SENATE AMENDED
        PRIOR PRINTER'S NO. 1107                      PRINTER'S NO. 3010

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 969 Session of 1975


        INTRODUCED BY MESSRS. GEESEY, COLE, BRADLEY, GLEASON, HASAY,
           HALVERSON, GIAMMARCO, MRKONIC, PITTS, E. H. SMITH, McINTYRE,
           MYERS, RENWICK AND NOYE, APRIL 9, 1975

        SENATOR MELLOW, ENVIRONMENTAL RESOURCES, IN SENATE, AS AMENDED,
           MARCH 29, 1976

                                     AN ACT

     1  Amending the act of June 3, 1937 (P.L.1225, No.316), entitled
     2     "An act concerning game and other wild birds and wild
     3     animals; and amending, revising, consolidating, and changing
     4     the law relating thereto," further regulating damage done by
     5     hunters.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  The act of June 3, 1937 (P.L.1225, No.316), known
     9  as "The Game Law," is amended by adding a section to read:
    10     Section 803.  Damage to Trees.--It shall be unlawful while
    11  hunting or while preparing to hunt for any wild bird or wild
    12  animal, to cause damage to any tree or trees located upon any
    13  public or privately owned lands as a result of constructing any
    14  tree stand, platform, or any other man-made support of any
    15  description, or as a result of using any portable tree stand or
    16  any other implement or device of any description to climb any
    17  tree. The provisions of this section shall not apply to a
    18  private landowner upon land which he owns or to any person to

     1  whom he has given written permission in advance.
     2     A person who shall damage a tree contrary to the provisions
     3  of this section shall, upon summary conviction, be sentenced to
     4  REMOVE THE TREE STAND, PLATFORM OR ANY OTHER MAN-MADE SUPPORT OR  <--
     5  CLIMBING DEVICE OF ANY DESCRIPTION AND TO pay a penalty of
     6  twenty-five dollars ($25.00) plus costs of prosecution. He shall
     7  be liable to pay to the one in control of a tree the value of
     8  any damage done by him to the tree as shall be determined by a
     9  court of competent jurisdiction. The court may appoint a
    10  competent appraiser to determine the value of such damage. The
    11  value of the damage determined finally by the court shall be
    12  assessed against the defendant and paid to the court for
    13  disposition. The court shall deliver the amount collected to the
    14  person or governmental agency having legal control over the land
    15  where the damage occurred. The court appointed appraiser shall
    16  be entitled to a reasonable fee for services rendered which
    17  shall be assessed against the defendant as additional costs for
    18  delivery to the appraiser by the court.
    19     Section 2.  This act shall take effect immediately.








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