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PRINTER'S NO. 508
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
514
Session of
2019
INTRODUCED BY ROAE, BARRAR, JAMES, MILLARD AND LAWRENCE,
FEBRUARY 19, 2019
REFERRED TO COMMITTEE ON GAME AND FISHERIES, FEBRUARY 19, 2019
AN ACT
Amending Titles 30 (Fish) and 34 (Game) of the Pennsylvania
Consolidated Statutes, merging the Pennsylvania Fish and Boat
Commission and the Pennsylvania Game Commission; in
preliminary provisions, in preliminary provisions relating to
fish, further providing for definitions; in Pennsylvania Fish
and Boat Commission, further providing for organization of
commission, for executive director, for assistant executive
directors, for waterways patrolmen and employees, for Boating
Advisory Board, for designation of commission and for
publications; in Atlantic States Marine Fisheries Compact,
further providing for members of commission from
Pennsylvania; in preliminary provisions relating to game,
further providing for definitions; in Pennsylvania Game
Commission, further providing for organization of commission,
for director, for Game Commission officers and employees, for
deputy Game Commission officers and for junior hunter
projects; and, in enforcement relating to game, further
providing for powers and duties of enforcement officers and
for deputy Game Commission officers; adding transitional
provisions; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "commission" and "executive
director" in section 102 of Title 30 of the Pennsylvania
Consolidated Statutes are amended and the section is amended by
adding a definition to read:
§ 102. Definitions.
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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 Game and Fish [and Boat]
Commission of the Commonwealth established in 34 Pa.C.S. § 301
(relating to organization of commission and division).
* * *
"Division." The Division of Fish and Boats within the
Pennsylvania Game and Fish Commission.
* * *
"Executive director." The executive director of the
Division of Fish and Boats within the Pennsylvania Game and Fish
[and Boat] Commission.
* * *
Section 2. Chapter 3 heading and sections 301, 302, 303,
304, 306(a), 308, 323 and 7102(a) and (b) of Title 30 are
amended to read:
CHAPTER 3
PENNSYLVANIA GAME AND FISH [AND BOAT] COMMISSION AND DIVISION OF
FISH AND BOATS
§ 301. Organization of commission and division.
(a) Composition.--The Pennsylvania Game and 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.] members with such qualifications as provided in 34
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Pa.C.S. § 301 (relating to organization of commission). The
Division of Fish and Boats is established within the commission.
[(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
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
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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.
(c) Terms of office and compensation.--The members 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 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),
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
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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]
division and attend to [its] the administrative work of the
division and have charge of all activities under the
jurisdiction of the commission as they relate to this title. The
executive director shall be the chief waterways patrolman of the
[commission] division and shall have charge of, direct,
supervise, and control all waterways patrolmen, deputy waterways
patrolmen and employees of the [commission] division. No member
of the commission nor any person who has served as a member
thereof within one year shall be eligible for appointment as
executive director.
(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
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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 of the
division, 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] division 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
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 of the division as the commission deems
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necessary to enforce and carry out the provisions of this title
and perform the functions and work of the commission as they
relate to this title.
(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.
§ 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] Protection, or his
designee, the executive director of the [commission] division
and the assistant executive director of the [commission]
division 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.
* * *
§ 308. Designation of commission.
The Pennsylvania Fish and Boat Commission is designated the
Pennsylvania Game and 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 and Boat Commission on badges, citations,
field acknowledgments, contracts, licenses, registrations,
stationery or any other official documents or emblems until
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existing supplies are exhausted. The commission may substitute
the title "Pennsylvania Game and Fish [and Boat] Commission" for
the title "Pennsylvania Fish and Boat Commission" on its
documents and materials on such schedule as it deems
appropriate.
§ 323. Publications.
The executive director may have printed the annual report of
the commission as it relates to this title and such bulletins,
literature, posters and other printing as may be appropriate to
the work of the commission relating to this title including the
magazine known as the Pennsylvania Angler. The commission [shall
from time to time establish the subscription rates] may not
establish, impose or collect a fee for the Pennsylvania Angler
[and charges for] or its other publications relating to this
title. All publications published by the commission shall be
nonpartisan.
§ 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
Commonwealth. The first commissioner shall be the executive
director of the Division of Fish and Boats within the
Pennsylvania Game and Fish [and Boat] 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
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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 Division of Fish and Boats within the Pennsylvania Game
and Fish [and Boat] 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.
* * *
Section 3. The definitions of "commission", "director",
"migratory game bird" and "officer" in section 102 of Title 34
are amended and the section is amended by adding a definition 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
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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 Division of Game
within the Pennsylvania Game and Fish Commission or any person
to whom authority has been delegated by the director.
"Division." The Division of Game within the Pennsylvania
Game and Fish Commission of the Commonwealth.
* * *
"Migratory game bird." Any game bird defined in 50 CFR 20.11
(relating to meaning of terms), except as otherwise provided in
Pennsylvania Game and Fish Commission regulations.
* * *
"Officer." Any Game [Commission] Division officer or deputy
Game [Commission] Division officer appointed by the commission
or any other person with law enforcement powers who is
designated by the director to enforce this title.
* * *
Section 4. Chapter 3 heading and sections 301, 302, 303, 304
and 327(a) and (b)(2) of Title 34 are amended to read:
CHAPTER 3
PENNSYLVANIA GAME AND FISH COMMISSION AND DIVISION OF GAME
§ 301. Organization of commission and division.
(a) Composition.--
(1) The independent administrative commission known as
the Pennsylvania Game and Fish Commission shall consist of
[eight] 18 competent citizens of this Commonwealth [who]. The
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Division of Game is established within the commission.
(2) Eight of the members of the commission shall be well
informed on the subject of wildlife conservation and
restoration [and who].
(3) 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 this Commonwealth. The two
boatmen members shall represent the various geographical
sections and boating interests of this Commonwealth.
(4) Eight members of the commission 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 from
the various geographic fish and boat districts of this
Commonwealth as provided in subsection (b.1) so that at all
times one and only one member shall be a resident of each of
the fish and boat districts.
(5) All members 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 for game district members.--The eight
members of the commission specified in subsection (a)(2) 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 game 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,
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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,
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.
(b.1) Qualifications for fish and boat district members.--
The eight members of the commission specified in subsection (a)
(4) 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 fish and boat 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.
(c) Term of office and compensation.--The members of the
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.
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(a) Appointment.--The commission shall select a director of
the division. 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.
(c) Function.--The director shall be the chief
administrative officer of the [commission] division and attend
to its administrative work relating to this title and have
charge of all activities under the jurisdiction of the
[commission] division and this title. The director shall be the
chief Game [Commission] Division officer and shall direct,
supervise and control all employees of the [commission] division
and report to the commission any negligence, dereliction of duty
or incompetence on the part of any employee of the division,
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 relating to this title 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
relating to this title, 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
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advertisements. The publications shall at all times be
[maintained as a] nonpartisan [publication] and shall be made
available without charge.
(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] Division officers and employees.
(a) Appointment.--The director shall select competent
persons as Game [Commission] Division 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.
(c) Power and authority.--Every officer, employee or
representative of the commission in the exercise of their powers
and duties under this title shall have the right and authority
to go upon or enter any property, posted or otherwise, outside
of buildings.
§ 304. Deputy Game [Commission] Division officers.
(a) Appointment.--The commission may appoint deputy Game
[Commission] Division officers as necessary. Except as otherwise
provided, they shall possess the rights and powers given by law
to Game [Commission] Division officers and be subject to all
requirements and regulations, either of the law or of the
commission, controlling the action of Game [Commission] Division
officers.
(b) Compensation and expenses.--Deputy Game [Commission]
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Division 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.
(c) Collection of fees.--Any deputy Game [Commission]
Division officer 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.
§ 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] under this title.
(b) Specific projects.--
* * *
(2) One of the projects shall consist of a Pennsylvania
Game and Fish Commission program subject to the review of
both the Game and Fisheries Committee of the House of
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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.
Section 5. Section 901(b.1) of Title 34, amended February
15, 2018 (P.L.6, No.3), is 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
an electronic, mechanical or other device which has been
approved under 18 Pa.C.S. § 5706(b)(4) (relating to exceptions
to prohibitions in possession, sale, distribution, manufacture
or advertisement of electronic, mechanical or other devices) in
a course approved by the Pennsylvania State Police shall be an
investigative or law enforcement officer as defined under 18
Pa.C.S. § 5702 (relating to definitions). Such officers may wear
an electronic, mechanical or other device in the performance of
their official duties. This subsection shall not apply to a
deputy Game [Commission] Division officer or deputy wildlife
conservation officer.
* * *
Section 6. Section 902 of Title 34 is amended to read:
§ 902. Deputy Game [Commission] Division officers.
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] Division officers shall,
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unless further restricted by the director, exercise all the
powers and perform all the duties conferred by this title on
Game [Commission] Division 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] Division officers, including the right to issue
citations and field acknowledgments of guilt for violations.
Section 7. The following provisions shall apply:
(1) The members of the Pennsylvania Fish and Boat
Commission and the Pennsylvania Game Commission in office on
the effective date of this section shall constitute the
Pennsylvania Game and Fish Commission and shall hold their
offices as members of the Pennsylvania Game and Fish
Commission until their successors are appointed as provided
by 34 Pa.C.S. § 301 (relating to organization of commission
and division).
(2) The provisions of 34 Pa.C.S. § 301(c) insofar as
they impose limits on the numbers of terms or years of
service shall not apply to the members of the Pennsylvania
Game and Fish Commission in office on the effective date of
this section, who shall be eligible for reappointment without
regard to the limitations.
(3) All rules, regulations, orders, permits, decisions
and other actions of the Pennsylvania Fish and Boat
Commission or the Pennsylvania Game Commission shall remain
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in full force and effect until modified, repealed, suspended,
superseded or otherwise changed by appropriate action of the
Pennsylvania Game and Fish Commission.
(4) After the effective date of this section, the
Pennsylvania Game and Fish Commission shall recycle or
continue to use any forms, stationery, business cards or
other office supplies or materials which contain references
to the Pennsylvania Fish and Boat Commission or the
Pennsylvania Game Commission until the time these existing
supplies and materials are depleted. Existing signs on which
the Pennsylvania Fish and Boat Commission or the Pennsylvania
Game Commission designation appears shall not be changed
until the existing signs become worn and require replacement.
Section 8. Any reference in any other law or regulation in
effect on the effective date of this section to the Pennsylvania
Fish and Boat Commission or the Pennsylvania Game Commission
shall be deemed to be a reference to the Pennsylvania Game and
Fish Commission.
Section 9. This act shall take effect January 1, 2020.
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