PRIOR PRINTER'S NO. 3187 PRINTER'S NO. 3197
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2354
Session of
2024
INTRODUCED BY KLUNK, SAPPEY, HANBIDGE, PASHINSKI, KRUPA,
CONKLIN, LAWRENCE, SHUSTERMAN, MOUL, JOZWIAK, SCHEMEL, JAMES
AND ROWE, MAY 29, 2024
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 3, 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 KENNELS, FOR REQUIREMENTS FOR KENNELS, FOR <--
17 revocation or refusal of kennel licenses and for health
18 certificates for importation; and, in enforcement and
19 penalties, further providing for rules and regulations.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The definition of "certification of vaccination" <--
23 in section 102 of the act of December 7, 1982 (P.L.784, No.225),
24 known as the Dog Law, added October 23, 2023 (P.L.114, No.18),
25 is amended to read:
1 Section 102. Definitions.
2 The following words and phrases when used in this act shall
3 have, unless the context clearly indicates otherwise, the
4 meanings given to them in this section:
5 SECTION 1. THE DEFINITIONS OF "CERTIFICATION OF VACCINATION" <--
6 AND "COMMERCIAL KENNEL" IN SECTION 102 OF THE ACT OF DECEMBER 7,
7 1982 (P.L.784, NO.225), KNOWN AS THE DOG LAW, ADDED OCTOBER 23,
8 2023 (P.L.114, NO.18), ARE AMENDED AND THE SECTION IS AMENDED BY
9 ADDING DEFINITIONS TO READ:
10 SECTION 102. DEFINITIONS.
11 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
12 HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
13 MEANINGS GIVEN TO THEM IN THIS SECTION:
14 * * *
15 "ACCREDITED VETERINARIAN." A VETERINARIAN APPROVED BY THE
16 ANIMAL AND PLANT HEALTH INSPECTION SERVICE WITHIN THE UNITED
17 STATES DEPARTMENT OF AGRICULTURE IN ACCORDANCE WITH 9 CFR PT.
18 161 (RELATING TO REQUIREMENTS AND STANDARDS FOR ACCREDITED
19 VETERINARIANS AND SUSPENSION OR REVOCATION OF SUCH
20 ACCREDITATION).
21 * * *
22 "Certificate of vaccination." A certificate verifying
23 vaccination against rabies, containing information consistent
24 with the [current] 2016 version of the National Association of
25 State Public Health Veterinarians Rabies Compendium[.],
26 published by the National Association of State Public Health
27 Veterinarians Compendium of Animal Rabies Prevention and Control
28 Committee, or any successor version approved by the secretary
29 under section 902(b).
30 * * * <--
20240HB2354PN3197 - 2 -
1 Section 2. Sections 211 and 214 of the act, amended October <--
2 23, 2023 (P.L.114, No.18), are amended to read:
3 ["COMMERCIAL KENNEL." A KENNEL THAT BREEDS OR WHELPS DOGS <--
4 AND:
5 (1) SELLS OR TRANSFERS ANY DOG TO A DEALER OR PET SHOP
6 KENNEL; OR
7 (2) SELLS OR TRANSFERS MORE THAN 60 DOGS PER CALENDAR
8 YEAR.]
9 "COMMERCIAL KENNEL."
10 (1) A KENNEL THAT BREEDS OR WHELPS DOGS AND:
11 (I) SELLS OR TRANSFERS ANY DOG TO A DEALER OR PET
12 SHOP-KENNEL; OR
13 (II) SELLS OR TRANSFERS MORE THAN 60 DOGS PER
14 CALENDAR YEAR.
15 (2) THE TERM DOES NOT INCLUDE A SERVICE DOG KENNEL.
16 * * *
17 "SERVICE DOG KENNEL." A KENNEL THAT:
18 (1) IS ACCREDITED BY AN ORGANIZATION THAT:
19 (I) IS AN INTERNATIONAL COALITION OF NONPROFIT
20 PROGRAMS THAT TRAIN ASSISTANCE DOGS;
21 (II) HAS A CHAPTER IN NORTH AMERICA; AND
22 (III) ACCREDITS NONPROFIT ORGANIZATIONS, AS DEFINED
23 UNDER 26 U.S.C. § 501(C)(3) (RELATING TO EXEMPTION FROM
24 TAX ON CORPORATIONS, CERTAIN TRUST, ETC.), THAT PLACE
25 ASSISTANCE DOGS.
26 (2) EXCLUSIVELY BREEDS, TRAINS AND PLACES SERVICE DOGS
27 TO SUPPORT PEOPLE WITH DISABILITIES.
28 (3) IS A NONPROFIT ORGANIZATION AS DEFINED UNDER 26
29 U.S.C. § 501(C)(3).
30 * * *
20240HB2354PN3197 - 3 -
1 SECTION 2. SECTION 206(A)(5) OF THE ACT IS AMENDED BY ADDING
2 A SUBPARAGRAPH TO READ:
3 SECTION 206. KENNELS.
4 (A) APPLICATIONS, KENNEL LICENSE CLASSIFICATIONS AND FEES.--
5 * * *
6 (5) THE KENNEL CLASSES AND LICENSE FEES SHALL BE AS
7 FOLLOWS:
8 * * *
9 (XIX) SERVICE DOG KENNEL.
10 TO KEEP OR OPERATE A SERVICE DOG KENNEL - $35 PER
11 YEAR.
12 * * *
13 SECTION 3. SECTIONS 207(F.1), 211 AND 214 OF THE ACT, <--
14 AMENDED OR ADDED OCTOBER 23, 2023 (P.L.114, NO.18), ARE AMENDED
15 TO READ:
16 SECTION 207. REQUIREMENTS FOR KENNELS.
17 * * *
18 (F.1) [ISOLATION PLAN FOR IMPORTED DOGS.--ALL KENNELS SHALL
19 HAVE AND IMPLEMENT A PLAN FOR THE ISOLATION OF DOGS IMPORTED
20 FROM ANOTHER STATE OR COUNTRY TO MINIMIZE THE POSSIBILITY OF
21 TRANSMISSION OF DISEASE.] IMPORTED DOGS.--THE FOLLOWING SHALL
22 APPLY TO A KENNEL THAT IMPORTS DOGS FROM ANOTHER STATE OR
23 COUNTRY:
24 (1) THE KENNEL SHALL HAVE A PLAN OF VETERINARY CARE AND
25 IMPLEMENT THE PLAN FOR A DOG IMPORTED FROM ANOTHER STATE OR
26 COUNTRY TO MINIMIZE THE POSSIBILITY OF TRANSMISSION OF
27 DISEASE. THE PLAN SHALL BE APPROVED BY A LICENSED DOCTOR OF
28 VETERINARY MEDICINE AND MUST INCLUDE PROTOCOLS FOR DIAGNOSIS,
29 TESTING, TREATMENT, QUARANTINE, PREVENTION AND DISINFECTION
30 FOR CONTAGIOUS, INFECTIOUS, COMMUNICABLE AND ZOONOTIC
20240HB2354PN3197 - 4 -
1 DISEASES. THE PLAN SHALL BE MAINTAINED AS A RECORD UNDER
2 SUBSECTION (C) AND MADE AVAILABLE FOR REVIEW BY DOG WARDENS
3 AND EMPLOYEES OF THE DEPARTMENT.
4 (2) EXCEPT AS PROVIDED IN PARAGRAPH (3), A DOG IMPORTED
5 FROM ANOTHER STATE OR COUNTRY SHALL BE QUARANTINED FOR 14
6 DAYS, AND THE DOG MAY NOT BE DISPENSED, MOVED, SOLD, GIVEN
7 AWAY OR TRANSFERRED TO A NEW OWNER DURING THE 14-DAY
8 QUARANTINE PERIOD.
9 (3) A DOG IMPORTED FROM ANOTHER STATE OR COUNTRY SHALL
10 NOT BE REQUIRED TO BE QUARANTINED UNDER PARAGRAPH (2) IF ALL
11 OF THE FOLLOWING APPLY:
12 (I) THE REQUIREMENTS SPECIFIED UNDER SECTION 214
13 HAVE BEEN MET.
14 (II) THE DOG IS ACCOMPANIED BY A CERTIFICATION FROM
15 AN ACCREDITED VETERINARIAN OR A VETERINARIAN LICENSED BY
16 THE STATE OF ORIGIN THAT THE DOG HAS MET THE REQUIREMENTS
17 SPECIFIED UNDER SUBPARAGRAPHS (III) AND (IV). THE
18 CERTIFICATION SHALL BE MAINTAINED AS A RECORD UNDER
19 SUBSECTION (C).
20 (III) NO LATER THAN 14 DAYS BEFORE THE TRANSPORT OF
21 THE DOG FROM ANOTHER STATE OR COUNTRY, THE DOG MEETS ALL
22 OF THE FOLLOWING CRITERIA:
23 (A) IF THE DOG IS OLDER THAN SIX MONTHS OF AGE,
24 THE DOG IS SEROLOGY TESTED AND OBTAINS A NEGATIVE
25 RESULT FOR HEARTWORM.
26 (B) THE DOG IS TESTED AND OBTAINS A NEGATIVE
27 FECAL RESULT FOR INTESTINAL PARASITES.
28 (C) THE DOG IS DEWORMED WITH A MEDICATION
29 APPROVED BY THE UNITED STATES FOOD AND DRUG
30 ADMINISTRATION TO BE EFFECTIVE AGAINST ROUNDWORMS,
20240HB2354PN3197 - 5 -
1 HOOKWORMS, WHIPWORMS AND TAPEWORMS.
2 (D) THE DOG IS EXAMINED AND CERTIFIED TO BE FREE
3 OF ECTOPARASITES.
4 (IV) NO MORE THAN 12 MONTHS NOR LESS THAN 14 DAYS
5 PRIOR TO TRANSPORT OF THE DOG FROM ANOTHER STATE OR
6 COUNTRY, THE DOG IS ADMINISTERED WITH ALL OF THE
7 FOLLOWING VACCINATIONS:
8 (A) THE BORDETELLA VACCINATION, EITHER
9 INTRANASAL OR SUBCUTANEOUS.
10 (B) THE DISTEMPER, ADENO, PARAINFLUENZA AND
11 PARVOVIRUS (DAPP) VACCINATION.
12 * * *
13 Section 211. Revocation or refusal of kennel licenses.
14 (a) General powers of secretary.--The secretary shall revoke
15 a kennel license, dealer license or out-of-state dealer license
16 if a licensee is convicted of a violation of 18 Pa.C.S. § 3129
17 (relating to sexual intercourse with animal) or Ch. 55 Subch. B
18 (relating to cruelty to animals) that causes bodily injury to
19 the animal or places the animal at imminent risk of serious
20 bodily injury or of substantially similar conduct pursuant to a
21 cruelty law of another state. The secretary shall not issue a
22 kennel license, dealer license or out-of-state dealer license to
23 a person that has been convicted of a violation of 18 Pa.C.S. §
24 3129 or Ch. 55 Subch. B that causes bodily injury to the animal
25 or places the animal at imminent risk of serious bodily injury
26 within the last ten years. The secretary may revoke or refuse to
27 issue a kennel license, dealer license or out-of-state dealer
28 license for any one or more of the following reasons:
29 (1) the person holding or applying for a license has
30 made a material misstatement or misrepresentation in the
20240HB2354PN3197 - 6 -
1 license application;
2 (2) the person holding or applying for a license has
3 made a material misstatement or misrepresentation to the
4 department or its personnel regarding a matter relevant to
5 the license;
6 (3) the person holding or applying for a license has
7 failed to comply with this act;
8 (4) the person holding or applying for a license has
9 failed to comply with any regulation promulgated under this
10 act;
11 (5) the person holding or applying for a license has
12 been convicted of any law relating to cruelty to animals and
13 the conviction is more than ten years old, if there is
14 evidence the person has not been rehabilitated and granting a
15 license would jeopardize the health, safety and welfare of
16 the dogs;
17 (6) the person holding or applying for a license has
18 been convicted of a felony;
19 (7) the person holding or applying for a license has:
20 (i) within the last ten years, been found to have
21 violated section 9.3 of the act of December 17, 1968
22 (P.L.1224, No.387), known as the "Unfair Trade Practices
23 and Consumer Protection Law," or been required to cease
24 and desist from operating a kennel or owning, selling or
25 caring for dogs, or both; or
26 (ii) within the last ten years, entered into an
27 agreement with the Office of Attorney General which
28 requires the person to cease and desist from operating a
29 kennel or owning, selling or caring for dogs, or both;
30 (8) the location of the kennel for which the license is
20240HB2354PN3197 - 7 -
1 sought is subject to a final, binding order, which is not
2 subject to a pending legal challenge, declaring the kennel is
3 not a permitted use under the applicable zoning ordinance;
4 (9) the person holding or applying for a license has
5 acted or is acting in concert with a person who has violated
6 the act of December 15, 1986 (P.L.1610, No.181), known as the
7 "Rabies Prevention and Control in Domestic Animals and
8 Wildlife Act";
9 (10) the person holding or applying has had a kennel
10 license, dealer license or out-of-state dealer license
11 refused or revoked within the past ten years;
12 (11) the person holding or applying for a license has a
13 person who does or will play a role in the ownership of the
14 kennel or caring for the dogs, and such other person would be
15 refused a license if that person had been the applicant. A
16 role shall include ownership of a financial interest in the
17 kennel operation, caring for the dogs or participation in the
18 management of the kennel; or
19 (12) the person holding or applying for a license has
20 violated section 214.
21 Section 214. Health certificates for importation.
22 (a) Requirements.--It shall be a violation of this act to
23 transport any dog into this Commonwealth except under the
24 provisions in subsection (c)(2) and section 212 without an
25 interstate certificate of veterinary inspection, which
26 certificate, or copy of such, shall accompany the dog while in
27 this Commonwealth. The certificate shall state that the dog is
28 at least eight weeks of age and shows no signs or [symptoms]
29 clinical evidence suggestive of infectious or communicable
30 disease; did not originate within an area under quarantine for
20240HB2354PN3197 - 8 -
1 rabies; and, as ascertained by reasonable investigation, has not
2 been exposed to rabies within 100 days of importation.
3 (b) Vaccinations.--
4 (1) All dogs transported into this Commonwealth must
5 have been vaccinated for rabies in accordance with the act of
6 December 15, 1986 (P.L.1610, No.181), known as the "Rabies
7 Prevention and Control in Domestic Animals and Wildlife Act."
8 The name of the vaccine manufacturer, the date of
9 administration, and the rabies tag number must appear on a
10 certificate of vaccination and an interstate certificate of
11 veterinary inspection.
12 (2) All dogs transported into this Commonwealth and
13 placed in a kennel, except for a boarding kennel, shall have
14 had an initial dose of Distemper, Adeno, Parainfluenza,
15 Parvovirus (DAPP) vaccine as certified by a licensed doctor
16 of veterinary medicine. A dog subject to this paragraph shall
17 [be isolated in accordance with an isolation plan under <--
18 section 207(f.1) and shall not be dispensed, moved, sold,
19 offered for sale, given away or transferred for a period of
20 14 days.] MEET THE REQUIREMENTS UNDER SECTION 207(F.1). <--
21 (c) Boarding kennels.--[The]
22 (1) Except as provided under paragraph (2), the owner or
23 operator of a boarding kennel shall require the owner of each
24 out-of-state dog for which the boarding kennel is taking
25 control to provide a certificate of vaccination and an
26 interstate certificate of veterinary inspection at the time
27 the dog enters the boarding kennel. The certificate of
28 vaccination and the interstate certificate of veterinary
29 inspection shall be kept on file at the boarding kennel for
30 seven days following the dog's departure from the boarding
20240HB2354PN3197 - 9 -
1 kennel.
2 (2) An interstate certificate of veterinary inspection
3 shall not be required under paragraph (1) if all of the
4 following conditions are met:
5 (i) The dog is owned by a resident of a state which
6 directly borders Pennsylvania.
7 (ii) The dog is temporarily housed in a boarding
8 kennel for less than 30 consecutive days.
9 (iii) The dog is privately owned, and the owner is
10 able to provide proof of ownership.
11 (iv) Ownership of the dog does not transfer to
12 another person after the dog enters the boarding kennel.
13 (v) The dog will return to the owner after the end
14 of the boarding period.
15 Section 3 4. Section 902 of the act is amended to read: <--
16 Section 902. Rules and regulations.
17 (a) Rules and regulations.--The secretary, after due notice
18 and a public hearing, may promulgate rules and regulations to
19 carry out the provisions and intent of this act.
20 (b) Adoption by reference.--
21 (1) The secretary shall review the 2016 version of the
22 Compendium of Animal Rabies Prevention and Control, published
23 by the National Association of State Public Health
24 Veterinarians Compendium of Animal Rabies Prevention and
25 Control Committee and transmit notice to the Legislative
26 Reference Bureau for publication in the next available issue
27 of the Pennsylvania Bulletin of the standards for a valid
28 rabies v