PRINTER'S NO. 3611
No. 2447 Session of 2008
INTRODUCED BY SIPTROTH, SCAVELLO, BENNINGTON, BUXTON, CAPPELLI, FRANKEL, FREEMAN, GIBBONS, GOODMAN, GRUCELA, HARHAI, HARKINS, HENNESSEY, JAMES, KULA, LEACH, MAHONEY, MARSHALL, M. O'BRIEN, O'NEILL, PAYNE, READSHAW, SANTONI, K. SMITH, THOMAS AND YOUNGBLOOD, APRIL 15, 2008
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, APRIL 15, 2008
AN ACT 1 Amending the act of December 7, 1982 (P.L.784, No.225), 2 entitled, as amended, "An act relating to dogs, regulating 3 the keeping of dogs; providing for the licensing of dogs and 4 kennels; providing for the protection of dogs and the 5 detention and destruction of dogs in certain cases; 6 regulating the sale and transportation of dogs; declaring 7 dogs to be personal property and the subject of theft; 8 providing for the abandonment of animals; providing for the 9 assessment of damages done to animals; providing for payment 10 of damages by the Commonwealth in certain cases and the 11 liability of the owner or keeper of dogs for such damages; 12 imposing powers and duties on certain State and local 13 officers and employees; providing penalties; and creating a 14 Dog Law Restricted Account," further providing for fees; and 15 providing for county dog shelter restricted accounts. 16 The General Assembly of the Commonwealth of Pennsylvania 17 hereby enacts as follows: 18 Section 1. Section 201 of the act of December 7, 1982 19 (P.L.784, No.225), known as the Dog Law, amended December 11, 20 1996 (P.L.943, No.151), is amended to read: 21 Section 201. Applications for dog licenses; fees; penalties. 22 (a) General rule.--Except as provided in subsection (b), on
1 or before January 1 of each year, unless and until the 2 department promulgates regulations establishing a system of dog 3 license renewal on an annual basis throughout the calendar year, 4 the owner of any dog, three months of age or older, except as 5 hereinafter provided, shall apply to the county treasurer of his 6 respective county or an agent under section 200(a), on a form 7 prescribed by the department for a license for such dog. The 8 application and license certificate shall state the breed, sex, 9 age, color and markings of such dog, the name, address and 10 telephone number of the owner and the year of licensure. The 11 application shall be accompanied by the appropriate license fee 12 as follows: 13 (1) For each neutered male dog and for each spayed 14 female dog for which the certificate of a licensed doctor of 15 veterinary medicine or the affidavit of the owner is 16 produced, the license fee shall be $5. 17 (2) For all other male and female dogs, the license fee 18 shall be $7. 19 (3) For Pennsylvania residents 65 years of age or older 20 and persons with disabilities: 21 (i) For each neutered male dog and for each spayed 22 female dog for which the certificate of a licensed doctor 23 of veterinary medicine or the affidavit of the owner is 24 produced, the license fee shall be $3. 25 (ii) For all other male and female dogs, the license 26 fee shall be $5. 27 (4) Compensation, if collected under section 200(b), 28 shall also be paid by all applicants, regardless of age or 29 disability. 30 (b) Lifetime license.--The owner of any dog three months of 20080H2447B3611 - 2 -
1 age or older which has been permanently identified may apply to 2 the county treasurer of his respective county or an agent under 3 section 200(a), on a form prescribed by the department for a 4 lifetime license for such a dog. Except as otherwise provided in 5 this act, a dog which has been issued a lifetime license shall 6 be required to wear a license tag. The application and license 7 certificate shall state the breed, sex, age, color and markings 8 of such dog, the type and number of permanent identification and 9 the name, address and telephone number of the owner. The 10 application shall be accompanied by the appropriate license fee 11 as follows: 12 (1) For each neutered male dog and for each spayed 13 female dog for which the certificate of a licensed doctor of 14 veterinary medicine or the affidavit of the owner is 15 produced, the lifetime license fee shall be $30. 16 (2) For all other male and female dogs, the license fee 17 shall be $50. 18 (3) For Pennsylvania residents 65 years of age or older 19 and persons with disabilities: 20 (i) For each neutered male dog and for each spayed 21 female dog for which the certificate of a licensed doctor 22 of veterinary medicine or the affidavit of the owner is 23 produced, the license fee shall be $20. 24 (ii) For all other male and female dogs, the license 25 fee shall be $30. 26 (4) Compensation, if collected under section 200(b), 27 shall also be paid by all applicants, regardless of age or 28 disability. A dog which has been issued a lifetime license 29 prior to the effective date of this act shall not be subject 30 to fees under this subsection. 20080H2447B3611 - 3 -
1 (b.1) County dog shelter contribution.--A surcharge of $2.50 2 shall be added to the license fees of this section. Fifty cents 3 of this surcharge shall be maintained by the county treasurer 4 for purposes of administering the county dog shelter restricted 5 account of the county. The remaining amount shall be deposited 6 into the county dog shelter restricted account established in 7 section 1003. 8 (c) Penalty.--A person who violates this section commits a 9 summary offense and, upon conviction, shall be sentenced to pay 10 a fine of not less than $25 nor more than $300 for each 11 unlicensed dog. 12 Section 2. The act is amended by adding a section to read: 13 Section 1003. County dog shelter restricted accounts. 14 (a) Duty to establish.--Every county in this Commonwealth 15 shall establish a county dog shelter restricted account. Any 16 interest accrued on the account shall be credited to the 17 account. 18 (b) Appropriation.--The moneys and interest in a county dog 19 shelter restricted account shall be appropriated as follows: 20 (1) Semiannually the county treasurer shall pay out in 21 equal shares the balance of the account to not more than 22 three humane societies or associations for the prevention of 23 cruelty to animals, as defined in section 102, operating in 24 that county that are registered with the Bureau of Dog Law 25 Enforcement and that accepted the highest totals of dogs from 26 the county in the previous calendar year according to the 27 Bureau of Dog Law Enforcement. The Bureau of Dog Law 28 Enforcement shall provide the county treasurers with the list 29 of registered humane societies and associations semiannually. 30 (2) If there are no humane societies or associations for 20080H2447B3611 - 4 -
1 the prevention of cruelty to animals registered with the 2 Bureau of Dog Law Enforcement operating in the county, the 3 county treasurer shall pay out in equal shares the balance of 4 the county dog shelter restricted account to up to three 5 humane societies or associations for the prevention of 6 cruelty to animals, as defined by section 102, operating in 7 other counties and that accepted the largest number of dogs 8 from the county in the previous calendar year, according to 9 the Bureau of Dog Law Enforcement. 10 (3) The county shall not place any restrictions or 11 matching fund requirements for distribution of these funds. 12 (4) The appropriations distributed from the account may 13 be used for any expenditure related to operations. 14 Section 3. This act shall take effect in 60 days. C6L03DMS/20080H2447B3611 - 5 -