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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 3766, 4068, 4322,        PRINTER'S NO. 4524
        4434

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, N. P. 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, MANDERINO,
           SAMUELSON, THOMAS, BRENNAN, REICHLEY, HORNAMAN, JAMES AND
           VULAKOVICH, MAY 13, 2008

        SENATOR ARMSTRONG, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, OCTOBER 7, 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 license certificates, for kennels, for
    17     requirements for kennels, for out-of-State dealer license,


     1     for bills of sale, for revocation, suspension or refusal of
     2     kennel licenses, for transportation of dogs, for health
     3     certificates for importation, for inspections of premises and
     4     dogs and for additional duties of department; providing for
     5     refusal of entry AND FOR THE CANINE HEALTH BOARD; further      <--
     6     providing for seizure and detention of dogs, for confinement
     7     of dogs, for dog bites, for registration, for certain
     8     requirements, for control of dangerous dogs, for public
     9     safety, for selling, bartering or trading dogs, for damages
    10     caused by coyotes, for burdens of proof, for enforcement and
    11     for violations; providing for exemption; further defining
    12     "releasing agency"; and making editorial changes.

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

    20080H2525B4524                  - 2 -     

     1  response to a command by its owner, to bite, to seize with its
     2  teeth or to pursue any human [or], domestic animal, dog or cat.
     3     "Boarding kennel."  Any [kennel] establishment available to
     4  the general public where a dog or dogs are housed [or trained]
     5  for compensation by the day, week or a specified or unspecified
     6  time. The term shall not include a kennel where the practice of
     7  veterinary medicine is performed if the kennel is covered by the
     8  provisions of the act of December 27, 1974 (P.L.995, No.326),
     9  known as the "Veterinary Medicine Practice Act." The term shall
    10  include any boarding facility operated by a licensed doctor of
    11  veterinary medicine whether or not this facility is on the same
    12  premises as a building or structure subject to the provisions of
    13  the "Veterinary Medicine Practice Act." The term shall include
    14  any establishment available to the general public that, for
    15  consideration, takes control of a dog from the owner for a
    16  portion of a day for the purposes of exercise, day care or
    17  entertainment of the dog. For the purpose of this term, each
    18  time a dog enters the kennel it shall be counted as one dog.
    19  This term does not include an establishment engaged only in dog
    20  grooming or dog training.
    21     ["Breeding kennel."  Any kennel operated for the purpose of
    22  breeding, buying and selling or in any way transferring dogs for
    23  nonresearch purposes.]
    24     "Cat."  The genus and species known as Felis catus.
    25     "Commercial kennel."  A kennel that breeds or whelps dogs
    26  and:
    27         (1)  sells or transfers any dog to a dealer or pet shop-
    28     kennel; or
    29         (2)  sells or transfers more than 60 dogs per calendar
    30     year.
    20080H2525B4524                  - 3 -     

     1     "Confiscate."  To appropriate property to the use of the
     2  government or to adjudge property to be forfeited to the public,
     3  without compensation to the owner of the property.
     4     "County animal warden."  Any person employed or appointed
     5  under section 1002(a.1).
     6     "County treasurer."  The elected officer for any county or
     7  any county employee assigned to the office of the county
     8  treasurer charged with the receipt, custody and disbursements of
     9  its moneys or funds. The term county treasurer shall include
    10  those officials in home rule charter counties responsible for
    11  county treasurer's duties.
    12     "Coyote."  The genus and species known as Canis latrans.
    13     "Dangerous dog."  A dog determined to be a dangerous dog
    14  under section 502-A.
    15     "Dealer."  [Any person who owns or operates a dealer kennel
    16  in this Commonwealth or who buys, receives, sells, exchanges,
    17  negotiates, barters or solicits the sale, resale, exchange or
    18  transfer of a dog in this Commonwealth for the purpose of
    19  transferring ownership or possession to a third party.] A person
    20  who:
    21         (1)  publicly or privately sells or offers for sale any
    22     dog belonging to another person for consideration, a fee or a
    23     commission or percentage of the sale price;
    24         (2)  transfers dogs at wholesale for resale to another;
    25     or
    26         (3)  offers or maintains dogs at wholesale for resale to
    27     another.
    28     "Dealer kennel."  A kennel operating within the Commonwealth
    29  which:
    30         (1)  publicly or privately sells or offers for sale any
    20080H2525B4524                  - 4 -     

     1     dog [belonging to another person] as an owner, agent or
     2     assignee for a fee, commission or percentage of the sale
     3     price;
     4         (2)  [acquires, sells,] transfers[, exchanges or barters]
     5     dogs at wholesale for resale to another; or
     6         (3)  offers or maintains dogs [for sale, transfer,
     7     exchange or barter] at wholesale for resale to another. The
     8     term does not include a pound, shelter or common carrier or a
     9     kennel defined elsewhere in this section.
    10     "Department."  The Pennsylvania Department of Agriculture.
    11     "Detection dog."  A dog which is trained and used for
    12  accelerant detection, bomb or explosives detection, narcotics
    13  detection or other scent detection.
    14     "Dog."  The genus and species known as Canis familiaris.
    15     "Dog control."  The apprehending, holding and disposing of
    16  stray or unwanted dogs. Dog control may be performed by humane
    17  society police officers, police officers, State dog wardens or
    18  animal control officers.
    19     "Domestic animal."  Any equine animal or bovine animal,
    20  sheep, goat, pig, poultry, bird, fowl, confined hares, rabbits
    21  and mink, or any wild or semiwild animal maintained in
    22  captivity.
    23     "Establishment."
    24         (1)  The premises on, in or through which a dog is kept,
    25     bred, harbored, boarded, sheltered, maintained, sold, given
    26     away, exchanged or in any way transferred.
    27         (2)  The term shall encompass all of the following on, in
    28     or through which any of the activities under paragraph (1)
    29     take place:
    30             (i)  The home, homestead, place of business or
    20080H2525B4524                  - 5 -     

     1         operation of a person, including a dealer, which includes
     2         all of the land, property, housing facilities or any
     3         combination of land, property or housing facilities of
     4         the individual or person.
     5             (ii)  All of the persons residing in or on the
     6         establishment.
     7             (iii)  A person, organization, business or operation
     8         which utilizes offsite or rescue network kennel homes to
     9         keep, maintain, breed, train, harbor, board, shelter,
    10         sell, give away, adopt, exchange or in any way transfer
    11         dogs.
    12         (3)  The term shall not include a gathering of dog owners
    13     where dogs remain in the custody and care of their owners,
    14     such as a hotel or campground, A PLACE FOR grooming or         <--
    15     training or an event such as a field trial, performance
    16     event, hunting event or dog show.
    17     "Housing facility."  A structure that provides animals with
    18  shelter, protection from the elements and protection from
    19  temperature extremes.
    20     "Humanely killed."  A method of destruction in accordance
    21  with the act of December 22, 1983 (P.L.303, No.83), referred to
    22  as the Animal Destruction Method Authorization Law.
    23     "Humane society or association for the prevention of cruelty
    24  to animals."  A nonprofit society or association duly
    25  incorporated pursuant to 15 Pa.C.S. Ch. 53 Subch. A (relating to
    26  incorporation generally) for the purpose of the prevention of
    27  cruelty to animals.
    28     "Humane society police officer."  Any person duly appointed
    29  pursuant to 22 Pa.C.S. § 501 (relating to appointment by
    30  nonprofit corporations) to act as a police officer for a humane
    20080H2525B4524                  - 6 -     

     1  society or association for the prevention of cruelty to animals.
     2  The term shall include any person who is an agent of a humane
     3  society or association for the prevention of cruelty to animals
     4  as agent is used in 18 Pa.C.S. § 5511 (relating to cruelty to
     5  animals).
     6     "Kennel."  Any establishment [wherein] in or through which at
     7  least 26 dogs are kept [for the purpose of breeding, hunting,
     8  training, renting, research or vivisection, buying, boarding,
     9  sale, show or any other similar purpose and is so constructed
    10  that dogs cannot stray therefrom.] or transferred in a calendar
    11  year, or a boarding kennel as defined in this act.
    12     "Licensed doctor of veterinary [medicine."] medicine" or
    13  "veterinarian."  A person who is currently licensed pursuant to
    14  the act of December 27, 1974 (P.L.995, No.326), known as the
    15  "Veterinary Medicine Practice Act."
    16     "Muzzle."  A device, in any arrangement of straps or wires,
    17  placed over an animal's mouth to prevent the animal from biting
    18  or eating.
    19     "Nonprofit kennel."  [Any kennel operated by an animal rescue
    20  league, a humane society or association for the prevention of
    21  cruelty to animals] A kennel registered under the laws of this
    22  Commonwealth as a nonprofit entity or a nonprofit animal control
    23  kennel under sections 901 and 1002. The term shall include
    24  kennels operated by approved medical and veterinary schools and
    25  nonprofit institutions conducting medical and scientific
    26  research, which shall be required to register, but shall not be
    27  required to pay any of the [following] license fees set by this
    28  act, and which may use their own identification tags for dogs
    29  within their kennels without being required to attach tags
    30  hereinafter prescribed while dogs are within such kennels, if
    20080H2525B4524                  - 7 -     

     1  approved by the secretary.
     2     "Out-of-state dealer."  A person who does not reside in the
     3  Commonwealth of Pennsylvania and [who buys, receives, sells,
     4  exchanges, negotiates, barters or solicits the sale, resale,
     5  exchange or transfer of a dog in this Commonwealth for the
     6  purpose of transferring ownership or possession to a third
     7  party.] who:
     8         (1)  sells or offers for sale a dog in this Commonwealth
     9     belonging to another person, for any type of consideration,
    10     fee, commission or percentage of the sales price; or
    11         (2)  transfers a dog in this Commonwealth for resale to
    12     another for any type of consideration, fee, commission or
    13     percentage of the sales price.
    14     "Owner."  When applied to the proprietorship of a dog,
    15  includes every person having a right of property in such dog,
    16  and every person who keeps or harbors such dog or has it in his
    17  care, and every person who permits such dog to remain on or
    18  about any premises occupied by him.
    19     "Permanent identification" or "permanently identified."  Any
    20  long-lasting identification designed to be nonremovable, such as
    21  a tattoo or microchip, determined by the Department of
    22  Agriculture through regulation. Any dog permanently identified
    23  shall be required to bear a license tag in accordance with the
    24  provisions of this act.
    25     "Person with a disability."  A person who receives disability
    26  insurance or supplemental security income for the aged, blind or
    27  disabled under the Social Security Act (49 Stat. 620, 42 U.S.C.
    28  § 301 et seq.) [or]; who receives a rent or property tax rebate
    29  under the act of March 11, 1971 (P.L.104, No.3), known as the
    30  "Senior Citizens Rebate and Assistance Act," on account of
    20080H2525B4524                  - 8 -     

     1  disability; who has a disability certificate issued by the
     2  United States Veterans' Administration; or who has a
     3  [handicapped license] special registration plate under 75
     4  Pa.C.S. § 1338 (relating to [handicapped] person with disability
     5  plate and placard).
     6     "Persons."  Includes State and local officers, or employees,
     7  individuals, corporations, copartnerships and associations.
     8  Singular words shall include the plural. Masculine words shall
     9  include the feminine and neuter.
    10     "Pet shop-kennel."  Any kennel or person that acquires and
    11  sells dogs for the purpose of resale, whether as owner, agent or
    12  consignee, and sells or offers to sell such dogs on a retail
    13  basis.
    14     "Police officer."  Any person employed or elected by this
    15  Commonwealth, or by any municipality and whose duty it is to
    16  preserve peace or to make arrests or to enforce the law. The
    17  term includes constables and dog, game, fish and forest wardens.
    18     "Primary enclosure."  The primary structure that restricts a
    19  dog's ability to move in a limited amount of space, such as a
    20  room, cage or compartment. The term does not include any run
    21  described in section 207(i)(6).
    22     "Private kennel."  A kennel [at, in, or adjoining a
    23  residence] not meeting the definition of "commercial kennel"
    24  where dogs are kept or bred by their owner, for the purpose of
    25  hunting, tracking and exhibiting in dog shows, performance
    26  events or field and obedience trials.
    27     "Proper enclosure of a dangerous dog."  The secure
    28  confinement of a dangerous dog either indoors or in a securely
    29  enclosed and locked pen or structure, suitable to prevent the
    30  entry of young children and domestic animals and designed to
    20080H2525B4524                  - 9 -     

     1  prevent the [animal] dangerous dog from escaping. [Such] The pen
     2  or structure shall have secure sides and a secure top and shall
     3  also provide protection from the elements for the dog. If the
     4  pen or structure has no bottom secured to the sides, the sides
     5  must be embedded at least two feet into the ground.
     6     "Public place."  A place in this Commonwealth to which the
     7  general public has a right to resort. A public place need not be
     8  a place devoted solely to use by the public, but may be a place
     9  which is visited by many persons on a regular basis and is
    10  usually accessible to the neighboring public. A public place
    11  shall also include television and radio media.
    12     "Rescue network kennel."  A kennel that utilizes rescue
    13  network kennel homes with the goal of ultimately transferring
    14  the dog to a permanent owner or keeper through any means of
    15  transfer.
    16     "Rescue network kennel home."  An establishment to which a
    17  rescue network kennel assigns a dog until the dog is ultimately
    18  transferred to a permanent home.
    19     "Research."  Investigation or experimentation aimed at the
    20  discovery and interpretation of facts or procedures, revision of
    21  accepted theories or laws in the light of new facts or practical
    22  application of such new or revised theories or laws as related
    23  to the advancement of medical science and technological
    24  treatment of disease or surgical operations, medical procedures,
    25  transplants, functions and any form of medical or
    26  pharmacological actions on dogs when applied and personally
    27  supervised by a qualified scientist with degrees approved by the
    28  secretary.
    29     "Research kennel."  [Any kennel within the Commonwealth
    30  wherein research is conducted with dogs, or where vivisection is
    20080H2525B4524                 - 10 -     

     1  practiced with dogs, or any establishment which breeds, buys,
     2  sells, or in any way transfers dogs to laboratories, hospitals,
     3  establishments for research or any other similar purpose, or
     4  which sells, gives away or in any way transfers dogs to another
     5  research or dealer kennel.] Any Federal research kennel or other
     6  research kennel duly registered with and inspected by the
     7  Federal Government under the provisions of the Animal Welfare
     8  Act (Public Law 89-544, 7 U.S.C. § 2131 et seq.) and its
     9  attendant regulations.
    10     "Search and rescue dog."  A dog which is trained to locate
    11  lost or missing persons, victims of natural or manmade disasters
    12  and human bodies.
    13     "Secretary."  The Secretary of Agriculture or any person to
    14  whom authority has been delegated by the Secretary of
    15  Agriculture.
    16     "Seizure."  The act of taking possession of property for a
    17  violation of law or the taking or removal from the possession of
    18  another. The term shall not include the taking of ownership of
    19  property.
    20     "Service dog."  Any dog which has been or is in the process
    21  of being trained as a guide dog, signal dog or has been trained
    22  to do work or perform tasks for the benefit of an individual
    23  with a disability, including, but not limited to, guiding
    24  individuals with impaired vision, alerting individuals with
    25  impaired hearing to intruders or sounds, pulling a wheelchair or
    26  fetching dropped items.
    27     "Severe injury."  Any physical injury that results in broken
    28  bones or disfiguring lacerations requiring multiple sutures or
    29  cosmetic surgery.
    30     "State dog warden."  An employee of the department whose
    20080H2525B4524                 - 11 -     

     1  primary duty is to enforce this act and the regulations pursuant
     2  thereto.
     3     "VETERINARIAN-CLIENT-PATIENT RELATIONSHIP."  AS DEFINED IN     <--
     4  SECTION 3(15) OF THE ACT OF DECEMBER 27, 1974 (P.L.995, NO.326),
     5  KNOWN AS THE "VETERINARY MEDICINE PRACTICE ACT."
     6     "Vivisection."  The cutting of or operation on a living
     7  animal for physical or pathological investigation or animal
     8  experimentation.
     9     "Wild" or "semiwild animal."  A domestic animal which is now
    10  or historically has been found in the wild, including, but not
    11  limited to, bison, deer, elk, llamas or any species of foreign
    12  or domestic cattle, such as ankole, gayal and yak.
    13     Section 2.  Section 200(a), (b), (e) and (f) of the act,
    14  added December 11, 1996 (P.L.943, No.151), are amended and the
    15  section is amended by adding subsections to read:
    16  Section 200.  Issuance of dog licenses; compensation; proof
    17                 required; deposit of funds; records; license
    18                 sales; rules and regulations; failure to comply;
    19                 unlawful acts; penalty.
    20     (a)  Issuance of dog licenses.--
    21         (1)  The county treasurer shall be an agent and shall
    22     process applications for dog license certificates and issue
    23     dog license certificates and tags.
    24         (1.1)  The county treasurer shall be permitted and may
    25     permit agents to issue vanity or collector tags that are
    26     approved by the department, in addition to the license.
    27         (2)  The county treasurer may authorize [district
    28     justices] magisterial district judges to be agents and to
    29     process applications for dog license certificates and to
    30     issue dog license certificates and tags.
    20080H2525B4524                 - 12 -     

     1         (3)  The county treasurer may authorize other agents
     2     within the county to process dog license certificates and to
     3     issue dog license certificates and tags. At least half of the
     4     agents appointed in each county shall have hours of operation
     5     after 5 p.m. at least one weekday and shall be open at least
     6     one day of each weekend. Agents who have been appointed by
     7     their respective county treasurers under this paragraph shall
     8     meet bonding requirements as their respective county
     9     treasurers may require.
    10         (4)  The secretary shall have the authority, after a
    11     review of the agents appointed by a county treasurer, to
    12     appoint agents within each county to process dog license
    13     certificates and to issue dog license certificates and tags.
    14     Priority shall be given to licensed doctors of veterinary
    15     medicine and kennels licensed under this act. At least half
    16     of the agents appointed in each county shall have hours of
    17     operation after 5 p.m. at least one weekday and shall be open
    18     at least one day of each weekend. Agents appointed by the
    19     secretary under this paragraph shall be required to post a
    20     bond or other security instrument in a form satisfactory to
    21     the secretary in an amount he determines. The secretary may
    22     recall the appointment of any agent at any time.
    23         (5)  Agents who have been appointed by their respective
    24     county treasurers prior to the effective date of this section
    25     may continue to act as agents for the county treasurers under
    26     such bonding requirements as the county treasurer may
    27     require.
    28     (b)  Compensation.--For services rendered in collecting and
    29  paying over dog license fees, agents, for as long as they
    30  continue to act in that capacity, may collect and retain a sum
    20080H2525B4524                 - 13 -     

     1  [of] equal to the cost of a postage stamp plus $1 for each dog
     2  license sold, which amount shall be full compensation for
     3  services rendered by them under this act. The compensation shall
     4  be retained by the respective agents and shall cover, among
     5  other things, the cost of processing and issuing dog licenses,
     6  postage, mailing, returns and bonding of the agents. A [district
     7  justice] magisterial district judge authorized by the county
     8  treasurer to process applications for dog license certificates
     9  and issue dog license certificates [and tags] is not authorized
    10  to collect compensation under this subsection. Agents under
    11  subsection (a)(3) and (5) shall collect an additional 50¢ which
    12  shall be remitted to the county treasurer, for the use of the
    13  county, in the same manner as records are forwarded under
    14  subsection (e).
    15     (b.1)  Mailings.--Advertisements, promotions, requests for
    16  donations, solicitations and other materials may not add to the
    17  cost of postage to be paid by the department and may not be
    18  directly attached to a dog license application, dog license
    19  renewal notice or other dog law document. Dog license mailings,
    20  renewals and other notices related to State dog licenses shall
    21  not contain any extraneous advertising, promotions, requests for
    22  donations, solicitations or other materials unless the
    23  advertisement, promotion, request for donation, solicitations or
    24  other materials have met one of the following conditions:
    25         (1)  They have been previously approved in writing by the
    26     department.
    27         (2)  They each contain a disclaimer stating that, "The
    28     solicitation or request for a donation herein is not for a
    29     program sponsored by, funded by or endorsed by the
    30     Pennsylvania Department of Agriculture (the Department). The
    20080H2525B4524                 - 14 -     

     1     Department takes no responsibility for this program.
     2     Participation in this program is voluntary, is not a
     3     condition of receiving a dog license and does not change the
     4     cost of obtaining a dog license. Any donation will be
     5     deposited into an account separate from the account for dog
     6     license revenues."
     7     * * *
     8     (e)  Records.--Each agent shall keep on a printed form
     9  supplied by the department a correct and complete record of all
    10  dog licenses issued and, funds that are received or delinquent    <--
    11  AND UNCOLLECTED FUNDS THAT HAVE BEEN SUBTRACTED FROM THE MONEY    <--
    12  FORWARDED TO THE SECRETARY. The records shall be available at
    13  reasonable hours for inspection by any employee of the
    14  department charged with the enforcement of this act or any
    15  representative of the Department of Auditor General or Office of
    16  Attorney General. Within five days following the first day of
    17  each month, each agent shall forward to the secretary and to the
    18  county treasurer of the county in which the agent is situated,
    19  on forms supplied by the department, a complete report of dog
    20  licenses issued, in correct numerical sequence. All money
    21  collected from the sale of dog licenses, less compensation if
    22  collected, and any other information required by the secretary
    23  shall be forwarded to the secretary with the report.
    24     (e.1)  Electronic records.--Within THE LATER OF 180 days of    <--
    25  the effective date of this section, each OR 60 DAYS AFTER THE     <--
    26  COUNTY TREASURER HAS THE CAPABILITY TO SUBMIT AN ELECTRONIC FILE
    27  OF LICENSE HOLDERS, THE county treasurer shall submit to the
    28  secretary an electronic data file of license holders. The county
    29  treasurer shall monthly update the data file and submit the
    30  updated file monthly to reflect all new applicants.
    20080H2525B4524                 - 15 -     

     1     (f)  License sales.--Each agent shall process applications
     2  and issue dog license certificates on a year-round basis.
     3  Nothing in this act shall permit an agent while acting in that
     4  capacity to suspend license sales during any time. If checks are
     5  returned for delinquent funds or the proper dog license fee is
     6  not collected for any reason AND IF THESE FUNDS HAVE BEEN         <--
     7  SUBTRACTED FROM THE MONEY FORWARDED TO THE SECRETARY, the agent
     8  shall report the delinquency to the department on a form
     9  supplied by the department.
    10     * * *
    11     Section 3.  Sections 201, 202 and 206 of the act, amended
    12  December 11, 1996 (P.L.943, No.151), are amended to read:
    13  Section 201.  Applications for dog licenses; fees; penalties.
    14     (a)  General rule.--Except as provided in subsection (b), on
    15  or before January 1 of each year, [unless and until the
    16  department promulgates regulations establishing a system of dog
    17  license renewal on an annual basis throughout the calendar
    18  year,] the owner of any dog, three months of age or older,
    19  except as hereinafter provided, shall apply to the county
    20  treasurer of his respective county or an agent under section
    21  200(a), on a form prescribed by the department for [a] the
    22  appropriate license for [such] the dog. The application and
    23  license certificate shall state the breed, sex, age, color and
    24  markings of [such] the dog, the name, address and telephone
    25  number of the owner and the year of licensure. The application
    26  shall be accompanied by the appropriate license fee as follows:
    27         (1)  For each neutered male dog and for each spayed
    28     female dog for which the certificate of a licensed doctor of
    29     veterinary medicine or the affidavit of the owner is
    30     produced, the license fee shall be $5.
    20080H2525B4524                 - 16 -     

     1         (2)  For all other male and female dogs, the license fee
     2     shall be $7.
     3         (3)  For Pennsylvania residents 65 years of age or older
     4     and persons with disabilities:
     5             (i)  For each neutered male dog and for each spayed
     6         female dog for which the certificate of a licensed doctor
     7         of veterinary medicine or the affidavit of the owner is
     8         produced, the license fee shall be $3.
     9             (ii)  For all other male and female dogs, the license
    10         fee shall be $5.
    11         (4)  Compensation, if collected under section 200(b),
    12     shall also be paid by all applicants, regardless of age or
    13     disability.
    14         (5)  All additional costs of a vanity or collector tag
    15     issued under this subsection shall be in addition to the
    16     required license fee under this section. The additional cost
    17     shall be distributed equally between the county treasurer
    18     that issued the license and the Dog Law Restricted Account. A
    19     vanity or collector tag shall not be issued without approval
    20     of the department.
    21     (b)  Lifetime license.--The owner of any dog three months of
    22  age or older which has been permanently identified may apply to
    23  the county treasurer of his respective county or an agent under
    24  section 200(a), on a form prescribed by the department for a
    25  lifetime license for such a dog. Except as otherwise provided in
    26  this act, a dog which has been issued a lifetime license shall
    27  be required to wear a license tag. The application and license
    28  certificate shall state the breed, sex, age, color and markings
    29  of such dog, the type and number of permanent identification and
    30  the name, address and telephone number of the owner. The
    20080H2525B4524                 - 17 -     

     1  application shall be accompanied by the appropriate license fee
     2  as follows:
     3         (1)  For each neutered male dog and for each spayed
     4     female dog for which the certificate of a licensed doctor of
     5     veterinary medicine or the affidavit of the owner is
     6     produced, the lifetime license fee shall be $30.
     7         (2)  For all other male and female dogs, the license fee
     8     shall be $50.
     9         (3)  For Pennsylvania residents 65 years of age or older
    10     and persons with disabilities:
    11             (i)  For each neutered male dog and for each spayed
    12         female dog for which the certificate of a licensed doctor
    13         of veterinary medicine or the affidavit of the owner is
    14         produced, the license fee shall be $20.
    15             (ii)  For all other male and female dogs, the license
    16         fee shall be $30.
    17         (4)  Compensation, if collected under section 200(b),
    18     shall also be paid by all applicants, regardless of age or
    19     disability. A dog which has been issued a lifetime license
    20     prior to the effective date of this act shall not be subject
    21     to fees under this subsection.
    22         (5)  A dog which has been issued a lifetime license prior  <--
    23     to the effective date of this paragraph shall not be subject
    24     to fees under this subsection.
    25         (6) (5)  All additional costs of a vanity or collector     <--
    26     tag issued under this subsection shall be charged in addition
    27     to the fees under this section. The additional cost shall be
    28     distributed equally between the county treasurer that issued
    29     the tag and the Dog Law Restricted Account. A vanity or
    30     collector tag shall not be issued without approval of the
    20080H2525B4524                 - 18 -     

     1     department.
     2     (c)  Penalty.--A person who violates this section commits a
     3  summary offense and, upon conviction, shall be sentenced to pay
     4  a fine of not less than [$25] $50 nor more than $300 for each
     5  unlicensed dog. Fraudulent statements, including those related
     6  to the breed of the dog, failure to pay the appropriate fee, or
     7  failure to update records, including address and contact
     8  information, within 120 days of moving, constitute a violation.
     9  The burden of proof shall be the same as under section 802.
    10  Section 202.  License certificates; tag removal; exclusion for
    11                 some dogs.
    12     (a)  General rule.--Each dog license certificate shall be
    13  dated and numbered, and shall bear the name of the county where
    14  such license is issued and any other information required
    15  pursuant to regulations promulgated by the department. All dog
    16  licenses except lifetime licenses as provided in section 201(b)
    17  shall expire upon December 31 of the year for which the license
    18  was issued [unless and until the department promulgates
    19  regulations establishing a system of dog license renewal on an
    20  annual basis throughout the calendar year]. A tag bearing the
    21  same number issued with the license certificate shall be affixed
    22  to a substantial collar or harness. The collar or harness shall
    23  be furnished by the owner, and, with the tag attached, shall at
    24  all times be kept on the dog for which the license is issued,
    25  except as otherwise provided in this act. [Dogs which are
    26  confined or are actively engaged in shows, obedience or field
    27  trials are excluded from wearing a current license tag on a
    28  collar or harness, as long as a current tag is in the possession
    29  of the owner or handler for each dog.] It shall be unlawful for
    30  any person, except the owner or his authorized agent, or a State
    20080H2525B4524                 - 19 -     

     1  dog warden, to remove any license tag from a dog's collar or
     2  harness or to remove any collar or harness with a license tag
     3  attached thereto from any dog, except as provided in [the act of
     4  June 3, 1937 (P.L.1225, No.316), known as "The Game Law,"] 34
     5  Pa.C.S. (relating to game), and except as herein or otherwise
     6  provided.
     7     (b)  Exception.--The following need not wear a license tag on
     8  a collar or a harness:
     9         (1)  Dogs when confined.
    10         (1.1)  Dogs when restricted to the property of a kennel
    11     licensed under this act.
    12         (2)  Dogs when being transported for law enforcement.
    13         (3)  Dogs when being transported to or from a veterinary
    14     office pursuant to an order of the secretary for humane
    15     purposes.
    16         (4)  Dogs which are confined to the property of the owner
    17     or when training for or engaging in dog shows, performance
    18     events or hunting activities, and dogs while being
    19     transported by or on behalf of their owner or keeper to or
    20     from the location at which they train or engage in dog shows,
    21     PERFORMANCE events or hunting activities as long as a copy of  <--
    22     the kennel license or individual dog license or tag is in
    23     possession of the owner or keeper accompanying each dog.
    24  Section 206.  Kennels.
    25     (a)  Applications, kennel license classifications and fees.--
    26  Any person who is a dealer or keeps or operates a [Class I,       <--
    27  Class II, Class III, Class IV or Class V Kennel, Boarding Kennel
    28  Class I, Boarding Kennel Class II, Boarding Kennel Class III or
    29  nonprofit] kennel shall, on or before January 1 of each year,
    30  apply to the department for a kennel license. Kennels shall be
    20080H2525B4524                 - 20 -     

     1  classified by type and the fee for the license shall be
     2  determined by the kennel type, the number of dogs housed, kept,
     3  harbored, boarded, sheltered, sold, given away or transferred in
     4  or by the kennel. The application forms and kennel licenses
     5  shall be as designated by the secretary. A separate license
     6  shall be required for each type of kennel and every location at
     7  which a kennel is kept or operated. A kennel license is required
     8  to keep or operate any [establishment that keeps, harbors,
     9  boards, shelters, sells, gives away or in any way transfers a
    10  cumulative total of 26 or more dogs of any age in any one
    11  calendar year] kennel. All kennel licenses shall expire on
    12  December 31. When two or more licensed kennels are operated by
    13  the same person at the same location, each kennel shall be
    14  inspected and licensed [for each use.] as required by law.
    15     Dealer License.                                                <--
    16     A dealer, residing in this Commonwealth or an out-of-state
    17  dealer, who sells, exchanges, negotiates, barters, gives away or
    18  solicits the sale, resale, exchange or transfer of a dog in this
    19  Commonwealth for the purpose of transferring ownership or
    20  possession to a third party shall obtain a dealer license from
    21  the department, which shall be applied for and may be renewed.
    22     Kennel Class I.
    23     To keep or operate a private kennel, pet shop-kennel,
    24  research kennel, rescue network kennel, dealer kennel or
    25  [breeding] kennel for a [cumulative] total of 50 dogs or less of
    26  any age during a calendar year - $75 per year.
    27     Kennel Class II.
    28     To keep or operate a private kennel, pet-shop kennel,
    29  research kennel, rescue network kennel, dealer kennel or
    30  [breeding] kennel for a [cumulative] total of 51 to 100 dogs of
    20080H2525B4524                 - 21 -     

     1  any age during a calendar year - $200 per year.
     2     Kennel Class III
     3     To keep or operate a private kennel, pet shop-kennel,
     4  research kennel, rescue network kennel, dealer kennel or
     5  [breeding] kennel for a [cumulative] total of 101 to 150 dogs of
     6  any age during a calendar year - $300 per year.
     7     Kennel Class IV
     8     To keep or operate a private kennel, pet shop-kennel,
     9  research kennel, rescue network kennel, dealer kennel or
    10  [breeding] kennel for a [cumulative] total of 151 to 250 dogs of
    11  any age during a calendar year - $400 per year.
    12     Kennel Class V
    13     To keep or operate a private kennel, pet shop-kennel,
    14  research kennel, rescue network kennel, dealer kennel or
    15  [breeding] kennel for a [cumulative] total of 251 [or more] to
    16  500 dogs of any age during a calendar year - $500 per year.
    17     Kennel Class VI
    18     To keep or operate a private kennel, pet shop-kennel,
    19  research kennel, rescue network kennel, kennel or dealer kennel
    20  for a total of more than 500 dogs of any age during a calendar
    21  year - $750 per year.
    22     Boarding Kennel Class I
    23     To keep or operate a boarding kennel having the capacity to
    24  accommodate a total of 1 to 10 dogs at any time during a
    25  calendar year - $100 per year.
    26     Boarding Kennel Class II
    27     To keep or operate a boarding kennel having the capacity to
    28  accommodate a total of 11 to 25 dogs at any time during a
    29  calendar year - $150 per year.
    30     Boarding Kennel Class III
    20080H2525B4524                 - 22 -     

     1     To keep or operate a boarding kennel having the capacity to
     2  accommodate 26 or more dogs at any time during a calendar year -
     3  $250 per year.
     4     Nonprofit Kennel [- $25 per year.]
     5     To keep or operate a nonprofit kennel - $25 per year.
     6     Kennel Class C-I
     7     To keep or operate a commercial kennel for a total of 50 dogs
     8  or less of any age during a calendar year - $75 per year.
     9     Kennel Class C-II
    10     To keep or operate a commercial kennel for a total of 51 to
    11  100 dogs of any age during a calendar year - $200 per year.
    12     Kennel Class C-III
    13     To keep or operate a commercial kennel for a total of 101 to
    14  150 dogs of any age during a calendar year - $300 per year.
    15     Kennel Class C-IV
    16     To keep or operate a commercial kennel for a total of 151 to
    17  250 dogs of any age during a calendar year - $400 per year.
    18     Kennel Class C-V
    19     To keep or operate a commercial kennel for a total of 251 to
    20  500 dogs of any age during a calendar year - $500 per year.
    21     Kennel Class C-VI
    22     To keep or operate a commercial kennel for a total of more
    23  than 500 dogs of any age during a calendar year - $750 per year.
    24     (b)  Nonprofit kennels.--A nonprofit kennel shall apply for a
    25  nonprofit kennel license. Such kennel may use its own
    26  identification tags for dogs confined therein. The secretary may
    27  approve, upon application, the removal of tags from licensed
    28  dogs confined therein. A rescue network kennel may be a
    29  nonprofit kennel if it meets the definition of nonprofit kennel.
    30     (d)  Issuance of tags.--The department shall issue the number
    20080H2525B4524                 - 23 -     

     1  of tags equal to the number of dogs three months of age or
     2  older, or a lesser number as determined by the kennel owner's
     3  needs, approved by the secretary to be kept in a kennel
     4  described under this section. All tags shall bear the name of
     5  the county where they are issued, the kennel license number and
     6  any other information required by the secretary through
     7  regulations. The tags shall be utilized and displayed as set
     8  forth in section 207(d).
     9     (e)  Kennel [removed to another county] closing, changing
    10  name or moving to another location.--If a person that keeps or
    11  operates a kennel [permanently removes the kennel to another
    12  county] closes, changes its name or moves to another location,
    13  the person shall file an application with the secretary [to
    14  transfer the license to the county of removal] notifying the
    15  secretary of the move, closure, transfer or change of name. Upon
    16  approval by the secretary, which shall require an inspection and
    17  approval of the new facility, the kennel license [shall] may be
    18  allowed to remain in effect until [it has expired pursuant to
    19  this section.] the end of the calendar year at which time it
    20  shall be renewed in accordance with this act. If a kennel is
    21  closing, the secretary must SHALL conduct a post-closure          <--
    22  inspection.
    23     (f)  Adequacy of fees.--On or before July 1[, 1998] of each
    24  year, the department shall submit a report to the chairperson
    25  and minority chairperson of the Agriculture and Rural Affairs
    26  Committee of the Senate and the chairperson and minority
    27  chairperson of the Agriculture and Rural Affairs Committee of
    28  the House of Representatives comparing the expenses incurred by
    29  the department for enforcing this act with regard to kennels and
    30  the revenues received by the department in accordance with this
    20080H2525B4524                 - 24 -     

     1  section.
     2     Section 4.  Section 207(a.1), (c) and (d) of the act, amended
     3  December 11, 1996 (P.L.943, No.151), are amended and the section
     4  is amended by adding subsections to read:
     5  Section 207.  Requirements for kennels.
     6     (a.1)  Prohibition to operate; injunction; fines.--
     7         (1)  It shall be unlawful for kennels described under
     8     section 206 to operate without first obtaining a kennel
     9     license from the department.
    10         (2)  The secretary shall not approve any kennel license
    11     application unless such kennel has been inspected and
    12     approved by a State dog warden or employee of the department.
    13         (3)  The secretary may file a suit in equity in the
    14     Commonwealth Court to enjoin the operation of any kennel that
    15     violates any of the provisions of this act. [In addition, the
    16     secretary may seek in such suit the imposition of a fine for
    17     every day in violation of this act for an amount not less
    18     than $100 nor more than $500 per day.]
    19         (4)  It shall be no defense to any civil penalty or
    20     criminal prosecution under this act that a person operating a
    21     kennel failed to properly obtain the appropriate license.
    22         (5)  A kennel operator that is applying for a different
    23     license because of an increase in the total number of dogs or
    24     due to birth of additional dogs in the kennel during a
    25     calendar year shall not be in violation provided the
    26     application is filed within seven days of the increase.
    27     (a.2)  Civil penalties and remedies.--The following shall
    28  apply to civil penalties and remedies for unlicensed kennels:
    29         (1)  In addition to proceeding under any other remedy
    30     available at law or in equity for a violation of a provision
    20080H2525B4524                 - 25 -     

     1     of this act or a rule or regulation adopted or order issued
     2     under this act, the secretary may assess a civil penalty, in
     3     addition to any penalty under section 903(c), against an
     4     unlicensed kennel of not less than $500 nor more than $1,000
     5     for each day it operates in violation of this act. The
     6     penalty shall be premised on the gravity and willfulness of
     7     the violation, the potential harm to the health and safety of
     8     the animals and the public, previous violations and the
     9     economic benefit to the violator for failing to comply with
    10     this act.
    11         (2)  In cases of inability to collect the civil penalty
    12     or failure of a person to pay all or a portion of the
    13     penalty, the secretary may refer the matter to the Office of
    14     Attorney General, which shall institute an action in the
    15     appropriate court to recover the penalty.
    16     (a.3)  Cease and desist order.--
    17         (1)  The secretary may provide a written order to cease
    18     and desist operating to an owner who is operating a kennel
    19     without a license. The order shall set forth the general
    20     factual and legal basis for the action and shall advise the
    21     affected person that within ten days of receipt of the order,
    22     he may file with the secretary a written request for an
    23     administrative hearing. Upon receiving a cease and desist      <--
    24     order, the unlicensed kennel shall immediately cease and
    25     desist from operating a kennel, including boarding, buying,
    26     exchanging, selling, offering for sale, giving away or in any
    27     way transferring dogs. The kennel shall divest of all dogs
    28     over 25 dogs, unless otherwise directed, within a reasonable
    29     time period determined by the department but not to exceed
    30     ten days. The department shall set forth the manner by which
    20080H2525B4524                 - 26 -     

     1     the kennel may divest of the dogs. That person shall be
     2     subject to the conditions established under paragraph (2).
     3     The order to cease and desist shall become a final order of
     4     the department upon expiration of the ten-day period for
     5     requesting an administrative hearing, unless a timely request
     6     has been filed with the department.
     7         (2)  An unlicensed kennel that has timely filed a request
     8     for an administrative hearing shall be allowed to operate
     9     under the conditions set forth under section 211(c)(3), (4),   <--
    10     (5), (6), (7), (8) and (9) 211(C)(2), (3) AND (4), and         <--
    11     removal of dogs may occur under section 211(d), (e) and (f).
    12         (2)  THE WRITTEN ORDER TO CEASE AND DESIST OPERATING       <--
    13     SHALL BE SERVED BY PERSONAL SERVICE OR BY REGISTERED OR
    14     CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE PERSON
    15     OPERATING THE UNLICENSED KENNEL OR A RESPONSIBLE EMPLOYEE OF
    16     SUCH A PERSON. THE ORDER TO CEASE AND DESIST SHALL BECOME A
    17     FINAL ORDER OF THE DEPARTMENT UPON EXPIRATION OF THE TEN-DAY
    18     PERIOD FOR REQUESTING AN ADMINISTRATIVE HEARING, UNLESS A
    19     TIMELY REQUEST HAS BEEN FILED WITH THE DEPARTMENT.
    20         (3)  A PERSON RECEIVING A WRITTEN CEASE AND DESIST ORDER
    21     SHALL, UPON THE ORDER BECOMING FINAL, COMPLY WITH ALL OF THE
    22     FOLLOWING:
    23             (I)  IMMEDIATELY CEASE AND DESIST FROM OPERATING A
    24         KENNEL, INCLUDING BOARDING, BUYING, EXCHANGING, SELLING,
    25         OFFERING FOR SALE, GIVING AWAY OR IN ANY WAY TRANSFERRING
    26         DOGS.
    27             (II)  ACQUIRE NO ADDITIONAL DOGS NOR INCREASE THE
    28         NUMBER OF DOGS IN THE KENNEL BY ANY MEANS, INCLUDING
    29         BREEDING. THIS SUBPARAGRAPH DOES NOT APPLY TO AN
    30         ACQUISITION OR INCREASE BY BIRTH OF PUPPIES FROM A MOTHER
    20080H2525B4524                 - 27 -     

     1         WHICH, AT THE TIME OF THE ORDER, WAS:
     2                 (A)  ON THE PROPERTY;
     3                 (B)  PREGNANT; AND
     4                 (C)  OWNED BY THE KENNEL OR THE KENNEL OWNER.
     5             (III)  NOTIFY THE DEPARTMENT PRIOR TO THE
     6         EUTHANIZATION OF ANY DOG. NO DOG MAY BE EUTHANIZED UNLESS
     7         IT IS DETERMINED BY A VETERINARIAN THAT THE EUTHANASIA
     8         WILL PREVENT THE DOG FROM SUFFERING CAUSED BY A MEDICAL
     9         CONDITION. IF A VETERINARIAN DETERMINES A DOG SHOULD BE
    10         EUTHANIZED, A COPY OF THE VETERINARIAN'S FINDINGS, SIGNED
    11         BY THE VETERINARIAN, MUST BE PROVIDED TO THE DEPARTMENT.
    12         THE PROVISIONS OF THIS SUBPARAGRAPH DO NOT APPLY TO AN
    13         EMERGENCY SITUATION IF IT IS DEEMED BY THE VETERINARIAN
    14         THAT IMMEDIATE EUTHANASIA IS NECESSARY TO RELIEVE THE
    15         SUFFERING OF THE DOG. FOLLOWING EUTHANASIA IN AN
    16         EMERGENCY SITUATION, A COPY OF THE VETERINARIAN'S FINDING
    17         MUST BE SIGNED BY THE VETERINARIAN AND PROVIDED TO THE
    18         DEPARTMENT.
    19             (IV)  PERMIT STATE DOG WARDENS TO INSPECT THE KENNEL
    20         WITHOUT A WARRANT IN ORDER TO DETERMINE COMPLIANCE WITH
    21         THE DEPARTMENT'S ORDER, ANY RELEVANT COURT ORDER AND ANY
    22         PROVISION OF THIS ACT.
    23             (V)  DIVEST OF ALL DOGS NUMBERING OVER 25, UNLESS
    24         DIRECTED OTHERWISE BY THE DEPARTMENT ORDER, WITHIN A
    25         REASONABLE TIME PERIOD AS DETERMINED BY THE DEPARTMENT,
    26         BUT NOT TO EXCEED TEN DAYS. THE DEPARTMENT'S ORDER SHALL
    27         SET FORTH THE MANNER BY WHICH THE KENNEL OWNER MAY DIVEST
    28         OF THE DOGS. IF THERE ARE MORE DOGS ON THE PREMISES THAN
    29         PERMITTED IN THE DEPARTMENT ORDER AFTER THE EXPIRATION OF
    30         THE TIME PERIOD SET FORTH IN THE ORDER, THE KENNEL MAY
    20080H2525B4524                 - 28 -     

     1         SELECT THE DOGS TO BE KEPT, UP TO THE NUMBER ALLOWED
     2         UNDER THIS SUBPARAGRAPH. THE DOGS NOT SELECTED SHALL BE
     3         FORFEITED TO THE ENTITY SET FORTH IN THE DEPARTMENT ORDER
     4         OR TO AN ENTITY APPROVED BY THE DEPARTMENT WITHOUT
     5         COMPENSATION TO THE OWNER.
     6         (4)  THE FOLLOWING APPLIES TO APPEALS:
     7             (I)  THIS PARAGRAPH APPLIES TO A PERSON WHO HAS
     8         RECEIVED A WRITTEN CEASE AND DESIST ORDER AND WHO:
     9                 (A)  HAS TIMELY FILED A REQUEST FOR AN
    10             ADMINISTRATIVE APPEAL; AND
    11                 (B)  WOULD REQUIRE A KENNEL LICENSE UNDER THIS
    12             ACT, PENDING THE EXHAUSTION OF ALL ADMINISTRATIVE
    13             APPEALS.
    14             (II)  A PERSON SUBJECT TO SUBPARAGRAPH (I) SHALL,
    15         DURING THE DURATION OF ALL ADMINISTRATIVE APPEALS AND
    16         THEREAFTER IF THE DEPARTMENT'S ACTION IS UPHELD, BE
    17         SUBJECT TO THE REQUIREMENTS SET FORTH IN PARAGRAPH
    18         (3)(I), (II), (III) AND (IV).
    19             (III)  WITHIN TEN DAYS AFTER THE EXHAUSTION OF AN
    20         ADMINISTRATIVE APPEAL UNDER SUBPARAGRAPH (I)(A) IN WHICH
    21         THE DEPARTMENT'S ACTION IS UPHELD, THE KENNEL SHALL
    22         REDUCE THE NUMBER OF DOGS UNDER PARAGRAPH (3)(V).
    23             (IV)  REMOVAL OF DOGS MAY OCCUR UNDER SECTION 211(D),
    24         (E) AND (F).
    25         (5)  FAILURE TO TAKE ACTION OR TO MEET THE CONDITIONS
    26     IMPOSED UNDER THIS SUBSECTION, IN ADDITION TO ANY OTHER
    27     PENALTIES ALLOWED UNDER THIS ACT, MAY RESULT IN IMPOSITION BY
    28     THE DEPARTMENT OF AN ADMINISTRATIVE PENALTY OF NOT LESS THAN
    29     $100 NOR MORE THAN $500 PER DAY FOR EACH VIOLATION. EACH DOG
    30     IN EXCESS OF THE NUMBER OF DOGS PERMITTED UNDER PARAGRAPH
    20080H2525B4524                 - 29 -     

     1     (3)(V) OR (4)(III) SHALL COUNT AS ONE VIOLATION.
     2         (6)  ANY VIOLATION OF THIS SUBSECTION SHALL CONSTITUTE A
     3     MISDEMEANOR OF THE THIRD DEGREE.
     4     * * *
     5     (c)  Records to be maintained.--Every keeper of a kennel
     6  shall keep, for two years, a record of each dog at any time kept
     7  in the kennel. Such record shall show:
     8         (1)  The breed, color, markings, sex and age of each dog.
     9         (2)  The date on which each dog entered the kennel.
    10         (3)  [From where it came] The full name and physical
    11     address at the time the dogs were received of the previous
    12     owner or kennel from whom the dog was received. This
    13     paragraph shall not apply to a boarding kennel.
    14         (4)  [To whom it belongs] The full name and physical
    15     address of the person or kennel to whom the dog belongs.
    16         (5)  For what purpose each dog is kept in the kennel.
    17         (6)  The date on which each dog leaves the kennel.
    18         (7)  How [and to whom it is dispensed.] the dog is
    19     dispensed. If the dog was transferred to another person or
    20     kennel, the record must state the full name and physical
    21     address of the person or kennel to whom the dog was
    22     dispensed.
    23         (8)  The name, address and telephone number of the
    24     licensed doctor of veterinary medicine used by the kennel.
    25  Such record shall be legible and shall be open to inspection and
    26  may be copied by any employee of the department, State dog
    27  warden or police officer as defined by this act.
    28     (c.1)  Nonprofit kennels.--All nonprofit kennels shall be
    29  required to keep all records required to be kept under this
    30  section, except that, in the case of a dog running at large, it
    20080H2525B4524                 - 30 -     

     1  shall not be a violation of subsection (c)(3) or (4) for the
     2  nonprofit kennel to list only the location from which a dog was
     3  retrieved if the information required to be maintained under
     4  subsection (c)(3) and (4) is unknown and not available to the
     5  nonprofit kennel.
     6     (d)  [Additional requirements] Tags.--Every holder of a
     7  kennel license shall attach one tag to a collar or harness of
     8  each dog three months old or older kept by that person, whenever
     9  the dog is not within the kennel except as provided for in
    10  [section 202.] sections 202 and 213. Dogs housed in rescue
    11  kennel network homes shall have and display the dealer's tag or
    12  rescue kennel network home's tag or individual dog license as
    13  provided in this section.
    14     (e)  Display of kennel license.--The following shall apply:
    15         (1)  A person operating a kennel required to be licensed
    16     under this act shall display, in a place conspicuous to
    17     persons authorized to enter, a current and valid kennel
    18     license certificate issued by the department. The kennel
    19     license certificate shall show all of the following:
    20             (i)  The year for which it was issued.
    21             (ii)  The kennel class and type.
    22             (iii)  The number of dogs allowed to be housed in
    23         that class of kennel per calendar year.
    24         (2)  Rescue network kennel homes associated with a dealer
    25     or rescue kennel network shall display a copy of the dealer's
    26     or the rescue kennel network's kennel license.
    27         (3)  If the secretary revokes or denies a kennel license,
    28     the department shall issue a notice of revocation or denial.
    29     The notice shall be posted in a place conspicuous to persons
    30     authorized to enter and approved by the department for a
    20080H2525B4524                 - 31 -     

     1     period of time as provided in this subsection. In the case of
     2     a revocation or denial of a kennel license, the kennel shall
     3     display the notice of revocation or denial until such time as
     4     the kennel has ceased to operate or as the department
     5     determines and sets forth in the order. In the case of an
     6     appeal of revocation or denial, the notice of revocation or
     7     denial shall remain posted until the final disposition of
     8     appeal or the department has reissued a valid kennel license.
     9         (4)  If the secretary finds a kennel operating without a
    10     license, the kennel, upon notice of violation or order, shall
    11     display a notice of violation issued by the department. The
    12     notice shall be posted in a place conspicuous to persons
    13     authorized to enter and approved by the department until the
    14     time as the kennel has ceased to operate or as the department
    15     determines and sets forth in the order or until such time as
    16     the kennel has come into compliance and the secretary has
    17     issued a valid kennel license.
    18         (5)  Failure to display a current and valid kennel
    19     license certificate or a notice of revocation, suspension or
    20     denial as provided in this subsection constitutes a violation
    21     of this act.
    22     (f)  (Reserved).
    23     (g)  Additional requirements for boarding kennels, nonprofit
    24  kennels and Kennel Class I through VI license holders.--The
    25  following shall apply to boarding kennels, nonprofit kennels and
    26  Kennel Class I through VI license holders:
    27         (1)  Kennels under this subsection must develop and
    28     follow an appropriate plan to provide dogs with the
    29     opportunity for exercise. The plan shall be approved by a
    30     veterinarian.
    20080H2525B4524                 - 32 -     

     1         (2)  All kennels for dogs shall be equipped with smoke
     2     alarms or fire extinguishers. Housing facilities shall be
     3     equipped with fire extinguishers on the premises. An indoor
     4     housing facility may have a sprinkler system.
     5     (h)  Additional requirements for Kennel Class C license
     6  holders only.--The following shall apply only to primary
     7  enclosures for all dogs in Kennel Class C kennels:
     8         (1)  Primary enclosures must be designed and constructed
     9     so that they are structurally sound and must be kept in good
    10     repair.
    11         (2)  Primary enclosures must meet the following
    12     requirements:
    13             (i)  Have no sharp points or edges that could injure
    14         the dogs.
    15             (ii)  Be maintained in a manner to protect the dogs
    16         from injury.
    17             (iii)  The height of a primary enclosure that is not
    18         fully enclosed on the top shall be sufficient to prevent
    19         the dog from climbing over the walls.
    20             (iv)  Keep animals other than dogs from entering the
    21         enclosure.
    22             (v)  Enable the dogs to remain dry and clean.
    23             (vi)  Provide shelter and protection from
    24         temperatures and weather conditions that may be
    25         uncomfortable or hazardous to any dog.
    26             (vii)  Provide sufficient space to shelter all the
    27         dogs housed in the primary enclosure at one time.
    28             (viii)  Provide potable water at all times, unless
    29         otherwise directed by a veterinarian in a writing that
    30         shall be kept in the kennel records.
    20080H2525B4524                 - 33 -     

     1             (ix)  Enable all surfaces in contact with the dogs to
     2         be readily cleaned and sanitized in accordance with
     3         paragraph (14) or be replaceable when worn or soiled.
     4             (x)  Have floors that are constructed in a manner
     5         that protects the dogs' feet and legs from injury. THE     <--
     6         FLOOR SHALL NOT PERMIT THE FEET OF A DOG HOUSED IN THE
     7         PRIMARY ENCLOSURE TO PASS THROUGH ANY OPENING.
     8             (xi)  Provide space to allow each dog to turn about
     9         freely, to stand, sit and lie in a comfortable and normal  <--
    10         position. The dog must be able to lie down while fully
    11         extended without the dog's head, tail, legs, face or feet
    12         touching any side of the enclosure.
    13             (xii)  The interior height of a primary enclosure
    14         shall be at least six inches higher than the head of the
    15         tallest dog in the enclosure when it is in a normal
    16         standing position.
    17         (3)  Each bitch with nursing puppies shall be provided
    18     with an additional amount of floor space, based on her breed
    19     and behavioral characteristics and in accordance with
    20     generally accepted husbandry practices as determined by the
    21     attending veterinarian. If the additional amount of floor
    22     space for each nursing puppy is less than 5% of the minimum
    23     requirement for the bitch, the amount of floor space must be
    24     approved in writing by the attending veterinarian and shall
    25     be kept in the kennel records.
    26         (4)  All dogs housed in the same primary enclosure must
    27     be compatible, as determined by observation. Not more than
    28     six adult dogs may be housed in the same primary enclosure.
    29     Bitches in heat may not be housed in the same primary
    30     enclosure with sexually mature males, except for breeding.
    20080H2525B4524                 - 34 -     

     1     Bitches with litters may not be housed in the same primary
     2     enclosure with other adult dogs, and puppies under 12 weeks
     3     of age may not be housed in the same primary enclosure with
     4     adult dogs, other than the dam or foster dam. Dogs with a      <--
     5     DISPLAYING vicious or aggressive disposition BEHAVIOR TOWARD   <--
     6     OTHER DOGS must be housed separately.
     7         (5)  A program of veterinary care shall be established     <--
     8     through consultation with a veterinarian and include a
     9         (4.1)  THE KENNEL IN WHICH THE PRIMARY ENCLOSURE IS        <--
    10     LOCATED SHALL ESTABLISH A VETERINARIAN-CLIENT-PATIENT
    11     RELATIONSHIP.
    12         (5)  THE KENNEL IN WHICH THE PRIMARY ENCLOSURE IS LOCATED
    13     SHALL ESTABLISH A WRITTEN PROGRAM OF VETERINARY CARE, WHICH
    14     SHALL INCLUDE A physical examination and vaccination
    15     schedule, a protocol for disease control and prevention, pest
    16     and parasite control, nutrition, emergency care and            <--
    17     euthanasia. A copy of the program shall be kept in the kennel
    18     records.
    19         (6)  Housing facilities for dogs must be sufficiently
    20     heated and cooled to protect the dogs from temperature or
    21     humidity extremes and to provide for their health and well-
    22     being. If dogs are present, the ambient temperature in the
    23     facility must not fall below 50 degrees F. The ambient
    24     temperature must not rise above 85 degrees F when dogs are
    25     present. The requirements under this paragraph are in          <--
    26     addition to all other requirements pertaining to climatic
    27     conditions in this chapter. PRESENT, UNLESS THE REQUIREMENTS   <--
    28     OF PARAGRAPH (7) ARE MET.
    29         (7)  Housing facilities for dogs must be sufficiently
    30     ventilated at all times when dogs are present to provide for
    20080H2525B4524                 - 35 -     

     1     their health and well-being and to minimize odors, drafts,
     2     ammonia levels and to prevent moisture condensation.
     3     Ventilation must be provided by windows, vents, fans or air    <--
     4     conditioning. Auxiliary ventilation or air conditioning must
     5     be provided when the ambient temperature is 85 degrees F or
     6     higher. THE CANINE HEALTH BOARD SHALL DETERMINE AUXILIARY      <--
     7     VENTILATION TO BE PROVIDED IF THE AMBIENT AIR TEMPERATURE IS
     8     85 DEGREES F OR HIGHER. The relative humidity must be
     9     maintained at a level that ensures the health and well-being
    10     of the dogs housed therein. The ventilation must meet the      <--
    11     minimum air flow required for control of moisture
    12     condensation under severe conditions. The ventilation in the
    13     building shall provide at least six air changes per hour and
    14     be in accordance with the written directions of a
    15     veterinarian and generally accepted professional and
    16     husbandry practices, if such written directions and practices
    17     prescribe an air change rate greater than six changes per
    18     hour. The building must include ventilation to assure dry
    19     kennel floors during cold weather. The ventilation
    20     requirements may be achieved through design of the building
    21     shell and natural air flow or by means of auxiliary air
    22     movement systems. Where auxiliary air movement systems are
    23     required or utilized to achieve the required air exchanges,
    24     the kennel must still have doors and windows which can be
    25     opened to allow air flow in the event of a system
    26     malfunction. THE APPROPRIATE VENTILATION, HUMIDITY AND         <--
    27     AMMONIA RANGES SHALL BE DETERMINED BY THE CANINE HEALTH
    28     BOARD.
    29         (8)  Housing facilities for dogs must be lighted well
    30     enough to permit routine inspection and cleaning of the
    20080H2525B4524                 - 36 -     

     1     facility and observation of the dogs. Animal areas must be
     2     provided a regular diurnal lighting cycle of either natural
     3     or artificial light. Lighting must be uniformly diffused
     4     throughout housing facilities and provide sufficient
     5     illumination to aid in maintaining good housekeeping
     6     practices, adequate cleaning, adequate inspection of animals,  <--
     7     OBSERVATION OF ANIMALS AT ANY TIME and for the well-being of   <--
     8     the animals. Primary enclosures must be placed so as to
     9     protect the dogs from excessive light. Lighting in an indoor   <--
    10     facility must be at least 10 foot-candles of light. At least
    11     50 foot-candles of light must be provided in all bathing,
    12     grooming and toilet areas and 30 foot-candles of light shall
    13     be provided in support buildings, including food preparation
    14     and storage areas. The lighting in a housing facility must be
    15     sufficient to allow observation of the physical condition of
    16     the dogs at night. Lighting may not be achieved through open
    17     flame. THE APPROPRIATE LIGHTING RANGES SHALL BE DETERMINED BY  <--
    18     THE CANINE HEALTH BOARD.
    19         (9)  The floors and walls of primary enclosures must be
    20     impervious to moisture. The ceilings of indoor housing
    21     facilities must be impervious to moisture or be replaceable.
    22         (10)  All dogs must be provided with adequate food that
    23     is clean and free from contaminants.
    24         (11)  All dogs must be removed from the primary enclosure
    25     when the primary enclosure is cleaned in accordance with
    26     paragraph (14)(iv).
    27         (12)  Primary enclosures may not be stacked more than two
    28     rows high and the bottom of the uppermost primary enclosure
    29     may not be more than four and one-half feet off the housing
    30     facility floor. Where the primary enclosures are stacked a
    20080H2525B4524                 - 37 -     

     1     tray or other department-approved device which will prevent
     2     urine, feces and other debris from passing into or being
     3     discharged into the underlying primary enclosure shall be
     4     placed under the upper primary enclosures. The tray or
     5     approved device must be impermeable to water and capable of
     6     being easily sanitized.
     7         (13)  All kennels shall be equipped with a smoke alarm
     8     and shall have a means of fire suppression, such as fire
     9     extinguishers or a sprinkler system on the premises.
    10         (14)  The following shall apply:
    11             (i)  Excreta, feces, hair, dirt, debris and food
    12         waste must be removed from primary enclosures at least
    13         daily or more often if necessary to prevent an
    14         accumulation of excreta, feces, hair, dirt, debris and
    15         food waste to prevent soiling of dogs contained in the
    16         primary enclosures and to reduce disease hazards,
    17         insects, pests and odors.
    18             (ii)  Used primary enclosures and food and water
    19         receptacles must be cleaned and sanitized in accordance
    20         with this section before they can be used to house, feed
    21         or water another dog, or grouping of dogs.
    22             (iii)  Used primary enclosures and food and water
    23         receptacles for dogs must be sanitized at least once
    24         every two weeks using one of the methods under
    25         subparagraph (iv) and more often if necessary to prevent
    26         an accumulation of excreta, feces, hair, dirt, debris,
    27         food waste and other disease hazards.
    28             (iv)  Hard surfaces of primary enclosures and food
    29         and water receptacles must be sanitized using one of the
    30         following methods:
    20080H2525B4524                 - 38 -     

     1                 (A)  Live steam under pressure.
     2                 (B)  Washing with water with a temperature of at
     3             least 180 degrees F and soap or detergent, as with a
     4             mechanical cage washer.
     5                 (C)  Washing all soiled surfaces with appropriate
     6             detergent solutions and disinfectant or by using a
     7             combination detergent or disinfection product that
     8             accomplishes the same purpose with a thorough
     9             cleaning of the surfaces to remove excreta, feces,
    10             hair, dirt, debris and food waste so as to remove all
    11             organic material and mineral buildup and to provide
    12             sanitization followed by a clean water rinse.
    13             (v)  Primary enclosures, exercise areas and housing
    14         facilities using material that cannot be sanitized using
    15         the methods under subparagraph (iv) must be made sanitary
    16         by removing the contaminated material as necessary to
    17         prevent odors, diseases, pests, insects and vermin
    18         infestation.
    19             (vi)  Premises where primary enclosures are located,
    20         including buildings and surrounding grounds, must be kept
    21         clean and in good repair to protect the animals from
    22         injury, to facilitate the husbandry practices required in
    23         this act and to reduce or eliminate breeding and living
    24         areas for rodents and other pests and vermin. Premises
    25         must be kept free of accumulations of trash, junk, waste
    26         products, and discarded matter. Weeds, grasses and bushes
    27         must be controlled so as to facilitate cleaning of the
    28         premises and pest control and to protect the health and
    29         well-being of the animals.
    30             (vii)  An effective program for the control of
    20080H2525B4524                 - 39 -     

     1         insects, external parasites affecting dogs or that are
     2         pests must be established and maintained so as to promote
     3         the health and well-being of the dogs and reduce
     4         contamination by pests in housing facilities.
     5         (15)  All dogs in a kennel shall have affixed to the       <--
     6     front of the primary enclosure documentation that contains
     7         (15)  FOR EACH DOG IN A KENNEL, A PERMANENT RECORD SHALL   <--
     8     BE KEPT AND MADE READILY AVAILABLE FOR INSPECTION. THE RECORD
     9     SHALL CONTAIN all of the following information:
    10             (i)  The date of birth of the dog.
    11             (ii)  The date of the last rabies vaccination.
    12             (iii)  The date of the dog's last veterinarian check.
    13         (16)  All veterinarian records shall be kept for two
    14     years after the dog has left the care of the facility.
    15         (17)  Notwithstanding any law, a dog may not be
    16     euthanized except by a veterinarian.
    17         (18)  ALL LAWS AND REGULATIONS PERTAINING TO KENNEL        <--
    18     CONDITIONS ENFORCED PRIOR TO THE EFFECTIVE DATE OF THIS
    19     PARAGRAPH SHALL REMAIN IN FORCE UNTIL THE EFFECTIVE DATE OF
    20     THE REMAINDER OF THIS SUBSECTION OR OF THE PERIOD OF TIME      <--
    21     ESTABLISHED BY A WAIVER UNDER SUBSECTION (J), WHICHEVER IS
    22     LONGER. THIS PARAGRAPH SHALL NOT APPLY TO PARAGRAPH (17).
    23     (i)  Additional requirements for Kennel Class C license
    24  holders only.--The following shall apply only to dogs over 12
    25  weeks of age in Kennel Class C kennels:
    26         (1)  A dog housed in a primary enclosure must be provided
    27     a minimum amount of floor space in the primary enclosure,
    28     calculated as provided under this subparagraph: Find the
    29     mathematical square of the sum of the length of the dog in
    30     inches, measured IN A STRAIGHT LINE from the tip of its nose   <--
    20080H2525B4524                 - 40 -     

     1     to the base of its tail, plus six inches, then divide the
     2     product by 144, then multiply by 2. The calculation is:
     3     (length of dog in inches + 6)(length of dog in inches + 6) =
     4     required floor space in square inches. Required floor space
     5     in inches/144 x 2 = required floor space in square feet. For
     6     the second dog placed in the primary enclosure the minimum
     7     floor space shall be doubled. The floor space shall be
     8     calculated using the longest dog. For each dog above two, the
     9     minimum floor space shall be multiplied by 1.5 per additional
    10     dog.
    11         (2)  Primary enclosures must be placed no higher than 12   <--
    12     30 inches above the floor of the housing facility and may not  <--
    13     be placed OVER or stacked on top of another cage or primary    <--
    14     enclosure.
    15         (3)  The floor of any primary enclosure must be solid and  <--
    16     strong enough so that the floor does not sag or bend between
    17     the structural supports.
    18         (3)  (I)  THE FLOOR OF THE PRIMARY ENCLOSURE SHALL BE      <--
    19         STRONG ENOUGH SO THAT THE FLOOR DOES NOT SAG OR BEND
    20         BETWEEN THE STRUCTURAL SUPPORTS, SHALL NOT BE ABLE TO BE
    21         DESTROYED THROUGH DIGGING OR CHEWING BY THE DOGS HOUSED
    22         IN THE PRIMARY ENCLOSURE, SHALL NOT PERMIT THE FEET OF
    23         ANY DOG HOUSED IN THE PRIMARY ENCLOSURE TO PASS THROUGH
    24         ANY OPENING, SHALL NOT BE METAL STRAND WHETHER OR NOT IT
    25         IS COATED, SHALL ALLOW FOR MODERATE DRAINAGE OF FLUIDS     <--
    26         AND SHALL NOT BE SLOPED MORE THAN 0.25 INCHES PER FOOT.
    27             (II)  EXCEPT AS SET FORTH IN SUBPARAGRAPH (III),
    28         FLOORING CONSTRUCTED WITH SLATS MEETING ALL OF THE
    29         FOLLOWING CONDITIONS SHALL BE ACCEPTABLE:
    30                 (A)  BE FLAT.
    20080H2525B4524                 - 41 -     

     1                 (B)  HAVE SPACES BETWEEN THEM THAT ARE NO MORE
     2             THAN 0.5 INCH IN WIDTH.
     3                 (C)  HAVE SPACES BETWEEN THEM THAT RUN THE LENGTH
     4             OR THE WIDTH OF THE FLOOR, BUT NOT BOTH.
     5                 (D)  BE NO LESS THAN 3.5 INCHES IN WIDTH.
     6                 (E)  BE LEVEL WITH THE SLAT NEXT TO IT WITHIN A
     7             SINGLE PRIMARY ENCLOSURE.
     8             (III)  ADDITIONAL FLOORING OPTIONS THAT MEET THE
     9         PROVISIONS OF SUBPARAGRAPH (I) MAY BE APPROVED BY THE
    10         CANINE HEALTH BOARD.
    11         (4)  Each EXCEPT AS PROVIDED IN PARAGRAPH (5), EACH        <--
    12     primary enclosure shall have an entryway that will allow the
    13     dog unfettered clearance out of the enclosure to the AN        <--
    14     exercise area under paragraph (6) if UNLESS the enclosure is   <--
    15     opened.                                                        <--
    16         (5)  Each primary enclosure shall open onto and be
    17     adjacent to an exercise area. CLOSED FOR ACTIVE CLEANING       <--
    18     UNDER SUBSECTION (H)(11) OR BY ORDER OF A VETERINARIAN UNDER
    19     PARAGRAPH (6)(XI).
    20         (5)  (RESERVED).                                           <--
    21         (5)  THE CANINE HEALTH BOARD ESTABLISHED IN SECTION 221    <--
    22     MAY, UPON A REQUEST FROM A KENNEL OWNER, PROVIDE ON A CASE-
    23     BY-CASE BASIS FOR AN ALTERNATIVE MEANS OF ALLOWING CLEARANCE
    24     FROM A PRIMARY ENCLOSURE TO THE EXERCISE AREA OR EXERCISE
    25     THAT IS REQUIRED IN PARAGRAPHS (4) AND (6)(I) IF THE KENNEL
    26     OWNER PRESENTS THE BOARD WITH A PLAN THAT THE BOARD
    27     DETERMINES IS VERIFIABLE, ENFORCEABLE AND PROVIDES FOR
    28     EXERCISE EQUAL TO OR GREATER THAN THAT WHICH THE DOGS WOULD
    29     RECEIVE UNDER PARAGRAPHS (4) AND (6)(I). THE BOARD SHALL MEET
    30     WITHIN 60 DAYS OF A REQUEST SUBMITTED OR SOONER IF NECESSARY.
    20080H2525B4524                 - 42 -     

     1         (6)  Exercise requirements shall be as follows:
     2             (i)  The EXCEPT AS PROVIDED IN PARAGRAPH (5), THE      <--
     3         exercise run AREA must allow for unfettered clearance for  <--
     4         dogs from their primary enclosure.
     5             (ii)  The exercise run AREA must be at least twice     <--
     6         the size of the primary enclosure under paragraph (1).
     7             (iii)  The exercise run AREA must have adequate means  <--
     8         to prevent dogs from escaping.
     9             (iv)  The exercise run AREA fencing must be kept in    <--
    10         good repair and be free of rust, jagged edges or other
    11         defects that could cause injury to the dogs.
    12             (v)  The exercise run AREA shall be cleaned in         <--
    13         accordance with the requirements under subsection
    14         (h)(14).
    15             (vi)  Dogs must not be placed in the area in a manner
    16         that would cause injury to the dogs.
    17             (vii)  Compatible dogs, as determined under
    18         subsection (h)(4), may be exercised together.
    19             (viii)  Nursing bitches and their puppies shall be
    20         exercised separately from other dogs.
    21             (ix)  Exercise area ground MUST BE ON GROUND LEVEL     <--
    22         AND THE GROUND OF THE EXERCISE AREA must be solid and
    23         maintainable. Surfaces such as gravel, packed earth and
    24         grass which are solid and maintainable may be utilized.
    25             (x)  The exercise area must be outdoors.               <--
    26             (X)  (A)  EXCEPT AS PROVIDED UNDER CLAUSE (B), THE     <--
    27             EXERCISE AREA MUST BE OUTDOORS.
    28                 (B)  ANY LICENSED KENNEL OPERATING AS OF THE
    29             EFFECTIVE DATE OF THIS CLAUSE, WHERE LOCAL ZONING OR
    30             OTHER ORDINANCE REQUIREMENTS OR A DECISION OF THE
    20080H2525B4524                 - 43 -     

     1             APPLICABLE ZONING HEARING BOARD OR OTHER MUNICIPAL
     2             BODY WITH JURISDICTION PROHIBITS FURTHER EXPANSION OF
     3             THE KENNEL USE TO INCLUDE THE REQUIRED OUTDOOR
     4             EXERCISE AREA, MAY APPLY TO THE DEPARTMENT WITHIN 180
     5             DAYS AFTER THE EFFECTIVE DATE OF THIS CLAUSE FOR
     6             APPROVAL TO CONSTRUCT THE REQUIRED EXERCISE AREA
     7             INDOORS. THE DEPARTMENT SHALL NOTIFY THE APPLICANT BY
     8             CERTIFIED MAIL OF APPROVAL OR DISAPPROVAL WITHIN 30
     9             DAYS OF RECEIPT OF THE APPLICATION. THE DEPARTMENT
    10             SHALL NOT REQUIRE THAT THE LICENSED KENNEL APPEAL THE
    11             DECISION OF A ZONING HEARING BOARD OR OTHER MUNICIPAL
    12             BODY WITH JURISDICTION TO INTERPRET A LOCAL ORDINANCE
    13             AS A CONDITION OF APPLICATION OR APPROVAL. DENIAL BY
    14             THE DEPARTMENT OF AN APPLICATION FOR AN INDOOR
    15             EXERCISE AREA SHALL BE APPEALABLE IN THE SAME MANNER
    16             AND ACCORDING TO THE SAME PROCEDURES SET FORTH UNDER
    17             SECTION 211(C). WHILE AN APPEAL IS PENDING AND UNTIL
    18             FINAL CONCLUSION OF THE APPEAL, THE KENNEL SHALL NOT
    19             BE CONSIDERED IN VIOLATION OF THIS ACT FOR FAILURE TO
    20             HAVE THE REQUIRED EXERCISE AREA. THE REQUIRED
    21             EXERCISE AREA SHALL BE CONSTRUCTED WITHIN 90 DAYS OF
    22             THE FINAL CONCLUSION OF AN APPEAL UNDER THIS CLAUSE
    23             OR WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
    24             CLAUSE, WHICHEVER IS LATER.
    25             (XI)  IF, IN THE OPINION OF THE VETERINARIAN, IT IS
    26         INAPPROPRIATE FOR A DOG TO EXERCISE BECAUSE OF ITS
    27         HEALTH, CONDITION OR WELL-BEING, THIS PARAGRAPH SHALL NOT
    28         APPLY WITH RESPECT TO THAT DOG. SUCH A DETERMINATION MUST
    29         BE DOCUMENTED BY THE VETERINARIAN AND UNLESS THE BASIS
    30         FOR DETERMINATION IS A PERMANENT CONDITION, SHALL BE
    20080H2525B4524                 - 44 -     

     1         REVIEWED AT LEAST EVERY 30 DAYS BY THE VETERINARIAN AND
     2         UPDATED AS NECESSARY. RECORDS OF DETERMINATIONS SHALL BE
     3         MAINTAINED BY THE KENNEL.
     4             (XII)  FORCED EXERCISE METHODS OR DEVICES SUCH AS
     5         SWIMMING, TREADMILLS OR CAROUSEL-TYPE DEVICES SHALL NOT
     6         MEET THE EXERCISE REQUIREMENTS OF THIS PARAGRAPH.
     7         (7)  Notwithstanding any other provision of law, rabies    <--
     8     vaccines RABIES VACCINATIONS may only be administered by a     <--
     9     licensed OR UNDER THE SUPERVISION OF A veterinarian.           <--
    10         (8)  A dog shall be examined by a veterinarian at least
    11     once a year or at each pregnancy, whichever occurs more        <--
    12     frequently ONCE EVERY SIX MONTHS. During the examination the   <--
    13     veterinarian shall use appropriate methods to prevent,
    14     control, diagnose and treat diseases and injuries.
    15         (9)  An additional area, not counting toward the minimum   <--
    16     space requirements under paragraphs (1) and (6)(ii), may be
    17     provided to a dog and may be constructed of coated wire
    18     flooring to allow for voiding and excrement.
    19         (10)  Notwithstanding any law to the contrary, it shall
    20     not be a violation of the act of December 15, 1986 (P.L.1610,
    21     No.181), known as the "Rabies Prevention and Control in
    22     Domestic Animals and Wildlife Act," if a rabies vaccine is
    23     given to a dog within 30 days after a dog has reached three
    24     months of age. A record of each such shot shall be kept in
    25     accordance with this act.
    26         (9)  (RESERVED).                                           <--
    27     (J)  WAIVER.--
    28         (1)  THE SECRETARY MAY WAIVE THE APPLICABILITY OF
    29     SUBSECTION (H)(1) THROUGH (16) AND (I) IF ONE OF THE
    30     FOLLOWING SUBPARAGRAPHS APPLIES:
    20080H2525B4524                 - 45 -     

     1             (I)  THE KENNEL OWNER:
     2                 (A)  HAS NOT BEEN ISSUED A CITATION CONVICTED OF,  <--
     3             PLED GUILTY OF OR PLED NO CONTEST TO A VIOLATION
     4             UNDER THIS ACT WITHIN THE THREE YEARS PRECEDING THE
     5             EFFECTIVE DATE OF THIS SUBSECTION; AND
     6                 (B)  HAS MADE SUBSTANTIAL STRUCTURAL IMPROVEMENTS
     7             TO THE HOUSING FACILITY OF THE KENNEL WITHIN THE
     8             THREE YEARS PRIOR TO THE EFFECTIVE DATE OF THIS
     9             SUBSECTION.
    10             (II)  THE KENNEL OWNER:
    11                 (A)  HAS NOT BEEN ISSUED A CITATION CONVICTED OF,  <--
    12             PLED GUILTY TO OR PLED NO CONTEST TO A VIOLATION
    13             UNDER THIS ACT WITHIN THE THREE YEARS PRECEDING THE
    14             EFFECTIVE DATE OF THIS SUBSECTION;
    15                 (B)  IS MAKING A GOOD FAITH EFFORT TO COMPLY WITH
    16             THE REQUIREMENTS OF THIS ACT BUT IS NOT IN COMPLIANCE
    17             BECAUSE OF A CIRCUMSTANCE BEYOND THE KENNEL OWNER'S
    18             CONTROL; AND
    19                 (C)  MAKES A SHOWING OF REASONABLE EXPECTATION
    20             THAT COMPLIANCE CAN BE ACHIEVED THROUGH THE GRANTING
    21             OF AN EXTENSION AS DETERMINED BY THE SECRETARY.
    22         (2)  A WAIVER UNDER PARAGRAPH (1)(I) SHALL APPLY FOR THE
    23     LESSER OF:
    24             (I)  THE TIME SET BY THE SECRETARY; OR
    25             (II)  THREE YEARS.
    26         (3)  A WAIVER UNDER PARAGRAPH (1)(II) SHALL APPLY FOR THE
    27     TIME SET BY THE SECRETARY.
    28         (4)  A WAIVER MAY BE ONLY GRANTED UNDER PARAGRAPH (1)(I)
    29     OR (II), BUT NOT BOTH.
    30         (5)  A KENNEL OWNER MUST MAKE AN APPLICATION UNDER THIS
    20080H2525B4524                 - 46 -     

     1     SUBSECTION TO THE DEPARTMENT IN A MANNER PRESCRIBED BY THE
     2     DEPARTMENT WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS       <--
     3     SUBSECTION, EXCEPT THAT THE SECRETARY MAY CONSIDER A REQUEST
     4     FOR AN EXTENSION OF A WAIVER PREVIOUSLY GRANTED UNDER
     5     PARAGRAPH (1)(II), AFTER THIS TIME PERIOD.
     6     Section 5.  Section 209 of the act, amended December 11, 1996
     7  (P.L.943, No.151), is amended to read:
     8  Section 209.  [Out-of-state dealer] DEALER license; application;  <--
     9                 fee; prohibitions.
    10     (a)  Out-of-state dealers.--All out-of-state dealers shall on
    11  or before January 1 of each year, apply to the secretary for an
    12  out-of-state dealer license. The fee for such license shall be
    13  $300, plus appropriate kennel license fees required under
    14  section 206. All fees collected under this section shall be
    15  remitted to the State Treasury for credit to the Dog Law
    16  Restricted Account. All licenses under this section shall expire
    17  upon December 31 of the year for which the license was issued.
    18  The forms for the application and license shall be approved by
    19  the secretary [through regulations].
    20     (A.1)  IN-STATE DEALERS.--                                     <--
    21         (1)  EXCEPT AS SET FORTH IN PARAGRAPH (2), A DEALER
    22     RESIDING IN THIS COMMONWEALTH MUST, BY JANUARY 1 OF EACH
    23     YEAR, OBTAIN A LICENSE FROM THE DEPARTMENT. A DEALER LICENSE
    24     SHALL EXPIRE ON DECEMBER 31 OF THE YEAR FOR WHICH IT WAS
    25     ISSUED. THE LICENSE FEE FOR A DEALER LICENSE SHALL BE THE
    26     SAME AS THE LICENSE FEE ESTABLISHED FOR KENNEL CLASSES C-I
    27     THROUGH C-VI AS CALCULATED BASED ON THE NUMBER OF DOGS SOLD,
    28     OFFERED FOR SALE OR MAINTAINED BY THE APPLICANT. IT SHALL BE
    29     UNLAWFUL FOR A PERSON TO SELL OR OFFER FOR SALE A DOG
    30     BELONGING TO ANOTHER FOR A FEE OR COMMISSION OR MAINTAIN A
    20080H2525B4524                 - 47 -     

     1     DOG AT RETAIL OR WHOLESALE FOR RESALE TO ANOTHER WITHOUT
     2     OBTAINING A DEALER LICENSE OR A DEALER KENNEL LICENSE FROM
     3     THE DEPARTMENT.
     4         (2)  THIS SUBSECTION SHALL NOT APPLY TO A PERSON THAT
     5     SECURES A DEALER KENNEL LICENSE FROM THE DEPARTMENT UNDER
     6     SECTION 206.
     7     (b)  Unlawful acts.--It shall be unlawful for out-of-state
     8  dealers to [transport dogs] sell, exchange, negotiate, barter,
     9  give away or solicit the sale, resale, exchange or transfer of a
    10  dog or transport a dog into or within the Commonwealth or to
    11  operate or maintain a dealer kennel or to deal in any manner
    12  with dogs without first obtaining an out-of-state dealer license
    13  from the department. It shall be unlawful for a kennel licensed
    14  under this act to knowingly accept, receive, buy, barter or
    15  exchange a dog with an unlicensed out-of-state dealer for
    16  resale. A conviction for a violation of this section shall
    17  result in a penalty as determined under section 903(c). Each
    18  transaction for each dog shall constitute a separate violation.
    19     (c)  List of out-of-state dealers.--The department shall
    20  annually provide to licensed kennels a list of licensed out-of-
    21  state dealers. If a kennel wants to conduct business with an
    22  out-of-state dealer not listed on the list, the kennel must
    23  first obtain written approval from the department.
    24     Section 6.  Section 210 of the act is amended to read:
    25  Section 210.  Bills of sale.
    26     All owners or operators of kennels described in section 206,
    27  and all out-of-state dealers shall be required to have in their
    28  possession a bill of sale for each dog purchased [or
    29  transported], except for dogs delivered to the kennel licensee
    30  for purposes of boarding or for dogs whelped at the kennel. Any
    20080H2525B4524                 - 48 -     

     1  bill of sale or record which is fraudulent or indicates the
     2  theft of any dog, shall be prima facie evidence for the
     3  immediate revocation of license and imposition of fines and
     4  penalties by the secretary. The bill of sale shall contain
     5  information required by the secretary through regulations. For
     6  each dog transferred by a manner other than sale by a kennel
     7  described in section 206 or an out-of-state dealer, a record of
     8  the transaction shall be kept. The bill of sale or record shall
     9  include the current and valid kennel license number of the
    10  kennel or out-of-state dealer that sold, exchanged, bartered,
    11  gave away or transferred the dog and any other information
    12  required by the secretary. The bill of sale or record shall be
    13  kept for two years.
    14     Section 7.  Section 211 of the act, amended December 11, 1996
    15  (P.L.943, No.151), is amended to read:
    16  Section 211.  Revocation[, suspension] or refusal of kennel
    17                 licenses.
    18     (a)  General powers of secretary.--The secretary shall revoke
    19  a kennel license, DEALER LICENSE or out-of-state dealer license   <--
    20  if a licensee is convicted of a violation of 18 Pa.C.S. § 5511
    21  (relating to cruelty to animals) or of substantially similar
    22  conduct pursuant to a cruelty law of another state. The
    23  secretary shall not issue a kennel license, DEALER LICENSE or     <--
    24  out-of-state dealer license to a person that has been convicted
    25  of a violation of 18 Pa.C.S. § 5511 within the last ten years.
    26  The secretary may revoke or [suspend a kennel license or out-of-
    27  state dealer license or] refuse to issue a kennel license,        <--
    28  DEALER LICENSE or out-of-state dealer license for any one or
    29  more of the following reasons:
    30         (1)  the person holding or applying for a license has
    20080H2525B4524                 - 49 -     

     1     made a [material] misstatement or misrepresentation in the     <--
     2     license application;
     3         (2)  the person holding or applying for a license has
     4     made a [material] misstatement or misrepresentation to the     <--
     5     department or its personnel regarding a matter relevant to
     6     the license;
     7         (3)  the person holding or applying for a license has
     8     [been convicted of any violation of] failed to comply with
     9     this act;
    10         (4)  the person holding or applying for a license has
    11     failed to comply with any regulation promulgated under this
    12     act; [or]
    13         (5)  the person holding or applying for a license has
    14     been convicted of any law relating to cruelty to animals[.]
    15     and the conviction is more than ten years old, if there is
    16     evidence the person has not been rehabilitated and granting a
    17     license would jeopardize the health, safety and welfare of
    18     the dogs;
    19         (6)  the person holding or applying for a license has
    20     been convicted of a felony;
    21         (7)  the person holding or applying for a license has:
    22             (i)  within the last ten years, been found to have
    23         violated section 9.3 of the act of December 17, 1968
    24         (P.L.1224, No.387), known as the "Unfair Trade Practices
    25         and Consumer Protection Law," or been required to cease
    26         and desist from operating a kennel or owning, selling or
    27         caring for dogs, or both; or
    28             (ii)  within the last ten years, entered into an
    29         agreement with the Office of Attorney General which
    30         requires the person to cease and desist from operating a
    20080H2525B4524                 - 50 -     

     1         kennel or owning, selling or caring for dogs, or both;
     2         (8)  the person holding or applying for a license has      <--
     3     received a final, binding order, which is not subject to a
     4     pending legal challenge, declaring that the person's kennel
     5     is not a permitted use under the applicable zoning ordinance;
     6         (8)  THE LOCATION OF THE KENNEL FOR WHICH THE LICENSE IS   <--
     7     SOUGHT IS SUBJECT TO A FINAL, BINDING ORDER, WHICH IS NOT
     8     SUBJECT TO A PENDING LEGAL CHALLENGE, DECLARING THE KENNEL IS
     9     NOT A PERMITTED USE UNDER THE APPLICABLE ZONING ORDINANCE;
    10         (9)  the person holding or applying for a license has
    11     acted or is acting in concert with a person who has violated
    12     the act of December 15, 1986 (P.L.1610, No.181), known as the
    13     "Rabies Prevention and Control in Domestic Animals and
    14     Wildlife Act;
    15         (10)  the person holding or applying has had a kennel
    16     license, DEALER LICENSE OR OUT-OF-STATE DEALER LICENSE         <--
    17     refused or revoked within the past ten years; or
    18         (11)  the person holding or applying for a license has a
    19     person who does or will play a role in the ownership of the
    20     kennel or caring for the dogs, and such other person would be
    21     refused a license if that person had been the applicant. A
    22     role shall include ownership of a financial interest in the
    23     kennel operation, caring for the dogs or participation in the
    24     management of the kennel.
    25     (a.1)  Factors to consider.--In determining whether to revoke
    26  or refuse a kennel license, DEALER LICENSE or out-of-State        <--
    27  dealer license for a misstatement as set forth under subsection
    28  (a)(1) or (2), the secretary shall consider the gravity of the
    29  misstatement. In determining whether to revoke or refuse an
    30  existing kennel license, DEALER LICENSE or an out-of-State        <--
    20080H2525B4524                 - 51 -     

     1  dealer license for a failure to comply with a provision of the
     2  act or regulations promulgated under it as set forth under
     3  paragraph (3) or (4), the secretary shall consider the following
     4  factors:
     5         (1)  The gravity of the violation.
     6         (2)  The number of current or past violations.
     7         (3)  The potential effect of the violation on the health
     8     or welfare of a dog.
     9         (4)  Whether the kennel has been warned previously to
    10     correct the violation.
    11         (5)  Whether the violation resulted in a criminal
    12     conviction.
    13         (6)  The length of time that has elapsed between
    14     violations.
    15     (b)  Notice of action.--
    16         (1)  The secretary shall provide written notice of a
    17     kennel license, DEALER LICENSE or an out-of-state dealer       <--
    18     license revocation, suspension or refusal to the person whose
    19     license is revoked, suspended or refused. The notice shall
    20     set forth the general factual and legal basis for the action
    21     and shall advise the affected person that within ten days of
    22     receipt of the notice he may file with the secretary a
    23     written request for an administrative hearing. The hearing
    24     shall be conducted in accordance with 2 Pa.C.S. (relating to
    25     administrative law and procedure).
    26         (2)  Written notice of revocation, suspension or refusal
    27     shall be served by personal service or by registered or
    28     certified mail, return receipt requested, to the person or to
    29     a responsible employee of such person whose license is
    30     revoked, suspended or refused. Revocation or [suspension
    20080H2525B4524                 - 52 -     

     1     shall commence upon service of the written notice.
     2     (c)  Seizure and constructive seizure.--] refusal shall be
     3  effective upon the expiration of the ten-day period for
     4  requesting an administrative hearing, unless a timely request
     5  for a hearing has been filed with the department.
     6     (c)  Administrative process.--
     7         [(1)]  Whenever the secretary revokes, suspends or         <--
     8     refuses a kennel license or an out-of-state dealer license,
     9     the [department may seize and impound any dog in the           <--
    10     possession, custody or care of the person whose license is
    11     revoked, suspended or refused if there are reasonable grounds
    12     to believe that the dog's health, safety or welfare is
    13     endangered. Reasonable costs of transportation, care and
    14     feeding of a seized and impounded dog shall be paid by the
    15     person from whom the dog was seized and impounded.
    16         (2)  (i)  If the person whose kennel license or out-of-
    17         state dealer license is revoked, suspended or refused and
    18         whose dog has been seized and impounded provides the
    19         secretary with satisfactory evidence or assurances that
    20         the dog will receive adequate care and has paid all costs
    21         of transportation, care and feeding related to the
    22         seizure and impoundment of the dog, the person may
    23         retrieve the seized and impounded dog.
    24             (ii)  If the owner of a seized and impounded dog is
    25         someone other than the person from whom the dog was
    26         seized and impounded, the dog owner may retrieve his dog
    27         from impoundment upon payment of all transportation, care
    28         and feeding costs applicable to the dog. The person from
    29         whom the dog was seized and impounded shall be
    30         responsible to reimburse the dog owner for the
    20080H2525B4524                 - 53 -     

     1         transportation, care and feeding costs.
     2         (3)  The secretary shall allow a dog to remain in the
     3     physical possession, custody or care of the person whose
     4     kennel license or out-of-state dealer license is revoked,
     5     suspended or refused upon any one or more of the following
     6     findings:
     7             (i)  if the secretary has no reasonable grounds to
     8         believe that the health, safety or welfare of the dog is
     9         endangered; or
    10             (ii)  the person whose license is revoked, suspended
    11         or refused has provided satisfactory evidence or
    12         assurances that the dog will receive adequate care.
    13         (4)  Ownership of a dog which has been seized and
    14     impounded or which is under constructive seizure may be
    15     forfeited upon the written request of its owner.
    16         (5)  The secretary may direct that ownership of a
    17     particular dog which is seized and impounded pursuant to
    18     paragraph (1) is to be forfeited. The department shall serve
    19     the owner of the affected dog with written notice of
    20     forfeiture. The notice shall indicate that ownership of the
    21     dog in question may be forfeited to some entity other than
    22     the department. Notice of forfeiture shall be served by
    23     personal service or by registered or certified mail, return
    24     receipt requested, to the owner of the affected dog or a
    25     responsible person at the kennel from which the dog was
    26     seized and impounded. The notice shall specify an effective
    27     date of forfeiture which shall be not less than ten days from
    28     service of the notice. The notice shall further inform the
    29     dog owner of his right to request an administrative hearing
    30     on the issue of forfeiture by delivering a written request to
    20080H2525B4524                 - 54 -     

     1     the department prior to the date of forfeiture. A written
     2     hearing request shall act as a supersedeas of the forfeiture
     3     action. At the administrative hearing, the department shall
     4     have the burden of proving that the affected dog owner did
     5     not adequately care for the subject dog, or that no
     6     satisfactory evidence or assurances have been given to the
     7     department that the subject dog will be adequately cared for
     8     if it is returned to the owner, or that the owner has
     9     abandoned the subject dog. Abandonment shall be presumed if
    10     an owner fails to make timely payment of reasonable costs of
    11     transportation, care and feeding of the seized and impounded
    12     dog after two written requests to do so have been served by
    13     personal service or registered or certified mail, return
    14     receipt requested, upon a responsible person at the kennel in
    15     question or to the dog owner.
    16     (d)  Reimbursement of transportation, care and feeding
    17  costs.--A person described in subsection (c)(1) and (2) who has
    18  paid transportation, care and feeding costs with respect to a
    19  dog seized under this section may make application to the
    20  department for reimbursement of the costs if all persons cited
    21  or charged with violations of this act as the result of the
    22  conditions at the kennel at issue are acquitted of all charges
    23  or violations.
    24     (e)  Department as guarantor of payment of certain costs.--A
    25  kennel at which a dog is impounded by the department under the
    26  authority of this section shall be compensated from the Dog Law
    27  Restricted Account in the amount of $5 per dog for each day or
    28  portion thereof that the dog is held at the kennel if:
    29         (1)  the kennel has attempted, without success, to obtain
    30     payment for transportation, care and feeding costs from the
    20080H2525B4524                 - 55 -     

     1     owner of the dog and the owner of the kennel from which the
     2     dog was seized and impounded; and
     3         (2)  the kennel makes written application to the
     4     department, setting forth the amount sought, details of a
     5     good faith attempt at obtaining payment of the costs from the
     6     dog owner and the kennel owner and the dates and number of
     7     dogs justifying the amount sought.
     8     (f)  Prohibition.--No dog seized under this section shall be
     9  sold or given freely for the purpose of vivisection or research
    10  or be conveyed in any manner for these purposes or be conveyed
    11  to a dealer.] following shall apply:                              <--
    12         (1)  The person whose license refusal or revocation has
    13     become effective shall immediately cease and desist from
    14     operating a kennel, including boarding, buying, exchanging,
    15     selling, offering for sale, giving away or in any way
    16     transferring dogs. The kennel owner shall divest himself of
    17     all dogs over 25 dogs, unless directed otherwise by a
    18     department or court order, within a reasonable time period as
    19     determined by the department, but not to exceed ten days. The
    20     department's notice of revocation or refusal shall set forth
    21     the manner by which the kennel owner may divest himself of
    22     the dogs. The person shall be subject to the conditions
    23     established under paragraphs (3) through (9).
    24         (2)  The person whose license is refused or revoked and
    25     who has timely filed a request for an administrative hearing,
    26     and who would continue to require a kennel license under this
    27     act, pending the exhaustion of all administrative appeals
    28     shall be considered to be operating under suspension, will
    29     receive notice from the department of the license being
    30     suspended and shall, during the duration of all
    20080H2525B4524                 - 56 -     

     1     administrative appeals, and thereafter if the department's
     2     action is upheld, be subject to the conditions established
     3     under paragraphs (3) through (9).
     4         (3)  The kennel may not acquire any additional dogs or
     5     increase the number of dogs in the kennel by any means,
     6     including breeding, except by birth of puppies from a mother
     7     that at the time of refusal or revocation was all of the
     8     following:
     9             (i)  On the property.
    10             (ii)  Pregnant.
    11             (iii)  Owned by the kennel or the kennel owner.
    12         (4)  The department shall be notified prior to the
    13     euthanization of any dog. No dog may be euthanized unless it
    14     is determined by a veterinarian that the euthanasia will
    15     prevent the dog from suffering caused by a medical condition.
    16     Where a veterinarian determines a dog should be euthanized, a
    17     copy of the veterinarian's findings, signed by the
    18     veterinarian, shall be provided to the department. The
    19     provisions of this paragraph do not apply to an emergency
    20     situation where it is deemed by the veterinarian that
    21     immediate euthanasia is necessary to relieve the suffering of
    22     the dog. Following the procedure, a copy of the
    23     veterinarian's finding will be signed by the veterinarian and
    24     provided to the department.
    25         (5)  The kennel shall reduce the number of dogs on the
    26     premises to 25, or a lesser number as may be directed by the
    27     department or court order, and in the manner and within the
    28     time period set forth in the order of the department or the
    29     court, not exceeding ten days after an order has become
    30     effective or after the exhaustion of any administrative
    20080H2525B4524                 - 57 -     

     1     appeal where the department's action is upheld.
     2         (6)  The kennel shall permit State dog wardens to inspect
     3     the kennel without a warrant in order to determine compliance
     4     with the department's order, any relevant court order and any
     5     provision of this act.
     6         (7)  If there are more dogs than specified in paragraph
     7     (5) on the premises after the expiration of the time period
     8     set forth in paragraph (5), the kennel may select the number
     9     of dogs allowed under paragraph (5) to be kept on the
    10     premises. The remainder shall be forfeited to the entity set
    11     forth in the department or court order or to an entity
    12     approved by the department without compensation to the owner.
    13         (8)  Failure to take actions or to meet the conditions
    14     imposed under this subsection, in addition to any other
    15     penalties allowed under this act, may result in imposition by
    16     the department of a penalty of not less than $100 nor more
    17     than $500 per day for each violation. Each dog in excess of
    18     25 dogs, or a lesser amount if set forth in the department or
    19     court order, shall count as one violation.
    20         (9)
    21         (1)  IF THE SECRETARY REVOKES OR REFUSES A KENNEL          <--
    22     LICENSE, DEALER LICENSE OR AN OUT-OF-STATE DEALER LICENSE, A
    23     PERSON WHOSE LICENSE REVOCATION OR REFUSAL HAS BECOME
    24     EFFECTIVE SHALL COMPLY WITH ALL OF THE FOLLOWING:
    25             (I)  IMMEDIATELY CEASE AND DESIST FROM OPERATING A
    26         KENNEL, INCLUDING BOARDING, BUYING, EXCHANGING, SELLING,
    27         OFFERING FOR SALE, GIVING AWAY OR IN ANY WAY TRANSFERRING
    28         DOGS.
    29             (II)  ACQUIRE NO ADDITIONAL DOGS NOR INCREASE THE
    30         NUMBER OF DOGS IN THE KENNEL BY ANY MEANS, INCLUDING
    20080H2525B4524                 - 58 -     

     1         BREEDING. THIS SUBPARAGRAPH DOES NOT APPLY TO AN
     2         ACQUISITION OR INCREASE BY BIRTH OF PUPPIES FROM A MOTHER
     3         WHICH, AT THE TIME OF REVOCATION OR REFUSAL WAS:
     4                 (A)  ON THE PROPERTY;
     5                 (B)  PREGNANT; AND
     6                 (C)  OWNED BY THE KENNEL OR THE KENNEL OWNER.
     7             (III)  NOTIFY THE DEPARTMENT PRIOR TO THE
     8         EUTHANIZATION OF ANY DOG. NO DOG MAY BE EUTHANIZED UNLESS
     9         IT IS DETERMINED BY A VETERINARIAN THAT THE EUTHANASIA
    10         WILL PREVENT THE DOG FROM SUFFERING CAUSED BY A MEDICAL
    11         CONDITION. IF A VETERINARIAN DETERMINES A DOG SHOULD BE
    12         EUTHANIZED, A COPY OF THE VETERINARIAN'S FINDINGS, SIGNED
    13         BY THE VETERINARIAN, MUST BE PROVIDED TO THE DEPARTMENT.
    14         THE PROVISIONS OF THIS SUBPARAGRAPH DO NOT APPLY TO AN
    15         EMERGENCY SITUATION IF IT IS DEEMED BY THE VETERINARIAN
    16         THAT IMMEDIATE EUTHANASIA IS NECESSARY TO RELIEVE THE
    17         SUFFERING OF THE DOG. FOLLOWING EUTHANASIA IN AN
    18         EMERGENCY SITUATION, A COPY OF THE VETERINARIAN'S FINDING
    19         MUST BE SIGNED BY THE VETERINARIAN AND PROVIDED TO THE
    20         DEPARTMENT.
    21             (IV)  PERMIT STATE DOG WARDENS TO INSPECT THE KENNEL
    22         WITHOUT A WARRANT IN ORDER TO DETERMINE COMPLIANCE WITH
    23         THE DEPARTMENT'S ORDER, ANY RELEVANT COURT ORDER AND ANY
    24         PROVISION OF THIS ACT.
    25             (V)  DIVEST OF ALL DOGS OVER 25, UNLESS DIRECTED
    26         OTHERWISE BY THE DEPARTMENT OR COURT ORDER, WITHIN A
    27         REASONABLE TIME PERIOD AS DETERMINED BY THE DEPARTMENT,
    28         BUT NOT TO EXCEED TEN DAYS. THE DEPARTMENT'S NOTICE OF
    29         REVOCATION OR REFUSAL SHALL SET FORTH THE MANNER BY WHICH
    30         THE KENNEL OWNER MAY DIVEST OF THE DOGS. IF THERE ARE
    20080H2525B4524                 - 59 -     

     1         MORE DOGS ON THE PREMISES THAN PERMITTED IN THE
     2         DEPARTMENT OR COURT ORDER AFTER THE EXPIRATION OF THE
     3         TIME PERIOD SET FORTH IN THE ORDER, THE KENNEL MAY SELECT
     4         THE NUMBER OF DOGS ALLOWED UNDER THIS SUBPARAGRAPH TO BE   <--
     5         KEPT ON THE PREMISES. THE REMAINDER THE DOGS TO BE KEPT,   <--
     6         UP TO THE NUMBER ALLOWED UNDER THIS SUBPARAGRAPH. THE
     7         DOGS NOT SELECTED SHALL BE FORFEITED TO THE ENTITY SET
     8         FORTH IN THE DEPARTMENT OR COURT ORDER OR TO AN ENTITY
     9         APPROVED BY THE DEPARTMENT WITHOUT COMPENSATION TO THE
    10         OWNER.
    11         (2)  THE FOLLOWING APPLY TO APPEALS:
    12             (I)  THIS PARAGRAPH APPLIES TO A PERSON WHOSE LICENSE
    13         IS REFUSED OR REVOKED AND WHO:
    14                 (A)  HAS TIMELY FILED A REQUEST FOR AN
    15             ADMINISTRATIVE APPEAL; AND
    16                 (B)  WOULD CONTINUE TO REQUIRE A KENNEL LICENSE
    17             UNDER THIS ACT, PENDING THE EXHAUSTION OF ALL
    18             ADMINISTRATIVE APPEALS.
    19             (II)  A PERSON SUBJECT TO SUBPARAGRAPH (I) SHALL:
    20                 (A)  BE CONSIDERED TO BE OPERATING UNDER
    21             SUSPENSION;
    22                 (B)  RECEIVE NOTICE FROM THE DEPARTMENT OF THE
    23             LICENSE'S BEING SUSPENDED; AND
    24                 (C)  DURING THE DURATION OF ALL ADMINISTRATIVE
    25             APPEALS, AND THEREAFTER IF THE DEPARTMENT'S ACTION IS
    26             UPHELD, BE SUBJECT TO THE REQUIREMENTS SET FORTH IN
    27             PARAGRAPH (1)(I), (II), (III) AND (IV).
    28             (III)  WITHIN TEN DAYS AFTER THE EXHAUSTION OF AN
    29         ADMINISTRATIVE APPEAL UNDER SUBPARAGRAPH (I)(A) IN WHICH
    30         THE DEPARTMENT'S ACTION IS UPHELD, THE KENNEL SHALL
    20080H2525B4524                 - 60 -     

     1         REDUCE THE NUMBER OF DOGS UNDER PARAGRAPH (1)(V).
     2         (3)  FAILURE TO TAKE ACTION OR TO MEET THE CONDITIONS
     3     IMPOSED UNDER THIS SUBSECTION, IN ADDITION TO ANY OTHER
     4     PENALTIES ALLOWED UNDER THIS ACT, MAY RESULT IN IMPOSITION BY
     5     THE DEPARTMENT OF AN ADMINISTRATIVE PENALTY OF NOT LESS THAN
     6     $100 NOR MORE THAN $500 PER DAY FOR EACH VIOLATION. EACH DOG
     7     IN EXCESS OF THE NUMBER OF DOGS PERMITTED UNDER
     8     SUBPARAGRAPH(1)(V) OR (2)(III) SHALL COUNT AS ONE VIOLATION.
     9         (4)  Any violation of this subsection shall constitute a
    10     misdemeanor of the third degree.
    11     (d)  Seizure of dogs.--
    12         (1)  After service of an order under subsection (c)(1)     <--
    13     (C)(1)(V) (B) or section 207(a.3) or during the duration of    <--
    14     an administrative appeal under subsection (c)(2) or section
    15     207(a.3)(2), the department may order the seizure of any dog
    16     from that kennel if the department determines, based on the
    17     conditions found at that kennel, there are reasonable grounds
    18     to believe the dog's health, safety or welfare is endangered
    19     because of neglect of duty of care, deprivation of necessary
    20     sustenance, water, shelter or veterinary care or access to
    21     clean and sanitary shelter which will protect the animal
    22     against inclement weather and preserve the animal's body heat
    23     and keep it dry or other conditions which a veterinarian
    24     determines pose a serious health risk to the dog. The seizure
    25     may occur immediately upon notice, whether personal or
    26     otherwise, and shall be followed by service of the order.
    27         (2)  The order of seizure shall set forth the general
    28     factual and legal basis for the action taken and shall advise
    29     the kennel owner that within ten days of receipt the kennel
    30     owner may file with the secretary a written request for an
    20080H2525B4524                 - 61 -     

     1     administrative hearing subject to bonding requirements of
     2     this section. The order shall be served by personal service
     3     or by registered or certified mail, return receipt requested,
     4     to the kennel owner affected or to a responsible employee of
     5     such kennel owner. The department order shall become final
     6     upon the expiration of the ten-day period for requesting an
     7     administrative hearing, unless a timely request for a hearing
     8     has been filed with the secretary.
     9         (3)  The written request for a hearing must be filed by
    10     the affected kennel owner with the secretary within ten days
    11     of receipt of the order of seizure, or such order shall
    12     become final. The request for a hearing shall set forth the
    13     factual and legal grounds upon which the request is based. A
    14     hearing on the matter shall be held in accordance with 2
    15     Pa.C.S. (relating to administrative law and procedure). The
    16     issue on appeal shall be limited to whether the department
    17     order was justified under paragraph (1).
    18         (4)  If the department's order has become final or after
    19     the exhaustion of any administrative appeals, in cases where
    20     the department's action is upheld, the dogs seized under the
    21     order shall be forfeited to the entity set forth in the
    22     department's order or to an entity approved by the department
    23     without compensation to the owner.
    24     (e)  Bonding requirements.--The following shall apply to
    25  bonding requirements:
    26         (1)  If dogs are seized from a kennel under this act and
    27     an administrative appeal is filed, WITHIN TEN DAYS OF FILING   <--
    28     THE APPEAL, the owner of the licensed or unlicensed kennel
    29     shall post a surety bond within ten days of the filing of the  <--
    30     appeal in the amount determined by the department applying
    20080H2525B4524                 - 62 -     

     1     the criteria set forth in paragraph (2). EITHER:               <--
     2             (I)  POST A SURETY BOND IN THE AMOUNT DETERMINED BY
     3         THE DEPARTMENT APPLYING THE CRITERIA SET FORTH IN
     4         PARAGRAPH (2); OR
     5             (II)  DEPOSIT A SUM OF MONEY NOT TO EXCEED 10% OF THE
     6         AMOUNT OF THE SURETY BOND DETERMINED BY THE DEPARTMENT
     7         APPLYING THE CRITERIA SET FORTH IN PARAGRAPH (2).
     8         (2)  The amount of the surety bond shall be based on the
     9     number of dogs seized and shall be equal to the estimated
    10     cost of transportation, care and feeding, pursuant to removal
    11     and impoundment, for a period of 31 days. The surety bond AND  <--
    12     IMPOUNDMENT, FOR A PERIOD OF 31 DAYS.
    13         (2.1)  ANY SURETY BOND POSTED PURSUANT TO PARAGRAPH
    14     (1)(I) shall be payable to the Commonwealth of Pennsylvania,
    15     Department of Agriculture, Bureau of Dog Law Enforcement. The
    16     department shall remit such funds to the entity holding the
    17     dogs.
    18         (2.2)  ANY DEPOSIT PURSUANT TO PARAGRAPH (1)(II) SHALL BE  <--
    19     HELD BY THE DEPARTMENT OF AGRICULTURE, BUREAU OF DOG LAW
    20     ENFORCEMENT, UNTIL AFTER THE APPEAL. IF AFTER THE APPEAL THE
    21     DOGS ARE NOT PLACED UNDER THE CARE OF THE OWNER FROM WHICH
    22     THEY WERE SEIZED, THE DEPARTMENT SHALL BE ENTITLED TO KEEP
    23     THE DEPOSIT AND COLLECT FROM THE OWNER THE REMAINDER OF THE
    24     AMOUNT DETERMINED BY THE DEPARTMENT APPLYING THE CRITERIA SET
    25     FORTH IN PARAGRAPH (2).
    26         (3)  If after appeal the dogs are placed under the care
    27     of the owner from which they were seized, the department
    28     shall reimburse the owner for the DEPOSIT OR THE reasonable    <--
    29     costs of the bond incurred under this subsection.
    30         (4)  THE DEPARTMENT SHALL GUARANTEE PAYMENT OF ANY         <--
    20080H2525B4524                 - 63 -     

     1     DIFFERENCE IN THE AMOUNT PAID TO THE HOLDING ENTITY AND THE
     2     AMOUNT OWED UNDER PARAGRAPH (2). THE DEPARTMENT MAY REFER THE
     3     MATTER TO THE ATTORNEY GENERAL, WHO MAY INITIATE AN ACTION IN
     4     THE APPROPRIATE COURT TO RECOVER THE AMOUNT PAID UNDER THIS
     5     PARAGRAPH.
     6     (f)  Prohibitions.--No dog removed under this section may be:
     7         (1)  sold or given freely for the purpose of vivisection,
     8     auction or research;
     9         (2)  conveyed in any manner for purposes of vivisection,
    10     auction or research;
    11         (3)  conveyed to a dealer;
    12         (4)  sold to pay the costs of their transportation, care
    13     and feeding under this section before the issuance of a final
    14     order and the exhaustion of all appeals; or
    15         (5)  spayed or neutered before the issuance of a final
    16     order and the exhaustion of all appeals.
    17     Section 8.  Section 213 of the act is amended to read:
    18  Section 213.  Transportation of dogs.
    19     It shall be unlawful for any dog required to be licensed as
    20  hereinbefore provided, to be transported for any purpose without
    21  a current license tag firmly attached to a collar or harness
    22  securely fastened to the dog except when a dog is being
    23  transported for law enforcement [or], to receive veterinary care
    24  pursuant to an order of the secretary for humane purposes[.] or
    25  by the owner to or from a hunt, show, performance event, field
    26  trial or commonly accepted training practice involving hunting
    27  dogs and dogs that participate in such events. All vehicles
    28  being used to transport dogs are subject to inspection and must
    29  meet requirements for such transportation through regulations as
    30  promulgated by the secretary.
    20080H2525B4524                 - 64 -     

     1     Section 9.  Sections 214, 218 and 219 of the act, amended or
     2  added December 11, 1996 (P.L.943, No.151), are amended to read:
     3  Section 214.  Health certificates for importation.
     4     It shall be [unlawful] a violation of this act to transport
     5  any dog into this Commonwealth except under the provisions in
     6  section 212 without a certificate of health prepared by a
     7  licensed doctor of veterinary medicine, which certificate, or
     8  copy of such, shall accompany [such] the dog while in this
     9  Commonwealth. [Such] The certificate shall state that the dog is
    10  at least [seven] eight weeks of age and shows no signs or
    11  symptoms of infectious or communicable disease; did not
    12  originate within an area under quarantine for rabies; and, as
    13  ascertained by reasonable investigation, has not been exposed to
    14  rabies within 100 days of importation. All dogs must have been
    15  vaccinated for rabies in accordance with the act of December 15,
    16  1986 (P.L.1610, No.181), known as the "Rabies Prevention and
    17  Control in Domestic Animals and Wildlife Act." The name of the
    18  vaccine manufacturer, the date of administration, and the rabies
    19  tag number must appear on health certificates prepared by a
    20  licensed doctor of veterinary medicine.
    21  Section 218.  Inspections [of premises and dogs].
    22     (a)  Premises and dogs.--State dog wardens and other
    23  employees of the department are hereby authorized to inspect all
    24  licensed kennels [and], all dogs within the Commonwealth and all
    25  unlicensed establishments which are operating as a kennel as
    26  defined by section 206. For purposes of inspection, a State dog
    27  warden and other full-time employees of the department shall be
    28  authorized to enforce the provisions of this act and regulations
    29  promulgated by the department [pursuant to] under this act.
    30  State dog wardens and employees of the department shall inspect
    20080H2525B4524                 - 65 -     

     1  all licensed kennels within the Commonwealth at least [once]
     2  twice per calendar year to enforce the provisions of this act
     3  and regulations promulgated by the department under this act.
     4  State dog wardens and only regular, full-time employees of the
     5  department shall be authorized to enter upon the premises of
     6  approved medical, dental or veterinary schools, hospitals,
     7  clinics or other medical or scientific institutions,
     8  organizations or persons where research is being conducted or
     9  where pharmaceuticals, drugs or biologicals are being produced.
    10  [Research facilities in the Commonwealth that are currently
    11  under Federal Government inspection shall be exempt from State
    12  inspection if they have undergone no less than one Federal
    13  Government inspection within the past 12 months. Submission of
    14  such evidence of Federal inspection by documentation to the
    15  department may be established by regulation subject to
    16  legislative review.] It shall be unlawful for any person to
    17  refuse admittance to such State dog wardens and employees of the
    18  department for the purpose of making inspections and enforcing
    19  the provisions of this act.
    20     (b)  Records.--State dog wardens and other employees of the
    21  department shall be authorized to inspect the records required
    22  under this act of all licensed and unlicensed kennels.
    23     (c)  Search warrant.--State dog wardens and other employees
    24  of the department may apply for a search warrant to any court of
    25  competent jurisdiction authorized to issue a search warrant for
    26  the purposes of inspecting or examining any kennel, property,     <--
    27  building, premise, place, dog, book, record or other physical
    28  evidence or for the purpose of removing any dog under section
    29  207 or 211. The warrant shall be issued upon probable cause. It
    30  shall be sufficient probable cause to show any of the following:
    20080H2525B4524                 - 66 -     

     1         (1)  The inspection, examination or seizure is necessary   <--
     2     to determine compliance with this act. This paragraph shall
     3     not apply to private kennels.
     4         (1)  THAT, IN CASES INVOLVING KENNELS OTHER THAN PRIVATE   <--
     5     KENNELS, THE STATE DOG WARDEN OR AN EMPLOYEE OF THE
     6     DEPARTMENT HAS BEEN DENIED ENTRY REFUSED ENTRY AS DEFINED      <--
     7     UNDER SECTION 220(A) FOR AN INSPECTION OR EXAMINATION OF THE
     8     KENNEL.
     9         (2)  The State dog warden or employee of the department
    10     has reason REASONABLE GROUNDS to believe that a violation of   <--
    11     this act or the regulations promulgated under the authority
    12     of this act has occurred.
    13     (d)  Results of inspection.--Only employees of the department
    14  who have received the training required under section 901(b) may
    15  issue reports of the inspection.
    16  Section 219.  Additional duties of the department.
    17     (a)  Enforcement of licensure requirement; development of
    18  plan.--By no later than June 30, 1997, the department shall
    19  develop and begin to implement a written plan to increase the
    20  number of dog licenses issued in this Commonwealth. Such plan
    21  shall be developed in consultation with the several counties and
    22  municipalities which enforce the provisions of this act and in
    23  consultation with the Dog Law Advisory Board and shall at least
    24  include methodology for increasing the number of dog licenses
    25  issued and assuring the annual renewal of such licenses. The
    26  methodology may include the periodic use of public service
    27  advertisements, newspaper advertisements, school and special
    28  events-based educational programs conducted in conjunction with
    29  counties and organizations concerned with the humane care and
    30  treatment of dogs, and literature designed to increase awareness
    20080H2525B4524                 - 67 -     

     1  of this act which may be provided to purchasers of dogs at the
     2  point of sale.
     3     (b)  Analysis of plan; report.--By no later than June 30,
     4  1998, and annually thereafter, the department shall submit to
     5  the chairperson and minority chairperson of the Agriculture and
     6  Rural Affairs Committee of the Senate and the chairperson and
     7  minority chairperson of the Agriculture and Rural Affairs
     8  Committee of the House of Representatives a report analyzing the
     9  activities adopted by the department to implement the plan and
    10  the results of such activities.
    11     Section 10.  The act is amended by adding a section SECTIONS   <--
    12  to read:
    13  Section 220.  Refusal of entry.
    14     (a)  Violation.--It shall be a violation of this act if a
    15  kennel refuses entry to an agent of the Commonwealth acting to
    16  enforce this act. The term "refusal of entry" shall include any
    17  of the following:
    18         (1)  Preventing an agent from entering the establishment.
    19         (2)  Preventing an agent from inspecting a dog.
    20         (3)  Hiding a dog from an agent.
    21         (4)  An act or omission that prevents an agent from
    22     gaining entry to the establishment.
    23     (b)  Order of inspection.--When a State dog warden or
    24  employee of the department attempts a kennel inspection in a
    25  building and no person is present to grant him access, a State
    26  dog warden or employee of the department may post an order on an
    27  entrance to the building demanding access to the building within
    28  36 hours. Failure to permit an inspection within the 36-hour
    29  time period indicated in the order that was posted shall be a
    30  violation of this act and shall constitute a refusal of entry
    20080H2525B4524                 - 68 -     

     1  for purposes of subsection (a), unless there are no dogs at the
     2  kennel OR THE KENNEL OWNER AND THE DOG WARDEN OR EMPLOYEE OF THE  <--
     3  DEPARTMENT WHO POSTED THE ORDER AGREES WITHIN THE 36-HOUR TIME
     4  PERIOD INDICATED IN THE ORDER THAT WAS POSTED TO PERMIT AN
     5  INSPECTION AT A TIME AGREED TO BY BOTH PARTIES.
     6     (c)  Affirmative defense.--It shall be an affirmative defense
     7  to subsection (b) that there were no dogs in the kennel at the
     8  time the order was posted.
     9  SECTION 221.  CANINE HEALTH BOARD.                                <--
    10     (A)  ESTABLISHMENT.--THE CANINE HEALTH BOARD IS ESTABLISHED.
    11     (B)  MEMBERSHIP.--THE BOARD SHALL BE COMPRISED OF
    12  VETERINARIANS WITH EXPERTISE IN SMALL ANIMAL MEDICINE AND IN THE
    13  CARING FOR AND TREATING OF CANINES. THE BOARD SHALL BE APPOINTED
    14  AS FOLLOWS:
    15         (1)  THREE MEMBERS APPOINTED BY THE GOVERNOR.
    16         (2)  ONE MEMBER APPOINTED BY THE CHAIRMAN PRESIDENT PRO    <--
    17     TEMPORE OF THE AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE  <--
    18     SENATE.
    19         (3)  ONE MEMBER APPOINTED BY THE MINORITY CHAIRMAN OF THE  <--
    20     AGRICULTURE AND RURAL AFFAIRS COMMITTEE LEADER OF THE SENATE.  <--
    21         (4)  ONE MEMBER APPOINTED BY THE CHAIRMAN OF THE           <--
    22     AGRICULTURE AND RURAL AFFAIRS COMMITTEE MAJORITY LEADER OF     <--
    23     THE HOUSE OF REPRESENTATIVES.
    24         (5)  ONE MEMBER APPOINTED BY THE MINORITY CHAIRMAN OF THE  <--
    25     AGRICULTURE AND RURAL AFFAIRS COMMITTEE LEADER OF THE HOUSE    <--
    26     OF REPRESENTATIVES.
    27         (6)  ONE MEMBER APPOINTED BY THE PRESIDENT OF THE          <--
    28     PENNSYLVANIA VETERINARY MEDICAL ASSOCIATION.
    29         (7)  ONE MEMBER APPOINTED BY THE DEAN OF THE UNIVERSITY
    30     OF PENNSYLVANIA'S SCHOOL OF VETERINARY MEDICINE.
    20080H2525B4524                 - 69 -     

     1     (C)  CHAIRMAN.--THE CHAIRMAN OF THE BOARD SHALL BE SELECTED
     2  BY THE GOVERNOR.
     3     (D)  TERM.--MEMBERS SHALL BE APPOINTED TO FOUR-YEAR TERMS,
     4  EXCEPT THAT THE INITIAL TERMS FOR LEGISLATIVE APPOINTEES SHALL
     5  BE FOR TWO YEARS.
     6     (E)  QUORUM.--A QUORUM SHALL CONSIST OF AT LEAST FIVE MEMBERS  <--
     7  OF THE BOARD WHO MUST BE PRESENT TO MAKE DECISIONS. DECISIONS
     8  SHALL BE MADE BY MAJORITY VOTE OF A QUORUM OF MEMBERS. THERE
     9  SHALL BE NO PROXY VOTING.
    10     (E) (F)  PURPOSE.--THE BOARD SHALL DETERMINE THE STANDARDS     <--
    11  BASED ON ANIMAL HUSBANDRY PRACTICES TO PROVIDE FOR THE WELFARE
    12  OF DOGS UNDER SECTION 207(H)(7) AND (8) AND (I)(3).
    13     (F) (G)  TEMPORARY GUIDELINES AND REGULATIONS.--THE BOARD      <--
    14  SHALL ISSUE TEMPORARY GUIDELINES UNDER THIS SECTION WITHIN 45
    15  DAYS OF THEIR FIRST MEETING, WHICH SHALL TAKE PLACE WITHIN 30
    16  DAYS OF THE EFFECTIVE DATE OF THIS SECTION. THE TEMPORARY
    17  GUIDELINES SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN. THE
    18  DEPARTMENT SHALL PROMULGATE THE TEMPORARY GUIDELINES AS A
    19  REGULATION CONCURRENTLY WITH PUBLICATION IN THE PENNSYLVANIA
    20  BULLETIN.
    21     (G) (H)  ADMINISTRATIVE SUPPORT.--ADMINISTRATIVE SUPPORT       <--
    22  SHALL BE PROVIDED BY THE DEPARTMENT.
    23     (H) (I)  COMPENSATION.--MEMBERS OF THE BOARD SHALL NOT BE      <--
    24  COMPENSATED FOR THEIR SERVICE AS BOARD MEMBERS BUT SHALL BE
    25  REIMBURSED FOR REASONABLE EXPENSES.
    26     Section 11.  The heading of Article III of the act is amended
    27  to read:
    28                            ARTICLE III
    29              QUARANTINES, DOGS AT LARGE, CONFINEMENT
    30     Section 12.  Section 302 of the act, amended December 11,
    20080H2525B4524                 - 70 -     

     1  1996 (P.L.943, No.151), is amended to read:
     2  Section 302.  Seizure and detention of dogs; costs; destruction
     3                 of dogs.
     4     (a)  General rule.--It shall be the duty of every police
     5  officer, State dog warden, employee of the department or animal
     6  control officer to seize and detain any dog which is found
     7  running at large, either upon the public streets or highways of
     8  the Commonwealth, or upon the property of a person other than
     9  the owner of [such] the dog, and unaccompanied by the owner or
    10  keeper. Every police officer, State dog warden, employee of the
    11  department or animal control officer may humanely kill any dog
    12  which is found running at large and is deemed after due
    13  consideration by the police officer, State dog warden, employee
    14  of the department or animal control officer to constitute a
    15  threat to the public health and welfare.
    16     (b)  Licensed dogs.--The State dog warden or employee of the
    17  department, the animal control officer, or the chief of police
    18  or his agents of any city, borough, town or township, the
    19  constable of any borough and the constable of any incorporated
    20  town or township shall cause any dog bearing a proper license
    21  tag or permanent identification and so seized and detained to be
    22  properly kept and fed at any licensed kennel approved by the
    23  secretary for [such] those purposes and shall cause immediate
    24  notice, by personal service or registered or certified mail with
    25  return receipt requested, to the last known address, which shall
    26  be set forth in the license application record, of the person in
    27  whose name the license was procured, or his agent, to claim
    28  [such] the dog within five days after receipt thereof. The owner
    29  or claimant of a dog so detained shall pay a penalty of [$15]
    30  $50 to the political subdivision whose police officers make
    20080H2525B4524                 - 71 -     

     1  [such] the seizures and detention and all reasonable expenses
     2  incurred by reason of its detention to the detaining parties
     3  before the dog is returned. If five days after obtaining the
     4  postal return receipt, [such] the dog has not been claimed, such
     5  chief of police, or his agent, or a constable, or State dog
     6  warden or employee of the department shall dispense [such] the
     7  dog by sale or by giving it to a humane society or association
     8  for the prevention of cruelty to animals. No dog so caught and
     9  detained shall be sold for the purpose of vivisection, or
    10  research, or be conveyed in any manner for these purposes. All
    11  moneys derived from the sale of [such] the dog, after deducting
    12  the expenses of its detention, shall be paid through the
    13  Department of Agriculture to the State Treasurer for credit to
    14  the Dog Law Restricted Account.
    15     (c)  Unlicensed dogs.--Except as otherwise provided by
    16  section 305, any police officer, State dog warden, employee of
    17  the department or animal control officer shall cause any
    18  unlicensed dog to be seized, detained, kept and fed for a period
    19  of 48 hours at any licensed kennel approved by the secretary for
    20  [such] those purposes, except any dog seriously ill or injured
    21  or forfeited with the owner's permission. The 48-hour period
    22  shall not include days the approved kennel is not open to the
    23  general public. Any person may view [such] the detained dogs
    24  during normal business hours. Any unlicensed dog remaining
    25  unclaimed after 48 hours may be humanely killed or given to a
    26  humane society or association for the prevention of cruelty to
    27  animals. No dog so caught and detained shall be sold for the
    28  purpose of vivisection, or research, or be conveyed in any
    29  manner for these purposes.
    30     Section 13.  Section 305 of the act is amended to read:
    20080H2525B4524                 - 72 -     

     1  Section 305.  Confinement and housing of dogs not part
     2                 of a kennel.
     3     (a)  Confinement and control.--It shall be unlawful for the
     4  owner or keeper of any dog to fail to keep at all times [such
     5  dog either] the dog in any of the following manners:
     6         (1)  confined within the premises of the owner;
     7         (2)  firmly secured by means of a collar and chain or
     8     other device so that it cannot stray beyond the premises on
     9     which it is secured; or
    10         (3)  under the reasonable control of some person, or when
    11     engaged in lawful hunting, exhibition, performance events or
    12     field training.
    13     (b)  Housing.--It shall be unlawful for the owner or keeper
    14  of a dog to house the dog for any period of time in a drum,
    15  barrel, refrigerator or freezer regardless of the material of
    16  which the drum, barrel, refrigerator or freezer is constructed.
    17     Section 14.  Sections 502 and 502-A of the act, amended
    18  December 11, 1996 (P.L.943, No.151), are amended to read:
    19  Section 502.  Dog bites; detention and isolation of dogs.
    20     (a)  Confinement.--Any dog which bites or attacks a human
    21  being shall be confined in quarters approved by a designated
    22  employee of the Department of Health, a State dog warden or
    23  employee of the Department of Agriculture, an animal control
    24  officer or a police officer. [Such] The dog may be detained and
    25  isolated in an approved kennel or at the dog owner's property or
    26  to another location approved by the investigating officer. Where
    27  [such] the dog is detained is at the discretion of the
    28  investigating officer. All dogs so detained must be isolated for
    29  a minimum of ten days. Any costs incurred in the detaining and
    30  isolation of [such] the dog shall be paid by the offending dog's
    20080H2525B4524                 - 73 -     

     1  owner or keeper or both. [When] If the dog's owner or keeper is
     2  not known, the Commonwealth is responsible for all reasonable
     3  costs for holding and detaining [such] the dog.
     4     (b)  Bite victims.--The following shall apply:
     5         (1)  The investigating officer shall be responsible for
     6     notifying the bite victim of the medical results of the
     7     offending dog's confinement. Any cost to the victim for
     8     medical treatment resulting from an attacking or biting dog
     9     must be paid fully by the owner or keeper of [such] the dog.
    10     The Commonwealth shall not be liable for medical treatment
    11     costs to the victim.
    12         (2)  (i)  For the purpose of this subsection, the term
    13         "medical results of the offending dog's confinement"
    14         shall mean, except as provided in subparagraph (ii),
    15         information as to whether the quarantined dog is still
    16         alive and whether it is exhibiting any signs of being
    17         infected with the rabies virus.
    18             (ii)  If a nonlethal test for rabies is developed,
    19         the term shall mean the results of the test and not the
    20         meaning given in subparagraph (i).
    21     (c)  Exception.--When a dog that bites or attacks a human
    22  being is a service dog or a police work dog in the performance
    23  of duties, [said] the dog need not be confined if it is under
    24  the active supervision of a licensed doctor of veterinary
    25  medicine.
    26  Section 502-A.  [Registration] Court proceedings, certificate of
    27                 registration and disposition.
    28     (a)  Summary offense of harboring a dangerous dog.--Any
    29  person who has been attacked by one or more dogs, or anyone on
    30  behalf of [such] the person, a person whose domestic animal, dog
    20080H2525B4524                 - 74 -     

     1  or cat has been killed or injured without provocation, the State
     2  dog warden or the local police officer may file a complaint
     3  before a [district justice] magisterial district judge, charging
     4  the owner or keeper of [such] the a dog with harboring a
     5  dangerous dog. The owner or keeper of the dog shall be guilty of
     6  the summary offense of harboring a dangerous dog if the
     7  [district justice] magisterial district judge finds beyond a
     8  reasonable doubt that the following elements of the offense have
     9  been proven:
    10         (1)  The dog has done [one or more] any of the following:
    11             (i)  Inflicted severe injury on a human being without
    12         provocation on public or private property.
    13             (ii)  Killed or inflicted severe injury on a domestic
    14         animal, dog or cat without provocation while off the
    15         owner's property.
    16             (iii)  Attacked a human being without provocation.
    17             (iv)  Been used in the commission of a crime.
    18         (2)  The dog has either or both of the following:
    19             (i)  A history of attacking human beings and/or
    20         domestic animals, dogs or cats without provocation.
    21             (ii)  A propensity to attack human beings and/or
    22         domestic animals, dogs or cats without provocation. A
    23         propensity to attack may be proven by a single incident
    24         of the conduct described in paragraph (1)(i), (ii), (iii)
    25         or (iv).
    26         (3)  The defendant is the owner or keeper of the dog.
    27     (a.1)  Effect of conviction.--A finding by a [district
    28  justice] magisterial district judge that a person is guilty
    29  under subsection (a) of harboring a dangerous dog shall
    30  constitute a determination that the dog is a dangerous dog for
    20080H2525B4524                 - 75 -     

     1  purposes of this act.
     2     (b)  Report of conviction.--The [district justice]
     3  magisterial district judge shall make a report of a conviction
     4  under subsection (a) to the Bureau of Dog Law Enforcement,
     5  identifying the convicted party, identifying and describing the
     6  dog or dogs and providing [such] other information as the bureau
     7  might reasonably require.
     8     (c)  Certificate of registration required.--It is unlawful
     9  for an owner or keeper to have a dangerous dog without a
    10  certificate of registration issued under this article. This
    11  article shall not apply to dogs used by law enforcement
    12  officials for police work, certified guide dogs for the blind,
    13  hearing dogs for the deaf nor aid dogs for the handicapped.
    14     (d)  Disposition of dog during court proceedings.--An owner
    15  or keeper of any dog who has been charged with harboring a
    16  dangerous dog shall keep [such] the dog or dogs confined in a
    17  proper enclosure or, when off the property of the owner or
    18  keeper for purposes of veterinary care, muzzled and on a leash
    19  until [such] the time a report is made under subsection (b). If
    20  an appeal of a decision under subsection (b) is filed, [such]
    21  the dog or dogs shall remain so confined until [such] the
    22  proceedings are completed. It shall be unlawful for an owner or
    23  keeper of a dog who has been charged with harboring a dangerous
    24  dog to dispense, move, sell, offer to sell, give away or
    25  transfer the dog in any manner except to [be] have it humanely
    26  killed or move the dog to a licensed kennel if approved by the
    27  investigating officer. A violation of this subsection shall
    28  constitute a summary offense accompanied by a fine of not less
    29  than [$200] $500.
    30     Section 15.  Sections 503-A and 504-A of the act, added May
    20080H2525B4524                 - 76 -     

     1  31, 1990 (P.L.213, No.46), are amended to read:
     2  Section 503-A.  Requirements.
     3     [(a)  Enclosure and insurance.--The department shall issue,
     4  upon payment of all fees under subsection (b), a certificate of
     5  registration to the owner of such animal within 30 days of
     6  notification, in writing, by the department that the dog has
     7  been determined to be dangerous and that the owner presents
     8  sufficient evidence of:
     9         (1)  A proper enclosure to confine a dangerous dog and
    10     the posting of a premises with a clearly visible warning sign
    11     that there is a dangerous dog on the property. In addition,
    12     the owner shall conspicuously display a sign with a warning
    13     symbol that informs children of the presence of a dangerous
    14     dog.
    15         (2)  (i)  A surety bond in the amount of $50,000 issued
    16         by an insurer authorized to do business within this
    17         Commonwealth, payable to any person injured by the
    18         dangerous dog; or
    19             (ii)  a policy of liability insurance, such as
    20         homeowner's insurance, issued by an insurer authorized to
    21         do business within this Commonwealth in the amount of at
    22         least $50,000, insuring the owner for any personal
    23         injuries inflicted by the dangerous dog. The policy shall
    24         contain a provision requiring the secretary to be named
    25         as additional insured for the sole purpose of being
    26         notified by the insurance company of cancellation,
    27         termination or expiration of the liability insurance
    28         policy.]
    29     (a)  Certificate of registration requirements.--The owner or
    30  keeper of a dog who has been convicted of harboring a dangerous
    20080H2525B4524                 - 77 -     

     1  dog shall keep the dog properly confined and shall register the
     2  dog with the department. Within 30 days of receiving written
     3  notification from the department that the dog has been
     4  determined to be dangerous, the owner or keeper of the dog shall
     5  comply with all the provisions of this section. The department
     6  shall issue, upon sufficient evidence of compliance with the
     7  requirements of this section and payment of all fees under
     8  subsection (b), a certificate of registration to the owner or
     9  keeper of the dangerous dog.
    10     (a.1)  Compliance requirements.--The owner or keeper of a dog
    11  who has been convicted of harboring a dangerous dog shall do all
    12  of the following:
    13         (1)  Present sufficient evidence of a proper enclosure to
    14     confine a dangerous dog and the posting of a premises with a
    15     clearly visible warning sign that there is a dangerous dog on
    16     the property. In addition, the owner shall conspicuously
    17     display a sign with a warning symbol that informs children of
    18     the presence of a dangerous dog.
    19         (2)  Pay court-ordered restitution to a victim of a
    20     dangerous dog.
    21         (3)  Permanently identify the dangerous dog by having a
    22     microchip implanted in the dangerous dog. The microchip shall
    23     be implanted by a properly licensed doctor of veterinary
    24     medicine and the costs shall be borne by the owner or keeper
    25     of the dangerous dog. The owner or keeper of the dangerous
    26     dog and the veterinarian implanting the microchip shall sign
    27     a form, developed by the department, verifying the dangerous
    28     dog has had a microchip implanted and setting forth the
    29     microchip number.
    30         (4)  Have the dangerous dog spayed or neutered. The
    20080H2525B4524                 - 78 -     

     1     spaying or neutering shall be done by a properly licensed
     2     doctor of veterinary medicine and the costs shall be borne by
     3     the owner or keeper of the dangerous dog. The owner or keeper
     4     of the dangerous dog and the veterinarian performing the
     5     spaying or neutering shall sign a form, developed by the
     6     department, verifying the dangerous dog has been spayed or
     7     neutered.
     8         (5)  Obtain:
     9             (i)  a surety bond in the amount of $50,000 issued by
    10         an insurer authorized to do business within this
    11         Commonwealth, payable to any person injured by the
    12         dangerous dog; or
    13             (ii)  a policy of liability insurance, such as
    14         homeowner's insurance, issued by an insurer authorized to
    15         do business within this Commonwealth in the amount of at
    16         least $50,000, insuring the owner for any personal
    17         injuries inflicted by the dangerous dog. The policy shall
    18         contain a provision requiring the secretary to be named
    19         as additional insured for the sole purpose of being
    20         notified by the insurance company of cancellation,
    21         termination or expiration of the liability insurance
    22         policy.
    23     (b)  [Fee] Registration fee.--The registration fee for a
    24  dangerous dog certificate shall be [$25 or such] $500 per
    25  calendar year for the life of the dog plus an additional amount
    26  set by the department as may be necessary to cover the costs of
    27  issuing this registration and enforcing this section. This
    28  registration fee shall be in addition to any other fees
    29  collectable under this act and shall be credited to the Dog Law
    30  Restricted Account for the purpose of administering and
    20080H2525B4524                 - 79 -     

     1  enforcing this act.
     2     (c)  Uniform identifiable symbol.--The department shall have
     3  the authority to establish a uniform identifiable symbol for
     4  visual recognition of dangerous dogs. [The "Ugh Dog" symbol
     5  developed by Animal-Vues may be adopted as the standard symbol
     6  to identify dangerous dogs.]
     7     (d)  Other requirements.--The owner or keeper of a dangerous
     8  dog shall [sign a statement attesting that]:
     9         (1)  The owner  shall maintain and not voluntarily cancel
    10     the liability insurance required by this section during the
    11     period for which licensing is sought unless the owner ceases
    12     to own the dangerous dog prior to expiration of the license.
    13         (2)  The owner or keeper shall notify the Bureau of Dog
    14     Law Enforcement, the State dog warden and the local police
    15     department within 24 hours if a dangerous dog is on the
    16     loose, is unconfined, has attacked another animal, has
    17     attacked a human being, has died or has been sold or donated.
    18     If the dangerous dog has been sold or donated, the owner
    19     shall also provide the Bureau of Dog Law Enforcement and the
    20     State dog warden with the name, address and telephone number
    21     of the new owner or new address of the dangerous dog.
    22         (3)  The new owner or keeper of the dangerous dog shall
    23     be required to comply with all of the provisions of this act
    24     and regulations pertaining to a dangerous dog.
    25  Section 504-A.  Control of dangerous dogs.
    26     It is unlawful for an owner or keeper of a dangerous dog to
    27  permit the dog to be outside the proper enclosure unless the dog
    28  is muzzled and restrained by a substantial chain or leash and
    29  under physical restraint of a responsible person. The muzzle
    30  shall be made in a manner that will not cause injury to the dog
    20080H2525B4524                 - 80 -     

     1  or interfere with its vision or respiration but shall prevent it
     2  from biting any person or animal or from destroying property
     3  with its teeth.
     4     Section 16.  Section 505-A of the act, amended December 11,
     5  1996 (P.L.943, No.151), is amended to read:
     6  Section 505-A.  Public safety and penalties.
     7     (a)  Failure to register and restrain.--[A dangerous dog
     8  shall be immediately confiscated by a State dog warden or a
     9  police officer upon the occurrence of any of the following:] The
    10  owner or keeper of a dangerous dog who violates any of the
    11  following provisions on the first occurrence commits a
    12  misdemeanor of the third degree if:
    13         (1)  The dangerous dog is not validly registered under
    14     this act.
    15         (2)  The owner [does not secure and maintain the
    16     liability insurance coverage required under section 503-A.]
    17     or keeper of the dangerous dog fails to comply with the
    18     provisions of section 503-A or 504-A.
    19         (3)  The dangerous dog is not maintained in the proper
    20     enclosure.
    21         (4)  The dangerous dog is outside of the dwelling of the
    22     owner or keeper or outside of the proper enclosure and not
    23     under physical restraint of the responsible person.
    24         (5)  The dog is outside the dwelling of the owner without
    25     a muzzle regardless of whether the dog is physically
    26     restrained by a leash.
    27         (6)  The dog is outside the dwelling of the owner or a
    28     proper enclosure without a muzzle and unsupervised regardless
    29     of whether the dog is physically restrained by a leash.
    30  [In addition, an owner violating this subsection commits a
    20080H2525B4524                 - 81 -     

     1  misdemeanor of the third degree.]
     2     (a.1)  Subsequent violations.--The owner or keeper of a
     3  dangerous dog who commits a subsequent violation under
     4  subsection (a) commits a misdemeanor of the second degree and
     5  upon conviction shall pay a fine not to exceed $5,000, plus the
     6  costs of quarantine, kennel charges and destruction of the
     7  dangerous dog. The dangerous dog shall be forfeited immediately
     8  by the owner or keeper to a dog warden, police officer or game    <--
     9  warden OR POLICE OFFICER and shall be placed in a kennel or, if   <--
    10  necessary, quarantined for a length of time to be determined by
    11  the department. After a period of ten days, if no appeal has
    12  been filed and the necessary quarantine period has elapsed, the
    13  dangerous dog shall be destroyed humanely in an expeditious
    14  manner. If an appeal is filed, the dangerous dog shall remain
    15  confined at the owner's or keeper's expense until the
    16  proceedings are completed.
    17     (a.2)  Utilization of fines.--All fines collected under this
    18  section shall be deposited into the Dog Law Restricted Account
    19  and may be utilized to pay the expenses of the department in
    20  administering its duties under this act.
    21     (a.3)  Collection.--In cases of inability to collect the fine
    22  assessed or failure of any person to pay all or a portion of the
    23  fine, the secretary may refer the matter to the Office of
    24  Attorney General, which shall institute an action in the
    25  appropriate court to recover the fine.
    26     (b)  Attacks by dangerous dog.--If a dangerous dog, through
    27  the intentional, reckless or negligent conduct of the dog's
    28  owner or keeper, attacks a person or a domestic animal, DOG OR    <--
    29  CAT, the dog's owner [is] or keeper shall be guilty of a
    30  misdemeanor of the second degree. In addition, the dangerous dog
    20080H2525B4524                 - 82 -     

     1  shall be immediately [confiscated, placed in quarantine for the
     2  proper length of time and thereafter humanely killed in an
     3  expeditious manner, with costs of quarantine and destruction to
     4  be borne by the dog's owner.] seized by a dog warden or a police
     5  officer and placed in quarantine for a length of time to be
     6  determined by the department. After a period of ten days, if no
     7  appeal has been filed by the owner or keeper of the dangerous
     8  dog and after the quarantine period has expired, the dangerous
     9  dog shall be humanely destroyed in an expeditious manner, with
    10  costs of kenneling, quarantine and destruction to be borne by
    11  the dog's owner or keeper. If an appeal is filed, the dangerous
    12  dog shall remain confined at the owner's or keeper's expense
    13  until the proceedings are completed and if found guilty of the
    14  cited offense, the dangerous dog shall thereafter be humanely
    15  destroyed in an expeditious manner, with costs of kenneling,
    16  quarantine and destruction to be borne by the dog's owner or
    17  keeper.
    18     (c)  Attacks causing severe injury or death.--The owner or
    19  keeper of any dog that, through the intentional, reckless or
    20  negligent conduct of the dog's owner or keeper, aggressively
    21  attacks and causes severe injury or death of any human shall be
    22  guilty of a misdemeanor of the first degree. In addition, the
    23  dog shall be immediately confiscated by a State dog warden or a
    24  police officer[, placed in quarantine for the proper length of
    25  time and thereafter humanely killed in an expeditious manner,
    26  with costs of quarantine and destruction to be borne by the
    27  dog's owner.] and placed in quarantine for a length of time to
    28  be determined by the department. After a period of ten days, if
    29  no appeal has been filed by the owner or keeper of the dangerous
    30  dog, and after the quarantine period has expired, the dangerous
    20080H2525B4524                 - 83 -     

     1  dog shall be humanely destroyed in an expeditious manner, with
     2  costs of kenneling, quarantine and destruction to be borne by
     3  the dog's owner or keeper. If an appeal is filed, the dangerous
     4  dog shall remain confined at the owner's or keeper's expense
     5  until the proceedings are completed and if found guilty of the
     6  cited offense, the dangerous dog shall be humanely destroyed in
     7  an expeditious manner, with costs of kenneling, quarantine and
     8  destruction to be borne by the dog's owner or keeper.
     9     (d)  Dog owned by a minor.--If the owner of the dangerous dog
    10  is a minor, the parent or guardian of the minor shall be liable
    11  for injuries and property damages caused by an unprovoked attack
    12  by the dangerous dog under section 4 of the former act of July
    13  27, 1967 (P.L.186, No.58), entitled "An act imposing liability
    14  upon parents for personal injury, or theft, destruction, or loss
    15  of property caused by the willful, tortious acts of children
    16  under eighteen years of age, setting forth limitations, and
    17  providing procedure for recovery."
    18     (e)  Mandatory reporting.--
    19         (1)  All known incidents of dog attacks shall be reported
    20     to the State dog warden, who shall investigate each incident
    21     and notify the department if a dog has been determined to be
    22     dangerous.
    23         (2)  A State dog warden or police officer who has
    24     knowledge of a dog which has attacked a person shall file a
    25     written report summarizing the circumstances of the attack
    26     with the police in the municipality where the owner of the
    27     dog resides or if the attack occurred outside the owner's
    28     municipality of residence, with the police having
    29     jurisdiction in the municipality where the attack occurred.
    30     The report shall be available for public inspection.
    20080H2525B4524                 - 84 -     

     1     Section 16.1.  Section 507-A(f) 507-A(F)(1) of the act, added  <--
     2  May 31, 1990 (P.L.213, No.46), is amended to read:
     3  Section 507-A.  Construction of article.
     4     * * *
     5     (f)  Procedure in certain cities.--In cities of the first
     6  class, second class and second class A, the following procedure
     7  shall apply:
     8         (1)  A person who has been attacked by a dog, or anyone
     9     on behalf of such person, or a person whose domestic animal,
    10     dog or cat has been killed or injured without provocation
    11     while the attacking dog was off the owner's property or a
    12     police officer or an animal control officer employed by or
    13     under contract with the city may make a complaint before a
    14     [district justice] magisterial district judge, charging the
    15     owner or keeper of such a dog with harboring a dangerous dog.
    16     The [district justice] magisterial district judge shall make
    17     a report of the determination under section 502-A(a) to the
    18     police or an animal control officer employed by or under
    19     contract with the city and to the Bureau of Dog Law
    20     Enforcement. The Bureau of Dog Law Enforcement shall give
    21     notice of this determination to the respective city
    22     treasurer.
    23         * * *
    24     Section 16.2.  Sections 602, 603, 706, 802 and 901, 901 AND    <--
    25  903 of the act, amended or added December 11, 1996 (P.L.943,
    26  No.151), are amended to read:
    27  Section 602.  Dogs used for law enforcement.
    28     (a)  Illegal to taunt law enforcement dogs.--It shall be
    29  unlawful for any person to willfully and maliciously taunt,
    30  torment, tease, beat, kick or strike any dog, including any
    20080H2525B4524                 - 85 -     

     1  search and rescue or [accelerant] detection dogs, used by any
     2  municipal, county or State police or sheriff's department or
     3  agency, fire department or agency or handler under the
     4  supervision of such department or agency, in the performance of
     5  the functions or duties of such department or agency or to
     6  commit any of the stated acts in the course of interfering with
     7  any such dog used by the department or agency or any member or
     8  supervised handler thereof in the performance of the functions
     9  or duties of the department or agency or of such officer or
    10  member or supervised handler. Any person who violates any of the
    11  provisions of this subsection commits a felony of the third
    12  degree.
    13     (b)  Illegal to torture certain dogs.--It shall be unlawful
    14  for any person to willfully or maliciously torture, mutilate,
    15  injure, disable, poison or kill any dog, including any search
    16  and rescue or [accelerant] detection dog, used by any municipal,
    17  county or State police or sheriff's department or agency, fire
    18  department or agency or handler under the supervision of such
    19  department or agency, in the performance of the functions or
    20  duties of the department or agency or to commit any of the
    21  stated acts in the course of interfering with any such dog used
    22  by the department or agency or any member or supervised handler
    23  thereof in the performance of any of the functions or duties of
    24  the department or agency or of such officer or member or
    25  supervised handler. Any person who violates any of the
    26  provisions of this subsection commits a felony of the third
    27  degree.
    28     (c)  Illegal to deny facilities or service due to [police]
    29  dog use.--It shall be unlawful for the proprietor, manager or
    30  employee of a theater, hotel, motel, restaurant or other place
    20080H2525B4524                 - 86 -     

     1  of entertainment, amusement or accommodation to refuse, withhold
     2  from or deny to any person, due to the use of a working police
     3  dog, detection dog or search and rescue dog used by any State or
     4  county or municipal police or sheriff's department or agency,
     5  fire department, search and rescue unit or agency or handler
     6  under the supervision of those departments, either directly or
     7  indirectly, any of the accommodations, advantages, facilities or
     8  privileges of the theater, hotel, motel, restaurant or other
     9  place of public entertainment, amusement or accommodation. Any
    10  person who violates any of the provisions of this subsection
    11  commits a misdemeanor of the third degree.
    12     (d)  Quarantine of certain dogs not required.--Quarantine of
    13  dogs as required by law shall not apply to dogs owned by any
    14  municipal or State police department or agency when such dogs
    15  are under the direct supervision and care of a police officer
    16  and subject to routine veterinary care.
    17  Section 603.  Selling, bartering or trading dogs.
    18     (a)  Illegal transfers.--It shall be unlawful to offer a dog
    19  as an inducement to purchase a product, commodity or service.
    20  The sale of a dog by a licensed kennel shall not be considered
    21  to be an inducement.
    22     (b)  Illegal to transfer ownership of certain puppies.--It
    23  shall be unlawful to barter, trade, raffle, sell, auction or in
    24  any way transfer ownership of a dog under [seven] eight weeks of
    25  age, unless the dog has been orphaned and it becomes necessary
    26  to transfer ownership of the orphaned dog to a nonprofit kennel,
    27  or from a nonprofit kennel with approval by a licensed doctor of
    28  veterinary medicine.
    29     (c)  Illegal for certain persons to transfer dogs.--It shall
    30  be unlawful for any person to buy, sell, offer to sell,
    20080H2525B4524                 - 87 -     

     1  transfer, barter, trade, raffle, auction or rent a dog at any
     2  public place in this Commonwealth other than a kennel licensed
     3  pursuant to this act, or a dog show, performance event or field
     4  trial sponsored by a recognized breed or kennel association or
     5  transfer by a rescue network kennel within its own network or to
     6  another rescue network kennel. If a purchase, sale, transfer,
     7  barter, trade, raffle, auction or rental of a dog occurs at or
     8  on the premises of a kennel, the transaction shall be unlawful
     9  unless one of the parties to the transaction is an employee,
    10  volunteer or other person acting as an authorized representative
    11  of the kennel.
    12  Section 706.  Damages caused by coyotes; complaints; liability.
    13     (a)  Reimbursement.--A person may make application to the
    14  department for reimbursement for damage to a domestic animal by
    15  a coyote, whether or not the domestic animal is directly damaged
    16  by the coyote or is necessarily destroyed due to damage caused
    17  by the coyote, if the damage occurs when the domestic animal is
    18  confined in a field or other enclosure adequate for confinement
    19  of such animal.
    20     (b)  Complaint.--To receive reimbursement under subsection
    21  (a), a person must file a written, signed complaint with the
    22  department. The complaint must state all of the following:
    23         (1)  The time, place and manner of the damage.
    24         (2)  The number and type of domestic animal damaged.
    25         (3)  The amount of the damage. The amount under this
    26     paragraph is limited to $10,000 for each domestic animal.
    27     (c)  Limitation.--A written complaint under subsection (b)
    28  must be filed within five business days of discovery of the
    29  damage.
    30     (d)  Investigation.--Within 48 hours of receipt of a
    20080H2525B4524                 - 88 -     

     1  complaint under subsection (b), a State dog warden shall
     2  investigate the complaint by examining the site of the
     3  occurrence. The State dog warden may examine witnesses under
     4  oath or affirmation.
     5     (e)  Determination.--
     6         (1)  Within ten business days after the initiation of the
     7     investigation under subsection (d), the State dog warden
     8     shall issue one of the following determinations:
     9             (i)  A dismissal of the complaint.
    10             (ii)  A damage award. The amount under this
    11         subparagraph is limited to $10,000 for each domestic
    12         animal, and the award shall not exceed 90% of the
    13         appraised value of the domestic animal.
    14         (2)  Failure to act within the time period under
    15     paragraph (1) shall be deemed a damage award in the amount
    16     claimed in the complaint under subsection (b)(3).
    17     (f)  Arbitration.--
    18         (1)  If the complainant does not agree to the damage
    19     award under subsection (e)(1)(ii), the complainant and the
    20     State dog warden shall appoint a disinterested, qualified
    21     citizen to act as arbitrator.
    22         (2)  The arbitrator shall determine the damage award. The
    23     amount under this paragraph is limited to $10,000 for each
    24     domestic animal.
    25         (3)  The arbitrator shall receive appropriate
    26     compensation paid by the complainant.
    27     (g)  Administrative appeal.--
    28         (1)  A complainant may appeal to the department a
    29     determination under subsection (e)(1)(i) [or (f)(2)].
    30         (2)  The appeal must be filed within 30 days of issuance
    20080H2525B4524                 - 89 -     

     1     of the determination.
     2         (3)  Within 30 days of filing under paragraph (2), the
     3     department must issue one of the following adjudications:
     4             (i)  Affirming the original determination.
     5             (ii)  Modifying the original determination.
     6         (4)  Failure to act within the time period under
     7     paragraph (3) shall be deemed a modification of the original
     8     determination to grant an award in the amount claimed in the
     9     complaint under subsection (b)(3).
    10         (5)  This subsection is subject to 2 Pa.C.S Ch. 5 Subch.
    11     A (relating to practice and procedure of Commonwealth
    12     agencies).
    13     (h)  Judicial review.--A complainant may appeal to
    14  Commonwealth Court an adjudication under subsection (g)(3). This
    15  subsection is subject to 2 Pa.C.S. Ch. 7 Subch. A (relating to
    16  judicial review of Commonwealth agency action).
    17     (i)  Payment of claims.--
    18         (1)  All damage claims shall be paid from the Dog Law
    19     Restricted Account. No payment shall be made for any claim
    20     which has already been paid by the claimant's insurance
    21     carrier. The claimant shall certify to the department that he
    22     has not received payment for any damages under this section
    23     by any person. Claims paid under this section shall not
    24     exceed [$20,000] $75,000 annually.
    25         (2)  If in any given year damage claims exceed the
    26     allocation for this subsection, those claims left unpaid at
    27     the end of the fiscal year shall be paid from the account
    28     first during the following year.
    29     (j)  Rules and regulations.--The secretary shall promulgate
    30  rules and regulations to enforce the provisions of this section.
    20080H2525B4524                 - 90 -     

     1  Section 802.  Burdens of proof.
     2     (a)  Licensing.--In any proceeding under this act, the burden
     3  of proof of the fact that a dog has been licensed, or has been
     4  imported for breeding, trial, hunting, performance event or show
     5  purposes, or that a dog is under the required licensed age of
     6  three months as hereinbefore provided, shall be on the owner of
     7  such dog. Any dog not bearing a license tag shall prima facie be
     8  deemed to be unlicensed except as provided under this act. It is
     9  unlawful for any person dealing in and with dogs, to use a false
    10  or fictitious name unless such name is registered with the
    11  Commonwealth.
    12     (b)  Age and name.--In a proceeding under this act, the
    13  burden of proof of the age of a dog shall be on the owner of the
    14  dog. It shall be unlawful for a person dealing in and with dogs
    15  to use a false or fictitious name unless the name is registered
    16  with the Commonwealth.
    17  Section 901.  Enforcement of this act by the secretary;
    18                 provisions for inspections.
    19     (a)  General rule.--The secretary, through State dog wardens,
    20  employees of the department and police officers, shall be
    21  charged with the general enforcement of this law. The secretary
    22  may employ all proper means for the enforcement of this act
    23  [and], including issuing notices and orders, referring FILING     <--
    24  violations for criminal prosecution, seeking injunctive relief,
    25  imposing civil penalties and entering into consent agreements.
    26  The secretary may enter into agreements pursuant to section
    27  1002, which shall be filed with the department, for the purpose
    28  of dog control. State dog wardens and employees of the
    29  department are hereby authorized to enter upon the premises of
    30  any [persons] person for the purpose of investigation. A dog
    20080H2525B4524                 - 91 -     

     1  warden or employee of the department may enter into a home or
     2  other building only with the permission of the occupant or with
     3  a duly issued search warrant.
     4     (b)  Training for dog wardens.--The secretary shall establish
     5  training requirements for dog wardens and other employees of the
     6  department charged with the enforcement of this act which shall
     7  include dog handling [and], cruelty, humane capture, preliminary
     8  recognition of dog pathology, knowledge of proper dog
     9  sanitation, kennel inspection procedures and shelter and dog law
    10  enforcement.
    11     (b.1)  Training requirements.--The department shall establish
    12  a program for initial training of dog wardens and employees of
    13  the department which must include, at a minimum, a total of [56]
    14  64 hours of instruction, in accordance with [paragraphs (1), (2)
    15  and (3).] this subsection. The following shall apply:
    16         (1)  The program for initial training of dog wardens must
    17     include at least 32 hours of instruction in the following
    18     group of instructional areas:
    19             (i)  Dog laws and applicable rules and regulations.
    20             (ii)  Care and treatment of dogs, including breed and
    21         use variability.
    22             (iii)  Pennsylvania criminal law and criminal
    23         procedure.
    24         (2)  At least [24] 32 hours of instruction in the initial
    25     training program must be provided in the following group of
    26     instructional areas:
    27             (i)  Dog handling and humane capture.
    28             (ii)  Preliminary recognition of dog pathology.
    29             (iii)  Proper dog sanitation and shelter.
    30             (iv)  Kennel inspection procedures.
    20080H2525B4524                 - 92 -     

     1             (v)  Biosecurity risks, techniques and protocol.
     2         (3)  The initial training program must also require an
     3     individual, as a prerequisite to successful completion of the
     4     training program, to take and pass a final examination that
     5     sufficiently measures the individual's knowledge and
     6     understanding of the instructional material.
     7         (4)  Training shall be conducted in accordance with 22
     8     Pa.C.S. Ch. 37 (relating to humane society police officers).
     9     (b.2)  Limitation on the possession of firearms.--No dog
    10  warden or employee of the department shall carry, possess or use
    11  a firearm in the performance of duties. [unless the person has    <--
    12  the approval of the secretary and holds a current and valid
    13  certification in the use and handling of firearms pursuant to at
    14  least one of the following:
    15         (1)  The act of June 18, 1974 (P.L.359, No.120), referred
    16     to as the Municipal Police Education and Training Law.
    17         (2)  The act of October 10, 1974 (P.L.705, No.235), known
    18     as the "Lethal Weapons Training Act."
    19         (3)  The act of February 9, 1984 (P.L.3, No.2), known as
    20     the "Deputy Sheriffs' Education and Training Act."
    21         (4)  Any other firearms program which has been determined
    22     by the Commissioner of the Pennsylvania State Police to be of
    23     sufficient scope and duration to provide the participant with
    24     basic training in the use and handling of firearms. The
    25     department may provide for such firearms training for dog
    26     wardens.]                                                      <--
    27     (b.3)  Application of section to prior dog wardens.--
    28         (1)  Any dog warden or employee of the department who,
    29     prior to the effective date of this act, has successfully
    30     completed a training program similar to that required under
    20080H2525B4524                 - 93 -     

     1     subsection [(b)] (b.1) shall, after review by the secretary,
     2     be certified as having met the training requirements of this
     3     act. Any dog warden or employee of the department who, prior
     4     to the effective date of this act, has not successfully
     5     completed a training program similar to that required under
     6     subsection [(b)] (b.1) may continue to perform the duties of
     7     a dog warden until the person has successfully completed the
     8     required training program, but not longer than two years from
     9     the effective date of this act.
    10         (2)  [Any dog warden or employee of the department who,    <--
    11     prior to the effective date of this act, has not received
    12     approval of the secretary and been certified in the use and
    13     handling of firearms pursuant to one or more of the acts set
    14     forth in subsection (b.2)(1), (2) and (3) shall not carry or
    15     possess a firearm in the performance of the duties of a dog
    16     warden on or after the effective date of this act until the
    17     person has, under subsection (b.2), received approval of the
    18     secretary and been certified in the use and handling of
    19     firearms.] (RESERVED).                                         <--
    20     (b.4)  Refusal, suspension or revocation authorized.--The
    21  department may refuse to employ a person to act as a dog warden
    22  or may suspend or revoke the employment of a person who is
    23  acting as a dog warden if the department determines that the
    24  person has:
    25         (1)  Failed to satisfy the training requirements of
    26     subsection (b.1).
    27         (2)  Had a criminal history record which would disqualify
    28     the applicant from becoming a law enforcement officer.
    29         (3)  Been convicted of violating 18 Pa.C.S. § 5301
    30     (relating to official oppression).
    20080H2525B4524                 - 94 -     

     1     (b.5)  Additional grounds.--The department may refuse to
     2  employ a person to act as a dog warden or other employee charged
     3  with the enforcement of this act or may suspend or revoke the
     4  employment of a person who is acting as a dog warden or is
     5  charged with the enforcement of this act if the department
     6  determines that the person has:
     7         (1)  Made a false or misleading statement in the
     8     application for employment.
     9         (2)  Carried or possessed a firearm in the performance of
    10     his or her duties without certification pursuant to
    11     subsection (b.2).
    12         (3)  Engaged in conduct which constitutes a prima facie
    13     violation of 18 Pa.C.S. [§ 5301] §§ 5301 and 5511 (relating
    14     to cruelty to animals).
    15         (4)  Knowingly failed to enforce any of the provisions of
    16     this act.
    17         (5)  Violated any of the provisions of this act.
    18     (b.6)  Training available to others.--The department may
    19  provide training under subsections (b.1) and (b.2) to any person
    20  not employed by the department and may charge a reasonable fee
    21  to cover the costs incurred for providing this service. Training
    22  for any person not employed by the department need not include
    23  instruction in kennel inspection procedures.
    24     (c)  Advisory board.--The secretary shall appoint a Dog Law
    25  Advisory Board to advise [him] the secretary in the
    26  administration of this act. The board shall consist of the
    27  following[:], who shall either be a resident of this
    28  Commonwealth or an organization of this Commonwealth:
    29         (1)  The secretary or his designee, who shall act as
    30     chairman.
    20080H2525B4524                 - 95 -     

     1         (2)  A representative of animal research establishments.
     2         (3)  A representative of a Statewide veterinary medical
     3     association.
     4         (4)  Two representatives of animal welfare organizations.
     5         (5)  Three representatives of farm organizations, with
     6     one from each Statewide general farm organization.
     7         (6)  A representative of dog clubs.
     8         (7)  A representative of commercial kennels.
     9         (8)  A representative of pet store kennels.
    10         (9)  A representative of sportsmen.
    11         (10)  A representative of a national purebred canine
    12     pedigree registry.
    13         (11)  A representative of lamb and wool growers.
    14         (12)  A county treasurer.
    15         (13)  A representative of hunting-sporting dog
    16     organizations.
    17         (14)  A representative of the police.
    18         (15)  A representative of boarding kennels.
    19         (16)  Seven members representing the general public who
    20     are recommended by the Governor.
    21     (d)  Terms.--The length of the initial term of each
    22  appointment to the board shall be set by the secretary and shall
    23  be staggered so that the terms of approximately one-third of the
    24  appointments expire each year.
    25     (e)  Absences.--Three consecutive unexcused absences from
    26  regular board meetings or failure to attend at least 50% of the
    27  regularly scheduled board meetings in any calendar year shall be
    28  considered cause for termination of appointment unless the
    29  secretary, upon written request of the member, finds that the
    30  member should be excused from attending a meeting because of
    20080H2525B4524                 - 96 -     

     1  illness or death of a family member or for a similar emergency.
     2     (f)  Vacancies.--Vacancies in the membership of the board
     3  shall be filled for the balance of an unexpired term in the same
     4  manner as the original appointment.
     5     (g)  Recommendations.--The board may make nonbinding
     6  recommendations to the secretary on all matters related to the
     7  provisions of this act.
     8     Section 17.  Section 903 of the act, amended December 11,      <--
     9  1996 (P.L.943, No.151), is amended to read:
    10  Section 903.  [Violations.
    11     Unless heretofore provided, any person found in violation of
    12  any provision of Article II through Article VIII of this act
    13  shall be guilty of a summary offense for the first violation and
    14  for a second and subsequent violation which occurs within one
    15  year of sentencing for the first violation shall be guilty of a
    16  misdemeanor of the third degree.] Enforcement and penalties.
    17     (a)  Civil penalty.--
    18         (1)  Where the department finds that the first violation
    19     of a provision of this act or a rule or regulation adopted
    20     under this act by a kennel owner or operator has occurred, it
    21     will, for the violations found during that inspection, issue
    22     a Notice of Violation (NOV) to the kennel owner or operator
    23     in lieu of assessing a civil penalty. Where the kennel owner
    24     or operator takes action in the time period provided in the
    25     NOV to correct the violation set forth in the NOV and come
    26     into compliance, no civil penalty shall be issued for a
    27     violation which is corrected. The time period to come into
    28     compliance shall be based on the time reasonably necessary to
    29     correct the violation.
    30         (2)  (i)  The department may assess a civil penalty of
    20080H2525B4524                 - 97 -     

     1         not less than $100 nor more than $1,000 per day for each
     2         offense where the kennel owner or operator:
     3                 (A)  has not taken the remedial measures required
     4             by and necessary to comply with the NOV issued under
     5             paragraph (1); or
     6                 (B)  where the kennel owner or operator has
     7             already been issued one NOV in any calendar year and
     8             the department finds a subsequent violation of this
     9             act or a rule or regulation adopted under this act.
    10             (ii)  In determining the amount of the penalty, the
    11         department shall set forth in writing the basis for the
    12         amount of the penalty, detailing its evaluation of the
    13         impact of the following factors:
    14                 (A)  The gravity of the violation.
    15                 (B)  The potential harm to the public.
    16                 (C)  The potential effect on the dog or dogs.
    17                 (D)  The willfulness of the violation.
    18                 (E)  Previous violations.
    19                 (F)  The economic benefit to the person for
    20             failing to comply with this act or rules or
    21             regulations adopted under this act.
    22             (iii)  The department shall provide written notice of
    23         the penalty amount as well as the general factual and
    24         legal basis for the penalty, and shall advise the
    25         affected person that within ten 20 days of receipt of the  <--
    26         notice he may file with the secretary a written request
    27         for an administrative hearing. Unless a timely request
    28         has been filed, the written notice shall become final.
    29         EACH PERSON ASSESSED A PENALTY SHALL BE GIVEN NOTICE AND   <--
    30         OPPORTUNITY FOR A HEARING ON THE PENALTY ASSESSMENT IN
    20080H2525B4524                 - 98 -     

     1         ACCORDANCE WITH THE PROVISIONS OF 2 PA.C.S. CHS. 5 SUBCH.
     2         A (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH
     3         AGENCIES) AND 7 SUBCH. A (RELATING TO JUDICIAL REVIEW OF
     4         COMMONWEALTH AGENCY ACTION).
     5         (3)  In cases of inability to collect the civil penalty
     6     or failure of any person to pay all or a portion of the
     7     penalty, the department may refer the matter to the Office of
     8     General Counsel or the Office of Attorney General, which
     9     shall institute an action in the appropriate court to recover
    10     the penalty.
    11     (b)  Criminal penalties.--Unless otherwise provided under
    12  this act, a person who violates a provision of Articles II
    13  through VII or a rule or regulation adopted or order issued
    14  under this act commits the following:
    15         (1)  For the first offense, a summary offense and shall,
    16     upon conviction, be sentenced for each offense to pay a fine
    17     of not less than $100 nor more than $500 or to imprisonment
    18     for not more than 90 days, or both.
    19         (2)  For a subsequent offense that occurs within one year
    20     of sentencing for the prior violation, a misdemeanor of the
    21     third degree and shall, upon conviction, be sentenced for
    22     each offense to pay a fine of not less than $500 nor more
    23     than $1,000 plus costs of prosecution or to imprisonment of
    24     not more than one year, or both.
    25         (3)  Upon conviction for an offense, as set forth in
    26     paragraphs (1) and (2), and solely for the purpose of
    27     determining the amount of the fine to be imposed for each
    28     offense or the term of imprisonment, or both, the court shall
    29     consider the following factors:
    30             (i)  The gravity of the offense.
    20080H2525B4524                 - 99 -     

     1             (ii)  The potential effect of the offense on the dog
     2         or dogs.
     3             (iii)  The number of dogs affected or endangered by
     4         the offense.
     5             (iv)  The person's criminal history, including past
     6         violations of this act.
     7             (v)  The economic benefit to the person for failing
     8         to comply with this act or a rule or regulation adopted
     9         thereunder.
    10     (c)  Representation.--Upon prior authorization and approval
    11  of the district attorney for the county in which the proceeding
    12  is held, a State dog warden may be represented in any proceeding
    13  under this section by an attorney employed by the Office of
    14  General Counsel.
    15     (d)  Civil remedies.--In addition to any other remedies set
    16  forth under this act, a violation of this act or the regulations
    17  promulgated under this act shall be abatable in the manner
    18  provided by law or equity.
    19     (e)  Equitable relief.--In cases where the circumstances
    20  require it, a mandatory preliminary injunction, special
    21  injunction or temporary restraining order may be issued upon the
    22  terms prescribed by the court, provided such notice of the
    23  application has been given to the respondent in accordance with
    24  the rules of equity practice. In any such proceeding, the court
    25  shall issue a prohibitory or mandatory injunction if it finds
    26  that the respondent is engaging in unlawful conduct as defined
    27  under this act or is engaging in conduct which is causing
    28  immediate and irreparable harm to the public. In addition to the
    29  injunction, the court in such equity proceeding may assess civil
    30  penalties in accordance with this section.
    20080H2525B4524                 - 100 -    

     1     (f)  Penalties collected.--All civil penalties collected
     2  under this act shall be remitted to the Dog Law Restricted
     3  Account.
     4     (g)  Limitation on penalty.--A violation of this act cannot
     5  result in the issuance of both a civil penalty under subsection
     6  (a)(2) and the pursuit of a criminal penalty under subsection
     7  (b).
     8     (h)  Violation.--Each day there is a violation may count as a
     9  separate violation of the act.
    10     Section 18 17.  The act is amended by adding a section to      <--
    11  read:
    12  Section 908.  Exemption.
    13     Research kennels in this Commonwealth that are currently
    14  registered with and inspected by the Federal Government under
    15  the Animal Welfare Act (Public Law 89-544, 7 U.S.C. § 2131 et
    16  seq.) shall be exempt from this act and regulations promulgated
    17  under this act if they can provide documentation to the
    18  department demonstrating that the research kennel has undergone
    19  at least one Federal inspection in the last 12 months and the
    20  research kennel sill maintains a valid Federal registration.
    21  Submission of such evidence of Federal inspection and
    22  registration by documentation to the department may be
    23  established by regulation.
    24     Section 19 18.  The definition of "releasing agency" in        <--
    25  section 901-A of the act, added December 11, 1996 (P.L.943,
    26  No.151), is amended to read:
    27  Section 901-A.  Definitions.
    28     The following words and phrases when used in this article
    29  shall have the meanings given to them in this section unless the
    30  context clearly indicates otherwise:
    20080H2525B4524                 - 101 -    

     1     * * *
     2     "Releasing agency."  A public or private pound, animal
     3  shelter, humane society, society for the prevention of cruelty
     4  to animals, rescue network kennel or other similar entity that
     5  releases a dog or cat for adoption.
     6     * * *
     7     Section 20 19.  This act shall take effect as follows:         <--
     8         (1)  The following provisions shall take effect            <--
     9     immediately:
    10             (i)  This section.
    11             (ii)  The addition of section 207(h)(17).
    12         (2)  The addition of section 207(h)(1) through (16) and
    13     (i) of the act shall take effect in 180 days.
    14         (1)  THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IN ONE     <--
    15     YEAR:
    16             (I)  THE ADDITION OF SECTION 207(H)(1) THROUGH (16)
    17         OF THE ACT.
    18             (II)  EXCEPT AS SET FORTH IN PARAGRAPH (2)(II), THE
    19         ADDITION OF SECTION 207(I) OF THE ACT.
    20         (2)  THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
    21     IMMEDIATELY:
    22             (I)  THE ADDITION OF SECTION 207(H)(17) AND (18) OF
    23         THE ACT.
    24             (II)  THE ADDITION OF SECTION 207(I)(6)(X)(B) AND (J)
    25         OF THE ACT.
    26             (III)  THE ADDITION OF SECTION 221 OF THE ACT.
    27             (IV)  THIS SECTION.
    28         (3)  The remainder of this act shall take effect in 60
    29     days.

    D29L03RLE/20080H2525B4524       - 102 -