PRINTER'S NO. 534
No. 510 Session of 1989
INTRODUCED BY GREENLEAF, FEBRUARY 10, 1989
REFERRED TO STATE GOVERNMENT, FEBRUARY 10, 1989
AN ACT
1 Amending Title 37 (Historical and Museums) of the Pennsylvania
2 Consolidated Statutes, providing for the definition, registry
3 and penalties for the destruction of historic trees.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 103 of Title 37 of the Pennsylvania
7 Consolidated Statutes is amended by adding a definition to read:
8 § 103. Definitions.
9 Subject to additional definitions contained in subsequent
10 provisions of this title which are applicable to specific
11 provisions of this title, the following words and phrases when
12 used in this title shall have the meanings given to them in this
13 section unless the context clearly indicates otherwise:
14 * * *
15 "Historic tree." A tree which is over 200 years old and
16 which is significant in the history or culture of the
17 Commonwealth or furthers the enhancement or enjoyment of
18 Pennsylvania's historic parks, sites or other resources.
1 * * *
2 Section 2. Section 502 of Title 37 is amended by adding a
3 paragraph to read:
4 § 502. Powers and duties of commission.
5 In addition to the powers and duties provided in Chapter 3
6 (relating to powers and duties of Pennsylvania Historical and
7 Museum Commission), the commission shall have the power and duty
8 to:
9 * * *
10 (15) Develop and maintain a Pennsylvania register of
11 historic trees in the Commonwealth, which meets the
12 definition of historic tree.
13 Section3. Section 511 of Title 37 is amended to read:
14 § 511. Criminal penalties.
15 A person who conducts a field investigation on any land or
16 submerged land owned or controlled by the Commonwealth, without
17 first obtaining a permit from the commission, or a person who
18 appropriates, defaces, destroys or otherwise alters any
19 archaeological site or specimen located upon lands owned or
20 controlled by the Commonwealth, except in the course of
21 activities pursued under the authority of a permit granted by
22 the commission, commits a misdemeanor of the third degree and
23 shall, upon conviction, be sentenced to pay a fine of not more
24 than $2,500 or to imprisonment for not more than one year, or
25 both. In addition, such person shall forfeit to the Commonwealth
26 all archaeological specimens collected or excavated together
27 with any photographs and records relating to such specimens. Any
28 person or political subdivision who willfully destroys or
29 defaces a historic tree commits a misdemeanor and shall, upon
30 conviction, be sentenced to pay a fine of not more than $500 or
19890S0510B0534 - 2 -
1 to imprisonment for not more than six months, or both.
2 Section 4. This act shall take effect in 60 days.
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