See other bills
under the
same topic
                                                       PRINTER'S NO. 429

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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 -