PRINTER'S NO. 809
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
665
Session of
2019
INTRODUCED BY BROWNE, KILLION, SANTARSIERO AND TARTAGLIONE,
MAY 24, 2019
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MAY 24, 2019
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 sterilization of dogs and cats, further
providing for spaying or neutering as condition for release
of certain animals and repealing certain provisions relating
to sterilization of dogs and cats.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 902-A of the act of December 7, 1982
(P.L.784, No.225), known as the Dog Law, is amended to read:
Section 902-A. Spaying or neutering as condition for release of
certain animals.
No dog or cat may be adopted by a new owner from a releasing
agency unless the animal has been sterilized by a licensed
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doctor of veterinary medicine [or unless the new owner signs an
agreement to have the animal sterilized by or under the
supervision of a licensed doctor of veterinary medicine and
deposits funds with the releasing agency to ensure that the
adopted animal will be sterilized. The amount of the deposit
required shall be determined by each releasing agency. In no
event shall the required deposit be less than $30 for a dog or
$20 for a cat] of the releasing agency.
Section 2. Sections 903-A, 904-A, 905-A, 906-A, 907-A, 908-
A, 909-A, 910-A and 911-A of the act are repealed:
[Section 903-A. Refund of deposit upon proof of sterilization.
The funds deposited with the releasing agency shall be
refunded to the new owner upon the presentation of a written
statement signed by a licensed doctor of veterinary medicine
that the subject animal has been sterilized. However, no refunds
shall be made unless the animal was sterilized within 60 days of
acquisition in the case of a mature animal or, in the case of an
immature animal, within 30 days of the date the animal attained
the age of six months.
Section 904-A. Rules and sterilization agreement.
Releasing agencies may establish any additional rules to
implement this article, provided that such rules are not in
conflict with the provisions or purpose of this article to
require the sterilization of all dogs and cats adopted from
releasing agencies. The sterilization agreement to be used by
releasing agencies shall be in substantially the following form:
STERILIZATION AGREEMENT
This agreement is made and entered into this day of
, 19 , by and between:
(Releasing Agency) (New Owner)
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Name Name
Address Address
City Telephone City Telephone
In consideration of the adoption of this animal and in
further consideration of mutual obligations herein, the
releasing agency authorizes the adoption of the following animal
to the new owner:
(describe animal)
1. The releasing agency agrees to release the above-listed
animal into the care of the new owner and refund the new owner's
sterilization deposit provided that:
(1) The animal is sterilized by a licensed doctor of
veterinary medicine by (give date).
(2) A written statement signed by the licensed doctor of
veterinary medicine performing the sterilization that the animal
has been sterilized by the stated date is given to the releasing
agency.
2. The new owner accepts the above-listed animal and agrees:
(1) To have the animal sterilized by a licensed doctor of
veterinary medicine by (give date).
(2) To provide written evidence to the releasing agency from
the licensed doctor of veterinary medicine performing the
sterilization that the animal has been sterilized by the above
date listed. This agreement shall be binding upon the assigns,
heirs, executors and administrators of the respective parties.
The parties hereto have hereunto set their hands the day and
year first above written.
Amount of deposit
Releasing Agency
(signature of agent)
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New Owner
(signature of)
WRITTEN STATEMENT OF LICENSED DOCTOR OF
VETERINARY MEDICINE
I hereby certify that the above-described
animal has been sterilized on
(give date).
(Signature of
Licensed Doctor of
Veterinary
Medicine)
Address
City State Zip
Section 905-A. Extension of time to sterilize.
Upon presentation of a written report from a licensed doctor
of veterinary medicine stating that the life or health of an
adopted animal may be jeopardized by sterilization, the
releasing agency shall grant a 30-day extension of the period
within which sterilization would otherwise be required. Further
extensions shall be granted upon additional veterinary reports
stating their necessity.
Section 906-A. Exemption from sterilization; refund of
deposited funds.
Upon presentation of a written report from a licensed doctor
of veterinary medicine stating that the adopted animal has
already been sterilized or can never be sterilized due to old
age or a health condition that would likely result in the death
of the animal, the sterilization deposit shall be refunded.
Section 907-A. Death of adopted animal.
Upon request, the releasing agency shall refund deposited
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funds to the new owner upon reasonable proof being presented to
the releasing agency by the new owner that the adopted animal
died before the expiration of the period during which the
sterilization was required to be completed.
Section 908-A. Forfeiture of deposited funds and adopted dog or
cat.
Failure of a new owner to comply with provisions of this
article shall result in the forfeiture of the deposited funds to
the releasing agency. The releasing agency may reclaim the dog
or cat from the new owner.
Section 909-A. Disposition of forfeited funds; record of
accounts.
Funds which have been forfeited by new owners shall be placed
in an interest-bearing account belonging to the releasing
agency. The releasing agency may allocate the unused funds from
such account to programs which directly promote, subsidize or
otherwise reduce the cost of sterilization of animals of the
releasing agency. Funds may also be used to provide for the
health and welfare of animals being cared for by the releasing
agency. The releasing agency shall maintain an accurate
accounting of these forfeited funds.
Section 910-A. Construction of article.
The provisions of this article shall not be construed to
require the sterilization of dogs and cats which are being held
in releasing agencies which might be claimed by their rightful
owners. Further, this article shall not be construed to
interfere with municipal ordinances or the policies and programs
of releasing agencies that meet or exceed the sterilization
requirements set forth in this article.
Section 911-A. Penalty.
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Failure to comply with the provisions of this article
relating to the sterilization of animals constitutes a summary
offense.]
Section 3. This act shall take effect in 60 days.
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