Post by melody on May 7, 2014 16:51:13 GMT -5
House Game and Fisheries Committee
5/7/14, 9:00 a.m., Room G-50 Irvis Office Building
By Jeff Cox, PLS
The committee met to consider one bill.
HB 2199 Keller, Mark - (PN 3425) Amends Title 34 (Game) further providing for unlawful activities by removing the prohibition on refusing to answer certain questions of the commission regarding animals. Effective in 60 days. - The bill was unanimously reported as committed.
Greg Raffensperger, the committee's executive director, provided a brief overview of the legislation. He explained that the issue came to light when Rep. Keller's constituent was charged under this section of the law during an investigation of a possible killing of a deer. Raffensperger further explained that the constituent successfully fought the charge based on his constitutional right and the court and the county prosecutor's office both agreed with his constitutional argument. He pointed out that "the Game Commission has stated publicly that this is one of the more archaic elements in the state's Game Law and has pledged not to use it any longer."
Steve Smith, the legislative liaison for the Pennsylvania Game Commission, explained that the section in question is limited in scope and applied only to agricultural damage protection from deer. He further explained that the Commission looked through its records and found only two or three cases in the past couple of decades where someone was cited under this section. Smith noted that with the case cited by Raffensperger, the Commission, the Attorney General and the District Attorney all declined to prosecute because of the constitutional question. He told committee members, "We certainly support any attempt to clarify the language in the Code regarding constitutional issues and this is a good instance to do so."
5/7/14, 9:00 a.m., Room G-50 Irvis Office Building
By Jeff Cox, PLS
The committee met to consider one bill.
HB 2199 Keller, Mark - (PN 3425) Amends Title 34 (Game) further providing for unlawful activities by removing the prohibition on refusing to answer certain questions of the commission regarding animals. Effective in 60 days. - The bill was unanimously reported as committed.
Greg Raffensperger, the committee's executive director, provided a brief overview of the legislation. He explained that the issue came to light when Rep. Keller's constituent was charged under this section of the law during an investigation of a possible killing of a deer. Raffensperger further explained that the constituent successfully fought the charge based on his constitutional right and the court and the county prosecutor's office both agreed with his constitutional argument. He pointed out that "the Game Commission has stated publicly that this is one of the more archaic elements in the state's Game Law and has pledged not to use it any longer."
Steve Smith, the legislative liaison for the Pennsylvania Game Commission, explained that the section in question is limited in scope and applied only to agricultural damage protection from deer. He further explained that the Commission looked through its records and found only two or three cases in the past couple of decades where someone was cited under this section. Smith noted that with the case cited by Raffensperger, the Commission, the Attorney General and the District Attorney all declined to prosecute because of the constitutional question. He told committee members, "We certainly support any attempt to clarify the language in the Code regarding constitutional issues and this is a good instance to do so."