officers." Officers formerly

designated as deputy waterways patrolmen appointed under section

305 (relating to deputy waterways patrolmen).

"Deputy waterways patrolman." A deputy waterways

conservation officer.]

* * *

"Executive director." The executive director of the

Pennsylvania [Fish and Boat] Game and Fish Commission.

* * *

["Waterways conservation officers." Officers formerly

designated as waterways patrolmen appointed under section 304

(relating to waterways patrolmen and employees).

20170HB1919PN2715 - 12 -

"Waterways patrolman." A waterways conservation officer.]

Section 702. Chapter 3 of Title 30 is repealed:

[CHAPTER 3

PENNSYLVANIA FISH AND BOAT COMMISSION

SUBCHAPTER A

ORGANIZATION, OFFICERS AND EMPLOYEES

§ 301. Organization of commission.

(a) Composition.--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.

(b) Qualifications.--Two members of the commission shall

serve at-large and be experienced in boating and water safety

education and be a registered boat owner in Pennsylvania. The

two boatmen members shall represent the various geographical

sections and boating interests of this Commonwealth. The

remaining eight members shall be persons well informed on the

subject of conservation, restoration, fish and fishing and boats

and boating and shall be appointed, insofar as practicable, on a

bipartisan basis and from the various geographic districts of

this Commonwealth so that at all times one and only one member

shall be a resident of each of the following districts:

(1) First district, consisting of the counties of Erie,

Crawford, Mercer, Lawrence, Venango, Butler, Warren, Forest

and Clarion.

(2) Second district, consisting of the counties of

Beaver, Allegheny, Washington, Greene, Armstrong, Indiana,

Westmoreland and Fayette.

(3) Third district, consisting of the counties of

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McKean, Elk, Jefferson, Potter, Cameron, Clearfield, Clinton

and Centre.

(4) Fourth district, consisting of the counties of

Cambria, Somerset, Blair, Bedford, Huntingdon, Fulton,

Mifflin and Juniata.

(5) Fifth district, consisting of the counties of Tioga,

Lycoming, Union, Snyder, Bradford, Sullivan, Columbia,

Montour and Northumberland.

(6) Sixth district, consisting of the counties of

Franklin, Perry, Cumberland, Adams, Dauphin, York, Lebanon

and Lancaster.

(7) Seventh district, consisting of the counties of

Susquehanna, Wyoming, Luzerne, Lackawanna, Carbon, Wayne,

Pike and Monroe.

(8) Eighth district, consisting of the counties of

Schuylkill, Berks, Chester, Northampton, Lehigh, Bucks,

Montgomery, Philadelphia and Delaware.

hold office for terms of four years each and may continue to

hold office for a period of time not to exceed six months or

until a successor is appointed and qualified, whichever occurs

first. A member who serves three consecutive terms shall not be

eligible for reappointment to the commission. The members shall

receive no compensation for their services but may be reimbursed

for travel expenses. When performing any function on behalf of

the commission or acting within the scope of their official

duties, members of the commission shall be authorized to operate

Commonwealth vehicles and watercraft and shall be treated as

employees of the Commonwealth for the purposes of automotive and

general liability and the act of June 2, 1915 (P.L.736, No.338),

20170HB1919PN2715 - 14 -

known as the Workers' Compensation Act.

(d) Vacancies.--Upon the death, resignation or removal from

office of any member, the Governor shall appoint a competent

person to serve for the unexpired term.

(e) Meetings, officers and quorum.--The commission shall

have an office in the Harrisburg area and shall hold meetings in

the Harrisburg area in January and July and at such other times

and places within this Commonwealth as the commission shall

designate for the transaction of business. At the meeting held

in July of each year, the commission shall elect one of its

members as president and one of its members as vice president

who shall hold office for one year. Six members shall constitute

a quorum.

(f) Powers of waterways patrolmen.--Except for the power

conferred by section 925 (relating to acknowledgment of guilt

and receipts for payment), members of the commission may

exercise any of the powers conferred by this title on waterways

patrolmen.

§ 302. Executive director.

(a) Appointment and compensation.--The commission shall

appoint to serve at its pleasure and, with the approval of the

Governor, fix the compensation of an executive director who

shall be the chief executive officer of the commission and

attend to its administrative work and 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

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be eligible for appointment as executive director.

(b) Power to catch, kill or possess fish.--The executive

director or his agent may catch, take, kill or possess any fish

at any time, in any season of the year and with any kind of net

or device.

§ 303. Assistant executive directors.

(a) Appointment and compensation.--The executive director,

with the approval of the commission, may, in accordance with law

and the classification and compensation plans of the

Commonwealth as established by the Executive Board, appoint and

fix the compensation of two assistant executive directors, one

of whom shall be in charge of and responsible for watercraft

safety and the other of whom shall be in charge of and

responsible for fisheries and engineering.

(b) Assistant for watercraft safety.--The assistant

executive director of the commission in charge of watercraft

safety shall reside in this Commonwealth at the time of

appointment and have five or more years of experience with ships

or boats and have either a college degree or at least ten years

experience in administration. The assistant executive director

shall:

(1) Direct, administer and coordinate the activities of

the commission relating to watercraft, boats and boating,

including the enforcement of Part III (relating to boats and

boating) and the rules and regulations promulgated

thereunder, and the improvement and maintenance of waterway

facilities including aids to navigation.

(2) Coordinate and supervise all expenditures from the

Boat Fund.

(3) Administer the boating education programs of the

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commission.

§ 304. Waterways patrolmen and employees.

(a) Appointment and compensation.--The executive director,

with the approval of the commission, shall, in accordance with

law and the classification and compensation plans of the

Commonwealth as established by the Executive Board, appoint and

fix the compensation of such number of waterways patrolmen and

other employees as the commission deems necessary to enforce and

carry out the provisions of this title and perform the functions

and work of the commission.

(b) Status.--This title does not change the status of

waterways patrolmen for the purposes of the act of July 23, 1970

(P.L.563, No.195), known as the "Public Employe Relations Act,"

or cause waterways patrolmen to be considered policemen for the

purposes of the act of June 24, 1968 (P.L.237, No.111), referred

to as the Policemen and Firemen Collective Bargaining Act.

§ 305. Deputy waterways conservation officers.

(a) Appointment and training.--The executive director, with

the approval of the commission, may appoint deputy waterways

conservation officers to act anywhere within this Commonwealth.

Newly appointed deputy waterways conservation officers,

excluding reappointments, shall attend such training programs as

may be required by the commission, which shall include at a

minimum:

(1) Successful completion of training and obtaining a

certificate of qualification under the act of October 10,

1974 (P.L.705, No.235), known as the Lethal Weapons Training

Act, or equivalent training as determined by the executive

director, prior to appointment.

(2) Successful completion of not less than 250 hours of

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law enforcement classroom and on-the-job training.

All deputy waterways conservation officers, including

reappointments, shall attend all annual in-service training as

may be required by the commission. Persons appointed under this

section may exercise the powers of their appointments until

December 31 of each year unless their appointment is sooner

revoked, suspended or withdrawn.

(b) Compensation.--Deputy waterways conservation officers

shall not be entitled to any salary, compensation or expenses

for their services from the Commonwealth, unless authorized by

the executive director of the commission, in which case they

shall receive compensation and/or reasonable expenses in

accordance with a Statewide pay scale and standards as

established by the Executive Board. Deputy waterways

conservation officers are volunteers. When acting within the

scope of their official duties, deputy waterways conservation

officers shall be authorized to operate Commonwealth vehicles

and watercraft and shall be treated as employees of the

Commonwealth for the purposes of automotive and general

liability and the act of June 2, 1915 (P.L.736, No.338), known

as the Workers' Compensation Act.

officers appointed under the authority of this section may

exercise the powers and duties of their appointments until

December 31 of each year and no longer unless their commissions

are sooner revoked, suspended or withdrawn. The powers and

duties of deputy waterways conservation officers shall be

subject to such limitations as the executive director, with the

approval of the commission, shall prescribe. The executive

director may authorize deputy waterways conservation officers to

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exercise the same powers and perform the same duties as

waterways conservation officers except that deputy waterways

conservation officers shall not exercise the powers and duties

set forth in section 901(a)(12) (relating to powers and duties

of waterways conservation officers and deputies).

§ 306. Boating Advisory Board.

(a) Composition.--There is hereby continued within the

commission a Boating Advisory Board. The board shall consist of

the Secretary of Environmental Resources, or his designee, the

executive director of the commission and the assistant executive

director of the commission in charge of watercraft safety, all

of whom shall be ex officio members, and five volunteer members

to be appointed by the Governor for terms of five years or, in

the case of a vacancy, for the remainder of the unexpired term.

(b) Qualifications.--The members appointed by the Governor

shall be experienced boaters as evidenced by the operation of a

boat and active membership in representative boating

associations, yacht clubs or similar organizations. As far as

possible, the membership of the board shall be bipartisan and

shall represent the various geographical sections and boating

interests of this Commonwealth.

volunteer members as the chairman. The assistant executive

director for watercraft safety shall serve as secretary.

(d) Compensation.--The volunteer members of the board shall

receive no salary but may, subject to the approval of the

commission, receive travel expenses. When performing any

function on behalf of the commission or acting within the scope

of their official duties, volunteer members of the board shall

be authorized to operate Commonwealth vehicles and watercraft

20170HB1919PN2715 - 19 -

and shall be treated as employees of the Commonwealth for the

purposes of automotive and general liability and the act of June

2, 1915 (P.L.736, No.338), known as the Workers' Compensation

Act.

(e) Meetings and quorum.--The board shall meet at such place

and at such time as may be specified upon the call of the

chairman, three members of the board or the commission. Five

members of the board, including three volunteer members, shall

constitute a quorum.

(f) Powers and duties.--The board shall advise the

commission on all matters relating to boating and make

recommendations to the commission with regard to any proposed

rules or regulations affecting the equipment or operation of

boats.

§ 307. Designation of law enforcement officers.

(a) Waterways patrolmen.--Waterways patrolmen of the

commission are designated as waterways conservation officers.

The commission may substitute the term "waterways conservation

officer" for the term "waterways patrolman" on its documents and

materials on a schedule it deems appropriate.

(b) Deputy waterways patrolmen.--Deputy waterways patrolmen

of the commission are designated deputy waterways conservation

officers. The commission may substitute the term "deputy

waterways conservation officer" for the term "deputy waterways

patrolman" on its documents and materials on a schedule it deems

appropriate.

and other official duties of waterways conservation officers and

deputy waterways conservation officers shall not be affected by

the use of the designation waterways patrolmen or deputy

20170HB1919PN2715 - 20 -

waterways patrolmen on forms, documents, materials, badges and

other items issued or prepared by the commission.

§ 308. Designation of commission.

The Pennsylvania Fish Commission is designated the

Pennsylvania Fish and Boat Commission. Prosecutions, licenses,

contracts, deeds, enforcement actions and other official actions

by the commission shall not be affected by the use of the

designation of the commission as the Pennsylvania Fish

Commission. The commission may continue to use the name

Pennsylvania Fish Commission on badges, citations, field

acknowledgments, contracts, licenses, registrations, stationery

or any other official documents or emblems until existing

supplies are exhausted. The commission may substitute the title

"Pennsylvania Fish and Boat Commission" for the title

"Pennsylvania Fish Commission" on its documents and materials on

such schedule as it deems appropriate.

SUBCHAPTER B

POWERS AND DUTIES IN GENERAL

§ 321. Administration and enforcement.

The commission shall administer and enforce this title and

other laws of this Commonwealth relating to:

(1) The encouragement, promotion and development of the

fishery interests.

(2) The protection, propagation and distribution of

fish.

(3) The management of boating and the operation of

boats.

(4) The encouragement, promotion and development of

recreational boating.

§ 322. Rules and regulations.

20170HB1919PN2715 - 21 -

The commission may promulgate rules and regulations

concerning:

(1) Fishing to aid in the better protection,

preservation and management of fish.

(2) Boating and the management and operation of boats.

§ 323. Publications.

The executive director may have printed the annual report of

the commission and such bulletins, literature, posters and other

printing as may be appropriate to the work of the commission

including the magazine known as the Pennsylvania Angler. The

commission shall from time to time establish the subscription

rates for the Pennsylvania Angler and charges for its other

publications. All publications published by the commission shall

be nonpartisan.

§ 324. Commission records.

Any records maintained by the commission or any issuing agent

or other agent of the commission that contain or include the

home address of any individuals or any other personal

information about individuals such as height, weight, color of

hair and/or color of eyes, including but not limited to fishing

licenses and applications therefor, boat registrations and

applications therefor and permits and applications therefor, are

not public records as defined in section 1 of the act of June

21, 1957 (P.L.390, No.212), referred to as the Right-to-Know

Law.

§ 325. Use of credit and debit cards.

(a) Sales of licenses and other items.--The executive

director with the approval of the commission may establish

policies and procedures for the use of credit cards and debit

cards for the purchase of licenses, permits, publications,

20170HB1919PN2715 - 22 -

promotional items and other items offered for sale by the

commission.

(b) Fines and settlements.--The executive director with the

approval of the commission may establish policies and procedures

for use of debit cards for persons to pay fines, settlements or

other amounts collected under this title.

§ 326. Limitation on regulatory jurisdiction.

The commission shall have no regulatory jurisdiction over the

program whereby the Department of Environmental Protection

sprays Bacillus thuringiensis israeliensis (Bti) on Commonwealth

waters for control of blackfly.

§ 327. Volunteer program.

(a) Volunteer program.--The commission shall have the power

and authority to do all things necessary and expedient to

maintain a volunteer program and to promulgate rules and

regulations under this section.

(b) Services of individuals without compensation.--The

executive director or his designee is authorized to recruit,

train and accept, without regard to the civil service

classification laws, rules or regulations, the services of

individuals without compensation as volunteers for or in aid of

interpretive functions, education and information programs,

boating safety and water rescue programs, conservation measures,

habitat improvement and other activities related to fish and

fishing and boats and boating.

reasonable and necessary expenses for volunteers, in accordance

with Statewide guidelines, for transportation, uniforms, lodging

and subsistence.

(d) Status of volunteers.--

20170HB1919PN2715 - 23 -

(1) Except as otherwise provided in this section, a

volunteer shall not be deemed to be a Commonwealth employee

and shall not be subject to the provisions of law relating to

Commonwealth employment, including those relating to hours of

work, rates of compensation, leave, unemployment compensation

and Commonwealth employee benefits.

(2) Volunteers performing work under the terms of this

section acting within the scope of their volunteer duties

shall be authorized to operate Commonwealth vehicles and

watercraft and shall be treated for the purposes of

automotive and general liability as employees of the

Commonwealth.

(3) For the purposes of the act of June 2, 1915

(P.L.736, No.338), known as the Workers' Compensation Act,

volunteers under this section shall be deemed employees of

the Commonwealth.

(4) No volunteer shall be assigned to any full-time or

wage position that is covered by any labor agreement,

presently filled, vacant or authorized in the commission.

(5) As to civil damages, the standard of care for acts

or omissions by commission volunteers acting within the scope

of their duties shall be as set forth in 42 Pa.C.S. § 8332.4

(relating to volunteer-in-public-service negligence

standard).

§ 328. Cooperative agreements.

The commission may enter into cooperative agreements with any

agency of the United States, any agency of any other state, any

agency of the Commonwealth or Pennsylvania local government, or

any educational or research institution or any other person or

entity to carry out or further the programs of the commission.]

20170HB1919PN2715 - 24 -

Section 703. Sections 901(a) introductory paragraph, (5) and

(13) and (b), 902, 930, 2703(a), 2711(e) and (e.1), 2903(c),

5103(b)(2), 5125(a)(1), (b), (h) and (k) and 7102(a) and (b) of

Title 30 are amended to read:

§ 901. Powers and duties of [waterways conservation] game and

fish officers and deputies.

(a) [Waterways conservation] Game and fish officers.--Every

[waterways conservation] game and fish officer shall have the

power and duty to:

* * *

(5) Stop vehicles or boats and search or inspect, where

probable cause exists that a violation of this title has

occurred, any boat, basket, conveyance, vehicle, fish-box,

bag, coat, boot or other receptacle, when enforcing this

title. The [waterways patrolman] game and fish officer shall

display his badge or other insignia of identification and

shall state to the person in charge of the vehicle,

conveyance or otherwise the purpose of the search.

* * *

(13) Arrange for the administration of chemical tests of

breath, blood or urine to persons operating or in actual

physical control of watercraft for the purpose of determining

the alcoholic content of blood or the presence of a

controlled substance under section 5125 (relating to chemical

testing to determine amount of alcohol or controlled

substance), by qualified personnel of a State or local police

department, qualified [waterways conservation] game and fish

officers or qualified personnel of a clinical laboratory

licensed and approved by the Department of Health. [A

waterways conservation] A game and fish officer may

20170HB1919PN2715 - 25 -

administer chemical tests under this paragraph if he is

qualified and the executive director designates him to do so.

* * *

(b) Deputy [waterways conservation] game and fish

officers.--Except for the power conferred by subsection (a)(12),

subject to such limitations as the executive director, with the

approval of the commission, shall prescribe, deputy [waterways

conservation] game and fish officers may exercise all the powers

and perform all the duties conferred by this section on

[waterways conservation] game and fish officers.

§ 902. Enforcement of other laws.

All [waterways conservation] game and fish officers and

deputy [waterways conservation] game and fish 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

and Fish Commission and of the Department of Conservation and

Natural Resources, respectively.

§ 930. Disposition of nonresident offenders.

Subject to any inconsistent regulations prescribed pursuant

to 42 Pa.C.S. § 3502 (relating to financial regulations):

(1) General rule.--Except as otherwise provided in

paragraph (2), upon the apprehension of a nonresident of this

Commonwealth for any violation of this title that is a

summary offense, the [waterways conservation] game and fish

officer or deputy [waterways conservation] game and fish

officer shall issue a citation as provided by the

Pennsylvania Rules of Criminal Procedure unless the

nonresident offender elects to proceed under section 925

(relating to acknowledgment of guilt and receipts for

20170HB1919PN2715 - 26 -

payment).

(2) Arrest of nonresident.--A [waterways conservation]

game and fish officer or deputy [waterways conservation] game

and fish officer shall be authorized to arrest a nonresident

for a summary offense violation of this title and escort him

to the appropriate issuing authority for a hearing, posting

of bond or payment of the applicable fine and costs only when

one or more of the following circumstances exist:

(i) The nonresident offender refuses to accept a

citation from the [waterways conservation] game and fish

officer.

(ii) In counties where the use of field

acknowledgments of guilt is authorized under section 925

(relating to acknowledgment of guilt and receipts for

payment), the nonresident offender elects not to sign a

field acknowledgment of guilt and refuses to accept a

citation from the [waterways conservation] game and fish

officer.

(iii) The nonresident offender fails to provide

positive identification showing his mailing address.

(iv) The officer has reasonable grounds to believe

the nonresident offender is a repeat offender under this

title.

(v) The officer has reasonable grounds to believe

the nonresident offender is fishing while his fishing

privileges are suspended or boating while his boating

privileges are suspended.

(vi) The officer has reasonable grounds to believe

the nonresident offender has failed to respond to a

citation issued under this title or to pay assessed fines

20170HB1919PN2715 - 27 -

or penalties for a prior offense under this title.

(vii) The officer has reasonable grounds to believe

the nonresident offender may pose a threat of harm to

persons or property or to himself or herself.

(viii) The officer has reasonable grounds to believe

the nonresident offender will not appear as required if

issued a citation.

The officer shall not exercise his authority to arrest a

nonresident under this paragraph if the nonresident offender

chooses to place the amount of the applicable fine and costs

in a stamped envelope addressed to the appropriate issuing

authority and mails the envelope in the presence of the

officer.

(3) Form of payment.--The amount of fine and costs to be

mailed to the issuing authority under paragraph (2) may be

paid by money order, personal or other check or guaranteed

arrest bond.

(4) Receipt for payment.--The [waterways conservation]

game and fish officer or deputy [waterways conservation] game

and fish officer shall give the nonresident offender a

receipt for payment, a copy of which shall be mailed with the

payment and a copy retained by the officer.

(5) Suspension of fishing and boating privileges.--The

fishing privileges of a nonresident offender who fails to

respond to a citation issued to him for a fishing violation

shall automatically be suspended until the nonresident

offender responds to the citation. The boating privileges of

a nonresident offender who fails to respond to a boating

violation shall automatically be suspended until the

nonresident offender responds to the citation. The commission

20170HB1919PN2715 - 28 -

shall notify the agency or agencies with jurisdiction over

fishing and boating, as applicable, of the state of a

nonresident who fails to respond to citation and shall

request assistance from the state of residence.

§ 2703. Possession and display of licenses.

(a) General rule.--No person 16 years of age or older shall

fish in any of the waters of this Commonwealth, in any boundary

waters or on land without first procuring the proper license

required by this chapter. The license shall be kept about the

person while fishing and shown upon the request of any

[waterways conservation] game and fish officer or other

[officer] individual designated by the commission. In addition

to showing the license to the officer, the holder thereof shall,

upon demand, establish his further identity to the satisfaction

of the officer by producing some other positive means of

identification. The commission may promulgate rules and

regulations for the displaying of the license certificate,

license button or other device, as it deems necessary.

* * *

§ 2711. Issuing agents.

* * *

(e) Records.--Every issuing agent shall maintain records in

the manner prescribed by the commission. The records shall be

available at reasonable hours for inspection by any [waterways

conservation] game and fish officer or other [officer]

individual designated by the commission or any representative of

the Department of the Auditor General.

(e.1) Equipment.--Equipment for the issuance of fishing

licenses and permits in the possession of issuing agents shall

be available at reasonable hours for inspection by any

20170HB1919PN2715 - 29 -

[waterways conservation] game and fish officer or other

[officer] individual designated by the commission.

* * *

§ 2903. Boat and net licenses for boundary lakes.

* * *

the operator of any boat, net or device so licensed and by each

person employed on the boat and shall be shown on demand to any

[waterways conservation] game and fish officer or other

authorized representative of the commission.

* * *

§ 5103. Boating education.

* * *

(b) Compliance.--Any person who is subject to the provisions

of subsection (a) shall:

* * *

(2) show the certificate on the demand of a [waterways

conservation] game and fish officer or other law enforcement

officer.

* * *

§ 5125. Chemical testing to determine amount of alcohol or

controlled substance.

(a) General rule.--Any person who operates or is in actual

physical control of the movement of a watercraft, upon, in or

through the waters of this Commonwealth, shall be deemed to have

given consent to one or more chemical tests of breath, blood or

urine for the purpose of determining the alcoholic content of

blood or the presence of a controlled substance if one of the

following applies:

(1) a [waterways conservation] game and fish officer has

20170HB1919PN2715 - 30 -

reasonable grounds to believe the person operated or was in

actual physical control of the movement of a watercraft in

violation of section 5502 (relating to operating watercraft

under influence of alcohol or controlled substance); or

* * *

(b) Suspension for refusal.--

(1) If any person placed under arrest for a violation of

section 5502 is requested to submit to chemical testing and

refuses to do so, the testing shall not be conducted but,

upon notice by the [waterways conservation] game and fish

officer, the commission shall suspend the boating privileges

of the person as follows:

(i) Except as set forth in subparagraph (ii), for a

period of 12 months.

(ii) For a period of 18 months if any of the

following apply:

(A) The person's boating privileges have

previously been suspended under this subsection.

(B) The person has, prior to the refusal under

this paragraph, been sentenced for an offense under

section 5502.

(2) It is the duty of the [waterways conservation] game

and fish officer to inform the person that:

(i) the person's boating privileges will be

suspended upon refusal to submit to chemical testing; and

(ii) if the person refuses to submit to chemical

testing, upon conviction or plea for violating section

5502(a)(1), the person will be subject to the penalties

provided in section 5502(c.1)(3).

(3) Any person whose boating privileges are suspended

20170HB1919PN2715 - 31 -

under this section shall have the same right of appeal as

provided for in cases of suspension for other reasons.

* * *

(h) Test by personal physician.--The person tested shall be

permitted to have a physician of his own choosing administer an

additional breath, blood or urine chemical test and the results

of the test shall also be admissible in evidence. The chemical

testing given at the direction of the [waterways conservation]

game and fish officer shall not be delayed by a person's attempt

to obtain an additional test.

* * *

(k) Prearrest breath test authorized.--A [waterways

conservation] game and fish officer, having reasonable suspicion

to believe a person is operating or in actual physical control

of the movement of a watercraft while under the influence of

alcohol, may require that person, prior to arrest, to submit to

a preliminary breath test on a device approved by the Department

of Health for this purpose. The sole purpose of this preliminary

breath test is to assist the [waterways conservation] game and

fish officer in determining whether or not the person should be

placed under arrest. The preliminary breath test shall be in

addition to any other requirements of this title. No person has

any right to expect or demand a preliminary breath test. Refusal

to submit to the test shall not be considered for purposes of

subsections (b) and (e).

§ 7102. Members of commission from Pennsylvania.

(a) Designation and term.--In pursuance of Article III of

the compact, there shall be three members (hereinafter called

commissioners) of the Atlantic States Marine Fisheries

Commission (hereinafter called commission) from this

20170HB1919PN2715 - 32 -

Commonwealth. The first commissioner shall be the executive

director of the Pennsylvania [Fish and Boat] Game and Fish

Commission, ex officio, and the term of this commissioner shall

terminate at the time he ceases to hold the office of executive

director and his successor as commissioner shall be his

successor as executive director. The second commissioner shall

be a legislator and member of the Pennsylvania Commission on

Interstate Cooperation, ex officio, designated by the

Pennsylvania Commission on Interstate Cooperation, and the term

of this commissioner shall terminate at the time he ceases to

hold legislative office or office as a member of the

Pennsylvania Commission on Interstate Cooperation and his

successor as commissioner shall be named in like manner. The

Governor (by and with the advice and consent of the Senate)

shall appoint a citizen as a third commissioner who shall have a

knowledge of and interest in the marine fisheries problem. The

term of this commissioner shall be three years and he shall hold

office until his successor is appointed and qualified. Vacancies

occurring in the office of this commissioner from any reason or

cause shall be filled by appointment by the Governor (by and

with the advice and consent of the Senate) for the unexpired

term.

(b) Delegate of executive director.--The executive director

of the Pennsylvania [Fish and Boat] Game and Fish Commission, as

ex officio commissioner, may delegate from time to time to any

assistant or other subordinate in his agency or office, the

power to be present and participate, including voting, as his

representative or substitute at any meeting of or hearing by or

other proceeding of the commission.

* * *

20170HB1919PN2715 - 33 -

ARTICLE VIII

Section 801. The definitions of "commission," "director,"

migratory game bird" and "officer" in section 102 of Title 34

are 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:

* * *

"Commission." The Pennsylvania Game and Fish Commission of

the Commonwealth.

* * *

"Director." The Executive Director of the [Pennsylvania Game

Commission] commission or any person to whom authority has been

delegated by the director.

* * *

"Migratory game bird." Any game bird defined in 50 CFR 20.11

(relating to meaning of terms), except as otherwise provided in

[Pennsylvania Game Commission] commission regulations.

* * *

"Officer." [Any Game Commission] A game and fish officer or

deputy [Game Commission] game and fish officer appointed by the

commission or any other person with law enforcement powers who

is designated by the director to enforce this title.

* * *

Section 802. Chapter 3 of Title 34 is repealed:

[CHAPTER 3

PENNSYLVANIA GAME COMMISSION

20170HB1919PN2715 - 34 -

§ 301. Organization of commission.

(a) Composition.--The independent administrative commission

known as the Pennsylvania Game Commission shall consist of eight

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 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:

(1) The counties of Erie, Crawford, Mercer, Lawrence,

Venango, Butler, Warren, Forest and Clarion, constituting the

first district.

(2) The counties of Beaver, Allegheny, Washington,

Greene, Armstrong, Indiana, Westmoreland and Fayette,

constituting the second district.

(3) The counties of McKean, Elk, Jefferson, Potter,

Cameron, Clearfield, Clinton and Centre, constituting the

third district.

(4) The counties of Cambria, Somerset, Blair, Bedford,

Huntingdon and Fulton, constituting the fourth district.

(5) The counties of Tioga, Lycoming, Union, Bradford,

Sullivan, Columbia, Montour and Northumberland, constituting

the fifth district.

(6) The counties of Snyder, Mifflin, Juniata, Franklin,

Perry, Cumberland, Adams, Dauphin, York, Lebanon and

Lancaster, constituting the sixth district.

(7) The counties of Susquehanna, Wyoming, Luzerne,

20170HB1919PN2715 - 35 -

Lackawanna, Carbon, Wayne, Pike and Monroe, constituting the

seventh district.

(8) The counties of Schuylkill, Berks, Chester,

Northampton, Lehigh, Bucks, Montgomery, Philadelphia and

Delaware, constituting the eighth district.

commission shall hold office for terms of four years each and

may continue to hold office for a period of time not to exceed

six months or until a successor is appointed and qualified,

whichever occurs first. A member of the commission who serves

three consecutive terms shall not be eligible for reappointment

to the commission. Commissioners shall receive no compensation

for their services, but may be reimbursed for travel expenses.

(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).

§ 302. Director.

(a) Appointment.--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

eligible for selection as director. The director shall serve as

such at the pleasure of the commission.

(b) Compensation.--Notwithstanding any provision of law to

the contrary, the Executive Board of the Commonwealth shall fix

the compensation of the director.

administrative officer of the commission and attend to its

administrative work and have charge of all activities under the

jurisdiction of the commission and this title. The director

20170HB1919PN2715 - 36 -

shall be the chief Game Commission officer and shall direct,

supervise and control all employees of the commission and report

to the commission any negligence, dereliction of duty or

incompetence on the part of any employee, with the facts

relevant thereto, and shall make any further reports as may be

required by the commission.

(d) Certification of commission action.--The director may

certify any action of the commission as being their official

act.

(e) Publications.--Subject to section 325 (relating to

limitation on disclosure of certain records), the director may

have printed such bulletins, posters, literature and other

printing as may be necessary to the work of the commission,

including publications of general interest to persons concerned

with conservation of our natural resources. Publications and

forms used to convey information, whether in electronic, print

or other media format, may contain advertisements. The

publications shall at all times be maintained as a nonpartisan

publication.

(f) Execution of contracts, leases and agreements.--The

director shall represent the commission in the execution of land

purchase contracts and in the execution of leases and other

similar agreements.

§ 303. Game Commission officers and employees.

(a) Appointment.--The director shall select competent

persons as Game Commission officers, assigned to field,

administrative or office duties, and other competent persons for

other duties as may be necessary to fulfill the requirements of

this title.

(b) Status.--Except for the director, all personnel shall be

20170HB1919PN2715 - 37 -

employed in accordance with the classification and compensation

plans of the Commonwealth and regulations of the commission.

representative of the commission in the exercise of their powers

and duties shall have the right and authority to go upon or

enter any property, posted or otherwise, outside of buildings.

§ 304. Deputy Game Commission officers.

(a) Appointment.--The commission may appoint deputy Game

Commission officers as necessary. Except as otherwise provided,

they shall possess the rights and powers given by law to Game

Commission officers and be subject to all requirements and

regulations, either of the law or of the commission, controlling

the action of Game Commission officers.

(b) Compensation and expenses.--Deputy Game Commission

officers shall not be entitled to compensation for either time

or expenses incurred in the performance of their duties unless

specifically employed for special duties by written order of the

director. The commission shall, from time to time, fix the rate

of compensation and allowable expenses for special duty

services.

not specifically employed, in writing, for special duties under

subsection (b) shall, with written authorization of the

director, be entitled to collect the fees as are now or may

hereafter be paid to constables, to be assessed and collected as

costs of prosecution for services legally rendered in the

performance of any duties in the enforcement of this title.

SUBCHAPTER B

POWERS AND DUTIES IN GENERAL

§ 321. Meetings of commission.

20170HB1919PN2715 - 38 -

(a) General rule.--The commission shall have an office in or

near Harrisburg and shall annually hold meetings at such office

in January and June or July and at such other times and places

within this Commonwealth as the commission shall designate for

the transaction of business. All meetings of the commission

shall comply with the act of July 19, 1974 (P.L.486, No.175),

referred to as the Public Agency Open Meeting Law.

(b) Annual election of officers.--At the meeting held in

January of each year, the commission shall elect one of its

members as president, one as vice president and one as

secretary. These officers shall hold office for a period of one

year.

attendance at each meeting shall constitute a quorum.

§ 322. Powers and duties of commission.

(a) Duties.--It shall be the duty of the commission to

protect, propagate, manage and preserve the game or wildlife of

this Commonwealth and to enforce, by proper actions and

proceedings, the laws of this Commonwealth relating thereto.

(b) General powers and duties.--The commission has the power

and duty to take all actions necessary for the administration

and enforcement of this title.

and enforce this title, the commission through proper action

shall:

(1) Subject to section 2102(b) (relating to seasons,

possession, bag limits and devices), fix seasons, daily

shooting or taking hours, and any modification thereof, and

daily, season and possession limits for any species of game

or wildlife.

20170HB1919PN2715 - 39 -

(2) Remove protection, declare an open season or

increase, reduce or close a season.

(3) Increase or reduce bag limits or possession limits.

(4) Define geographic limitations or restrictions.

(5) Fix the type and number of devices which may be used

to take game or wildlife.

(6) Limit the number of hunters or furtakers in any

designated area and prescribe the lawful methods of hunting

or taking furbearers in these areas.

(7) Govern the use of recorded calls or sounds or

amplified calls or sounds of any description for taking or

hunting game or wildlife.

(8) Add to or change the classification of any wild bird

or wild animal.

(9) Prohibit the possession, importation, exportation or

release of any species of birds or animals which may be

considered dangerous or injurious to the general public or to

the wildlife of this Commonwealth.

(10) Manage and develop its lands and waters and other

government or private lands and waters under agreement with

the owners as it considers advisable and, by proper action

and proceedings, enact and enforce regulations to insure the

prudent and proper use of these lands.

(11) Collect, classify and preserve such statistics,

data and information as in its judgment will tend to promote

the object of this title and take charge of and keep all

reports, books, papers and documents which shall, in the

discharge of its duties, come into its possession or under

its control.

(12) Take any necessary action to accomplish and assure

20170HB1919PN2715 - 40 -

the purposes of this title.

(13) Serve the interest of sportsmen by preserving and

promoting our special heritage of recreational hunting and

furtaking by providing adequate opportunity to hunt and trap

the wildlife resources of this Commonwealth.

§ 323. Cooperative agreements.

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.

§ 324. Cooperation with Federal Government.

The Commonwealth assents to the provisions of the Federal

Wildlife Restoration Act (16 U.S.C. § 669 et seq.) in which the

Secretary of the Interior is authorized to cooperate with the

states through their respective fish or wildlife agencies in

wildlife restoration projects, including a prohibition against

the diversion of license fees paid by hunters to purposes other

than administration of the wildlife agency. The commission shall

perform such acts as may be necessary to the conduct and

establishment of these cooperative wildlife restoration projects

and in compliance with regulations promulgated thereunder.

§ 325. Limitation on disclosure of certain records.

(a) General rule.--It is unlawful for any game protector,

deputy game protector, hunting license issuing agent, or any

officer, employee or agent of any Commonwealth agency, or any

other private business or agency which makes or receives records

of hunting and trapping licenses, or applications for obtaining

hunting and trapping licenses of any type received pursuant to

this title, to sell, publish or disclose in any manner

whatsoever those records or affiliations to any person except as

necessary to carry out the functions and business of the

20170HB1919PN2715 - 41 -

commission, or for any person to purchase, secure, procure or

disclose any records or affiliations as described herein.

(b) Publications.--It is unlawful for the commission, the

director, any game protector or deputy game protector, any

officer, employee or agent of the commission or any private

business or agency to sell, publish or disclose in any manner

any subscription lists or mailing lists for publications issued

under section 302(e) (relating to publications).

not apply to records and reports:

(1) Required for prosecutions of any violations of this

title.

(2) Required for administrative proceedings held

pursuant to the laws of this Commonwealth.

(3) Required for the prosecution of any violation of any

Federal laws or the laws of any state of the United States.

(4) Required to be published to enforce the suspension

or revocation of hunting and trapping privileges by the

commission.

(5) Authorized by action of the commission for the sole

purpose of exercising legitimate governmental function or

duty.

(6) Required to determine the identification of a

trapper under section 2361(a)(12) (relating to unlawful acts

concerning taking of furbearers), when such information is

requested by a landowner, an agent of a landowner or a lessee

of land.

When such records and reports are made available by the

commission for the limited purposes set forth in paragraphs (1)

through (6), they shall not be published, circulated or

20170HB1919PN2715 - 42 -

disclosed by the receiving agency for any purposes.

(d) Penalty.--Any person violating any provision of this

section commits a summary offense of the fifth degree. The

record or report or name of each individual person shall

constitute a separate offense.

§ 326. Use of credit and debit cards.

(a) Sales of licenses and other items.--The executive

director with the approval of the commission may establish

policies and procedures for the use of credit cards and debit

cards for the purchase of licenses, permits, publications,

promotional items and other items sold or offered for sale by

the commission.

(b) Fines and settlements.--The executive director with the

approval of the commission may establish policies and procedures

for use of debit cards for persons to pay fines, settlements or

other amounts collected under this title.

§ 327. Junior hunter projects.

(a) General rule.--It shall be the duty of the commission to

initiate, implement and administer two or more junior license

hunter projects for the purpose of increasing and sustaining

interest in hunting among young persons of this Commonwealth.

Except for the requirement to actually hold a junior hunting

license under section 2705(2) or (9) (relating to classes of

licenses) and as may otherwise be modified by commission

regulations, all participants in any junior hunter project shall

comply with all of the provisions of this title and the

regulations promulgated hereunder.

(b) Specific projects.--

(1) One of the projects shall consist of at least two

free hunting days for persons qualified to receive a junior

20170HB1919PN2715 - 43 -

hunting license under section 2705(2) or (9) and who have

successfully completed the hunter education requirements

under section 2704(b) (relating to eligibility for license).

The commission shall establish the days, times and species

which may be taken during the free hunting days.

(2) One of the projects shall consist of a Pennsylvania

Game Commission program subject to the review of both the

Game and Fisheries Committee of the House of Representatives

and the Game and Fisheries Committee of the Senate. The

respective committees shall have 60 days to review the

program and submit comments to the commission. Prior to

completion of the review by the respective committees, the

commission shall not take any action to initiate the program.

§ 328. Accountability.

(a) Relationship with public.--The commission shall

implement policies and programs to improve its relationship with

the general public and with its licensees in accordance with its

strategic plan.

(b) Program accountability.--The commission shall require

program accountability of its various functions through program

performance measurement in accordance with its strategic plan.

the financial accountability of its various functions through

performance measurement in accordance with its strategic plan.

(d) Law enforcement accountability.--The commission shall

maintain a system to respond to citizen complaints against

wildlife conservation officers and deputy wildlife conservation

officers. The commission shall release information relating to

the number and nature of complaints received on at least an

annual basis. The commission may release further information

20170HB1919PN2715 - 44 -

related to the nature of the complaints, provided that the

release of such information is not prohibited or restricted by

any contract, regulation, order of court or statute to the

contrary.

(e) Reports to General Assembly.--No later than January 31

of each year the commission through its executive director shall

make annual written reports on the matters described in

subsections (a), (b), (c) and (d) to the Game and Fisheries

Committee of the Senate and the Game and Fisheries Committee of

the House of Representatives. The commission shall meet with the

respective committees of the General Assembly to receive oral

testimony in relation to annual written reports when so

requested.]

Section 803. Sections 901(b.1), 902 and 2307(f)(2) and (3)

of Title 34 are amended to read:

§ 901. Powers and duties of enforcement officers.

* * *

(b.1) Exception to the prohibition of interception and

disclosure of communications.--An officer whose duty it is to

enforce this title and who has received training on the use of

body cameras in a course approved by the Pennsylvania State

Police shall be defined as a law enforcement officer for the

purpose of 18 Pa.C.S. § 5704(16)(iii) (relating to exceptions to

prohibition of interception and disclosure of communications).

Such officers may wear body cameras in the performance of their

official duties. This subsection shall not apply to a deputy

[Game Commission officer or deputy wildlife conservation] game

and fish officer.

* * *

§ 902. Deputy [Game Commission] Game and Fish officers.

20170HB1919PN2715 - 45 -

Except for the powers conferred under section 901(a)(12.1),

(17) and (18) (relating to powers and duties of enforcement

officers), deputy [Game Commission] officers shall, unless

further restricted by the director, exercise all the powers and

perform all the duties conferred by this title on [Game

Commission] officers, except deputy [wildlife conservation]

officers shall not be authorized to issue citations or field

acknowledgments of guilt for violations and shall provide the

information to the [wildlife conservation] officer. Retired

[wildlife conservation officers, retired waterways conservation]

officers, State park rangers, State forest rangers or current or

retired State or municipal police officers shall exercise all

powers and duties conferred on deputy [Game Commission]

officers, including the right to issue citations and field

acknowledgments of guilt for violations.

§ 2307. Unlawful taking or possession of game or wildlife.

* * *

(f) Definition.--As used in this section, the term

"authorized individual" means any person who:

* * *

(2) Is a currently employed [waterways conservation]

officer or deputy [waterways conservation] officer.

[(3) Is a currently employed wildlife conservation

officer or deputy wildlife conservation officer.]

* * *

ARTICLE IX

Section 901. Section 3733(a)(1) of Title 42 is amended to

read:

§ 3733. Deposits into account.

(a) General rule.--

20170HB1919PN2715 - 46 -

(1) Beginning July 1, 1987, and thereafter, the total of

all fines, fees and costs collected by any division of the

unified judicial system which are in excess of the amount

collected from such sources in the fiscal year 1986-1987

shall be deposited in the Judicial Computer System

Augmentation Account. Any fines, fees or costs which are

allocated by law or otherwise directed [to the Pennsylvania

Fish and Boat Commission,] to the Pennsylvania Game and Fish

Commission or to counties and municipalities, to the Crime

Victim's Compensation Board, to the Commission on Crime and

Delinquency for victim-witness services grants under section

477.15(c) of the act of April 9, 1929 (P.L.177, No.175),

known as The Administrative Code of 1929, to rape crisis

centers, to the Emergency Medical Services Operating Fund or

to domestic violence shelters shall not be affected by this

subchapter.

* * *

Section 902. Paragraphs (10) and (11) of the definition of

"law enforcement officer" in section 5950(d) of Title 42 are

amended to read:

§ 5950. Confidential communications involving law enforcement

officers.

* * *

(d) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

* * *

"Law enforcement officer." Any of the following:

* * *

(10) A member of the Pennsylvania Game and Fish

20170HB1919PN2715 - 47 -

Commission.

(11) A [Pennsylvania Wildlife Conservation Officer] game

and fish officer.

* * *

Section 903. Paragraphs (10) and (11) of the definition of

"law enforcement officer" in section 5952(d) of Title 42 are

amended to read:

§ 5952. Confidential communications to peer support members.

* * *

(d) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

* * *

"Law enforcement officer." Any of the following:

* * *

(10) A member of the Pennsylvania Game and Fish [and

Boat] Commission.

(11) A [Pennsylvania Wildlife Conservation Officer] game

and fish officer.

* * *

ARTICLE X

Section 1001. Section 2314(c.1)(1) of Title 58 is amended to

read:

§ 2314. Distribution of fee.

* * *

(c.1) Additional distributions.--From fees collected under

this chapter and deposited in the fund for 2011 and each year

thereafter:

(1) One million dollars shall be distributed to the

Pennsylvania Game and Fish [and Boat] Commission for costs

20170HB1919PN2715 - 48 -

relating to the review of applications for permits to drill

unconventional gas wells.

* * *

ARTICLE XI

Section 1101. Section 2709(a) and (b)(2) of Title 66 are

amended to read:

§ 2709. Disposition of real property by public utility engaged

in railroad business.

(a) Notice.--Before a public utility engaged in a railroad

business disposes of real property previously used as a roadbed

right-of-way, it must notify the county, city, borough,

incorporated town or township in which the real property is

located, and it must notify the Department of Transportation,

the Pennsylvania Game and Fish Commission[, the Pennsylvania

Fish and Boat Commission] and the Department of Environmental

Resources. Notifications shall be in writing.

(b) Procedure after notice.--

* * *

(2) If a municipality or any authority created by a

municipality or group of municipalities does not make an

offer to purchase the real property within 60 days of

receiving notice under subsection (a) or if the public

utility rejects the offer of a municipality, the

administrative agencies specified in subsection (a) have 60

days to decide on making an offer for the real property. If

an administrative agency makes an offer under this paragraph,

the public utility shall consider the offer and make a

decision on the offer before making other disposition of the

property. If more than one administrative agency makes an

offer, the public utility shall consider the offers in the

20170HB1919PN2715 - 49 -

following order: the Department of Transportation, the

Department of Environmental Resources, the Pennsylvania Game

and Fish Commission [and the Pennsylvania Fish and Boat

Commission].

* * *

ARTICLE XII

Section 1201. The heading of Part V of Title 71 is amended

to read:

PART V

BOARDS, COMMISSIONS AND OFFICES

Section 1202. Title 71 is amended by adding a chapter to

read:

CHAPTER 43

PENNSYLVANIA GAME AND FISH COMMISSION

Subchapter

A. Preliminary Provisions

B. Organization

C. Powers and Duties

D. Officers and Employees

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

4301. Definitions.

§ 4301. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Board." The Boating Advisory Board.

"Commission." The Pennsylvania Game and Fish Commission.

SUBCHAPTER B

20170HB1919PN2715 - 50 -

ORGANIZATION

Sec.

4310. Pennsylvania Game and Fish Commission .

4311. Executive director.

4312. Assistant executive directors.

4313. Boating Advisory Board.

§ 4310. Pennsylvania Game and Fish Commission.

(a) Composition.--The Pennsylvania Game and Fish Commission

is continued as an independent administrative commission and

shall consist of 10 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.

(b) Qualifications.--

(1) Two members of the commission shall serve at large,

be experienced in boating and water safety education and be a

registered boat owner in Pennsylvania. The two boatmen

members shall represent the various geographical sections and

boating interests of this Commonwealth.

(2) Except for the members under paragraph (1), the

members shall be individuals well informed on the subject of

conservation, wildlife conservation, restoration, hunting,

fish and fishing and boats and boating and shall be

appointed, insofar as practicable, on a bipartisan basis from

the various geographic districts of this Commonwealth so that

only one member shall be a resident of each of the following

districts:

(i) First district, consisting of the counties of

Erie, Crawford, Mercer, Lawrence, Venango, Butler,

Warren, Forest and Clarion.

(ii) Second district, consisting of the counties of

20170HB1919PN2715 - 51 -

Beaver, Allegheny, Washington, Greene, Armstrong,

Indiana, Westmoreland and Fayette.

(iii) Third district, consisting of the counties of

McKean, Elk, Jefferson, Potter, Cameron, Clearfield,

Clinton and Centre.

(iv) Fourth district, consisting of the counties of

Cambria, Somerset, Blair, Bedford, Huntingdon, Fulton,

Mifflin and Juniata.

(v) Fifth district, consisting of the counties of

Tioga, Lycoming, Union, Snyder, Bradford, Sullivan,

Columbia, Montour and Northumberland.

(vi) Sixth district, consisting of the counties of

Franklin, Perry, Cumberland, Adams, Dauphin, York,

Lebanon and Lancaster.

(vii) Seventh district, consisting of the counties

of Susquehanna, Wyoming, Luzerne, Lackawanna, Carbon,

Wayne, Pike and Monroe.

(viii) Eighth district, consisting of the counties

of Schuylkill, Berks, Chester, Northampton, Lehigh,

Bucks, Montgomery, Philadelphia and Delaware.

(1) A member shall hold office for a term of four years

each and may continue to hold office for a period of time not

to exceed six months or until a successor is appointed and

qualified, whichever occurs first.

(2) A member who serves three consecutive terms shall

not be eligible for reappointment to the commission.

(3) A member may not receive compensation for services

but may be reimbursed for travel expenses. When performing a

function on behalf of the commission or acting within the

20170HB1919PN2715 - 52 -

scope of official duties, members of the commission shall be

authorized to operate Commonwealth vehicles and watercraft

and shall be treated as employees of the Commonwealth for the

purposes of automotive and general liability and the act of

June 2, 1915 (P.L.736, No.338), known as the Workers'

Compensation Act.

(d) Vacancies.--Upon the death, resignation or removal from

office of a member, the Governor shall appoint a competent

individual to serve for the unexpired term.

(e) Meetings, officers and quorum.--The commission shall

have an office in the Harrisburg area and shall hold meetings in

the Harrisburg area in January and July and at other times and

places within this Commonwealth as the commission designates for

the transaction of business. The commission shall, at the

meeting held in July of each year, elect one of the commission's

members as president and one of the commission's members as vice

president. The president and vice president shall hold office

for one year. Six members shall constitute a quorum.

§ 4311. Executive director.

(a) Appointment and compensation.--

(1) The commission shall appoint to serve at the

commission's pleasure and, with the approval of the Governor,

fix the compensation of an executive director. The executive

director shall:

(i) be the chief executive officer of the

commission;

(ii) attend to the commission's administrative work;

and

(iii) be in charge of all activities under the

jurisdiction of the commission.

20170HB1919PN2715 - 53 -

(2) The executive director shall be the chief game and

fish officer of the commission and shall:

(i) Be in charge of, direct, supervise and control

each game and fish officer, deputy game and fish officer

and employee of the commission.

(ii) Report to the commission negligence,

dereliction of duty or incompetence on the part of an

employee, along with each relevant fact and make further

reports as required by the commission.

(3) A member of the commission and a person who has

served as a member of the commission within one year shall

not be eligible for appointment as executive director.

(b) Power to catch, kill or possess fish.--The executive

director or his agent may catch, take, kill or possess any fish

at any time, in any season of the year and with any kind of net

or device.

director may certify an action of the commission as being the

commission's official act.

(d) Execution of contracts, leases and agreements.--The

executive director shall represent the commission in the

execution of land purchase contracts and in the execution of

leases and other similar agreements.

§ 4312. Assistant executive directors.

(a) Appointment and compensation.--The executive director,

with the approval of the commission, may, in accordance with law

and the classification and compensation plans of the

Commonwealth as established by the Executive Board, appoint and

set the compensation of three assistant executive directors. One

assistant executive director shall be in charge of and

20170HB1919PN2715 - 54 -

responsible for watercraft safety, one assistant executive

director shall be in charge of and responsible for fisheries and

engineering and one assistant executive director shall be in

charge of game and wildlife.

(b) Assistant for watercraft safety.--The assistant

executive director of the commission in charge of watercraft

safety must reside in this Commonwealth at the time of

appointment and must have five or more years of experience with

ships or boats and either a college degree or at least 10 years'

experience in administration. The assistant executive director

shall:

(1) Direct, administer and coordinate the activities of

the commission relating to watercraft, boats and boating,

including the enforcement of 30 Pa.C.S. Pt. III (relating to

boats and boating) and the rules and regulations promulgated

under 30 Pa.C.S. Pt. III, and the improvement and maintenance

of waterway facilities including aids to navigation.

(2) Coordinate and supervise each expenditure from the

Boat Fund.

(3) Administer the boating education programs of the

commission.

§ 4313. Boating Advisory Board.

(a) Composition.--There is continued within the commission a

Boating Advisory Board. The board shall consist of the

following:

(1) The Secretary of Environmental Resources, or his

designee, who shall be an ex officio member.

(2) The executive director of the commission and the

assistant executive director of the commission in charge of

watercraft safety, who shall be ex officio members.

20170HB1919PN2715 - 55 -

(3) Five volunteer members to be appointed by the

Governor for terms of five years or, in the case of a

vacancy, for the remainder of the unexpired term.

(b) Qualifications.--The members appointed by the Governor

shall be experienced boaters as evidenced by the operation of a

boat and active membership in representative boating

associations, yacht clubs or similar organizations. If possible,

the membership of the board shall be bipartisan and shall

represent the various geographical sections and boating

interests of this Commonwealth.

volunteer members as the chairman. The assistant executive

director for watercraft safety shall serve as secretary.

(d) Compensation.--The volunteer members of the board shall

receive no salary but may, subject to the approval of the

commission, receive travel expenses. When performing any

function on behalf of the commission or acting within the scope

of their official duties, volunteer members of the board shall

be authorized to operate Commonwealth vehicles and watercraft

and shall be treated as employees of the Commonwealth for the

purposes of automotive and general liability and the act of June

2, 1915 (P.L.736, No.338), known as the Workers' Compensation

Act.

(e) Meetings and quorum.--The board shall meet at a place

and time as specified upon the call of the chairman, three

members of the board or the commission. Five members of the

board, including three volunteer members, shall constitute a

quorum.

(f) Powers and duties.--The board shall advise the

commission on all matters relating to boating and make

20170HB1919PN2715 - 56 -

recommendations to the commission with regard to any proposed

rules or regulations affecting the equipment or operation of

boats.

SUBCHAPTER C

POWERS AND DUTIES

Sec.

4320. Administration and enforcement.

4321. Rules and regulations.

4322. Publications.

4323. Commission records.

4324. Use of credit and debit cards.

4325. Limitation on regulatory jurisdiction.

4326. Volunteer program.

4327. Cooperative agreements.

4328. Cooperation with Federal Government.

4329. Limitation on disclosure of records.

4330. Junior hunter projects.

4331. Accountability.

§ 4320. Administration and enforcement.

(a) Fish and boat law.--The commission shall administer and

enforce the laws of this Commonwealth relating to:

(1) The encouragement, promotion and development of the

fishery interests.

(2) The protection, propagation and distribution of

fish.

(3) The management of boating and the operation of

boats.

(4) The encouragement, promotion and development of

recreational boating.

(b) Game law.--It shall be the duty of the commission to

20170HB1919PN2715 - 57 -

protect, propagate, manage and preserve the game or wildlife of

this Commonwealth and to enforce, by proper actions and

proceedings, the laws of this Commonwealth relating to the

protection, propagation, management and preservation of the game

or wildlife of this Commonwealth.

enforce the laws of this Commonwealth, the commission through

proper action shall:

(1) Subject to 34 Pa.C.S. § 2102(b) (relating to

regulations), set any of the following:

(i) Seasons, daily shooting or taking hours, and any

modification of seasons and daily shooting or taking

hours.

(ii) Daily, season and possession limits for a

species of game or wildlife.

(2) Remove protection, declare an open season or

increase, reduce or close a season.

(3) Increase or reduce bag limits or possession limits.

(4) Define geographic limitations or restrictions.

(5) Fix the type and number of devices which may be used

to take game or wildlife.

(6) Limit the number of hunters or furtakers in any

designated area and prescribe the lawful methods of hunting

or taking furbearers in these areas.

(7) Govern the use of recorded calls or sounds or

amplified calls or sounds of a description for taking or

hunting game or wildlife.

(8) Add to or change the classification of any wild bird

or wild animal.

(9) Prohibit the possession, importation, exportation or

20170HB1919PN2715 - 58 -

release of a species of birds or animals which may be

considered dangerous or injurious to the general public or to

the wildlife of this Commonwealth.

(10) Manage and develop the commission's lands and

waters and other government or private lands and waters under

agreement with the owners as it considers advisable and, by

proper action and proceedings, enact and enforce regulations

to ensure the prudent and proper use of the lands.

(11) Collect, classify and preserve statistics, data and

information that the commission determines will tend to

promote the object of the laws of this Commonwealth and take

charge of and keep each report, book, paper and document

which shall, in the discharge of the commission's duties,

come into the commission's possession or under the

commission's control.

(12) Take necessary action to accomplish and assure the

purposes of the laws of this Commonwealth.

(13) Serve the interest of sportsmen by preserving and

promoting our special heritage of recreational hunting and

furtaking by providing adequate opportunity to hunt and trap

the wildlife resources of this Commonwealth.

§ 4321. Rules and regulations.

The commission may promulgate rules and regulations

concerning:

(1) Fishing to aid in the better protection,

preservation and management of fish.

(2) Boating and the management and operation of boats.

§ 4322. Publications.

Subject to section 4329 (relating to limitation on disclosure

of records), the executive director may have printed the annual

20170HB1919PN2715 - 59 -

report of the commission and bulletins, literat ure, posters and

other printing as may be appropriate to the work of the

commission. The commission shall establish the subscription

rates and charges for commission publications. Each publication

published by the commission must be nonpartisan. A publication

or form used to convey information may contain advertisements.

§ 4323. Commission records.

A record maintained by the commission or an issuing agent or

other agent of the commission that contains or includes the home

address of an individual or other personal information about an

individual, such as height, weight, color of hair and color of

eyes, shall not be a public record as defined in section 102 of

the act of February 14, 2008 (P.L.6, No.3), known as the Right-

to-Know Law.

§ 4324. Use of credit and debit cards.

(a) Sales of licenses and other items.--The executive

director, with the approval of the commission, may establish

policies and procedures for the use of credit cards and debit

cards for the purchase of licenses, permits, publications,

promotional items and other items offered for sale by the

commission.

(b) Fines and settlements.--The executive director, with the

approval of the commission, may establish policies and

procedures for use of debit cards for a person to pay a fine,

settlement or other amount collected under the laws of this

Commonwealth.

§ 4325. Limitation on regulatory jurisdiction.

The commission has no regulatory jurisdiction over the

program by which the Department of Environmental Protection

sprays Bacillus thuringiensis israeliensis (Bti) on Commonwealth

20170HB1919PN2715 - 60 -

waters for control of blackfly.

§ 4326. Volunteer program.

(a) Volunteer program.--The commission may maintain a

volunteer program and promulgate rules and regulations under

this section.

(b) Services of individual without compensation.--The

executive director or his designee is authorized to recruit,

train and accept, without regard to the civil service

classification laws, rules or regulations, the services of an

individual without compensation as a volunteer for or in aid of

an interpretive function, education and information program,

boating safety and water rescue program, conservation measure,

habitat improvement and other activity related to fish and

fishing and boats and boating.

reasonable and necessary expenses for a volunteer, in accordance

with Statewide guidelines, for transportation, uniforms, lodging

and subsistence.

(d) Status of volunteers.--

(1) Except as otherwise provided under this section, a

volunteer shall not be deemed to be a Commonwealth employee

and shall not be subject to the provisions of law relating to

Commonwealth employment, including those relating to hours of

work, rates of compensation, leave, unemployment compensation

and Commonwealth employee benefits.

(2) Volunteers performing work under the terms of this

section, acting within the scope of their volunteer duties,

shall be authorized to operate Commonwealth vehicles and

watercraft and shall be treated for the purposes of

automotive and general liability as employees of the

20170HB1919PN2715 - 61 -

Commonwealth.

(3) For the purposes of the act of June 2, 1915

(P.L.736, No.338), known as the Workers' Compensation Act,

volunteers under this section shall be deemed employees of

the Commonwealth.

(4) No volunteer shall be assigned to a full-time

position or wage position that is covered by a labor

agreement, presently filled, vacant or authorized in the

commission.

(5) For the purposes of civil damages, the standard of

care for acts or omissions by commission volunteers acting

within the scope of their duties shall be as set forth in 42

Pa.C.S. § 8332.4 (relating to volunteer-in-public-service

negligence standard).

§ 4327. Cooperative agreements.

The commission may enter into cooperative agreements with an

agency of the United States, an agency of another state, an

agency of the Commonwealth or of a local government located in

Pennsylvania, an educational or research institution or any

other person or entity to carry out or further the programs of

the commission.

§ 4328. Cooperation with Federal Government.

The Commonwealth assents to the provisions of the Federal Aid

in Wildlife Restoration Act (50 Stat. 917, 16 U.S.C. § 669 et

seq.) in which the Secretary of the Interior is authorized to

cooperate with the states through their respective fish or

wildlife agencies in wildlife restoration projects, including a

prohibition against the diversion of license fees paid by

hunters to purposes other than administration of the wildlife

agency. The commission shall perform acts as may be necessary to

20170HB1919PN2715 - 62 -

the conduct and establishment of the cooperative wildlife

restoration projects and in compliance with regulations

promulgated under the Federal Aid in Wildlife Restoration Act.

§ 4329. Limitation on disclosure of records.

(a) General rule.--

(1) The following may not sell, publish or disclose a

record of fishing licenses or hunting and trapping licenses,

an application for obtaining a fishing license of any type

under 30 Pa.C.S. (relating to fish), or a hunting and

trapping license of any type received under 34 Pa.C.S.

(relating to game) or an affiliation to a person except as

necessary to carry out the functions and business of the

commission:

(i) A game and fish officer or deputy game and fish

officer.

(ii) A fishing license-issuing agent.

(iii) A hunting license-issuing agent.

(iv) An officer, employee or agent of a Commonwealth

agency.

(v) A private business or agency which makes or

receives a record.

(2) A person may not purchase, secure, procure or

disclose a record or affiliation described under paragraph

(1).

(b) Publication.--The following may not sell, publish or

disclose a subscription list or mailing list for a publication

issued under section 4322 (relating to publications):

(1) The commission.

(2) The executive director.

(3) A game and fish officer or deputy game and fish

20170HB1919PN2715 - 63 -

officer.

(4) An officer, employee or agent of the commission.

(5) A private business or agency.

(1) This section shall not apply to a record or report:

(i) Required for a prosecution of a violation of the

laws of this Commonwealth.

(ii) Required for an administrative proceeding held

under the laws of this Commonwealth.

(iii) Required for the prosecution of a violation of

a Federal law or the laws of any state of the United

States.

(iv) Required to be published to enforce the

suspension or revocation of hunting and trapping

privileges by the commission.

(v) Authorized by action of the commission for the

sole purpose of exercising legitimate governmental

function or duty.

(vi) Required to determine the identification of a

trapper under 34 Pa.C.S. § 2361(a)(12) (relating to

unlawful acts concerning taking of furbearers), if the

information is requested by a landowner, an agent of a

landowner or a lessee of land.

(2) If a record or report is made available by the

commission for a limited purpose under paragraph (1), the

record or report may not be published, circulated or

disclosed by the receiving agency for any purpose.

(d) Penalty.--A person violating this section commits a

summary offense of the fifth degree. The record, report or name

of each individual person shall constitute a separate offense.

20170HB1919PN2715 - 64 -

§ 4330. Junior hunter projects.

(a) General rule.--The commission shall initiate, implement

and administer two or more junior license hunter projects for

the purpose of increasing and sustaining interest in hunting

among young persons of this Commonwealth. Except for the

requirement to hold a junior hunting license under 34 Pa.C.S. §

2705(2) or (9) (relating to classes of licenses) and as modified

by commission regulations, each participant in a junior hunter

project must comply with the laws of this Commonwealth.

(b) Specific projects.--

(1) One of the projects under subsection (a) shall

consist of at least two free hunting days for a person

qualified to receive a junior hunting license under 34

Pa.C.S. § 2705(2) or (9) who has successfully completed the

hunter education requirements under 34 Pa.C.S. § 2704(b)

(relating to eligibility for license). The commission shall

establish the days, times and species which may be taken

during the free hunting days.

(2) One of the projects under subsection (a) shall

consist of a commission program subject to the review of the

Game and Fisheries Committee of the Senate and the Game and

Fisheries Committee of the House of Representatives. The

respective committees shall have 60 days to review the

program and submit comments to the commission. Prior to

completion of the review by the respective committees, the

commission may not take any action to initiate the program.

§ 4331. Accountability.

(a) Relationship with public.--The commission shall

implement policies and programs to improve the commission's

relationship with the general public and with the commission's

20170HB1919PN2715 - 65 -

licensees in accordance with the commission's strategic plan.

(b) Program accountability.--The commission shall require

program accountability of the commission's various functions

through program performance measurement in accordance with the

commission's strategic plan.

the financial accountability of the commission's various

functions through performance measurement in accordance with the

commission's strategic plan.

(d) Law enforcement accountability.--The commission shall

maintain a system to respond to citizen complaints against

wildlife conservation officers and deputy wildlife conservation

officers. The commission shall release information relating to

the number and nature of complaints received on at least an

annual basis. The commission may release further information

related to the nature of the complaints if the release of the

information is not prohibited or restricted by a contract,

regulation, order of court or statute to the contrary.

(e) Reports to General Assembly.--No later than January 31

of each year, the commission, through the commission's executive

director, shall make annual written reports on the matters

described under subsections (a), (b), (c) and (d) to the Game

and Fisheries Committee of the Senate and the Game and Fisheries

Committee of the House of Representatives. The commission shall

meet with the respective committees of the General Assembly to

receive oral testimony in relation to annual written reports if

requested.

SUBCHAPTER D

OFFICERS AND EMPLOYEES

Sec.

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4340. Game and fish officers and employees.

4341. Deputy game and fish officers.

4342. Powers and duties of enforcement officers.

4343. Delegation of enforcement powers.

4344. Reciprocal enforcement of Delaware River.

§ 4340. Game and fish officers and employees.

(a) Appointment.--The director shall select competent

persons as game and fish officers, assigned to field,

administrative or office duties, and other competent persons for

other duties as may be necessary to fulfill the requirements of

this title.

(b) Status.--Except for the director, all personnel shall be

employed in accordance with the classification and compensation

plans of the Commonwealth and regulations of the commission.

and representatives of the commission in the exercise of their

powers and duties shall have the right and authority to go upon

or enter any property, posted or otherwise, outside of

buildings.

§ 4341. Deputy game and fish officers.

(a) Appointment and training.--The executive director, with

the approval of the commission, may appoint deputy game and fish

officers to act anywhere within this Commonwealth. A newly

appointed deputy game and fish officer, excluding a

reappointment, shall attend any training program required by the

commission, which shall include at a minimum:

(1) Successful completion of training and obtaining a

certificate of qualification under the act of October 10,

1974 (P.L.705, No.235), known as the Lethal Weapons Training

Act, or equivalent training as determined by the executive

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director, prior to appointment.

(2) Successful completion of not less than 250 hours of

law enforcement classroom and on-the-job training.

(b) In-service training and term of appointment.--A deputy

game and fish officer, including a reappointment, shall attend

all annual in-service training as may be required by the

commission. A person appointed under this section may exercise

the powers of an appointment until December 31 of each year

unless the appointment is sooner revoked, suspended or

withdrawn.

(1) Deputy game and fish officers shall be volunteers

and shall not be entitled to any salary, compensation or

expenses for their services from the Commonwealth, unless

authorized by the executive director of the commission.

Compensation and reasonable expenses shall be in accordance

with a Statewide pay scale and standards as established by

the Executive Board.

(2) When acting within the scope of their official

duties, deputy game and fish officers shall be authorized to

operate Commonwealth vehicles and watercraft and shall be

treated as employees of the Commonwealth for the purposes of

automotive and general liability and the act of June 2, 1915

(P.L.736, No.338), known as the Workers' Compensation Act.

(d) Powers and duties.--The powers and duties of a deputy

game and fish officer shall be subject to limitations as the

executive director, with the approval of the commission, shall

prescribe. The executive director may authorize a deputy game

and fish officer to exercise the same powers and perform the

same duties as a game and fish officer, except that a deputy

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game and fish officer may not exercise the powers and duties set

forth in section 4342(a)(13), (18) and (22) (relating to powers

and duties of enforcement officers).

(e) Retired officers.--Retired wildlife conservation

officers, retired waterways conservation officers, retired game

and fish officer, State park rangers, State forest rangers and

current or retired State or municipal police officers shall

exercise all powers and duties conferred on deputy game and fish

officers, including the right to issue citations and field

acknowledgments of guilt for violations.

§ 4342. Powers and duties of enforcement officers.

(a) Powers.--An officer whose duty is to enforce 30 Pa.C.S.

(relating to fish) and 34 Pa.C.S. (relating to game) or any

officer investigating an alleged violation of 30 Pa.C.S. and 34

Pa.C.S. shall have the power and duty to:

(1) Enforce all laws of this Commonwealth relating to

fish, watercraft, game or wildlife and arrest any person who

has violated any of the provisions of this title while in

pursuit of that person immediately following the violation.

(2) Enter any land or water in the performance of the

officer's duty.

(3) Serve subpoenas issued under the provisions of this

title or any other statute the officer is authorized to

enforce.

(4) Carry firearms or other weapons, concealed or

otherwise, in the performance of the officer's duties.

(5) Purchase and resell game or wildlife, or any part

thereof, for the purpose of securing evidence.

(6) Stop any means of transportation within this

Commonwealth under reasonable suspicion or under the

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administrative procedures for road checkpoints. An officer

who stops any means of transportation shall be in uniform and

present a badge or other means of official identification and

state the purpose of the stop.

(7) Search any person or means of transportation or its

attachment or occupants, or any clothing worn by any person,

or any bag, clothing or container under probable cause,

consent, exigent circumstances or other established

exceptions to warrant requirements. If any person is present,

the officer shall present a badge or other means of official

identification and state the purpose of the search.

(8) Conduct administrative inspections of persons,

licenses and permits, firearms, ammunition and other

implements of taking, game bags, game, meat poles, tags,

clothing, waterfowl blinds, decoys, tree stands, immediate

hunting locations or any means of transportation or its

attachments used as blinds or hunting locations and any

cooler or container possessed at a hunting location when

prima facie evidence of hunting exists. An officer conducting

an administrative inspection shall, if any person is present,

present a badge or other means of official identification and

state the purpose of the inspection.

(9) Secure and execute all warrants and search warrants

for violations of this title or, with proper consent, search

or enter any building, dwelling, house, tavern, hotel,

boarding house, enclosure, vehicle or craft or any

attachments thereto, to open, by whatever means necessary,

any door, compartment, chest, locker, box, trunk, bag,

basket, package or container and examine the contents thereof

and seize any evidence or contraband found therein.

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(10) When making an arrest or an investigation or when

found in the execution of a search warrant, seize and take

possession of all game or wildlife or parts of game or

wildlife which have been taken, caught, killed, had or held

in possession, and seize all firearms, fishing, shooting,

hunting or boating paraphernalia, vehicles, boats,

conveyances, traps, dogs, decoys, bait, rods, reels, nets or

other fishing devices of any description, automotive

equipment, records, papers, permits, licenses and all

contraband or any unlawful device, implement or other

appliance used in violation of any of the laws relating to

game or wildlife.

(11) Administer any oath required by the provisions of

this title or relative to any violation of any law relating

to game or wildlife and, where game or wildlife is found in a

camp or in possession or under control of any individual or

hunting party, question the individual, under oath, relative

to the taking, ownership or possession of the game or

wildlife.

(12) Operate or move any vehicle, permanently or

temporarily equipped with a type of flashing or rotating red

light or lights or audible device, or both, approved by the

commission, upon any street or highway within this

Commonwealth when performing duties within the scope of

employment.

(13) Operate any vehicle owned or leased by the

Commonwealth and used for law enforcement purposes, equipped

with flashing or rotating lights of a color and combination

and audible devices as authorized in the definition of

"emergency vehicle" in 75 Pa.C.S. § 102 (relating to

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definitions) and approved by the commission, on any street or

highway within this Commonwealth when performing duties

within the scope of employment. The driver of a Commonwealth-

owned or Commonwealth-leased vehicle equipped with lights and

audible devices as authorized in this subchapter may exercise

the privileges and shall be subject to the conditions as set

forth in 75 Pa.C.S. § 3105 (relating to drivers of emergency

vehicles).

(14) Demand and secure assistance when the officer deems

it necessary.

(15) Demand and secure identification from any person

who is the subject of an official investigation or

investigative detention, supported by reasonable suspicion,

if the officer presents a badge or other means of official

identification.

(16) Enforce all the laws of this Commonwealth relating

to fish, boats, parks and forestry and other environmental

matters, under the direction of those agencies charged with

the administration of the laws.

(17) Require the holder of a license or permit required

by this title or by commission regulation to sign the

holder's name on a separate piece of paper in the presence of

the requesting officer.

(18) (i) When acting within the scope of the officer's

employment, pursue, apprehend or arrest any individual

suspected of violating a provision of 18 Pa.C.S.

(relating to crimes and offenses) or any other offense

classified as a misdemeanor or felony of any degree. The

officer shall also have the power to serve and execute

warrants issued by the proper authorities for offenses

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referred to in this paragraph and to serve subpoenas

issued for examination.

(ii) All powers as provided for in this paragraph

shall be limited by administrative procedure as the

director, with the approval of the commission, shall

prescribe by regulation. The regulations shall be

promulgated by November 15, 1990.

(19) Stop and board any boat subject to 30 Pa.C.S.

(relating to fish) for the purpose of inspection for

compliance with 30 Pa.C.S. Pt. III (relating to boats and

boating) and the rules and regulations promulgated

thereunder. Any boat lying at its regular mooring or berth

shall not be boarded without the consent of the owner or a

search warrant.

(20) Arrange for the administration of chemical tests of

breath, blood or urine to persons operating or in actual

physical control of watercraft for the purpose of determining

the alcoholic content of blood or the presence of a

controlled substance under 30 Pa.C.S. § 5125 (relating to

chemical testing to determine amount of alcohol or controlled

substance), by qualified personnel of a State or local police

department, qualified officer or qualified personnel of a

clinical laboratory licensed and approved by the Department

of Health. An officer may administer chemical tests under

this paragraph if the person is qualified and the executive

director designates the person to do so.

(21) When in the performance of the officer's duties,

operate watercraft or a vehicle in a manner necessary to

carry out enforcement duties, subject to such limitations as

the executive director may prescribe.

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(22) When acting within the scope of the officer's

employment and under the procedures outlined by the executive

director, use a facsimile in the enforcement of the

provisions of this title and the regulations promulgated

under this title.

(23) When acting within the scope of the officer's

employment and discretion, issue written or verbal warnings

in lieu of making arrests or issuing citations.

(b) Use of protective materials.--An officer whose duty is

to enforce 30 Pa.C.S. and 34 Pa.C.S. shall comply with the

procedures established by the executive director relating to the

use of protective materials under 34 Pa.C.S. § 2524 (relating to

protective material required).

words and phrases shall have the meanings given to them in this

subsection:

"Officer's employment." The period of time during which a an

officer is currently engaged in an activity the officer is

employed to perform at the time of the engagement and in places

the officer is authorized to perform the activity.

§ 4343. Delegation of enforcement powers.

Any person elected or employed by the Commonwealth or by any

municipality, whose duty is to preserve the peace or to make

arrests or to enforce the laws of this Commonwealth, may be

designated and empowered by the director, with the approval of

the commission, to enforce the provisions of 30 Pa.C.S.

(relating to fish) or 34 Pa.C.S. (relating to game) under

policies established by the director.

§ 4344. Reciprocal enforcement of Delaware River.

If the State of New York or the State of New Jersey, as

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appropriate, has in effect a statutory provision analogous to

this section, a person who is authorized to enforce this title

or an officer of a reciprocating state may enforce this title on

any part of the Delaware River between those states or on the

shores of the Delaware River.

Section 1203. The definition of "enforcement officer" in

section 5102 of Title 71 is amended to read:

§ 5102. Definitions.

The following words and phrases as used in this part, unless

a different meaning is plainly required by the context, shall

have the following meanings:

* * *

"Enforcement officer."

(1) Any enforcement officer or investigator of the

Pennsylvania Liquor Control Board who is a peace officer

vested with police power and authority throughout the

Commonwealth and any administrative or supervisory employee

of the Pennsylvania Liquor Control Board vested with police

power who is charged with the administration or enforcement

of the liquor laws of the Commonwealth.

(2) Special agents, narcotics agents, asset forfeiture

agents, medicaid fraud agents and senior investigators

hazardous waste prosecutions unit, classified as such and

employed by the Office of Attorney General who have within

the scope of their employment as law enforcement officers the

power to enforce the law and make arrests under the authority

of the act of October 15, 1980 (P.L.950, No.164), known as

the Commonwealth Attorneys Act.

(3) Parole agents, classified as such by the Executive

Board and employed by the Pennsylvania Board of Probation and

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Parole.

(4) [Waterways conservation] Game and fish officers and

other commissioned law enforcement personnel employed by the

Pennsylvania Game and Fish [and Boat] Commission who have and

exercise the same law enforcement powers as [waterways

conservation] game and fish officers. This paragraph shall

not apply to deputy [waterways conservation] game and fish

officers.

* * *

ARTICLE XIII

Section 1301. Sections 7717(b)(3), 9017(c)(2) and 9106(e)(2)

of Title 75 are amended to read:

§ 7717. Snowmobile and ATV Advisory Committee.

* * *

(b) Composition.--The committee shall consist of 17 members.

The members shall be as follows:

* * *

(3) One member representing the Pennsylvania Game and

Fish Commission.

* * *

§ 9017. Refunds.

* * *

(2) In accordance with such procedures, the Pennsylvania

Game and Fish [and Boat] Commission shall biannually

calculate the amount of liquid fuels consumed by the

motorcraft and furnish the information relating to its

calculations and data as required by the board. The board

shall review the petition and motorboat fuel consumption

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calculations of the commission, determine the amount of

liquid fuels tax paid and certify to the State Treasurer to

refund annually to the Boat Fund the amount so determined.

The department shall be accorded the right to appear at the

proceedings and make its views known.

* * *

§ 9106. Dirt, gravel and low-volume road maintenance.

* * *

(e) Quality assurance boards.--Apportioned funds are to be

dispersed to county conservation districts which apply for them

and are to be used by State agencies and local municipalities

that maintain roads within the county and fulfill certain

requirements specified under subsection (g). Within the

conservation district a quality assurance board shall be

impaneled to establish and administer the grant program. The

four-member quality assurance board is to be comprised of a

nonvoting chairman appointed by the conservation district

directors and one local representative appointed by each of the

following entities:

* * *

(2) The Pennsylvania Game and Fish [and Boat]

Commission.

* * *

Section 1302. Section 9511(i)(2) of Title 75 is amended to

read:

§ 9511. Allocation of proceeds.

* * *

(i) Refund to Pennsylvania Game and Fish [and Boat]

Commission.--

* * *

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(2) In accordance with the procedures, the Pennsylvania

Game and Fish [and Boat] Commission shall biannually

calculate the amount of liquid fuels consumed by the

motorcraft and furnish the information relating to its

calculations and data as required by the Board of Finance and

Revenue. The Board of Finance and Revenue shall review the

petition and motorboat fuel consumption calculations of the

commission, determine the amount of the oil company franchise

tax paid and certify to the State Treasurer to refund

annually to the Boat Fund the amount so determined. The

department shall be accorded the right to appear at the

proceedings and make its views known.

* * *

ARTICLE XIV

Section 1401. The following shall apply to the designation

of game and fish officers:

(1) The following shall be designated as game and fish

officers:

(i) Waterways conservation officers.

(ii) Game Commission officers, game protectors and

wildlife conservation officers.

(2) The following shall be designated as deputy resource

conservation officers:

(i) Deputy waterways conservation officers.

(ii) Deputy Game Commission officers, deputy game

protectors and deputy wildlife conservation officers.

(3) The Pennsylvania Game and Fish Commission may

substitute the term "game and fish officer" for the term of

an officer listed under paragraphs (1) and (2) on the

commission's documents and materials on a schedule the

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commission deems appropriate.

(4) Prosecutions, enforcement actions and other official

duties of an officer listed under paragraphs (1) and (2)

shall not be affected by the use of the designation, prior to

the effective date of this section, of an officer listed

under paragraphs (1) and (2) on a form, document, material,

badge and other item issued or prepared by the commission.

Section 1402. The Pennsylvania Fish and Boat Commission and

the Pennsylvania Game Commission are designated as the

Pennsylvania Game and Fish Commission. Prosecutions, licenses,

contracts, deeds, enforcement actions and other official actions

by the commission shall not be affected by the use of the

designation of the commission as the Pennsylvania Game and Fish

Commission. The commission may continue to use the name

"Pennsylvania Fish and Boat Commission" or "Pennsylvania Game

Commission" on badges, citations, field acknowledgments,

contracts, licenses, registrations, stationery or any other

official documents or emblems until existing supplies are

exhausted. The commission may substitute the title "Pennsylvania

Game and Fish Commission" for the title "Pennsylvania Fish and

Boat Commission" or "Pennsylvania Game Commission" on the

commission's documents and materials on a schedule the

commission deems appropriate.

Section 1403. All activities initiated under 30 Pa.C.S. Ch.

3 and 34 Pa.C.S. Ch. 3 shall continue and remain in full force

and effect and may be completed under 71 Pa.C.S. Ch. 43. Orders,

regulations, rules and decisions which were made under 30

Pa.C.S. Ch. 3 and 34 Pa.C.S. Ch. 3 and which are in effect on

the effective date of sections 702 and 802 of this act shall

remain in full force and effect until revoked, vacated or

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modified under 71 Pa.C.S. Ch. 43. Contracts, obligations and

collective bargaining agreements entered into under 30 Pa.C.S.

Ch. 3 and 34 Pa.C.S. Ch. 3 are not affected nor impaired by the

repeal of 30 Pa.C.S. Ch. 3 and 34 Pa.C.S. Ch. 3.

Section 1404. This act shall take effect in 60 days.

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