Amendment vs bill Senate Amendment A00042 vs Printer's No. 0195

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PRIOR PRINTER'S NO.
S0147B0125A00042 NAD:BTW 02/04/19 #90 A00042 AMENDMENTS TO SENATE BILL NO.
125 PRINTER'S NO.
147 Sponsor:
195 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
SENATOR SCARNATI Printer's No.
147 2019 INTRODUCED BY LAUGHLIN, BREWSTER, STREET AND YAW, FEBRUARY 1, 2019 SENATOR LAUGHLIN, GAME AND FISHERIES, AS AMENDED, FEBRUARY 5, 2019 AN ACT Amending Title 34 (Game) of the Pennsylvania Consolidated Statutes, IN PENNSYLVANIA GAME COMMISSION, FURTHER PROVIDING <-- FOR ACCOUNTABILITY;
125 Amend Bill, page 1, line 2, by inserting after "Statutes," in Pennsylvania Game Commission, further providing for accountability and, Amend Bill, page 1, lines 8 and 9, by striking out all of said lines and inserting Section 1.
AND, in hunting and furtaking, further providing for hunting on Sunday prohibited, providing for hunting on Sunday and further providing for trespass on private property while hunting.
Sections 328 and 2303 of Title 34 of the Pennsylvania Consolidated Statutes are amended by adding subsections to read:
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.
Section 2303 of Title 34 of the Pennsylvania <-- Consolidated Statutes is amended by adding a subsection to read:
SECTION 1.
SECTIONS 328 AND 2303 OF TITLE 34 OF THE <-- PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED BY ADDING SUBSECTIONS TO READ:
ACCOUNTABILITY.
Accountability.
* * * (F) FINANCIAL ANALYSIS.-- (1) WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THIS SUBSECTION, THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE SHALL PREPARE A FINANCIAL ANALYSIS OF FEES, FINES, PENALTIES, ROYALTIES, FEDERAL AND STATE APPROPRIATIONS AND OTHER SOURCES OF REVENUE RECEIVED BY THE COMMISSION AND OF EXPENDITURES, INCLUDING ANNUAL OPERATING COSTS, INVESTMENTS, LAND PURCHASES AND CAPITAL PROJECTS TO CARRY OUT THE FINANCIAL ANALYSIS UNDER THIS SUBSECTION:
* * * (f) Financial analysis.-- (1) Within 180 days of the effective date of this subsection, the Legislative Budget and Finance Committee shall prepare a financial analysis of fees, fines, penalties, royalties, Federal and State appropriations and other sources of revenue received by the commission and of expenditures, including annual operating costs, investments, land purchases and capital projects to carry out the financial analysis under this subsection:
(I) THE COMMISSION SHALL PROVIDE RECORDS, FINANCIAL STATEMENTS AND OTHER DOCUMENTS REFLECTING THE REVENUE AND EXPENDITURES SUBJECT TO THE FINANCIAL ANALYSIS UNDER THIS SUBSECTION.
(i) The commission shall provide records, financial statements and other documents reflecting the revenue and expenditures subject to the financial analysis under this subsection.
(II) THE COMMISSION SHALL RESPOND TO INQUIRIES AND REQUESTS FOR INFORMATION FROM THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE IN A TIMELY MANNER.
(ii) The commission shall respond to inquiries and requests for information from the Legislative Budget and Finance Committee in a timely manner.
(III) THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE SHALL INCLUDE ITS MOST RECENT PERFORMANCE AUDIT UNDER SECTION 522(B) (RELATING TO APPROPRIATION AND AUDIT OF MONEYS).
(iii) The Legislative Budget and Finance Committee shall include its most recent performance audit under section 522(b) (relating to appropriation and audit of moneys).
(2) THE FINANCIAL ANALYSIS SHALL BE SUBMITTED TO THE PRESIDENT PRO TEMPORE OF THE SENATE, CHAIR OF THE GAME AND FISHERIES COMMITTEE OF THE SENATE, SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE CHAIR OF THE GAME AND FISHERIES COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
(2) The financial analysis shall be submitted to the president pro tempore of the Senate, chair of the Game and Fisheries committee of the Senate, speaker of the House of Representatives and the chair of the Game and Fisheries Committee of the House of Representatives.
THE FINANCIAL ANALYSIS SHALL BE PUBLIC INFORMATION.
The financial analysis shall be public information.
§ 2303.
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Hunting on Sunday prohibited.
* * * (d) Expiration.--This section shall expire upon the publication of the regulation under section 2303.1(b) (relating to hunting on Sunday).
Section 2.
Title 34 is amended by adding a section to read:
§ 2303.1.
Hunting on Sunday.
(a) General rule.--The commission may institute Sunday 20190SB0147PN0195 - 2 - hunting by regulation promulgated in accordance with section 2102 (relating to regulations).
(b) Applicability.--It shall be lawful for a person to hunt for any furbearer or game on Sunday on and after the publication of the final regulation under subsection (a).
Section 3.
Section 2314 of Title 34 is amended to read:
§ 2314.
Trespass on private property while hunting.
[(a) General rule.--Any person who while violating any provision of this title or any regulations promulgated under this title and who in addition is found to be trespassing as defined in 18 Pa.C.S.
§ 3503 (relating to criminal trespass) shall be in violation of this section.
(b) Penalty.--A violation of this section:
(1) A violation of this section is a summary offense of the fifth degree.
(2) A second or subsequent violation of this section within a seven-year period is a summary offense of the fifth degree and may result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of one year.] (a) General rule.--A person, while engaged in hunting or furtaking, commits an offense if, knowing that the person is not licensed or privileged to do so, the person:
(1) enters or remains on any land of another without authorization to do so, when the land is posted in a manner prescribed by law or reasonably likely to come to the person's attention or is fenced or enclosed in a manner manifestly designed to exclude trespassers;
or (2) enters or remains on any land of another without authorization and defies an order not to enter or to leave 20190SB0147PN0195 - 3 - that has been personally communicated to the person by the owner of the land or other authorized person.
(b) Penalty.--An offense under this section shall be graded as follows:
(1) A person who violates subsection (a)(1) commits a summary offense of the third degree.
(2) A person who violates subsection (a)(2) commits a misdemeanor.
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(3) A person who commits a second or subsequent violation of this section within a seven-year period commits a misdemeanor, and the second or subsequent violation shall result in forfeiture of the privilege to hunt or take game or wildlife anywhere within this Commonwealth for a period of one year.
Section 4.
This act shall take effect in 60 days.
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