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PRINTER'S NO. 901
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
738
Session of
2017
INTRODUCED BY SCHWANK, COSTA, BLAKE, BREWSTER AND VULAKOVICH,
JUNE 2, 2017
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, JUNE 2, 2017
AN ACT
Amending the act of December 7, 1982 (P.L.784, No.225), entitled
"An act relating to dogs, regulating the keeping of dogs;
providing for the licensing of dogs and kennels; providing
for the protection of dogs and the detention and destruction
of dogs in certain cases; regulating the sale and
transportation of dogs; declaring dogs to be personal
property and the subject of theft; providing for the
abandonment of animals; providing for the assessment of
damages done to animals; providing for payment of damages by
the Commonwealth in certain cases and the liability of the
owner or keeper of dogs for such damages; imposing powers and
duties on certain State and local officers and employees;
providing penalties; and creating a Dog Law Restricted
Account," in licenses, tags and kennels, further providing
for issuance of dog licenses, compensation, proof required,
deposit of funds, records, license sales, rules and
regulations, failure to comply, unlawful acts and penalty,
for application for dog licenses, fees and penalties and for
tags furnished to county treasurers and other agents and lost
tags; and, in enforcement and penalties, further providing
for disposition of fines and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 200(a) of the act of December 7, 1982
(P.L.784, No.225), known as the Dog Law, is amended by adding a
paragraph and subsection (b) is amended to read:
Section 200. Issuance of dog licenses; compensation; proof
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required; deposit of funds; records; license sales;
rules and regulations; failure to comply; unlawful
acts; penalty.
(a) Issuance of dog licenses.--
* * *
(6) The secretary shall have the authority to establish,
operate and maintain, through a vendor or otherwise, a single
Statewide dog licensing Internet website capable of selling
dog licenses online in each county and processing payment
therefor, capable of processing dog license certificates and
issuing dog license certificates and tags in each county and
capable of maintaining an accurate, complete and single
Statewide registry of all licensed dogs in this Commonwealth
no matter by whom or how the license was sold. All agents
shall be required to submit electronic records of dog license
sales to the registry such that accuracy and completeness of
the the registry is maintained at all times.
(b) Compensation.--For services rendered in collecting and
paying over dog license fees, agents, for as long as they
continue to act in that capacity, may collect and retain [a sum
equal to the cost of a postage stamp plus $1] the following
amount for each dog license sold, which amount shall be full
compensation for services rendered by them under this act.
(1) Beginning the effective date of this paragraph and
continuing for one year, the amount shall be $2. For any
lifetime license sold, the fee shall be $3.
(2) Beginning one year from the effective date of this
paragraph, the secretary shall have the authority to
establish by regulation the amount of compensation collected.
The amount established shall be only that which is required
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to cover the reasonable and necessary expenses of
administering the duties provided in this act. The amounts
shall reflect the increased administrative duties imposed in
selling a lifetime dog license and shall provide for
compensation to the county treasurer and agents under
paragraphs (a)(1), (4) and (5).
(3) The compensation shall be retained by the respective
agents and shall cover, among other things, the cost of
processing and issuing dog licenses, postage, mailing,
returns and bonding of the agents. A magisterial district
judge authorized by the county treasurer to process
applications for dog license certificates and issue dog
license certificates is not authorized to collect
compensation under this subsection. [Agents under subsection
(a)(3) and (5) shall collect an additional 50¢ which shall be
remitted to the county treasurer, for the use of the county,
in the same manner as records are forwarded under subsection
(e).]
* * *
Section 2. Sections 201, 203 and 905 of the act are amended
to read:
Section 201. Applications for dog licenses; fees; penalties.
(a) General rule.--Except as provided in subsection (b), on
or before January 1 of each year, the owner of any dog, three
months of age or older, except as hereinafter provided, shall
apply to the county treasurer of his respective county or an
agent under section 200(a), on a form prescribed by the
department, for the appropriate license for the dog. The
application and license certificate shall state the breed, sex,
age, color and markings of the dog, the name, address and
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telephone number of the owner and the year of licensure. The
application shall be accompanied by the appropriate license fee
[as follows:
(1) For each neutered male dog and for each spayed
female dog for which the certificate of a licensed doctor of
veterinary medicine or the affidavit of the owner is
produced, the license fee shall be $5.
(2) For all other male and female dogs, the license fee
shall be $7.
(3) For Pennsylvania residents 65 years of age or older
and persons with disabilities:
(i) For each neutered male dog and for each spayed
female dog for which the certificate of a licensed doctor
of veterinary medicine or the affidavit of the owner is
produced, the license fee shall be $3.
(ii) For all other male and female dogs, the license
fee shall be $5.
(4) Compensation, if collected under section 200(b),
shall also be paid by all applicants, regardless of age or
disability.
(5) All additional costs of a vanity or collector tag
issued under this subsection shall be in addition to the
required license fee under this section. The additional cost
shall be distributed equally between the county treasurer
that issued the license and the Dog Law Restricted Account. A
vanity or collector tag shall not be issued without approval
of the department.]
(a.1) Fee schedule.--Beginning on the effective date of
this subsection and continuing for at least one year, the
license fees shall be:
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(1) For each neutered male dog and for each spayed
female dog for which a certificate of a licensed doctor of
veterinary medicine or the affidavit of the owner is
produced, the license fee shall be $8 and the lifetime
license fee shall be $44.
(2) For all other male and female dogs, the license fee
shall be $11 and the lifetime license fee shall be $74.
(3) For Pennsylvania residents who are at least 65 years
of age and persons with disabilities:
(i) The license fee under paragraph (1) shall be $5
and the lifetime license fee shall be $29.
(ii) The license fee under paragraph (2) shall be $8
and the lifetime license fee shall be $44.
(4) Beginning one year from the effective date of this
subsection, the secretary shall have the authority to
establish by regulation the amount of a dog license fee. The
amount established shall be only that which is required to
cover the reasonable and necessary expenses of administering
the duties under this act. License fee amount shall be
separately established for neutered male or spayed female
dogs, Pennsylvania residents who are at least 65 years of age
and persons with disabilities.
(a.2) Applicability.--Compensation, if collected under
section 200(b) shall also be paid by all applicants, regardless
of age, disability or type of license.
(a.3) Vanity and collector tags.--All additional costs of a
vanity or collector tag issued under this section shall be in
addition to the required license fee under this section. The
additional cost shall be distributed equally between the county
treasurer that issued the license and the Dog Law Restricted
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Account. A vanity or collector tag shall not be issued without
approval of the department.
(b) Lifetime license.--The owner of any dog three months of
age or older which has been permanently identified may apply to
the county treasurer of his respective county or an agent under
section 200(a), on a form prescribed by the department for a
lifetime license for such a dog. Except as otherwise provided in
this act, a dog which has been issued a lifetime license shall
be required to wear a license tag. The application and license
certificate shall state the breed, sex, age, color and markings
of such dog, the type and number of permanent identification and
the name, address and telephone number of the owner. The
application shall be accompanied by the appropriate license fee
as [follows:
(1) For each neutered male dog and for each spayed
female dog for which the certificate of a licensed doctor of
veterinary medicine or the affidavit of the owner is
produced, the lifetime license fee shall be $30.
(2) For all other male and female dogs, the license fee
shall be $50.
(3) For Pennsylvania residents 65 years of age or older
and persons with disabilities:
(i) For each neutered male dog and for each spayed
female dog for which the certificate of a licensed doctor
of veterinary medicine or the affidavit of the owner is
produced, the license fee shall be $20.
(ii) For all other male and female dogs, the license
fee shall be $30.
(4) Compensation, if collected under section 200(b),
shall also be paid by all applicants, regardless of age or
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disability. A dog which has been issued a lifetime license
prior to the effective date of this act shall not be subject
to fees under this subsection.
(5) All additional costs of a vanity or collector tag
issued under this subsection shall be charged in addition to
the fees under this section. The additional cost shall be
distributed equally between the county treasurer that issued
the tag and the Dog Law Restricted Account. A vanity or
collector tag shall not be issued without approval of the
department.] established under subsection (a.1).
(c) Penalty.--A person who violates this section commits a
summary offense and, upon conviction, shall be sentenced to pay
a fine of not less than $50 nor more than $300 for each
unlicensed dog. Fraudulent statements, including those related
to the breed of the dog, failure to pay the appropriate fee or
failure to update records, including address and contact
information, within 120 days of moving constitute a violation.
The burden of proof shall be the same as under section 802.
Section 203. Tags furnished to county treasurers and other
agents; lost tags.
The department shall furnish to the county treasurers and to
other agents under section 200(a) tags to be given to applicants
for dog licenses. [The department shall furnish to the county
treasurers tags to be distributed to agents under section 200(a)
(3) and (5).] Such tags shall bear the name of the county where
such dog license is issued and a serial number corresponding to
the number on the issued dog license certificate. Such tags
shall not contain more than one square inch of area between the
ears or the fastening device and have impressed thereon the
calendar year for which the tag is valid. If any tag is lost, it
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shall be replaced by the county treasurer upon production of the
dog license certificate. The cost for the issuance of a tag due
to loss shall be $1 paid to the county treasurer for the use of
the county.
Section 905. Disposition of fines and penalties.
Fines and penalties shall be disposed of as follows:
(1) If a prosecution pursuant to this act is initiated
by a State dog warden, employee of the department or State
Police officer, all fines forfeited, recognizances and other
forfeitures imposed, lost or forfeited under this act shall
be payable through the Department of Agriculture into the
State Treasury for credit to the Dog Law Restricted Account.
(2) Notwithstanding the provisions of 42 Pa.C.S. § 3733
(relating to deposits into account) or any other law to the
contrary, any and all fines, fees and costs collected by a
division of the unified judicial system as a result of the
prosecution, conviction or guilty plea of persons charged
with a violation of this act shall be deposited into the Dog
Law Restricted Account and shall not be subject to being
deposited or transferred into any other account.
(3) If a prosecution pursuant to this act is initiated
by a local police officer or animal control officer, all
fines forfeited, recognizances and other forfeitures imposed,
lost or forfeited under this act shall be payable to the
political subdivision which employs such local police officer
or animal control officer.
Section 3. This act shall take effect immediately.
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