Bill Text: PA HB480 | 2009-2010 | Regular Session | Introduced

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Bill Title: In fiscal affairs, further providing for deterrent fences for deer, bear and elk and the payment of claims for damages by certain elk; imposing duties on the Department of Agriculture; and providing for the establishment of the Elk Damage Fund.

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Introduced - Dead) 2009-02-18 - Referred to GAME AND FISHERIES [HB480 Detail]

Download: Pennsylvania-2009-HB480-Introduced.html

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PRINTER'S NO. 532
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 480 Session of2009
INTRODUCED BY HANNA, BRENNAN, CAUSER, CONKLIN, GEORGE, HALUSKA, KORTZ, KOTIK, MAHONEY, PHILLIPS, SOLOBAY, WALKO AND YOUNGBLOOD, FEBRUARY 18, 2009
REFERRED TO COMMITTEE ON GAME AND FISHERIES, FEBRUARY 18, 2009
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in fiscal affairs, further providing for deterrent
fences for deer, bear and elk and the payment of claims for
damages by certain elk; imposing duties on the Department of
Agriculture; and providing for the establishment of the Elk
Damage Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 541 of Title 34 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 541. Authority to provide deterrent fences for deer.
[(a) Fences for deer or elk.--]In areas of this Commonwealth
where deer [and elk] are present on lands open to public hunting
and are, in a material way, injuring or destroying farm crops,
fruit orchards or commercial tree nurseries where ornamental or
fruit trees are grown for sale or regeneration on commercial
forest lands, the owners or lessees of such farms, fruit
orchards, commercial tree nurseries or commercial forest lands
may make application to the commission for assistance in the
erection of a deterrent fence. Except where produce is raised
for market on a commercial basis, the provisions of this section
shall not apply to gardens or truck patches.
[(b) Fences for bears.--In areas of this Commonwealth where
bears are present on lands open to public hunting and are, in a
material way, damaging or destroying beehives where ten or more
hives are placed at one location or imminent danger exists of
such damage or destruction, the owner of such beehives may make
application to the director for assistance in the erection of a
deterrent fence.]
Section 2. Title 34 is amended by adding sections to read:
§ 541.1. Authority to provide deterrent fences for bear.
In areas of this Commonwealth where bears are present on
lands open to public hunting and are, in a material way,
damaging or destroying beehives where ten or more hives are
placed at one location or imminent danger exists of such damage
or destruction, the owner of such beehives may make application
to the director for assistance in the erection of a deterrent
fence.
§ 541.2. Authority to provide deterrent fences for elk.
In areas of this Commonwealth where elk are present, the
owners or lessees of land which has been damaged or is likely to
be damaged by elk may make application to the commission for
assistance in the erection of deterrent fences. In investigating
applications under this section, the commission using standards
and priorities established by the Department of Agriculture
shall evaluate both the damage or potential for damage to the
land and the protection of the elk. This section applies to all
land whether used for commercial or noncommercial purposes.
Section 3. Section 543(b) of Title 34 is amended and the
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section is amended by adding a subsection to read:
§ 543. Purchase of materials and construction.
* * *
(b) Construction of deer [or elk] deterrent fences.--
(1) The commission may construct, or may enter into
contracts for the construction of, or enter into a written
agreement with the applicant for the construction of[, deer
or elk] deer deterrent fences on sites approved by the
commission.
(2) In making application for a deterrent fence under
the provisions of [this subsection] section 541 (relating to
authority to provide deterrent fences for deer), the
applicant shall agree to one of the following three fence
construction options:
(i) The commission may construct, or may contract
for the construction of, the deterrent fence.
(ii) The applicant may, within six months of
delivery of materials, construct the deterrent fence.
(iii) The applicant may contract with a third party
for the construction of the deterrent fence.
The commission may, by regulation, establish a baseline cost
per foot of fence.
(3) After any deterrent fence for deer is constructed
and approved by the commission under the option specified in
paragraph (2)(i), the commission shall pay for the cost of
installation, and the landowner or lessee shall then
reimburse the commission for 50% of the cost of installation.
* * *
(c.1) Construction of elk deterrent fence.--
(1) The commission may construct, may enter into
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contracts for the construction of or enter into a written
agreement with the applicant for the construction of elk
deterrent fences on sites approved by the commission.
(2) In making application for a deterrent fence under
the provisions of section 541.2 (relating to authority to
provide deterrent fences for elk), the applicant shall agree
to one of the following four fence construction options:
(i) The commission may construct or may contract for
the construction of the deterrent fence.
(ii) The applicant may, within six months of
delivery of materials, construct the deterrent fence.
(iii) The applicant may contract with a third party
for the construction of the deterrent fence.
(iv) Any other procedures for the construction of
the elk deterrent fence agreed to by the landowner or
lessee and the commission.
The commission may, by regulation, establish a baseline cost
per foot of fence.
* * *
Section 4. Section 544 of Title 34 is amended to read:
§ 544. Maintenance, repair or replacement.
[All] (a) General rule.--Except as provided in subsection
(b), deterrent fences for deer and bear, after erection, shall
be maintained by the individuals interested, and the commission
shall bear no part of any future maintenance.
(b) Deterrent fences for elk.--Responsibility for the
maintenance of deterrent elk fencing shall be based on the
written agreement between the landowner or lessee and the
commission.
(c) Replacement of deterrent fences.--Replacement of the
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deterrent fences when worn out may be on the same basis as the
erection of the original fence. The commission shall decide when
the replacement deterrent fence is necessary.
Section 5. Title 34 is amended by adding sections to read:
§ 548. Payment for elk damage.
(a) General rule.--The commission shall be responsible for
and may make payment for damage caused by elk within or outside
of areas protected by elk deterrent fences. Damage reports must
be submitted to an office of the commission within 48 hours of
discovery. The commission shall investigate all complaints of
elk damage within 24 hours of receipt of a damage claim. The
refusal of a claimant to erect elk deterrent fencing or the
killing of an elk by a claimant are relevant factors in
determining whether to pay an elk damage claim.
(b) Source of funds for payments.--All costs associated with
the purchase and erection of elk deterrent fencing and the
payment of approved elk damage claims shall be paid from the Elk
Damage Fund established in subsection (c).
(c) Elk Damage Fund.--
(1) There is established within the State Treasury a
special fund to be known as the Elk Damage Fund which shall
be used for the purchase, construction or maintenance of elk
deterrent fences, for the payment of elk damage claims
arising under subsection (a) and for the costs of
implementation and staffing incurred by the Department of
Agriculture for implementation of this section.
(2) All moneys deposited into the Elk Damage Fund are
appropriated on a continuing basis to the Department of
Agriculture for the purposes specified in paragraph (1).
(d) Review.--When the commission's officers and the claimant
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cannot agree upon the value of the damages, the claimant may,
within ten days of the conclusion of discussions, request, in
writing, that the director review the matter as provided in
Subchapter E (relating to review procedures).
§ 549. Unlawful acts.
(a) General rule.--It is unlawful for any landowner or
lessee to file a fraudulent claim for damage of any kind alleged
to have been done by elk or for any person to violate any other
provision of this subchapter.
(b) Penalties.--A person who collects or attempts to collect
a fraudulent claim for damage by elk contrary to this subchapter
commits a summary offense of the first degree. Any other
violation of this subchapter is a summary offense of the fifth
degree.
Section 6. Section 561 of Title 34 is amended to read:
§ 561. Appointment of hearing examiner.
Within 15 days following receipt of a request for review
under section 545 (relating to request for review) [or], 554
(relating to request for review) or 548(d) (relating to payment
for elk damage), a hearing examiner designated by the director
shall select a location and a time for hearing the review, which
location shall be within the county of origin of the dispute.
The applicant for review or the commission officer investigating
the claim may, at the time of the review, appear personally or
with counsel to testify and present witnesses and evidence in
their behalf and to confront and examine witnesses. The hearing
shall be conducted in accordance with the provisions of Title 2
(relating to administrative law and procedure) and the
regulations promulgated by the commission.
Section 7. The Executive Director of the Pennsylvania Game
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Commission and the Secretary of Agriculture may enter into such
cooperative agreements as may be necessary to implement and
administer the provisions of 34 Pa.C.S. § 548.
Section 8. This act shall take effect immediately.
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