House G&F Committee Voting Meeting 4/28/14

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MEMORANDUM
All Game and Fisheries Committee Members
Representative Martin T. Causer, Majority Chairman

House Game and Fisheries Committee

VOTING MEETING - April 28, 2014

There will be a voting meeting of the House Game and Fisheries Committee on Monday, April 28, 2014 at 12:00 p.m. in Room 205 Ryan Office Building for the purpose of
discussing and considering the following legislation and any other business that may come before the committee.

House Bill 2143 (Haluska) Amends Title 30 (Fish) to combine the Fish Fund and Boat Fund of the PFBC into one fund to be known as the Fish and Boat Fund, allowing the agency greater flexibility in responding to the fiscal challenges.

House Bill 2169 (Gabler) Amends Title 34 (Game) to reauthorize the "Special Elk Conservation Tag" and create a separate special tag to be awarded through a state elk conservation organization via fundraiser to provide additional revenue for elk management and conservation.


House Bill 2118 (Moul) Amends Title 34 (Game) to define Wildlife Conservation Officers (WCO) as Law Enforcement Officers under the Wiretapping and Electronic
Surveillance Control Act, which would allow WCOs to use body cameras in the performance of their duties.

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House Game and Fisheries Committee
4/28/14, 12:00 p.m., 205 Ryan Office Building
By Kimberly Hess, PLS

The committee met to consider bills.


HB 2143 Haluska, Gary - (PN 3299) Amends Titles 30 (Fish) and 75 (Vehicles) eliminating the Fish Fund and the Boat Fund and establishing the Fish and Boat Fund. Provides for the use of the Fund and for expenditures from the Fund. Effective January 1, 2015. - The bill was unanimously reported as committed.

Minority Chairman Gary Haluska (D-Cambria) explained the Fish and Boat Commission operates out of two funds, the Fish Fund and the Boat Fund, and is required to do "accounting gymnastics" to determine how much funding for projects should come from each fund. His bill would grant the commission greater flexibility to that end and thus will save money. He remarked "most boaters fish, most fishermen boat."

Rep. Doyle Heffley (R-Carbon) asked for assurance that the commission will allot enough money to fishing interests, particularly regarding the raising and stocking of fish. Chairman Haluska indicated that subject is not touched, but reiterated that the hope is to save money for the commission. He said members believe Pennsylvania should raise trout and suggested the legislation would allow more flexibility with money to take care of the problems at the hatcheries.

Rep. Deberah Kula (D-Fayette) asked for further explanation of how funding is divided at the commission. Chairman Haluska explained the commission has to consider how much time of a project is spent on fish versus boat activities and do "accounting gymnastics" to make it work for how to get the money. He said this bill would allow the commission to draw funding from the Fish Fund, for example, if a project was more geared toward fishing activities.


HB 2169 Gabler, Matt - (PN 3558) Amends Title 34 (Game) reauthorizing the "Special Elk Conservation Tag" and creating a second special tag to be utilized by the Keystone Elk Country Alliance. A recipient selected to receive a license must be subjected to a background check prior to being awarded the license. Effective immediately. - The bill was unanimously reported as committed.

Rep. Matt Gabler (R-Clearfield) explained the bill reauthorizes the special elk license fundraiser, which sunset this year, and adds a tag to be awarded by the organization that runs the Elk Visitor Center for purposes of providing funds for elk education and habitat management. He noted he worked with the Game Commission on improvements to the program, including contracting language regarding the use of the funds.


HB 2178 Moul, Dan - (PN 3378) Amends Title 34 (Game) adding language providing the definition of "law enforcement officer" under Title 18, section 5704 (16)(iii) (relating to exceptions to the prohibition of interception and disclosure of communication) shall include wildlife conservation officers. Effective in 60 days. - The bill was unanimously reported as amended.

Rep. Dan Moul (R-Adams) explained he suggested that Wildlife Conservation Officers (WCOs) wear body cameras following the shooting of an on-duty officer. He said this practice was implemented, but halted by changes to the Wiretap Law. Rep. Moul opined the law should be clarified to allow WCOs to wear the cameras since they spend so much time away from their vehicles, which he said might "deflate some of the instances out in the field."

A06716 by Moul, includes Wildlife Conservation Officers of the Fish and Boat Commission. The amendment was unanimously adopted.

Rep. David Maloney (R-Berks) asked where the videos are stored and who has access to them. Counsel for the Game Commission explained the recordings will be kept on the hard drive of an officer's equipment in home office. Once the recording is uploaded, he said, it cannot be molested without affect. The recordings are kept for 180 days, he continued, and are auto-deleted at the end of that time. He noted the Game Commission is using the same systems that other law enforcement agencies use. Counsel said the videos would be accessible through litigation and by a supervisor responding to a complaint. He was not sure of access under the Right-To-Know Law, which Rep. Maloney opined ought to be known.

Rep. Moul asked if the videos could be used for training. Counsel confirmed the videos could be used for training, and the commission does intend to do so. He said the videos can be demonstrative of good and bad officer practices. Rep. Moul also suggested the presence of a camera may modify the behavior of the officer and the public. Counsel confirmed the cameras have had a deescalating effect on interactions

Chairman Martin Causer (R-McKean) wrapped up the meeting by reminding members that they will not be asked to vote on something they are not aware of in advance of a committee meeting. He explained a lot of misinformation has been circulating regarding threatened and endangered species and stream designation on the committee's agenda. He suggested members should be leery of the information some environmental groups are sending them.