PRIOR PRINTER'S NO. 2612 PRINTER'S NO. 2829
No. 2097 Session of 1995
INTRODUCED BY BUNT, VEON, FICHTER, PHILLIPS, KREBS, COLAFELLA,
B. SMITH, READSHAW, SATHER, NAILOR, HERSHEY, TRUE, LYNCH,
SAYLOR, PETTIT, ROONEY, GANNON, L. I. COHEN, HALUSKA,
STABACK, GRUPPO, BARD, MELIO, SEMMEL, TRELLO, McGILL,
BELARDI, E. Z. TAYLOR, CIVERA AND ADOLPH, OCTOBER 17, 1995
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 21, 1995
AN ACT
1 Amending the act of December 7, 1982 (P.L.784, No.225), entitled
2 "An act relating to dogs, regulating the keeping of dogs;
3 providing for the licensing of dogs and kennels; providing
4 for the protection of dogs and the detention and destruction
5 of dogs in certain cases; regulating the sale and
6 transportation of dogs; declaring dogs to be personal
7 property and the subject of theft; providing for the
8 assessment of damages done to livestock, poultry and domestic
9 game birds; providing for payment of damages by the
10 Commonwealth in certain cases and the liability of the owner
11 or keeper of dogs for such damages; imposing powers and
12 duties on certain State and local officers and employees;
13 providing penalties; and creating a Dog Law Restricted
14 Account," further providing for law enforcement dogs AND FOR <--
15 THE DOG LAW ADVISORY BOARD; AND PROVIDING FOR ANNUAL REPORTS.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 602 of the act of December 7, 1982 <--
19 (P.L.784, No.225), known as the Dog Law, amended May 31, 1990
20 (P.L.211, No.45), is amended to read:
21 SECTION 1. SECTION 102 OF THE ACT OF DECEMBER 7, 1982 <--
22 (P.L.784, NO.225), KNOWN AS THE DOG LAW, IS AMENDED BY ADDING
1 DEFINITIONS TO READ:
2 SECTION 102. DEFINITIONS.
3 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
4 HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
5 MEANINGS GIVEN TO THEM IN THIS SECTION:
6 "ACCELERANT DETECTION DOG." ANY DOG WHICH IS USED
7 EXCLUSIVELY FOR ACCELERANT DETECTION, COMMONLY REFERRED TO AS
8 ARSON CANINES.
9 * * *
10 "SEARCH AND RESCUE DOG." ANY DOG WHICH IS TRAINED TO LOCATE
11 LOST OR MISSING PERSONS, VICTIMS OF NATURAL OR MAN-MADE
12 DISASTERS AND HUMAN BODIES.
13 * * *
14 SECTION 2. SECTION 602 OF THE ACT, AMENDED MAY 31, 1990
15 (P.L.211, NO.45), IS AMENDED TO READ:
16 Section 602. Dogs used for law enforcement.
17 (a) Illegal to taunt law enforcement dogs.--It shall be
18 unlawful for any person to willfully and maliciously taunt,
19 torment, tease, beat, kick or strike any dog, INCLUDING ANY <--
20 SEARCH AND RESCUE OR ACCELERANT DETECTION DOG, used by any
21 municipal or State police department [or agency], FIRE <--
22 DEPARTMENT OR AGENCY OR HANDLER UNDER THE SUPERVISION OF SUCH
23 DEPARTMENT OR AGENCY, in the performance of the functions or
24 duties of such department or agency or to commit any of the
25 stated acts in the course of interfering with any such dog used
26 by the department or agency or any member OR SUPERVISED HANDLER <--
27 thereof in the performance of the functions or duties of the
28 department or agency or of such officer or member OR SUPERVISED <--
29 HANDLER. Any person who violates any of the provisions of this
30 subsection commits a [misdemeanor] felony of the [second] third
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1 degree.
2 (b) Illegal to torture certain dogs.--It shall be unlawful
3 for any person to willfully or maliciously torture, mutilate,
4 injure, disable, poison or kill any dog, INCLUDING ANY SEARCH <--
5 AND RESCUE OR ACCELERANT DETECTION DOG, used by any municipal or
6 State police department [or agency], FIRE DEPARTMENT OR AGENCY <--
7 OR HANDLER UNDER THE SUPERVISION OF SUCH DEPARTMENT OR AGENCY,
8 in the performance of the functions or duties of the department
9 or agency or to commit any of the stated acts in the course of
10 interfering with any such dog used by the department or agency
11 or any member OR SUPERVISED HANDLER thereof in the performance <--
12 of any of the functions or duties of the department or agency or
13 of such officer or member OR SUPERVISED HANDLER. Any person who <--
14 violates any of the provisions of this subsection commits a
15 [misdemeanor] felony of the [first] third degree.
16 (c) Illegal to deny facilities or service due to police dog
17 use.--It shall be unlawful for the proprietor, manager or
18 employee of a theater, hotel, motel, restaurant or other place
19 of entertainment, amusement or accommodation to refuse, withhold
20 from or deny to any person, due to the use of a working police
21 dog used by any State or municipal police department or agency,
22 either directly or indirectly, any of the accommodations,
23 advantages, facilities or privileges of the theater, hotel,
24 motel, restaurant or other place of public entertainment,
25 amusement or accommodation. Any person who violates any of the
26 provisions of this subsection commits a misdemeanor of the third
27 degree.
28 (d) Quarantine of certain dogs not required.--Quarantine of
29 dogs as required by law shall not apply to dogs owned by any
30 municipal or State police department or agency when such dogs
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1 are under the direct supervision and care of a police officer
2 and subject to routine veterinary care.
3 SECTION 3. SECTION 901(C) OF THE ACT IS AMENDED TO READ: <--
4 SECTION 901. ENFORCEMENT OF THIS ACT BY THE SECRETARY OF
5 AGRICULTURE; PROVISIONS FOR INSPECTIONS.
6 * * *
7 (C) ADVISORY BOARD.--THE SECRETARY SHALL APPOINT A DOG LAW
8 ADVISORY BOARD TO ADVISE HIM IN THE ADMINISTRATION OF THIS ACT.
9 THE BOARD SHALL CONSIST OF ONE REPRESENTATIVE FROM EACH OF THE
10 FOLLOWING: PENNSYLVANIA VETERINARIAN MEDICAL ASSOCIATION,
11 FEDERATION OF HUMANE SOCIETIES, SPORTSMEN'S ASSOCIATION,
12 PENNSYLVANIA LEGISLATIVE ANIMAL NETWORK, DOG CLUBS, ANIMAL
13 RESEARCH ESTABLISHMENTS, DOG DEALERS, PENNSYLVANIA FARMERS
14 ASSOCIATION, STATE GRANGE, LAMB AND WOOL GROWERS, AN ASSOCIATION
15 WHICH REPRESENTS THE OWNERS OF HUNTING DOGS AND POULTRY FARMERS
16 ASSOCIATIONS. THE BOARD SHALL BE CHAIRED BY THE SECRETARY OR HIS
17 DESIGNEE AND SHALL CONVENE WHEN CALLED BY THE SECRETARY.
18 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
19 SECTION 906. REPORTS TO GENERAL ASSEMBLY.
20 (A) ANNUAL REPORT.--ON OR BEFORE MARCH 1 OF EACH YEAR, THE
21 SECRETARY OF AGRICULTURE SHALL PROVIDE A REPORT TO THE
22 AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE SENATE AND THE
23 AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE HOUSE OF
24 REPRESENTATIVES WHICH SHALL DESCRIBE ALL RELEVANT ACTIVITIES OF
25 THE DEPARTMENT FOR THE PRECEDING CALENDAR YEAR PURSUANT TO THIS
26 ACT. THE REPORT SHALL CONTAIN, AT A MINIMUM, THE FOLLOWING:
27 (1) THE NUMBER OF STATE DOG WARDENS BY COUNTY.
28 (2) THE NUMBER OF DOG LICENSES ISSUED BY COUNTY.
29 (3) THE NUMBER OF KENNEL LICENSES ISSUED IN EACH KENNEL
30 CLASS BY COUNTY.
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1 (4) THE NUMBER OF OUT-OF-STATE KENNEL LICENSES ISSUED BY
2 THE DEPARTMENT.
3 (5) THE TOTAL MONEYS COLLECTED FROM LICENSE FEES, FINES
4 AND PENALTIES.
5 (6) A SUMMARY OF DOG LAW ENFORCEMENT ACTIVITY BY REGION,
6 WHICH SHALL INCLUDE THE TOTAL NUMBER OF KENNEL INSPECTIONS
7 PERFORMED BY KENNEL CLASS; THE NUMBER OF DOGS KEPT AT EACH
8 INSPECTED KENNEL; AND THE COUNTY OF LOCATION.
9 (7) THE NUMBER OF KENNEL LICENSES, INCLUDING OUT-OF-
10 STATE KENNEL LICENSES, REFUSED, REVOKED OR SUSPENDED AND THE
11 REASONS FOR SUCH REFUSALS, REVOCATIONS AND SUSPENSIONS.
12 (8) THE NUMBER OF CITATIONS ISSUED BY COUNTY AND THE
13 DISPOSITION OF EACH CITATION.
14 (9) THE NUMBER OF DOGS SEIZED AND DETAINED AND THE
15 DISPOSITION OF SUCH DOGS.
16 (10) THE TOTAL PAYMENTS MADE BY THE DEPARTMENT FROM THE
17 DOG LAW RESTRICTED ACCOUNT AND THE REASONS FOR SUCH PAYMENTS.
18 (11) RECOMMENDATIONS TO IMPROVE THE ADMINISTRATION AND
19 ENFORCEMENT OF THIS ACT WHEN APPLICABLE.
20 (B) ADDITIONAL REPORT.--WITHIN 60 DAYS AFTER THE EFFECTIVE
21 DATE OF THIS ACT, THE SECRETARY OF AGRICULTURE SHALL SUBMIT A
22 REPORT TO THE AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE
23 SENATE AND THE AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE
24 HOUSE OF REPRESENTATIVES WHICH SHALL CONTAIN THE FOLLOWING:
25 (1) A SUMMARY OF THE INTERNAL ACCOUNTING CONTROLS
26 IMPLEMENTED TO ASSURE THAT NO PAYROLL EXPENDITURES OTHER THAN
27 THOSE RELATED TO THE ADMINISTRATION OF THIS ACT ARE CHARGED
28 TO THE DOG LAW RESTRICTED ACCOUNT.
29 (2) A SUMMARY OF THE PROCEDURES IMPLEMENTED TO MONITOR
30 THE MONTHLY ACTIVITY REPORTS OF STATE DOG WARDENS TO ASSURE
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1 THAT SUCH REPORTS ACCURATELY REFLECT WORK WHICH HAS BEEN
2 PERFORMED AND THAT THERE IS APPROPRIATE SUPPORTING
3 DOCUMENTATION FOR THE REPORTS.
4 (3) A SUMMARY OF THE INSPECTION OF COUNTY OR HUMANE
5 ORGANIZATION DOG CONTROL FACILITIES WHICH RECEIVED STATE
6 MONEY UNDER THE GRANT PROGRAM ESTABLISHED PURSUANT TO SECTION
7 1002 TO ASSURE THAT SUCH FACILITIES ARE IN COMPLIANCE WITH
8 ALL GUIDELINES, CONDITIONS OR APPLICABLE REGULATIONS OF THE
9 DEPARTMENT REGARDING THE USAGE OF SUCH MONEY AND WITH ANY
10 OTHER REQUIREMENTS OF THE GRANT PROGRAM.
11 Section 2 5. This act shall take effect in 60 days. <--
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