PRINTER'S NO. 429
No. 365 Session of 2007
INTRODUCED BY CASORIO, BUXTON, CALTAGIRONE, CAPPELLI, CREIGHTON, CURRY, DeLUCA, FABRIZIO, GEORGE, GRUCELA, HESS, KENNEY, KOTIK, LEACH, LENTZ, MAHONEY, MANN, MELIO, MUNDY, NAILOR, O'NEILL, PAYNE, READSHAW, REICHLEY, RUBLEY, SCAVELLO, SCHRODER, SHAPIRO, TANGRETTI, J. WHITE AND YOUNGBLOOD, FEBRUARY 13, 2007
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 13, 2007
AN ACT 1 Amending the act of December 7, 1982 (P.L.784, No.225), 2 entitled, as amended, "An act relating to dogs, regulating 3 the keeping of dogs; providing for the licensing of dogs and 4 kennels; providing for the protection of dogs and the 5 detention and destruction of dogs in certain cases; 6 regulating the sale and transportation of dogs; declaring 7 dogs to be personal property and the subject of theft; 8 providing for the abandonment of animals; providing for the 9 assessment of damages done to animals; providing for payment 10 of damages by the Commonwealth in certain cases and the 11 liability of the owner or keeper of dogs for such damages; 12 imposing powers and duties on certain State and local 13 officers and employees; providing penalties; and creating a 14 Dog Law Restricted Account," further providing for 15 revocation, suspension or refusal of kennel licenses. 16 The General Assembly of the Commonwealth of Pennsylvania 17 hereby enacts as follows: 18 Section 1. Section 211(a) and (c)(1) and (3) of the act of 19 December 7, 1982 (P.L.784, No.225), known as the Dog Law, 20 amended December 11, 1996 (P.L.943, No.151), are amended and the 21 section is amended by adding a subsection to read: 22 Section 211. Revocation, suspension or refusal of kennel
1 licenses. 2 (a) General powers of secretary.--The secretary [may revoke 3 or suspend] shall revoke a kennel license or out-of-state dealer 4 license or refuse to issue a kennel license or out-of-state 5 dealer license for any one or more of the following reasons: 6 (1) the person holding or applying for a license has 7 made a material misstatement or misrepresentation in the 8 license application; 9 (2) the person holding or applying for a license has 10 made a material misstatement or misrepresentation to the 11 department or its personnel regarding a matter relevant to 12 the license; 13 (3) the person holding or applying for a license has 14 been convicted of any violation of this act[;] or any rules 15 or regulations set by the department governing the humane 16 handling, transportation, veterinary care, housing, breeding, 17 socialization, feeding, watering or other humane treatment of 18 animals unless the secretary makes a written finding that the 19 violations were minor and inadvertent, that the violations 20 did not pose a threat to the animals or that revocation is 21 inappropriate for other good cause. In the event that the 22 secretary does make such a written finding, he or she shall 23 suspend a kennel license for a period of at least 30 days; or 24 [(4) the person holding or applying for a license has 25 failed to comply with any regulation promulgated under this 26 act; or] 27 (5) the person holding or applying for a license has 28 been convicted of any law relating to cruelty to animals. 29 (a.1) Noncompliance with regulation.--The secretary may 30 revoke or suspend a license or refuse to issue a kennel license 20070H0365B0429 - 2 -
1 or out-of-state dealer license if the person holding or applying 2 for a license has failed to comply with any regulation 3 promulgated under this act other than those for the humane 4 handling, transportation, veterinary care, housing, breeding, 5 socialization, feeding, watering or other humane treatment of 6 animals. 7 * * * 8 (c) Seizure and constructive seizure.-- 9 (1) Whenever the secretary revokes, suspends or refuses 10 a kennel license or an out-of-state dealer license, the 11 department [may] shall seize and impound any dog in the 12 possession, custody or care of the person whose license is 13 revoked, suspended or refused if there are reasonable grounds 14 to believe that the dog's health, safety or welfare is 15 endangered. Reasonable costs of transportation, care and 16 feeding of a seized and impounded dog shall be paid by the 17 person from whom the dog was seized and impounded. 18 * * * 19 (3) The secretary shall allow a dog to remain in the 20 physical possession, custody or care of the person whose 21 kennel license or out-of-state dealer license is revoked, 22 suspended or refused upon any one or more of the following 23 findings, which he or she shall outline in a written letter 24 to the person, a copy of which shall be posted on the front 25 door of the facility: 26 (i) the secretary has no reasonable grounds to 27 believe that the health, safety or welfare of the dog is 28 endangered; or 29 (ii) the person whose license is revoked, suspended 30 or refused has provided satisfactory evidence or 20070H0365B0429 - 3 -
1 assurances that the dog will receive adequate care. 2 * * * 3 Section 2. This act shall take effect in 60 days. L18L03DMS/20070H0365B0429 - 4 -