PRIOR PRINTER'S NOS. 345, 1437, 1686
PRINTER'S NO. 1802
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
67
Session of
2023
INTRODUCED BY LAUGHLIN, ROBINSON AND BREWSTER, FEBRUARY 21, 2023
AS AMENDED ON THIRD CONSIDERATION, JULY 2, 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 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:
SECTION 1. SECTION 301(A) OF TITLE 34 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS AMENDED BY
ADDING SUBSECTIONS TO READ:
§ 301. Organization of commission.
(a) Composition.--[The] SUBJECT TO SUBSECTION (B.1), THE
independent administrative commission known as the Pennsylvania
Game Commission shall consist of [nine] 10 competent citizens of
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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] 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:
* * *
* * *
(B.1) ADDITIONAL CONSIDERATION.--THE GOVERNOR SHALL ENSURE
THAT AT LEAST ONE MEMBER OF THE COMMISSION REPRESENTS THE
INTEREST OF AGRICULTURAL COMMODITIES THAT PERTAIN TO NORMAL
AGRICULTURAL OPERATIONS AND WILDLIFE.
* * *
(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
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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
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.
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(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
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.
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(c) Penalty.--A violation of this section is a summary
offense of the fifth degree.]
Section 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
2102 (relating to regulations).
(b) Applicability.-- Authority to hunt 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.
(c) Lawful hunting.-- It shall be lawful for a person to hunt
for any furbearer or game on Sunday on and after the publication
of the final regulation under subsection (a).
Section 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
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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
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 .
(c) Penalty.--An offense under this section shall be graded
as follows:
(1) A person who violates subsection (a)(1), (3) or (4)
commits a summary offense of the [third degree.] second
degree and 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 .
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(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
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.
* * *
§ 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.
* * *
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
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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.
(2) The applicant may reapply for placement on the list
and a permit under this section based on the criteria under
subsection (c).
(c) Criteria.--In order to be eligible for placement on the
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
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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
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
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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:
(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
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subsection (a).
"Permittee." An individual who has been placed on the list
and holds a permit under this section.
Section 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
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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