AN ACT

 

1Amending the act of December 7, 1982 (P.L.784, No.225),
2entitled, as amended, "An act relating to dogs, regulating
3the keeping of dogs; providing for the licensing of dogs and
4kennels; providing for the protection of dogs and the
5detention and destruction of dogs in certain cases;
6regulating the sale and transportation of dogs; declaring
7dogs to be personal property and the subject of theft;
8providing for the abandonment of animals; providing for the
9assessment of damages done to animals; providing for payment
10of damages by the Commonwealth in certain cases and the
11liability of the owner or keeper of dogs for such damages;
12imposing powers and duties on certain State and local
13officers and employees; providing penalties; and creating a
14Dog Law Restricted Account," further providing for
15definitions and for revocation or refusal of kennel licenses.

16The General Assembly of the Commonwealth of Pennsylvania
17hereby enacts as follows:

18Section 1. Section 102 of the act of December 7, 1982
19(P.L.784, No.225), known as the Dog Law, is amended by adding a
20definition to read:

21Section 102. Definitions.

22The following words and phrases when used in this act shall
23have, unless the context clearly indicates otherwise, the
24meanings given to them in this section:

1* * *

2"Immediate family." Includes a spouse, child, parent,
3brother, sister, grandparent and grandchild and a spouse
4thereof, a domestic partner and any other individual related by
5blood or affinity whose close association with the licensee is
6the equivalent of a family relationship.

7* * *

8Section 2. Section 211(a) introductory paragraph, amended 
9October 9, 2008 (P.L.1450, No.119), is amended to read:

10Section 211. Revocation or refusal of kennel licenses.

11(a) General powers of secretary.--The secretary shall revoke
12a kennel license, dealer license or out-of-state dealer license
13if a licensee is convicted of a violation of 18 Pa.C.S. § 5511
14(relating to cruelty to animals) or of substantially similar
15conduct pursuant to a cruelty law of another state. The
16secretary shall not issue a kennel license, dealer license or
17out-of-state dealer license to a person that has been convicted
18of a violation of 18 Pa.C.S. § 5511 within the last ten years
19nor to a person who is a member of the immediate family of the 
<-20convicted licensee who seeks to operate a kennel at the same 
21location as the convicted licensee. The secretary may revoke or 
22refuse to <-convicted person who seeks to operate a kennel at the 
23same location as the convicted person unless the immediate 
24family member shows by clear and convincing evidence that the 
25convicted person will have no ownership interest in the kennel 
26and play no role in the care of the dogs or management of the 
27kennel. If the secretary subsequently determines that the 
28convicted person has ownership interest, cares for the dogs or 
29manages the kennel, the license to operate the kennel shall be 
30permanently revoked. The secretary may revoke or refuse to issue

1a kennel license, dealer license or out-of-state dealer license
2for any one or more of the following reasons:

3* * *

4Section 3. This act shall take effect in 60 days.