PRINTER'S NO. 1723

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1403

Session of

2019

INTRODUCED BY GLEIM, SCHMITT, RYAN, JAMES, BERNSTINE, GROVE,

MILLARD, NEILSON, OWLETT, OBERLANDER AND KEEFER, MAY 6, 2019

REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 6, 2019

a record, by the supervisor of roads or boards of supervisors

of roads, of the trees so planted and upon which a tax

abatement has been granted."

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of July 2, 1901 (P.L.610, No.306),

entitled "An act to encourage the planting of trees along the

roadsides of this Commonwealth, and providing a penalty for

killing, removing or injuring the same; what disposition is to

be made of moneys collected as penalties, and for keeping a

or injuring the same; what disposition is to be made of

moneys collected as penalties, and for keeping a record, by

the supervisor of roads or boards of supervisors of roads, of

the trees so planted and upon which a tax abatement has been

granted.

Section 1. Be it enacted, &c., That any person liable to

road tax, who shall transplant to the side of the public highway

on his own premises any fruit, shade or forest trees, of

suitable size, shall be allowed by the supervisors of roads or

boards of supervisors of roads, where roads run through or

adjoin cultivated fields, in abatement of his road tax, one

set out the year previous to the demand for such abatement of

tax, and are living and well protected from domestic animals at

the time of such demand.

Section 2. Any fruit, shade or forest trees growing

naturally by the side of the public highway, where said public

highway runs through cultivated lands, shall be allowed for in

the same manner and on the same conditions as in the preceding

section.

Section 3. Any trees transplanted by the side of the public

highway, as aforesaid, in the place of trees that have died,

aforesaid, of more than one-quarter of his said annual road tax.

Section 5. Any person who shall cut down, kill or injure any

living tree, planted or growing naturally as aforesaid, or who

negligently or carelessly suffers a horse or other domestic

animal, driven by or for him, to injure any of the trees

hereinbefore mentioned, upon conviction thereof shall be subject

to a penalty of not less than one dollar, nor more than five

dollars, with costs of suit, for each and every tree so cut

down, killed, removed or injured: Provided, That if the

defendant or defendants neglect or refuse to pay at once the

penalty so imposed and costs, or shall not enter sufficient bail

condition that he will immediately plant and maintain another

tree, or trees, in the place or places of those removed by him

or refund to township said abatement, originally allowed for

said tree or trees.

Section 6. All moneys collected as a penalty in accordance

with section five of this act, shall be paid to the supervisors

of roads or boards of supervisors of roads, and form part of the

road fund of the township in which the offense was committed.

Section 7. It shall be the duty of the supervisor of roads

or the boards of supervisors of roads to keep a permanent

been granted; and when any tree or trees have been removed, with

or without the consent of the supervisors of roads or boards of

supervisors of roads, the date thereof shall be distinctly

entered in the said book.

Section 8. The act approved the second day of May, Anno

Domini one thousand eight hundred and seventy-nine, entitled "An

act to encourage the planting of trees along the roadsides in

this Commonwealth," is hereby repealed.]