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                                 SENATE AMENDED
        PRIOR PRINTER'S NO. 172                       PRINTER'S NO. 3261

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 159 Session of 1989


        INTRODUCED BY DeLUCA, ITKIN, DALEY, FOX, MARKOSEK, TRELLO,
           MELIO, B. SMITH, BELARDI, VROON, STABACK, KOSINSKI, DEMPSEY,
           BELFANTI, NOYE, CAWLEY, SCHULER, HERMAN, BILLOW,
           E. Z. TAYLOR, GIGLIOTTI, VEON, JOHNSON, PISTELLA, PRESTON AND
           OLASZ, JANUARY 30, 1989

        SENATOR HELFRICK, AGRICULTURE AND RURAL AFFAIRS, IN SENATE,
           AS AMENDED, MARCH 27, 1990

                                     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     assessment of damages done to livestock, poultry and domestic
     9     game birds; providing for payment of damages by the
    10     Commonwealth in certain cases and the liability of the owner
    11     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," EXEMPTING CERTAIN PUPPIES BEING TRAINED AS DOG       <--
    15     GUIDES FOR THE BLIND FROM LICENSING REQUIREMENTS; AND further
    16     providing for offenses relating to dogs used for law
    17     enforcement.

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20     Section 1.  Section SECTIONS 217 AND 602 of the act of         <--
    21  December 7, 1982 (P.L.784, No.225), known as the Dog Law, is ARE  <--
    22  amended to read:
    23  SECTION 217.  GUIDE DOGS, HEARING DOGS, AID DOGS FOR THE          <--

     1                 HANDICAPPED AND DOGS USED BY MUNICIPAL OR STATE
     2                 POLICE DEPARTMENTS.
     3     (A)  FEE EXEMPTIONS.--THE PROVISIONS OF THIS ACT RELATING TO
     4  THE PAYMENT OF FEES AND OTHER CHARGES SHALL NOT APPLY TO ANY
     5  BLIND PERSON OWNING A GUIDE DOG OR ANY DEAF PERSON OWNING A
     6  HEARING DOG OR ANY HANDICAPPED PERSON WHO USES A DOG FOR AID OR
     7  ANY MUNICIPAL OR STATE POLICE DEPARTMENT OR AGENCY USING A DOG
     8  IN THE PERFORMANCE OF THE FUNCTIONS OR DUTIES OF SUCH DEPARTMENT
     9  OR AGENCY. LICENSE TAGS FOR DOG GUIDES FOR THE BLIND, HEARING
    10  DOGS FOR THE DEAF, AID DOGS FOR THE HANDICAPPED AND DOGS USED BY
    11  ANY MUNICIPAL OR STATE AGENCY IN THE PERFORMANCE OF THE
    12  FUNCTIONS OR DUTIES OF SUCH DEPARTMENT OR AGENCY SHALL BE ISSUED
    13  WITHOUT CHARGE.
    14     (B)  LICENSING EXEMPTION FOR PUPPIES BEING TRAINED TO BE DOG
    15  GUIDES FOR THE BLIND.--NOTWITHSTANDING THE PROVISIONS OF SECTION
    16  201 OR ANY OTHER PROVISIONS OF THIS ACT, PUPPIES THAT ARE
    17  BROUGHT INTO THIS COMMONWEALTH FOR A PERIOD OF LESS THAN 18
    18  MONTHS AS PART OF A FORMALIZED TRAINING TO BE DOG GUIDES FOR THE
    19  BLIND SHALL BE EXEMPT FROM THE LICENSING REQUIREMENTS OF THIS
    20  ACT.
    21  Section 602.  Dogs used for law enforcement.
    22     (a)  Illegal to taunt law enforcement dogs.--It shall be
    23  unlawful for any person to willfully and maliciously taunt,
    24  torment, tease, beat, kick or strike any dog used by any
    25  municipal or State police department or agency in the
    26  performance of the functions or duties of such department or
    27  agency or to [interfere with or meddle] commit any of the stated
    28  acts in the course of interfering with any such dog used by the
    29  department or agency or any member thereof in the performance of
    30  the functions or duties of the department or agency or of such
    19890H0159B3261                  - 2 -

     1  officer or member. Any person who violates any of the provisions
     2  of this subsection commits a misdemeanor of the second degree.
     3     (b)  Illegal to torture certain dogs.--It shall be unlawful
     4  for any person to willfully or maliciously torture, mutilate,
     5  injure, disable, poison or kill any dog used by any municipal or
     6  State police department or agency in the performance of the
     7  functions or duties of the department or agency or to [interfere
     8  with or meddle] commit any of the stated acts in the course of
     9  interfering with any such dog used by the department or agency
    10  or any member thereof in the performance of any of the functions
    11  or duties of the department or agency or of such officer or
    12  member. Any person who violates any of the provisions of this
    13  [section is guilty of a summary offense] subsection commits a
    14  misdemeanor of the first degree.
    15     (c)  Illegal to deny facilities or service due to police dog
    16  use.--It shall be unlawful for the proprietor, manager or
    17  employee of a theater, hotel, motel, restaurant or other place
    18  of entertainment, amusement or accommodation, to refuse,
    19  withhold from or deny to any person, due to the use of a working
    20  police dog used by any State or municipal police department or
    21  agency, either directly or indirectly, any of the
    22  accommodations, advantages, facilities or privileges of the
    23  theater, hotel, motel, restaurant or other place of public
    24  entertainment, amusement or accommodation. Any person who
    25  violates any of the provisions of this subsection commits a
    26  misdemeanor of the third degree.
    27     [(c)] (d)  Quarantine of certain dogs not required.--
    28  Quarantine of dogs as required by law shall not apply to dogs
    29  owned by any municipal or State police department or agency when
    30  such dogs are under the direct supervision and care of a police
    19890H0159B3261                  - 3 -

     1  officer and subject to routine veterinary care.
     2     Section 2.  This act shall take effect in 60 days.



















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