THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY DINNIMAN, ALLOWAY AND WASHINGTON, JUNE 23, 2010

REFERRED TO AGRICULTURE AND RURAL AFFAIRS, JUNE 23, 2010  

AN ACT

Amending the act of December 7, 1982 (P.L.784, No.225),

entitled, as amended, "An act relating to dogs, regulating

the keeping of dogs; providing for the licensing of dogs and

kennels; providing for the protection of dogs and the

detention and destruction of dogs in certain cases;

regulating the sale and transportation of dogs; declaring

dogs to be personal property and the subject of theft;

providing for the abandonment of animals; providing for the

assessment of damages done to animals; providing for payment

of damages by the Commonwealth in certain cases and the

liability of the owner or keeper of dogs for such damages;

imposing powers and duties on certain State and local

officers and employees; providing penalties; and creating a

Dog Law Restricted Account," further providing for

definitions, for issuance of dog licenses, for revocation or

refusal of kennel licenses, for seizure and detention of

dogs, for provisions relating to dog bites and for

disposition of fines and penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "department," "permanent

identification," "permanently identified" and "secretary" in

section 102 of the act of December 7, 1982 (P.L.784, No.225),

known as the Dog Law, amended October 9, 2008 (P.L.1450,

No.119), are amended to read:

Section 102.  Definitions.

The following words and phrases when used in this act shall

have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Department."  The [Pennsylvania Department of Agriculture]

Department of Health of the Commonwealth.

* * *

"Permanent identification" or "permanently identified."  Any

long-lasting identification designed to be nonremovable, such as

a tattoo or microchip, determined by the Department of

[Agriculture] Health through regulation. Any dog permanently

identified shall be required to bear a license tag in accordance

with the provisions of this act.

* * *

"Secretary."  The Secretary of [Agriculture] Health or any

person to whom authority has been delegated by the Secretary of

[Agriculture] Health.

* * *

Section 2.  Sections 200(b.1), 211(e), 302(b) and 502(a) of

the act, amended or added October 9, 2008 (P.L.1450, No.119),

are amended to read:

Section 200.  Issuance of dog licenses; compensation; proof

required; deposit of funds; records; license sales;

rules and regulations; failure to comply; unlawful

acts; penalty.

* * *

(b.1)  Mailings.--Advertisements, promotions, requests for

donations, solicitations and other materials may not add to the

cost of postage to be paid by the department and may not be

directly attached to a dog license application, dog license

renewal notice or other dog law document. Dog license mailings,

renewals and other notices related to State dog licenses shall

not contain any extraneous advertising, promotions, requests for

donations, solicitations or other materials unless the

advertisement, promotion, request for donation, solicitations or

other materials have met one of the following conditions:

(1)  They have been previously approved in writing by the

department.

(2)  They each contain a disclaimer stating that, "The

solicitation or request for a donation herein is not for a

program sponsored by, funded by or endorsed by the

Pennsylvania Department of [Agriculture] Health (the

Department). The Department takes no responsibility for this

program. Participation in this program is voluntary, is not a

condition of receiving a dog license and does not change the

cost of obtaining a dog license. Any donation will be

deposited into an account separate from the account for dog

license revenues."

* * *

Section 211.  Revocation or refusal of kennel licenses.

* * *

(e)  Bonding requirements.--The following shall apply to

bonding requirements:

(1)  If dogs are seized from a kennel under this act and

an administrative appeal is filed, within ten days of filing

the appeal, the owner of the licensed or unlicensed kennel

shall either:

(i)  post a surety bond in the amount determined by

the department applying the criteria set forth in

paragraph (2); or

(ii)  deposit a sum of money not to exceed 10% of the

amount of the surety bond determined by the department

applying the criteria set forth in paragraph (2).

(2)  The amount of the surety bond shall be based on the

number of dogs seized and shall be equal to the estimated

cost of transportation, care and feeding, pursuant to removal

and impoundment, for a period of 31 days.

(2.1)  Any surety bond posted pursuant to paragraph (1)

(i) shall be payable to the Commonwealth of Pennsylvania,

Department of [Agriculture] Health, Bureau of Dog Law

Enforcement. The department shall remit such funds to the

entity holding the dogs.

(2.2)  Any deposit pursuant to paragraph (1)(ii) shall be

held by the Department of [Agriculture] Health, Bureau of Dog

Law Enforcement, until after the appeal. If, after the

appeal, the dogs are not placed under the care of the owner

from which they were seized, the department shall be entitled

to keep the deposit and collect from the owner the remainder

of the amount determined by the department applying the

criteria set forth in paragraph (2).

(3)  If, after appeal, the dogs are placed under the care

of the owner from which they were seized, the department

shall reimburse the owner for the deposit or the reasonable

costs of the bond incurred under this subsection.

(4)  The department shall guarantee payment of any

difference in the amount paid to the holding entity and the

amount owed under paragraph (2). The department may refer the

matter to the Attorney General who may initiate an action in

the appropriate court to recover the amount paid under this

paragraph.

* * *

Section 302.  Seizure and detention of dogs; costs; destruction

of dogs.

* * *

(b)  Licensed dogs.--The State dog warden or employee of the

department, the animal control officer, or the chief of police

or his agents of any city, borough, town or township, the

constable of any borough and the constable of any incorporated

town or township shall cause any dog bearing a proper license

tag or permanent identification and so seized and detained to be

properly kept and fed at any licensed kennel approved by the

secretary for those purposes and shall cause immediate notice,

by personal service or registered or certified mail with return

receipt requested, to the last known address, which shall be set

forth in the license application record, of the person in whose

name the license was procured, or his agent, to claim the dog

within five days after receipt thereof. The owner or claimant of

a dog so detained shall pay a penalty of $50 to the political

subdivision whose police officers make the seizures and

detention and all reasonable expenses incurred by reason of its

detention to the detaining parties before the dog is returned.

If five days after obtaining the postal return receipt, the dog

has not been claimed, such chief of police, or his agent, or a

constable, or State dog warden or employee of the department

shall dispense the dog by sale or by giving it to a humane

society or association for the prevention of cruelty to animals.

No dog so caught and detained shall be sold for the purpose of

vivisection, or research, or be conveyed in any manner for these

purposes. All moneys derived from the sale of the dog, after

deducting the expenses of its detention, shall be paid through

the [Department of Agriculture] department to the State

Treasurer for credit to the Dog Law Restricted Account.

* * *

Section 502.  Dog bites; detention and isolation of dogs.

(a)  Confinement.--Any dog which bites or attacks a human

being shall be confined in quarters approved by a designated

employee of the [Department of Agriculture] department, a State

dog warden or employee of the [Department of Agriculture]

department, an animal control officer or a police officer. The

dog may be detained and isolated in an approved kennel or at the

dog owner's property or at another location approved by the

investigating officer. Where the dog is detained is at the

discretion of the investigating officer. All dogs so detained

must be isolated for a minimum of ten days. Any costs incurred

in the detaining and isolation of the dog shall be paid by the

offending dog's owner or keeper or both. If the dog's owner or

keeper is not known, the Commonwealth is responsible for all

reasonable costs for holding and detaining the dog.

* * *

Section 3.  Section 905 of the act is amended to read:

Section 905.  Disposition of fines and penalties.

If a prosecution pursuant to this act is initiated by a State

dog warden, employee of the department or State Police officer,

all fines forfeited, recognizances and other forfeitures

imposed, lost or forfeited under this act shall be payable

through the [Department of Agriculture] department into the

State Treasury for credit to the Dog Law Restricted Account. If

a prosecution pursuant to this act is initiated by a local

police officer or animal control officer, all fines forfeited,

recognizances and other forfeitures imposed, lost or forfeited

under this act shall be payable to the political subdivision

which employs such local police officer or animal control

officer.

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