SB 1403 - Landowner Liability language In Title 34 - The HuntingPA.com Outdoor Community
 
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post #1 of 9 (permalink) Old 03-03-2012, 10:33 AM Thread Starter
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SB 1403 - Landowner Liability language In Title 34

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SENATE BILL


No.
1403
Session of 2012



INTRODUCED BY ALLOWAY, BAKER, GORDNER, FONTANA, M. WHITE, McILHINNEY, RAFFERTY, ORIE, D. WHITE, KASUNIC, WAUGH, SOLOBAY, SCHWANK, BRUBAKER, FERLO, WOZNIAK AND BROWNE, <span style="font-weight: bold">MARCH 2, 2012</span>



<span style="font-weight: bold">REFERRED TO GAME AND FISHERIES, MARCH 2, 2012 </span>





AN ACT




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Amending Title 34 (Game) of the Pennsylvania Consolidated

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Statutes, further providing for liability for actions of

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others.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1. Section 924 of Title 34 of the Pennsylvania

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Consolidated Statutes is amended to read:

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<span style="font-weight: bold">§ 924. Liability for actions of others.</span>

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(a) <span style="text-decoration: underline">General rule</span>.--A person who causes an unlawful act to be

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done by another person which, if directly performed by the

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person causing the unlawful act would be in violation of this

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title, is punishable as a principal.

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<span style="text-decoration: underline">(b) Exclusion.--This section shall not be construed in any

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way to impose liability on any landowner for allowing or

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granting permission to take game or wildlife on the landowner's

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property so long as no fee, payment or gratuity is paid. A

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landowner who allows or grants permission to another to take






--------------------------------------------------------------------------------


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game or wildlife shall not be liable under this section for any

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unlawful acts committed by that person so long as no fee,

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payment or gratuity is paid.</span>
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Section 2. This act shall take effect immediately.




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http://www.legis.state.pa.us/cfdocs/bill...e=B&bn=1403

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post #2 of 9 (permalink) Old 03-03-2012, 11:39 AM
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Re: SB 1403 - Landowner Liability language In Title 34

I'll bet the trial lawyers fight this tooth and claw, Bluetick. If this passes, they won't be able to go after the deep pockets and will have to limit their lawsuits to just the person doing the deed.
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post #3 of 9 (permalink) Old 03-03-2012, 11:53 AM
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Re: SB 1403 - Landowner Liability language In Title 34

This is a stupid move. The law as it stands is designed for use in game law violations, this bill appears to be designed for civil, liability situations. It also seems to prevent criminal charges from being brought against a landowner if they were complicit in a violation unless they charge an access fee. We already have a state law that covers this same issue, why do it twice? If they are bound and determined to put this in title 34 it should be in its own subchapter, not mixed in with criminal acts in the code.




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post #4 of 9 (permalink) Old 03-03-2012, 02:52 PM Thread Starter
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Re: SB 1403 - Landowner Liability language In Title 34

I have to agree. This rates right up there with Alloway's other claim to fame - the felony conviction that isn't.

Really hope a dog catcher runs against him this time - so much more qualified.

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post #5 of 9 (permalink) Old 03-03-2012, 03:05 PM Thread Starter
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Re: SB 1403 - Landowner Liability language In Title 34


But the Landowner Liability Law has the same language. As long as the land owner does not charge a fee or gain in some material way - they are not at fault.

That law was passed after the Leigh Valley incident a few years ago. Actually, the then on the books law was improved with the current language.


A great site explaining the current law:

http://www.dcnr.state.pa.us/brc/RUWL...tFinalFpdf.pdf

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post #6 of 9 (permalink) Old 03-03-2012, 10:00 PM
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Re: SB 1403 - Landowner Liability language In Title 34

Must be a good bill. I see Waugh helped introduce it.

I like the part about fees and payments. I will have to see what she is thinking when I speak with Baker. Waugh!

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post #7 of 9 (permalink) Old 03-03-2012, 10:14 PM
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Re: SB 1403 - Landowner Liability language In Title 34

John:
The way I read it this is already in title 34. This will just amend what is already there to reflect compliance with The Recreational Use of Land and Water Act (“RULWA”), found in Purdon’s Pennsylvania Statutes, title 68, sections 477-1 et.
Seems like only closing a loop hole to me. Waugh!

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post #8 of 9 (permalink) Old 03-04-2012, 10:55 AM
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Re: SB 1403 - Landowner Liability language In Title 34

No JIm what is in title 34 is a law that allows a person to be prosecuted if they cause a violation, such as an adult telling a junior hunter to violate the law, what they are trying to put into the law is protection to landowners from civil liability. It is stupid, and unneccesary since it is a duplication of another state law that already does that.




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post #9 of 9 (permalink) Old 03-04-2012, 07:32 PM
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Re: SB 1403 - Landowner Liability language In Title 34

We already have a limited on liability for recreational use. But the language of this bill does not necessarily limit civil liability, it limits criminal responsibility for acts of hunters.
"shall not be liable under this section for any
unlawful acts committed by that person"

It also looks like this section might be to keep landowners from being charged/cited for game law violations by hunters.

Certainly could be clearer and as John said, if it is pertaining to civil tort liability, seems totally unnecessary.

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