HB 746 — 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.

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
 1   Amending Titles 30 (Fish) and 34 (Game) of the Pennsylvania
 2      Consolidated Statutes, in Pennsylvania Fish and Boat
 3      Commission, further providing for organization of commission;
 4      and, in Pennsylvania Game Commission, further providing for
 5      organization of commission.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.     Section 301(a) and (d) of Title 30 of the
 9   Pennsylvania Consolidated Statutes are amended and the section
10   is amended by adding a subsection to read:
11   § 301.    Organization of commission.
12      (a)    Composition.--
13             (1)   The Pennsylvania Fish and Boat Commission is
14      continued as an independent administrative commission and
15      shall consist of ten competent citizens of this Commonwealth
16      who shall be appointed by the Governor [by and with the
17      advice and consent of a majority of the members elected to
18      the Senate.] for each district as provided under paragraph
19      (2).
20             (2)   Members of the commission shall meet the
 1    qualifications under subsection (b) and shall be selected for
 2    appointment under paragraph (1) as follows:
 3             (i)    The two at-large members shall be appointed by
 4        the Governor.
 5             (ii)    Except as provided under subparagraph (i), the
 6        members shall be selected for appointment as follows:
 7                    (A)   For each member position that is or will be
 8             open in a district, each sportsmen's group may
 9             nominate one individual for commission membership
10             within 30 days of the provision of notification under
11             paragraph (3)(i).
12                    (B)   For each member position that is or will be
13             open in a district, each sportsman may, within 30
14             days of the provision of notification under paragraph
15             (3)(iii), cast a vote for one individual for the
16             district from the individuals under clause (A). Each
17             sportsman may vote for one candidate only for each
18             member position that is or will be open in the
19             district.
20                    (C)   The following shall apply:
21                          (I)    The names of the candidates receiving
22                    the three highest vote totals under clause (B)
23                    from each district shall be submitted by the
24                    department, within 10 days of the conclusion of
25                    voting under clause (B), to the Governor for a
26                    member seat that is or will be open.
27                          (II)   Except as provided under subclause
28                    (III), the Governor shall, within 30 days of the
29                    receipt of candidate names under subclause (I),
30                    appoint one member from the individuals receiving

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 1                  the three highest vote totals for each district
 2                  that has a member seat that is or will be open.
 3                      (III)   The Governor may, for cause, refuse to
 4                  appoint a member from the individuals receiving
 5                  the three highest vote totals under clause (B).
 6                  If the Governor refuses to appoint a member as
 7                  provided under this subclause, the Governor
 8                  shall, within 30 days of receipt of candidate
 9                  names under subclause (I), notify the department
10                  that he or she refuses to appoint a member and
11                  the reason for the refusal. The department shall,
12                  within 10 days of the receipt of the Governor's
13                  notice, submit to the Governor the names of the
14                  individuals receiving the fourth, fifth and sixth
15                  highest vote totals under clause (B). The
16                  Governor shall, within 14 days of the receipt of
17                  the names under this subclause, appoint one
18                  member from the individuals receiving the fourth,
19                  fifth and sixth highest vote totals.
20                      (IV)    Upon appointment by the Governor the
21                  candidate shall be confirmed, and the results of
22                  the selection process under clauses (A) and (B)
23                  ratified, within five legislative days by a
24                  majority vote of the respective members of the
25                  committees. A majority vote in opposition to the
26                  appointment by either chamber shall result in the
27                  Governor choosing from the remaining individuals
28                  with the highest vote totals under clauses (B)
29                  and (C) within 14 days of receipt of their names.
30                  A majority vote in opposition to the selection

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 1                    process by either chamber shall reinitiate the
 2                    provision of notification under paragraph (3)(i).
 3                    Failure to hold a vote to confirm the appointment
 4                    or ratify the selection process by either of the
 5                    committees within five legislative days shall be
 6                    deemed to be confirmation of the commissioner's
 7                    appointment and ratification of the selection
 8                    process.
 9                          (V)   Following two consecutive votes in
10                    opposition by either of the committees for a
11                    commissioner appointment of a district, the
12                    Governor shall appoint a nominee within the top
13                    six vote recipients under clauses (B) and (C),
14                    within 14 days or receipt of the vote in
15                    opposition, who has not been denied confirmation
16                    by the legislature. The third and final nominee
17                    shall be confirmed without legislative approval.
18                    (D)   If an individual is not nominated under this
19              subparagraph, the member for the district shall be
20              appointed by the Governor.
21        (3)   The department shall:
22              (i)   Provide notification to each sportsmen's group
23        in each district, from the sportsmen's groups listed
24        within the compilation prepared under subparagraph (v),
25        that the sportsmen's group may nominate one individual
26        for commission membership for the district and the
27        procedure for making nominations. Notification shall be
28        provided as follows:
29                    (A)   At least 90 days prior to the end of the
30              term of a member for the district.

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 1                    (B)   Within 10 days of the death, resignation or
 2             removal from office of a member for the district.
 3                    (C)   Via certified mail to the mailing address of
 4             the sportsmen's group.
 5                    (D)   Via a notice in a newspaper of general
 6             circulation within the district.
 7             (ii)    Establish a procedure to provide for and
 8        collect the nominations under paragraph (2)(ii)(A) and
 9        compile the results of the nominations.
10             (iii)    Provide notification of the results under
11        subparagraph (ii) to the sportsmen via a notice on the
12        department's publicly accessible Internet website and
13        within a newspaper of general circulation within the
14        district wherein commissions nominations occurred.
15        Notification shall be provided within 10 days of
16        compilation of results under subparagraph (ii).
17        Notification shall include instruction on how and where
18        to cast a vote as established under paragraph (2)(ii).
19             (iv)    Establish a procedure using the point-of-sale
20        locations where a sportsman may receive a license to
21        provide for and collect the votes under paragraph (2)(ii)
22        (B) and compile the results of the votes.
23             (v)    Compile a list of sportsmen's groups within this
24        Commonwealth. The list shall contain the name of the
25        sportsmen's group and the mailing address of the
26        sportsmen's group and shall separate the sportsmen's
27        groups into the respective district where the sportsmen's
28        groups are located. The list shall be provided annually
29        to the director of the commission and the chair and
30        minority chair of the committees. The list shall be made

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 1            publicly available on the department's publicly
 2            accessible Internet website, and updated quarterly.
 3            Sportsmen's groups may petition to be placed on the list
 4            via an application available through the department's
 5            publicly accessible Internet website or any other manner
 6            as determined by the department.
 7      * * *
 8      (d)   Vacancies.--Upon the death, resignation or removal from
 9   office of any member, [the Governor shall appoint a competent
10   person] a competent person shall be selected for appointment as
11   provided under subsection (a)(2) to serve for the unexpired
12   term.
13      * * *
14      (g)   Definitions.--As used in this section, the following
15   words and phrases shall have the meanings given to them in this
16   subsection unless the context clearly indicates otherwise:
17      "Committees."    The Game and Fisheries Committee of the Senate
18   and the Game and Fisheries Committee of the House of
19   Representatives.
20      "Department."    The Department of Conservation and Natural
21   Resources of the Commonwealth.
22      "Newspaper of general circulation."      A newspaper, as defined
23   in 45 Pa.C.S. § 101 (relating to definitions), which is
24   published and circulated in the district where the nominations
25   and voting will be held.
26      "Notification."    Publication in a newspaper of general
27   circulation and posting on the department's publicly accessible
28   Internet website.
29      "Sportsman."     A resident angler or boater who:
30            (1)   is a citizen of the United States;

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 1            (2)   is at least 18 years of age;
 2            (3)   has been issued a resident adult fishing license or
 3      voluntary youth fishing license in this Commonwealth for the
 4      past three consecutive years; and
 5            (4)   resides in the district in which voting under
 6      subsection (a)(2)(ii)(B) is being conducted.
 7      "Sportsmen's group."       A not-for-profit membership group or
 8   organization which is located in the district in which
 9   nominations under subsection (a)(2)(ii)(A) are being conducted
10   and whose purpose or mission is to do all of the following:
11            (1)   Protect and promote this Commonwealth's outdoor
12      heritage and history.
13            (2)   Provide opportunity for and participate in fishing,
14      boating and the conservation of aquatic species and habitat.
15      Section 2.        Section 301(a) and (d) of Title 34 are amended
16   and the section is amended by adding a subsection to read:
17   § 301.   Organization of commission.
18      (a)   Composition.--
19            (1)   The independent administrative commission known as
20      the Pennsylvania Game Commission shall consist of nine
21      competent citizens of this Commonwealth who shall be well
22      informed on the subject of wildlife conservation and
23      restoration and who shall be appointed by the Governor[, by
24      and with the advice and consent of a majority of the elected
25      members of the Senate.] for each district as provided under
26      paragraph (2).
27            (2)   Members of the commission shall meet the
28      qualifications under subsection (b) and shall be selected for
29      appointment under paragraph (1) as follows:
30                  (i)    For each member position that is or will be open

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 1        in a district, each sportsmen's group may nominate one
 2        individual for commission membership within 30 days of
 3        the provision of notification under paragraph (3)(i).
 4             (ii)    For each member position that is or will be
 5        open in a district, each sportsman may, within 30 days of
 6        the provision of notification under paragraph (3)(iii),
 7        cast a vote for one individual for the district from the
 8        individuals nominated under subparagraph (i). Each
 9        sportsman may vote for one candidate only for each member
10        position that is or will be open in the district.
11             (iii)    The following shall apply:
12                    (A)   The names of the candidates receiving the
13             three highest vote totals under subparagraph (ii)
14             from each district shall be submitted by the
15             department, within 10 days of the conclusion of
16             voting under subparagraph (ii), to the Governor for a
17             member seat that is or will be open.
18                    (B)   Except as provided under clause (C), the
19             Governor shall, within 30 days of the receipt of
20             candidate names under clause (A), appoint one member
21             from the individuals receiving the three highest vote
22             totals for each district that has a member seat that
23             is or will be open.
24                    (C)   The Governor may, for cause, refuse to
25             appoint a member from the individuals receiving the
26             three highest vote totals under subparagraph (ii). If
27             the Governor refuses to appoint a member as provided
28             under this clause, the Governor shall, within 30 days
29             of receipt of candidate names under clause (A),
30             notify the department that he or she refuses to

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 1             appoint a member and the reason for the refusal. The
 2             department shall, within 10 days of the receipt of
 3             the Governor's notice, submit to the Governor the
 4             names of the individuals receiving the fourth, fifth
 5             and sixth highest vote totals under subparagraph
 6             (ii). The Governor shall, within 14 days of the
 7             receipt of the names under this clause, appoint one
 8             member from the individuals receiving the fourth,
 9             fifth and sixth highest vote totals.
10             (iv)   If an individual is not nominated under this
11        paragraph, the member for the district shall be appointed
12        by the Governor.
13             (v)    Upon appointment by the Governor the candidate
14        shall be confirmed, and the results of the selection
15        process under subparagraphs (i) and (ii) ratified, within
16        five legislative days by a majority vote of the
17        committees. A majority vote in opposition to the
18        appointment or selection process by either chamber shall
19        result in the Governor choosing from the remaining
20        individuals under clauses (B) and (C) with the highest
21        vote totals within 14 days of receipt of their names. A
22        majority vote in opposition to the selection process by
23        either chamber shall reinitiate the provision of
24        notification under subparagraph (i). Failure to hold a
25        confirmation vote by either of the committees within five
26        legislative days shall be deemed to be confirmation of
27        the commissioner's appointment and ratification of the
28        selection process.
29             (vi)   Following two consecutive votes in opposition
30        by the committees for a commissioner appointment of a

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 1        district, the Governor shall appoint a nominee within the
 2        top six vote recipients with clauses (B) and (C), within
 3        14 days of receipt of the vote in opposition, who has not
 4        been denied confirmation by the legislature. This third
 5        and final nominee shall be confirmed without legislative
 6        approval.
 7        (3)   The department shall:
 8              (i)    Provide notification to each sportsmen's group
 9        in each district, from the sportsmen's groups listed
10        within the compilation prepared under subparagraph (v),
11        that the sportsmen's group may nominate one individual
12        for commission membership for the district and the
13        procedure for making nominations. Notification shall be
14        provided as follows:
15                     (A)   At least 90 days prior to the end of the
16              term of a member for the district.
17                     (B)   Within 10 days of the death, resignation or
18              removal from office of a member for the district.
19                     (C)   Via certified mail to the mailing address of
20              the sportsmen's group.
21                     (D)   Via a notice in a newspaper of general
22              circulation within the district.
23              (ii)    Establish a procedure to provide for and
24        collect the nominations under paragraph (2)(i) and
25        compile the results of the nominations.
26              (iii)    Provide notification of the results under
27        subparagraph (ii) to the sportsmen via a notice on the
28        department's publicly accessible Internet website and
29        within a newspaper of general circulation within the
30        district where commission nominations occurred.

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 1            Notification shall be provided within 10 days of the
 2            compilation of results under subparagraph (ii).
 3            Notification shall include instruction on how and where
 4            to cast a vote as established under subparagraph (ii).
 5                (iv)   Establish a procedure using the point-of-sale
 6            locations where a sportsman may receive a license to
 7            provide for and collect the votes under paragraph (2)(ii)
 8            and compile the results of the votes.
 9                (v)    Compile a list of sportsmen's groups within this
10            Commonwealth. The list shall contain the name of the
11            sportsmen's group and the mailing address of the
12            sportsmen's group, and shall separate the sportsmen's
13            groups into the respective districts where the
14            sportsmen's groups are located. The list shall be
15            provided annually to the director of the commission and
16            the chair and minority chair of the committees. The list
17            shall be made publicly available on the department's
18            publicly accessible Internet website and updated
19            annually. Sportsmen's groups may petition to be placed on
20            the list via an application available through the
21            department's publicly accessible Internet website or any
22            other manner as determined by the department.
23      * * *
24      (d)   Vacancies.--Upon the death, resignation or removal from
25   office of any person so appointed, [the Governor shall appoint a
26   competent person to serve for the unexpired term as provided in
27   subsection (a).] a competent person shall be selected for
28   appointment as provided under subsection (a)(2).
29      (e)   Definitions.--As used in this section, the following
30   words and phrases shall have the meanings given to them in this

20250HB0746PN0772                     - 11 -
 1   subsection unless the context clearly indicates otherwise:
 2      "Committees."    The Game and Fisheries Committee of the Senate
 3   and the Game and Fisheries Committee of the House of
 4   Representatives.
 5      "Department."    The Department of Conservation and Natural
 6   Resources of the Commonwealth.
 7      "Newspaper of general circulation."     A newspaper, as defined
 8   in 45 Pa.C.S. § 101 (relating to definitions), which is
 9   published and circulated in the district where the nominations
10   and voting will be held.
11      "Notification."    Publication in a newspaper of general
12   circulation and posting on the department's publicly accessible
13   Internet website.
14      "Sportsman."     A resident hunter or furtaker who:
15          (1)    is a citizen of the United States;
16          (2)    is at least 18 years of age;
17          (3)    has been issued a resident adult hunting license or
18      junior hunting license in this Commonwealth for each of the
19      past three consecutive years; and
20          (4)    resides in the district in which voting under
21      subsection (a)(2)(ii) is being conducted.
22      "Sportsmen's group."    A not-for-profit membership group or
23   organization which is located in the district in which
24   nominations under subsection (a)(2)(i) are being conducted and
25   whose purpose or mission is to do all of the following:
26          (1)    Protect and promote this Commonwealth's outdoor
27      heritage and history.
28          (2)    Provide opportunity for and participate in hunting,
29      trapping and the conservation of wildlife and wildlife
30      habitat.

20250HB0746PN0772                    - 12 -
 1      Section 3.   The following shall apply:
 2          (1)   The amendment or addition of 30 Pa.C.S. § 301(a),
 3      (d) and (g) shall apply to members of the Pennsylvania Fish
 4      and Boat Commission who, beginning on the effective date of
 5      this section, are starting a new term or are filling a
 6      vacancy due to the death, resignation or removal from office
 7      of a member.
 8          (2)   The amendment or addition of 34 Pa.C.S. § 301(a),
 9      (d) and (e) shall apply to members of the Pennsylvania Game
10      Commission who, beginning on the effective date of this
11      section, are starting a new term or are filling a vacancy due
12      to the death, resignation or removal from office of a member.
13      Section 4.   The Governor's Advisory Council for Hunting,
14   Fishing and Conservation established by Executive Order No.
15   2015-13, 4 Pa. Code Ch. 6 Subch. AAA, has no authority to select
16   and appoint commissioners of the Pennsylvania Game Commission or
17   Pennsylvania Fish and Game Commission.
18      Section 5.   This act shall take effect as follows:
19          (1)   The following provisions shall take effect
20      immediately:
21                The addition of 30 Pa.C.S. § 301(a)(3)(v).
22                The addition of 34 Pa.C.S. § 301(a)(3)(v).
23          (2)   Sections 3 and 4 of this act shall take effect
24      immediately.
25          (3)   This section shall take effect immediately.
26          (4)   The remainder of this act shall take effect in one
27      year.




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