PRINTER'S NO. 822
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
846
Session of
2023
INTRODUCED BY McNEILL, SAPPEY, GALLOWAY, HILL-EVANS, MADDEN,
KINSEY, T. DAVIS, HANBIDGE, CERRATO, ZABEL, PISCIOTTANO,
CIRESI, SCHLOSSBERG, SANCHEZ, DELLOSO, KINKEAD, SALISBURY,
BRENNAN, HOWARD, BENHAM, GUENST, VENKAT, PARKER, HOHENSTEIN,
STURLA, MERSKI, OTTEN, D. WILLIAMS, ISAACSON, SHUSTERMAN,
R. MACKENZIE, PROBST, MADSEN, NEILSON, DALEY, HADDOCK,
MATZIE, MUSTELLO, O'MARA, MARSHALL, WARREN, CONKLIN, WEBSTER,
BOROWSKI, TOMLINSON, INNAMORATO, MALAGARI, KRUEGER, VITALI
AND BIZZARRO, APRIL 10, 2023
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
APRIL 10, 2023
AN ACT
Amending the act of December 7, 1982 (P.L.784, No.225), entitled
"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," in short title and definitions, further providing
for definitions; in licenses, tags and kennels, further
providing for kennels; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "dealer kennel" in section 102
of the act of December 7, 1982 (P.L.784, No.225), known as the
Dog Law, is amended to read:
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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:
* * *
"Dealer kennel." A kennel operating within the Commonwealth
which:
(1) publicly or privately sells or offers for sale any
dog as an owner, agent or assignee for a fee, commission or
percentage of the sale price;
(2) transfers dogs at wholesale for resale to another;
or
(3) offers or maintains dogs at wholesale for resale to
another. The term does not include a pound, shelter, pet
shop-kennel or common carrier or a kennel defined elsewhere
in this section.
* * *
Section 2. Section 206(a) of the act is amended and the
section is amended by adding a subsection to read:
Section 206. Kennels.
(a) Applications, kennel license classifications and fees.--
Any person who keeps or operates a kennel shall, on or before
January 1 of each year, apply to the department for a kennel
license. Kennels shall be classified by type, and the fee for
the license shall be determined by the kennel type, the number
of dogs housed, kept, harbored, boarded, sheltered, sold, given
away or transferred in or by the kennel. The application forms
and kennel licenses shall be as designated by the secretary. A
separate license shall be required for each type of kennel and
every location at which a kennel is kept or operated. A kennel
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license is required to keep or operate any kennel. All kennel
licenses shall expire on December 31. When two or more licensed
kennels are operated by the same person at the same location,
each kennel shall be inspected and licensed as required by law.
Kennel Class I.
To keep or operate a private kennel, [pet shop-kennel,]
research kennel, rescue network kennel, dealer kennel or kennel
for a total of 50 dogs or less of any age during a calendar year
- $75 per year.
Kennel Class II.
To keep or operate a private kennel, [pet-shop kennel,]
research kennel, rescue network kennel, dealer kennel or kennel
for a total of 51 to 100 dogs of any age during a calendar year
- $200 per year.
Kennel Class III
To keep or operate a private kennel, [pet shop-kennel,]
research kennel, rescue network kennel, dealer kennel or kennel
for a total of 101 to 150 dogs of any age during a calendar year
- $300 per year.
Kennel Class IV
To keep or operate a private kennel, [pet shop-kennel,]
research kennel, rescue network kennel, dealer kennel or kennel
for a total of 151 to 250 dogs of any age during a calendar year
- $400 per year.
Kennel Class V
To keep or operate a private kennel, [pet shop-kennel,]
research kennel, rescue network kennel, dealer kennel or kennel
for a total of 251 to 500 dogs of any age during a calendar year
- $500 per year.
Kennel Class VI
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To keep or operate a private kennel, [pet shop kennel,]
research kennel, rescue network kennel, kennel or dealer kennel
for a total of more than 500 dogs of any age during a calendar
year - $750 per year.
Boarding Kennel Class I
To keep or operate a boarding kennel having the capacity to
accommodate a total of 1 to 10 dogs at any time during a
calendar year - $100 per year.
Boarding Kennel Class II
To keep or operate a boarding kennel having the capacity to
accommodate a total of 11 to 25 dogs at any time during a
calendar year - $150 per year.
Boarding Kennel Class III
To keep or operate a boarding kennel having the capacity to
accommodate 26 or more dogs at any time during a calendar year -
$250 per year.
Nonprofit Kennel
To keep or operate a nonprofit kennel - $25 per year.
Kennel Class C-I
To keep or operate a commercial kennel for a total of 50 dogs
or less of any age during a calendar year - $75 per year.
Kennel Class C-II
To keep or operate a commercial kennel for a total of 51 to
100 dogs of any age during a calendar year - $200 per year.
Kennel Class C-III
To keep or operate a commercial kennel for a total of 101 to
150 dogs of any age during a calendar year - $300 per year.
Kennel Class C-IV
To keep or operate a commercial kennel for a total of 151 to
250 dogs of any age during a calendar year - $400 per year.
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Kennel Class C-V
To keep or operate a commercial kennel for a total of 251 to
500 dogs of any age during a calendar year - $500 per year.
Kennel Class C-VI
To keep or operate a commercial kennel for a total of more
than 500 dogs of any age during a calendar year - $750 per year.
* * *
(g) Pet shop-kennel license.--
(1) The department may not issue or renew a pet shop-
kennel license after December 31, 2024.
(2) Nothing under paragraph (1) shall be construed to
prohibit a pet shop-kennel from offering space to a humane
society or association for the prevention of cruelty to
animals or a rescue network kennel for the purpose of
showcasing adoptable animals to the public. Fees for the
showcasing of adoptable animals, including adoption fees, may
not be paid to the pet shop-kennel.
(3) As of January 1, 2025, a person who held a pet shop-
kennel license:
(i) Shall immediately cease and desist from
operating a kennel, including buying, exchanging,
selling, offering for sale, giving away or in any way
transferring dogs.
(ii) Except as permitted under paragraph (2), may
not acquire additional dogs or increase the number of
dogs in the kennel by any means, including breeding.
(iii) Must permit State dog wardens to inspect the
kennel without a warrant in order to determine compliance
with the department's order, any relevant court order and
any provision of this act.
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(4) Failure to take action or meet the conditions
imposed under this subsection, in addition to any other
penalties allowed under this act, may result in imposition by
the department of an administrative penalty of not less than
$100 nor more than $500 per day for each violation. Each dog
shall count as one violation.
(5) Any violation of this subsection shall constitute a
misdemeanor of the third degree.
Section 3. This act shall take effect in 365 days.
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