Trial Engrossment of Amendment A03900 to House Bill 2107 P.N. 2691, Regular Session 2023-2024

A03900

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2107

Session of

2024

INTRODUCED BY STEELE, PROBST, DELLOSO, GUENST, HILL-EVANS, KHAN,

WAXMAN, STAMBAUGH, DALEY, FRIEL AND SCOTT, MARCH 14, 2024

REFERRED TO COMMITTEE ON GAME AND FISHERIES, MARCH 14, 2024

AN ACT

Amending Title 34 (Game) of the Pennsylvania Consolidated

Statutes, in enforcement, further providing for powers and

duties of enforcement officers; and, in protection of

property and persons, providing for mitigation of damage and

for registry of responsible hunters.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 25 of Title 34 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

Section 1. Section 901 of Title 34 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

§ 901. Powers and duties of enforcement officers.

* * *

(a.1) Citation prohibition.--Any officer whose duty it is to

enforce this title may not list any officer's home address on a

citation, special permit or any other official business issued

by the officer.

* * *

Section 2. Chapter 25 of Title 34 is amended by adding a

subchapter to read:

SUBCHAPTER C

MITIGATION OF DAMAGE

Sec.

2541. Definitions.

2542. Damage caused by deer or other game.

2543. Registry of responsible hunters.

§ 2541. Definitions.

The following words and phrases when used in this subchapter

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

context clearly indicates otherwise:

"Crops." As follows:

(1) Plants, including, but not limited to, ornamental

and fruit trees, that are cultivated for sale, production,

processing or subsistence.

(2) The term does not include wild plants.

"Registry." The registry of responsible hunters developed

and implemented under section 2543(a) (relating to registry of

responsible hunters).

§ 2542. Damage caused by deer or other game.

(a) Permissible actions.--If a deer or other game is causing

damage to crops, vegetables, livestock, poultry or beehives on

the private land owned, operated or leased by a farmer, the

farmer or an authorized agent of the farmer may, in accordance

with other State law:

(1) Kill and dress the deer or other game on the private

land.

(2) Contact the commission to report the killing and

dressing of the deer or other game because of the damage on

the private land.

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(3) Transport the carcass of the deer or other game to a

licensed processor without waiting for an authorized agent of

the commission to remove the deer or other game.

(b) Purpose.--The actions of the farmer or authorized agent

of the farmer described under subsection (a)(1) and (3) shall be

taken for the purpose of protecting crops, vegetables,

livestock, poultry or beehives on the private land owned,

operated or leased by the farmer and not for the purpose of food

consumption by the household of the farmer or authorized agent

of the farmer or of any other related benefit to the farmer or

authorized agent of the farmer.

construed to:

(1) Limit the authority of the commission or provide an

exclusive remedy for the killing, dressing or removal of deer

or other game.

(2) Limit the actions normally taken by a licensed

processor.

§ 2543. Registry of responsible hunters.

(a) Development, implementation and purpose.--Within two

years of the effective date of this subsection, the commission

shall develop and implement a registry of responsible hunters to

assist farmers with the killing and dressing of deer and other

game causing damage on the private land of farmers.

(b) Considerations.--In developing and implementing the

registry, the department shall address the following:

(1) How an individual who applies for a hunting license

may, at the time of application, opt to be listed on the

registry.

(2) How an individual with a hunting license may opt to

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be listed on the registry.

(3) The qualifications for an individual to be listed on

the registry, which shall include:

(i) The consent of the individual to be listed on

the registry.

(ii) The possession by the individual of a current

hunting license of this Commonwealth.

(iii) The lack of a record of any hunting violation

within the past five years.

(4) How an individual listed on the registry may request

removal from the registry at any time.

(5) The reasons for removal of an individual from the

registry, which shall include the following circumstances:

(i) The individual commits an offense under this

title.

(ii) The commission determines that the individual

has a record of a hunting violation within the past five

years.

(iii) The hunting license of the individual has

expired.

(6) How an individual with an expired hunting license

may reapply to be listed on the registry at the time of

application for a new hunting license or at any time after

receiving a new hunting license, as prescribed by the

commission.

(7) How to maintain the registry and update the registry

on a regular basis.

(8) How to provide access to information on the

registry, to facilitate the potential pairing of an

individual listed on the registry with a farmer or an

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authorized agent of a farmer in need of the services of the

individual, which may include:

(i) Providing information, upon reasonable request,

directly to the farmer or authorized agent of the farmer.

(ii) Providing information on the registry by

electronic means through password-protected access, as

prescribed by the commission.

(9) Privacy concerns regarding the sharing of

information regarding individuals listed on the registry or

seeking information from the registry.

(10) The contact between a farmer or authorized agent of

a farmer and an individual listed on the registry to achieve

the purposes described under section 2542 (relating to damage

caused by deer or other game), which shall include any

specific restrictions given by the farmer or authorized agent

of the farmer, including the days, times and locations that

the actions may be taken on the private land of the farmer.

(11) The termination of an agreement between a farmer or

authorized agent of a farmer and the individual listed on the

registry, at any time, by the farmer or authorized agent of

the farmer.

(12) Notice that a contractual obligation is not

automatically created merely because an individual is listed

on the registry or contacted as a result of being listed on

the registry.

(13) Notice that, if an agreement between a farmer or

authorized agent of a farmer and the individual listed on the

registry is reached, the individual becomes an authorized

agent of the farmer for the purposes of section 2542.

Section 2 3. This act shall take effect in 60 days.

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