PRIOR PRINTER'S NOS. 630, 2080 PRINTER'S NO. 2279
No. 562 Session of 1985
INTRODUCED BY HELFRICK, MADIGAN AND SHUMAKER, MARCH 20, 1985
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
JUNE 24, 1986
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," requiring that dogs be vaccinated against rabies as
15 a condition for licensure; and authorizing the department to <--
16 establish antirabies clinics; AND MAKING AN APPROPRIATION. <--
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 201 of the act of December 7, 1982
20 (P.L.784, No.225), known as the Dog Law, is amended by adding
21 subsections to read:
22 Section 201. Applications for licenses; fees; county treasurers
23 as agents.
24 * * *
1 (a.1) Rabies vaccination required.--Each applicant for an
2 annual license shall, in addition to the information required by
3 subsection (a), present to the county treasurer, or his
4 authorized agent, proof, acceptable to the department, that the
5 dog has been adequately vaccinated by or under the supervision
6 of a licensed veterinarian against rabies. The department shall
7 recognize that rabies vaccine is effective for three years. No
8 annual license shall be issued for any dog without proof of
9 adequate vaccination.
10 * * *
11 (b.1) Rabies vaccinations for dogs with lifetime licenses.--
12 Each applicant for a lifetime license shall, at the time of
13 application for the license, in addition to the information
14 required by subsection (b), present to the county treasurer, or
15 his authorized agent, proof, acceptable to the department, that
16 the dog has been adequately vaccinated by or under the
17 supervision of a licensed veterinarian against rabies. No
18 lifetime license shall be issued for any dog without proof of
19 adequate vaccination. As a condition for a lifetime license to
20 remain valid, the owner of the dog for which such a license has
21 been issued shall, within three years from the original date of
22 issue, and within each three-year period thereafter, present to
23 the county treasurer proof, acceptable to the department, that
24 the dog has been adequately vaccinated by or under the
25 supervision of a licensed veterinarian against rabies. Any
26 county treasurer failing to receive the required proof within
27 any such three-year period shall mail a notice to the dog owner
28 informing him that the license has been suspended and that, for
29 all purposes of this act, the dog is an unlicensed dog until
30 such time as proof is presented that the dog has been adequately
19850S0562B2279 - 2 -
1 vaccinated by or under the supervision of a licensed
2 veterinarian against rabies.
3 (C) VACCINATION BY CERTAIN OWNERS.--ANY PERSON TO WHOM A <--
4 PRIVATE KENNEL LICENSE OR BREEDING KENNEL LICENSE HAS BEEN
5 ISSUED PURSUANT TO SECTION 206, OR ANY OTHER PERSON WHO OWNS AND
6 KEEPS AT LEAST FIVE BUT LESS THAN 26 DOGS, MAY MAKE APPLICATION
7 TO THE DEPARTMENT FOR AUTHORIZATION TO VACCINATE DOGS WHICH HE
8 OWNS AGAINST RABIES. IF THE DEPARTMENT IS SATISFIED THAT THE
9 VACCINATION WILL BE PERFORMED IN ACCORDANCE WITH ITS PRESCRIBED
10 GUIDELINES, THE DEPARTMENT MAY ISSUE THE AUTHORIZATION. AN
11 AUTHORIZATION SO ISSUED MAY BE REVOKED BY THE DEPARTMENT AT ANY
12 TIME FOR VIOLATION OF THE GUIDELINES. WHEN APPLYING FOR A
13 LICENSE FOR A DOG SO VACCINATED, THE OWNER SHALL PRESENT TO THE
14 COUNTY TREASURER, OR HIS AUTHORIZED AGENT, THE AUTHORIZATION
15 ISSUED BY THE DEPARTMENT TOGETHER WITH SUCH PROOF OF ADEQUATE
16 VACCINATION AS THE DEPARTMENT MAY PRESCRIBE.
17 Section 2. Section 1001(c) of the act is amended to read:
18 Section 1001. Dog Law Restricted Account; disposition and
19 appropriation of funds accruing under the
20 provisions of this act.
21 * * *
22 (c) Subsidized services.--[No] Except as provided in section
23 1001.1, no funds credited to the restricted account created by
24 this section shall be used for government subsidized veterinary
25 services.
26 Section 3. The act is amended by adding a section to read:
27 Section 1001.1. Antirabies clinics.
28 (A) GENERAL RULE.--In areas where the department determines <--
29 that occurrences of rabies pose a grave health risk to human or
30 animal population, the department may provide for the
19850S0562B2279 - 3 -
1 establishment of antirabies clinics. The clinics shall be
2 offered at such locations and on such dates as the department
3 shall determine. The chief veterinarian of the department shall
4 establish vaccination procedures to be used at the clinics. In
5 establishing antirabies clinics, the department shall cooperate
6 with local licensed veterinarians and other local organizations.
7 The USING FUNDS CREDITED TO THE DOG LAW RESTRICTED ACCOUNT, THE <--
8 department shall purchase and supply, at cost, the necessary <--
9 quantities of vaccine at each established antirabies clinic. IF <--
10 ANY CHARGE IS MADE BY THE DEPARTMENT FOR VACCINE SO PURCHASED
11 AND SUPPLIED, THE FUNDS RECEIVED BY THE DEPARTMENT IN PAYMENT OF
12 THAT CHARGE SHALL BE PAID INTO THE DOG LAW RESTRICTED ACCOUNT.
13 EXCEPT AS PROVIDED IN SUBSECTION (B), FUNDS CREDITED TO THE DOG
14 LAW RESTRICTED ACCOUNT MAY ALSO BE USED TO PAY FOR OTHER RELATED
15 NONDEPARTMENTAL ADMINISTRATIVE COSTS ASSOCIATED WITH SUCH
16 ANTIRABIES CLINICS, INCLUDING, BUT NOT LIMITED TO, BUILDING
17 RENTAL, SUPPLIES NECESSARY TO ADMINISTER THE VACCINE, AND
18 DISPENSING FEES. NOT MORE THAN 1% OF THE FUNDS RECEIVED BY THE
19 DEPARTMENT UNDER THIS ACT AND CREDITED TO THE DOG LAW RESTRICTED
20 ACCOUNT ON AN ANNUAL BASIS SHALL BE UTILIZED FOR NONDEPARTMENTAL
21 ADMINISTRATIVE EXPENSES PURSUANT TO THIS SECTION.
22 (B) ANTIRABIES CLINICS IN CITIES OF THE FIRST CLASS, SECOND
23 CLASS AND SECOND CLASS A.--THE COSTS OF ANTIRABIES CLINICS
24 ESTABLISHED AS PROVIDED IN SUBSECTION (A) IN CITIES OF THE FIRST
25 CLASS, SECOND CLASS AND SECOND CLASS A SHALL BE PAID BY THE
26 CITIES IN WHICH THEY ARE LOCATED, AND NOT FROM FUNDS CREDITED TO
27 THE DOG LAW RESTRICTED ACCOUNT. THE DEPARTMENT SHALL, HOWEVER,
28 PURCHASE AND SUPPLY THE NECESSARY QUANTITIES OF VACCINE AT EACH
29 ESTABLISHED ANTIRABIES CLINIC IN SUCH CITIES.
30 Section 4. Section 1201 of the act is amended to read:
19850S0562B2279 - 4 -
1 Section 1201. Applicability to cities of the first class,
2 second class and second class A.
3 Insofar as this act provides for the individual licensing of
4 dogs and the payment of damages for livestock or poultry injured
5 by dogs or for licensed dogs illegally killed, it shall not
6 apply to cities of the first class, second class and second
7 class A. Such individual dog licensing and payment of damages in
8 cities of the first class, second class and second class A shall
9 continue to be carried on under the provisions of existing laws.
10 However, the provisions of section 201 requiring proof that a
11 dog has been adequately vaccinated against rabies as a condition
12 for issuance of a license shall apply to persons issuing dog
13 licenses anywhere in this Commonwealth, including cities of the
14 first class, second class and second class A.
15 SECTION 5. THE SUM OF $250,000 IS HEREBY APPROPRIATED TO THE <--
16 DEPARTMENT OF AGRICULTURE FOR FISCAL YEAR JULY 1, 1986, TO JUNE
17 30, 1987, FOR AGRICULTURAL/ANIMAL RESEARCH TO FURTHER PROVIDE
18 FOR WILDLIFE RABIES VACCINE RESEARCH.
19 Section 5 6. The provisions of section 201(a.1) and (b.1) <--
20 shall apply to annual dog licenses issued for the year beginning
21 January 1, 1987, and each year thereafter, and to lifetime dog
22 licenses issued on or after January 1, 1987.
23 Section 6 7. This act shall take effect immediately. <--
B25L3CHF/19850S0562B2279 - 5 -