HOUSE GAME AND FISHERIES COMMITTEE

3-23-04

The Committee met to consider three bills.

HB 2002 (Hanna) Amends Title 34 (Game) by further providing for powers and duties of enforcement officers. The bill specifically adds that an officer, when "in the performance of duty," can pursue, apprehend, or arrest an individual suspected of violating Title 75 (relating to vehicles). The bill was reported as committed by a 13-12 vote. Representatives Martin Causer (R-McKean), Gordon Denlinger (R-Lancaster), John Evans (R-Erie), Teresa Forcier (R-Crawford), Matt Good (R-Erie), Sam Rohrer (R-Berks), Rod Wilt (R-Mercer), Joseph Petrarca (D-Westmoreland), Harry Readshaw (D-Allegheny), James Shaner (D-Fayette), Dan Surra (R-Elk) and Mark McNaughton (R-Dauphin) all voted against the legislation.

HB 2003 (Hanna) Amends Title 30 (Fish) by further providing for powers and duties of waterways conservation officers. The bill specifically adds that an officer, when "in the performance of duty," can pursue, apprehend, or arrest an individual suspected of violating Title 75 (relating to vehicles). The bill was reported as committed by a 13-12 vote. Representatives Martin Causer (R-McKean), Gordon Denlinger (R-Lancaster), John Evans (R-Erie), Teresa Forcier (R-Crawford), Matt Good (R-Erie), Sam Rohrer (R-Berks), Rod Wilt (R-Mercer), Joseph Petrarca (D-Westmoreland), Harry Readshaw (D-Allegheny), James Shaner (D-Fayette), Dan Surra (R-Elk) and Mark McNaughton (R-Dauphin) all voted against the legislation.

Rep. Mike Hanna (D-Clinton) explained that these two bills enhance the law enforcement abilities of the Fish and Boat and Game Commissions to pursue violators beyond state lands. He noted that the PA Off-Highway Vehicle Association does not support the legislation.

Rep. Forcier inquired about authority the legislation grants to the Commissions. Rep. Hanna and a representative of the Game Commission clarified that the officers would be allowed to pursue a violator and arrest him/her off of state game lands. It was noted that the Game Commission supports the legislation.

Rep. Surra asked if HB 2002 would mean that Wildlife Conservation Officers (WCOs) would be able to enforce all of Title 75. Rep. Hanna noted that as written, the bill would allow WCOs to enforce all of Titles 18 and 75. The Game Commission added that by regulation, the Commission may only enforce certain provisions of Title 75 and only on state land, and the bill would extend that authority to all lands.

Rep. Gary Haluska (D-Cambria) commented that he was told that WCOs are allowed to enforce both Titles by training, but the Executive Director of the Commission does not want the Game Commission to be a police force because it does not have enough manpower. Chairman Bruce Smith (R-Jefferson) noted that the legislation does not grant them broad police powers, but only the power to pursue lawbreakers. But, Rep. Haluska countered, they already have that power. The Game Commission clarified that there has been a lot of confusion on this issue. It was noted that Title 75 grants WCOs the authority, but Title 18 specifically says that WCOs do not have the authority. The Attorney General told the Commission that if the Commission's regulating Title prohibits an action, then another Title couldn't grant authority for that action. Rep. Haluska then asked if the legislation were enacted, would the Executive Director have discretion on the enforcement of the law. This was affirmed. Chairman Smith noted that if the Executive Director chooses not to implement legislation passed by the legislature, he would be brought before the Committee to explain himself. Rep. Haluska then commented that WCOs are already overburdened and this may be asking too much of them.

Rep. Sheila Miller (R-Berks) inquired why the language "acting within the scope of the officer's employment" was replaced with "in the performance of duty". Rep. Hanna noted that change was made because legal decisions have ruled that the scope of employment is task specific, (meaning, if an officer writes a ticket for an unrelated offense while transporting a deer the ticket would be ruled invalid), whereas performance of duty includes all duties the officer may perform.

Rep. McNaughton inquired why the legislation grants the Commissions authority over all of Title 75 and not just as it relates to ATVs. Rep. Hanna stated that the legislation is so broad because all off-highway vehicles are the problem, not just ATVs. He noted that the Commission has stated that it will not enforce the entire Title, just those provisions that address the original intent of the legislation. Rep. McNaughton commented that it is hard to trust anyone not to use all of the power granted to it and the legislation is a "slippery slope".

Rep. Causer suggested that the bills be amended to state that the Commissions would have authority under Title 75 as it relates to ATVs. Rep. Hanna said he would be open to that, but the legislation must apply to all off-highway vehicles, such as snowmobiles and jeeps.

The Committee then favorably voted both bills out, with Rep. Hanna's word that he would draft amendments to be offered on the floor. Chairman Smith noted that although the previous discussion specifically pertained to HB 2002, it applies for HB 2003 as well.