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        PRIOR PRINTER'S NO. 1094                      PRINTER'S NO. 1435

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 871 Session of 2003


        INTRODUCED BY WENGER, CORMAN, MADIGAN, THOMPSON, ROBBINS,
           KASUNIC, M. WHITE, EARLL, WAUGH, LEMMOND, RAFFERTY,
           TARTAGLIONE, COSTA, HELFRICK AND KITCHEN, JULY 15, 2003

        SENATOR WAUGH, AGRICULTURE AND RURAL AFFAIRS, AS AMENDED,
           MARCH 16, 2004

                                     AN ACT

     1  Relating to and defining the profession of the humane society     <--
     2     police officer; conferring powers and imposing duties on the
     3     State Board of Humane Society Police Officers and the
     4     Department of Agriculture; providing for examination,
     5     licensure and continuing education; providing for the
     6     granting, cancellation, suspension and revocation of
     7     appointments; preserving the rights of existing appointments;
     8     providing for search warrants; providing for promulgation of
     9     rules and regulations; providing penalties and remedies for
    10     persons engaged in the profession of humane society police
    11     officers; promoting the protection of all domestic animals
    12     and preventing any acts of cruelty; and making a repeal.

    13                         TABLE OF CONTENTS
    14  Section 1.  Short title.
    15  Section 2.  Definitions.
    16  Section 3.  State Board of Humane Society Police Officers.
    17  Section 4.  Board duties, rights, privileges and powers.
    18  Section 5.  Humane society police officers.
    19  Section 6.  Humane society police officer training program.
    20  Section 7.  Limitation on possession of firearms.
    21  Section 8.  Search warrants.
    22  Section 9.  Procedure to disciplinary actions.

     1  Section 10.  Misdemeanor of the third degree.
     2  Section 11.  Reinstatement of appointment, certificate or
     3                 registration.
     4  Section 12.  Enforcement duties and powers.
     5  Section 13.  Temporary appointment.
     6  Section 14.  Application of act to prior appointees.
     7  Section 15.  Regulations.
     8  Section 16.  Repeals.
     9  Section 17.  Effective date.
    10  AMENDING TITLE 22 (DETECTIVES AND PRIVATE POLICE) OF THE          <--
    11     PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER PROVIDING FOR
    12     APPOINTMENT BY NONPROFIT CORPORATIONS; PROVIDING FOR HUMANE
    13     SOCIETY POLICE OFFICERS' APPOINTMENT, QUALIFICATIONS,
    14     AUTHORITY AND DISCIPLINE; CONFERRING POWERS AND DUTIES ON THE
    15     DEPARTMENT OF AGRICULTURE; PROVIDING FOR SEARCH WARRANTS;
    16     ESTABLISHING THE STATE BOARD OF HUMANE SOCIETY POLICE
    17     OFFICERS AND THE HUMANE SOCIETY POLICE OFFICER TRAINING AND
    18     EDUCATION ACCOUNT; AND MAKING A RELATED REPEAL.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21  Section. 1.  Short title.                                         <--
    22     This act shall be known and may be cited as the Humane
    23  Society Police Officer Act.
    24  Section 2.  Definitions.
    25     The following words and phrases when used in this act shall
    26  have the meanings given to them in this section unless the
    27  context clearly indicates otherwise:
    28     "Agricultural animal."  A bovine animal, equine animal,
    29  sheep, goat, pig, poultry, bird, fowl, wild or semiwild animal
    30  or fish or other aquatic animal that is raised, kept,
    31  transported or utilized for the purpose of or pursuant to
    32  agricultural production.
    33     "Agricultural production."  The production and preparation
    34  for market of agricultural animals and their products and of
    20030S0871B1435                  - 2 -     

     1  agricultural, agronomic, horticultural, silvicultural and
     2  aquacultural crops and commodities.
     3     "Board."  The State Board of Humane Society Police Officers.
     4     "Cruelty to animals laws."  The provisions of 18 Pa.C.S. §
     5  5511 (relating to cruelty to animals).
     6     "Department."  The Department of Agriculture of the
     7  Commonwealth.
     8     "Humane society police officer."  A person who is duly
     9  appointed pursuant to 22 Pa.C.S. § 501 (relating to appointment
    10  by nonprofit corporations) to act as a police officer for a
    11  society or association for the prevention of cruelty to animals
    12  or who is an agent of a society or association for the
    13  prevention of cruelty to animals as the term "agent" is used in
    14  18 Pa.C.S. § 5511 (relating to cruelty to animals).
    15     "Land grant institution."  An educational institution located
    16  within or outside the geographic boundaries of this Commonwealth
    17  that has received a grant of public land made by the Congress of
    18  the United States for the support of education pursuant to the
    19  act of July 2, 1862 (12 Stat. 503, 7 U.S.C. § 301 et seq.),
    20  referred to as the Morrill Act.
    21     "Society or association for the prevention of cruelty to
    22  animals."  A nonprofit society or association duly incorporated
    23  pursuant to 15 Pa.C.S. Ch. 53 Subch. A (relating to
    24  incorporation generally) for the purpose of the prevention of
    25  cruelty to animals.
    26  Section 3.  State Board of Humane Society Police Officers.
    27     (a)  Establishment.--There is hereby established within the
    28  Department of Agriculture a board to be known as the State Board
    29  of Humane Society Police Officers. The board shall consist of
    30  the following members:
    20030S0871B1435                  - 3 -     

     1         (1)  The Secretary of Agriculture or a designee.
     2         (2)  The State Veterinarian.
     3         (3)  Three humane society police officers, two humane
     4     society executive directors and one member representing the
     5     public at large, each of whom shall be appointed by the
     6     Governor with the advice and consent of a majority of the
     7     members elected to the Senate.
     8         (4)  Five veterinarians possessing the requisite
     9     qualifications to practice veterinary medicine under the laws
    10     of this Commonwealth, each of whom has at least five years'
    11     experience immediately preceding appointment with one of the
    12     following designated species: small animals, bovine, swine,
    13     equine and poultry. Each veterinarian shall be appointed by
    14     the Governor with the advice and consent of a majority of the
    15     members elected to the Senate. In appointing veterinarians,
    16     the Governor shall consider nominees suggested by Statewide
    17     farm organizations, the poultry industry and equine and
    18     livestock breeding organizations.
    19         (5)  Two members representing production agriculture,
    20     each of whom shall be appointed by the Governor with the
    21     advice and consent of a majority of the members elected to
    22     the Senate.
    23     (b)  Terms.--The term of each member of the board shall be
    24  three years or until such time as a successor has been appointed
    25  and qualified, but not longer in any event than six months
    26  beyond the three-year period. If any member dies or resigns or
    27  otherwise becomes disqualified during that member's term, a
    28  successor shall be appointed in the same way and with the same
    29  qualifications and shall hold office for the unexpired term. No
    30  member shall be eligible for appointment to serve more than two
    20030S0871B1435                  - 4 -     

     1  consecutive terms.
     2     (c)  Quorum.--A majority of the member of the board serving
     3  in accordance with law shall constitute a quorum for purposes of
     4  conducting the business of the board. A member may not be
     5  counted as part of a quorum or vote on any issue unless that
     6  member is physically in attendance at the meeting. The board
     7  shall keep a full and accurate record of all proceedings and of
     8  all resolutions and orders issued or adopted.
     9     (d)  Chairperson and secretary.--The Secretary of Agriculture
    10  shall serve as the chairperson of the board. The members shall
    11  elect a secretary.
    12     (e)  Residency requirement.--All members shall be residents
    13  of this Commonwealth.
    14     (f)  Compensation.--Each member of the board except the
    15  Secretary of Agriculture and the State Veterinarian shall
    16  receive $100 per day for each day actually engaged in the
    17  business of the board as compensation for serving on the board
    18  and shall devote such time and effort to the prosecution of the
    19  board's business as necessary to fulfill the board's obligation
    20  under law. The members shall also be entitled to reimbursement
    21  in the amount of reasonable traveling, hotel and other necessary
    22  expenses incurred in the performance of their duties in
    23  accordance with Commonwealth regulations.
    24     (g)  Attendance at meetings.--A member of the board who fails
    25  to attend three consecutive meetings shall forfeit that member's
    26  seat unless the Secretary of Agriculture, upon written request
    27  from the member, finds that the member should be excused from a
    28  meeting because of illness or the death of a family member.
    29     (h)  Seminars.--A public member who fails to attend two
    30  consecutive statutorily mandated seminars in accordance with
    20030S0871B1435                  - 5 -     

     1  section 813(e) of the act of April 9, 1929 (P.L.177, No.175),
     2  known as The Administrative Code of 1929, shall forfeit that
     3  member's seat unless the Secretary of Agriculture, upon written
     4  request from the public member, finds that the public member
     5  should be excused from a meeting because of illness or the death
     6  of a family member.
     7     (i)  Frequency of meetings.--The board shall meet at least
     8  once every four months and at such additional times as may be
     9  necessary to conduct the business of the board.
    10  Section 4.  Board duties, rights, privileges and powers.
    11     The board shall do all of the following:
    12         (1)  Adopt reasonable rules and regulations governing
    13     humane society police officers as are necessary to enable it
    14     to carry out and make effective the purpose and intent of
    15     this act.
    16         (2)  Adopt rules and regulations of professional conduct
    17     for humane society police officers which are appropriate to
    18     establish and maintain a high standard of integrity and
    19     skills.
    20         (3)  Have its rules printed and distributed to all humane
    21     society police officers.
    22         (4)  Administer and enforce the law and rules and
    23     regulations relating to humane society police officers.
    24         (5)  Approve the qualifications of applicants for
    25     appointments to become humane society police officers.
    26         (6)  Prescribe the subject, character, manner, time and
    27     place of holding training, examinations and the filing of
    28     applications for examinations. The board may require the
    29     payment of fees by applicants for training, continuing
    30     education and examinations.
    20030S0871B1435                  - 6 -     

     1         (7)  Issue temporary permits to duly qualified
     2     applicants, signed by the chairperson and attested by the
     3     secretary under an adopted seal.
     4         (8)  Provide for, regulate and require all persons
     5     appointed in accordance with the provisions of this act to
     6     register their appointment biennially, to require as a
     7     condition precedent to such biennial registration the payment
     8     of the biennial registration fee as provided in this act, to
     9     issue biennial registration certificates to such persons and
    10     to suspend or revoke the registration of such persons who
    11     fail, refuse or neglect to register same or pay such fees.
    12         (9)  Conduct investigations and hearings upon complaints
    13     calling for discipline of an appointee.
    14         (10)  Have summons and subpoenas issued, if necessary,
    15     for any witnesses or subpoenas duces tecum in connection with
    16     any matter within the jurisdiction of the board.
    17         (11)  Adopt such forms as it may deem necessary.
    18         (12)  Submit annually to the Appropriations Committee of
    19     the Senate and the Appropriations Committee of the House of
    20     Representatives not more than 15 days after the Governor has
    21     submitted the budget required by law to the General Assembly,
    22     a copy of the budget request for the upcoming fiscal year
    23     which the board previously submitted to the Department of
    24     Agriculture.
    25         (13)  Submit annually a report to the Agricultural and
    26     Rural Affair Committees of both the Senate and the House of
    27     Representatives containing a description of the types of
    28     complaints received, the status of ongoing cases, board
    29     action which has been taken and the length of time from the
    30     initial complaint to final board resolution.
    20030S0871B1435                  - 7 -     

     1         (14)  Keep records of its proceedings, especially
     2     regarding the issuance, denial, registration, suspension and
     3     revocation of appointment for humane society police officers.
     4     All appointments issued by the board shall be numbered and
     5     recorded by the secretary, and a file kept for that purpose
     6     and such file or record shall be open to the public
     7     inspection. In all actions or proceedings in any court, a
     8     transcript of any record or any part thereof, which is
     9     certified to be a true copy by the secretary, shall be
    10     entitled to admission in evidence.
    11  Section 5.  Humane society police officers.
    12     (a)  Application for appointment of humane society police
    13  officers.--No society, association, corporation or organization,
    14  other than a society or association for the prevention of
    15  cruelty to animals, shall be eligible under 22 Pa.C.S. § 501
    16  (relating to appointment by nonprofit corporations) to apply for
    17  or receive appointment of any individual as a police officer in
    18  the enforcement of cruelty to animals laws. Each society or
    19  association for the prevention of cruelty to animals which makes
    20  application to the board pursuant to 22 Pa.C.S. § 501 for the
    21  appointment of an individual to act as a police officer for the
    22  society or association for the prevention of cruelty to animals
    23  must provide an application, a fee determined by the board and
    24  the documentation the board may require to demonstrate that the
    25  person has satisfactorily completed a training program
    26  established in accordance with section 6.
    27     (b)  Appointment by board and jurisdiction of humane society
    28  police officers.--An individual may not exercise the powers
    29  conferred upon an agent of a society or association for the
    30  prevention of cruelty to animals under 18 Pa.C.S. § 5511
    20030S0871B1435                  - 8 -     

     1  (relating to cruelty to animals) or the powers conferred upon a
     2  humane society police officer within the boundaries of a county
     3  under 22 Pa.C.S. § 501(c) unless such powers are exercised in
     4  full accordance with all of the provisions of 22 Pa.C.S. § 501.
     5     (c)  Requirement of appointment as a humane society police
     6  officer.--A humane society police officer must complete a humane
     7  society police officer training program as constituted and
     8  certified by the board.
     9     (d)  Criminal history information.--The application for the
    10  appointment of a person to act as a humane society police
    11  officer shall include a report of criminal history record
    12  information from the Pennsylvania State Police pursuant to 18
    13  Pa.C.S. Ch. 91 (relating to criminal history record information)
    14  or a statement from the Pennsylvania State Police that the
    15  Pennsylvania State Police central repository contains no
    16  pertinent information relating to the person who is the subject
    17  of the application. The criminal history record information
    18  shall be limited to that which may be disseminated pursuant to
    19  18 Pa.C.S. § 9121(b)(2) (relating to general regulations).
    20     (e)  Refusal, suspension or revocation of appointment.--The
    21  board shall refuse to appoint a person to act as a humane
    22  society police officer, or shall suspend or revoke the
    23  appointment of a person who is acting as a humane society police
    24  officer, if the board determines that the person:
    25         (1)  Has failed to satisfy the training requirements of
    26     section 6.
    27         (2)  Has failed to provide documentation which is
    28     required by this act to be submitted with an application for
    29     appointment or other documentation which the board may
    30     reasonably request.
    20030S0871B1435                  - 9 -     

     1         (3)  Has a criminal history record which would disqualify
     2     the applicant from becoming a private police officer pursuant
     3     to 22 Pa.C.S. Ch. 5 (relating to private police).
     4         (4)  Has been convicted of violating 18 Pa.C.S. § 5301
     5     (relating to official oppression).
     6     (f)  Additional grounds for refusal, suspension or revocation
     7  of appointment.--The board may refuse to appoint a person to act
     8  as a humane society police officer or may suspend or revoke the
     9  appointment of a person who acts as a humane society police
    10  officer if the board determines that the person:
    11         (1)  Has failed to keep, maintain or make available such
    12     records as are required to be kept, maintained or made
    13     available under section 6(f) for certification of completion
    14     of additional training requirements.
    15         (2)  Has made a false or misleading statement in the
    16     application for appointment or a certification of completion
    17     of additional training or submitted an application for
    18     appointment or a certification for completion of additional
    19     training containing a false or misleading statement.
    20         (3)  Has carried or possessed a firearm in the
    21     performance of duty without certification pursuant to section
    22     7.
    23         (4)  Has engaged in conduct which constitutes a prima
    24     facie violation of 18 Pa.C.S. § 5301.
    25         (5)  Has violated any of the provisions of this act.
    26     (g)  Effect on 22 Pa.C.S. § 501.--Nothing in this section
    27  shall be construed to limit the authority of the board to deny
    28  the appointment of any person or to place upon any person any
    29  additional prerequisites or conditions of appointment pursuant
    30  to 22 Pa.C.S. § 501(a).
    20030S0871B1435                 - 10 -     

     1  Section 6.  Humane society police officer training program.
     2     (a)  General rule.--A land grant institution approved by the
     3  board may establish a program for training of individuals to act
     4  as humane society police officers.
     5     (b)  Minimum requirements.--The program for initial training
     6  of humane society police officers must include, at a minimum, a
     7  total of 56 hours of instruction in accordance with subsections
     8  (c) and (d).
     9     (c)  Instructional areas.--At least 32 hours of instruction
    10  in the initial training program must be provided in the
    11  following group of instructional areas:
    12         (1)  Cruelty to animals laws.
    13         (2)  Care and treatment of animals.
    14         (3)  Pennsylvania rules of criminal law and criminal
    15     procedure.
    16     (d)  Curriculum.--At least 24 hours of instruction in the
    17  initial training program must be provided in the following group
    18  of instructional areas:
    19         (1)  Animal husbandry practices constituting normal
    20     agricultural operation.
    21         (2)  Practices accepted in the agricultural industry in
    22     the raising, keeping and production of agricultural animals.
    23         (3)  Characteristics of agricultural animals likely
    24     evidencing care that is violative of the cruelty to animals
    25     laws.
    26         (4)  Proper care and handling of agricultural animals
    27     pursuant to enforcement of the cruelty to animals laws.
    28         (5)  Treatments administered and research conducted
    29     during the normal scope of veterinarian practices.
    30     (e)  Final examination.--The initial training program must
    20030S0871B1435                 - 11 -     

     1  also require an individual, as a prerequisite to successful
     2  completion of the training program, to take and pass a final
     3  examination that sufficiently measures the individual's
     4  knowledge and understanding of the instructional material.
     5     (f)  Continuing education.--
     6         (1)  The program for continuous training of humane
     7     society police officers must provide for such instruction as
     8     will allow an individual to receive, at a minimum, a total of
     9     ten hours of additional instruction every two years. At least
    10     two of the eight hours of instruction must be provided in
    11     areas of instruction prescribed in subsection (d). The
    12     program must attempt to provide to an individual instruction
    13     that differs from instruction previously provided to the
    14     individual during the individual's initial or continuous
    15     training.
    16         (2)  The society or association for the prevention of
    17     cruelty to animals for which an individual acts as humane
    18     society police officer shall maintain complete and accurate
    19     records documenting that the individual has successfully
    20     completed all requirements for additional training of humane
    21     society police officers established in accordance with
    22     subsection (g). The society or association for the prevention
    23     of cruelty to animals shall make such records available, upon
    24     request, to the board and to any person.
    25     (g)  Additional training requirements.--During each two-year
    26  period following the date in which a humane society police
    27  officer has been initially appointed, the officer shall
    28  successfully complete the minimum requirements for additional
    29  training prescribed in the program for continuous training of
    30  humane society police officers established in accordance with
    20030S0871B1435                 - 12 -     

     1  subsection (f).
     2  Section 7.  Limitation on possession of firearms.
     3     No person appointed as a humane society police officer shall
     4  carry, possess or use a firearm in the performance of that
     5  person's duties unless that person holds a current and valid
     6  certification in the use and handling of firearms pursuant to at
     7  least one of the following:
     8         (1)  53 Pa.C.S. Ch. 21 Subch. D (relating to municipal
     9     police education and training).
    10         (2)  The act of October 10, 1974 (P.L.705, No.235), known
    11     as the Lethal Weapons Training Act.
    12         (3)  The act of February 9, 1984 (P.L.3, No.2), known as
    13     the Deputy Sheriffs' Education and Training Act.
    14         (4)  Any other firearms program which has been determined
    15     by the Commissioner of the Pennsylvania State Police to be of
    16     sufficient scope and duration as to provide the person with
    17     basic training in the use and handling of firearms.
    18  Section 8.  Search warrants.
    19     Notwithstanding contrary provisions of 18 Pa.C.S. § 5511(1)
    20  (relating to cruelty to animals) and in addition to the
    21  requirements of existing law, all search warrant applications
    22  filed in connection with alleged violations of cruelty to
    23  animals laws must have the approval of the district attorney
    24  prior to filing.
    25  Section 9.  Procedure in disciplinary actions.
    26     (a)  Due process.--Disciplinary actions of the board shall be
    27  taken subject only after affording due notice, hearing,
    28  adjudication and a right of appeal in accordance with 2 Pa.C.S.
    29  (relating to administrative law and procedure).
    30     (b)  Temporary suspension.--
    20030S0871B1435                 - 13 -     

     1         (1)  The board shall temporarily suspend an appointment
     2     under circumstances determined by the board to constitute an
     3     immediate and clear danger to the public health or safety.
     4     Temporary suspensions shall remain in effect until vacated by
     5     the board, but in no event longer than 180 days.
     6         (2)  Notwithstanding subsection (a), the board may order
     7     a temporary suspension without first holding a hearing, but
     8     such order shall be issued only after providing due notice to
     9     the appointee at the appointee's last known address, which
    10     shall include a written statement of all allegations.
    11         (3)  Thereafter, the board shall commence formal action
    12     forthwith to suspend, revoke or restrict the appointment as
    13     provided in this act. In such instances, action shall be
    14     taken promptly and without delay.
    15         (4)  Within 30 days after issuing an order temporarily
    16     suspending an appointment, the board shall conduct or cause
    17     to be conducted a preliminary hearing to determine whether
    18     there is a prima facie case supporting suspension. The
    19     appointee may be present at the preliminary hearing and may
    20     be represented by counsel, call and cross-examine witnesses,
    21     inspect physical evidence, offer evidence and testimony and
    22     make a record of the proceedings.
    23         (5)  If no prima facie case is presented, the suspension
    24     shall be removed immediately.
    25     (c)  Automatic suspension.--
    26         (1)  An appointment issued under this act shall be
    27     suspended automatically if the appointee is legally committed
    28     to an institution due to mental incompetency, upon filing
    29     with the board a certified copy of such commitment, upon
    30     conviction of a felony under the act of April 14, 1972
    20030S0871B1435                 - 14 -     

     1     (P.L.233, No.64), known as The Controlled Substance, Drug,
     2     Device and Cosmetic Act, or upon conviction of an offense
     3     under the laws of another jurisdiction, which, if committed
     4     in this Commonwealth, would be a felony under The Controlled
     5     Substance, Drug, Device and Cosmetic Act.
     6         (2)  As used in this subsection, the term "conviction"
     7     shall include a judgment, an admission of guilt or a plea of
     8     nolo contendere.
     9         (3)  Suspension under this section shall not be stayed
    10     pending appeal of a conviction. Restoration of such
    11     appointment shall be made as provided in this act for
    12     revocation or suspension of such appointment.
    13  Section 10.  Misdemeanor of the third degree.
    14     A person who fails to return a suspended or revoked
    15  appointment or registration in such a manner as the board
    16  directs commits a misdemeanor of the third degree.
    17  Section 11.  Reinstatement of appointment, certificate or
    18                 registration.
    19     Unless ordered to do so by a court, the board may not
    20  reinstate the appointment, certificate or registration of a
    21  humane society police officer that has been revoked. Any person
    22  whose appointment has been revoked may apply for reinstatement
    23  after a period of at least five years but must meet all
    24  licensing qualifications set by this act, including the
    25  examination requirement.
    26  Section 12.  Enforcement duties and powers.
    27     (a)  General rule.--The enforcement of laws and rules
    28  regulating humane society police officers is primarily vested in
    29  the board, which shall have the following powers and duties:
    30         (1)  To inspect appointments.
    20030S0871B1435                 - 15 -     

     1         (2)  To conduct investigations of alleged violations of
     2     this act.
     3         (3)  To issue subpoenas, upon application of an attorney
     4     representing the Commonwealth in disciplinary matters before
     5     the board, for the purpose of investigating alleged
     6     violations of the disciplinary provisions administered by the
     7     board. The board shall have the power to subpoena witnesses,
     8     to administer oaths, to examine witnesses and to take such
     9     testimony or compel the production of such books, records,
    10     papers and documents as it may deem necessary or proper in
    11     and pertinent to any proceeding, investigation or hearing
    12     held or had by it. Medical records may not be subpoenaed
    13     without consent of the patient or without order of a court of
    14     competent jurisdiction on a showing that the records are
    15     reasonably necessary for the conduct of the investigation.
    16     The board may impose such limitations on the scope of the
    17     subpoena as are necessary to prevent unnecessary intrusion
    18     into confidential information. The board is authorized to
    19     apply to Commonwealth Court to enforce its subpoenas. An
    20     attorney responsible for representing the Commonwealth in
    21     disciplinary matters before the board shall notify the board
    22     immediately upon receiving notification of an alleged
    23     violation of this act. The board shall maintain current
    24     records of all reported alleged violations and periodically
    25     review the records for the purpose of determining that each
    26     alleged violation has been resolved in a timely manner.
    27     (b)  Rules and regulations.--The board may make such
    28  reasonable rules and regulations as it deems necessary and
    29  proper in order to carry out the intent and purpose of this act.
    30  Section 13.  Temporary appointment.
    20030S0871B1435                 - 16 -     

     1     (a)  General rule.--An agent of a society or association for
     2  the prevention of cruelty to animals may petition the board for
     3  temporary appointment as a humane society police officer,
     4  provided that:
     5         (1)  No other agent for the society or association for
     6     the prevention of cruelty to animals is currently appointed
     7     to act as a humane society police officer for that society.
     8         (2)  The agent has not been previously appointed under
     9     this section.
    10         (3)  The agent submits to the board the criminal history
    11     information prescribed in section 5(d) and such information
    12     shows that such agent would not be disqualified from
    13     appointment under section 5(e)(3).
    14     (b)  Expiration.--A temporary appointment under this section
    15  shall expire at the end of six months or such time as the agent
    16  or any other agent of the humane society has been permanently
    17  appointed by the board to act as humane society police officer
    18  in the county, whichever is earlier. No more than one temporary
    19  appointment shall be effective for any society or association
    20  for the prevention of cruelty to animals at any time.
    21  Section 14.  Application of act to prior appointees.
    22     (a)  General rule.--A humane society police officer who,
    23  prior to the effective date of this act:
    24         (1)  Has successfully completed a training program
    25     similar to that required under section 6 shall, after review
    26     by the board, be certified as having met the training
    27     requirements of this act.
    28         (2)  Has not successfully completed a training program
    29     similar to that required under section 6 may continue to
    30     perform the duties of a humane society police officer until
    20030S0871B1435                 - 17 -     

     1     such person has successfully completed the required training
     2     program, but not longer than one year from the effective date
     3     of this act.
     4     (b)  Uncertified officers.--A humane society police officer
     5  who, prior to the effective date of this act, has not been
     6  certified in the use and handling of firearms pursuant to one or
     7  more of the provisions of section 7 may not carry or possess a
     8  firearm in the performance of the duties of a humane society
     9  police officer on or after the effective date of this act until
    10  the person has been certified in the use and handling of
    11  firearms in accordance with this act.
    12  Section 15.  Regulations.
    13     The department shall promulgate such regulations, if any, as
    14  are necessary to implement and enforce this act.
    15  Section 16.  Repeals.
    16     (a)  Specific repeals.--The following acts or parts of acts
    17  are repealed in part:
    18         22 Pa.C.S. § 501 to the extent that it deals with animals
    19     and cruelty to animals.
    20     (b)  Inconsistent repeals.--The following acts or parts of
    21  acts are repealed insofar as they are inconsistent with this
    22  act:
    23         Act of December 12, 1994 (P.L.956, No.135), known as the
    24     Humane Society Police Officer Enforcement Act.
    25  Section 17.  Effective date.
    26     This act shall take effect in 60 days.
    27     SECTION 1.  SECTION 501(A) AND (C) OF TITLE 22 OF THE          <--
    28  PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
    29  § 501.  APPOINTMENT BY NONPROFIT CORPORATIONS.
    30     (A)  APPOINTMENT AUTHORIZED.--ANY NONPROFIT CORPORATION, AS
    20030S0871B1435                 - 18 -     

     1  DEFINED IN 15 PA.C.S. PT. II SUBPT. C (RELATING TO NONPROFIT
     2  CORPORATIONS) MAINTAINING A CEMETERY OR ANY BUILDINGS OR GROUNDS
     3  OPEN TO THE PUBLIC, OR ORGANIZED FOR THE PREVENTION OF CRUELTY
     4  TO CHILDREN OR AGED PERSONS [OR ANIMALS], OR ONE OR MORE OF SUCH
     5  PURPOSES, MAY APPLY TO THE COURT OF COMMON PLEAS OF THE COUNTY
     6  OF THE REGISTERED OFFICE OF THE CORPORATION FOR THE APPOINTMENT
     7  OF SUCH PERSONS AS THE CORPORATION MAY DESIGNATE TO ACT AS
     8  POLICEMEN FOR THE CORPORATION. THE COURT, UPON SUCH APPLICATION,
     9  MAY BY ORDER APPOINT SUCH PERSONS, OR AS MANY OF THEM AS IT MAY
    10  DEEM PROPER AND NECESSARY, TO BE SUCH POLICEMEN.
    11     * * *
    12     (C)  POWERS.--SUCH POLICEMEN, SO APPOINTED, SHALL SEVERALLY
    13  POSSESS AND EXERCISE ALL THE POWERS OF A POLICE OFFICER IN THIS
    14  COMMONWEALTH, IN AND UPON, AND IN THE IMMEDIATE AND ADJACENT
    15  VICINITY OF, THE PROPERTY OF THE CORPORATION. POLICEMEN SO
    16  APPOINTED FOR A CORPORATION ORGANIZED FOR THE PREVENTION OF
    17  CRUELTY TO CHILDREN OR AGED PERSONS [OR ANIMALS], OR ONE OR MORE
    18  OF SUCH PURPOSES, SHALL SEVERALLY POSSESS AND EXERCISE ALL THE
    19  POWERS OF A POLICE OFFICER IN ANY COUNTY IN WHICH THEY MAY BE
    20  DIRECTED BY THE CORPORATION TO ACT, AND ARE HEREBY AUTHORIZED TO
    21  ARREST PERSONS FOR THE COMMISSION OF ANY OFFENSE OF CRUELTY TO
    22  CHILDREN OR AGED PERSONS [OR ANIMALS]. THE KEEPERS OF JAILS AND
    23  OTHER PLACES OF DETENTION IN ANY COUNTY OF THIS COMMONWEALTH
    24  SHALL RECEIVE ALL PERSONS ARRESTED BY SUCH POLICEMEN FOR
    25  PURPOSES OF DETENTION UNTIL THEY ARE DEALT WITH ACCORDING TO
    26  LAW. EVERY POLICEMAN APPOINTED UNDER THIS SECTION, WHEN ON DUTY,
    27  SHALL WEAR A METALLIC SHIELD WITH THE WORDS "SPECIAL OFFICER"
    28  AND THE NAME OF THE CORPORATION FOR WHICH APPOINTED INSCRIBED
    29  THEREON.
    30     * * *
    20030S0871B1435                 - 19 -     

     1     SECTION 2.  TITLE 22 IS AMENDED BY ADDING A CHAPTER TO READ:
     2                             CHAPTER 37
     3                   HUMANE SOCIETY POLICE OFFICERS
     4  SEC.
     5  3701.  SCOPE.
     6  3702.  DEFINITIONS.
     7  3703.  APPOINTMENT REQUIRED.
     8  3704.  STATE BOARD OF HUMANE SOCIETY POLICE OFFICERS.
     9  3705.  POWERS OF THE BOARD.
    10  3706.  DUTIES OF THE BOARD.
    11  3707.  QUALIFICATIONS FOR APPOINTMENT.
    12  3708.  TEMPORARY APPOINTMENT.
    13  3709.  REFUSAL, SUSPENSION AND REVOCATION OF APPOINTMENT.
    14  3710.  REINSTATEMENT OF APPOINTMENT.
    15  3711.  SURRENDER OF SUSPENDED OR REVOKED APPOINTMENT.
    16  3712.  JURISDICTION OF HUMANE SOCIETY POLICE OFFICERS.
    17  3713.  PENALTIES.
    18  3714.  APPOINTMENT RENEWAL; FEES.
    19  3715.  TRAINING PROGRAM.
    20  3716.  CONTINUING EDUCATION.
    21  3717.  LIMITATION ON POSSESSION OF FIREARMS.
    22  3718.  SEARCH WARRANTS.
    23  3719.  SOCIETIES OR ASSOCIATIONS FOR THE PREVENTION OF CRUELTY
    24             TO ANIMALS.
    25  3720.  HUMANE SOCIETY POLICE OFFICER TRAINING AND EDUCATION
    26             ACCOUNT.
    27  3721.  SURCHARGE AND DISPOSITION OF FINES.
    28  § 3701.  SCOPE.
    29     THIS CHAPTER DEALS WITH HUMANE SOCIETY POLICE OFFICERS.
    30  § 3702.  DEFINITIONS.
    20030S0871B1435                 - 20 -     

     1     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
     2  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
     3  CONTEXT CLEARLY INDICATES OTHERWISE:
     4     "ACCOUNT."  THE HUMANE SOCIETY POLICE OFFICER TRAINING AND
     5  EDUCATION ACCOUNT ESTABLISHED IN SECTION 3720 (RELATING TO
     6  HUMANE SOCIETY POLICE OFFICER TRAINING AND EDUCATION ACCOUNT).
     7     "AGRICULTURAL ANIMAL."  ANY BOVINE ANIMAL, EQUINE ANIMAL,
     8  SHEEP, GOAT, PIG, POULTRY, BIRD, FOWL, WILD OR SEMIWILD ANIMAL
     9  OR FISH OR OTHER AQUATIC ANIMAL WHICH IS BEING RAISED, KEPT,
    10  TRANSPORTED OR UTILIZED FOR THE PURPOSE OF OR PURSUANT TO
    11  AGRICULTURAL PRODUCTION.
    12     "AGRICULTURAL PRODUCTION."  THE PRODUCTION AND PREPARATION
    13  FOR MARKET OF AGRICULTURAL ANIMALS AND THEIR PRODUCTS AND OF
    14  AGRICULTURAL, AGRONOMIC, HORTICULTURAL, SILVICULTURAL AND
    15  AQUACULTURAL CROPS AND COMMODITIES.
    16     "BOARD."  THE STATE BOARD OF HUMANE SOCIETY POLICE OFFICERS.
    17     "CRUELTY TO ANIMALS LAWS."  THE PROVISIONS OF 18 PA.C.S. §
    18  5511 (RELATING TO CRUELTY TO ANIMALS).
    19     "DEPARTMENT."  THE DEPARTMENT OF AGRICULTURE OF THE
    20  COMMONWEALTH.
    21     "HUMANE SOCIETY POLICE OFFICER."  ANY NATURAL PERSON WHO IS
    22  DULY EMPLOYED, EITHER PART TIME OR FULL TIME, BY A SOCIETY OR
    23  ASSOCIATION FOR THE PREVENTION OF CRUELTY TO ANIMALS, TO ACT AS
    24  A POLICE OFFICER FOR A SOCIETY OR ASSOCIATION FOR THE PREVENTION
    25  OF CRUELTY TO ANIMALS AND WHO HOLDS A CURRENT APPOINTMENT UNDER
    26  THIS CHAPTER. THE TERM SHALL INCLUDE AN INDIVIDUAL WHO IS AN
    27  "AGENT" OF A SOCIETY OR ASSOCIATION FOR THE PREVENTION OF
    28  CRUELTY TO ANIMALS AS "AGENT" AS USED IN 18 PA.C.S. § 5511
    29  (RELATING TO CRUELTY TO ANIMALS) PROVIDED THAT INDIVIDUAL HOLDS
    30  A CURRENT APPOINTMENT UNDER THIS CHAPTER.
    20030S0871B1435                 - 21 -     

     1     "SECRETARY."  THE SECRETARY OF AGRICULTURE OF THE
     2  COMMONWEALTH.
     3     "SOCIETY OR ASSOCIATION FOR THE PREVENTION OF CRUELTY TO
     4  ANIMALS."  A NONPROFIT SOCIETY OR ASSOCIATION DULY INCORPORATED
     5  PURSUANT TO 15 PA.C.S. CH. 53 SUBCH. A (RELATING TO
     6  INCORPORATION GENERALLY) FOR THE PURPOSE OF THE PREVENTION OF
     7  CRUELTY TO ANIMALS.
     8  § 3703.  APPOINTMENT REQUIRED.
     9     IT SHALL BE UNLAWFUL FOR ANY INDIVIDUAL TO HOLD HIMSELF OR
    10  HERSELF FORTH AS A HUMANE SOCIETY POLICE OFFICER UNLESS THE
    11  INDIVIDUAL HAS OBTAINED AN APPOINTMENT PURSUANT TO THIS CHAPTER.
    12  § 3704.  STATE BOARD OF HUMANE SOCIETY POLICE OFFICERS.
    13     (A)  ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED THE STATE
    14  BOARD OF HUMANE SOCIETY POLICE OFFICERS, A DEPARTMENTAL
    15  ADMINISTRATIVE BOARD WITHIN THE DEPARTMENT OF AGRICULTURE. THE
    16  BOARD SHALL HAVE 11 MEMBERS, ONE OF WHOM SHALL BE THE SECRETARY
    17  OR THE SECRETARY'S DESIGNEE WHO SHALL ACT AS CHAIRPERSON AND WHO
    18  IS AUTHORIZED TO PARTICIPATE IN AND VOTE ON ALL MATTERS BEFORE
    19  THE BOARD. THE FOLLOWING REMAINING MEMBERS MUST BE CITIZENS OF
    20  THE UNITED STATES WHO HAVE BEEN RESIDENTS OF THIS COMMONWEALTH
    21  FOR A TWO-YEAR PERIOD:
    22         (1)  TWO REPRESENTATIVES OF SOCIETIES FOR THE PREVENTION
    23     OF CRUELTY TO ANIMALS.
    24         (2)  A HUMANE SOCIETY POLICE OFFICER.
    25         (3)  A REPRESENTATIVE OF A STATEWIDE VETERINARY MEDICAL
    26     ASSOCIATION.
    27         (4)  TWO REPRESENTATIVES OF FARM ORGANIZATIONS.
    28         (5)  A DISTRICT ATTORNEY OR THE DISTRICT ATTORNEY'S
    29     DESIGNEE.
    30         (6)  A DISTRICT JUSTICE.
    20030S0871B1435                 - 22 -     

     1         (7)  A POLICE CHIEF OF A LOCAL MUNICIPALITY LOCATED
     2     WITHIN THIS COMMONWEALTH.
     3         (8)  A PUBLIC MEMBER.
     4     (B)  TERMS.--EXCEPT AS PROVIDED IN SUBSECTION (C), THE TERM
     5  OF EACH MEMBER SHALL BE FOUR YEARS OR UNTIL SUCH TIME AS A
     6  SUCCESSOR HAS BEEN APPOINTED AND QUALIFIED, BUT NOT LONGER IN
     7  ANY EVENT THAN SIX MONTHS BEYOND THE FOUR-YEAR PERIOD. IN THE
     8  EVENT THAT ANY MEMBER DIES OR RESIGNS DURING THE MEMBER'S TERM
     9  OF OFFICE, THE MEMBER'S SUCCESSOR SHALL BE APPOINTED IN THE SAME
    10  WAY AND WITH THE SAME QUALIFICATIONS AS SET FORTH IN SUBSECTION
    11  (A) AND SHALL HOLD OFFICE FOR THE UNEXPIRED TERM. ALL MEMBERS,
    12  EXCLUDING THE SECRETARY OR THE SECRETARY'S DESIGNEE, SHALL BE
    13  APPOINTED BY THE GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF
    14  THE MAJORITY OF MEMBERS ELECTED TO THE SENATE.
    15     (C)  INITIAL APPOINTMENTS.--WITHIN 90 DAYS OF THE EFFECTIVE
    16  DATE OF THIS CHAPTER, THE GOVERNOR SHALL NOMINATE:
    17         (1)  TWO REPRESENTATIVES OF SOCIETIES FOR THE PREVENTION
    18     OF CRUELTY TO ANIMALS, ONE OF WHOM SHALL SERVE A TWO-YEAR
    19     TERM AND ONE OF WHOM SHALL SERVE A FOUR-YEAR TERM.
    20         (2)  A HUMANE SOCIETY POLICE OFFICER, WHO SHALL SERVE A
    21     TWO-YEAR TERM.
    22         (3)  TWO REPRESENTATIVES OF FARM ORGANIZATIONS, ONE OF
    23     WHOM SHALL SERVE A ONE-YEAR TERM AND ONE OF WHOM SHALL SERVE
    24     A THREE-YEAR TERM.
    25  THE HUMANE SOCIETY POLICE OFFICER INITIALLY APPOINTED PURSUANT
    26  TO THIS SUBSECTION NEED NOT BE APPOINTED BY THE PROVISIONS OF
    27  THIS CHAPTER BUT, AT THE TIME OF APPOINTMENT TO THE BOARD, MUST
    28  HAVE BEEN EMPLOYED AS A HUMANE SOCIETY POLICE OFFICER FOR A
    29  MINIMUM OF TWO YEARS PRIOR TO THE EFFECTIVE DATE OF THIS
    30  SECTION.
    20030S0871B1435                 - 23 -     

     1     (D)  ABSENCES.--ANY MEMBERS WHO FAILS TO ATTEND THREE
     2  CONSECUTIVE BOARD MEETINGS SHALL FORFEIT THE MEMBER'S SEAT
     3  UNLESS THE SECRETARY, UPON WRITTEN REQUEST FROM THE MEMBER,
     4  FINDS THAT THE MEMBER SHOULD BE EXCUSED FROM A MEETING DUE TO
     5  ILLNESS OR DEATH OF A FAMILY MEMBER.
     6     (E)  COMPENSATION.--EACH MEMBER OF THE BOARD, EXCEPT THE
     7  SECRETARY OR THE SECRETARY'S DESIGNEE, SHALL RECEIVE PER DIEM
     8  COMPENSATION AT THE RATE OF $60 PER DAY WHEN ACTUALLY ATTENDING
     9  TO THE WORK OF THE BOARD. MEMBERS SHALL ALSO RECEIVE REASONABLE
    10  TRAVEL, HOTEL AND OTHER NECESSARY EXPENSES INCURRED IN THE
    11  PERFORMANCE OF THEIR DUTIES IN ACCORDANCE WITH COMMONWEALTH
    12  REGULATION.
    13     (F)  FORFEITURE FOR NONATTENDANCE.--A PUBLIC MEMBER WHO FAILS
    14  TO ATTEND TWO CONSECUTIVE STATUTORILY MANDATED TRAINING SEMINARS
    15  IN ACCORDANCE WITH SECTION 813(E) OF THE ACT OF APRIL 9, 1929
    16  (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929,
    17  SHALL FORFEIT THE MEMBER'S SEAT UNLESS THE SECRETARY, UPON
    18  WRITTEN REQUEST FROM THE PUBLIC MEMBER, FINDS THAT THE PUBLIC
    19  MEMBER SHOULD BE EXCUSED FROM A MEETING BECAUSE OF ILLNESS OR
    20  THE DEATH OF A FAMILY MEMBER.
    21     (G)  QUORUM.--A MAJORITY OF THE MEMBERS OF THE BOARD SERVING
    22  IN ACCORDANCE WITH LAW SHALL CONSTITUTE A QUORUM FOR THE
    23  PURPOSES OF CONDUCTING THE BUSINESS OF THE BOARD. A MEMBER MAY
    24  NOT BE COUNTED AS PART OF A QUORUM OR VOTE ON ANY ISSUE UNLESS
    25  THAT MEMBER IS PHYSICALLY IN ATTENDANCE AT THE MEETING.
    26     (H)  MEETINGS.--THE BOARD SHALL MEET AT LEAST TWICE A YEAR IN
    27  HARRISBURG, PENNSYLVANIA.
    28     (I)  NOTICE.--REASONABLE NOTICE OF ALL MEETINGS SHALL BE
    29  GIVEN IN CONFORMITY WITH 65 PA.C.S. CH. 7 (RELATING TO OPEN
    30  MEETINGS).
    20030S0871B1435                 - 24 -     

     1     (J)  OPERATING PROCEDURES.--THE BOARD SHALL MEET WITHIN 30
     2  DAYS AFTER THE APPOINTMENT OF ITS MEMBERS AND ESTABLISH
     3  OPERATING PROCEDURES AND DEVELOP APPLICATION FORMS FOR THE
     4  APPOINTMENT OF HUMANE SOCIETY POLICE OFFICERS. IT SHALL BE THE
     5  RESPONSIBILITY OF THE BOARD TO CIRCULATE THESE FORMS AND EDUCATE
     6  THE PUBLIC TO THE REQUIREMENTS OF APPOINTMENT IN ORDER TO HOLD
     7  ONESELF OUT AS A HUMANE SOCIETY POLICE OFFICER WITHIN THIS
     8  COMMONWEALTH.
     9  § 3705.  POWERS OF THE BOARD.
    10     THE BOARD SHALL HAVE THE FOLLOWING POWERS:
    11         (1)  TO APPROVE THE QUALIFICATIONS OF APPLICANTS FOR
    12     APPOINTMENTS TO BECOME HUMANE SOCIETY POLICE OFFICERS.
    13         (2)  TO ADOPT AND FROM TIME TO TIME REVISE SUCH RULES AND
    14     REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THIS CHAPTER.
    15     REGULATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, STANDARDS OF
    16     PROFESSIONAL PRACTICE AND CONDUCT FOR HUMANE SOCIETY POLICE
    17     OFFICERS.
    18         (3)  TO EXAMINE FOR, DENY, APPROVE, ISSUE, REVOKE,
    19     SUSPEND OR RENEW APPOINTMENTS OF HUMANE SOCIETY POLICE
    20     OFFICERS PURSUANT TO THIS CHAPTER AND TO CONDUCT HEARINGS IN
    21     CONNECTION WITH THIS CHAPTER.
    22         (4)  TO PROMULGATE REGULATIONS THAT GOVERN THE BOARDING
    23     OF ANIMALS SEIZED BY A HUMANE SOCIETY POLICE OFFICER PURSUANT
    24     TO 18 PA.C.S. § 5511(L) (RELATING TO CRUELTY TO ANIMALS).
    25     REGULATIONS SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE
    26     APPROPRIATE PROCEDURES FOR THE SEIZURE OF ANIMALS AND THE
    27     AMOUNT IN FEES THAT SHALL BE CHARGED FOR THE CARE OF SEIZED
    28     ANIMALS IN THE CUSTODY OF A HUMANE SOCIETY POLICE OFFICER OR
    29     SOCIETY OR ASSOCIATION FOR THE PREVENTION OF CRUELTY TO
    30     ANIMALS.
    20030S0871B1435                 - 25 -     

     1         (5)  TO PROMULGATE REGULATIONS THAT ESTABLISH APPOINTMENT
     2     QUALIFICATION REQUIREMENTS IN ADDITION TO THOSE SPECIFIED IN
     3     SECTION 3707 (RELATING TO QUALIFICATIONS FOR APPOINTMENT).
     4         (6)  TO WAIVE EDUCATION REQUIREMENTS AND MAKE AN
     5     APPOINTMENT IN CASES DEEMED EXCEPTIONAL BY THE BOARD AND IN
     6     ACCORDANCE WITH REGULATIONS PROMULGATED BY THE BOARD.
     7         (7)  TO CONDUCT HEARINGS UPON COMPLAINTS CONCERNING
     8     VIOLATIONS OF THIS CHAPTER AND THE RULES AND REGULATIONS
     9     ADOPTED PURSUANT TO THIS CHAPTER AND SEEK THE PROSECUTION AND
    10     ENJOINDER OF ALL SUCH VIOLATIONS.
    11         (8)  TO HAVE SUMMONS AND SUBPOENAS ISSUED, IF NECESSARY,
    12     FOR ANY WITNESSES OR SUBPOENAS DUCES TECUM IN CONNECTION WITH
    13     ANY MATTER WITHIN JURISDICTION OF THE BOARD.
    14  § 3706.  DUTIES OF THE BOARD.
    15     (A)  RECORDS OF PROCEEDINGS.--THE BOARD SHALL KEEP A RECORD
    16  OF ITS PROCEEDINGS AND RECORDS RELATING TO APPLICATIONS,
    17  ISSUANCE, DENIAL, SUSPENSION AND REVOCATION OF APPOINTMENT FOR
    18  HUMANE SOCIETY POLICE OFFICERS. ALL APPOINTMENTS ISSUED BY THE
    19  BOARD SHALL BE NUMBERED AND RECORDED, AND A FILE KEPT FOR THAT
    20  PURPOSE, AND SUCH FILE OR RECORD SHALL BE OPEN TO THE PUBLIC.
    21  RECORDS RELATING TO AN INDIVIDUAL'S APPOINTMENT AS A HUMANE
    22  SOCIETY POLICE OFFICER SHALL INCLUDE THE NAME, AGE, ADDRESS,
    23  EMPLOYING SOCIETY OR ASSOCIATION FOR THE PREVENTION OF CRUELTY
    24  TO ANIMALS, RECORD OF COMPLIANCE WITH ALL TRAINING AND
    25  CONTINUING EDUCATION REQUIREMENTS PURSUANT TO THIS CHAPTER AND
    26  OTHER SUCH INFORMATION AS THE BOARD DEEMS APPROPRIATE. THE
    27  RECORDS OF THE BOARD SHALL BE PRIMA FACIE EVIDENCE IN THE
    28  PROCEEDINGS AND A CERTIFIED TRANSCRIPT BY THE SECRETARY SHALL BE
    29  ADMISSIBLE IN EVIDENCE WITH THE SAME FORCE AND EFFECT AS IF THE
    30  ORIGINAL WERE PRODUCED.
    20030S0871B1435                 - 26 -     

     1     (B)  ANNUAL REPORT.--THE BOARD SHALL SUBMIT ANNUALLY A REPORT
     2  TO THE AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE SENATE AND
     3  THE AGRICULTURE AND RURAL AFFAIRS COMMITTEE OF THE HOUSE OF
     4  REPRESENTATIVES CONTAINING A DESCRIPTION OF THE TYPES OF
     5  COMPLAINTS RECEIVED, STATUS OF THE CASES, BOARD ACTION WHICH HAS
     6  BEEN TAKEN AND LENGTH OF TIME FROM THE INITIAL COMPLAINT TO
     7  FINAL BOARD RESOLUTION.
     8     (C)  BUDGET REQUEST.--THE BOARD SHALL SUBMIT ANNUALLY TO THE
     9  APPROPRIATIONS COMMITTEE OF THE SENATE AND THE APPROPRIATIONS
    10  COMMITTEE OF THE HOUSE OF REPRESENTATIVES, 15 DAYS AFTER THE
    11  GOVERNOR HAS SUBMITTED HIS BUDGET TO THE GENERAL ASSEMBLY, A
    12  COPY OF THE BUDGET REQUEST FOR THE UPCOMING FISCAL YEAR WHICH
    13  THE BOARD PREVIOUSLY SUBMITTED TO THE DEPARTMENT.
    14  § 3707.  QUALIFICATIONS FOR APPOINTMENT.
    15     (A)  GENERAL RULE.--A SOCIETY OR ASSOCIATION FOR THE
    16  PREVENTION OF CRUELTY TO ANIMALS MAY APPLY TO THE BOARD FOR THE
    17  APPOINTMENT OF AN INDIVIDUAL AS A HUMANE SOCIETY POLICE OFFICER.
    18  AN APPLICANT SHALL BE QUALIFIED FOR AN APPOINTMENT TO HOLD
    19  ONESELF OUT AS A HUMANE SOCIETY POLICE OFFICER, PROVIDED THE
    20  APPLICANT SUBMITS PROOF SATISFACTORY TO THE BOARD AND THE BOARD
    21  FINDS THAT THE APPLICANT:
    22         (1)  IS OF GOOD MORAL CHARACTER.
    23         (2)  IS A RESIDENT OF THIS COMMONWEALTH.
    24         (3)  IS IN THE EMPLOY, EITHER PART TIME OR FULL TIME, OF
    25     A SOCIETY OR ASSOCIATION FOR THE PREVENTION OF CRUELTY TO
    26     ANIMALS.
    27         (4)  HAS SUCCESSFULLY COMPLETED THE EDUCATION
    28     REQUIREMENTS PURSUANT TO SECTION 3715 (RELATING TO TRAINING
    29     PROGRAM).
    30         (5)  HAS OBTAINED A CRIMINAL HISTORY REPORT FROM THE
    20030S0871B1435                 - 27 -     

     1     PENNSYLVANIA STATE POLICE PURSUANT TO 18 PA.C.S. CH. 91
     2     (RELATING TO CRIMINAL HISTORY RECORD INFORMATION) OR A
     3     STATEMENT FROM THE PENNSYLVANIA STATE POLICE THAT THE
     4     PENNSYLVANIA STATE POLICE CENTRAL REPOSITORY CONTAINS NO
     5     PERTINENT INFORMATION RELATING TO THE INDIVIDUAL WHO IS THE
     6     SUBJECT OF THE APPLICATION. THE CRIMINAL HISTORY RECORD
     7     INFORMATION SHALL BE LIMITED TO THAT WHICH MAY BE
     8     DISSEMINATED PURSUANT TO 18 PA.C.S. § 9121(B)(2) (RELATING TO
     9     GENERAL REGULATIONS).
    10         (6)  HAS NOT BEEN CONVICTED OF A FELONY UNDER THE ACT OF
    11     APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED
    12     SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR OF AN OFFENSE
    13     UNDER THE LAWS OF ANOTHER JURISDICTION, WHICH, IF COMMITTED
    14     IN THIS COMMONWEALTH, WOULD BE A FELONY UNDER THE CONTROLLED
    15     SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, UNLESS:
    16             (I)  AT LEAST TEN YEARS HAVE ELAPSED FROM THE DATE OF
    17         CONVICTION;
    18             (II)  THE APPLICANT SATISFACTORILY DEMONSTRATES TO
    19         THE BOARD THAT THE APPLICANT HAS MADE SIGNIFICANT
    20         PROGRESS IN PERSONAL REHABILITATION SINCE THE CONVICTION,
    21         SUCH THAT APPOINTMENT OF THE APPLICANT SHOULD NOT BE
    22         EXPECTED TO CREATE A SUBSTANTIAL RISK OF HARM TO THE
    23         HEALTH AND SAFETY OF THE PUBLIC OR A SUBSTANTIAL RISK OF
    24         FURTHER CRIMINAL VIOLATIONS; AND
    25             (III)  THE APPLICANT OTHERWISE SATISFIES THE
    26         QUALIFICATIONS CONTAINED IN OR AUTHORIZED BY THIS
    27         CHAPTER.
    28     AS USED IN THIS PARAGRAPH, THE TERM "CONVICTED" SHALL INCLUDE
    29     A JUDGMENT, AN ADMISSION OF GUILT OR A PLEA OF NOLO
    30     CONTENDERE.
    20030S0871B1435                 - 28 -     

     1         (7)  HAS NOT BEEN CONVICTED OF VIOLATING 18 PA.C.S. §
     2     5301 (RELATING TO OFFICIAL OPPRESSION).
     3         (8)  HAS COMPLIED WITH ANY ADDITIONAL QUALIFICATION
     4     REQUIREMENTS PROMULGATED BY REGULATION.
     5  § 3708.  TEMPORARY APPOINTMENT.
     6     (A)  TEMPORARY APPOINTMENT.--A SOCIETY OR ASSOCIATION FOR THE
     7  PREVENTION OF CRUELTY TO ANIMALS MAY PETITION THE BOARD FOR THE
     8  TEMPORARY APPOINTMENT OF AN INDIVIDUAL AS A HUMANE SOCIETY
     9  POLICE OFFICER, PROVIDED THAT:
    10         (1)  THE INDIVIDUAL:
    11             (I)  IS OF GOOD MORAL CHARACTER.
    12             (II)  IS A RESIDENT OF THIS COMMONWEALTH.
    13             (III)  IS IN THE EMPLOY, EITHER PART TIME OR FULL
    14         TIME, OF A SOCIETY OR ASSOCIATION FOR THE PREVENTION OF
    15         CRUELTY TO ANIMALS.
    16             (IV)  HAS NOT BEEN PREVIOUSLY APPOINTED UNDER THIS
    17         SECTION.
    18             (V)  SUBMITS TO THE BOARD THE CRIMINAL HISTORY
    19         INFORMATION PRESCRIBED IN SECTION 3707(5) (RELATING TO
    20         QUALIFICATIONS FOR APPOINTMENT).
    21             (VI)  HAS NOT BEEN CONVICTED OF A FELONY AS
    22         PRESCRIBED IN SECTION 3707(6).
    23             (VII)  HAS NOT BEEN CONVICTED OF VIOLATING 18 PA.C.S.
    24         § 5301 (RELATING TO OFFICIAL OPPRESSION).
    25         (2)  NO OTHER INDIVIDUAL THAT IS EMPLOYED, EITHER PART
    26     TIME OR FULL TIME, BY THE SOCIETY OR ASSOCIATION FOR THE
    27     PREVENTION OF CRUELTY TO ANIMALS IS CURRENTLY APPOINTED TO
    28     ACT AS A HUMANE SOCIETY POLICE OFFICER.
    29     (B)  EXPIRATION.--A TEMPORARY APPOINTMENT UNDER THIS SECTION
    30  SHALL EXPIRE AT THE END OF SIX MONTHS OR SUCH TIME AS THE
    20030S0871B1435                 - 29 -     

     1  INDIVIDUAL OR ANY OTHER EMPLOYEE OF THE SOCIETY OR ASSOCIATION
     2  FOR THE PREVENTION OF CRUELTY TO ANIMALS HAS BEEN PERMANENTLY
     3  APPOINTED BY THE BOARD TO ACT AS A HUMANE SOCIETY POLICE
     4  OFFICER, WHICHEVER IS EARLIER. NO MORE THAN ONE TEMPORARY
     5  APPOINTMENT SHALL BE EFFECTIVE FOR ANY SOCIETY OR ASSOCIATION
     6  FOR THE PREVENTION OF CRUELTY TO ANIMALS AT ANY TIME.
     7  § 3709.  REFUSAL, SUSPENSION AND REVOCATION OF APPOINTMENT.
     8     (A)  GROUNDS.--THE BOARD MAY REFUSE, SUSPEND, REVOKE, LIMIT
     9  OR RESTRICT AN APPOINTMENT OR REPRIMAND AN APPOINTEE FOR ANY OF
    10  THE FOLLOWING REASONS:
    11         (1)  BEING CONVICTED OF A FELONY OR A CRIME OF MORAL
    12     TURPITUDE IN ANY FEDERAL OR STATE COURT OR BEING CONVICTED OF
    13     THE EQUIVALENT OF A FELONY IN ANY FOREIGN COUNTRY, TERRITORY
    14     OR POSSESSION. AS USED IN THIS PARAGRAPH, THE TERM
    15     "CONVICTED" INCLUDES A FINDING OR VERDICT OF GUILT, AN
    16     ADMISSION OF GUILT OR A PLEA OF NOLO CONTENDERE OR RECEIVING
    17     PROBATION WITHOUT VERDICT, DISPOSITION IN LIEU OF TRIAL OR AN
    18     ACCELERATED REHABILITATIVE DISPOSITION IN THE DISPOSITION OF
    19     FELONY CHARGES.
    20         (2)  BEING FOUND BY THE BOARD TO HAVE COMMITTED AN ACT OR
    21     ACTS OF IMMORAL OR UNPROFESSIONAL CONDUCT.
    22         (3)  VIOLATING STANDARDS OF PROFESSIONAL PRACTICE OR
    23     CONDUCT ADOPTED BY THE BOARD.
    24         (4)  PRESENTING FALSE CREDENTIALS OR DOCUMENTS OR MAKING
    25     A FALSE OR MISLEADING STATEMENT OF FACT IN SUPPORT OF THE
    26     APPOINTEE'S APPLICATION FOR APPOINTMENT.
    27         (5)  SUBMITTING A FALSE OR MISLEADING BIENNIAL RENEWAL TO
    28     THE BOARD.
    29         (6)  VIOLATING A REGULATION PROMULGATED BY THE BOARD,
    30     INCLUDING, BUT NOT LIMITED TO, STANDARDS OF PROFESSIONAL
    20030S0871B1435                 - 30 -     

     1     PRACTICE AND CONDUCT OR VIOLATING AN ORDER OF THE BOARD
     2     PREVIOUSLY ENTERED IN A DISCIPLINARY PROCEEDING.
     3         (7)  BEING UNABLE TO ACT WITH REASONABLE SKILL AND SAFETY
     4     BY REASON OF ILLNESS, DRUNKENNESS, EXCESSIVE USE OF DRUGS,
     5     NARCOTICS, CHEMICALS OR ANY OTHER TYPE OF MATERIAL OR AS A
     6     RESULT OF ANY MENTAL OR PHYSICAL CONDITION. IN ENFORCING THIS
     7     PARAGRAPH, THE BOARD SHALL, UPON PROBABLE CAUSE, HAVE
     8     AUTHORITY TO COMPEL AN APPOINTEE TO SUBMIT TO A MENTAL OR
     9     PHYSICAL EXAMINATION BY A PHYSICIAN APPROVED BY THE BOARD.
    10     FAILURE OF AN APPOINTEE TO SUBMIT TO AN EXAMINATION WHEN
    11     DIRECTED BY THE BOARD, UNLESS THE FAILURE IS DUE TO
    12     CIRCUMSTANCES BEYOND THE APPOINTEE'S CONTROL, SHALL
    13     CONSTITUTE AN ADMISSION OF THE ALLEGATIONS AGAINST THE
    14     APPOINTEE, CONSEQUENT UPON WHICH A DEFAULT AND FINAL ORDER
    15     MAY BE ENTERED WITHOUT THE TAKING OF TESTIMONY OR
    16     PRESENTATION OF EVIDENCE.
    17         (8)  FAILING TO MEET ANY REQUIREMENT FOR QUALIFICATION
    18     ESTABLISHED PURSUANT TO SECTION 3707 (RELATING TO
    19     QUALIFICATIONS FOR APPOINTMENT).
    20     (B)  BOARD ACTION.--WHEN THE BOARD FINDS THAT THE APPOINTMENT
    21  OR APPLICATION FOR APPOINTMENT OF ANY INDIVIDUAL MAY BE REFUSED,
    22  REVOKED, RESTRICTED OR SUSPENDED UNDER THE TERMS OF SUBSECTION
    23  (A), THE BOARD MAY:
    24         (1)  DENY THE APPLICATION FOR AN APPOINTMENT.
    25         (2)  ADMINISTER A PUBLIC REPRIMAND.
    26         (3)  REVOKE, SUSPEND, LIMIT OR OTHERWISE RESTRICT AN
    27     APPOINTMENT AS DETERMINED BY THE BOARD.
    28         (4)  SUSPEND ENFORCEMENT OF ITS FINDINGS THEREOF AND
    29     PLACE AN APPOINTEE ON PROBATION WITH THE RIGHT TO VACATE THE
    30     PROBATIONARY ORDER FOR NONCOMPLIANCE.
    20030S0871B1435                 - 31 -     

     1     (C)  RESTORATION OF SUSPENDED APPOINTMENT.--THE BOARD MAY
     2  RESTORE A SUSPENDED APPOINTMENT OF AN INDIVIDUAL IF THE
     3  INDIVIDUAL PROVIDES TO THE BOARD EVIDENCE SUFFICIENT TO WARRANT
     4  RESTORATION AND THE BOARD DETERMINES THE GROUNDS FOR SUSPENSION
     5  HAVE BEEN SATISFACTORILY CORRECTED AND THE INDIVIDUAL OTHERWISE
     6  QUALIFIES FOR APPOINTMENT. IN RESTORING THE APPOINTMENT, THE
     7  BOARD MAY CONTINUE TO IMPOSE LIMITATIONS AND CORRECTIVE MEASURES
     8  THE BOARD DETERMINES TO BE NECESSARY TO ENSURE AN INDIVIDUAL'S
     9  COMPLIANCE WITH THE REQUIREMENTS OF THIS CHAPTER.
    10     (D)  HEARING.--ALL ACTIONS OF THE BOARD SHALL BE TAKEN
    11  SUBJECT TO THE RIGHT OF NOTICE, HEARING AND ADJUDICATION AND THE
    12  RIGHT OF APPEAL THEREFROM IN ACCORDANCE WITH 2 PA.C.S. (RELATING
    13  TO ADMINISTRATIVE LAW AND PROCEDURE).
    14     (E)  TEMPORARY SUSPENSION.--THE BOARD SHALL TEMPORARILY
    15  SUSPEND AN APPOINTMENT UNDER CIRCUMSTANCES AS DETERMINED BY THE
    16  BOARD TO BE AN IMMEDIATE AND CLEAR DANGER TO THE PUBLIC HEALTH
    17  AND SAFETY. THE BOARD SHALL ISSUE AN ORDER TO THAT EFFECT
    18  WITHOUT A HEARING, BUT UPON DUE NOTICE TO THE APPOINTEE
    19  CONCERNED AT THE LAST KNOWN ADDRESS OF THE APPOINTEE, WHICH
    20  SHALL INCLUDE A WRITTEN STATEMENT OF ALL ALLEGATIONS AGAINST THE
    21  APPOINTEE. SUBSECTION (D) SHALL NOT APPLY TO TEMPORARY
    22  SUSPENSION. THE BOARD SHALL THEREUPON COMMENCE FORMAL ACTION TO
    23  SUSPEND, REVOKE OR RESTRICT THE APPOINTMENT OF THE INDIVIDUAL
    24  CONCERNED AS OTHERWISE PROVIDED FOR IN THIS CHAPTER. ALL ACTIONS
    25  SHALL BE TAKEN PROMPTLY AND WITHOUT DELAY. WITHIN 30 DAYS
    26  FOLLOWING THE ISSUANCE OF AN ORDER TEMPORARILY SUSPENDING AN
    27  APPOINTMENT, THE BOARD SHALL CONDUCT, OR CAUSE TO BE CONDUCTED,
    28  A PRELIMINARY HEARING TO DETERMINE THAT THERE IS A PRIMA FACIE
    29  CASE SUPPORTING THE SUSPENSION. THE APPOINTEE WHOSE APPOINTMENT
    30  HAS BEEN TEMPORARILY SUSPENDED MAY BE PRESENT AT THE PRELIMINARY
    20030S0871B1435                 - 32 -     

     1  HEARING AND MAY BE REPRESENTED BY COUNSEL, CROSS-EXAMINE
     2  WITNESSES, INSPECT PHYSICAL EVIDENCE, CALL WITNESSES, OFFER
     3  EVIDENCE AND TESTIMONY AND MAKE A RECORD OF THE PROCEEDINGS. IF
     4  IT IS DETERMINED THAT THERE IS NOT A PRIMA FACIE CASE, THE
     5  SUSPENDED APPOINTMENT SHALL BE IMMEDIATELY RESTORED. THE
     6  TEMPORARY SUSPENSION SHALL REMAIN IN EFFECT UNTIL VACATED BY THE
     7  BOARD, BUT IN NO EVENT LONGER THAN 180 DAYS.
     8     (F)  AUTOMATIC SUSPENSION.--
     9         (1)  AN APPOINTMENT ISSUED UNDER THIS CHAPTER SHALL
    10     AUTOMATICALLY BE SUSPENDED UPON THE LEGAL COMMITMENT OF AN
    11     APPOINTEE TO AN INSTITUTION BECAUSE OF MENTAL INCOMPETENCE
    12     FROM ANY CAUSE UPON FILING WITH THE BOARD OF A CERTIFIED COPY
    13     OF SUCH COMMITMENT, CONVICTION OF A FELONY UNDER THE ACT OF
    14     APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED
    15     SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR CONVICTION OF AN
    16     OFFENSE UNDER THE LAWS OF ANOTHER JURISDICTION, WHICH, IF
    17     COMMITTED IN THIS COMMONWEALTH, WOULD BE A FELONY UNDER THE
    18     CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
    19         (2)  AUTOMATIC SUSPENSION UNDER THIS SECTION SHALL NOT BE
    20     STAYED PENDING AN APPEAL OF LEGAL COMMITMENT OR CONVICTION.
    21     RESTORATION OF SUCH APPOINTMENT SHALL BE MADE AS PROVIDED IN
    22     SUBSECTION (C).
    23         (3)  THE BOARD MAY ACT TO REVOKE THE APPOINTMENT OF ANY
    24     INDIVIDUAL WHOSE ACTIONS HAVE CAUSED THE INDIVIDUAL'S
    25     APPOINTMENT TO BE AUTOMATICALLY SUSPENDED UNDER THIS
    26     SUBSECTION.
    27         (4)  AS USED IN THIS PARAGRAPH, THE TERM "CONVICTION"
    28     SHALL INCLUDE A JUDGMENT, AN ADMISSION OF GUILT OR A PLEA OF
    29     NOLO CONTENDERE.
    30  § 3710.  REINSTATEMENT OF APPOINTMENT.
    20030S0871B1435                 - 33 -     

     1     THE BOARD SHALL NOT REINSTATE THE APPOINTMENT WHICH HAS BEEN
     2  REVOKED OF AN INDIVIDUAL TO ACT AS A HUMANE SOCIETY POLICE
     3  OFFICER PURSUANT TO THIS CHAPTER. ANY INDIVIDUAL WHOSE
     4  APPOINTMENT HAS BEEN REVOKED MAY APPLY FOR REINSTATEMENT AFTER A
     5  PERIOD OF AT LEAST FIVE YEARS. THE APPOINTMENT OF AN INDIVIDUAL
     6  WHOSE APPOINTMENT IS REVOKED MAY ONLY BE REINSTATED IF THE
     7  INDIVIDUAL PROVIDES TO THE BOARD EVIDENCE SUFFICIENT TO WARRANT
     8  REINSTATEMENT AND THE BOARD DETERMINES THE INDIVIDUAL MEETS ALL
     9  OF THE QUALIFICATIONS REQUIRED TO BE MET UNDER THIS CHAPTER FOR
    10  APPOINTMENT AS A HUMANE SOCIETY POLICE OFFICER.
    11  § 3711.  SURRENDER OF SUSPENDED OR REVOKED APPOINTMENT.
    12     THE BOARD SHALL REQUIRE AN INDIVIDUAL WHOSE APPOINTMENT HAS
    13  BEEN SUSPENDED OR REVOKED TO RETURN THE APPOINTMENT IN SUCH
    14  MANNER AS THE BOARD DIRECTS.
    15  § 3712.  JURISDICTION OF HUMANE SOCIETY POLICE OFFICERS.
    16     (A)  GENERAL RULE.--AN INDIVIDUAL APPOINTED AS A HUMANE
    17  SOCIETY POLICE OFFICER IN ACCORDANCE WITH THIS CHAPTER SHALL
    18  HAVE THE POWER AND AUTHORITY TO ENFORCE THE PROVISIONS OF 18
    19  PA.C.S. § 5511 (RELATING TO CRUELTY TO ANIMALS) OR OTHERWISE
    20  PERFORM THE FUNCTIONS OF THE OFFICE OF HUMANE SOCIETY POLICE
    21  OFFICER ANYWHERE WITHIN THIS COMMONWEALTH.
    22     (B)  FILING REQUIREMENT.--PRIOR TO EXERCISING THE POWER AND
    23  AUTHORITY SET FORTH BY THIS CHAPTER WITHIN A COUNTY, EACH
    24  APPOINTED HUMANE SOCIETY POLICE OFFICER SHALL FILE NOTICE ALONG
    25  WITH A COPY OF THE APPOINTMENT GRANTED UNDER THIS CHAPTER WITH
    26  THE DISTRICT ATTORNEY IN EACH COUNTY IN WHICH THE OFFICER IS
    27  DIRECTED TO ACT BY THE EMPLOYING SOCIETY OR ASSOCIATION FOR THE
    28  PREVENTION OF CRUELTY TO ANIMALS.
    29  § 3713.  PENALTIES.
    30     (A)  CRIMINAL PENALTIES.--A PERSON WHO VIOLATES THIS CHAPTER
    20030S0871B1435                 - 34 -     

     1  COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON
     2  CONVICTION, BE SENTENCED TO PAY A FINE OF UP TO $1,000 OR TO
     3  IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR BOTH.
     4     (B)  CIVIL PENALTY.--IN ADDITION TO ANY OTHER CIVIL REMEDY OR
     5  CRIMINAL PENALTY PROVIDED FOR IN THIS CHAPTER, THE BOARD, BY A
     6  VOTE OF THE MAJORITY OF THE MAXIMUM NUMBER OF THE AUTHORIZED
     7  MEMBERSHIP OF THE BOARD AS PROVIDED BY LAW, OR BY A VOTE OF THE
     8  MAJORITY OF THE QUALIFIED AND CONFIRMED MEMBERSHIP OR A MINIMUM
     9  OF THREE MEMBERS, WHICHEVER IS GREATER, MAY LEVY A CIVIL PENALTY
    10  OF UP TO $1,000 ON ANY CURRENT APPOINTEE OR ASSOCIATION OR
    11  SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS WHO VIOLATES
    12  ANY PROVISION OF THIS CHAPTER OR ON ANY PERSON WHO HOLDS HIMSELF
    13  OR HERSELF OUT AS A HUMANE SOCIETY POLICE OFFICER WITHOUT BEING
    14  SO APPOINTED PURSUANT TO THIS CHAPTER. THE BOARD SHALL LEVY THIS
    15  PENALTY ONLY AFTER AFFORDING THE ACCUSED PARTY THE OPPORTUNITY
    16  FOR A HEARING, AS PROVIDED IN 2 PA.C.S. (RELATING TO
    17  ADMINISTRATIVE LAW AND PROCEDURE).
    18     (C)  DISPOSITION.--ALL FINES AND CIVIL PENALTIES IMPOSED IN
    19  ACCORDANCE WITH THIS SECTION SHALL BE PAID INTO THE HUMANE
    20  SOCIETY POLICE OFFICER TRAINING AND EDUCATION ACCOUNT.
    21  § 3714.  APPOINTMENT RENEWAL; FEES.
    22     (A)  RENEWAL TERM.--RENEWAL OF APPOINTMENT SHALL BE ON A
    23  BIENNIAL BASIS. A SOCIETY OR ASSOCIATION FOR THE PREVENTION OF
    24  CRUELTY TO ANIMALS MAY APPLY TO THE BOARD FOR THE RENEWAL OF AN
    25  APPOINTMENT OF AN INDIVIDUAL AS A HUMANE SOCIETY POLICE OFFICER.
    26  THE BOARD SHALL BY REGULATION REQUIRE EVIDENCE OF CONTINUING
    27  EDUCATION PURSUANT TO SECTION 3716 (RELATING TO CONTINUING
    28  EDUCATION) AS A CONDITION OF APPOINTMENT RENEWAL.
    29     (B)  FEES.--
    30         (1)  EXCEPT FOR THE FEES SET FORTH IN PARAGRAPH (3), ALL
    20030S0871B1435                 - 35 -     

     1     FEES REQUIRED PURSUANT TO THIS CHAPTER SHALL BE FIXED BY THE
     2     BOARD BY REGULATION AND SHALL BE SUBJECT TO THE ACT OF JUNE
     3     25, 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY REVIEW
     4     ACT. IF THE REVENUES RAISED BY FEES, FINES AND CIVIL
     5     PENALTIES IMPOSED PURSUANT TO THIS CHAPTER ARE NOT SUFFICIENT
     6     TO MEET EXPENDITURES OVER A TWO-YEAR PERIOD, THE BOARD SHALL
     7     INCREASE THOSE FEES BY REGULATION SO THAT THE PROJECTED
     8     REVENUES WILL MEET OR EXCEED PROJECTED EXPENDITURES.
     9         (2)  IF THE DEPARTMENT DETERMINES THAT THE FEES
    10     ESTABLISHED BY THE BOARD PURSUANT TO PARAGRAPH (1) ARE
    11     INADEQUATE TO MEET THE MINIMUM ENFORCEMENT EFFORTS REQUIRED
    12     BY THIS CHAPTER, THEN THE DEPARTMENT, AFTER CONSULTATION WITH
    13     THE BOARD AND SUBJECT TO THE REGULATORY REVIEW ACT, SHALL
    14     INCREASE THE FEES BY REGULATION IN AN AMOUNT SO THAT ADEQUATE
    15     REVENUES ARE RAISED TO MEET THE REQUIRED ENFORCEMENT EFFORT.
    16         (3)  THE BOARD SHALL CHARGE THE FOLLOWING:
    17             (I)  APPLICATION FOR APPOINTMENT - $50.
    18             (II)  INITIAL APPOINTMENT - $100.
    19             (III)  BIENNIAL RENEWAL - $50.
    20  § 3715.  TRAINING PROGRAM.
    21     (A)  CONTRACTS.--THE BOARD SHALL CONTRACT WITH AN ACCREDITED
    22  COLLEGE OR UNIVERSITY, INCLUDING A COMMUNITY COLLEGE, OR OTHER
    23  PUBLIC OR PRIVATE ENTITY FOR THE ESTABLISHMENT OF A PROGRAM FOR
    24  THE TRAINING OF INDIVIDUALS TO ACT AS HUMANE SOCIETY POLICE
    25  OFFICERS.
    26     (B)  MINIMUM REQUIREMENTS.--THE PROGRAM FOR THE TRAINING OF
    27  HUMANE SOCIETY POLICE OFFICERS MUST INCLUDE, AT A MINIMUM, A
    28  TOTAL OF 56 HOURS OF INSTRUCTION, IN ACCORDANCE WITH SUBSECTION
    29  (C).
    30     (C)  CURRICULUM.--THE PROGRAM FOR THE TRAINING OF HUMANE
    20030S0871B1435                 - 36 -     

     1  SOCIETY POLICE OFFICERS MUST PROVIDE INSTRUCTION IN THE
     2  FOLLOWING INSTRUCTIONAL AREAS:
     3         (1)  AT LEAST 32 HOURS OF INSTRUCTION SHALL BE PROVIDED
     4     ON THE FOLLOWING:
     5             (I)  CRUELTY TO ANIMALS LAWS.
     6             (II)  CARE AND TREATMENT OF ANIMALS.
     7             (III)  PENNSYLVANIA RULES OF CRIMINAL PROCEDURE.
     8             (IV)  ANY OTHER AREAS OF INSTRUCTION AS DETERMINED BY
     9         THE BOARD.
    10         (2)  AT LEAST 24 HOURS OF INSTRUCTION SHALL BE PROVIDED
    11     ON THE FOLLOWING:
    12             (I)  ANIMAL HUSBANDRY PRACTICES CONSTITUTING NORMAL
    13         AGRICULTURAL OPERATION.
    14             (II)  PRACTICES ACCEPTED IN THE AGRICULTURAL INDUSTRY
    15         IN THE RAISING, KEEPING AND PRODUCTION OF AGRICULTURAL
    16         ANIMALS.
    17             (III)  CHARACTERISTICS OF AGRICULTURAL ANIMALS LIKELY
    18         EVIDENCING CARE THAT IS IN VIOLATION OF THE CRUELTY TO
    19         ANIMALS LAWS.
    20             (IV)  PROPER CARE AND HANDLING OF AGRICULTURAL
    21         ANIMALS PURSUANT TO ENFORCEMENT OF THE CRUELTY TO ANIMALS
    22         LAWS.
    23             (V)  TREATMENTS ADMINISTERED AND RESEARCH CONDUCTED
    24         DURING THE NORMAL SCOPE OF VETERINARIAN PRACTICES.
    25             (VI)  ANY OTHER AREAS OF INSTRUCTION AS DETERMINED BY
    26         THE BOARD.
    27     (D)  FINAL EXAMINATION.--THE TRAINING PROGRAM SHALL REQUIRE
    28  INDIVIDUALS, AS A PREREQUISITE TO SUCCESSFUL COMPLETION OF THE
    29  PROGRAM, TO TAKE AND PASS A FINAL EXAMINATION THAT SUFFICIENTLY
    30  MEASURES THE INDIVIDUAL'S KNOWLEDGE AND UNDERSTANDING OF THE
    20030S0871B1435                 - 37 -     

     1  INSTRUCTIONAL MATERIAL.
     2     (E)  OPTIONAL TRAINING PROGRAMS.--A HUMANE SOCIETY POLICE
     3  OFFICER MAY SATISFY THE TRAINING REQUIREMENTS OF SUBSECTION (A)
     4  AND THE CONTINUING EDUCATION REQUIREMENTS OF SECTION 3716(B)
     5  (RELATING TO CONTINUING EDUCATION) BY SUCCESSFULLY COMPLETING A
     6  TRAINING PROGRAM DEVELOPED AND ADMINISTERED BY AN ACCREDITED
     7  COLLEGE OR UNIVERSITY OR COMMUNITY COLLEGE OR BY A PUBLIC OR
     8  PRIVATE ENTITY IF THE TRAINING PROGRAM HAS BEEN APPROVED BY THE
     9  BOARD AS MEETING THE REQUIREMENTS OF SUBSECTIONS (B), (C) AND
    10  (D) AND SECTION 3716(B). THE BOARD SHALL BY REGULATION ESTABLISH
    11  STANDARDS AND PROCEDURES FOR APPROVING OPTIONAL TRAINING
    12  PROGRAMS. PENDING PROMULGATION OF THE REGULATIONS, THE BOARD MAY
    13  ADOPT INTERIM GUIDELINES FOR APPROVAL OF OPTIONAL TRAINING
    14  PROGRAMS.
    15  § 3716.  CONTINUING EDUCATION.
    16     (A)  CONTRACT.--THE BOARD SHALL CONTRACT WITH AN ACCREDITED
    17  COLLEGE OR UNIVERSITY, INCLUDING A COMMUNITY COLLEGE, OR OTHER
    18  PUBLIC OR PRIVATE ENTITY FOR THE ESTABLISHMENT OF CONTINUING
    19  EDUCATION PROGRAMS FOR HUMANE SOCIETY POLICE OFFICERS. THE BOARD
    20  SHALL ADOPT, PROMULGATE AND ENFORCE RULES AND REGULATIONS
    21  CONSISTENT WITH THE PROVISIONS OF THIS CHAPTER ESTABLISHING
    22  REQUIREMENTS OF CONTINUING EDUCATION TO BE MET BY INDIVIDUALS
    23  APPOINTED AS HUMANE SOCIETY POLICE OFFICERS UNDER THIS CHAPTER
    24  AS A CONDITION FOR RENEWAL OF THEIR APPOINTMENT. AN INDIVIDUAL
    25  WHO HAS FAILED TO COMPLETE IN THE PRIOR APPOINTMENT PERIOD THE
    26  CONTINUING EDUCATION REQUIREMENTS PRESCRIBED IN SUBSECTION (B)
    27  SHALL NOT BE ISSUED A RENEWAL OF APPOINTMENT UNTIL THE EDUCATION
    28  REQUIREMENTS ARE COMPLETED. SUCH REGULATIONS SHALL INCLUDE ANY
    29  FEES NECESSARY FOR THE BOARD TO CARRY OUT ITS RESPONSIBILITIES
    30  UNDER THIS SECTION.
    20030S0871B1435                 - 38 -     

     1     (B)  MANDATORY CONTINUING EDUCATION.--BEGINNING WITH THE
     2  APPOINTMENT PERIOD DESIGNATED BY REGULATION, EACH INDIVIDUAL
     3  APPOINTED AS A HUMANE SOCIETY POLICE OFFICER PURSUANT TO THIS
     4  CHAPTER SHALL BE REQUIRED TO OBTAIN 10 HOURS OF MANDATORY
     5  CONTINUING EDUCATION DURING EACH TWO-YEAR APPOINTMENT PERIOD. AT
     6  LEAST THREE OF THE TEN HOURS OF INSTRUCTION MUST BE PROVIDED IN
     7  AREAS OF INSTRUCTION PRESCRIBED IN SECTION 3715(C)(2) (RELATING
     8  TO TRAINING PROGRAM).
     9     (C)  BOARD NOTICE.--THE BOARD SHALL INFORM APPOINTEES OF THE
    10  CONTINUING EDUCATION REQUIREMENT PRIOR TO THE RENEWAL PERIOD
    11  WHEN CONTINUING EDUCATION IS REQUIRED.
    12  § 3717.  LIMITATION ON POSSESSION OF FIREARMS.
    13     NO INDIVIDUAL APPOINTED AS A HUMANE SOCIETY POLICE OFFICER
    14  SHALL CARRY, POSSESS OR USE A FIREARM IN THE PERFORMANCE OF THE
    15  OFFICER'S DUTIES UNLESS THE INDIVIDUAL HOLDS A CURRENT AND VALID
    16  CERTIFICATION IN THE USE AND HANDLING OF FIREARMS PURSUANT TO AT
    17  LEAST ONE OF THE FOLLOWING:
    18         (1)  53 PA.C.S. CH. 21 SUBCH. D (RELATING TO MUNICIPAL
    19     POLICE EDUCATION AND TRAINING).
    20         (2)  THE ACT OF OCTOBER 10, 1974 (P.L.705, NO.235), KNOWN
    21     AS THE LETHAL WEAPONS TRAINING ACT.
    22         (3)  THE ACT OF FEBRUARY 9, 1984 (P.L.3, NO.2), KNOWN AS
    23     THE DEPUTY SHERIFFS' EDUCATION AND TRAINING ACT.
    24         (4)  ANY OTHER FIREARMS PROGRAM WHICH HAS BEEN DETERMINED
    25     BY THE COMMISSIONER OF THE PENNSYLVANIA STATE POLICE TO BE OF
    26     SUFFICIENT SCOPE AND DURATION AS TO PROVIDE THE PARTICIPANT
    27     WITH BASIC TRAINING IN THE USE AND HANDLING OF FIREARMS.
    28  § 3718.  SEARCH WARRANTS.
    29     NOTWITHSTANDING CONTRARY PROVISIONS OF 18 PA.C.S. § 5511(1)
    30  (RELATING TO CRUELTY TO ANIMALS) AND IN ADDITION TO THE
    20030S0871B1435                 - 39 -     

     1  REQUIREMENTS OF EXISTING LAW, ALL SEARCH WARRANT APPLICATIONS
     2  FILED IN CONNECTION WITH ALLEGED VIOLATIONS OF CRUELTY TO
     3  ANIMALS LAWS MUST HAVE THE APPROVAL OF THE DISTRICT ATTORNEY IN
     4  THE COUNTY OF THE ALLEGED OFFENSE PRIOR TO FILING.
     5  § 3719.  SOCIETIES OR ASSOCIATIONS FOR THE PREVENTION OF CRUELTY
     6                 TO ANIMALS.
     7     IT SHALL BE UNLAWFUL FOR ANY SOCIETY OR ASSOCIATION FOR THE
     8  PREVENTION OF CRUELTY TO ANIMALS TO EMPLOY AN INDIVIDUAL, EITHER
     9  PART TIME OR FULL TIME, AS A HUMANE SOCIETY POLICE OFFICER WHO
    10  HAS NOT OBTAINED AN APPOINTMENT IN ACCORDANCE WITH THIS CHAPTER.
    11  § 3720.  HUMANE SOCIETY POLICE OFFICER TRAINING AND EDUCATION
    12             ACCOUNT.
    13     (A)  ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED THE HUMANE
    14  SOCIETY POLICE OFFICER TRAINING AND EDUCATION ACCOUNT, A SPECIAL
    15  RESTRICTED RECEIPTS ACCOUNT WITHIN THE GENERAL FUND.
    16     (B)  SOURCES.--ALL MONEY PAID INTO THE STATE TREASURY UNDER
    17  THE PROVISIONS OF THIS CHAPTER, INCLUDING, BUT NOT LIMITED TO,
    18  FEES, FINES AND PENALTIES, SHALL BE PAID INTO THE HUMANE SOCIETY
    19  POLICE OFFICER TRAINING AND EDUCATION ACCOUNT. ANY INTEREST
    20  ACCRUED ON THE ACCOUNT SHALL BE CREDITED TO THE ACCOUNT FOR THE
    21  PURPOSE OF MEETING THE REQUIREMENTS OF THIS CHAPTER.
    22     (C)  PURPOSE.--MONEY AND INTEREST IN THE ACCOUNT SHALL BE
    23  APPROPRIATED FOR PAYMENT OF COSTS OF PROCESSING APPOINTMENTS AND
    24  RENEWALS, FOR THE OPERATION OF THE BOARD AND FOR OTHER GENERAL
    25  COSTS OF OPERATIONS RELATING TO THIS CHAPTER.
    26     (D)  CONTINUING APPROPRIATION.--THE MONEY IN THE ACCOUNT IS
    27  CONTINUOUSLY APPROPRIATED TO THE ACCOUNT. THIS APPROPRIATION
    28  SHALL NOT LAPSE AT THE END OF ANY FISCAL YEAR.
    29     (E)  ADMINISTRATION.--THE DEPARTMENT SHALL ADMINISTER THE
    30  ACCOUNT.
    20030S0871B1435                 - 40 -     

     1  § 3721.  SURCHARGE AND DISPOSITION OF FINES.
     2     (A)  LEVY AND IMPOSITION.--IN ADDITION TO ANY FINES, FEES OR
     3  PENALTIES LEVIED OR IMPOSED AS PROVIDED BY LAW, UNDER THIS
     4  CHAPTER OR ANY OTHER STATUTE, A SURCHARGE SHALL BE LEVIED FOR
     5  DISPOSITION IN ACCORDANCE WITH SUBSECTION (B) AS FOLLOWS:
     6         (1)  UPON CONVICTION FOR ANY VIOLATION OF 18 PA.C.S. §
     7     5511 (RELATING TO CRUELTY TO ANIMALS), A SURCHARGE OF $100.
     8         (2)  UPON CONVICTION FOR ANY VIOLATION OF 18 PA.C.S. §
     9     5511.1 (RELATING TO LIVE ANIMALS AS PRIZES PROHIBITED), A
    10     SURCHARGE OF $100.
    11         (3)  UPON CONVICTION FOR ANY VIOLATION OF 18 PA.C.S. §
    12     5511.2 (RELATING TO POLICE ANIMALS), A SURCHARGE OF $100.
    13     (B)  DISPOSITION.--NOTWITHSTANDING THE PROVISIONS OF 42
    14  PA.C.S. §§ 3571 (RELATING TO COMMONWEALTH PORTION OF FINES,
    15  ETC.) AND 3573 (RELATING TO MUNICIPAL CORPORATION PORTION OF
    16  FINES, ETC.), ALL SURCHARGES LEVIED AND COLLECTED UNDER
    17  SUBSECTION (A) BY A DIVISION OF THE UNIFIED JUDICIAL SYSTEM
    18  EXISTING UNDER SECTION 1 OF ARTICLE V OF THE CONSTITUTION OF
    19  PENNSYLVANIA AND 42 PA.C.S. § 301 (RELATING TO UNIFIED JUDICIAL
    20  SYSTEM) SHALL BE REMITTED TO THE COMMONWEALTH FOR DEPOSIT IN THE
    21  HUMANE SOCIETY POLICE OFFICER TRAINING AND EDUCATION ACCOUNT FOR
    22  THE PURPOSE OF FUNDING THE TRAINING PROGRAM ESTABLISHED IN
    23  SECTION 3715 (RELATING TO TRAINING PROGRAM) AND THE CONTINUING
    24  EDUCATION PROGRAM ESTABLISHED IN SECTION 3716 (RELATING TO
    25  CONTINUING EDUCATION). THE SURCHARGES LEVIED AND COLLECTED UNDER
    26  SUBSECTION (A) SHALL NOT BE DEPOSITED FOR THE CREDIT OR USE OF,
    27  OR OTHERWISE ALLOCATED, DIRECTED OR PAID TO, COUNTIES OR
    28  MUNICIPALITIES UNDER THE PROVISIONS OF 42 PA.C.S. CH. 35 SUBCH.
    29  E (RELATING TO FINES, ETC.) OR ANY OTHER STATUTE, THE CRIME
    30  VICTIM'S COMPENSATION FUND ESTABLISHED UNDER SECTION 1101(B)(1)
    20030S0871B1435                 - 41 -     

     1  OF THE ACT OF NOVEMBER 24, 1998 (P.L.882, NO.111), KNOWN AS THE
     2  CRIME VICTIMS ACT, THE VICTIM WITNESS SERVICES FUND ESTABLISHED
     3  UNDER SECTION 1101(B)(2) OF THE CRIME VICTIMS ACT, RAPE CRISIS
     4  CENTERS, THE EMERGENCY MEDICAL SERVICES OPERATING FUND, DOMESTIC
     5  VIOLENCE SHELTERS, THE JUDICIAL COMPUTER SYSTEM AUGMENTATION
     6  ACCOUNT ESTABLISHED UNDER 42 PA.C.S. CH. 37 SUBCH. C (RELATING
     7  TO JUDICIAL COMPUTER SYSTEM) OR UNDER ANY OTHER STATUTE.
     8     SECTION 3.  THE ACT OF DECEMBER 12, 1994 (P.L.956, NO.135),
     9  KNOWN AS THE HUMANE SOCIETY POLICE OFFICER ENFORCEMENT ACT, IS
    10  REPEALED.
    11     SECTION 4.  THIS ACT SHALL TAKE EFFECT IN 60 DAYS.













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