HOUSE AMENDED
PRIOR PRINTER'S NOS. 345, 1437, 1686,
1802 PRINTER'S NO. 1947
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 67
Session of
2023
INTRODUCED BY LAUGHLIN, ROBINSON AND BREWSTER, FEBRUARY 21, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 8, 2024
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, in Pennsylvania Game Commission, further providing
3 for organization of commission; in game or wildlife
4 protection, further providing for report to commission
5 officer and for surrender of carcass to commission officer;
6 in hunting and furtaking, repealing provisions relating to
7 hunting on Sunday prohibited, providing for hunting on Sunday
8 and further providing for UNLAWFUL DEVICES AND METHODS, FOR <--
9 the offense of trespass on private property while hunting and
10 for hunting on Sunday without written permission; and, in
11 special licenses and permits, providing for agriculture
12 access permit list.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 301(a) of Title 34 of the Pennsylvania
16 Consolidated Statutes is amended and the section is amended by
17 adding subsections to read:
18 § 301. Organization of commission.
19 (a) Composition.--[The] Subject to subsection (b.1), the
20 independent administrative commission known as the Pennsylvania
21 Game Commission shall consist of nine competent citizens of this
22 Commonwealth who shall be well informed on the subject of
 1 wildlife conservation and restoration and who shall be appointed
2 by the Governor, by and with the advice and consent of a
3 majority of the elected members of the Senate.
4 * * *
5 (b.1) Additional consideration.--The Governor shall ensure
6 that at least one member of the commission represents the
7 interest of agricultural commodities that pertain to normal
8 agricultural operations and wildlife.
9 * * *
10 (e) Definitions.--As used in this section, the following
11 words and phrases shall have the meanings given to them in this
12 subsection unless the context clearly indicates otherwise:
13 "Agricultural commodity." As defined in section 2 of the act
14 of June 10, 1982 (P.L.454, No.133), entitled "An act protecting
15 agricultural operations from nuisance suits and ordinances under
16 certain circumstances."
17 "Normal agricultural operation." As defined in section 2 of
18 the act of June 10, 1982 (P.L.454, No.133), entitled "An act
19 protecting agricultural operations from nuisance suits and
20 ordinances under certain circumstances."
21 Section 2. Sections 2122 and 2125 of Title 34 are amended to
22 read:
23 § 2122. Report to commission officer.
24 Any person who kills any game or wildlife, other than
25 raccoons, under the provisions of this subchapter shall, within
26 24 hours, report, orally or in writing, the killing to an
27 officer of the commission. The report shall set forth the date,
28 time and place of the killing, the number of species killed
29 [and], the sex of the species[.] and the location of each
30 carcass. The commission shall establish a self-reporting system
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 1 that allows a person assigned to remove deer for crop damage
2 purposes to report each harvest to an officer of the commission
3 via a toll-free telephone number, online application or publicly
4 accessible Internet website.
5 § 2125. Surrender of carcass [to commission officer].
6 Except as otherwise provided in this subchapter, the entire
7 carcass, including the head and hide[,] of all big game animals
8 and the entire carcass of any other game or wildlife, other than
9 raccoons, less entrails, shall be made available, unless
10 otherwise directed by an officer of the commission, intact[,
11 less entrails,] to any commission officer calling for them[.] or
12 delivered to a processor for final disposition. As used in this
13 section, the term "processor" means a location specified by the
14 commission that is willing to accept donations of animals taken
15 under this chapter.
16 Section 3. Section 2303 of Title 34 is repealed:
17 [§ 2303. Hunting on Sunday prohibited.
18 (a) General rule.--Except as otherwise provided in this
19 title, it is unlawful for any person to hunt for any furbearer
20 or game on Sunday.
21 (b) Construction of section.--This section shall not be
22 construed to prohibit:
23 (1) The training of dogs.
24 (2) The participation in dog trials as provided for in
25 this title.
26 (3) The removal of lawfully taken game or wildlife from
27 traps or the resetting of the traps on Sunday.
28 (b.1) Exceptions.--Subsection (a) shall not apply to:
29 (1) The hunting of foxes.
30 (2) The hunting of coyotes.
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 1 (3) Any hunting which occurs on noncommercial regulated
2 hunting grounds holding a valid permit under section 2928(b)
3 (2) (relating to regulated hunting grounds permits).
4 (4) Hunting on three Sundays each calendar year, as
5 follows:
6 (i) One day of Sunday hunting shall be instituted by
7 the commission during the deer rifle season.
8 (ii) One day of Sunday hunting shall be instituted
9 by the commission during the Statewide deer archery
10 season.
11 (iii) One day of Sunday hunting as determined by the
12 commission shall be instituted by the commission.
13 Authority to hunt on any Sunday instituted by the commission
14 under this paragraph shall not apply to any person required
15 to secure a hunting license who attempts to hunt on private
16 land without obtaining written permission of the landowner,
17 an agent of the landowner or lessee.
18 (c) Penalty.--A violation of this section is a summary
19 offense of the fifth degree.]
20 Section 4. Title 34 is amended by adding a section to read:
21 § 2303.1. Hunting on Sunday.
22 (a) General rule.--The commission may institute Sunday
23 hunting by regulation promulgated in accordance with section
24 2102 (relating to regulations).
25 (b) Applicability.--Authority to hunt on any Sunday
26 instituted by the commission under subsection (a) shall not
27 apply to any person required to secure a hunting license who
28 attempts to hunt on private land without obtaining written
29 permission of the landowner, an agent of the landowner or a
30 lessee.
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 1 (c) Lawful hunting.--It shall be lawful for a person to hunt
2 for any furbearer or game on Sunday on and after the publication
3 of the final regulation under subsection (a).
4 SECTION 5. SECTION 2308(B) OF TITLE 34 IS AMENDED BY ADDING <--
5 A PARAGRAPH TO READ:
6 § 2308. UNLAWFUL DEVICES AND METHODS.
7 * * *
8 (B) EXCEPTIONS.--THE PROVISIONS OF SUBSECTION (A) SHALL NOT
9 APPLY TO:
10 * * *
11 (7) NATURAL DEER URINE FOR THE PURPOSES OF TAKING,
12 ATTEMPTING TO TAKE, ATTRACTING OR SCOUTING WILDLIFE THAT
13 MEETS ALL OF THE FOLLOWING CRITERIA:
14 (I) HAS NO DETECTABLE LEVELS OF CHRONIC WASTE
15 DISEASE PRIONS.
16 (II) IS LABELED AS BEING TESTED USING REAL-TIME
17 QUAKING INDUCED CONVERSION ASSAY OR ANOTHER COMMERCIALLY
18 AVAILABLE TESTING METHOD THAT DETECTS THE PRESENCE OF
19 CHRONIC WASTING DISEASE PRIONS. FOR THE PURPOSES OF THIS
20 SUBPARAGRAPH, THE DEPARTMENT OF AGRICULTURE MAY RANDOMLY
21 SELECT NATURAL DEER URINE PRODUCTS FOR TESTING ON A
22 BIANNUAL BASIS. THE DEPARTMENT OF AGRICULTURE SHALL PAY
23 FOR THE COSTS INCURRED FOR TESTING UNDER THIS
24 SUBPARAGRAPH.
25 Section 5 6. Sections 2314(a), (b) and (c) and 2315(a) of <--
26 Title 34 are amended to read:
27 § 2314. Trespass on private property while hunting.
28 (a) General rule.--A person, while engaged in hunting or
29 furtaking, commits an offense if, knowing that the person is not
30 licensed or privileged to do so, the person:
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 1 (1) enters or remains on any land of another without
2 authorization to do so, when the land is posted in a manner
3 prescribed by law or reasonably likely to come to the
4 person's attention [or is fenced or enclosed in a manner
5 manifestly designed to exclude trespassers; or];
6 (2) enters or remains on any land of another without
7 authorization and defies an order not to enter or to leave
8 that has been personally communicated to the person by the
9 owner of the land or other authorized person[.];
10 (3) enters or remains on any land of another without
11 authorization to do so, when the land is fenced or enclosed
12 in a manner manifestly designed to exclude trespassers; or
13 (4) subject to subsection (b), enters or remains on any
14 land of another without authorization to do so when notice
15 against trespass is given by the placement of identifying
16 purple paint marks on trees or posts on the property, which
17 are:
18 (i) vertical lines of not less than eight inches in
19 length and not less than one inch in width;
20 (ii) placed in a manner so that the bottom of the
21 mark is not less than three feet from the ground and not
22 more than five feet from the ground; and
23 (iii) placed at locations that are readily visible
24 to a person approaching the property and no more than 100
25 feet apart.
26 (b) Applicability.--
27 (1) This section shall not apply to an unarmed person
28 who enters onto posted property for the sole purpose of
29 retrieving a hunting dog.
30 (2) Subsection (a)(4) shall not apply in a county of the
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 1 first class or a county of the second class.
2 (c) Penalty.--An offense under this section shall be graded
3 as follows:
4 (1) A person who violates subsection (a)(1), (3) or (4)
5 commits a summary offense of the [third degree.] second
6 degree and may result in forfeiture of the privilege to hunt
7 or take game or wildlife anywhere within this Commonwealth
8 for a period of up to one year.
9 (2) A person who violates subsection (a)(2) commits a
10 misdemeanor[.] and shall result in forfeiture of the
11 privilege to hunt or take game or wildlife anywhere within
12 this Commonwealth for a period of three years.
13 (3) A person who commits a second or subsequent
14 violation of this section within a seven-year period commits
15 a misdemeanor, and the second or subsequent violation shall
16 result in forfeiture of the privilege to hunt or take game or
17 wildlife anywhere within this Commonwealth for a period of
18 [one year] five years.
19 * * *
20 § 2315. Hunting on Sunday without written permission.
21 (a) General rule.--A person required to secure a hunting
22 license to hunt commits an offense if, while engaged in hunting
23 on Sunday under section [2303(b.1)(4) (relating to hunting on
24 Sunday prohibited)] 2303.1 (relating to hunting on Sunday), the
25 person enters private land without obtaining written permission
26 of the landowner, an agent of the landowner or lessee.
27 * * *
28 Section 6 7. Title 34 is amended by adding a section to <--
29 read:
30 § 2931. Agriculture access permit list.
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 1 (a) Permit list.--The commission shall create the
2 agriculture access permit list to connect licensed hunters with
3 private agricultural landowners for the purpose of crop damage
4 mediation.
5 (b) Applications.--An individual may submit an application
6 for placement on the list and a permit under this section in a
7 form and manner determined by the commission. The commission
8 shall provide an applicant with the option of applying for
9 placement on the list and a permit under this section when the
10 applicant is purchasing the applicant's hunting license. The
11 following shall apply:
12 (1) By selecting the option specified under this
13 subsection, the applicant shall give the commission the right
14 to share the information authorized under subsection (d) upon
15 approval of the application.
16 (2) The applicant may reapply for placement on the list
17 and a permit under this section based on the criteria under
18 subsection (c).
19 (c) Criteria.--In order to be eligible for placement on the
20 list and a permit under this section, an applicant shall meet
21 all of the following criteria at the time of submission of the
22 application under subsection (b):
23 (1) Has not committed an offense under this title in the
24 prior seven years.
25 (2) Be 18 years of age or older.
26 (3) Furnish proof of a valid hunting license and tags
27 for the game or wildlife that the applicant will be hunting
28 on the eligible hunting grounds.
29 (d) Retention of records.--The commission shall retain all
30 of the following:
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 1 (1) The name of each applicant and corresponding records
2 containing each applicant's name, telephone number and
3 municipality.
4 (2) Each application approved under subsection (e).
5 (3) Each application disapproved under subsection (e)
6 and reasons for the disapproval. Notwithstanding the act of
7 February 14, 2008 (P.L.6, No.3), known as the Right-to-Know
8 Law, or any other provision of law, the commission may not
9 publicly disclose the reasons for the disapproval of an
10 application.
11 (e) Notice.--The commission shall, via telephone, first
12 class mail or email, notify an applicant who has been approved
13 or disapproved for placement on the list and a permit under this
14 section.
15 (f) Duration.--The commission shall issue a permit under
16 this section in accordance with the duration of the license
17 period under section 2707 (relating to license periods). Upon
18 the expiration of the license period, the commission shall
19 remove each permittee from the list.
20 (g) Landowners.--A private agricultural landowner may
21 request the list from the commission, including each permittee's
22 name, telephone number, municipality and county preference.
23 (h) Guidelines.--A permittee shall adhere to guidelines
24 specified by a private agricultural landowner when conducting
25 hunting activities on the landowner's property if the guidelines
26 are in accordance with the commission's regulations, including
27 all of the following:
28 (1) Specific days access is allowed to the property.
29 (2) Specific game species or sex of game species that
30 are available for harvest.
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 1 (i) Boundaries.--The boundaries of the premises covered by a
2 permit under this section as eligible hunting grounds shall be
3 grounds which are owned by a private agricultural landowner who
4 entered into an agreement with a permittee to conduct hunting
5 activities on the landowner's land.
6 (j) Termination of access.--A private agricultural landowner
7 may terminate an agreement specified under subsection (i) for
8 any reason at any time if the landowner provides 24 hours'
9 notice of the termination to a permittee. Upon the private
10 agricultural landowner providing notice under this subsection,
11 the permittee shall cease hunting activities on the landowner's
12 land.
13 (k) Removal from list.--A permittee shall relinquish the
14 permittee's placement on the list and permit under this section
15 if the permittee:
16 (1) commits an offense under this title;
17 (2) fails to comply with guidelines under subsection
18 (h); or
19 (3) submits a request to the commission to be removed
20 from the list.
21 (l) Limitations.--The commission shall limit the list for
22 the purposes specified under this section, including connecting
23 licensed hunters with private agricultural landowners. The
24 commission may not share the list in a manner not specified
25 under this section.
26 (m) Definitions.--As used in this section, the following
27 words and phrases shall have the meanings given to them in this
28 subsection unless the context clearly indicates otherwise:
29 "Applicant." An individual who submits an application under
30 subsection (b) for placement on the list and a permit under this
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 1 section.
2 "Eligible hunting grounds." Hunting grounds t