S0746B0915A01309 DMS:MAC 06/22/23 #90 A01309
AMENDMENTS TO SENATE BILL NO. 746
Sponsor: REPRESENTATIVE MIHALEK
Printer's No. 915
Amend Bill, page 10, line 7, by striking out "and (g)" and
inserting
, (g) and (h)(2)
Amend Bill, page 20, lines 28 through 30; page 21, lines 1
through 4; by striking out all of said lines on said pages and
inserting
(3) Primary enclosures must be designed and constructed
so that they are structurally sound, must be kept in good
repair and must meet the following requirements:
(i) Have no sharp points or edges that could injure
dogs.
(ii) Be maintained in a manner to protect dogs from
injury.
(iii) The height of a primary enclosure that is not
fully enclosed on the top shall be sufficient to prevent
dogs from climbing over the walls.
(iv) Keep animals, other than dogs, from entering
the enclosure.
(v) Enable dogs to remain dry and clean.
(vi) Provide shelter and protection from
temperatures and weather conditions that may be
uncomfortable or hazardous to dogs.
(vii) Provide sufficient space to shelter dogs
housed at one time in the primary enclosure.
(viii) Provide potable water at all times, unless
otherwise directed by a veterinarian in writing that
shall be kept in the kennel records.
(ix) Have floors that are constructed in a manner
that protects dogs' feet and legs from injury. The floor
shall not permit the feet of dogs housed in the primary
enclosure to pass through any opening.
(x) Provide space to allow each dog to turn about
freely and to stand, sit and lie in a normal position.
The dog must be able to lie down while fully extended
without the dog's head, tail, legs, face or feet touching
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any side of the enclosure.
(xi) The interior height of a primary enclosure
shall be at least six inches higher than the head of the
tallest dog in the enclosure when it is in a normal
standing position.
(xii) Have a solid divider around the primary
enclosure no less than half of the height of the primary
enclosure with no gaps or openings on the sides of the
enclosure that would allow for a dog's limbs to extend
into another enclosure.
(g.1) Additional requirements for boarding kennels only.--
(1) When dogs are present at a boarding kennel and the
boarding kennel is either closed or no employees are present,
a functional video recording surveillance system must be in
operation and record the condition of the dogs at the
boarding kennel.
(2) Video footage shall be maintained for no less than
30 days and made available for inspection by police, State
dog wardens and employees of the department.
(h) Additional requirements for Kennel Class C license
holders only.--The following shall apply only to primary
enclosures for all dogs in Kennel Class C kennels:
* * *
(2) Primary enclosures must meet the following
requirements:
(i) Have no sharp points or edges that could injure
the dogs.
(ii) Be maintained in a manner to protect the dogs
from injury.
(iii) The height of a primary enclosure that is not
fully enclosed on the top shall be sufficient to prevent
the dog from climbing over the walls.
(iv) Keep animals other than dogs from entering the
enclosure.
(v) Enable the dogs to remain dry and clean.
(vi) Provide shelter and protection from
temperatures and weather conditions that may be
uncomfortable or hazardous to any dog.
(vii) Provide sufficient space to shelter all the
dogs housed in the primary enclosure at one time.
(viii) Provide potable water at all times, unless
otherwise directed by a veterinarian in a writing that
shall be kept in the kennel records.
(ix) Enable all surfaces in contact with the dogs to
be readily cleaned and sanitized in accordance with
paragraph (14) or be replaceable when worn or soiled.
(x) Have floors that are constructed in a manner
that protects the dogs' feet and legs from injury. The
floor shall not permit the feet of a dog housed in the
primary enclosure to pass through any opening.
(xi) Provide space to allow each dog to turn about
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freely and to stand, sit and lie in a normal position.
The dog must be able to lie down while fully extended
without the dog's head, tail, legs, face or feet touching
any side of the enclosure.
(xii) The interior height of a primary enclosure
shall be at least six inches higher than the head of the
tallest dog in the enclosure when it is in a normal
standing position.
(xiii) Have a solid divider around the primary
enclosure no less than half of the height of the primary
enclosure with no gaps or openings on the sides of the
enclosure that would allow for a dog's limbs to extend
into another enclosure.
* * *
Amend Bill, page 21, line 6, by striking out "903(b)(1) and
(2)" and inserting
903(a)(1) and (2)(i) and (b)(1) and (2)
Amend Bill, page 36, line 1, by striking out all of said line
and inserting
(a) Civil penalty.--
(1) Where the department finds that the first violation
of a provision of this act or a rule or regulation adopted
under this act by a kennel owner or operator has occurred,
unless the violation caused injury to an animal, it will, for
the violations found during that inspection, issue a Notice
of Violation (NOV) to the kennel owner or operator in lieu of
assessing a civil penalty. Where the kennel owner or operator
takes action in the time period provided in the NOV to
correct the violation set forth in the NOV and come into
compliance, no civil penalty shall be issued for a violation
which is corrected. The time period to come into compliance
shall be based on the time reasonably necessary to correct
the violation.
(2) (i) The department may assess a civil penalty of
not less than [$100] $500 nor more than [$1,000] $10,000 per
day for each offense where the kennel owner or operator:
(A) has not taken the remedial measures required
by and necessary to comply with the NOV issued under
paragraph (1); or
(B) where the kennel owner or operator has
already been issued one NOV in any calendar year and
the department finds a subsequent violation of this
act or a rule or regulation adopted under this act.
* * *
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