PRINTER'S NO. 3766

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2525 Session of 2008


        INTRODUCED BY CASORIO, HANNA, MAHER, CALTAGIRONE, COHEN, McCALL,
           ADOLPH, BENNINGTON, BEYER, BIANCUCCI, BUXTON, CAPPELLI,
           CARROLL, CIVERA, CONKLIN, COSTA, CRUZ, DALEY, DALLY, DeLUCA,
           DePASQUALE, DiGIROLAMO, ELLIS, FABRIZIO, FRANKEL, FREEMAN,
           GALLOWAY, GEORGE, GERBER, GERGELY, GIBBONS, GOODMAN, GRUCELA,
           HARHAI, HARKINS, JOSEPHS, W. KELLER, KILLION, KING, KIRKLAND,
           KORTZ, KULA, LEACH, LENTZ, MAHONEY, MANN, MANTZ, MARSHALL,
           McILVAINE SMITH, MELIO, MENSCH, MOYER, MUSTIO, NAILOR,
           D. O'BRIEN, M. O'BRIEN, OLIVER, O'NEILL, PARKER, PASHINSKI,
           PAYNE, PAYTON, PETRONE, PRESTON, RAYMOND, READSHAW, RUBLEY,
           SABATINA, SANTONI, SCAVELLO, SHAPIRO, SHIMKUS, SIPTROTH,
           K. SMITH, M. SMITH, SOLOBAY, STURLA, J. TAYLOR, R. TAYLOR,
           TRUE, VEREB, WAGNER, WALKO, WANSACZ, WATSON, J. WHITE,
           WOJNAROSKI, YOUNGBLOOD, REED AND MANDERINO, MAY 13, 2008

        REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
           MAY 13, 2008

                                     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     definitions, for issuance of dog licenses, for applications
    16     for dog licenses, for kennels, for requirements for kennels,
    17     for out-of-State dealer license, for bills of sale, for
    18     revocation, suspension or refusal of kennel licenses, for
    19     transportation of dogs, for health certificates for
    20     importation, for inspections of premises and dogs and for
    21     additional duties of department; providing for refusal of


     1     entry; further providing for seizure and detention of dogs,
     2     for confinement of dogs, for dog bites, for registration, for
     3     certain requirements, for control of dangerous dogs, for
     4     public safety, for selling, bartering or trading dogs, for
     5     damages caused by coyotes, for burdens of proof, for
     6     enforcement, for rules and regulations and for violations;
     7     providing for exemption; further defining "releasing agency";
     8     and making editorial changes.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 102 of the act of December 7, 1982
    12  (P.L.784, No.225), known as the Dog Law, amended December 11,
    13  1996 (P.L.943, No.151), is amended to read:
    14  Section 102.  Definitions.
    15     The following words and phrases when used in this act shall
    16  have, unless the context clearly indicates otherwise, the
    17  meanings given to them in this section:
    18     "Abandon."  To forsake entirely or to neglect or refuse to
    19  provide or perform the legal obligations for the care and
    20  support of an animal by its owner or his agent.
    21     "Abandonment."  Relinquishment of all rights and claims to an
    22  animal by its owner.
    23     "Accelerant detection dog."  Any dog which is used
    24  exclusively for accelerant [detection, commonly referred to as
    25  arson canines] or other scent detection.
    26     "Agent."  A person defined in section 200 who is authorized
    27  by this act to process applications for dog license certificates
    28  and issue dog license certificates and tags.
    29     "Animal control officer."  Any person appointed to carry out
    30  the duties of dog control.
    31     "Attack."  The deliberate action of a dog, whether or not in
    32  response to a command by its owner, to bite, to seize with its
    33  teeth or to pursue any human or domestic animal.

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     1     "Boarding kennel."  Any [kennel] establishment available to
     2  the general public where a dog or dogs are housed [or trained]
     3  for compensation by the day, week or a specified or unspecified
     4  time. The term shall not include a kennel where the practice of
     5  veterinary medicine is performed if the kennel is covered by the
     6  provisions of the act of December 27, 1974 (P.L.995, No.326),
     7  known as the "Veterinary Medicine Practice Act." The term shall
     8  include any boarding facility operated by a licensed doctor of
     9  veterinary medicine whether or not this facility is on the same
    10  premises as a building or structure subject to the provisions of
    11  the "Veterinary Medicine Practice Act." The term shall include
    12  any establishment that, for consideration, takes control of a
    13  dog from the owner for a portion of a day for the purposes of
    14  exercise, day care or entertainment of the dog. For the purpose
    15  of this term, each time a dog enters the kennel it shall be
    16  counted as one dog. This term does not include dog grooming or
    17  dog training.
    18     ["Breeding kennel."  Any kennel operated for the purpose of
    19  breeding, buying and selling or in any way transferring dogs for
    20  nonresearch purposes.]
    21     "Cat."  The genus and species known as Felis catus.
    22     "Commercial kennel."  A kennel that breeds or whelps dogs
    23  and:
    24         (1)  sells or transfers any dog to a dealer or pet shop-
    25     kennel; or
    26         (2)  sells or transfers more than 60 dogs per calendar
    27     year.
    28     "Confiscate."  To appropriate property to the use of the
    29  government or to adjudge property to be forfeited to the public,
    30  without compensation to the owner of the property.
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     1     "County animal warden."  Any person employed or appointed
     2  under section 1002(a.1).
     3     "County treasurer."  The elected officer for any county or
     4  any county employee assigned to the office of the county
     5  treasurer charged with the receipt, custody and disbursements of
     6  its moneys or funds. The term county treasurer shall include
     7  those officials in home rule charter counties responsible for
     8  county treasurer's duties.
     9     "Coyote."  The genus and species known as Canis latrans.
    10     "Dangerous dog."  A dog determined to be a dangerous dog
    11  under section 502-A.
    12     "Dealer."  [Any person who owns or operates a dealer kennel
    13  in this Commonwealth or who buys, receives, sells, exchanges,
    14  negotiates, barters or solicits the sale, resale, exchange or
    15  transfer of a dog in this Commonwealth for the purpose of
    16  transferring ownership or possession to a third party.] A person
    17  who:
    18         (1)  publicly or privately sells or offers for sale any
    19     dog belonging to another person for consideration, a fee or a
    20     commission or percentage of the sale price;
    21         (2)  transfers dogs at wholesale for resale to another;
    22     or
    23         (3)  offers or maintains dogs at wholesale for resale to
    24     another.
    25     "Dealer kennel."  A kennel operating within the Commonwealth
    26  which:
    27         (1)  publicly or privately sells or offers for sale any
    28     dog [belonging to another person] as an owner, agent or
    29     assignee for a fee, commission or percentage of the sale
    30     price;
    20080H2525B3766                  - 4 -     

     1         (2)  [acquires, sells,] transfers[, exchanges or barters]
     2     dogs at wholesale for resale to another; or
     3         (3)  offers or maintains dogs [for sale, transfer,
     4     exchange or barter] at wholesale for resale to another. The
     5     term does not include a pound, shelter or common carrier or a
     6     kennel defined elsewhere in this section.
     7     "Department."  The Pennsylvania Department of Agriculture.
     8     "Dog."  The genus and species known as Canis familiaris.
     9     "Dog control."  The apprehending, holding and disposing of
    10  stray or unwanted dogs. Dog control may be performed by humane
    11  society police officers, police officers, State dog wardens or
    12  animal control officers.
    13     "Domestic animal."  Any dog, cat, equine animal or bovine
    14  animal, sheep, goat, pig, poultry, bird, fowl, confined hares,
    15  rabbits and mink, or any wild or semiwild animal maintained in
    16  captivity.
    17     "Establishment."  The premises on, in or through which a dog
    18  is kept, bred, harbored, boarded, sheltered, maintained, sold,
    19  given away, exchanged or in any way transferred.
    20         (1)  The term shall include all of the following:
    21             (i)  The home, homestead, place of business or
    22         operation of a person, including a dealer, which includes
    23         all of the land, property, housing facilities or any
    24         combination of land, property or housing facilities of
    25         the individual or person.
    26             (ii)  All of the persons residing in or on the
    27         establishment.
    28             (iii)  A person, organization, business or operation
    29         which utilizes offsite or rescue network kennel homes to
    30         keep, maintain, breed, train, harbor, board, shelter,
    20080H2525B3766                  - 5 -     

     1         sell, give away, adopt, exchange or in any way transfer
     2         dogs.
     3         (2)  The term shall not include a gathering of dog owners
     4     where dogs remain in the custody and care of their owners,
     5     such as a hotel or campground, grooming or training or an
     6     event such as a field trial, hunting event or dog show.
     7     "General administrative plan."  Written policies or
     8  guidelines set forth by the Department of Agriculture relating
     9  to inspection of kennels by the Department of Agriculture.
    10     "Housing facility."  A structure that provides animals with
    11  shelter, protection from the elements and protection from
    12  temperature extremes.
    13     "Humanely killed."  A method of destruction in accordance
    14  with the act of December 22, 1983 (P.L.303, No.83), referred to
    15  as the Animal Destruction Method Authorization Law.
    16     "Humane society or association for the prevention of cruelty
    17  to animals."  A nonprofit society or association duly
    18  incorporated pursuant to 15 Pa.C.S. Ch. 53 Subch. A (relating to
    19  incorporation generally) for the purpose of the prevention of
    20  cruelty to animals.
    21     "Humane society police officer."  Any person duly appointed
    22  pursuant to 22 Pa.C.S. § 501 (relating to appointment by
    23  nonprofit corporations) to act as a police officer for a humane
    24  society or association for the prevention of cruelty to animals.
    25  The term shall include any person who is an agent of a humane
    26  society or association for the prevention of cruelty to animals
    27  as agent is used in 18 Pa.C.S. § 5511 (relating to cruelty to
    28  animals).
    29     "Kennel."  Any establishment [wherein] in or through which at
    30  least 26 dogs are kept [for the purpose of breeding, hunting,
    20080H2525B3766                  - 6 -     

     1  training, renting, research or vivisection, buying, boarding,
     2  sale, show or any other similar purpose and is so constructed
     3  that dogs cannot stray therefrom.] or transferred in a calendar
     4  year, or a boarding kennel as defined in this act.
     5     "Licensed doctor of veterinary medicine."  A person who is
     6  currently licensed pursuant to the act of December 27, 1974
     7  (P.L.995, No.326), known as the "Veterinary Medicine Practice
     8  Act."
     9     "Nonprofit kennel."  [Any kennel operated by an animal rescue
    10  league, a humane society or association for the prevention of
    11  cruelty to animals] A kennel registered under the laws of this
    12  Commonwealth as a nonprofit entity or a nonprofit animal control
    13  kennel under sections 901 and 1002. The term shall include
    14  kennels operated by approved medical and veterinary schools and
    15  nonprofit institutions conducting medical and scientific
    16  research, which shall be required to register, but shall not be
    17  required to pay any of the following license fees, and which may
    18  use their own identification tags for dogs within their kennels
    19  without being required to attach tags hereinafter prescribed
    20  while dogs are within such kennels, if approved by the
    21  secretary.
    22     "Out-of-state dealer."  A person who does not reside in the
    23  Commonwealth of Pennsylvania and [who buys, receives, sells,
    24  exchanges, negotiates, barters or solicits the sale, resale,
    25  exchange or transfer of a dog in this Commonwealth for the
    26  purpose of transferring ownership or possession to a third
    27  party.] who:
    28         (1)  sells or offers for sale a dog belonging to another
    29     person in this Commonwealth, for any type of consideration,
    30     fee, commission or percentage of the sales price; or
    20080H2525B3766                  - 7 -     

     1         (2)  transfers a dog in this Commonwealth for resale to
     2     another for any type of consideration, fee, commission or
     3     percentage of the sales price.
     4     "Owner."  When applied to the proprietorship of a dog,
     5  includes every person having a right of property in such dog,
     6  and every person who keeps or harbors such dog or has it in his
     7  care, and every person who permits such dog to remain on or
     8  about any premises occupied by him.
     9     "Permanent identification" or "permanently identified."  Any
    10  long-lasting identification designed to be nonremovable, such as
    11  a tattoo or microchip, determined by the Department of
    12  Agriculture through regulation. Any dog permanently identified
    13  shall be required to bear a license tag in accordance with the
    14  provisions of this act.
    15     "Person with a disability."  A person who receives disability
    16  insurance or supplemental security income for the aged, blind or
    17  disabled under the Social Security Act (49 Stat. 620, 42 U.S.C.
    18  § 301 et seq.) or who receives a rent or property tax rebate
    19  under the act of March 11, 1971 (P.L.104, No.3), known as the
    20  "Senior Citizens Rebate and Assistance Act," on account of
    21  disability or who has a handicapped license plate under 75
    22  Pa.C.S. § 1338 (relating to handicapped plate and placard).
    23     "Persons."  Includes State and local officers, or employees,
    24  individuals, corporations, copartnerships and associations.
    25  Singular words shall include the plural. Masculine words shall
    26  include the feminine and neuter.
    27     "Pet shop-kennel."  Any kennel or person that acquires and
    28  sells dogs for the purpose of resale, whether as owner, agent or
    29  consignee, and sells or offers to sell such dogs on a retail
    30  basis.
    20080H2525B3766                  - 8 -     

     1     "Police officer."  Any person employed or elected by this
     2  Commonwealth, or by any municipality and whose duty it is to
     3  preserve peace or to make arrests or to enforce the law. The
     4  term includes constables and dog, game, fish and forest wardens.
     5     "Primary enclosure."  The primary structure that restricts a
     6  dog's ability to move in a limited amount of space, such as a
     7  room, cage or compartment. The term does not include any run
     8  described in section 207(i)(6).
     9     "Private kennel."  A kennel not meeting the definition of
    10  commercial kennel, at, in, or adjoining a residence where dogs
    11  are kept or bred by their owner, for the purpose of hunting,
    12  tracking and exhibiting in dog shows, or field and obedience
    13  trials.
    14     "Proper enclosure of a dangerous dog."  The secure
    15  confinement of a dangerous dog either indoors or in a securely
    16  enclosed and locked pen or structure, suitable to prevent the
    17  entry of young children and domestic animals and designed to
    18  prevent the [animal] dangerous dog from escaping. [Such] The pen
    19  or structure shall have secure sides and a secure top and shall
    20  also provide protection from the elements for the dog. If the
    21  pen or structure has no bottom secured to the sides, the sides
    22  must be embedded at least two feet into the ground.
    23     "Public place."  A place in this Commonwealth to which the
    24  general public has a right to resort. A public place need not be
    25  a place devoted solely to use by the public, but may be a place
    26  which is visited by many persons on a regular basis and is
    27  usually accessible to the neighboring public. A public place
    28  shall also include television and radio media.
    29     "Rescue network kennel."  A kennel that utilizes rescue
    30  network kennel homes with the goal of ultimately transferring
    20080H2525B3766                  - 9 -     

     1  the dog to a permanent owner or keeper through any means of
     2  transfer.
     3     "Rescue network kennel home."  An establishment to which a
     4  rescue network kennel assigns a dog until the dog is ultimately
     5  transferred to a permanent home.
     6     "Research."  Investigation or experimentation aimed at the
     7  discovery and interpretation of facts or procedures, revision of
     8  accepted theories or laws in the light of new facts or practical
     9  application of such new or revised theories or laws as related
    10  to the advancement of medical science and technological
    11  treatment of disease or surgical operations, medical procedures,
    12  transplants, functions and any form of medical or
    13  pharmacological actions on dogs when applied and personally
    14  supervised by a qualified scientist with degrees approved by the
    15  secretary.
    16     "Research kennel."  [Any kennel within the Commonwealth
    17  wherein research is conducted with dogs, or where vivisection is
    18  practiced with dogs, or any establishment which breeds, buys,
    19  sells, or in any way transfers dogs to laboratories, hospitals,
    20  establishments for research or any other similar purpose, or
    21  which sells, gives away or in any way transfers dogs to another
    22  research or dealer kennel.] Any Federal research kennel or other
    23  research kennel duly registered with and inspected by the
    24  Federal Government under the provisions of the Animal Welfare
    25  Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.) and its
    26  attendant regulations.
    27     "Secretary."  The Secretary of Agriculture or any person to
    28  whom authority has been delegated by the Secretary of
    29  Agriculture.
    30     "Seizure."  The act of taking possession of property for a
    20080H2525B3766                 - 10 -     

     1  violation of law or the taking or removal from the possession of
     2  another. The term shall not include the taking of ownership of
     3  property.
     4     "Service dog."  Any dog which has been trained as a guide
     5  dog, signal dog or has been trained to do work or perform tasks
     6  for the benefit of an individual with a disability, including,
     7  but not limited to, guiding individuals with impaired vision,
     8  alerting individuals with impaired hearing to intruders or
     9  sounds, pulling a wheelchair or fetching dropped items.
    10     "Severe injury."  Any physical injury that results in broken
    11  bones or disfiguring lacerations requiring multiple sutures or
    12  cosmetic surgery.
    13     "State dog warden."  An employee of the department whose
    14  primary duty is to enforce this act and the regulations pursuant
    15  thereto.
    16     "Veterinarian."  A doctor of veterinary medicine licensed
    17  under the act of December 27, 1974 (P.L.995, No.326), known as
    18  the "Veterinary Medicine Practice Act."
    19     "Vivisection."  The cutting of or operation on a living
    20  animal for physical or pathological investigation or animal
    21  experimentation.
    22     "Wild" or "semiwild animal."  A domestic animal which is now
    23  or historically has been found in the wild, including, but not
    24  limited to, bison, deer, elk, llamas or any species of foreign
    25  or domestic cattle, such as ankole, gayal and yak.
    26     Section 2.  Section 200(a), (b), (e) and (f) of the act,
    27  added December 11, 1996 (P.L.943, No.151), are amended and the
    28  section is amended by adding subsections to read:
    29  Section 200.  Issuance of dog licenses; compensation; proof
    30                 required; deposit of funds; records; license
    20080H2525B3766                 - 11 -     

     1                 sales; rules and regulations; failure to comply;
     2                 unlawful acts; penalty.
     3     (a)  Issuance of dog licenses.--
     4         (1)  The county treasurer shall be an agent and shall
     5     process applications for dog license certificates and issue
     6     dog license certificates and tags.
     7         (1.1)  The county treasurer shall be permitted and may
     8     permit agents to issue vanity or collector tags that are
     9     approved by the department, in addition to the license.
    10         (2)  The county treasurer may authorize district justices
    11     to be agents and to process applications for dog license
    12     certificates and to issue dog license certificates and tags.
    13         (3)  The county treasurer may authorize other agents
    14     within the county to process dog license certificates and to
    15     issue dog license certificates and tags. At least half of the
    16     agents appointed in each county shall have hours of operation
    17     after 5 p.m. at least one weekday and shall be open at least
    18     one day of each weekend. Agents who have been appointed by
    19     their respective county treasurers under this paragraph shall
    20     meet bonding requirements as their respective county
    21     treasurers may require.
    22         (4)  The secretary shall have the authority, after a
    23     review of the agents appointed by a county treasurer, to
    24     appoint agents within each county to process dog license
    25     certificates and to issue dog license certificates and tags.
    26     Priority shall be given to licensed doctors of veterinary
    27     medicine and kennels licensed under this act. At least half
    28     of the agents appointed in each county shall have hours of
    29     operation after 5 p.m. at least one weekday and shall be open
    30     at least one day of each weekend. Agents appointed by the
    20080H2525B3766                 - 12 -     

     1     secretary under this paragraph shall be required to post a
     2     bond or other security instrument in a form satisfactory to
     3     the secretary in an amount he determines. The secretary may
     4     recall the appointment of any agent at any time.
     5         (5)  Agents who have been appointed by their respective
     6     county treasurers prior to the effective date of this section
     7     may continue to act as agents for the county treasurers under
     8     such bonding requirements as the county treasurer may
     9     require.
    10     (b)  Compensation.--For services rendered in collecting and
    11  paying over dog license fees, agents, for as long as they
    12  continue to act in that capacity, may collect and retain a sum
    13  [of] equal to the cost of a postage stamp plus $1 for each dog
    14  license sold, which amount shall be full compensation for
    15  services rendered by them under this act. The compensation shall
    16  be retained by the respective agents and shall cover, among
    17  other things, the cost of processing and issuing dog licenses,
    18  postage, mailing, returns and bonding of the agents. A district
    19  justice authorized by the county treasurer to process
    20  applications for dog license certificates and issue dog license
    21  certificates [and tags] is not authorized to collect
    22  compensation under this subsection. Agents under subsection
    23  (a)(3) and (5) shall collect an additional 50¢ which shall be
    24  remitted to the county treasurer, for the use of the county, in
    25  the same manner as records are forwarded under subsection (e).
    26     (b.1)  Mailings.--Dog license mailings, renewals and other
    27  notices related to State dog licenses shall not contain any
    28  extraneous advertising, promotions or other materials not
    29  previously approved in writing by the department. Department-
    30  approved advertising, promotions or other materials may not add
    20080H2525B3766                 - 13 -     

     1  to the cost of postage to be paid by the department.
     2     * * *
     3     (e)  Records.--Each agent shall keep on a printed form
     4  supplied by the department a correct and complete record of all
     5  dog licenses issued and funds that are received or delinquent.
     6  The records shall be available at reasonable hours for
     7  inspection by any employee of the department charged with the
     8  enforcement of this act or any representative of the Department
     9  of Auditor General or Office of Attorney General. Within five
    10  days following the first day of each month, each agent shall
    11  forward to the secretary and to the county treasurer of the
    12  county in which the agent is situated, on forms supplied by the
    13  department, a complete report of dog licenses issued, in correct
    14  numerical sequence. All money collected from the sale of dog
    15  licenses, less compensation if collected, and any other
    16  information required by the secretary shall be forwarded to the
    17  secretary with the report.
    18     (e.1)  Electronic records.--Within 180 days of the effective
    19  date of this section, each county treasurer shall submit to the
    20  secretary an electronic data file of license holders. The county
    21  treasurer shall monthly update the data file and submit the
    22  updated file monthly to reflect all new applicants.
    23     (f)  License sales.--Each agent shall process applications
    24  and issue dog license certificates on a year-round basis.
    25  Nothing in this act shall permit an agent while acting in that
    26  capacity to suspend license sales during any time. If checks are
    27  returned for delinquent funds or the proper dog license fee is
    28  not collected for any reason, the agent shall report the
    29  delinquency to the department on a form supplied by the
    30  department.
    20080H2525B3766                 - 14 -     

     1     * * *
     2     Section 3.  Sections 201 and 206 of the act, amended December
     3  11, 1996 (P.L.943, No.151), are amended to read:
     4  Section 201.  Applications for dog licenses; fees; penalties.
     5     (a)  General rule.--Except as provided in subsection (b), on
     6  or before January 1 of each year, [unless and until the
     7  department promulgates regulations establishing a system of dog
     8  license renewal on an annual basis throughout the calendar
     9  year,] the owner of any dog, three months of age or older,
    10  except as hereinafter provided, shall apply to the county
    11  treasurer of his respective county or an agent under section
    12  200(a), on a form prescribed by the department for [a] the
    13  appropriate license for [such] the dog. The application and
    14  license certificate shall state the breed, sex, age, color and
    15  markings of [such] the dog, the name, address and telephone
    16  number of the owner and the year of licensure. The application
    17  shall be accompanied by the appropriate license fee [as follows:
    18         (1)  For each neutered male dog and for each spayed
    19     female dog for which the certificate of a licensed doctor of
    20     veterinary medicine or the affidavit of the owner is
    21     produced, the license fee shall be $5.
    22         (2)  For all other male and female dogs, the license fee
    23     shall be $7.
    24         (3)  For Pennsylvania residents 65 years of age or older
    25     and persons with disabilities:
    26             (i)  For each neutered male dog and for each spayed
    27         female dog for which the certificate of a licensed doctor
    28         of veterinary medicine or the affidavit of the owner is
    29         produced, the license fee shall be $3.
    30             (ii)  For all other male and female dogs, the license
    20080H2525B3766                 - 15 -     

     1         fee shall be $5.], which shall be set by regulation and
     2         shall include all of the following classes of licenses:
     3         (1)  Neutered male dog or spayed female dog, the fee for
     4     which shall be lower than that paid for all other male and
     5     female dogs. For this license classification the owner or
     6     keeper of the dog shall provide a certificate of a licensed
     7     doctor of veterinary medicine or the affidavit of the owner
     8     or keeper as evidence the dog is neutered or spayed.
     9         (2)  Except as provided in paragraph (1) or (3), all
    10     other male or female dogs.
    11         (3)  Male or female dog owned by a Pennsylvania resident
    12     65 years of age or older or a person with a disability, the
    13     fee for which shall be lower than that paid by residents
    14     under the age of 65 or without disabilities. The following
    15     shall apply:
    16             (i)  For each neutered male dog and for each spayed
    17         female dog for which the certificate of a licensed doctor
    18         of veterinary medicine or the affidavit of the owner is
    19         produced, the fee shall be lower than that paid under
    20         paragraph (1).
    21             (ii)  For all other male and female dogs, the fee
    22         shall be lower than that charged under paragraph (2).
    23         (4)  Compensation, if collected under section 200(b),
    24     shall also be paid by all applicants, regardless of age or
    25     disability.
    26         (5)  All additional costs of a vanity or collector tag
    27     issued under this subsection shall be in addition to the
    28     required license fee under this section. The additional cost
    29     shall be split evenly between the county treasurer that
    30     issued the license and the Dog Law Restricted Account. No
    20080H2525B3766                 - 16 -     

     1     vanity or collector tag may be issued without approval of the
     2     department.
     3     (b)  Lifetime license.--
     4         (1)  The owner of any dog three months of age or older
     5     which has been permanently identified may apply to the county
     6     treasurer of his respective county or an agent under section
     7     200(a), on a form prescribed by the department for a lifetime
     8     license for such a dog. Except as otherwise provided in this
     9     act, a dog which has been issued a lifetime license shall be
    10     required to wear a license tag. The application and license
    11     certificate shall state the breed, sex, age, color and
    12     markings of such dog, the type and number of permanent
    13     identification and the name, address and telephone number of
    14     the owner. The application shall be accompanied by the
    15     appropriate license fee [as follows:
    16         (1)  For each neutered male dog and for each spayed
    17     female dog for which the certificate of a licensed doctor of
    18     veterinary medicine or the affidavit of the owner is
    19     produced, the lifetime license fee shall be $30.
    20         (2)  For all other male and female dogs, the license fee
    21     shall be $50.
    22         (3)  For Pennsylvania residents 65 years of age or older
    23     and persons with disabilities:
    24             (i)  For each neutered male dog and for each spayed
    25         female dog for which the certificate of a licensed doctor
    26         of veterinary medicine or the affidavit of the owner is
    27         produced, the license fee shall be $20.
    28             (ii)  For all other male and female dogs, the license
    29         fee shall be $30.
    30         (4)  Compensation, if collected under section 200(b),
    20080H2525B3766                 - 17 -     

     1     shall also be paid by all applicants, regardless of age or
     2     disability. A dog which has been issued a lifetime license
     3     prior to the effective date of this act shall not be subject
     4     to fees under this subsection.], which shall be set by
     5     regulations and shall include the license categories under
     6     subsection (a). Compensation, if collected under section
     7     200(b), shall also be paid by all applicants, regardless of
     8     age or disability.
     9         (2)  A dog which has been issued a lifetime license prior
    10     to the effective date of this paragraph shall not be subject
    11     to fees under this subsection.
    12         (3)  All additional costs of a vanity or collector tag
    13     issued under this subsection shall be charged in addition to
    14     the fees under this section. The additional cost shall be
    15     split evenly between the county treasurer that issued the tag
    16     and the Dog Law Restricted Account. No vanity or collector
    17     tag may be issued without approval of the department.
    18     (c)  Penalty.--A person who violates this section commits a
    19  summary offense and, upon conviction, shall be sentenced to pay
    20  a fine of not less than [$25] $50 nor more than $300 for each
    21  unlicensed dog. Fraudulent statements, including those related
    22  to the breed of the dog, failure to pay the appropriate fee, or
    23  failure to update records, including address and contact
    24  information, within 120 days of moving, constitute a violation.
    25  The burden of proof shall be the same as under section 802.
    26  Section 206.  Kennels.
    27     (a)  Applications, kennel license classifications and fees.--
    28  Any person who is a dealer or keeps or operates a [Class I,
    29  Class II, Class III, Class IV or Class V Kennel, Boarding Kennel
    30  Class I, Boarding Kennel Class II, Boarding Kennel Class III or
    20080H2525B3766                 - 18 -     

     1  nonprofit] kennel shall, on or before January 1 of each year,
     2  apply to the department for a kennel license. Kennels shall be
     3  classified by type and the fee for the license, which shall be
     4  set by regulation, shall be determined by the kennel type, the
     5  number of dogs housed, kept, harbored, boarded, sheltered, sold,
     6  given away or transferred in or by the kennel. The application
     7  forms and kennel licenses shall be as designated by the
     8  secretary. A separate license shall be required for each type of
     9  kennel and every location at which a kennel is kept or operated.
    10  A kennel license is required to keep or operate any
    11  [establishment that keeps, harbors, boards, shelters, sells,
    12  gives away or in any way transfers a cumulative total of 26 or
    13  more dogs of any age in any one calendar year] kennel. All
    14  kennel licenses shall expire on December 31. When two or more
    15  licensed kennels are operated by the same person at the same
    16  location, each kennel shall be inspected and licensed [for each
    17  use.] as required by law.
    18     Dealer License.
    19     A dealer, whether residing in this Commonwealth or outside
    20  this Commonwealth, who sells, exchanges, negotiates, barters,
    21  gives away or solicits the sale, resale, exchange or transfer of
    22  a dog in this Commonwealth for the purpose of transferring
    23  ownership or possession to a third party shall obtain a dealer
    24  license from the department, which shall be applied for and may
    25  be renewed.
    26     Kennel Class I.
    27     To keep or operate a private kennel, pet shop-kennel,
    28  research kennel, rescue network kennel, dealer kennel or
    29  [breeding] kennel for a [cumulative] total of 50 dogs or less of
    30  any age during a calendar year [- $75 per year].
    20080H2525B3766                 - 19 -     

     1     Kennel Class II.
     2     To keep or operate a private kennel, pet-shop kennel,
     3  research kennel, rescue network kennel, dealer kennel or
     4  [breeding] kennel for a [cumulative] total of 51 to 100 dogs of
     5  any age during a calendar year [- $200 per year].
     6     Kennel Class III
     7     To keep or operate a private kennel, pet shop-kennel,
     8  research kennel, rescue network kennel, dealer kennel or
     9  [breeding] kennel for a [cumulative] total of 101 to 150 dogs of
    10  any age during a calendar year [- $300 per year].
    11     Kennel Class IV
    12     To keep or operate a private kennel, pet shop-kennel,
    13  research kennel, rescue network kennel, dealer kennel or
    14  [breeding] kennel for a [cumulative] total of 151 to 250 dogs of
    15  any age during a calendar year [- $400 per year].
    16     Kennel Class V
    17     To keep or operate a private kennel, pet shop-kennel,
    18  research kennel, rescue network kennel, dealer kennel or
    19  [breeding] kennel for a [cumulative] total of 251 [or more] to
    20  500 dogs of any age during a calendar year [- $500 per year].
    21     Kennel Class VI
    22     To keep or operate a private kennel, pet shop-kennel,
    23  research kennel, rescue network kennel, kennel or dealer kennel
    24  for a total of 501 to 750 dogs of any age during a calendar
    25  year.
    26     Kennel Class VII
    27     To keep or operate a private kennel, pet shop-kennel,
    28  research kennel, rescue network kennel, kennel or dealer kennel
    29  for a total of 751 to 1,000 dogs of any age during a calendar
    30  year.
    20080H2525B3766                 - 20 -     

     1     Kennel Class VIII
     2     To keep or operate a private kennel, pet shop-kennel,
     3  research kennel, rescue network kennel, kennel or dealer kennel
     4  for a total of 1,001 to 1,500 dogs of any age during a calendar
     5  year.
     6     Kennel Class IX
     7     To keep or operate a private kennel, pet shop-kennel,
     8  research kennel, rescue network kennel, kennel or dealer kennel
     9  for a total of 1,501 to 2,000 dogs of any age during a calendar
    10  year.
    11     Kennel Class X
    12     To keep or operate a private kennel, pet shop-kennel,
    13  research kennel, rescue network kennel, kennel or dealer kennel
    14  for a total of 2,001 to 2,500 dogs of any age during a calendar
    15  year.
    16     Kennel Class XI
    17     To keep or operate a private kennel, pet shop-kennel,
    18  research kennel, rescue network kennel, kennel or dealer kennel
    19  for a total of 2,501 to 3,000 dogs of any age during a calendar
    20  year.
    21     Kennel Class XII
    22     To keep or operate a private kennel, pet shop-kennel,
    23  research kennel, rescue network kennel, kennel or dealer kennel
    24  for a total of more than 3,001 dogs of any age during a calendar
    25  year.
    26     Boarding Kennel Class I
    27     To keep or operate a boarding kennel having the capacity to
    28  accommodate a total of 1 to 10 dogs at any time during a
    29  calendar year [- $100 per year].
    30     Boarding Kennel Class II
    20080H2525B3766                 - 21 -     

     1     To keep or operate a boarding kennel having the capacity to
     2  accommodate a total of 11 to 25 dogs at any time during a
     3  calendar year [- $150 per year].
     4     Boarding Kennel Class III
     5     To keep or operate a boarding kennel having the capacity to
     6  accommodate 26 or more dogs at any time during a calendar year
     7  [- $250 per year].
     8     Nonprofit Kennel [- $25 per year.]
     9     To keep or operate a nonprofit kennel.
    10     Kennel Class C-I
    11     To keep or operate a commercial kennel for a total of 50 dogs
    12  or less of any age during a calendar year.
    13     Kennel Class C-II
    14     To keep or operate a commercial kennel for a total of 51 to
    15  100 dogs of any age during a calendar year.
    16     Kennel Class C-III
    17     To keep or operate a commercial kennel for a total of 101 to
    18  150 dogs of any age during a calendar year.
    19     Kennel Class C-IV
    20     To keep or operate a commercial kennel for a total of 151 to
    21  200 dogs of any age during a calendar year.
    22     Kennel Class C-V
    23     To keep or operate a commercial kennel for a total of 201 to
    24  500 dogs of any age during a calendar year.
    25     Kennel Class C-VI
    26     To keep or operate a commercial kennel for a total of 501 to
    27  750 dogs of any age during a calendar year.
    28     Kennel Class C-VII
    29     To keep or operate a commercial kennel for a total of 751 to
    30  1,000 dogs of any age during a calendar year.
    20080H2525B3766                 - 22 -     

     1     Kennel Class C-VIII
     2     To keep or operate a commercial kennel for a total of 1,001
     3  to 1,500 dogs of any age during a calendar year.
     4     Kennel Class C-IX
     5     To keep or operate a commercial kennel for a total of 1,501
     6  to 2,000 dogs of any age during a calendar year.
     7     Kennel Class C-X
     8     To keep or operate a commercial kennel for a total of 2,001
     9  to 2,500 dogs of any age during a calendar year.
    10     Kennel Class C-XI
    11     To keep or operate a commercial kennel for a total of 2,501
    12  to 3,000 dogs of any age during a calendar year.
    13     Kennel Class C-XII
    14     To keep or operate a commercial kennel for a total of more
    15  than 3,001 dogs of any age during a calendar year.
    16     (b)  Nonprofit kennels.--A nonprofit kennel shall apply for a
    17  nonprofit kennel license. Such kennel may use its own
    18  identification tags for dogs confined therein. The secretary may
    19  approve, upon application, the removal of tags from licensed
    20  dogs confined therein. A rescue network kennel may be a
    21  nonprofit kennel if it meets the definition of nonprofit kennel.
    22     (d)  Issuance of tags.--The department shall issue the number
    23  of tags equal to the number of dogs three months of age or
    24  older, or a lesser number as determined by the kennel owner's
    25  needs, approved by the secretary to be kept in a kennel
    26  described under this section. All tags shall bear the name of
    27  the county where they are issued, the kennel license number and
    28  any other information required by the secretary through
    29  regulations. The tags shall be utilized and displayed as set
    30  forth in section 207(d).
    20080H2525B3766                 - 23 -     

     1     (e)  Kennel [removed to another county] closing, changing
     2  name or moving to another location.--If a person that keeps or
     3  operates a kennel [permanently removes the kennel to another
     4  county] closes, changes its name or moves to another location,
     5  the person shall file an application with the secretary [to
     6  transfer the license to the county of removal] notifying the
     7  secretary of the move, closure, transfer or change of name. Upon
     8  approval by the secretary, which shall require an inspection and
     9  approval of the new facility, the kennel license [shall] may be
    10  allowed to remain in effect until [it has expired pursuant to
    11  this section.] the end of the calendar year at which time it
    12  shall be renewed in accordance with this act. If a kennel is
    13  closing, the secretary must conduct a post-closure inspection.
    14     (f)  Adequacy of fees.--On or before July 1[, 1998] of each
    15  year, the department shall submit a report to the chairperson
    16  and minority chairperson of the Agriculture and Rural Affairs
    17  Committee of the Senate and the chairperson and minority
    18  chairperson of the Agriculture and Rural Affairs Committee of
    19  the House of Representatives comparing the expenses incurred by
    20  the department for enforcing this act with regard to kennels and
    21  the revenues received by the department in accordance with this
    22  section.
    23     Section 4.  Section 207(a.1), (c) and (d) of the act, amended
    24  December 11, 1996 (P.L.943, No.151), are amended and the section
    25  is amended by adding subsections to read:
    26  Section 207.  Requirements for kennels.
    27     (a.1)  Prohibition to operate; injunction; fines.--It shall
    28  be unlawful for kennels described under section 206 to operate
    29  without first obtaining a kennel license from the department.
    30  The secretary shall not approve any kennel license application
    20080H2525B3766                 - 24 -     

     1  unless such kennel has been inspected and approved by a State
     2  dog warden or employee of the department. The secretary may file
     3  a suit in equity in the Commonwealth Court to enjoin the
     4  operation of any kennel that violates any of the provisions of
     5  this act. [In addition, the secretary may seek in such suit the
     6  imposition of a fine for every day in violation of this act for
     7  an amount not less than $100 nor more than $500 per day.] It
     8  shall be no defense to any civil penalty or criminal prosecution
     9  under this act that a person operating a kennel failed to
    10  properly obtain the appropriate license.
    11     (a.2)  Civil penalties and remedies.--The following shall
    12  apply to civil penalties and remedies for unlicensed kennels:
    13         (1)  In addition to proceeding under any other remedy
    14     available at law or in equity for a violation of a provision
    15     of this act or a rule or regulation adopted or order issued
    16     under this act, the secretary may assess a civil penalty, in
    17     addition to any penalty under section 903(c), against an
    18     unlicensed kennel of not less than $500 nor more than $1,000
    19     for each day it operates in violation of this act. The
    20     penalty shall be premised on the gravity and willfulness of
    21     the violation, the potential harm to the health and safety of
    22     the animals and the public, previous violations and the
    23     economic benefit to the violator for failing to comply with
    24     this act.
    25         (2)  In cases of inability to collect the civil penalty
    26     or failure of a person to pay all or a portion of the
    27     penalty, the secretary may refer the matter to the Office of
    28     Attorney General, which shall institute an action in the
    29     appropriate court to recover the penalty.
    30     (a.3)  Cease and desist order.--
    20080H2525B3766                 - 25 -     

     1         (1)  The secretary may provide a written order to cease
     2     and desist operating to an owner who is operating a kennel
     3     without a license. The order shall set forth the general
     4     factual and legal basis for the action and shall advise the
     5     affected person that within ten days of receipt of the order,
     6     he may file with the secretary a written request for an
     7     administrative hearing. The order to cease and desist shall
     8     become a final order of the department upon expiration of the
     9     ten-day period for requesting an administrative hearing,
    10     unless a timely request has been filed with the department.
    11     Upon receiving a cease and desist order, the unlicensed
    12     kennel shall immediately cease and desist from operating a
    13     kennel, including boarding, buying, exchanging, selling,
    14     giving away or in any way transferring dogs. The kennel shall
    15     divest of all dogs over 25 dogs, unless otherwise directed,
    16     within a reasonable time period determined by the department
    17     but not to exceed ten days. The department shall set forth
    18     the manner by which the kennel may divest of the dogs. That
    19     person shall be subject to the conditions established under
    20     paragraph (2).
    21         (2)  An unlicensed kennel that has timely filed a request
    22     for an administrative hearing shall be allowed to operate
    23     under the conditions set forth under section 211(c)(3), (4),
    24     (5), (6), (7), (8) and (9) and removal of dogs may occur
    25     under section 211(d), (e) and (f).
    26     (c)  Records to be maintained.--Every keeper of a kennel
    27  shall keep, for two years, a record of each dog at any time kept
    28  in the kennel. Such record shall show:
    29         (1)  The breed, color, markings, sex and age of each dog.
    30         (2)  The date on which each dog entered the kennel.
    20080H2525B3766                 - 26 -     

     1         (3)  [From where it came] The full name and physical
     2     address of the previous owner or kennel from whom the dog was
     3     received.
     4         (4)  [To whom it belongs] The full name and physical
     5     address of the person or kennel to whom the dog belongs.
     6         (5)  For what purpose each dog is kept in the kennel.
     7         (6)  The date on which each dog leaves the kennel.
     8         (7)  How [and to whom it is dispensed.] the dog is
     9     dispensed. If the dog was transferred to another person or
    10     kennel, the record must state the full name and physical
    11     address of the person or kennel to whom the dog was
    12     dispensed.
    13         (8)  The name, address and telephone number of the
    14     licensed doctor of veterinary medicine used by the kennel.
    15  Such record shall be legible and shall be open to inspection and
    16  may be copied by any employee of the department, State dog
    17  warden or police officer as defined by this act.
    18     (c.1)  Nonprofit kennels.--All nonprofit kennels shall be
    19  required to keep all records required to be kept under this
    20  section to the extent possible.
    21     (d)  [Additional requirements] Tags.--Every holder of a
    22  kennel license shall attach one tag to a collar or harness of
    23  each dog three months old or older kept by that person, whenever
    24  the dog is not within the kennel except as provided for in
    25  section 202[.], or during a hunt, show, performance, event or
    26  field trial or, in the case of a dealer or a rescue kennel,
    27  utilizing rescue kennel network homes. Dogs housed in rescue
    28  kennel network homes shall have and display the dealer's tag or
    29  rescue kennel network home's tag or individual dog license as
    30  provided in this section.
    20080H2525B3766                 - 27 -     

     1     (e)  Display of kennel license.--The following shall apply:
     2         (1)  A person operating a kennel required to be licensed
     3     under this act shall display, in a place conspicuous to
     4     persons authorized to enter, a current and valid kennel
     5     license certificate issued by the department. The kennel
     6     license certificate shall show all of the following:
     7             (i)  The year for which it was issued.
     8             (ii)  The kennel class and type.
     9             (iii)  The number of dogs allowed to be housed in
    10         that class of kennel per calendar year.
    11         (2)  Rescue network kennel homes associated with a dealer
    12     or rescue kennel network shall display a copy of the dealer's
    13     or the rescue kennel network's kennel license.
    14         (3)  If the secretary revokes, suspends or denies a
    15     kennel license, the department shall issue a notice of
    16     revocation, suspension or denial. The notice shall be posted
    17     in a place conspicuous to persons authorized to enter and
    18     approved by the department for a period of time as provided
    19     in this subsection. In the case of a revocation or denial of
    20     a kennel license, the kennel shall display the notice of
    21     revocation or denial until such time as the kennel has ceased
    22     to operate or as the department determines and sets forth in
    23     the order. In the case of a suspension, the notice of
    24     suspension shall be posted until the time period of the
    25     suspension has run or the department has reissued a valid
    26     kennel license.
    27         (4)  If the secretary finds a kennel operating without a
    28     license, the kennel, upon notice of violation or order, shall
    29     display a notice of violation issued by the department. The
    30     notice shall be posted in a place conspicuous to persons
    20080H2525B3766                 - 28 -     

     1     authorized to enter and approved by the department until the
     2     time as the kennel has ceased to operate or as the department
     3     determines and sets forth in the order or until such time as
     4     the kennel has come into compliance and the secretary has
     5     issued a valid kennel license.
     6         (5)  Failure to display a current and valid kennel
     7     license certificate or a notice of revocation, suspension or
     8     denial as provided in this subsection constitutes a violation
     9     of this act.
    10     (f)  (Reserved).
    11     (g)  Additional requirements for boarding kennels, nonprofit
    12  kennels and Kennel Class I through XII license holders.--The
    13  following shall apply to boarding kennels and Kennel Class I
    14  through XII license holders:
    15         (1)  Kennels under this subsection must develop and
    16     follow an appropriate plan to provide dogs with the
    17     opportunity for exercise. The plan shall be approved by a
    18     veterinarian.
    19         (2)  All kennels for dogs shall be equipped with smoke
    20     alarms or fire extinguishers. Housing facilities shall be
    21     equipped with fire extinguishers on the premises. An indoor
    22     housing facility may have a sprinkler system.
    23     (h)  Additional requirements for Kennel Class C license
    24  holders.--The following shall apply to primary enclosures for
    25  all dogs in a kennel of a Class C license holder:
    26         (1)  Primary enclosures must be designed and constructed
    27     so that they are structurally sound and must be kept in good
    28     repair.
    29         (2)  Primary enclosures must meet the following
    30     requirements:
    20080H2525B3766                 - 29 -     

     1             (i)  Have no sharp points or edges that could injure
     2         the dogs.
     3             (ii)  Be maintained in a manner to protect the dogs
     4         from injury.
     5             (iii)  (Reserved).
     6             (iv)  Keep animals other than dogs from entering the
     7         enclosure.
     8             (v)  Enable the dogs to remain dry and clean.
     9             (vi)  Provide shelter and protection from
    10         temperatures and weather conditions that may be
    11         uncomfortable or hazardous to any dog.
    12             (vii)  Provide sufficient space to shelter all the
    13         dogs housed in the primary enclosure at one time.
    14             (viii)  Provide potable water at all times, unless
    15         otherwise directed by a veterinarian in a writing that
    16         shall be kept in the kennel records.
    17             (ix)  Enable all surfaces in contact with the dogs to
    18         be readily cleaned and sanitized in accordance with
    19         paragraph (14) or be replaceable when worn or soiled.
    20             (x)  Have floors that are constructed in a manner
    21         that protects the dogs' feet and legs from injury.
    22             (xi)  Provide space to allow each dog to turn about
    23         freely, to stand, sit and lie in a comfortable and normal
    24         position. The dog must be able to lie down while fully
    25         extended without the dog's head, tail, legs, face or feet
    26         touching any side of the enclosure.
    27             (xii)  The interior height of a primary enclosure
    28         shall be at least six inches higher than the head of the
    29         tallest dog in the enclosure when it is in a normal
    30         standing position.
    20080H2525B3766                 - 30 -     

     1         (3)  Each bitch with nursing puppies shall be provided
     2     with an additional amount of floor space, based on her breed
     3     and behavioral characteristics and in accordance with
     4     generally accepted husbandry practices as determined by the
     5     attending veterinarian. If the additional amount of floor
     6     space for each nursing puppy is less than 5% of the minimum
     7     requirement for the bitch, the amount of floor space must be
     8     approved in writing by the attending veterinarian and shall
     9     be kept in the kennel records.
    10         (4)  All dogs housed in the same primary enclosure must
    11     be compatible, as determined by observation. Not more than
    12     six adult dogs may be housed in the same primary enclosure.
    13     Bitches in heat may not be housed in the same primary
    14     enclosure with sexually mature males, except for breeding.
    15     Bitches with litters may not be housed in the same primary
    16     enclosure with other adult dogs, and puppies under 12 weeks
    17     of age may not be housed in the same primary enclosure with
    18     adult dogs, other than the dam or foster dam. Dogs with a
    19     vicious or aggressive disposition must be housed separately.
    20         (5)  A program of veterinary care shall be established
    21     through consultation with a veterinarian and include a
    22     physical examination and vaccination schedule, a protocol for
    23     disease control and prevention, pest and parasite control,
    24     nutrition, emergency care and euthanasia. A copy of the
    25     program shall be kept in the kennel records.
    26         (6)  Housing facilities for dogs must be sufficiently
    27     heated and cooled to protect the dogs from temperature or
    28     humidity extremes and to provide for their health and well-
    29     being. If dogs are present, the ambient temperature in the
    30     facility must not fall below 50 degrees F. The ambient
    20080H2525B3766                 - 31 -     

     1     temperature must not rise above 85 degrees F (29.5 degrees C)
     2     when dogs are present. The requirements under this paragraph
     3     are in addition to all other requirements pertaining to
     4     climatic conditions in this chapter.
     5         (7)  Housing facilities for dogs must be sufficiently
     6     ventilated at all times when dogs are present to provide for
     7     their health and well-being and to minimize odors, drafts,
     8     ammonia levels and to prevent moisture condensation.
     9     Ventilation must be provided by windows, vents, fans or air
    10     conditioning. Auxiliary ventilation or air conditioning must
    11     be provided when the ambient temperature is 85 degrees F or
    12     higher. The relative humidity must be maintained at a level
    13     that ensures the health and well-being of the dogs housed
    14     therein. The ventilation must meet the minimum air flow
    15     required for control of moisture condensation under severe
    16     conditions. The ventilation in the building shall provide at
    17     least six air changes per hour. The building must include
    18     ventilation to assure dry kennel floors during cold weather.
    19     The ventilation requirements may be achieved through design
    20     of the building shell and natural air flow or by means of
    21     auxiliary air movement systems. Where auxiliary air movement
    22     systems are required or utilized to achieve the required air
    23     exchanges, the kennel must still have doors and windows which
    24     can be opened to allow air flow in the event of a system
    25     malfunction.
    26         (8)  Housing facilities for dogs must be lighted well
    27     enough to permit routine inspection and cleaning of the
    28     facility and observation of the dogs. Animal areas must be
    29     provided a regular diurnal lighting cycle of either natural
    30     or artificial light. Lighting must be uniformly diffused
    20080H2525B3766                 - 32 -     

     1     throughout housing facilities and provide sufficient
     2     illumination to aid in maintaining good housekeeping
     3     practices, adequate cleaning, adequate inspection of animals,
     4     and for the well-being of the animals. Primary enclosures
     5     must be placed so as to protect the dogs from excessive
     6     light. Lighting in an indoor facility must be at least 10
     7     foot-candles of light. At least 50 foot-candles of light must
     8     be provided in all bathing, grooming and toilet areas and 30
     9     foot-candles of light shall be provided in support buildings,
    10     including food preparation and storage areas. The lighting in
    11     a housing facility must be sufficient to allow observation of
    12     the physical condition of the dogs at night. Lighting may not
    13     be achieved through open flame.
    14         (9)  The floors and walls of primary enclosures must be
    15     impervious to moisture. The ceilings of indoor housing
    16     facilities must be impervious to moisture or be replaceable.
    17         (10)  All dogs must be provided with adequate food that
    18     is clean and free from contaminants.
    19         (11)  All dogs must be removed from the primary enclosure
    20     when the primary enclosure is cleaned in accordance with
    21     paragraph (14)(iv).
    22         (12)  Primary enclosures may not be stacked more than two
    23     rows high and the bottom of the uppermost primary enclosure
    24     may not be more than four and one-half feet off the housing
    25     facility floor. Where the primary enclosures are stacked a
    26     tray or other department-approved device which will prevent
    27     urine, feces and other debris from passing into or being
    28     discharged into the underlying primary enclosure shall be
    29     placed under the upper primary enclosures. The tray or
    30     approved device must be impermeable to water and capable of
    20080H2525B3766                 - 33 -     

     1     being easily sanitized.
     2         (13)  All kennels shall be equipped with a smoke alarm
     3     and shall have a means of fire suppression, such as fire
     4     extinguishers or a sprinkler system on the premises.
     5         (14)  The following shall apply:
     6             (i)  Excreta, hair, dirt and food waste must be
     7         removed from primary enclosures at least daily or more
     8         often if necessary to prevent an accumulation of dirt,
     9         hair, feces and food waste to prevent soiling of dogs
    10         contained in the primary enclosures and to reduce disease
    11         hazards, insects, pests and odors.
    12             (ii)  Used primary enclosures and food and water
    13         receptacles must be cleaned and sanitized in accordance
    14         with this section before they can be used to house, feed
    15         or water another dog, or grouping of dogs.
    16             (iii)  Used primary enclosures and food and water
    17         receptacles for dogs must be sanitized at least once
    18         every two weeks using one of the methods under
    19         subparagraph (iv) and more often if necessary to prevent
    20         an accumulation of dirt, debris, food waste, excreta and
    21         other disease hazards.
    22             (iv)  Hard surfaces of primary enclosures and food
    23         and water receptacles must be sanitized using one of the
    24         following methods:
    25                 (A)  Live steam under pressure.
    26                 (B)  Washing with water with a temperature of at
    27             least 180 degrees F and soap or detergent, as with a
    28             mechanical cage washer.
    29                 (C)  Washing all soiled surfaces with appropriate
    30             detergent solutions and disinfectant or by using a
    20080H2525B3766                 - 34 -     

     1             combination detergent or disinfection product that
     2             accomplishes the same purpose with a thorough
     3             cleaning of the surfaces to remove organic materials
     4             so as to remove all organic material and mineral
     5             buildup and to provide sanitization followed by a
     6             clean water rinse.
     7             (v)  Primary enclosures, exercise areas and housing
     8         facilities using material that cannot be sanitized using
     9         the methods under subparagraph (iv) must be made sanitary
    10         by removing the contaminated material as necessary to
    11         prevent odors, diseases, pests, insects and vermin
    12         infestation.
    13             (vi)  Premises where primary enclosures are located,
    14         including buildings and surrounding grounds, must be kept
    15         clean and in good repair to protect the animals from
    16         injury, to facilitate the husbandry practices required in
    17         this act and to reduce or eliminate breeding and living
    18         areas for rodents and other pests and vermin. Premises
    19         must be kept free of accumulations of trash, junk, waste
    20         products, and discarded matter. Weeds, grasses and bushes
    21         must be controlled so as to facilitate cleaning of the
    22         premises and pest control and to protect the health and
    23         well-being of the animals.
    24             (vii)  An effective program for the control of
    25         insects, external parasites affecting dogs or that are
    26         pests must be established and maintained so as to promote
    27         the health and well-being of the dogs and reduce
    28         contamination by pests in housing facilities.
    29         (15)  All dogs in a kennel shall have affixed to the
    30     front of the primary enclosure something that contains all of
    20080H2525B3766                 - 35 -     

     1     the following information:
     2             (i)  The date of birth of the dog.
     3             (ii)  The date of the last rabies vaccination.
     4             (iii)  The date of the dog's last veterinarian check.
     5         (16)  All veterinarian records shall be kept as long as
     6     the dog is at the facility.
     7         (17)  Notwithstanding any law, a dog may not be
     8     euthanized except by a veterinarian.
     9     (i)  Additional requirements for Kennel Class C license
    10  holders.--The following shall apply to dogs over 12 weeks of age
    11  in Kennel Class C kennels:
    12         (1)  A dog housed in a primary enclosure must be provided
    13     a minimum amount of floor space in the primary enclosure,
    14     calculated as provided under this subparagraph: Find the
    15     mathematical square of the sum of the length of the dog in
    16     inches, measured from the tip of its nose to the base of its
    17     tail, plus six inches, then divide the product by 144, then
    18     multiply by 2. The calculation is: (length of dog in inches +
    19     6)(length of dog in inches + 6) = required floor space in
    20     square inches. Required floor space in inches/144 x 2 =
    21     required floor space in square feet. For the second dog
    22     placed in the primary enclosure the minimum floor space shall
    23     be doubled. The floor space shall be calculated using the
    24     longest dog. For each dog above two, the minimum floor space
    25     shall be multiplied by 1.5 per additional dog.
    26         (2)  Primary enclosures must be placed no higher than 12
    27     inches above the floor of the housing facility and may not be
    28     placed or stacked on top of another cage or primary
    29     enclosure.
    30         (3)  The floor of any primary enclosure must be solid and
    20080H2525B3766                 - 36 -     

     1     strong enough so that the floor does not sag or bend between
     2     the structural supports.
     3         (4)  Each primary enclosure shall have an entryway that
     4     will allow the dog unfettered clearance out of the enclosure
     5     to the exercise area under paragraph (6) if the enclosure is
     6     opened.
     7         (5)  Each primary enclosure shall open onto and be
     8     adjacent to an exercise area.
     9         (6)  Exercise requirements shall be as follows:
    10             (i)  The exercise run must allow for unfettered
    11         clearance for dogs from their primary enclosure.
    12             (ii)  The exercise run must be at least twice the
    13         size of the primary enclosure under paragraph (1).
    14             (iii)  The exercise run must have adequate means to
    15         prevent dogs from escaping.
    16             (iv)  The exercise run fencing must be kept in good
    17         repair and be free of rust, jagged edges or other defects
    18         that could cause injury to the dogs.
    19             (v)  The exercise run shall be cleaned in accordance
    20         with the requirements under subsection (h)(14).
    21             (vi)  Dogs must not be placed in the area in a manner
    22         that would cause injury to the dogs.
    23             (vii)  Compatible dogs, as determined under
    24         subsection (h)(4), may be exercised together.
    25             (viii)  Nursing bitches shall be exercised separately
    26         with their puppies when age appropriate.
    27             (ix)  Exercise area ground must be solid and
    28         maintainable. Surfaces such as gravel, packed earth and
    29         grass which are solid and maintainable may be utilized.
    30             (x)  The exercise area must be outdoors.
    20080H2525B3766                 - 37 -     

     1         (7)  Notwithstanding any other provision of law, rabies
     2     vaccines may only be administered by a licensed veterinarian.
     3         (8)  A dog shall be examined by a veterinarian at least
     4     once a year or at each pregnancy, whichever occurs more
     5     frequently. During the examination the veterinarian shall use
     6     appropriate methods to prevent, control, diagnose and treat
     7     diseases and injuries.
     8         (9)  An additional area, not counting toward the minimum
     9     space requirements under paragraphs (1) and (6)(ii), may be
    10     provided to a dog and may be constructed of coated wire
    11     flooring to allow for voiding and excrement.
    12         (10)  Notwithstanding any law to the contrary, it shall
    13     not be a violation of the act of December 15, 1986 (P.L.1610,
    14     No.181), known as the "Rabies Prevention and Control in
    15     Domestic Animals and Wildlife Act," if a rabies shot is given
    16     to a dog within 30 days after a dog has reached three months
    17     of age. A record of each such shot shall be kept in
    18     accordance with this act.
    19     Section 5.  Section 209 of the act, amended December 11, 1996
    20  (P.L.943, No.151), is amended to read:
    21  Section 209.  Out-of-state dealer license; application; fee;
    22                 prohibitions.
    23     (a)  Out-of-state dealers.--All out-of-state dealers shall on
    24  or before January 1 of each year, apply to the secretary for an
    25  out-of-state dealer license. The fee for such license shall be
    26  [$300] set by regulation, plus appropriate kennel license fees
    27  required under section 206. All fees collected under this
    28  section shall be remitted to the State Treasury for credit to
    29  the Dog Law Restricted Account. All licenses under this section
    30  shall expire upon December 31 of the year for which the license
    20080H2525B3766                 - 38 -     

     1  was issued. The forms for the application and license shall be
     2  approved by the secretary [through regulations].
     3     (b)  Unlawful acts.--It shall be unlawful for out-of-state
     4  dealers to [transport dogs] sell, exchange, negotiate, barter,
     5  give away or solicit the sale, resale, exchange or transfer of a
     6  dog or transport a dog into or within the Commonwealth or to
     7  operate or maintain a dealer kennel or to deal in any manner
     8  with dogs without first obtaining an out-of-state dealer license
     9  from the department. It shall be unlawful for a kennel licensed
    10  under this act to knowingly accept, receive, buy, barter or
    11  exchange a dog with an unlicensed out-of-state dealer for
    12  resale. A conviction for a violation of this section shall
    13  result in a penalty as determined under section 903(c). Each
    14  transaction for each dog shall constitute a separate violation.
    15     (c)  List of out-of-state dealers.--The department shall
    16  annually provide to licensed kennels a list of licensed out-of-
    17  state dealers. If a kennel wants to conduct business with an
    18  out-of-state dealer not listed on the list, the kennel must
    19  first obtain written approval from the department.
    20     Section 6.  Section 210 of the act is amended to read:
    21  Section 210.  Bills of sale.
    22     All owners or operators of kennels described in section 206,
    23  and all out-of-state dealers shall be required to have in their
    24  possession a bill of sale for each dog purchased or transported,
    25  except for dogs delivered to the kennel licensee for purposes of
    26  boarding or for dogs whelped at the kennel. Any bill of sale
    27  which is fraudulent or indicates the theft of any dog, shall be
    28  prima facie evidence for the immediate revocation of license and
    29  imposition of fines and penalties by the secretary. The bill of
    30  sale shall contain information required by the secretary through
    20080H2525B3766                 - 39 -     

     1  regulations. For each dog exchanged, bartered, given away or in
     2  any other way transferred by a kennel described in section 206
     3  or an out-of-state dealer, a record of the transaction shall be
     4  kept. The bill of sale or record shall include the current and
     5  valid kennel license number of the kennel or out-of-state dealer
     6  that sold, exchanged, bartered, gave away or transferred the dog
     7  and any other information required by the secretary.
     8     Section 7.  Section 211 of the act, amended December 11, 1996
     9  (P.L.943, No.151), is amended to read:
    10  Section 211.  Revocation, suspension or refusal of kennel
    11                 licenses.
    12     (a)  General powers of secretary.--The secretary shall revoke
    13  a kennel license or out-of-state dealer license if a licensee is
    14  convicted of a violation of 18 Pa.C.S. § 5511 (relating to
    15  cruelty to animals) or a cruelty law of another jurisdiction.
    16  The secretary shall not issue a kennel license or out-of-state
    17  dealer license to a person that has been convicted of a
    18  violation of 18 Pa.C.S. § 5511 within the last ten years. The
    19  secretary may revoke or suspend a kennel license or out-of-state
    20  dealer license or refuse to issue a kennel license or out-of-
    21  state dealer license for any one or more of the following
    22  reasons:
    23         (1)  the person holding or applying for a license has
    24     made a [material] misstatement or misrepresentation in the
    25     license application;
    26         (2)  the person holding or applying for a license has
    27     made a [material] misstatement or misrepresentation to the
    28     department or its personnel regarding a matter relevant to
    29     the license;
    30         (3)  the person holding or applying for a license has
    20080H2525B3766                 - 40 -     

     1     [been convicted of any violation of] violated this act;
     2         (4)  the person holding or applying for a license has
     3     failed to comply with any regulation promulgated under this
     4     act; [or]
     5         (5)  the person holding or applying for a license has
     6     been convicted of any law relating to cruelty to animals[.]
     7     and the conviction is more than ten years old, if there is
     8     evidence the person has not been rehabilitated and granting a
     9     license would jeopardize the health, safety and welfare of
    10     the dogs;
    11         (6)  the person holding or applying for a license has
    12     been convicted of a felony;
    13         (7)  the person holding or applying for a license has:
    14             (i)  been convicted of a violation of section 9.3 of
    15         the act of December 17, 1968 (P.L.1224, No.387), known as
    16         the "Unfair Trade Practices and Consumer Protection Law,"
    17         which rises to the level of a misdemeanor or requires the
    18         person to cease and desist from operating a kennel or
    19         owning, selling or caring for dogs, or both; or
    20             (ii)  entered into an agreement with the Office of
    21         Attorney General which requires the person to cease and
    22         desist from operating a kennel or owning, selling or
    23         caring for dogs, or both;
    24         (8)  the person holding or applying for a license has
    25     received final disapproval to operate based on a local
    26     ordinance or zoning ordinance relating to operation of a
    27     kennel;
    28         (9)  the person holding or applying for a license has or
    29     is acting in concert with a person who has violated the act
    30     of December 15, 1986 (P.L.1610, No.181), known as the "Rabies
    20080H2525B3766                 - 41 -     

     1     Prevention and Control in Domestic Animals and Wildlife Act;
     2         (10)  the person holding or applying has had a yearly
     3     license refused or revoked within the past ten years; or
     4         (11)  the person holding or applying for a license has a
     5     person who does or will play a role in the ownership or
     6     operation of the kennel who may be refused a kennel license
     7     under this section. A role shall include, but not be limited
     8     to, ownership of a direct or indirect financial interest,
     9     direct or indirect participation in management or actual
    10     caretaking of the dogs.
    11     (b)  Notice of action.--
    12         (1)  The secretary shall provide written notice of a
    13     kennel license or an out-of-state dealer license revocation[,
    14     suspension] or refusal to the person whose license is
    15     revoked[, suspended] or refused. The notice shall set forth
    16     the general factual and legal basis for the action and shall
    17     advise the affected person that within ten days of receipt of
    18     the notice he may file with the secretary a written request
    19     for an administrative hearing. The hearing shall be conducted
    20     in accordance with 2 Pa.C.S. (relating to administrative law
    21     and procedure).
    22         (2)  Written notice of revocation[, suspension] or
    23     refusal shall be served by personal service or by registered
    24     or certified mail, return receipt requested, to the person or
    25     to a responsible employee of such person whose license is
    26     revoked[, suspended] or refused. Revocation or [suspension
    27     shall commence upon service of the written notice.
    28     (c)  Seizure and constructive seizure.--] refusal shall be
    29  effective upon the expiration of the ten-day period for
    30  requesting an administrative hearing, unless a timely request
    20080H2525B3766                 - 42 -     

     1  for a hearing has been filed with the department.
     2     (c)  Administrative process.--[(1)]  Whenever the secretary
     3  revokes[, suspends] or refuses a kennel license or an out-of-
     4  state dealer license, the [department may seize and impound any
     5  dog in the possession, custody or care of the person whose
     6  license is revoked, suspended or refused if there are reasonable
     7  grounds to believe that the dog's health, safety or welfare is
     8  endangered. Reasonable costs of transportation, care and feeding
     9  of a seized and impounded dog shall be paid by the person from
    10  whom the dog was seized and impounded.
    11         (2)  (i)  If the person whose kennel license or out-of-
    12         state dealer license is revoked, suspended or refused and
    13         whose dog has been seized and impounded provides the
    14         secretary with satisfactory evidence or assurances that
    15         the dog will receive adequate care and has paid all costs
    16         of transportation, care and feeding related to the
    17         seizure and impoundment of the dog, the person may
    18         retrieve the seized and impounded dog.
    19             (ii)  If the owner of a seized and impounded dog is
    20         someone other than the person from whom the dog was
    21         seized and impounded, the dog owner may retrieve his dog
    22         from impoundment upon payment of all transportation, care
    23         and feeding costs applicable to the dog. The person from
    24         whom the dog was seized and impounded shall be
    25         responsible to reimburse the dog owner for the
    26         transportation, care and feeding costs.
    27         (3)  The secretary shall allow a dog to remain in the
    28     physical possession, custody or care of the person whose
    29     kennel license or out-of-state dealer license is revoked,
    30     suspended or refused upon any one or more of the following
    20080H2525B3766                 - 43 -     

     1     findings:
     2             (i)  if the secretary has no reasonable grounds to
     3         believe that the health, safety or welfare of the dog is
     4         endangered; or
     5             (ii)  the person whose license is revoked, suspended
     6         or refused has provided satisfactory evidence or
     7         assurances that the dog will receive adequate care.
     8         (4)  Ownership of a dog which has been seized and
     9     impounded or which is under constructive seizure may be
    10     forfeited upon the written request of its owner.
    11         (5)  The secretary may direct that ownership of a
    12     particular dog which is seized and impounded pursuant to
    13     paragraph (1) is to be forfeited. The department shall serve
    14     the owner of the affected dog with written notice of
    15     forfeiture. The notice shall indicate that ownership of the
    16     dog in question may be forfeited to some entity other than
    17     the department. Notice of forfeiture shall be served by
    18     personal service or by registered or certified mail, return
    19     receipt requested, to the owner of the affected dog or a
    20     responsible person at the kennel from which the dog was
    21     seized and impounded. The notice shall specify an effective
    22     date of forfeiture which shall be not less than ten days from
    23     service of the notice. The notice shall further inform the
    24     dog owner of his right to request an administrative hearing
    25     on the issue of forfeiture by delivering a written request to
    26     the department prior to the date of forfeiture. A written
    27     hearing request shall act as a supersedeas of the forfeiture
    28     action. At the administrative hearing, the department shall
    29     have the burden of proving that the affected dog owner did
    30     not adequately care for the subject dog, or that no
    20080H2525B3766                 - 44 -     

     1     satisfactory evidence or assurances have been given to the
     2     department that the subject dog will be adequately cared for
     3     if it is returned to the owner, or that the owner has
     4     abandoned the subject dog. Abandonment shall be presumed if
     5     an owner fails to make timely payment of reasonable costs of
     6     transportation, care and feeding of the seized and impounded
     7     dog after two written requests to do so have been served by
     8     personal service or registered or certified mail, return
     9     receipt requested, upon a responsible person at the kennel in
    10     question or to the dog owner.
    11     (d)  Reimbursement of transportation, care and feeding
    12  costs.--A person described in subsection (c)(1) and (2) who has
    13  paid transportation, care and feeding costs with respect to a
    14  dog seized under this section may make application to the
    15  department for reimbursement of the costs if all persons cited
    16  or charged with violations of this act as the result of the
    17  conditions at the kennel at issue are acquitted of all charges
    18  or violations.
    19     (e)  Department as guarantor of payment of certain costs.--A
    20  kennel at which a dog is impounded by the department under the
    21  authority of this section shall be compensated from the Dog Law
    22  Restricted Account in the amount of $5 per dog for each day or
    23  portion thereof that the dog is held at the kennel if:
    24         (1)  the kennel has attempted, without success, to obtain
    25     payment for transportation, care and feeding costs from the
    26     owner of the dog and the owner of the kennel from which the
    27     dog was seized and impounded; and
    28         (2)  the kennel makes written application to the
    29     department, setting forth the amount sought, details of a
    30     good faith attempt at obtaining payment of the costs from the
    20080H2525B3766                 - 45 -     

     1     dog owner and the kennel owner and the dates and number of
     2     dogs justifying the amount sought.
     3     (f)  Prohibition.--No dog seized under this section shall be
     4  sold or given freely for the purpose of vivisection or research
     5  or be conveyed in any manner for these purposes or be conveyed
     6  to a dealer.] following shall apply:
     7         (1)  The person whose license refusal or revocation has
     8     become effective shall immediately cease and desist from
     9     operating a kennel, including boarding, buying, exchanging,
    10     selling, giving away or in any way transferring dogs. The
    11     kennel owner shall divest himself of all dogs over 25 dogs,
    12     unless directed otherwise by a department or court order,
    13     within a reasonable time period as determined by the
    14     department, but not to exceed ten days. The department's
    15     notice of revocation or refusal shall set forth the manner by
    16     which the kennel owner may divest himself of the dogs. The
    17     person shall be subject to the conditions established under
    18     paragraphs (3) through (9).
    19         (2)  The person whose license is refused or revoked and
    20     who has timely filed a request for an administrative hearing,
    21     and who would continue to require a kennel license under this
    22     act, pending the exhaustion of all administrative appeals
    23     shall be considered to be operating under suspension and
    24     shall, during the duration of all administrative appeals, and
    25     thereafter if the department's action is upheld, be subject
    26     to the conditions established under paragraphs (3) through
    27     (9).
    28         (3)  The kennel may not acquire any additional dogs or
    29     increase the number of dogs in the kennel by any means,
    30     including breeding.
    20080H2525B3766                 - 46 -     

     1         (4)  The department shall be notified prior to the
     2     euthanization of any dog. No dog may be euthanized unless it
     3     is determined by a veterinarian that the euthanasia will
     4     prevent the dog from suffering caused by a medical condition.
     5     Where a veterinarian determines a dog should be euthanized, a
     6     copy of the veterinarian's findings, signed by the
     7     veterinarian, shall be provided to the department.
     8         (5)  The kennel shall reduce the number of dogs on the
     9     premises to 25, or a lesser number as may be directed by the
    10     department or court order, and in the manner and within the
    11     time period set forth in the order of the department or the
    12     court, not exceeding ten days after an order has become
    13     effective or after the exhaustion of any administrative
    14     appeal where the department's action is upheld.
    15         (6)  The kennel shall permit State dog wardens to inspect
    16     the kennel without a warrant in order to determine compliance
    17     with the department's order, any relevant court order and any
    18     provision of this act.
    19         (7)  If there are more dogs than specified in paragraph
    20     (5) on the premises after the expiration of the time period
    21     set forth in paragraph (5), the kennel may select the number
    22     of dogs allowed under paragraph (5) on the premises to keep.
    23     The remainder shall be forfeited to the entity set forth in
    24     the department's or court's order or to an entity approved by
    25     the department without compensation to the owner.
    26         (8)  Failure to take actions or to meet the conditions
    27     imposed under this subsection, in addition to any other
    28     penalties allowed under this act, may result in imposition by
    29     the department of a penalty of not less than $100 nor more
    30     than $500 per day for each violation. Each dog in excess of
    20080H2525B3766                 - 47 -     

     1     25 dogs, or a lesser amount if set forth in the department or
     2     court order, shall count as one violation.
     3         (9)  Any violation of this subsection shall constitute a
     4     misdemeanor of the third degree.
     5     (d)  Removal of dogs.--
     6         (1)  After service of an order under subsection (c)(1) or
     7     section 207(a.3) or during the duration of an administrative
     8     appeal under subsection (c)(2) or section 207(a.3)(2), the
     9     department may order the removal of any dog from that kennel
    10     if the department determines, based on the conditions found
    11     at that kennel, there are reasonable grounds to believe the
    12     dog's health, safety or welfare is endangered because of
    13     neglect of duty of care, deprivation of necessary sustenance,
    14     water, shelter or veterinary care or access to clean and
    15     sanitary shelter which will protect the animal against
    16     inclement weather and preserve the animal's body heat and
    17     keep it dry or other conditions which a veterinarian
    18     determines pose a serious health risk to the dog. The removal
    19     may occur immediately upon notice followed by service of the
    20     order.
    21         (2)  The order of removal shall set forth the general
    22     factual and legal basis for the action taken and shall advise
    23     the kennel owner that within ten days of receipt the kennel
    24     owner may file with the secretary a written request for an
    25     administrative hearing subject to bonding requirements of
    26     this section. The order shall be served by personal service
    27     or by registered or certified mail, return receipt requested,
    28     to the kennel owner affected or to a responsible employee of
    29     such kennel owner. The department order shall become final
    30     upon the expiration of the ten-day period for requesting an
    20080H2525B3766                 - 48 -     

     1     administrative hearing, unless a timely request for a hearing
     2     has been filed with the secretary.
     3         (3)  The written request for a hearing must be filed by
     4     the affected kennel owner with the secretary within ten days
     5     of receipt of the order of removal, or such order shall
     6     become final. The request for a hearing shall set forth the
     7     factual and legal grounds upon which the request is based. A
     8     hearing on the matter shall be held in accordance with 2
     9     Pa.C.S. (relating to administrative law and procedure). The
    10     issue on appeal shall be limited to whether the department
    11     order was justified under paragraph (1).
    12         (4)  If the department's order has become final or after
    13     the exhaustion of any administrative appeals, in cases where
    14     the department's action is upheld, the dogs removed under the
    15     order shall be forfeited to the entity set forth in the
    16     department's order or to an entity approved by the department
    17     without compensation to the owner.
    18     (e)  Bonding requirements.--The following shall apply to
    19  bonding requirements:
    20         (1)  If dogs are removed from a kennel under this act and
    21     an administrative appeal is filed, the owner of the licensed
    22     or unlicensed kennel shall post a bond in the amount required
    23     under paragraph (2) within ten days of the filing of such
    24     appeal.
    25         (2)  The amount of the surety bond shall be based on the
    26     number of dogs removed and shall be equal to the estimated
    27     cost of transportation, care and feeding, pursuant to removal
    28     and impoundment, for a period of 31 days. The surety bond
    29     shall be payable to the Commonwealth of Pennsylvania,
    30     Department of Agriculture, Bureau of Dog Law Enforcement. The
    20080H2525B3766                 - 49 -     

     1     department shall remit such funds to the entity holding the
     2     dogs.
     3         (3)  If after appeal the dogs are placed under the care
     4     of the owner from which they were removed, the department
     5     shall reimburse the owner for the reasonable costs of the
     6     bond incurred under this subsection.
     7     (f)  Prohibitions.--No dog removed under this section may be:
     8         (1)  sold or given freely for the purpose of vivisection,
     9     auction or research;
    10         (2)  conveyed in any manner for purposes of vivisection,
    11     auction or research; or
    12         (3)  conveyed to a dealer.
    13     Section 8.  Section 213 of the act is amended to read:
    14  Section 213.  Transportation of dogs.
    15     It shall be unlawful for any dog required to be licensed as
    16  hereinbefore provided, to be transported for any purpose without
    17  a current license tag firmly attached to a collar or harness
    18  securely fastened to the dog except when a dog is being
    19  transported for law enforcement or to receive veterinary care
    20  pursuant to an order of the secretary for humane purposes. All
    21  vehicles being used to transport dogs are subject to inspection
    22  and must meet requirements for such transportation through
    23  regulations as promulgated by the secretary.
    24     Section 9.  Sections 214, 218 and 219 of the act, amended or
    25  added December 11, 1996 (P.L.943, No.151), are amended to read:
    26  Section 214.  Health certificates for importation.
    27     It shall be [unlawful] a violation of this act to transport
    28  any dog into this Commonwealth except under the provisions in
    29  section 212 without a certificate of health prepared by a
    30  licensed doctor of veterinary medicine, which certificate, or
    20080H2525B3766                 - 50 -     

     1  copy of such, shall accompany [such] the dog while in this
     2  Commonwealth. [Such] The certificate shall state that the dog is
     3  at least [seven] eight weeks of age and shows no signs or
     4  symptoms of infectious or communicable disease; did not
     5  originate within an area under quarantine for rabies; and, as
     6  ascertained by reasonable investigation, has not been exposed to
     7  rabies within 100 days of importation. All dogs must have been
     8  vaccinated for rabies in accordance with the act of December 15,
     9  1986 (P.L.1610, No.181), known as the "Rabies Prevention and
    10  Control in Domestic Animals and Wildlife Act." The name of the
    11  vaccine manufacturer, the date of administration, and the rabies
    12  tag number must appear on health certificates prepared by a
    13  licensed doctor of veterinary medicine.
    14  Section 218.  Inspections [of premises and dogs].
    15     (a)  Premises and dogs.--State dog wardens and other
    16  employees of the department are hereby authorized to inspect all
    17  licensed kennels [and], all dogs within the Commonwealth and all
    18  unlicensed establishments which are operating as a kennel as
    19  defined by section 206. For purposes of inspection, a State dog
    20  warden and other full-time employees of the department shall be
    21  authorized to enforce the provisions of this act and regulations
    22  promulgated by the department [pursuant to] under this act.
    23  State dog wardens and employees of the department shall inspect
    24  all licensed kennels within the Commonwealth at least [once]
    25  twice per calendar year to enforce the provisions of this act
    26  and regulations promulgated by the department under this act.
    27  State dog wardens and only regular, full-time employees of the
    28  department shall be authorized to enter upon the premises of
    29  approved medical, dental or veterinary schools, hospitals,
    30  clinics or other medical or scientific institutions,
    20080H2525B3766                 - 51 -     

     1  organizations or persons where research is being conducted or
     2  where pharmaceuticals, drugs or biologicals are being produced.
     3  [Research facilities in the Commonwealth that are currently
     4  under Federal Government inspection shall be exempt from State
     5  inspection if they have undergone no less than one Federal
     6  Government inspection within the past 12 months. Submission of
     7  such evidence of Federal inspection by documentation to the
     8  department may be established by regulation subject to
     9  legislative review.] It shall be unlawful for any person to
    10  refuse admittance to such State dog wardens and employees of the
    11  department for the purpose of making inspections and enforcing
    12  the provisions of this act.
    13     (b)  Records.--State dog wardens and other employees of the
    14  department shall be authorized to inspect the records required
    15  under this act of all licensed and unlicensed kennels.
    16     (c)  Search warrant.--State dog wardens and other employees
    17  of the department may apply for a search warrant to any
    18  Commonwealth official authorized to issue a search warrant for
    19  the purposes of inspecting or examining any kennel, property,
    20  building, premise, place, dog, book, record or other physical
    21  evidence or for the purpose of removing any dog under section
    22  207 or 211. The warrant shall be issued upon probable cause. It
    23  shall be sufficient probable cause to show any of the following:
    24         (1)  The inspection, examination or seizure is pursuant
    25     to a general administrative plan to determine compliance with
    26     this act.
    27         (2)  The State dog warden or employee of the department
    28     has reason to believe that a violation of this act or the
    29     regulations promulgated under the authority of this act has
    30     occurred.
    20080H2525B3766                 - 52 -     

     1  Section 219.  Additional duties of the department.
     2     (a)  Enforcement of licensure requirement; development of
     3  plan.--By no later than June 30, 1997, the department shall
     4  develop and begin to implement a written plan to increase the
     5  number of dog licenses issued in this Commonwealth. Such plan
     6  shall be developed in consultation with the several counties and
     7  municipalities which enforce the provisions of this act and in
     8  consultation with the Dog Law Advisory Board and shall at least
     9  include methodology for increasing the number of dog licenses
    10  issued and assuring the annual renewal of such licenses. The
    11  methodology may include the periodic use of public service
    12  advertisements, newspaper advertisements, school and special
    13  events-based educational programs conducted in conjunction with
    14  counties and organizations concerned with the humane care and
    15  treatment of dogs, and literature designed to increase awareness
    16  of this act which may be provided to purchasers of dogs at the
    17  point of sale.
    18     (b)  Analysis of plan; report.--By no later than June 30,
    19  1998, and annually thereafter, the department shall submit to
    20  the chairperson and minority chairperson of the Agriculture and
    21  Rural Affairs Committee of the Senate and the chairperson and
    22  minority chairperson of the Agriculture and Rural Affairs
    23  Committee of the House of Representatives a report analyzing the
    24  activities adopted by the department to implement the plan and
    25  the results of such activities.
    26     Section 10.  The act is amended by adding a section to read:
    27  Section 220.  Refusal of entry.
    28     (a)  Violation.--It shall be a violation of this act if a
    29  person refuses entry to an agent of the Commonwealth acting to
    30  enforce this act. A refusal shall include any of the following:
    20080H2525B3766                 - 53 -     

     1         (1)  Preventing an agent from entering property.
     2         (2)  Preventing an agent from inspecting a dog.
     3         (3)  Hiding a dog from an agent.
     4         (4)  An act or omission that prevents an agent from
     5     gaining entry to the property.
     6     (b)  Order of inspection.--When a State dog warden or
     7  employee of the department attempts a kennel inspection in a
     8  building and no person is present to grant him access, a State
     9  dog warden or employee of the department may post an order on an
    10  entrance to the building demanding access to the building within
    11  24 hours. Failure to permit an inspection within the 24-hour
    12  time period indicated in the order that was posted shall be a
    13  violation of this act and shall constitute a refusal for
    14  purposes of subsection (a).
    15     Section 11.  The heading of Article III of the act is amended
    16  to read:
    17                            ARTICLE III
    18              QUARANTINES, DOGS AT LARGE, CONFINEMENT
    19     Section 12.  Section 302 of the act, amended December 11,
    20  1996 (P.L.943, No.151), is amended to read:
    21  Section 302.  Seizure and detention of dogs; costs; destruction
    22                 of dogs.
    23     (a)  General rule.--It shall be the duty of every police
    24  officer, State dog warden, employee of the department or animal
    25  control officer to seize and detain any dog which is found
    26  running at large, either upon the public streets or highways of
    27  the Commonwealth, or upon the property of a person other than
    28  the owner of [such] the dog, and unaccompanied by the owner or
    29  keeper. Every police officer, State dog warden, employee of the
    30  department or animal control officer may humanely kill any dog
    20080H2525B3766                 - 54 -     

     1  which is found running at large and is deemed after due
     2  consideration by the police officer, State dog warden, employee
     3  of the department or animal control officer to constitute a
     4  threat to the public health and welfare.
     5     (b)  Licensed dogs.--The State dog warden or employee of the
     6  department, the animal control officer, or the chief of police
     7  or his agents of any city, borough, town or township, the
     8  constable of any borough and the constable of any incorporated
     9  town or township shall cause any dog bearing a proper license
    10  tag or permanent identification and so seized and detained to be
    11  properly kept and fed at any licensed kennel approved by the
    12  secretary for [such] those purposes and shall cause immediate
    13  notice, by registered or certified mail with return receipt
    14  requested, to the person in whose name the license was procured,
    15  or his agent, to claim [such] the dog within five days after
    16  receipt thereof. The owner or claimant of a dog so detained
    17  shall pay a penalty of [$15] $50 to the political subdivision
    18  whose police officers make [such] the seizures and detention and
    19  all reasonable expenses incurred by reason of its detention to
    20  the detaining parties before the dog is returned. If five days
    21  after obtaining the postal return receipt, [such] the dog has
    22  not been claimed, such chief of police, or his agent, or a
    23  constable, or State dog warden or employee of the department
    24  shall dispense [such] the dog by sale or by giving it to a
    25  humane society or association for the prevention of cruelty to
    26  animals. No dog so caught and detained shall be sold for the
    27  purpose of vivisection, or research, or be conveyed in any
    28  manner for these purposes. All moneys derived from the sale of
    29  [such] the dog, after deducting the expenses of its detention,
    30  shall be paid through the Department of Agriculture to the State
    20080H2525B3766                 - 55 -     

     1  Treasurer for credit to the Dog Law Restricted Account.
     2     (c)  Unlicensed dogs.--Except as otherwise provided by
     3  section 305, any police officer, State dog warden, employee of
     4  the department or animal control officer shall cause any
     5  unlicensed dog to be seized, detained, kept and fed for a period
     6  of 48 hours at any licensed kennel approved by the secretary for
     7  [such] those purposes, except any dog seriously ill or injured
     8  or forfeited with the owner's permission. The 48-hour period
     9  shall not include weekends or days the approved kennel is not
    10  open to the general public. Any person may view [such] the
    11  detained dogs during normal business hours. Any unlicensed dog
    12  remaining unclaimed after 48 hours may be humanely killed or
    13  given to a humane society or association for the prevention of
    14  cruelty to animals. No dog so caught and detained shall be sold
    15  for the purpose of vivisection, or research, or be conveyed in
    16  any manner for these purposes.
    17     Section 13.  Section 305 of the act is amended to read:
    18  Section 305.  Confinement and housing of dogs not part
    19                 of a kennel.
    20     (a)  Confinement and control.--It shall be unlawful for the
    21  owner or keeper of any dog to fail to keep at all times [such
    22  dog either] the dog in any of the following manners:
    23         (1)  confined within the premises of the owner;
    24         (2)  firmly secured by means of a collar and chain or
    25     other device so that it cannot stray beyond the premises on
    26     which it is secured; or
    27         (3)  under the reasonable control of some person, or when
    28     engaged in lawful hunting, exhibition, performance events or
    29     field training.
    30     (b)  Housing.--It shall be unlawful for the owner or keeper
    20080H2525B3766                 - 56 -     

     1  of a dog to house the dog for any period of time in a drum,
     2  barrel, refrigerator or freezer regardless of the material of
     3  which the drum, barrel, refrigerator or freezer is constructed.
     4     Section 14.  Sections 502 and 502-A of the act, amended
     5  December 11, 1996 (P.L.943, No.151), are amended to read:
     6  Section 502.  Dog bites; detention and isolation of dogs.
     7     (a)  Confinement.--Any dog which bites or attacks a human
     8  being shall be confined in quarters approved by a designated
     9  employee of the Department of Health, a State dog warden or
    10  employee of the Department of Agriculture, an animal control
    11  officer or a police officer. [Such] The dog may be detained and
    12  isolated in an approved kennel or at the dog owner's property or
    13  to another location approved by the investigating officer. Where
    14  [such] the dog is detained is at the discretion of the
    15  investigating officer. All dogs so detained must be isolated for
    16  a minimum of ten days. Any costs incurred in the detaining and
    17  isolation of [such] the dog shall be paid by the offending dog's
    18  owner or keeper or both. [When] If the dog's owner or keeper is
    19  not known, the Commonwealth is responsible for all reasonable
    20  costs for holding and detaining [such] the dog.
    21     (b)  Bite victims.--The following shall apply:
    22         (1)  The investigating officer shall be responsible for
    23     notifying the bite victim of the medical results of the
    24     offending dog's confinement. Any cost to the victim for
    25     medical treatment resulting from an attacking or biting dog
    26     must be paid fully by the owner or keeper of [such] the dog.
    27     The Commonwealth shall not be liable for medical treatment
    28     costs to the victim.
    29         (2)  (i)  For the purpose of this subsection, the term
    30         "medical results of the offending dog's confinement"
    20080H2525B3766                 - 57 -     

     1         shall mean, except as provided in subparagraph (ii),
     2         information as to whether the quarantined dog is still
     3         alive and whether it is exhibiting any signs of being
     4         infected with the rabies virus.
     5             (ii)  If a nonlethal test for rabies is developed,
     6         the term shall mean the results of the test and not the
     7         meaning given in subparagraph (i).
     8     (c)  Exception.--When a dog that bites or attacks a human
     9  being is a service dog or a police work dog in the performance
    10  of duties, [said] the dog need not be confined if it is under
    11  the active supervision of a licensed doctor of veterinary
    12  medicine.
    13  Section 502-A.  [Registration] Court proceedings, certificate of
    14                 registration and disposition.
    15     (a)  Summary offense of harboring a dangerous dog.--Any
    16  person who has been attacked by one or more dogs, or anyone on
    17  behalf of [such] the person, a person whose domestic animal has
    18  been killed or injured without provocation, the State dog warden
    19  or the local police officer may file a complaint before a
    20  district justice, charging the owner or keeper of [such] the a
    21  dog with harboring a dangerous dog. The owner or keeper of the
    22  dog shall be guilty of the summary offense of harboring a
    23  dangerous dog if the district justice finds beyond a reasonable
    24  doubt that the following elements of the offense have been
    25  proven:
    26         (1)  The dog has done [one or more] any of the following:
    27             (i)  Inflicted severe injury on a human being without
    28         provocation on public or private property.
    29             (ii)  Killed or inflicted severe injury on a domestic
    30         animal without provocation while off the owner's
    20080H2525B3766                 - 58 -     

     1         property.
     2             (iii)  Attacked a human being without provocation.
     3             (iv)  Been used in the commission of a crime.
     4         (2)  The dog has either or both of the following:
     5             (i)  A history of attacking human beings and/or
     6         domestic animals without provocation.
     7             (ii)  A propensity to attack human beings and/or
     8         domestic animals without provocation. A propensity to
     9         attack may be proven by a single incident of the conduct
    10         described in paragraph (1)(i), (ii), (iii) or (iv).
    11         (3)  The defendant is the owner or keeper of the dog.
    12     (a.1)  Effect of conviction.--A finding by a district justice
    13  that a person is guilty under subsection (a) of harboring a
    14  dangerous dog shall constitute a determination that the dog is a
    15  dangerous dog for purposes of this act.
    16     (b)  Report of conviction.--The district justice shall make a
    17  report of a conviction under subsection (a) to the Bureau of Dog
    18  Law Enforcement, identifying the convicted party, identifying
    19  and describing the dog or dogs and providing [such] other
    20  information as the bureau might reasonably require.
    21     (c)  Certificate of registration required.--It is unlawful
    22  for an owner or keeper to have a dangerous dog without a
    23  certificate of registration issued under this article. This
    24  article shall not apply to dogs used by law enforcement
    25  officials for police work, certified guide dogs for the blind,
    26  hearing dogs for the deaf nor aid dogs for the handicapped.
    27     (d)  Disposition of dog during court proceedings.--An owner
    28  or keeper of any dog who has been charged with harboring a
    29  dangerous dog shall keep [such] the dog or dogs confined in a
    30  proper enclosure or, when off the property of the owner or
    20080H2525B3766                 - 59 -     

     1  keeper for purposes of veterinary care, muzzled and on a leash
     2  until [such] the time a report is made under subsection (b). If
     3  an appeal of a decision under subsection (b) is filed, [such]
     4  the dog or dogs shall remain so confined until [such] the
     5  proceedings are completed. It shall be unlawful for an owner or
     6  keeper of a dog who has been charged with harboring a dangerous
     7  dog to dispense, move, sell, give away or transfer the dog in
     8  any manner except to [be] have it humanely killed or move the
     9  dog to a licensed kennel if approved by the investigating
    10  officer. A violation of this subsection shall constitute a
    11  summary offense accompanied by a fine of not less than [$200]
    12  $500.
    13     Section 15.  Sections 503-A and 504-A of the act, added May
    14  31, 1990 (P.L.213, No.46), are amended to read:
    15  Section 503-A.  Requirements.
    16     [(a)  Enclosure and insurance.--The department shall issue,
    17  upon payment of all fees under subsection (b), a certificate of
    18  registration to the owner of such animal within 30 days of
    19  notification, in writing, by the department that the dog has
    20  been determined to be dangerous and that the owner presents
    21  sufficient evidence of:
    22         (1)  A proper enclosure to confine a dangerous dog and
    23     the posting of a premises with a clearly visible warning sign
    24     that there is a dangerous dog on the property. In addition,
    25     the owner shall conspicuously display a sign with a warning
    26     symbol that informs children of the presence of a dangerous
    27     dog.
    28         (2)  (i)  A surety bond in the amount of $50,000 issued
    29         by an insurer authorized to do business within this
    30         Commonwealth, payable to any person injured by the
    20080H2525B3766                 - 60 -     

     1         dangerous dog; or
     2             (ii)  a policy of liability insurance, such as
     3         homeowner's insurance, issued by an insurer authorized to
     4         do business within this Commonwealth in the amount of at
     5         least $50,000, insuring the owner for any personal
     6         injuries inflicted by the dangerous dog. The policy shall
     7         contain a provision requiring the secretary to be named
     8         as additional insured for the sole purpose of being
     9         notified by the insurance company of cancellation,
    10         termination or expiration of the liability insurance
    11         policy.]
    12     (a)  Certificate of registration requirements.--The owner or
    13  keeper of a dog who has been convicted of harboring a dangerous
    14  dog shall keep the dog properly confined and shall register the
    15  dog with the department. Within 30 days of receiving written
    16  notification from the department that the dog has been
    17  determined to be dangerous, the owner or keeper of the dog shall
    18  comply with all the provisions of this section. The department
    19  shall issue, upon sufficient evidence of compliance with the
    20  requirements of this section and payment of all fees under
    21  subsection (b), a certificate of registration to the owner or
    22  keeper of the dangerous dog.
    23     (a.1)  Compliance requirements.--The owner or keeper of a dog
    24  who has been convicted of harboring a dangerous dog shall do all
    25  of the following:
    26         (1)  Present sufficient evidence of a proper enclosure to
    27     confine a dangerous dog and the posting of a premises with a
    28     clearly visible warning sign that there is a dangerous dog on
    29     the property. In addition, the owner shall conspicuously
    30     display a sign with a warning symbol that informs children of
    20080H2525B3766                 - 61 -     

     1     the presence of a dangerous dog.
     2         (2)  Pay court-ordered restitution to a victim of a
     3     dangerous dog.
     4         (3)  Permanently identify the dangerous dog by having a
     5     microchip implanted in the dangerous dog. The microchip shall
     6     be implanted by a properly licensed doctor of veterinary
     7     medicine and the costs shall be borne by the owner or keeper
     8     of the dangerous dog. The owner or keeper of the dangerous
     9     dog and the veterinarian implanting the microchip shall sign
    10     a form, developed by the department, verifying the dangerous
    11     dog has had a microchip implanted and setting forth the
    12     microchip number.
    13         (4)  Have the dangerous dog spayed or neutered. The
    14     spaying or neutering shall be done by a properly licensed
    15     doctor of veterinary medicine and the costs shall be borne by
    16     the owner or keeper of the dangerous dog. The owner or keeper
    17     of the dangerous dog and the veterinarian performing the
    18     spaying or neutering shall sign a form, developed by the
    19     department, verifying the dangerous dog has been spayed or
    20     neutered.
    21         (5)  Obtain:
    22             (i)  a surety bond in the amount of $50,000 issued by
    23         an insurer authorized to do business within this
    24         Commonwealth, payable to any person injured by the
    25         dangerous dog; or
    26             (ii)  a policy of liability insurance, such as
    27         homeowner's insurance, issued by an insurer authorized to
    28         do business within this Commonwealth in the amount of at
    29         least $50,000, insuring the owner for any personal
    30         injuries inflicted by the dangerous dog. The policy shall
    20080H2525B3766                 - 62 -     

     1         contain a provision requiring the secretary to be named
     2         as additional insured for the sole purpose of being
     3         notified by the insurance company of cancellation,
     4         termination or expiration of the liability insurance
     5         policy.
     6     (b)  [Fee] Registration fee.--The registration fee for a
     7  dangerous dog certificate shall be [$25 or such] $500 per
     8  calendar year for the life of the dog plus an additional amount
     9  set by the department as may be necessary to cover the costs of
    10  issuing this registration and enforcing this section. This
    11  registration fee shall be in addition to any other fees
    12  collectable under this act and shall be credited to the Dog Law
    13  Restricted Account for the purpose of administering and
    14  enforcing this act.
    15     (c)  Uniform identifiable symbol.--The department shall have
    16  the authority to establish a uniform identifiable symbol for
    17  visual recognition of dangerous dogs. [The "Ugh Dog" symbol
    18  developed by Animal-Vues may be adopted as the standard symbol
    19  to identify dangerous dogs.]
    20     (d)  Other requirements.--The owner or keeper of a dangerous
    21  dog shall [sign a statement attesting that]:
    22         (1)  The owner  shall maintain and not voluntarily cancel
    23     the liability insurance required by this section during the
    24     period for which licensing is sought unless the owner ceases
    25     to own the dangerous dog prior to expiration of the license.
    26         (2)  The owner or keeper shall notify the Bureau of Dog
    27     Law Enforcement, the State dog warden and the local police
    28     department within 24 hours if a dangerous dog is on the
    29     loose, is unconfined, has attacked another animal, has
    30     attacked a human being, has died or has been sold or donated.
    20080H2525B3766                 - 63 -     

     1     If the dangerous dog has been sold or donated, the owner
     2     shall also provide the Bureau of Dog Law Enforcement and the
     3     State dog warden with the name, address and telephone number
     4     of the new owner or new address of the dangerous dog.
     5         (3)  The new owner or keeper of the dangerous dog shall
     6     be required to comply with all of the provisions of this act
     7     and regulations pertaining to a dangerous dog.
     8  Section 504-A.  Control of dangerous dogs.
     9     It is unlawful for an owner or keeper of a dangerous dog to
    10  permit the dog to be outside the proper enclosure unless the dog
    11  is muzzled and restrained by a substantial chain or leash and
    12  under physical restraint of a responsible person. The muzzle
    13  shall be made in a manner that will not cause injury to the dog
    14  or interfere with its vision or respiration but shall prevent it
    15  from biting any person or animal or from destroying property
    16  with its teeth.
    17     Section 16.  Sections 505-A, 603, 706, 802 and 901 of the
    18  act, amended or added December 11, 1996 (P.L.943, No.151), are
    19  amended to read:
    20  Section 505-A.  Public safety and penalties.
    21     (a)  Failure to register and restrain.--[A dangerous dog
    22  shall be immediately confiscated by a State dog warden or a
    23  police officer upon the occurrence of any of the following:] The
    24  owner or keeper of a dangerous dog who violates any of the
    25  following provisions on the first occurrence commits a
    26  misdemeanor of the third degree:
    27         (1)  The dog is not validly registered under this act.
    28         (2)  The owner [does not secure and maintain the
    29     liability insurance coverage required under section 503-A.]
    30     or keeper of a dangerous dog fails to comply with the
    20080H2525B3766                 - 64 -     

     1     provisions of section 503-A or 504-A.
     2         (3)  The dangerous dog is not maintained in the proper
     3     enclosure.
     4         (4)  The dangerous dog is outside of the dwelling of the
     5     owner or keeper or outside of the proper enclosure and not
     6     under physical restraint of the responsible person.
     7  [In addition, an owner violating this subsection commits a
     8  misdemeanor of the third degree.]
     9     (a.1)  Subsequent violations.--The owner or keeper of a
    10  dangerous dog who commits a subsequent violation of any of the
    11  provisions under subsection (a) commits a misdemeanor of the
    12  second degree and upon conviction shall pay a fine not to exceed
    13  $5,000, plus the costs of quarantine, kennel charges and
    14  destruction of the dangerous dog. The dangerous dog shall be
    15  forfeited immediately by the owner or keeper to a dog warden,
    16  police officer or game warden and shall be placed in a kennel
    17  or, if necessary, quarantined for a length of time to be
    18  determined by the department. After a period of ten days, if no
    19  appeal has been filed and the necessary quarantine period has
    20  elapsed, the dangerous dog shall be destroyed humanely in an
    21  expeditious manner. If an appeal is filed, the dangerous dog
    22  shall remain confined at the owner's or keeper's expense until
    23  the proceedings are completed.
    24     (a.2)  Utilization of fines.--All fines collected under this
    25  section shall be deposited into the Dog Law Restricted Account
    26  and may be utilized to pay the expenses of the department in
    27  administering its duties under this act.
    28     (a.3)  Collection.--In cases of inability to collect the fine
    29  assessed or failure of any person to pay all or a portion of the
    30  fine, the secretary may refer the matter to the Office of
    20080H2525B3766                 - 65 -     

     1  Attorney General, which shall institute an action in the
     2  appropriate court to recover the fine.
     3     (b)  Attacks by dangerous dog.--If a dangerous dog, through
     4  the intentional, reckless or negligent conduct of the dog's
     5  owner or keeper, attacks a person or a domestic animal, the
     6  dog's owner [is] or keeper shall be guilty of a misdemeanor of
     7  the second degree. In addition, the dangerous dog shall be
     8  immediately confiscated[, placed in quarantine for the proper
     9  length of time and thereafter humanely killed in an expeditious
    10  manner, with costs of quarantine and destruction to be borne by
    11  the dog's owner.] by a dog warden or a police officer and placed
    12  in quarantine for a length of time to be determined by the
    13  department. After a period of ten days, if no appeal has been
    14  filed by the owner or keeper of the dangerous dog and after the
    15  quarantine period has expired, the dangerous dog shall be
    16  humanely destroyed in an expeditious manner, with costs of
    17  kenneling, quarantine and destruction to be borne by the dog's
    18  owner or keeper. If an appeal is filed, the dangerous dog shall
    19  remain confined at the owner's or keeper's expense until the
    20  proceedings are completed and if found guilty of the cited
    21  offense, the dangerous dog shall thereafter be humanely
    22  destroyed in an expeditious manner, with costs of kenneling,
    23  quarantine and destruction to be borne by the dog's owner or
    24  keeper.
    25     (c)  Attacks causing severe injury or death.--The owner or
    26  keeper of any dog that, through the intentional, reckless or
    27  negligent conduct of the dog's owner or keeper, aggressively
    28  attacks and causes severe injury or death of any human shall be
    29  guilty of a misdemeanor of the first degree. In addition, the
    30  dog shall be immediately confiscated by a State dog warden or a
    20080H2525B3766                 - 66 -     

     1  police officer[, placed in quarantine for the proper length of
     2  time and thereafter humanely killed in an expeditious manner,
     3  with costs of quarantine and destruction to be borne by the
     4  dog's owner.] and placed in quarantine for a length of time to
     5  be determined by the department. After a period of ten days, if
     6  no appeal has been filed by the owner or keeper of the dangerous
     7  dog, and after the quarantine period has expired, the dangerous
     8  dog shall be humanely destroyed in an expeditious manner, with
     9  costs of kenneling, quarantine and destruction to be borne by
    10  the dog's owner or keeper. If an appeal is filed, the dangerous
    11  dog shall remain confined at the owner's or keeper's expense
    12  until the proceedings are completed and if found guilty of the
    13  cited offense, the dangerous dog shall be humanely destroyed in
    14  an expeditious manner, with costs of kenneling, quarantine and
    15  destruction to be borne by the dog's owner or keeper.
    16     (d)  Dog owned by a minor.--If the owner of the dangerous dog
    17  is a minor, the parent or guardian of the minor shall be liable
    18  for injuries and property damages caused by an unprovoked attack
    19  by the dangerous dog under section 4 of the former act of July
    20  27, 1967 (P.L.186, No.58), entitled "An act imposing liability
    21  upon parents for personal injury, or theft, destruction, or loss
    22  of property caused by the willful, tortious acts of children
    23  under eighteen years of age, setting forth limitations, and
    24  providing procedure for recovery."
    25     (e)  Mandatory reporting.--
    26         (1)  All known incidents of dog attacks shall be reported
    27     to the State dog warden, who shall investigate each incident
    28     and notify the department if a dog has been determined to be
    29     dangerous.
    30         (2)  A State dog warden or police officer who has
    20080H2525B3766                 - 67 -     

     1     knowledge of a dog which has attacked a person shall file a
     2     written report summarizing the circumstances of the attack
     3     with the police in the municipality where the owner of the
     4     dog resides or if the attack occurred outside the owner's
     5     municipality of residence, with the police having
     6     jurisdiction in the municipality where the attack occurred.
     7     The report shall be available for public inspection.
     8  Section 603.  Selling, bartering or trading dogs.
     9     (a)  Illegal transfers.--It shall be unlawful to offer a dog
    10  as an inducement to purchase a product, commodity or service.
    11  The sale of a dog by a licensed kennel shall not be considered
    12  to be an inducement.
    13     (b)  Illegal to transfer ownership of certain puppies.--It
    14  shall be unlawful to barter, trade, raffle, sell, auction or in
    15  any way transfer ownership of a dog under [seven] eight weeks of
    16  age, unless the dog has been orphaned and it becomes necessary
    17  to transfer ownership of the orphaned dog to a nonprofit kennel,
    18  or from a nonprofit kennel with approval by a licensed doctor of
    19  veterinary medicine.
    20     (c)  Illegal for certain persons to transfer dogs.--It shall
    21  be unlawful for any person to buy, sell, transfer, barter,
    22  trade, raffle, auction or rent a dog at any public place in this
    23  Commonwealth other than a kennel licensed pursuant to this act,
    24  or a dog show or field trial sponsored by a recognized breed or
    25  kennel association or transfer by a rescue network kennel within
    26  its own network or to another rescue network kennel. If a
    27  purchase, sale, transfer, barter, trade, raffle, auction or
    28  rental of a dog occurs at or on the premises of a kennel, the
    29  transaction shall be unlawful unless one of the parties to the
    30  transaction is an employee, volunteer or other person acting as
    20080H2525B3766                 - 68 -     

     1  an authorized representative of the kennel.
     2  Section 706.  Damages caused by coyotes; complaints; liability.
     3     (a)  Reimbursement.--A person may make application to the
     4  department for reimbursement for damage to a domestic animal by
     5  a coyote, whether or not the domestic animal is directly damaged
     6  by the coyote or is necessarily destroyed due to damage caused
     7  by the coyote, if the damage occurs when the domestic animal is
     8  confined in a field or other enclosure adequate for confinement
     9  of such animal.
    10     (b)  Complaint.--To receive reimbursement under subsection
    11  (a), a person must file a written, signed complaint with the
    12  department. The complaint must state all of the following:
    13         (1)  The time, place and manner of the damage.
    14         (2)  The number and type of domestic animal damaged.
    15         (3)  The amount of the damage. The amount under this
    16     paragraph is limited to $10,000 for each domestic animal.
    17     (c)  Limitation.--A written complaint under subsection (b)
    18  must be filed within five business days of discovery of the
    19  damage.
    20     (d)  Investigation.--Within 48 hours of receipt of a
    21  complaint under subsection (b), a State dog warden shall
    22  investigate the complaint by examining the site of the
    23  occurrence. The State dog warden may examine witnesses under
    24  oath or affirmation.
    25     (e)  Determination.--
    26         (1)  Within ten business days after the initiation of the
    27     investigation under subsection (d), the State dog warden
    28     shall issue one of the following determinations:
    29             (i)  A dismissal of the complaint.
    30             (ii)  A damage award. The amount under this
    20080H2525B3766                 - 69 -     

     1         subparagraph is limited to $10,000 for each domestic
     2         animal, and the award shall not exceed 90% of the
     3         appraised value of the domestic animal.
     4         (2)  Failure to act within the time period under
     5     paragraph (1) shall be deemed a damage award in the amount
     6     claimed in the complaint under subsection (b)(3).
     7     (f)  Arbitration[.--
     8         (1)  If the complainant does not agree to the damage
     9     award under subsection (e)(1)(ii), the complainant and the
    10     State dog warden shall appoint a disinterested, qualified
    11     citizen to act as arbitrator.
    12         (2)  The arbitrator shall determine the damage award. The
    13     amount under this paragraph is limited to $10,000 for each
    14     domestic animal.
    15         (3)  The arbitrator shall receive appropriate
    16     compensation paid by the complainant.] disallowed.--
    17     Arbitration shall not be permitted under this section or
    18     section 701.1(f).
    19     (g)  Administrative appeal.--
    20         (1)  A complainant may appeal to the department a
    21     determination under subsection (e)(1)(i) [or (f)(2)].
    22         (2)  The appeal must be filed within 30 days of issuance
    23     of the determination.
    24         (3)  Within 30 days of filing under paragraph (2), the
    25     department must issue one of the following adjudications:
    26             (i)  Affirming the original determination.
    27             (ii)  Modifying the original determination.
    28         (4)  Failure to act within the time period under
    29     paragraph (3) shall be deemed a modification of the original
    30     determination to grant an award in the amount claimed in the
    20080H2525B3766                 - 70 -     

     1     complaint under subsection (b)(3).
     2         (5)  This subsection is subject to 2 Pa.C.S Ch. 5 Subch.
     3     A (relating to practice and procedure of Commonwealth
     4     agencies).
     5     (h)  Judicial review.--A complainant may appeal to
     6  Commonwealth Court an adjudication under subsection (g)(3). This
     7  subsection is subject to 2 Pa.C.S. Ch. 7 Subch. A (relating to
     8  judicial review of Commonwealth agency action).
     9     (i)  Payment of claims.--All damage claims shall be paid from
    10  the Dog Law Restricted Account. No payment shall be made for any
    11  claim which has already been paid by the claimant's insurance
    12  carrier. The claimant shall certify to the department that he
    13  has not received payment for any damages under this section by
    14  any person. Claims paid under this section shall not exceed
    15  $20,000 annually.
    16     (j)  Rules and regulations.--The secretary shall promulgate
    17  rules and regulations to enforce the provisions of this section.
    18  Section 802.  Burdens of proof.
    19     (a)  Licensing.--In any proceeding under this act, the burden
    20  of proof of the fact that a dog has been licensed, or has been
    21  imported for breeding, trial, hunting, performance event or show
    22  purposes, or that a dog is under the required licensed age of
    23  three months as hereinbefore provided, shall be on the owner of
    24  such dog. Any dog not bearing a license tag shall prima facie be
    25  deemed to be unlicensed except as provided under section 207(d).
    26  It is unlawful for any person dealing in and with dogs, to use a
    27  false or fictitious name unless such name is registered with the
    28  Commonwealth.
    29     (b)  Age and name.--In a proceeding under this act, the
    30  burden of proof of the age of a dog shall be on the owner of the
    20080H2525B3766                 - 71 -     

     1  dog. It shall be unlawful for a person dealing in and with dogs
     2  to use a false or fictitious name unless the name is registered
     3  with the Commonwealth.
     4  Section 901.  Enforcement of this act by the secretary;
     5                 provisions for inspections.
     6     (a)  General rule.--The secretary, through State dog wardens,
     7  employees of the department and police officers, shall be
     8  charged with the general enforcement of this law. The secretary
     9  may employ all proper means for the enforcement of this act
    10  [and], including issuing notices and orders, assessing criminal
    11  and injunctive penalties, assessing civil penalties and entering
    12  into consent agreements. The secretary may enter into agreements
    13  pursuant to section 1002, which shall be filed with the
    14  department, for the purpose of dog control. State dog wardens
    15  and employees of the department are hereby authorized to enter
    16  upon the premises of any [persons] person for the purpose of
    17  investigation. A dog warden or employee of the department may
    18  enter into a home or other building only with the permission of
    19  the occupant or with a duly issued search warrant.
    20     (b)  Training for dog wardens.--The secretary shall establish
    21  training requirements for dog wardens and other employees of the
    22  department charged with the enforcement of this act which shall
    23  include dog handling [and], cruelty, humane capture, preliminary
    24  recognition of dog pathology, knowledge of proper dog
    25  sanitation, kennel inspection procedures and shelter and dog law
    26  enforcement.
    27     (b.1)  Training requirements.--The department shall establish
    28  a program for initial training of dog wardens and employees of
    29  the department which must include, at a minimum, a total of [56]
    30  64 hours of instruction, in accordance with [paragraphs (1), (2)
    20080H2525B3766                 - 72 -     

     1  and (3).] this subsection. The following shall apply:
     2         (1)  The program for initial training of dog wardens must
     3     include at least 32 hours of instruction in the following
     4     group of instructional areas:
     5             (i)  Dog laws and applicable rules and regulations.
     6             (ii)  Care and treatment of dogs.
     7             (iii)  Pennsylvania criminal law and criminal
     8         procedure.
     9         (2)  At least [24] 32 hours of instruction in the initial
    10     training program must be provided in the following group of
    11     instructional areas:
    12             (i)  Dog handling and humane capture.
    13             (ii)  Preliminary recognition of dog pathology.
    14             (iii)  Proper dog sanitation and shelter.
    15             (iv)  Kennel inspection procedures.
    16             (v)  Biosecurity risks, techniques and protocol.
    17         (3)  The initial training program must also require an
    18     individual, as a prerequisite to successful completion of the
    19     training program, to take and pass a final examination that
    20     sufficiently measures the individual's knowledge and
    21     understanding of the instructional material.
    22         (4)  Training shall be conducted in accordance with 22
    23     Pa.C.S. Ch. 37 (relating to humane society police officers).
    24     (b.2)  Limitation on the possession of firearms.--No dog
    25  warden or employee of the department shall carry, possess or use
    26  a firearm in the performance of duties. [unless the person has
    27  the approval of the secretary and holds a current and valid
    28  certification in the use and handling of firearms pursuant to at
    29  least one of the following:
    30         (1)  The act of June 18, 1974 (P.L.359, No.120), referred
    20080H2525B3766                 - 73 -     

     1     to as the Municipal Police Education and Training Law.
     2         (2)  The act of October 10, 1974 (P.L.705, No.235), known
     3     as the "Lethal Weapons Training Act."
     4         (3)  The act of February 9, 1984 (P.L.3, No.2), known as
     5     the "Deputy Sheriffs' Education and Training Act."
     6         (4)  Any other firearms program which has been determined
     7     by the Commissioner of the Pennsylvania State Police to be of
     8     sufficient scope and duration to provide the participant with
     9     basic training in the use and handling of firearms. The
    10     department may provide for such firearms training for dog
    11     wardens.]
    12     (b.3)  Application of section to prior dog wardens.--
    13         (1)  Any dog warden or employee of the department who,
    14     prior to the effective date of this act, has successfully
    15     completed a training program similar to that required under
    16     subsection [(b)] (b.1) shall, after review by the secretary,
    17     be certified as having met the training requirements of this
    18     act. Any dog warden or employee of the department who, prior
    19     to the effective date of this act, has not successfully
    20     completed a training program similar to that required under
    21     subsection [(b)] (b.1) may continue to perform the duties of
    22     a dog warden until the person has successfully completed the
    23     required training program, but not longer than two years from
    24     the effective date of this act.
    25         (2)  [Any dog warden or employee of the department who,
    26     prior to the effective date of this act, has not received
    27     approval of the secretary and been certified in the use and
    28     handling of firearms pursuant to one or more of the acts set
    29     forth in subsection (b.2)(1), (2) and (3) shall not carry or
    30     possess a firearm in the performance of the duties of a dog
    20080H2525B3766                 - 74 -     

     1     warden on or after the effective date of this act until the
     2     person has, under subsection (b.2), received approval of the
     3     secretary and been certified in the use and handling of
     4     firearms.] (Reserved).
     5     (b.4)  Refusal, suspension or revocation authorized.--The
     6  department may refuse to employ a person to act as a dog warden
     7  or may suspend or revoke the employment of a person who is
     8  acting as a dog warden if the department determines that the
     9  person has:
    10         (1)  Failed to satisfy the training requirements of
    11     subsection (b.1).
    12         (2)  Had a criminal history record which would disqualify
    13     the applicant from becoming a law enforcement officer.
    14         (3)  Been convicted of violating 18 Pa.C.S. § 5301
    15     (relating to official oppression).
    16     (b.5)  Additional grounds.--The department may refuse to
    17  employ a person to act as a dog warden or other employee charged
    18  with the enforcement of this act or may suspend or revoke the
    19  employment of a person who is acting as a dog warden or is
    20  charged with the enforcement of this act if the department
    21  determines that the person has:
    22         (1)  Made a false or misleading statement in the
    23     application for employment.
    24         (2)  Carried or possessed a firearm in the performance of
    25     his or her duties [without certification pursuant to
    26     subsection (b.2)].
    27         (3)  Engaged in conduct which constitutes a prima facie
    28     violation of 18 Pa.C.S. [§ 5301] §§ 5301 and 5511 (relating
    29     to cruelty to animals).
    30         (4)  Knowingly failed to enforce any of the provisions of
    20080H2525B3766                 - 75 -     

     1     this act.
     2         (5)  Violated any of the provisions of this act.
     3     (b.6)  Training available to others.--The department may
     4  provide training under subsections (b.1) and (b.2) to any person
     5  not employed by the department and may charge a reasonable fee
     6  to cover the costs incurred for providing this service. Training
     7  for any person not employed by the department need not include
     8  instruction in kennel inspection procedures.
     9     (c)  Advisory board.--The secretary shall appoint a Dog Law
    10  Advisory Board to advise [him] the secretary in the
    11  administration of this act. The board shall consist of the
    12  following[:], who shall either be a resident of this
    13  Commonwealth or an organization of this Commonwealth:
    14         (1)  The secretary or his designee, who shall act as
    15     chairman.
    16         (2)  A representative of animal research establishments.
    17         (3)  A representative of a Statewide veterinary medical
    18     association.
    19         (4)  Two representatives of animal welfare organizations.
    20         (5)  Three representatives of farm organizations, with
    21     one from each Statewide general farm organization.
    22         (6)  A representative of dog clubs.
    23         (7)  A representative of commercial kennels.
    24         (8)  A representative of pet store kennels.
    25         (9)  A representative of sportsmen.
    26         (10)  A representative of a national purebred canine
    27     pedigree registry.
    28         (11)  A representative of lamb and wool growers.
    29         (12)  A county treasurer.
    30         (13)  A representative of hunting-sporting dog
    20080H2525B3766                 - 76 -     

     1     organizations.
     2         (14)  A representative of the police.
     3         (15)  Eight members representing the general public who
     4     are recommended by the Governor.
     5     (d)  Terms.--The length of the initial term of each
     6  appointment to the board shall be set by the secretary and shall
     7  be staggered so that the terms of approximately one-third of the
     8  appointments expire each year.
     9     (e)  Absences.--Three consecutive unexcused absences from
    10  regular board meetings or failure to attend at least 50% of the
    11  regularly scheduled board meetings in any calendar year shall be
    12  considered cause for termination of appointment unless the
    13  secretary, upon written request of the member, finds that the
    14  member should be excused from attending a meeting because of
    15  illness or death of a family member or for a similar emergency.
    16     (f)  Vacancies.--Vacancies in the membership of the board
    17  shall be filled for the balance of an unexpired term in the same
    18  manner as the original appointment.
    19     (g)  Recommendations.--The board may make nonbinding
    20  recommendations to the secretary on all matters related to the
    21  provisions of this act.
    22     Section 17.  Section 902 of the act is amended to read:
    23  Section 902.  Rules and regulations.
    24     The secretary[, after due notice and a public hearing,] may
    25  promulgate rules and regulations to carry out the provisions and
    26  intent of this act.
    27     Section 18.  Section 903 of the act, amended December 11,
    28  1996 (P.L.943, No.151), is amended to read:
    29  Section 903.  [Violations.
    30     Unless heretofore provided, any person found in violation of
    20080H2525B3766                 - 77 -     

     1  any provision of Article II through Article VIII of this act
     2  shall be guilty of a summary offense for the first violation and
     3  for a second and subsequent violation which occurs within one
     4  year of sentencing for the first violation shall be guilty of a
     5  misdemeanor of the third degree.] Enforcement and penalties.
     6     (a)  Criminal penalties.--Unless otherwise provided under
     7  this act, a person who violates a provision of Articles II
     8  through VII or a rule or regulation adopted or order issued
     9  under this act commits the following:
    10         (1)  For the first offense, a summary offense and shall,
    11     upon conviction, be sentenced for each offense to pay a fine
    12     of not less than $100 nor more than $500 or to serve a term
    13     of imprisonment for not more than 90 days, or both.
    14         (2)  For a subsequent offense which occurs within one
    15     year of sentencing for the first violation, a misdemeanor of
    16     the third degree and shall, upon conviction, be sentenced for
    17     each offense to pay a fine of not less than $500 nor more
    18     than $1,000 plus costs of prosecution or to serve a term of
    19     imprisonment of not more than one year, or both.
    20     (b)  Representation.--Upon prior authorization and approval
    21  of the district attorney for the county in which the proceeding
    22  is held, a State dog warden may be represented in any proceeding
    23  under this section by an attorney employed by the Office of
    24  General Counsel.
    25     (c)  Civil penalty.--
    26         (1)  In addition to proceeding under any other remedy
    27     available at law or in equity for a violation of a provision
    28     of this act or a rule or regulation adopted under this act,
    29     the Bureau of Dog Law Enforcement may assess a civil penalty
    30     of not less than $100 nor more than $1,000 per day of each
    20080H2525B3766                 - 78 -     

     1     offense. The factors for consideration in determining the
     2     amount of the penalty are:
     3             (i)  The gravity of the violation.
     4             (ii)  The potential harm to the public.
     5             (iii)  The potential effect to the dog or dogs.
     6             (iv)  The willfulness of the violation.
     7             (v)  Previous violations.
     8             (vi)  The economic benefit to the violator for
     9         failing to comply with this act.
    10         (2)  If the Bureau of Dog Law Enforcement finds that a
    11     violation did not cause harm or an adverse effect to a dog,
    12     it may issue a warning in lieu of assessing a penalty where
    13     the owner or operator, upon notice, takes immediate action to
    14     resolve the violation and come into compliance.
    15         (3)  In cases of inability to collect the civil penalty
    16     or failure of any person to pay all or a portion of the
    17     penalty, the Bureau of Dog Law Enforcement may refer the
    18     matter to the Office of General Counsel or the Office of
    19     Attorney General, which shall institute an action in the
    20     appropriate court to recover the penalty.
    21     (d)  Civil remedies.--In addition to any other remedies
    22  provided for in this act, a violation of this act or the
    23  regulations promulgated under this act shall be abatable in the
    24  manner provided by law or equity.
    25     (e)  Equitable relief.--In cases where the circumstances
    26  require it, a mandatory preliminary injunction, special
    27  injunction or temporary restraining order may be issued upon the
    28  terms prescribed by the court, provided that notice of the
    29  application has been given to the defendant in accordance with
    30  the rules of equity practice. In any such proceeding, the court
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     1  shall issue a prohibitory or mandatory preliminary injunction if
     2  it finds that the defendant is engaging in unlawful conduct as
     3  defined by this act or is engaging in conduct which is causing
     4  immediate and irreparable harm to the public. In addition to an
     5  injunction, the court in such equity proceeding may assess civil
     6  penalties in accordance with this section.
     7     (f)  Penalties collected.--All civil penalties collected
     8  under this act shall be remitted to the Dog Law Restricted
     9  Account.
    10     Section 19.  The act is amended by adding a section to read:
    11  Section 908.  Exemption.
    12     Research kennels in this Commonwealth that are currently
    13  registered with and inspected by the Federal Government under
    14  the Animal Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et
    15  seq.) shall be exempt from this act and regulations promulgated
    16  under this act if they can provide documentation to the
    17  department demonstrating that the research kennel has undergone
    18  at least one Federal inspection in the last 12 months and the
    19  research kennel sill maintains a valid Federal registration.
    20  Submission of such evidence of Federal inspection and
    21  registration by documentation to the department may be
    22  established by regulation.
    23     Section 20.  The definition of "releasing agency" in section
    24  901-A of the act, added December 11, 1996 (P.L.943, No.151), is
    25  amended to read:
    26  Section 901-A.  Definitions.
    27     The following words and phrases when used in this article
    28  shall have the meanings given to them in this section unless the
    29  context clearly indicates otherwise:
    30     * * *
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     1     "Releasing agency."  A public or private pound, animal
     2  shelter, humane society, society for the prevention of cruelty
     3  to animals, rescue kennel network or other similar entity that
     4  releases a dog or cat for adoption.
     5     * * *
     6     Section 21.  This act shall take effect as follows:
     7         (1)  The addition of section 207(h) and (i) of the act
     8     shall take effect in 180 days.
     9         (2)  The remainder of this act shall take effect
    10     immediately.














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