A bill stemming from the accidental shooting of a pregnant woman by a hunter is making its way through the state Legislature. The Senate passed the bill 48-0. Take a NEWS POLL.
Pennsylvania farmers are backing a proposal that would limit their liability when hunters break the state’s game code.
The bill, approved 48-0 earlier this month by the state Senate, would absolve landowners from liability when hunters commit Pennsylvania Game Code violations on their property. The landowners could remain liable if they take payment for allowing a hunter on their property.
Dennis Koehler, the Lehigh Valley’s representative to the Pennsylvania Farm Bureau, said the bill stems from the November 2004 shooting of Casey Kantner.
Kantner, who was pregnant at the time, was sitting inside a car outside her North Whitehall Township home when she was shot in the head and critically wounded by a hunter’s bullet. She later delivered a healthy baby. In Kantner’s case, the hunter, Craig Wetzel, was found 90 percent liable, and orchardist Daniel Haas and Overlook Orchards Inc. were found 10 percent liable.
After that, farmers and landowners across the state were afraid to allow hunters on their property, he said, and this proposed legislation would help open up land for hunting again.
Koehler said his family hasn’t had any bad experiences on the land they own, but they rent a lot of land. Landowners aren’t allowing hunters onto the property, he said, and groundhogs, geese and small game that are no longer hunted are damaging the land.
Area Sens. Lisa Boscola, Pat Browne and Bob Mensch voted for the legislation, sponsored by state Sen. Richard Alloway, a Republican from Franklin County.
Boscola said that as the state’s game laws are currently written, if a hunter shoots a deer out of season, the owner of the land could be fined along with the hunter.
Most of the time hunters have a longstanding history with the owners of the property on which they hunt, Boscola said, but sometimes hunters come onto property without the owners’ knowledge and violate the game code. The proposed law prevents landowners from being punished for illicit activity that they don’t know is happening, she said.
“Why would you want to penalize somebody who has no idea what somebody else did?” she said. “That seems archaic to me.”
The bill must pass in the state House, where it has been in the game and fisheries committee, before becoming law. Boscola predicted it would pass overwhelmingly in the House, too.
Pennsylvania Farm Bureau President Carl T. Shaffer said in a news release announcing the Senate’s approval that the bill is a “commonsense piece of legislation” that protects landowners from being unfairly prosecuted.