S0082B0032A05073 MSP:CDM 06/21/24 #90 A05073
AMENDMENTS TO SENATE BILL NO. 82
Sponsor: SENATOR VOGEL
Printer's No. 32
Amend Bill, page 1, line 14, by inserting after "Account,""
in short title and definitions, further providing for
definitions;
Amend Bill, page 1, line 16, by inserting after
"requirements"
, for kennels, for requirements for kennels, for revocation or
refusal of kennel licenses, for health certificates for
importation
Amend Bill, page 1, line 17, by striking out the period after
"departments" and inserting
; and, in enforcement and penalties, further providing for rules
and regulations.
Amend Bill, page 1, lines 20 through 22, by striking out all
of said lines and inserting
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
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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.]
"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:
Amend Bill, page 3, by inserting between lines 4 and 5
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.
* * *
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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
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.
(C) The dog is dewormed with a medication
app roved by the United States Food and Drug
Administration to be effective against roundworms,
hookworms, wh ipworms and tapeworms.
(D) The dog is examined and certified to be free
of ectoparasites.
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(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,
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
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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.
(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).
(c) Boarding kennels.--[The]
(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:
Amend Bill, page 3, line 20, by striking out "service"
Amend Bill, page 4, by inserting between lines 2 and 3
Section 902. Rules and regulations.
(a) Rules and regulations.--The secretary, after due notice
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
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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.
Amend Bill, page 4, line 3, by striking out "2" and inserting
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See A05073 in
the context
of SB0082