PRINTER'S NO. 1811

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 1492 Session of 2001

        INTRODUCED BY BUNT, DALEY, STERN, HERMAN, ARMSTRONG, BASTIAN,
           BENNINGHOFF, CALTAGIRONE, CAPPABIANCA, CAPPELLI, CLARK,
           CLYMER, L. I. COHEN, COY, CREIGHTON, FAIRCHILD, FEESE,
           FICHTER, GEIST, GRUCELA, HARHAI, HARPER, HENNESSEY, HERSHEY,
           HESS, HORSEY, JAMES, KIRKLAND, LAUGHLIN, MAITLAND,
           McILHINNEY, S. MILLER, NAILOR, PHILLIPS, PRESTON, ROSS,
           SATHER, SCHULER, SEMMEL, SHANER, SOLOBAY, E. Z. TAYLOR,
           J. TAYLOR, TIGUE, WALKO, WATSON, WILT AND YOUNGBLOOD,
           MAY 2, 2001

        REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
           MAY 2, 2001

                                     AN ACT

     1  Providing for the protection of agricultural crops from being
     2     intentionally and knowingly damaged.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.
     6     This act shall be known and may be cited as the Crop
     7  Protection Act.
     8  Section 2.  Offense.
     9     (a)  Liability.--Any person or entity who intentionally and
    10  knowingly damages any field crop that is grown for personal or
    11  commercial purposes, or for testing or research purposes for a
    12  product development program in conjunction with a public or
    13  private research facility or a university or any Federal, State
    14  or local government agency, shall be liable for damages,

     1  attorney fees and litigation costs as provided in subsections
     2  (b) and (c).
     3     (b)  Valuation.--In awarding damages under this section, the
     4  courts shall consider the market value of the crop prior to
     5  damage and production, research, testing, replacement and crop
     6  development costs directly related to the crop that has been
     7  damaged as part of the value of the crop.
     8     (c)  Limitations.--Damages available under this section shall
     9  be limited to treble the market value of the crop prior to
    10  damage plus treble the actual damages involving production,
    11  research, testing, replacement and crop development costs
    12  directly related to the crop that has been damaged.
    13  Section 3.  Effective date.
    14     This act shall take effect immediately.











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