HOUSE AMENDED
PRIOR PRINTER'S NOS. 32, 1768 PRINTER'S NO. 1798
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 82
Session of
2023
INTRODUCED BY PHILLIPS-HILL, BARTOLOTTA, SCHWANK, BROOKS,
MARTIN, COSTA, J. WARD AND ROBINSON, JANUARY 12, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 1, 2024
AN ACT
1 Amending the act of December 7, 1982 (P.L.784, No.225), entitled
2 "An act relating to dogs, regulating the keeping of dogs;
3 providing for the licensing of dogs and kennels; providing
4 for the protection of dogs and the detention and destruction
5 of dogs in certain cases; regulating the sale and
6 transportation of dogs; declaring dogs to be personal
7 property and the subject of theft; providing for the
8 abandonment of animals; providing for the assessment of
9 damages done to animals; providing for payment of damages by
10 the Commonwealth in certain cases and the liability of the
11 owner or keeper of dogs for such damages; imposing powers and
12 duties on certain State and local officers and employees;
13 providing penalties; and creating a Dog Law Restricted
14 Account," in short title and definitions, further providing
15 for definitions; in licenses, tags and kennels, further
16 providing for transfer of dog licenses or tags and other
17 licensing requirements, for kennels, for requirements for
18 kennels, for revocation or refusal of kennel licenses, for
19 health certificates for importation and for service dogs and
20 dogs used by municipal or State Police departments; and, in
21 enforcement and penalties, further providing for rules and
22 regulations.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. The definitions of "certificate of vaccination"
26 and "commercial kennel" in section 102 of the act of December 7,
27 1982 (P.L.784, No.225), known as the Dog Law, added October 23,
1 2023 (P.L.114, No.18), are amended and the section is amended by
2 adding definitions to read:
3 Section 102. Definitions.
4 The following words and phrases when used in this act shall
5 have, unless the context clearly indicates otherwise, the
6 meanings given to them in this section:
7 * * *
8 "Accredited veterinarian." A veterinarian approved by the
9 Animal and Plant Health Inspection Service within the United
10 States Department of Agriculture in accordance with 9 CFR Pt.
11 161 (relating to requirements and standards for accredited
12 veterinarians and suspension or revocation of such
13 accreditation).
14 * * *
15 "Certificate of vaccination." A certificate verifying
16 vaccination against rabies, containing information consistent
17 with the [current] 2016 version of the National Association of
18 State Public Health Veterinarians Rabies Compendium[.],
19 published by the National Association of State Public Health
20 Veterinarians Compendium of Animal Rabies Prevention and Control
21 Committee, or any successor version approved by the secretary
22 under section 902(b).
23 ["Commercial kennel." A kennel that breeds or whelps dogs
24 and:
25 (1) sells or transfers any dog to a dealer or pet shop
26 kennel; or
27 (2) sells or transfers more than 60 dogs per calendar
28 year.]
29 "Commercial kennel."
30 (1) A kennel that breeds or whelps dogs and:
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1 (i) sells or transfers any dog to a dealer or pet
2 shop-kennel; or
3 (ii) sells or transfers more than 60 dogs per
4 calendar year.
5 (2) The term does not include a service dog kennel.
6 * * *
7 "Service dog kennel." A kennel that:
8 (1) Is accredited by an organization that:
9 (i) is an international coalition of nonprofit
10 member programs that includes organizations in this
11 Commonwealth that train service dogs;
12 (ii) has a chapter in North America; and
13 (iii) accredits nonprofit organizations, as defined
14 under 26 U.S.C. § 501(c)(3) (relating to exemption from
15 tax on corporations, certain trusts, etc.), that place
16 service dogs.
17 (2) Exclusively breeds, trains and places service dogs
18 to support people with disabilities.
19 (3) Is a nonprofit organization as defined under 26
20 U.S.C. § 501(c)(3).
21 * * *
22 Section 2. Section 205 of the act is amended to read:
23 Section 205. Transfer of dog licenses or tags; other licensing
24 requirements.
25 (a) Transfer of dog license.--It is unlawful to transfer a
26 dog license or dog license tag issued for one dog to another
27 dog, except as otherwise provided in this act. The following
28 apply:
29 (1) Whenever the ownership or possession of [any] a dog
30 is permanently transferred from one person to another within
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1 the same county, the license of [such] the dog may be
2 likewise transferred, upon application to an agent authorized
3 under section 200(a)[. Such application], including a county
4 treasurer.
5 (2) An application under this section shall be
6 accompanied by a bill of sale or an affidavit from the owner
7 that ownership of the dog is to be transferred. The owner
8 shall provide the owner's name, address, telephone number and
9 other relevant contact information.
10 (3) A new dog license, or the transfer of a dog license
11 already secured, is not required when the possession of a dog
12 is temporarily transferred for the purpose of hunting game,
13 or for breeding, boarding and training, trial or show, in
14 this Commonwealth. The issuing agent shall charge and retain
15 $1 for [such] the transfer application.
16 (b) Dog moved to another county.--Whenever [any] a dog
17 licensed in one county is permanently moved to another county,
18 an issuing agent of the county where the dog license was issued
19 shall, upon the application of the owner or keeper of [such] the
20 dog, certify [such] the dog license to an agent of the county to
21 which the dog is moved. [Such] After payment of a fee of $1, the
22 agent shall [thereupon, and upon the payment of a fee of $1 for
23 the use of the agent,] issue a dog license and tag for [such]
24 the dog in the county to which it is moved.
25 (c) Owners of unlicensed dogs.--[Any] A person other than as
26 exempt in section 206, becoming the owner of [any] a dog three
27 months old or older, which has not already been licensed shall
28 [forthwith] apply for and secure a license for [such] the dog
29 under the provisions of this act.
30 Section 3. Section 206(a)(5) of the act is amended by adding
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1 a subparagraph to read:
2 Section 206. Kennels.
3 (a) Applications, kennel license classifications and fees.--
4 * * *
5 (5) The kennel classes and license fees shall be as
6 follows:
7 * * *
8 (xix) Service Dog Kennel.
9 To keep or operate a service dog kennel - $35 per
10 year.
11 * * *
12 Section 4. Sections 207(f.1), 211(a) introductory paragraph
13 and 214 of the act, amended or added October 23, 2023 (P.L.114,
14 No.18), are amended to read:
15 Section 207. Requirements for kennels.
16 * * *
17 (f.1) [Isolation plan for imported dogs.--All kennels shall
18 have and implement a plan for the isolation of dogs imported
19 from another state or country to minimize the possibility of
20 transmission of disease.] Imported dogs.--The following shall
21 apply to a kennel that imports dogs from another state or
22 country:
23 (1) The kennel shall have a plan of veterinary care and
24 implement the plan for a dog imported from another state or
25 country to minimize the possibility of transmission of
26 disease. The plan shall be approved and signed by a licensed
27 doctor of veterinary medicine and must include protocols for
28 diagnosis, testing, treatment, quarantine, prevention and
29 disinfection for contagious, infectious, communicable and
30 zoonotic diseases. The plan shall be maintained as a record
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1 under subsection (c) and made available for review by dog
2 wardens and employees of the department.
3 (2) Except as provided in paragraph (3), a dog imported
4 from another state or country shall be quarantined for 14
5 days, and the dog may not be dispensed, moved, sold, given
6 away or transferred to a new owner during the 14-day
7 quarantine period.
8 (3) A dog imported from another state or country shall
9 not be required to be quarantined under paragraph (2) if all
10 of the following apply:
11 (i) The requirements specified under section 214
12 have been met.
13 (ii) The dog is accompanied by a certification from
14 an accredited veterinarian or a veterinarian licensed by
15 the state of origin that the dog has met the requirements
16 specified under subparagraphs (iii) and (iv). The
17 certification shall be maintained as a record under
18 subsection (c).
19 (iii) No earlier than 14 days before the transport
20 of the dog from another state or country, the dog meets
21 all of the following criteria:
22 (A) If the dog is older than six months of age,
23 the dog is serology tested and obtains a negative
24 result for heartworm.
25 (B) The dog is tested and obtains a negative
26 fecal result for intestinal parasites.
27 (C) The dog is dewormed with a medication
28 approved by the United States Food and Drug
29 Administration to be effective against roundworms,
30 hookworms, whipworms and tapeworms.
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1 (D) The dog is examined and certified to be free
2 of ectoparasites.
3 (iv) No more than 12 months nor less than 14 days
4 prior to transport of the dog from another state or
5 country, the dog is administered with all of the
6 following vaccinations:
7 (A) The Bordetella vaccination, either
8 intranasal or subcutaneous.
9 (B) The Distemper, Adeno, Parainfluenza and
10 Parvovirus (DAPP) vaccination.
11 * * *
12 Section 211. Revocation or refusal of kennel licenses.
13 (a) General powers of secretary.--The secretary shall revoke
14 a kennel license, dealer license or out-of-state dealer license
15 if a licensee is convicted of a violation of 18 Pa.C.S. § 3129
16 (relating to sexual intercourse with animal) [or Ch. 55 Subch. B
17 (relating to cruelty to animals)], 5532 (relating to neglect of
18 animal) if graded as a misdemeanor or higher, 5533 (relating to
19 cruelty to animal) if graded as a misdemeanor or higher, 5534
20 (relating to aggravated cruelty to animal), 5535 (relating to
21 attack of service, guide or support dog), 5542 (relating to
22 animal mutilation and related offenses) if graded as a
23 misdemeanor or higher, 5543 (relating to animal fighting), 5544
24 (relating to possession of animal fighting paraphernalia), 5548
25 (relating to police animals) or 5549 (relating to assault with a
26 biological agent on animal, fowl or honey bees) or of
27 substantially similar conduct pursuant to a cruelty law of
28 another state. The secretary shall not issue a kennel license,
29 dealer license or out-of-state dealer license to a person that
30 has been convicted of a violation of 18 Pa.C.S. § 3129 [or Ch.
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1 55 Subch. B], 5532 if graded as a misdemeanor or higher, 5533 if
2 graded as a misdemeanor or higher, 5534, 5535, 5542 if graded as
3 a misdemeanor or higher, 5543, 5544, 5548 or 5549 within the
4 last ten years. The secretary may revoke or refuse to issue a
5 kennel license, dealer license or out-of-state dealer license
6 for any one or more of the following reasons:
7 * * *
8 Section 214. Health certificates for importation.
9 (a) Requirements.--It shall be a violation of this act to
10 transport any dog into this Commonwealth except under the
11 provisions in subsection (c)(2) and section 212 without an
12 interstate certificate of veterinary inspection, which
13 certificate, or copy of such, shall accompany the dog while in
14 this Commonwealth. The certificate shall state that the dog is
15 at least eight weeks of age and shows no signs or [symptoms]
16 clinical evidence suggestive of infectious or communicable
17 disease; did not originate within an area under quarantine for
18 rabies; and, as ascertained by reasonable investigation, has not
19 been exposed to rabies within 100 days of importation.
20 (b) Vaccinations.--
21 (1) All dogs transported into this Commonwealth must
22 have been vaccinated for rabies in accordance with the act of
23 December 15, 1986 (P.L.1610, No.181), known as the "Rabies
24 Prevention and Control in Domestic Animals and Wildlife Act."
25 The name of the vaccine manufacturer, the date of
26 administration, and the rabies tag number must appear on a
27 certificate of vaccination and an interstate certificate of
28 veterinary inspection.
29 (2) All dogs transported into this Commonwealth and
30 placed in a kennel, except for a boarding kennel, shall have
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1 had an initial dose of Distemper, Adeno, Parainfluenza,
2 Parvovirus (DAPP) vaccine as certified by a licensed doctor
3 of veterinary medicine. A dog subject to this paragraph shall
4 [be isolated in accordance with an isolation plan under
5 section 207(f.1) and shall not be dispensed, moved, sold,
6 offered for sale, given away or transferred for a period of
7 14 days.] meet the requirements under section 207(f.1).
8 (c) Boarding kennels.--[The]
9 (1) Except as provided under paragraph (2), the owner or
10 operator of a boarding kennel shall require the owner of each
11 out-of-state dog for which the boarding kennel is taking
12 control to provide a certificate of vaccination and an
13 interstate certificate of veterinary inspection at the time
14 the dog enters the boarding kennel. The certificate of
15 vaccination and the interstate certificate of veterinary
16 inspection shall be kept on file at the boarding kennel for
17 seven days following the dog's departure from the boarding
18 kennel.
19 (2) An interstate certificate of veterinary inspection
20 shall not be required under paragraph (1) if all of the
21 following conditions are met:
22 (i) The dog has been boarded at the kennel within <--
23 the previous 60 days. WILL REMAIN IN THE BOARDING KENNEL <--
24 FOR 30 DAYS OR LESS.
25 (ii) The dog is privately owned.
26 (iii) Ownership of the dog does not transfer to
27 another person after the dog enters the boarding kennel.
28 Section 5. Sections 217(a) and 902 of the act are amended to
29 read:
30 Section 217. Service dogs and dogs used by municipal or State
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1 Police departments.
2 (a) Fee exemptions.--
3 (1) The provisions of this act relating to the payment
4 of fees and other charges shall not apply to [any person who
5 uses a service dog for aid or any municipal or State Police
6 department or agency using a dog in the performance of the
7 functions or duties of such department or agency. License
8 tags for service dogs and dogs used by any municipal or State
9 agency in the performance of the functions or duties of such
10 department or agency shall be issued without charge.]:
11 (i) A person who uses a service dog for aid.
12 (ii) A municipal or State Police department or
13 police agency using a dog in the performance of the
14 functions or duties of the department or agency.
15 (iii) A dog used in the performance of services by a
16 police department, fire department or sheriff's office or
17 in the performance of rescue services or emergency
18 medical services.
19 (2) A license tag for a dog described under paragraph
20 (1) shall be issued without charge.
21 (3) For purposes of paragraph (1)(iii), a letter on
22 official letterhead from the respective police chief, fire
23 chief, sheriff or director or authorized agent of the
24 department, agency or office providing the services, along