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PRINTER'S NO. 2696
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1917
Session of
2017
INTRODUCED BY RYAN, CAUSER, COOK, COX, CUTLER, DAY, DIAMOND,
GILLEN, HEFFLEY, JOZWIAK, KEEFER, M. K. KELLER, KNOWLES,
MACKENZIE, MUSTIO, NELSON, RADER, SANKEY, TALLMAN, WARD AND
WARNER, NOVEMBER 13, 2017
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
NOVEMBER 13, 2017
AN ACT
Amending Title 22 (Detectives and Private Police) of the
Pennsylvania Consolidated Statutes, in humane society police
officers, further providing for qualifications for
appointment, for suspension, revocation, limitation and
restriction of appointment and restoration of appointment,
for training program, for continuing education program and
for Statewide registry, and providing for applicability of
Right-to-Know Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3705 and 3706(a) of Title 22 of the
Pennsylvania Consolidated Statutes are amended by adding
paragraphs to read:
§ 3705. Qualifications for appointment.
In order for an individual to be considered for appointment
as a humane society police officer, the society or association
must submit proof satisfactory to the court of common pleas and
the district attorney in each county for which the society or
association directs the individual to act as a humane society
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police officer that the individual:
* * *
(7) Has not had an appointment as a humane society
police officer revoked in another county or another state
§ 3706. Suspension, revocation, limitation and restriction of
appointment; restoration of appointment.
(a) Grounds for suspension, revocation, limitation or
restriction.--By its own action, on petition by a district
attorney or pursuant to a written affidavit filed by a
complainant, the court of common pleas may, after conducting a
hearing, suspend, revoke, limit or restrict an appointment of an
individual to act as a humane society police officer in the
county if the court determines any of the following:
* * *
(6) The individual is not a resident of this
Commonwealth.
(7) The individual has had an appointment as a humane
society police officer revoked in another county or another
state.
* * *
Section 2. Sections 3712(d) and 3713 of Title 22 are amended
to read:
§ 3712. Training program.
* * *
(d) Curriculum.--The program for the training of humane
society police officers shall provide instruction in the
following instructional areas:
(1) At least [36] 72 hours of instruction shall be
provided on the following:
(i) Pennsylvania cruelty to animal laws.
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(ii) Pennsylvania Rules of Criminal Procedure.
(iii) [Care and treatment of animals.] Proper
procedure for filing citations and warrants, including
how and when to contact Federal, State or local law
enforcement.
(iv) Proper execution of search warrants.
(v) Proper search and seizure practices.
(vi) Any other areas relating to law enforcement
duties.
(2) At least [24] 48 hours of instruction shall be
provided on the following:
(i) Animal husbandry practices constituting normal
agricultural operation.
(ii) Practices accepted in the agricultural industry
in the raising, keeping and production of agricultural
animals.
(iii) Characteristics of agricultural animals likely
evidencing care that is in violation of the cruelty to
animal laws.
(iv) Proper care, treatment and handling of
agricultural and other animals pursuant to enforcement of
the cruelty to animals laws.
(v) Treatments administered and research conducted
during the normal scope of veterinarian practices.
(vi) Agricultural biosecurity protocols.
(vii) General farm orientation and security
practices.
(viii) Farm hazards, including protocols to be
performed by the humane society police officer in
detecting the presence of manure pits, silos,
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agricultural pesticides and chemicals and other
conditions on farm premises that may cause serious harm
to health or safety of individuals or farm animals or
extensive damage to farm property and precautionary
measures to be taken for prevention of harm or damage.
(ix) Farm and rural culture, including the high
priority that residents commonly place on protection of
property and the commonly perceived risk that
unanticipated entrants may pose to residents and
property, and protocols to be followed by the humane
society police officer in deescalating contentious
encounters with residents.
(3) In conducting the training listed in paragraph (2),
the program of instruction shall include at least one on-site
visit to a commercial farm operation that is at least ten
acres in contiguous area.
* * *
§ 3713. Continuing education program.
(a) Required training.--During each [two-year] annual period
following the date in which an individual has been initially
appointed as a humane society police officer, the individual
shall successfully complete the minimum requirements for
additional training prescribed in the program for continuous
education of humane society police officers established in
accordance with subsections (b), (c), (d) and (e).
(b) Contracts.--
(1) The secretary, with the advice of the board, shall
contract with an accredited college or university, including
a community college or other public or private entity, for
the establishment of a continuing education program for the
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training of individuals to act as humane society police
officers.
(2) The contracted entity shall forward information
pertaining to an individual's successful completion of the
continuing education program to the department for the
purpose of maintaining the Statewide registry established
pursuant to section 3714 (relating to Statewide registry.)
(c) Minimum requirements.--The continuing education program
for the training of humane society police officers shall include
at a minimum [ten] 20 hours of instruction in accordance with
subsection (d).
(d) Curriculum.--The program for the training of humane
society police officers shall provide instruction in the
following instructional areas:
(1) At least [six] 12 hours of instruction shall be
provided on the following:
(i) Pennsylvania cruelty to animals laws.
(ii) Pennsylvania Rules of Criminal Procedure.
(iii) [Care and treatment of animals.] Proper
procedure for filing citations and warrants, including
how and when to contact Federal, State or local law
enforcement.
(iv) Proper completion of search warrants.
(v) Proper search and seizure practices.
(vi) Any other areas relating to law enforcement
duties.
(2) At least [four] eight hours of instruction shall be
provided on the following:
(i) Animal husbandry practices constituting normal
agricultural operation.
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(ii) Practices accepted in the agricultural industry
in the raising, keeping and production of agricultural
animals.
(iii) Characteristics of agricultural animals likely
evidencing care that is in violation of the cruelty to
animals laws.
(iv) Proper care, treatment and handling of
agricultural and other animals pursuant to enforcement of
the cruelty to animals laws.
(v) Treatments administered and research conducted
during the normal scope of veterinarian practices.
(vi) Agricultural biosecurity protocols.
(vii) General farm orientation and security
practices.
(viii) Farm hazards, including protocols to be
performed by the humane society police officer in
detecting the presence of manure pits, silos,
agricultural pesticides and chemicals and other
conditions on farm premises that may cause serious harm
to health or safety of individuals or farm animals or
extensive damage to farm property and precautionary
measures to be taken for prevention of harm or damage.
(ix) Farm and rural culture, including the high
priority that residents commonly place on protection of
property and the commonly perceived risk that
unanticipated entrants may pose to residents and
property, and protocols to be followed by the humane
society police officer in deescalating contentious
encounters with residents.
(3) In conducting the training listed in paragraph (2),
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the program of instruction shall include at least one on-site
visit to a commercial farm operation that is at least ten
acres in contiguous area.
(e) Automatic suspension.--
(1) Failure to complete the continuing education program
as prescribed in subsection (a) shall result in an
individual's automatic suspension of the powers and authority
set forth in section 3708 (relating to powers and authority;
jurisdiction) until such time as the individual successfully
completes the continuing education requirements.
(2) The department shall notify, within one week of the
suspension, the court of common pleas and district attorney
of each county to which the individual is appointed as a
humane society police officer of the suspension.
Section 3. Section 3714 of Title 22 is amended by adding
subsections to read:
§ 3714. Statewide registry.
* * *
(a.1) Inclusion in registry.--A humane society police
officer shall make, upon appointment, an application to the
department for inclusion in the registry on a form provided by
the department. The application shall include confirmation of
the appointment by the court of common pleas, proof of
completion of the necessary education, a criminal history report
from the Pennsylvania State Police under 18 Pa.C.S. Ch. 91
(relating to criminal history record information), and a
registration fee of $50.
(a.2) Renewals.--A humane society police officer shall apply
for renewal of inclusion in the registry every two years on the
anniversary of the date of appointment as a humane society
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police officer. The renewal shall occur in a form and manner as
determined by the department and shall include proof of
completion of the continuing education required under section
3713 (relating to continuing education program), a criminal
history report from the Pennsylvania State Police under 18
Pa.C.S. Ch. 91, and a renewal fee of $50.
* * *
(e) Automatic suspension.--
(1) If an individual who is a humane society police
officer fails to apply for inclusion in the registry as
prescribed in subsection (a), the individual's powers and
authority specified in section 3708 (relating to powers and
authority; jurisdiction) shall be immediately suspended until
such time as the individual successfully completes the
application for registration or renewal of registration. The
department shall notify the court of common pleas and
district attorney of each county to which the individual is
appointed as a humane society police officer of the
suspension.
(2) If an individual who is a humane society police
officer fails to renew within 30 days of the anniversary of
appointment, the department shall provide notice to the
individual that the individual has 90 days to complete the
renewal and mark the individual as suspended in the registry.
The department shall notify the court of common pleas and
district attorney of each county to which the individual is
appointed as a humane society police officer of the
suspension.
Section 4. Title 22 is amended by adding a section to read:
§ 3719. Applicability of Right-to-Know Law.
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A society or association shall be subject to the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law,
and considered to be a "local agency" under that act.
Section 5. This act shall take effect in 60 days.
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