PRINTER'S NO. 2580
No. 1949 Session of 1984
INTRODUCED BY DeWEESE, FEBRUARY 22, 1984
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
FEBRUARY 22, 1984
AN ACT
1 Amending the act of December 7, 1982 (P.L.784, No.225), entitled
2 "An act relating to dogs, regulating the keeping of dogs;
3 providing for the licensing of dogs and kennels; providing
4 for the protection of dogs and the detention and destruction
5 of dogs in certain cases; regulating the sale and
6 transportation of dogs; declaring dogs to be personal
7 property and the subject of theft; providing for the
8 assessment of damages done to livestock, poultry and domestic
9 game birds; providing for payment of damages by the
10 Commonwealth in certain cases and the liability of the owner
11 or keeper of dogs for such damages; imposing powers and
12 duties on certain State and local officers and employees;
13 providing penalties; and creating a Dog Law Restricted
14 Account," authorizing actions for damages in certain cases;
15 and imposing penalties.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Sections 701, 703 and 704 of the act of December
19 7, 1982 (P.L.784, No.225), known as the Dog Law, are amended to
20 read:
21 Section 701. Damages; complaints; examination of claims;
22 liability; quarantines.
23 (a) General rule.--Whenever any person sustains any loss by
1 dogs to livestock or poultry or to game birds raised in
2 captivity, and while confined within an enclosure, or if any
3 person sustains loss of livestock from rabies, or if any
4 livestock or poultry or game bird raised in captivity, and while
5 confined within an enclosure, is necessarily destroyed because
6 of having been bitten by a dog, except when such loss,
7 destruction or damage, with the exception of loss by rabies,
8 shall have been caused by a dog harbored by the owner of such
9 livestock or poultry or domestic game bird, such person or his
10 agent or attorney may, immediately after the damage was done,
11 complain to a State dog warden or employee of the department and
12 may make application to the department for reimbursement of such
13 loss or damage. Such complaint shall be in writing, shall be
14 signed by the person making such complaint, and shall state
15 when, where and how such damage was done, and by whose dog or
16 dogs, if known, or when the animal died from rabies or was
17 killed because of rabies. Claims covering damage due to rabies
18 shall be made immediately following the death of the animal, and
19 shall be supported by a certificate from a licensed and duly
20 qualified veterinarian and a report from any laboratory approved
21 by the department, to the effect that such animal was affected
22 with rabies. It shall not be necessary to prove that an animal
23 dying from or killed because of rabies was actually bitten by a
24 dog. The presumption shall exist that such animal was so bitten.
25 Upon receipt of such notice, the State dog warden shall at once
26 examine the place where the alleged loss or damage was sustained
27 and the livestock or poultry or domestic game bird injured or
28 killed, or in case of rabies where it died or was killed. The
29 State dog warden may examine under oath or affirmation any
30 witness called before him. After making diligent inquiry in
19840H1949B2580 - 2 -
1 relation to such claim, such investigating officer shall
2 determine whether any damage has been sustained and the amount
3 thereof, and, if possible, who was the owner of the dog or dogs
4 by which such damage was done. After making diligent inquiry in
5 relation to such claim, such appraiser shall determine whether
6 any damage has been sustained and the amount thereof, and, if
7 possible, who was the owner of the dog or dogs by which such
8 damage was done. If the owner of the dog or the owner of the
9 livestock or poultry does not agree as to the amount of damage
10 allowed by the appraiser, the owner requesting the appraisal and
11 the appraiser may appoint a disinterested qualified citizen to
12 assist in determining the amount of damage sustained. For such
13 services, the said disinterested citizens shall receive
14 appropriate compensation which shall be paid by the owner
15 requesting the appraisal. Any owner or keeper of such dog or
16 dogs except in the case of rabies, shall be liable to the
17 Commonwealth for the damages paid by the Commonwealth and the
18 costs incurred as hereinafter provided. There shall be a maximum
19 allowable claim loss on each occurrence of $10,000 per animal;
20 however, in no instance shall the payment exceed 90% of the
21 appraised value. The secretary shall promulgate rules and
22 regulations to enforce the provisions of this section. All
23 claims shall be paid from the Dog Law Restricted Account.
24 (b) Excess damages.--If the owner of the livestock or
25 poultry or domestic game bird feels that he has sustained
26 damages, including consequential and future damages, beyond the
27 amount of damage as finally appraised, or paid by the
28 Commonwealth, he may commence a civil action for the excess
29 amount against the owner or keeper of the dog by which such
30 damage was done. The receipt of payment from the owner of the
19840H1949B2580 - 3 -
1 dog of the appraised amount or the receipt of payment from the
2 Commonwealth shall not preclude such an action, but shall be
3 considered in determining the total amount of damages sustained
4 and recoverable.
5 Section 703. Payments of claims out of Dog Law Restricted
6 Account; rights against dog owners inuring to the
7 Commonwealth.
8 The owner of any dog or dogs known to have caused any damage
9 to livestock, poultry or domestic game birds shall be liable for
10 all damages and costs. If the owner cannot be found or is
11 unknown, then the secretary shall issue a requisition for the
12 payment of the amount of the allowable claim. All such payments
13 shall be from funds in the Dog Law Restricted Account. No
14 payment shall be made for any item which has already been paid
15 by the claimant's insurance carrier. The claimant shall certify
16 to the department that he has not received payment for any
17 damages under section 701(a) by any person. Upon payment by the
18 State of damages under section 701(a), the rights of the owner
19 of such livestock, poultry or domestic game bird against the
20 owner of the dog or dogs causing the damages shall, to the
21 extent of the damages so paid, inure to the benefit of the
22 Commonwealth.
23 Section 704. Killing of dogs causing damages.
24 If the identity of the owner of the dog or dogs has been
25 established under sections 701 and 703, the secretary may notify
26 the owner or keeper of such dog or dogs to immediately kill it
27 or them. It shall be unlawful and a violation of this act for
28 the owner or keeper, after notification by the secretary, to
29 allow to leave or to remove such dog or dogs from the premises,
30 while they are alive, except a State dog warden to a
19840H1949B2580 - 4 -
1 veterinarian or animal shelter for euthanasia purposes. The
2 killing of such dogs does not remove the liability of the owner
3 for damages caused by the dog or dogs. Upon failure, however, of
4 such owner to comply with such order within a period of ten
5 days, the secretary may authorize the killing of such dog or
6 dogs wherever found. In addition, upon failure of such owner or
7 keeper to comply with such order within a period of ten days,
8 the owner or keeper shall, upon summary conviction, be sentenced
9 to pay a fine of not less than $100 and not more than $500.
10 Section 2. This act shall take effect in 60 days.
A26L03CHF/19840H1949B2580 - 5 -