PRIOR PRINTER'S NO. 3311 PRINTER'S NO. 3374
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2413
Session of
2024
INTRODUCED BY BRIGGS, JUNE 12, 2024
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 24, 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 definitions of "certificate of vaccination"
23 and "commercial kennel" in section 102 of the act of December 7,
24 1982 (P.L.784, No.225), known as the Dog Law, added October 23,
25 2023 (P.L.114, No.18), are amended and the section is amended by
26 adding definitions 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 * * *
6 "Accredited veterinarian." A veterinarian approved by the
7 Animal and Plant Health Inspection Service within the United
8 States Department of Agriculture in accordance with 9 CFR Pt.
9 161 (relating to requirements and standards for accredited
10 veterinarians and suspension or revocation of such
11 accreditation).
12 * * *
13 "Certificate of vaccination." A certificate verifying
14 vaccination against rabies, containing information consistent
15 with the [current] 2016 version of the National Association of
16 State Public Health Veterinarians Rabies Compendium[.],
17 published by the National Association of State Public Health
18 Veterinarians Compendium of Animal Rabies Prevention and Control
19 Committee, or any successor version approved by the secretary
20 under section 902(b).
21 ["Commercial kennel." A kennel that breeds or whelps dogs
22 and:
23 (1) sells or transfers any dog to a dealer or pet shop
24 kennel; or
25 (2) sells or transfers more than 60 dogs per calendar
26 year.]
27 "Commercial kennel."
28 (1) A kennel that breeds or whelps dogs and:
29 (i) sells or transfers any dog to a dealer or pet
30 shop-kennel; or
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1 (ii) sells or transfers more than 60 dogs per
2 calendar year.
3 (2) The term does not include a service dog kennel.
4 * * *
5 "Service dog kennel." A kennel that:
6 (1) Is accredited by an organization that:
7 (i) is an international coalition of nonprofit
8 programs that train assistance dogs; MEMBER PROGRAMS THAT <--
9 INCLUDES ORGANIZATIONS IN THIS COMMONWEALTH THAT TRAIN
10 SERVICE DOGS;
11 (ii) has a chapter in North America; and
12 (iii) accredits nonprofit organizations, as defined
13 under 26 U.S.C. § 501(c)(3) (relating to exemption from
14 tax on corporations, certain trust, etc.), that place
15 assistance SERVICE dogs. <--
16 (2) Exclusively breeds, trains and places service dogs
17 to support people with disabilities.
18 (3) Is a nonprofit organization as defined under 26
19 U.S.C. § 501(c)(3).
20 * * *
21 Section 2. Section 206(a)(5) of the act is amended by adding
22 a subparagraph to read:
23 Section 206. Kennels.
24 (a) Applications, kennel license classifications and fees.--
25 * * *
26 (5) The kennel classes and license fees shall be as
27 follows:
28 * * *
29 (xix) Service Dog Kennel.
30 To keep or operate a service dog kennel - $35 per
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1 year.
2 * * *
3 Section 3. Sections 207(f.1), 211(a) INTRODUCTORY PARAGRAPH <--
4 and 214 of the act, amended or added October 23, 2023 (P.L.114,
5 No.18), are amended to read:
6 Section 207. Requirements for kennels.
7 * * *
8 (f.1) [Isolation plan for imported dogs.--All kennels shall
9 have and implement a plan for the isolation of dogs imported
10 from another state or country to minimize the possibility of
11 transmission of disease.] Imported dogs.--The following shall
12 apply to a kennel that imports dogs from another state or
13 country:
14 (1) The kennel shall have a plan of veterinary care and
15 implement the plan for a dog imported from another state or
16 country to minimize the possibility of transmission of
17 disease. The plan shall be approved AND SIGNED by a licensed <--
18 doctor of veterinary medicine and must include protocols for
19 diagnosis, testing, treatment, quarantine, prevention and
20 disinfection for contagious, infectious, communicable and
21 zoonotic diseases. The plan shall be maintained as a record
22 under subsection (c) and made available for review by dog
23 wardens and employees of the department.
24 (2) Except as provided in paragraph (3), a dog imported
25 from another state or country shall be quarantined for 14
26 days, and the dog may not be dispensed, moved, sold, given
27 away or transferred to a new owner during the 14-day
28 quarantine period.
29 (3) A dog imported from another state or country shall
30 not be required to be quarantined under paragraph (2) if all
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1 of the following apply:
2 (i) The requirements specified under section 214
3 have been met.
4 (ii) The dog is accompanied by a certification from
5 an accredited veterinarian or a veterinarian licensed by
6 the state of origin that the dog has met the requirements
7 specified under subparagraphs (iii) and (iv). The
8 certification shall be maintained as a record under
9 subsection (c).
10 (iii) No later EARLIER than 14 days before the <--
11 transport of the dog from another state or country, the
12 dog meets all of the following criteria:
13 (A) If the dog is older than six months of age,
14 the dog is serology tested and obtains a negative
15 result for heartworm.
16 (B) The dog is tested and obtains a negative
17 fecal result for intestinal parasites.
18 (C) The dog is dewormed with a medication
19 approved by the United States Food and Drug
20 Administration to be effective against roundworms,
21 hookworms, whipworms and tapeworms.
22 (D) The dog is examined and certified to be free
23 of ectoparasites.
24 (iv) No more than 12 months nor less than 14 days
25 prior to transport of the dog from another state or
26 country, the dog is administered with all of the
27 following vaccinations:
28 (A) The Bordetella vaccination, either
29 intranasal or subcutaneous.
30 (B) The Distemper, Adeno, Parainfluenza and
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1 Parvovirus (DAPP) vaccination.
2 * * *
3 Section 211. Revocation or refusal of kennel licenses. <--
4 (a) General powers of secretary.--The secretary shall revoke
5 a kennel license, dealer license or out-of-state dealer license
6 if a licensee is convicted of a violation of 18 Pa.C.S. § 3129
7 (relating to sexual intercourse with animal) or Ch. 55 Subch. B
8 (relating to cruelty to animals) that causes bodily injury to
9 the animal or places the animal at imminent risk of serious
10 bodily injury or of substantially similar conduct pursuant to a
11 cruelty law of another state. The secretary shall not issue a
12 kennel license, dealer license or out-of-state dealer license to
13 a person that has been convicted of a violation of 18 Pa.C.S. §
14 3129 or Ch. 55 Subch. B that causes bodily injury to the animal
15 or places the animal at imminent risk of serious bodily injury
16 within the last ten years. The secretary may revoke or refuse to
17 issue a kennel license, dealer license or out-of-state dealer
18 license for any one or more of the following reasons:
19 (1) the person holding or applying for a license has
20 made a material misstatement or misrepresentation in the
21 license application;
22 (2) the person holding or applying for a license has
23 made a material misstatement or misrepresentation to the
24 department or its personnel regarding a matter relevant to
25 the license;
26 (3) the person holding or applying for a license has
27 failed to comply with this act;
28 (4) the person holding or applying for a license has
29 failed to comply with any regulation promulgated under this
30 act;
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1 (5) the person holding or applying for a license has
2 been convicted of any law relating to cruelty to animals and
3 the conviction is more than ten years old, if there is
4 evidence the person has not been rehabilitated and granting a
5 license would jeopardize the health, safety and welfare of
6 the dogs;
7 (6) the person holding or applying for a license has
8 been convicted of a felony;
9 (7) the person holding or applying for a license has:
10 (i) within the last ten years, been found to have
11 violated section 9.3 of the act of December 17, 1968
12 (P.L.1224, No.387), known as the "Unfair Trade Practices
13 and Consumer Protection Law," or been required to cease
14 and desist from operating a kennel or owning, selling or
15 caring for dogs, or both; or
16 (ii) within the last ten years, entered into an
17 agreement with the Office of Attorney General which
18 requires the person to cease and desist from operating a
19 kennel or owning, selling or caring for dogs, or both;
20 (8) the location of the kennel for which the license is
21 sought is subject to a final, binding order, which is not
22 subject to a pending legal challenge, declaring the kennel is
23 not a permitted use under the applicable zoning ordinance;
24 (9) the person holding or applying for a license has
25 acted or is acting in concert with a person who has violated
26 the act of December 15, 1986 (P.L.1610, No.181), known as the
27 "Rabies Prevention and Control in Domestic Animals and
28 Wildlife Act";
29 (10) the person holding or applying has had a kennel
30 license, dealer license or out-of-state dealer license
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1 refused or revoked within the past ten years;
2 (11) the person holding or applying for a license has a
3 person who does or will play a role in the ownership of the
4 kennel or caring for the dogs, and such other person would be
5 refused a license if that person had been the applicant. A
6 role shall include ownership of a financial interest in the
7 kennel operation, caring for the dogs or participation in the
8 management of the kennel; or
9 (12) the person holding or applying for a license has
10 violated section 214.
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)] § 3129 (RELATING TO SEXUAL
18 INTERCOURSE WITH ANIMAL), 5532 (RELATING TO NEGLECT OF ANIMAL)
19 IF GRADED AS A MISDEMEANOR OR HIGHER, 5533 (RELATING TO CRUELTY
20 TO ANIMAL) IF GRADED AS A MISDEMEANOR OR HIGHER, 5534 (RELATING
21 TO AGGRAVATED CRUELTY TO ANIMAL), 5535 (RELATING TO ATTACK OF
22 SERVICE, GUIDE OR SUPPORT DOG), 5542 (RELATING TO ANIMAL
23 MUTILATION AND RELATED OFFENSES) IF GRADED AS A MISDEMEANOR OR
24 HIGHER, 5543 (RELATING TO ANIMAL FIGHTING), 5544 (RELATING TO
25 POSSESSION OF ANIMAL FIGHTING PARAPHERNALIA), 5548 (RELATING TO
26 POLICE ANIMALS) OR 5549 (RELATING TO ASSAULT WITH A BIOLOGICAL
27 AGENT ON ANIMAL, FOWL OR HONEY BEES) OR OF SUBSTANTIALLY SIMILAR
28 CONDUCT PURSUANT TO A CRUELTY LAW OF ANOTHER STATE. THE
29 SECRETARY SHALL NOT ISSUE A KENNEL LICENSE, DEALER LICENSE OR
30 OUT-OF-STATE DEALER LICENSE TO A PERSON THAT HAS BEEN CONVICTED
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1 OF A VIOLATION OF 18 PA.C.S. [§ 3129 OR CH. 55 SUBCH. B] § 3129,
2 5532 IF GRADED AS A MISDEMEANOR OR HIGHER, 5533 IF GRADED AS A
3 MISDEMEANOR OR HIGHER, 5534, 5535, 5542 IF GRADED AS A
4 MISDEMEANOR OR HIGHER, 5543, 5544, 5548 OR 5549 WITHIN THE LAST
5 TEN YEARS. THE SECRETARY MAY REVOKE OR REFUSE TO ISSUE A KENNEL
6 LICENSE, DEALER LICENSE OR OUT-OF-STATE DEALER LICENSE FOR ANY
7 ONE OR MORE OF THE FOLLOWING REASONS:
8 * * *
9 Section 214. Health certificates for importation.
10 (a) Requirements.--It shall be a violation of this act to
11 transport any dog into this Commonwealth except under the
12 provisions in subsection (c)(2) and section 212 without an
13 interstate certificate of veterinary inspection, which
14 certificate, or copy of such, shall accompany the dog while in
15 this Commonwealth. The certificate shall state that the dog is
16 at least eight weeks of age and shows no signs or [symptoms]
17 clinical evidence suggestive of infectious or communicable
18 disease; did not originate within an area under quarantine for
19 rabies; and, as ascertained by reasonable investigation, has not
20 been exposed to rabies within 100 days of importation.
21 (b) Vaccinations.--
22 (1) All dogs transported into this Commonwealth must
23 have been vaccinated for rabies in accordance with the act of
24 December 15, 1986 (P.L.1610, No.181), known as the "Rabies
25 Prevention and Control in Domestic Animals and Wildlife Act."
26 The name of the vaccine manufacturer, the date of
27 administration, and the rabies tag number must appear on a
28 certificate of vaccination and an interstate certificate of
29 veterinary inspection.
30 (2) All dogs transported into this Commonwealth and
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1 placed in a kennel, except for a boarding kennel, shall have
2 had an initial dose of Distemper, Adeno, Parainfluenza,
3 Parvovirus (DAPP) vaccine as certified by a licensed doctor
4 of veterinary medicine. A dog subject to this paragraph shall
5 [be isolated in accordance with an isolation plan under
6 section 207(f.1) and shall not be dispensed, moved, sold,
7 offered for sale, given away or transferred for a period of
8 14 days.] meet the requirements under section 207(f.1).
9 (c) Boarding kennels.--[The]
10 (1) Except as provided under paragraph (2), the owner or
11 operator of a boarding kennel shall require the owner of each
12 out-of-state dog for which the boarding kennel is taking
13 control to provide a certificate of vaccination and an
14 interstate certificate of veterinary inspection at the time
15 the dog enters the boarding kennel. The certificate of
16 vaccination and the interstate certificate of veterinary
17 inspection shall be kept on file at the boarding kennel for
18 seven days following the dog's departure from the boarding
19 kennel.
20 (2) An interstate certificate of veterinary inspection
21 shall not be required under paragraph (1) if all of the
22 following conditions are met:
23 (i) The dog is owned by a resident of a state which <--
24 directly borders Pennsylvania.
25 (ii) The dog is temporarily housed in a boarding
26 kennel for less than 30 consecutive days.
27 (iii) The dog is privately owned, and the owner is
28 able to provide proof of ownership.