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HOUSE AMENDED
PRIOR PRINTER'S NOS. 125, 195, 1066,
1283, 1329
PRINTER'S NO. 1354
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
147
Session of
2019
INTRODUCED BY LAUGHLIN, BREWSTER, STREET AND YAW,
FEBRUARY 1, 2019
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 30, 2019
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in Pennsylvania Game Commission, further providing
for accountability; and, in hunting and furtaking, further
providing for hunting on Sunday prohibited and for trespass
on private property while hunting. AND PROVIDING FOR HUNTING
ON SUNDAY WITHOUT WRITTEN PERMISSION.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 328 of Title 34 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 328. Accountability.
* * *
(f) Financial analysis.--
(1) Within 180 days of the effective date of this
subsection, the Legislative Budget and Finance Committee
shall prepare a financial analysis of fees, fines, penalties,
royalties, Federal and State appropriations and other sources
of revenue received by the commission and of expenditures,
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including annual operating costs, investments, land purchases
and capital projects to carry out the financial analysis
under this subsection:
(i) The commission shall provide records, financial
statements and other documents reflecting the revenue and
expenditures subject to the financial analysis under this
subsection.
(ii) The commission shall respond to inquiries and
requests for information from the Legislative Budget and
Finance Committee in a timely manner.
(iii) The Legislative Budget and Finance Committee
shall include its most recent performance audit under
section 522(b) (relating to appropriation and audit of
moneys).
(2) The financial analysis shall be submitted to the
president pro tempore of the Senate, chair of the Game and
Fisheries committee of the Senate, speaker of the House of
Representatives and the chair of the Game and Fisheries
Committee of the House of Representatives. The financial
analysis shall be public information.
Section 2. Section 2303(b.1) of Title 34 is amended by
adding a paragraph to read:
§ 2303. Hunting on Sunday prohibited.
* * *
(b.1) Exceptions.--Subsection (a) shall not apply to:
* * *
(4) Hunting on three Sundays each calendar year, as
follows:
(i) One day of Sunday hunting shall be instituted by
the commission during the deer rifle season.
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(ii) One day of Sunday hunting shall be instituted
by the commission during the Statewide deer archery
season.
(iii) One day of Sunday hunting as determined by the
commission shall be instituted by the commission.
AUTHORITY TO HUNT ON ANY SUNDAY INSTITUTED BY THE COMMISSION
UNDER THIS PARAGRAPH SHALL NOT APPLY TO ANY PERSON REQUIRED
TO SECURE A HUNTING LICENSE WHO ATTEMPTS TO HUNT ON PRIVATE
LAND WITHOUT OBTAINING WRITTEN PERMISSION OF THE LANDOWNER,
AN AGENT OF THE LANDOWNER OR LESSEE.
* * *
Section 3. Section 2314 of Title 34 is amended to read:
§ 2314. Trespass on private property while hunting.
[(a) General rule.--Any person who while violating any
provision of this title or any regulations promulgated under
this title and who in addition is found to be trespassing as
defined in 18 Pa.C.S. § 3503 (relating to criminal trespass)
shall be in violation of this section.
(b) Penalty.--A violation of this section:
(1) A violation of this section is a summary offense of
the fifth degree.
(2) A second or subsequent violation of this section
within a seven-year period is a summary offense of the fifth
degree and may result in forfeiture of the privilege to hunt
or take game or wildlife anywhere within this Commonwealth
for a period of one year.]
(a) General rule.--A person, while engaged in hunting or
furtaking, commits an offense if, knowing that the person is not
licensed or privileged to do so, the person:
(1) enters or remains on any land of another without
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authorization to do so, when the land is posted in a manner
prescribed by law or reasonably likely to come to the
person's attention or is fenced or enclosed in a manner
manifestly designed to exclude trespassers; or
(2) enters or remains on any land of another without
authorization and defies an order not to enter or to leave
that has been personally communicated to the person by the
owner of the land or other authorized person.
(B) APPLICABILITY.--THIS SECTION SHALL NOT APPLY TO AN
UNARMED PERSON WHO ENTERS ONTO POSTED PROPERTY FOR THE SOLE
PURPOSE OF RETRIEVING A HUNTING DOG.
(b) (C) Penalty.--An offense under this section shall be
graded as follows:
(1) A person who violates subsection (a)(1) commits a
summary offense of the third degree.
(2) A person who violates subsection (a)(2) commits a
misdemeanor.
(3) A person who commits a second or subsequent
violation of this section within a seven-year period commits
a misdemeanor, and the second or subsequent violation shall
result in forfeiture of the privilege to hunt or take game or
wildlife anywhere within this Commonwealth for a period of
one year.
(D) ENFORCEMENT.--THE DIRECTOR SHALL AUTHORIZE THE POLICE
DEPARTMENT OF EACH MUNICIPAL CORPORATION TO ASSIST IN THE
ENFORCEMENT OF THIS SECTION AS NECESSARY, IN ADDITION TO THOSE
UNDER SECTION 903 (RELATING TO DELEGATION OF ENFORCEMENT
POWERS).
SECTION 4. TITLE 34 IS AMENDED BY ADDING A SECTION TO READ:
§ 2315. HUNTING ON SUNDAY WITHOUT WRITTEN PERMISSION.
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(A) GENERAL RULE.--A PERSON REQUIRED TO SECURE A HUNTING
LICENSE TO HUNT COMMITS AN OFFENSE IF, WHILE ENGAGED IN HUNTING
ON SUNDAY UNDER SECTION 2303(B.1)(4) (RELATING TO HUNTING ON
SUNDAY PROHIBITED) , THE PERSON ENTERS PRIVATE LAND WITHOUT
OBTAINING WRITTEN PERMISSION OF THE LANDOWNER, AN AGENT OF THE
LANDOWNER OR LESSEE.
(B) PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A) COMMITS A
SUMMARY OFFENSE OF THE THIRD DEGREE.
Section 4 5. This act shall take effect immediately IN 90
DAYS.
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