Regular Session 2023-2024 Senate Bill 0067 P.N. 1686

PRIOR PRINTER'S NOS. 345, 1437

PRINTER'S NO. 1686

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

Session of

2023

INTRODUCED BY LAUGHLIN, ROBINSON AND BREWSTER, FEBRUARY 21, 2023

AS AMENDED ON THIRD CONSIDERATION, JUNE 5, 2024

AN ACT

Amending Title 34 (Game) of the Pennsylvania Consolidated

Statutes, IN PENNSYLVANIA GAME COMMISSION, FURTHER PROVIDING

FOR ORGANIZATION OF COMMISSION; IN GAME OR WILDLIFE

PROTECTION, FURTHER PROVIDING FOR REPORT TO COMMISSION

OFFICER AND FOR SURRENDER OF CARCASS TO COMMISSION OFFICER;

in hunting and furtaking, repealing provisions relating to

hunting on Sunday prohibited, providing for hunting on Sunday

and further providing for the offense of trespass on private

property while hunting and for hunting on Sunday without

written permission.; AND, IN SPECIAL LICENSES AND PERMITS,

PROVIDING FOR AGRICULTURE ACCESS PERMIT LIST.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2303 of Title 34 of the Pennsylvania

Consolidated Statutes is repealed:

SECTION 1. SECTION 301(A) AND (B) INTRODUCTORY PARAGRAPH OF

TITLE 34 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED

AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 301. ORGANIZATION OF COMMISSION.

(A) COMPOSITION.--THE INDEPENDENT ADMINISTRATIVE COMMISSION

KNOWN AS THE PENNSYLVANIA GAME COMMISSION SHALL CONSIST OF

[NINE] 10 COMPETENT CITIZENS OF THIS COMMONWEALTH WHO SHALL BE

WELL INFORMED ON THE SUBJECT OF WILDLIFE CONSERVATION AND

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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] ONE MEMBER OF THE COMMISSION

SHALL BE KNOWN AS THE AGRICULTURAL COMMISSIONER AT LARGE. THE

AGRICULTURAL COMMISSIONER AT LARGE SHALL REPRESENT THE INTEREST

OF AGRICULTURAL COMMODITIES THAT PERTAIN TO NORMAL AGRICULTURAL

OPERATIONS AND WILDLIFE. THE REMAINING 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:

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(E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"AGRICULTURAL COMMISSIONER AT LARGE." AN INDIVIDUAL WHO

RAISES AN AGRICULTURAL COMMODITY AND WHO OWNS OR LEASES A NORMAL

AGRICULTURAL OPERATION.

"AGRICULTURAL COMMODITY." AS DEFINED IN SECTION 2 OF THE ACT

OF JUNE 10, 1982 (P.L.454, NO.133), ENTITLED "AN ACT PROTECTING

AGRICULTURAL OPERATIONS FROM NUISANCE SUITS AND ORDINANCES UNDER

CERTAIN CIRCUMSTANCES."

"NORMAL AGRICULTURAL OPERATION." AS DEFINED IN SECTION 2 OF

THE ACT OF JUNE 10, 1982 (P.L.454, NO.133), ENTITLED "AN ACT

PROTECTING AGRICULTURAL OPERATIONS FROM NUISANCE SUITS AND

ORDINANCES UNDER CERTAIN CIRCUMSTANCES."

SECTION 2. SECTIONS 2122 AND 2125 OF TITLE 34 ARE AMENDED TO

READ:

§ 2122. REPORT TO COMMISSION OFFICER.

ANY PERSON WHO KILLS ANY GAME OR WILDLIFE, OTHER THAN

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RACCOONS, UNDER THE PROVISIONS OF THIS SUBCHAPTER SHALL, WITHIN

24 HOURS, REPORT, ORALLY OR IN WRITING, THE KILLING TO AN

OFFICER OF THE COMMISSION. THE REPORT SHALL SET FORTH THE DATE,

TIME AND PLACE OF THE KILLING, THE NUMBER OF SPECIES KILLED

[AND], THE SEX OF THE SPECIES[.] AND THE LOCATION OF EACH

CARCASS. THE COMMISSION SHALL ESTABLISH A SELF-REPORTING SYSTEM

THAT ALLOWS A PERSON ASSIGNED TO REMOVE DEER FOR CROP DAMAGE

PURPOSES TO REPORT EACH HARVEST TO AN OFFICER OF THE COMMISSION

VIA A TOLL-FREE TELEPHONE NUMBER, ONLINE APPLICATION OR PUBLICLY

ACCESSIBLE INTERNET WEBSITE.

§ 2125. SURRENDER OF CARCASS [TO COMMISSION OFFICER].

EXCEPT AS OTHERWISE PROVIDED IN THIS SUBCHAPTER, THE ENTIRE

CARCASS, INCLUDING THE HEAD AND HIDE[,] OF ALL BIG GAME ANIMALS

AND THE ENTIRE CARCASS OF ANY OTHER GAME OR WILDLIFE, OTHER THAN

RACCOONS, LESS ENTRAILS, SHALL BE MADE AVAILABLE, UNLESS

OTHERWISE DIRECTED BY AN OFFICER OF THE COMMISSION, INTACT[,

LESS ENTRAILS,] TO ANY COMMISSION OFFICER CALLING FOR THEM[.] OR

DELIVERED TO A PROCESSOR FOR FINAL DISPOSITION. AS USED IN THIS

SECTION, THE TERM "PROCESSOR" MEANS A LOCATION SPECIFIED BY THE

COMMISSION THAT IS WILLING TO ACCEPT DONATIONS OF ANIMALS TAKEN

UNDER THIS CHAPTER.

SECTION 3. SECTION 2303 OF TITLE 34 IS REPEALED:

[§ 2303. Hunting on Sunday prohibited.

(a) General rule.--Except as otherwise provided in this

title, it is unlawful for any person to hunt for any furbearer

or game on Sunday.

(b) Construction of section.--This section shall not be

construed to prohibit:

(1) The training of dogs.

(2) The participation in dog trials as provided for in

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this title.

(3) The removal of lawfully taken game or wildlife from

traps or the resetting of the traps on Sunday.

(b.1) Exceptions.--Subsection (a) shall not apply to:

(1) The hunting of foxes.

(2) The hunting of coyotes.

(3) Any hunting which occurs on noncommercial regulated

hunting grounds holding a valid permit under section 2928(b)

(2) (relating to regulated hunting grounds permits).

(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.

(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.

offense of the fifth degree.]

Section 2 4. Title 34 is amended by adding a section to

read:

§ 2303.1. Hunting on Sunday.

(a) General rule.--The commission may institute Sunday

hunting by regulation promulgated in accordance with section

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2102 (relating to regulations).

(b) Applicability.-- Authority to hunt for big game on any

Sunday instituted by the commission under subsection (a) 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 a

lessee.

for any furbearer or game on Sunday on and after the publication

of the final regulation under subsection (a).

Section 3 5. Sections 2314(a), (b) and (c) and 2315(a) of

Title 34 are amended to read:

§ 2314. Trespass on private property while hunting.

(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

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[.];

(3) enters or remains on any land of another without

authorization to do so, when the land is fenced or enclosed

in a manner manifestly designed to exclude trespassers; or

(4) subject to subsection (b), enters or remains on any

land of another without authorization to do so when notice

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against trespass is given by the placement of identifying

purple paint marks on trees or posts on the property, which

are:

(i) vertical lines of not less than eight inches in

length and not less than one inch in width;

(ii) placed in a manner so that the bottom of the

mark is not less than three feet from the ground and not

more than five feet from the ground; and

(iii) placed at locations that are readily visible

to a person approaching the property and no more than 100

feet apart.

(b) Applicability.--

(1) This section shall not apply to an unarmed person

who enters onto posted property for the sole purpose of

retrieving a hunting dog.

(2) Subsection (a)(4) shall not apply in a county of the

first class or a county of the second class .

as follows:

(1) A person who violates subsection (a)(1), (3) or (4)

commits a summary offense of the [third degree.] second

degree and shall MAY result in forfeiture of the privilege to

hunt or take game or wildlife anywhere within this

Commonwealth for a period of up to one year .

(2) A person who violates subsection (a)(2) commits a

misdemeanor[.] and shall result in forfeiture of the

privilege to hunt or take game or wildlife anywhere within

this Commonwealth for a period of three years .

(3) A person who commits a second or subsequent

violation of this section within a seven-year period commits

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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] five years.

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§ 2315. Hunting on Sunday without written permission.

(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)] 2303.1 (relating to hunting on Sunday), the

person enters private land without obtaining written permission

of the landowner, an agent of the landowner or lessee.

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SECTION 6. TITLE 34 IS AMENDED BY ADDING A SECTION TO READ:

§ 2931. AGRICULTURE ACCESS PERMIT LIST.

(A) PERMIT LIST.--THE COMMISSION SHALL CREATE THE

AGRICULTURE ACCESS PERMIT LIST TO CONNECT LICENSED HUNTERS WITH

PRIVATE AGRICULTURAL LANDOWNERS FOR THE PURPOSE OF CROP DAMAGE

MEDIATION.

(B) APPLICATIONS.--AN INDIVIDUAL MAY SUBMIT AN APPLICATION

FOR PLACEMENT ON THE LIST AND A PERMIT UNDER THIS SECTION IN A

FORM AND MANNER DETERMINED BY THE COMMISSION. THE COMMISSION

SHALL PROVIDE AN APPLICANT WITH THE OPTION OF APPLYING FOR

PLACEMENT ON THE LIST AND A PERMIT UNDER THIS SECTION WHEN THE

APPLICANT IS PURCHASING THE APPLICANT'S HUNTING LICENSE. THE

FOLLOWING SHALL APPLY:

(1) BY SELECTING THE OPTION SPECIFIED UNDER THIS

SUBSECTION, THE APPLICANT SHALL GIVE THE COMMISSION THE RIGHT

TO SHARE THE INFORMATION AUTHORIZED UNDER SUBSECTION (D) UPON

APPROVAL OF THE APPLICATION.

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(2) THE APPLICANT MAY REAPPLY FOR PLACEMENT ON THE LIST

AND A PERMIT UNDER THIS SECTION BASED ON THE CRITERIA UNDER

SUBSECTION (C).

LIST AND A PERMIT UNDER THIS SECTION, AN APPLICANT SHALL MEET

ALL OF THE FOLLOWING CRITERIA AT THE TIME OF SUBMISSION OF THE

APPLICATION UNDER SUBSECTION (B):

(1) HAS NOT COMMITTED AN OFFENSE UNDER THIS TITLE IN THE

PRIOR SEVEN YEARS.

(2) BE 18 YEARS OF AGE OR OLDER.

(3) FURNISH PROOF OF A VALID HUNTING LICENSE AND TAGS

FOR THE GAME OR WILDLIFE THAT THE APPLICANT WILL BE HUNTING

ON THE ELIGIBLE HUNTING GROUNDS.

(D) RETENTION OF RECORDS.--THE COMMISSION SHALL RETAIN ALL

OF THE FOLLOWING:

(1) THE NAME OF EACH APPLICANT AND CORRESPONDING RECORDS

CONTAINING EACH APPLICANT'S NAME, TELEPHONE NUMBER AND

MUNICIPALITY.

(2) EACH APPLICATION APPROVED UNDER SUBSECTION (E).

(3) EACH APPLICATION DISAPPROVED UNDER SUBSECTION (E)

AND REASONS FOR THE DISAPPROVAL. NOTWITHSTANDING THE ACT OF

FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW

LAW, OR ANY OTHER PROVISION OF LAW, THE COMMISSION MAY NOT

PUBLICLY DISCLOSE THE REASONS FOR THE DISAPPROVAL OF AN

APPLICATION.

(E) NOTICE.--THE COMMISSION SHALL, VIA TELEPHONE, FIRST

CLASS MAIL OR EMAIL, NOTIFY AN APPLICANT WHO HAS BEEN APPROVED

OR DISAPPROVED FOR PLACEMENT ON THE LIST AND A PERMIT UNDER THIS

SECTION.

(F) DURATION.--THE COMMISSION SHALL ISSUE A PERMIT UNDER

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THIS SECTION IN ACCORDANCE WITH THE DURATION OF THE LICENSE

PERIOD UNDER SECTION 2707 (RELATING TO LICENSE PERIODS). UPON

THE EXPIRATION OF THE LICENSE PERIOD, THE COMMISSION SHALL

REMOVE EACH PERMITTEE FROM THE LIST.

(G) LANDOWNERS.--A PRIVATE AGRICULTURAL LANDOWNER MAY

REQUEST THE LIST FROM THE COMMISSION, INCLUDING EACH PERMITTEE'S

NAME, TELEPHONE NUMBER, MUNICIPALITY AND COUNTY PREFERENCE.

(H) GUIDELINES.--A PERMITTEE SHALL ADHERE TO GUIDELINES

SPECIFIED BY A PRIVATE AGRICULTURAL LANDOWNER WHEN CONDUCTING

HUNTING ACTIVITIES ON THE LANDOWNER'S PROPERTY IF THE GUIDELINES

ARE IN ACCORDANCE WITH THE COMMISSION'S REGULATIONS, INCLUDING

ALL OF THE FOLLOWING:

(1) SPECIFIC DAYS ACCESS IS ALLOWED TO THE PROPERTY.

(2) SPECIFIC GAME SPECIES OR SEX OF GAME SPECIES THAT

ARE AVAILABLE FOR HARVEST.

(I) BOUNDARIES.--THE BOUNDARIES OF THE PREMISES COVERED BY A

PERMIT UNDER THIS SECTION AS ELIGIBLE HUNTING GROUNDS SHALL BE

GROUNDS WHICH ARE OWNED BY A PRIVATE AGRICULTURAL LANDOWNER WHO

ENTERED INTO AN AGREEMENT WITH A PERMITTEE TO CONDUCT HUNTING

ACTIVITIES ON THE LANDOWNER'S LAND.

(J) TERMINATION OF ACCESS.--A PRIVATE AGRICULTURAL LANDOWNER

MAY TERMINATE AN AGREEMENT SPECIFIED UNDER SUBSECTION (I) FOR

ANY REASON AT ANY TIME IF THE LANDOWNER PROVIDES 24 HOURS'

NOTICE OF THE TERMINATION TO A PERMITTEE. UPON THE PRIVATE

AGRICULTURAL LANDOWNER PROVIDING NOTICE UNDER THIS SUBSECTION,

THE PERMITTEE SHALL CEASE HUNTING ACTIVITIES ON THE LANDOWNER'S

LAND.

(K) REMOVAL FROM LIST.--A PERMITTEE SHALL RELINQUISH THE

PERMITTEE'S PLACEMENT ON THE LIST AND PERMIT UNDER THIS SECTION

IF THE PERMITTEE:

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(1) COMMITS AN OFFENSE UNDER THIS TITLE;

(2) FAILS TO COMPLY WITH GUIDELINES UNDER SUBSECTION

(H); OR

(3) SUBMITS A REQUEST TO THE COMMISSION TO BE REMOVED

FROM THE LIST.

(L) LIMITATIONS.--THE COMMISSION SHALL LIMIT THE LIST FOR

THE PURPOSES SPECIFIED UNDER THIS SECTION, INCLUDING CONNECTING

LICENSED HUNTERS WITH PRIVATE AGRICULTURAL LANDOWNERS. THE

COMMISSION MAY NOT SHARE THE LIST IN A MANNER NOT SPECIFIED

UNDER THIS SECTION.

(M) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"APPLICANT." AN INDIVIDUAL WHO SUBMITS AN APPLICATION UNDER

SUBSECTION (B) FOR PLACEMENT ON THE LIST AND A PERMIT UNDER THIS

SECTION.

"ELIGIBLE HUNTING GROUNDS." HUNTING GROUNDS THAT ARE LOCATED

ON ANY OF THE FOLLOWING:

(1) PRIVATELY OWNED LAND.

(2) LAND AND WATER COMBINED WHERE THE GROUND IS WHOLLY,

OR IN PART, REGULARLY AND CONTINUOUSLY ENGAGED IN CULTIVATING

THE SOIL FOR GENERAL FARM CROP PURPOSES, COMMERCIAL TRUCK

GROWING, COMMERCIAL ORCHARDS OR COMMERCIAL NURSERIES.

"LIST." THE AGRICULTURE ACCESS PERMIT LIST CREATED UNDER

SUBSECTION (A).

"PERMITTEE." AN INDIVIDUAL WHO HAS BEEN PLACED ON THE LIST

AND HOLDS A PERMIT UNDER THIS SECTION.

Section 4 7. This act shall take effect as follows:

(1) The repeal of 34 Pa.C.S. § 2303 shall take effect on

the publication of regulations by the commission under 34

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Pa.C.S. § 2303.1.

(2) This section shall take effect immediately.

(3) The remainder of this act shall take effect in 60

days.

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