PRINTER'S NO. 772
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.746
Session of
2025
INTRODUCED BY MALONEY, HAMM, ROWE AND ZIMMERMAN, MARCH 3, 2025
REFERRED TO COMMITTEE ON GAME AND FISHERIES, MARCH 3, 2025
AN ACT
Amending Titles 30 (Fish) and 34 (Game) of the Pennsylvania
Consolidated Statutes, in Pennsylvania Fish and Boat
Commission, further providing for organization of commission;
and, in Pennsylvania Game Commission, further providing for
organization of commission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 301(a) and (d) of Title 30 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
§ 301. Organization of commission.
(a) Composition.--
(1) The Pennsylvania Fish and Boat Commission is
continued as an independent administrative commission and
shall consist of ten competent citizens of this Commonwealth
who shall be appointed by the Governor [ by and with the
advice and consent of a majority of the members elected to
the Senate.] for each district as provided under paragraph
(2) .
(2) Members of the commission shall meet the
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20 qualifications under subsection (b) and shall be selected for
appointment under paragraph (1) as follows:
(i) The two at-large members shall be appointed by
the Governor.
(ii) Except as provided under subparagraph (i), the
members shall be selected for appointment as follows:
(A) For each member position that is or will be
open in a district, each sportsmen's group may
nominate one individual for commission membership
within 30 days of the provision of notification under
paragraph (3)(i).
(B) For each member position that is or will be
open in a district, each sportsman may, within 30
days of the provision of notification under paragraph
(3)(iii), cast a vote for one individual for the
district from the individuals under clause (A). Each
sportsman may vote for one candidate only for each
member position that is or will be open in the
district.
(C) The following shall apply:
(I) The names of the candidates receiving
the three highest vote totals under clause (B)
from each district shall be submitted by the
department, within 10 days of the conclusion of
voting under clause (B), to the Governor for a
member seat that is or will be open.
(II) Except a s provided under subclause
(III), the Governor shall, within 30 days of the
receipt of candidate names under subclause (I),
appoint one member from the individuals receiving
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30 the three highest vote totals for each district
that has a member seat that is or will be open.
(III) The Governor may, for cause, refuse to
appoint a member from the individuals receiving
the three highest vote totals under clause (B).
If the Governor refuses to appoint a member as
provided under this subclause, the Governor
shall, within 30 days of receipt of candidate
names under subclause (I) , notify the department
that he or she refuses to appoint a member and
the reason for the refusal. The department shall,
within 1 0 days of the receipt of the Governor's
notice, submit to the Governor the names of the
individuals receiving the fourth, fifth and sixth
highest vote totals under clause (B) . The
Governor shall, within 14 days of the receipt of
the names under this subclause, appoint one
member from the individuals receiving the fourth,
fifth and sixth highest vote totals.
(IV) Upon appointment by the Governor the
candidate shall be confirmed, and the results of
the selection process under clauses (A) and (B)
ratified, within five legislative days by a
majority vote of the respective members of the
committees. A majority vote in opposition to the
appointment by either chamber shall result in the
Governor choosing from the remaining individuals
with the highest vote totals under clauses (B)
and (C) within 14 days of receipt of their names.
A majority vote in opposition to the selection
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30 process by either chamber shall reinitiate the
provision of notification under paragraph (3)(i).
Failure to hold a vote to confirm the appointment
or ratify the selection process by either of the
committees within five legislative days shall be
deemed to be confirmation of the commissioner's
appointment and ratification of the selection
process.
(V) Following two consecutive votes in
opposition by either of the committees for a
commissioner appointment of a district, the
Governor shall appoint a nominee within the top
six vote recipients under clauses (B) and (C),
within 14 days or receipt of the vote in
opposition, who has not been denied confirmation
by the legislature. The third and final nominee
shall be confirmed without legislative approval.
(D) If an individual is not nominated under this
subparagraph, the member for the district shall be
appointed by the Governor.
(3) The department shall:
(i) Provide notification to e ach sportsmen's group
in each district, from the sportsmen's groups listed
within the compilation prepared under subparagraph (v),
that the sportsmen's group may nominate one individual
for commission membership for the district and the
procedure for making nominations. Notification shall be
provided as follows:
(A) At least 90 days prior to the end of the
term of a member for the district.
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30 (B) Within 10 days of the death, resignation or
removal from office of a member for the district.
(C) Via certified mail to the mailing address of
the sportsmen's group.
(D) Via a notice in a newspaper of general
circulation within the district.
(ii) Establish a procedure to provide for and
collect the nominations under paragraph (2)(ii)(A) and
compile the results of the nominations.
(iii) Provide notification of the results under
subparagraph (ii) to the sportsmen via a notice on the
department's publicly accessible Internet website and
within a newspaper of general circulation within the
district wherein commissions nominations occurred.
Notification shall be provided within 10 days of
compilation of results under subparagraph (ii).
Notification shall include instruction on how and where
to cast a vote as established under paragraph (2)(ii).
(iv) Establish a procedure using the point-of-sale
locations where a sportsman may receive a license to
provide for and collect the votes under paragraph (2)(ii)
(B) and compile the results of the votes.
(v) Compile a list of sportsmen's groups within this
Commonwealth. The list shall contain the name of the
sportsmen's group and the mailing address of the
sportsmen's group and shall separate the sportsmen's
groups into the respective district where the sportsmen's
groups are located. The list shall be provided annually
to the director of the commission and the chair and
minority chair of the committees. The list shall be made
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30 publicly available on the department's publicly
accessible Internet website, and updated quarterly.
Sportsmen's groups may petition to be placed on the list
via an application available through the department's
publicly accessible Internet website or any other manner
as determined by the department.
* * *
(d) Vacancies.--Upon the death, resignation or removal from
office of any member, [ the Governor shall appoint a competent
person] a competent person shall be selected for appointment as
provided under subsection (a)(2) to serve for the unexpired
term.
* * *
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Committees." The Game and Fisheries Committee of the Senate
and the Game and Fisheries Committee of the House of
Representatives.
"Department." The Department of Conservation and Natural
Resources of the Commonwealth.
"Newspaper of general circulation." A newspaper, as defined
in 45 Pa.C.S. § 101 (relating to definitions), which is
published and circulated in the district where the nominations
and voting will be held.
"Notification." Publication in a newspaper of general
circulation and posting on the department's publicly accessible
Internet website.
"Sportsman." A resident angler or boater who:
(1) is a citizen of the United States;
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30 (2) is at least 18 years of age;
(3) has been issued a resident adult fishing license or
voluntary youth fishing license in this Commonwealth for the
past three consecutive years; and
(4) resides in the district in which voting under
subsection (a)(2)(ii)(B) is being conducted.
"Sportsmen's group." A not-for-profit membership group or
organization which is located in the district in which
nominations under subsection (a)(2)(ii)(A) are being conducted
and whose purpose or mission is to do all of the following:
(1) Protect and promote this Commonwealth's outdoor
heritage and history.
(2) Provide opportunity for and participate in fishing,
boating and the conservation of aquatic species and habitat.
Section 2. Section 301(a) and (d) of Title 34 are amended
and the section is amended by adding a subsection to read:
§ 301. Organization of commission.
(a) Composition.--
(1) The independent administrative commission known as
the Pennsylvania Game Commission shall consist of nine
competent citizens of this Commonwealth who shall be well
informed on the subject of wildlife conservation and
restoration and who shall be appointed by the Governor[ , by
and with the advice and consent of a majority of the elected
members of the Senate. ] for each district as provided under
paragraph (2) .
(2) Members of the commission shall meet the
qualifications under subsection (b) and shall be selected for
appointment under paragraph (1) as follows:
(i) For each member position that is or will be open
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30 in a district, each sportsmen's group may nominate one
individual for commission membership within 30 days of
the provision of notification under paragraph (3)(i).
(ii) For each member position that is or will be
open in a district, each sportsman may, within 30 days of
the provision of notification under paragraph (3)(iii),
cast a vote for one individual for the district from the
individuals nominated under subparagraph (i). Each
sportsman may vote for one candidate only for each member
position that is or will be open in the district.
(iii) The following shall apply:
(A) The names of the candidates receiving the
three highest vote totals under subparagraph (ii)
from each district shall be submitted by the
department, within 10 days of the conclusion of
voting under subparagraph (ii), to the Governor for a
member seat that is or will be open.
(B) Except a s provided under clause (C), the
Governor shall, within 30 days of the receipt of
candidate names under clause (A), appoint one member
from the individuals receiving the three highest vote
totals for each district that has a member seat that
is or will be open.
(C) The Governor may, for cause, refuse to
appoint a member from the individuals receiving the
three highest vote totals under subparagraph (ii). If
the Governor refuses to appoint a member as provided
under this clause, the Governor shall, within 30 days
of receipt of candidate names under clause (A) ,
notify the department that he or she refuses to
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30 appoint a member and the reason for the refusal. The
department shall, within 1 0 days of the receipt of
the Governor's notice, submit to the Governor the
names of the individuals receiving the fourth, fifth
and sixth highest vote totals under subparagraph
(ii) . The Governor shall, within 14 days of the
receipt of the names under this clause, appoint one
member from the individuals receiving the fourth,
fifth and sixth highest vote totals.
(iv) If an individual is not nominated under this
paragraph, the member for the district shall be appointed
by the Governor.
(v) Upon appointment by the Governor the candidate
shall be confirmed, and the results of the selection
process under subparagraphs (i) and (ii) ratified, within
five legislative days by a majority vote of the
committees. A majority vote in opposition to the
appointment or selection process by either chamber shall
result in the Governor choosing from the remaining
individuals under clauses (B) and (C) with the highest
vote totals within 14 days of receipt of their names. A
majority vote in opposition to the selection process by
either chamber shall reinitiate the provision of
notification under subparagraph (i). Failure to hold a
confirmation vote by either of the committees within five
legislative days shall be deemed to be confirmation of
the commissioner's appointment and ratification of the
selection process.
(vi) Following two consecutive votes in opposition
by the committees for a commissioner appointment of a
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30 district, the Governor shall appoint a nominee within the
top six vote recipients with clauses (B) and (C), within
14 days of receipt of the vote in opposition, who has not
been denied confirmation by the legislature. This third
and final nominee shall be confirmed without legislative
approval.
(3) The department shall:
(i) Provide notification to e ach sportsmen's group
in each district, from the sportsmen's groups listed
within the compilation prepared under subparagraph (v),
that the sportsmen's group may nominate one individual
for commission membership for the district and the
procedure for making nominations. Notification shall be
provided as follows:
(A) At least 90 days prior to the end of the
term of a member for the district.
(B) Within 10 days of the death, resignation or
removal from office of a member for the district.
(C) Via certified mail to the mailing address of
the sportsmen's group.
(D) Via a notice in a newspaper of general
circulation within the district.
(ii) Establish a procedure to provide for and
collect the nominations under paragraph (2)(i) and
compile the results of the nominations.
(iii) Provide notification of the results under
subparagraph (ii) to the sportsmen via a notice on the
department's publicly accessible Internet website and
within a newspaper of general circulation within the
district where commission nominations occurred.
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30 Notification shall be provided within 10 days of the
compilation of results under subparagraph (ii).
Notification shall include instruction on how and where
to cast a vote as established under subparagraph (ii).
(iv) Establish a procedure using the point-of-sale
locations where a sportsman may receive a license to
provide for and collect the votes under paragraph (2)(ii)
and compile the results of the votes.
(v) Compile a list of sportsmen's groups within this
Commonwealth. The list shall contain the name of the
sportsmen's group and the mailing address of the
sportsmen's group, and shall separate the sportsmen's
groups into the respective districts where the
sportsmen's groups are located. The list shall be
provided annually to the director of the commission and
the chair and minority chair of the committees. The list
shall be made publicly available on the department's
publicly accessible Internet website and updated
annually. Sportsmen's groups may petition to be placed on
the list via an application available through the
department's publicly accessible Internet website or any
other manner as determined by the department.
* * *
(d) Vacancies.--Upon the death, resignation or removal from
office of any person so appointed, [ the Governor shall appoint a
competent person to serve for the unexpired term as provided in
subsection (a).] a competent person shall be selected for
appointment as provided under subsection (a)(2).
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
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30 subsection unless the context clearly indicates otherwise:
"Committees." The Game and Fisheries Committee of the Senate
and the Game and Fisheries Committee of the House of
Representatives.
"Department." The Department of Conservation and Natural
Resources of the Commonwealth.
"Newspaper of general circulation." A newspaper, as defined
in 45 Pa.C.S. § 101 (relating to definitions), which is
published and circulated in the district where the nominations
and voting will be held.
"Notification." Publication in a newspaper of general
circulation and posting on the department's publicly accessible
Internet website.
"Sportsman." A resident hunter or furtaker who:
(1) is a citizen of the United States;
(2) is at least 18 years of age;
(3) has been issued a resident adult hunting license or
junior hunting license in this Commonwealth for each of the
past three consecutive years; and
(4) resides in the district in which voting under
subsection (a)(2)(ii) is being conducted.
"Sportsmen's group." A not-for-profit membership group or
organization which is located in the district in which
nominations under subsection (a)(2)(i) are being conducted and
whose purpose or mission is to do all of the following:
(1) Protect and promote this Commonwealth's outdoor
heritage and history.
(2) Provide opportunity for and participate in hunting,
trapping and the conservation of wildlife and wildlife
habitat.
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30 Section 3. The following shall apply:
(1) The amendment or addition of 30 Pa.C.S. § 301(a),
(d) and (g) shall apply to members of the Pennsylvania Fish
and Boat Commission who, beginning on the effective date of
this section, are starting a new term or are filling a
vacancy due to the death, resignation or removal from office
of a member.
(2) The amendment or addition of 34 Pa.C.S. § 301(a),
(d) and (e) shall apply to members of the Pennsylvania Game
Commission who, beginning on the effective date of this
section, are starting a new term or are filling a vacancy due
to the death, resignation or removal from office of a member.
Section 4. The Governor's Advisory Council for Hunting,
Fishing and Conservation established by Executive Order No.
2015-13, 4 Pa. Code Ch. 6 Subch. AAA, has no authority to select
and appoint commissioners of the Pennsylvania Game Commission or
Pennsylvania Fish and Game Commission.
Section 5. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
The addition of 30 Pa.C.S. § 301(a)(3)(v).
The addition of 34 Pa.C.S. § 301(a)(3)(v).
(2) Sections 3 and 4 of this act shall take effect
immediately.
(3) This section shall take effect immediately.
(4) The remainder of this act shall take effect in one
year.
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