Trial Engrossment of Amendment A05073 to Senate Bill 0082 P.N. 0032, Regular Session 2023-2024

A05073

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

Session of

2023

INTRODUCED BY PHILLIPS-HILL, BARTOLOTTA, SCHWANK, BROOKS,

MARTIN, COSTA AND J. WARD, JANUARY 12, 2023

REFERRED TO AGRICULTURE AND RURAL AFFAIRS, JANUARY 12, 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 transfer of dog licenses or tags and other

licensing requirements, for kennels, for requirements for

kennels, for revocation or refusal of kennel licenses, for

health certificates for importation and for service dogs and

dogs used by municipal or State Police departments.; and, in

enforcement and penalties, further providing for rules and

regulations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 205 and 217(a) of the act of December 7,

1982 (P.L.784, No.225), known as the Dog Law, are amended to

read:

Section 1. The definitions of "certificate of vaccination"

and "commercial kennel" in section 102 of the act of December 7,

1982 (P.L.784, No.225), known as the Dog Law, added October 23,

2023 (P.L.114, No.18), are amended and the section is amended by

adding definitions 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:

* * *

"Accredited veterinarian." A veterinarian approved by the

Animal and Plant Health Inspection Service within the United

States Department of Agriculture in accordance with 9 CFR Pt.

161 (relating to requirements and standards for accredited

veterinarians and suspension or revocation of such

accreditation).

* * *

"Certificate of vaccination." A certificate verifying

vaccination against rabies, containing information consistent

with the [current] 2016 version of the National Association of

State Public Health Veterinarians Rabies Compendium[.],

published by the National Association of State Public Health

Veterinarians Compendium of Animal Rabies Prevention and Control

Committee, or any successor version approved by the secretary

under section 902(b).

["Commercial kennel." A kennel that breeds or whelps dogs

and:

(1) sells or transfers any dog to a dealer or pet shop

kennel; or

(2) sells or transfers more than 60 dogs per calendar

year.]

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"Commercial kennel."

(1) A kennel that breeds or whelps dogs and:

(i) sells or transfers any dog to a dealer or pet

shop-kennel; or

(ii) sells or transfers more than 60 dogs per

calendar year.

(2) The term does not include a service dog kennel.

* * *

"Service dog kennel." A kennel that:

(1) Is accredited by an organization that:

(i) is an international coalition of nonprofit

member programs that includes organizations in this

Commonwealth that train service dogs ;

(ii) has a chapter in North America; and

(iii) accredits nonprofit organizations, as defined

under 26 U.S.C. § 501(c)(3) (relating to exemption from

tax on corporations, certain trusts, etc.), that place

service dogs.

(2) Exclusively breeds, trains and places service dogs

to support people with disabilities.

(3) Is a nonprofit organization as defined under 26

U.S.C. § 501(c)(3).

* * *

Section 2. Section 205 of the act is amended to read:

Section 205. Transfer of dog licenses or tags; other licensing

requirements.

(a) Transfer of dog license.--It is unlawful to transfer a

dog license or dog license tag issued for one dog to another

dog, except as otherwise provided in this act. The following

apply:

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(1) Whenever the ownership or possession of [any] a dog

is permanently transferred from one person to another within

the same county, the license of [such] the dog may be

likewise transferred, upon application to an agent authorized

under section 200(a)[. Such application], including a county

treasurer.

(2) An application under this section shall be

accompanied by a bill of sale or an affidavit from the owner

that ownership of the dog is to be transferred. The owner

shall provide the owner's name, address, telephone number and

other relevant contact information.

(3) A new dog license, or the transfer of a dog license

already secured, is not required when the possession of a dog

is temporarily transferred for the purpose of hunting game,

or for breeding, boarding and training, trial or show, in

this Commonwealth. The issuing agent shall charge and retain

$1 for [such] the transfer application.

(b) Dog moved to another county.--Whenever [any] a dog

licensed in one county is permanently moved to another county,

an issuing agent of the county where the dog license was issued

shall, upon the application of the owner or keeper of [such] the

dog, certify [such] the dog license to an agent of the county to

which the dog is moved. [Such] After payment of a fee of $1, the

agent shall [thereupon, and upon the payment of a fee of $1 for

the use of the agent,] issue a dog license and tag for [such]

the dog in the county to which it is moved.

exempt in section 206, becoming the owner of [any] a dog three

months old or older, which has not already been licensed shall

[forthwith] apply for and secure a license for [such] the dog

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under the provisions of this act.

Section 3. Section 206(a)(5) of the act is amended by adding

a subparagraph to read:

Section 206. Kennels.

(a) Applications, kennel license classifications and fees.--

* * *

(5) The kennel classes and license fees shall be as

follows:

* * *

(xix) Service Dog Kennel.

To keep or operate a service dog kennel - $35 per

year.

* * *

Section 4. Sections 207(f.1), 211(a) introductory paragraph

and 214 of the act, amended or added October 23, 2023 (P.L.114,

No.18), are amended to read:

Section 207. Requirements for kennels.

* * *

(f.1) [Isolation plan for imported dogs.--All kennels shall

have and implement a plan for the isolation of dogs imported

from another state or country to minimize the possibility of

transmission of disease.] Imported dogs.--The following shall

apply to a kennel that imports dogs from another state or

country:

(1) The kennel shall have a plan of veterinary care and

implement the plan for a dog imported from another state or

country to minimize the possibility of transmission of

disease. The plan shall be approved and signed by a licensed

doctor of veterinary medicine and must include protocols for

diagnosis, testing, treatment, quarantine, prevention and

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disinfection for contagious, infectious, communicable and

zoonotic diseases. The plan shall be maintained as a record

under subsection (c) and made available for review by dog

wardens and employees of the department.

(2) Except as provided in paragraph (3), a dog imported

from another state or country shall be quarantined for 14

days, and the dog may not be dispensed, moved, sold, given

away or transferred to a new owner during the 14-day

quarantine period.

(3) A dog imported from another state or country shall

not be required to be quarantined under paragraph (2) if all

of the following apply:

(i) The requirements specified under section 214

have been met.

(ii) The dog is accompanied by a certification from

an accredited veterinarian or a veterinarian licensed by

the state of origin that the dog has met the requirements

specified under subparagraphs (iii) and (iv). The

certification shall be maintained as a record under

subsection (c).

(iii) No earlier than 14 days before the transport

of the dog from another state or country, the dog meets

all of the following criteria:

(A) If the dog is older than six months of age,

the dog is serology tested and obtains a negative

result for heartworm.

(B) The dog is tested and obtains a negative

fecal result for intestinal parasites.

app roved by the United States Food and Drug

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Administration to be effective against roundworms,

hookworms, wh ipworms and tapeworms.

(D) The dog is examined and certified to be free

of ectoparasites.

(iv) No more than 12 months nor less than 14 days

prior to transport of the dog from another state or

country, the dog is administered with all of the

following vaccinations:

(A) The Bordetella vaccination, either

intranasal or subcutaneous.

(B) The Distemper, Adeno, Parainfluenza and

Parvovirus (DAPP) vaccination.

* * *

Section 211. Revocation or refusal of kennel licenses.

(a) General powers of secretary.--The secretary shall revoke

a kennel license, dealer license or out-of-state dealer license

if a licensee is convicted of a violation of 18 Pa.C.S. § 3129

(relating to sexual intercourse with animal) [or Ch. 55 Subch. B

(relating to cruelty to animals)] , 5532 (relating to neglect of

animal) if graded as a misdemeanor or higher, 5533 (relating to

cruelty to animal) if graded as a misdemeanor or higher, 5534

(relating to aggravated cruelty to animal), 5535 (relating to

attack of service, guide or support dog), 5542 (relating to

animal mutilation and related offenses) if graded as a

misdemeanor or higher, 5543 (relating to animal fighting), 5544

(relating to possession of animal fighting paraphernalia), 5548

(relating to police animals) or 5549 (relating to assault with a

biological agent on animal, fowl or honey bees) or of

substantially similar conduct pursuant to a cruelty law of

another state. The secretary shall not issue a kennel license,

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dealer license or out-of-state dealer license to a person that

has been convicted of a violation of 18 Pa.C.S. § 3129 [or Ch.

55 Subch. B], 5532 if graded as a misdemeanor or higher, 5533 if

graded as a misdemeanor or higher, 5534, 5535, 5542 if graded as

a misdemeanor or higher, 5543, 5544, 5548 or 5549 within the

last ten years. The secretary may revoke or refuse to issue a

kennel license, dealer license or out-of-state dealer license

for any one or more of the following reasons:

* * *

Section 214. Health certificates for importation.

(a) Requirements.--It shall be a violation of this act to

transport any dog into this Commonwealth except under the

provisions in subsection (c)(2) and section 212 without an

interstate certificate of veterinary inspection, which

certificate, or copy of such, shall accompany the dog while in

this Commonwealth. The certificate shall state that the dog is

at least eight weeks of age and shows no signs or [symptoms]

clinical evidence suggestive of infectious or communicable

disease; did not originate within an area under quarantine for

rabies; and, as ascertained by reasonable investigation, has not

been exposed to rabies within 100 days of importation.

(b) Vaccinations.--

(1) All dogs transported into this Commonwealth must

have been vaccinated for rabies in accordance with the act of

December 15, 1986 (P.L.1610, No.181), known as the "Rabies

Prevention and Control in Domestic Animals and Wildlife Act."

The name of the vaccine manufacturer, the date of

administration, and the rabies tag number must appear on a

certificate of vaccination and an interstate certificate of

veterinary inspection.

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(2) All dogs transported into this Commonwealth and

placed in a kennel, except for a boarding kennel, shall have

had an initial dose of Distemper, Adeno, Parainfluenza,

Parvovirus (DAPP) vaccine as certified by a licensed doctor

of veterinary medicine. A dog subject to this paragraph shall

[be isolated in accordance with an isolation plan under

section 207(f.1) and shall not be dispensed, moved, sold,

offered for sale, given away or transferred for a period of

14 days.] meet the requirements under section 207(f.1).

(1) Except as provided under paragraph (2), the owner or

operator of a boarding kennel shall require the owner of each

out-of-state dog for which the boarding kennel is taking

control to provide a certificate of vaccination and an

interstate certificate of veterinary inspection at the time

the dog enters the boarding kennel. The certificate of

vaccination and the interstate certificate of veterinary

inspection shall be kept on file at the boarding kennel for

seven days following the dog's departure from the boarding

kennel.

(2) An interstate certificate of veterinary inspection

shall not be required under paragraph (1) if all of the

following conditions are met:

(i) The dog has been boarded at the kennel within

the previous 60 days.

(ii) The dog is privately owned.

(iii) Ownership of the dog does not transfer to

another person after the dog enters the boarding kennel.

Section 5. Sections 217(a) and 902 of the act are amended to

read:

A05073 - 9 -

Section 217. Service dogs and dogs used by municipal or State

Police departments.

(a) Fee exemptions.--

(1) The provisions of this act relating to the payment

of fees and other charges shall not apply to [any person who

uses a service dog for aid or any municipal or State Police

department or agency using a dog in the performance of the

functions or duties of such department or agency. License

tags for service dogs and dogs used by any municipal or State

agency in the performance of the functions or duties of such

department or agency shall be issued without charge.]:

(i) A person who uses a service dog for aid.

(ii) A municipal or State Police department or

police agency using a dog in the performance of the

functions or duties of the department or agency.

(iii) A service dog used in the performance of

services by a police department, fire department or

sheriff's office or in the performance of rescue services

or emergency medical services.

(2) A license tag for a dog described under paragraph

(1) shall be issued without charge.

(3) For purposes of paragraph (1)(iii), a letter on

official letterhead from the respective police chief, fire

chief, sheriff or director or authorized agent of the

department, agency or office providing the services, along

with evidence that the dog is a service dog, shall accompany

the application under section 201.

* * *

Section 902. Rules and regulations.

(a) Rules and regulations.--The secretary, after due notice

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and a public hearing, may promulgate rules and regulations to

carry out the provisions and intent of this act.

(b) Adoption by reference.--

(1) The secretary shall review the 2016 version of the

Compendium of Animal Rabies Prevention and Control, published

by the National Association of State Public Health

Veterinarians Compendium of Animal Rabies Prevention and

Control Committee and transmit notice of the standards for a

valid rabies vaccination certificate approved for adoption to

the Legislative Reference Bureau for publication in the next

available issue of the Pennsylvania Bulletin.

(2) The secretary shall review any subsequent changes to

the Compendium of Animal Rabies Prevention and Control and

shall transmit notice of adoption of the standards for a

valid rabies vaccination certificate to the Legislative

Reference Bureau for publication in the next available issue

of the Pennsylvania Bulletin.

Section 2 6. This act shall take effect in 60 days.

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