PRINTER'S NO. 4221
No. 2794 Session of 2002
INTRODUCED BY HANNA, HERSHEY, ALLEN, D. EVANS, HALUSKA, CREIGHTON, DALEY, HARHAI, HORSEY, LAUGHLIN, LEVDANSKY, SOLOBAY, THOMAS, SEMMEL, B. SMITH, STABACK, YOUNGBLOOD AND SURRA, JULY 15, 2002
REFERRED TO COMMITTEE ON GAME AND FISHERIES, JULY 15, 2002
AN ACT
1 Amending Title 34 (Game) of the Pennsylvania Consolidated
2 Statutes, further providing for deterrent fences for deer,
3 bear and elk and the payment of claims for damages by certain
4 elk; imposing duties on the Department of Agriculture;
5 providing for the establishment of the Elk Damage Fund; and
6 making an appropriation.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 541 of Title 34 of the Pennsylvania
10 Consolidated Statutes is amended to read:
11 § 541. Authority to provide deterrent fences for deer.
12 [(a) Fences for deer or elk.--]In areas of this Commonwealth
13 where deer [and elk] are present on lands open to public hunting
14 and are, in a material way, injuring or destroying farm crops,
15 fruit orchards or commercial tree nurseries where ornamental or
16 fruit trees are grown for sale or regeneration on commercial
17 forest lands, the owners or lessees of such farms, fruit
18 orchards, commercial tree nurseries or commercial forest lands
19 may make application to the commission for assistance in the
1 erection of a deterrent fence. Except where produce is raised 2 for market on a commercial basis, the provisions of this section 3 shall not apply to gardens or truck patches. 4 [(b) Fences for bears.--In areas of this Commonwealth where 5 bears are present on lands open to public hunting and are, in a 6 material way, damaging or destroying beehives where ten or more 7 hives are placed at one location or imminent danger exists of 8 such damage or destruction, the owner of such beehives may make 9 application to the director for assistance in the erection of a 10 deterrent fence.] 11 Section 2. Title 34 is amended by adding sections to read: 12 Section 541.1. Authority to provide deterrent fences for bear. 13 In areas of this Commonwealth where bears are present on 14 lands open to public hunting and are, in a material way, 15 damaging or destroying beehives where ten or more hives are 16 placed at one location or imminent danger exists of such damage 17 or destruction, the owner of such beehives may make application 18 to the director for assistance in the erection of a deterrent 19 fence. 20 Section 541.2. Authority to provide deterrent fences for elk. 21 In areas of this Commonwealth where elk are present, the 22 owners or lessees of land which has been damaged or is likely to 23 be damaged by elk may make application to the commission for 24 assistance in the erection of deterrent fences. In investigating 25 applications under this section, the commission using standards 26 and priorities established by the Department of Agriculture 27 shall evaluate both the damage or potential for damage to the 28 land and the protection of the elk. This section applies to all 29 land whether used for commercial or noncommercial purposes. 30 Section 3. Section 543(b) of Title 34 is amended and the 20020H2794B4221 - 2 -
1 section is amended by adding a subsection to read: 2 § 543. Purchase of materials and construction. 3 * * * 4 (b) Construction of deer [or elk] deterrent fences.-- 5 (1) The commission may construct, or may enter into 6 contracts for the construction of, or enter into a written 7 agreement with the applicant for the construction of[, deer 8 or elk] deer deterrent fences on sites approved by the 9 commission. 10 (2) In making application for a deterrent fence under 11 the provisions of [this subsection] section 541 (relating to 12 authority to provide deterrent fences for deer), the 13 applicant shall agree to one of the following three fence 14 construction options: 15 (i) The commission may construct, or may contract 16 for the construction of, the deterrent fence. 17 (ii) The applicant may, within six months of 18 delivery of materials, construct the deterrent fence. 19 (iii) The applicant may contract with a third party 20 for the construction of the deterrent fence. 21 The commission may, by regulation, establish a baseline cost 22 per foot of fence. 23 (3) After any deterrent fence for deer is constructed 24 and approved by the commission under the option specified in 25 paragraph (2)(i), the commission shall pay for the cost of 26 installation, and the landowner or lessee shall then 27 reimburse the commission for 50% of the cost of installation. 28 * * * 29 (c.1) Construction of elk deterrent fence.-- 30 (1) The commission may construct, or may enter into 20020H2794B4221 - 3 -
1 contracts for the construction of, or enter into a written 2 agreement with the applicant for the construction of elk 3 deterrent fences on sites approved by the commission. 4 (2) In making application for a deterrent fence under 5 the provisions of section 541.2 (relating to authority to 6 provide deterrent fences for elk), the applicant shall agree 7 to one of the following four fence construction options: 8 (i) The commission may construct, or may contract 9 for the construction of, the deterrent fence. 10 (ii) The applicant may, within six months of 11 delivery of materials, construct the deterrent fence. 12 (iii) The applicant may contract with a third party 13 for the construction of the deterrent fence. 14 (iv) Any other procedures for the construction of 15 the elk deterrent fence agreed to by both the 16 landowner/lessee and the commission. 17 The commission may, by regulation, establish a baseline cost 18 per foot of fence. 19 * * * 20 Section 4. Section 544 of Title 34 is amended to read: 21 § 544. Maintenance, repair or replacement. 22 [All] (a) General rule.--Except as provided in subsection 23 (b), deterrent fences for deer and bear, after erection, shall 24 be maintained by the individuals interested, and the commission 25 shall bear no part of any future maintenance. 26 (b) Deterrent fences for elk.--Responsibility for the 27 maintenance of deterrent elk fencing shall be based on the 28 written agreement between the landowner/lessee and the 29 commission. 30 (c) Replacement of deterrent fences.--Replacement of the 20020H2794B4221 - 4 -
1 deterrent fences when worn out may be on the same basis as the 2 erection of the original fence. The commission shall decide when 3 the replacement deterrent fence is necessary. 4 Section 5. Title 34 is amended by adding sections to read: 5 § 548. Payment for elk damage. 6 (a) General rule.--The commission shall be responsible for 7 and may make payment for damage caused by elk within or outside 8 of areas protected by elk deterrent fences. Damage reports must 9 be submitted to an office of the commission within 48 hours of 10 discovery. The commission shall investigate all complaints of 11 elk damage within 24 hours of receipt of a damage claim. The 12 refusal of a claimant to erect elk deterrent fence or the 13 killing of an elk by a claimant are relevant factors in 14 determining whether to pay an elk damage claim. 15 (b) Source of funds for payments.--All costs associated with 16 the purchase and erection of elk deterrent fencing and the 17 payment of approved elk damage claims shall be paid from the Elk 18 Damage Fund established in subsection (c). 19 (c) Elk Damage Fund.-- 20 (1) There is hereby established within the State 21 Treasury a special fund to be known as the Elk Damage Fund 22 which shall be used for the purchase, construction or 23 maintenance of elk deterrent fences and for the payment of 24 elk damage claims arising under subsection (a). 25 (2) All moneys deposited into the Elk Damage Fund are 26 hereby appropriated on a continuing basis to the Department 27 of Agriculture for the purposes specified in paragraph (1). 28 No moneys in the Elk Damage Fund shall lapse into the General 29 Fund at the close of each fiscal year until the balance in 30 the fund on June 30 of each fiscal year equals or exceeds 20020H2794B4221 - 5 -
1 $500,000. 2 (d) Review.--When the commission's officers and the claimant 3 cannot agree upon the value of the damages, the claimant may, 4 within ten days of the conclusion of discussions, request, in 5 writing, that the director review the matter as provided in 6 Subchapter E (relating to review procedures). 7 § 549. Unlawful acts. 8 (a) General rule.--It is unlawful for any landowner/lessee 9 to file a fraudulent claim for damage of any kind alleged to 10 have been done by elk or for any person to violate any other 11 provision of this subchapter. 12 (b) Penalties.--A person who collects or attempts to collect 13 a fraudulent claim for damage by elk contrary to this subchapter 14 commits a summary offense of the first degree. Any other 15 violation of this subchapter is a summary offense of the fifth 16 degree. 17 Section 6. Section 561 of Title 34 is amended to read: 18 § 561. Appointment of hearing examiner. 19 Within 15 days following receipt of a request for review 20 under section 545 (relating to request for review) or 554 21 (relating to request for review) or 548(e) (relating to payment 22 for elk damage), a hearing examiner designated by the director 23 shall select a location and a time for hearing the review, which 24 location shall be within the county of origin of the dispute. 25 The applicant for review or the commission officer investigating 26 the claim may, at the time of the review, appear personally or 27 with counsel to testify and present witnesses and evidence in 28 their behalf and to confront and examine witnesses. The hearing 29 shall be conducted in accordance with the provisions of Title 2 30 (relating to administrative law and procedure) and the 20020H2794B4221 - 6 -
1 regulations promulgated by the commission. 2 Section 7. The sum of $250,000, or as much thereof as may be 3 necessary, is hereby appropriated to the State Treasurer for the 4 fiscal year July 1, 2002, to June 30, 2003, for deposit into the 5 Elk Damage Fund. 6 Section 8. This act shall take effect immediately. F20L34RZ/20020H2794B4221 - 7 -