| PRINTER'S NO. 1339 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 1102 | Session of 2013 |
INTRODUCED BY BENNINGHOFF, BOBACK, CAUSER, CLYMER, SCHLEGEL CULVER, DeLUCA, GABLER, GILLEN, C. HARRIS, HESS, KNOWLES, KORTZ, METCALFE, MURT, TALLMAN AND VEREB, APRIL 3, 2013
REFERRED TO COMMITEE ON AGRICULTURE AND RURAL AFFAIRS, APRIL 3, 2013
AN ACT
1Amending the act of December 7, 1982 (P.L.784, No.225),
2entitled, as amended, "An act relating to dogs, regulating
3the keeping of dogs; providing for the licensing of dogs and
4kennels; providing for the protection of dogs and the
5detention and destruction of dogs in certain cases;
6regulating the sale and transportation of dogs; declaring
7dogs to be personal property and the subject of theft;
8providing for the abandonment of animals; providing for the
9assessment of damages done to animals; providing for payment
10of damages by the Commonwealth in certain cases and the
11liability of the owner or keeper of dogs for such damages;
12imposing powers and duties on certain State and local
13officers and employees; providing penalties; and creating a
14Dog Law Restricted Account," providing for the definition of
15"stun gun"; and further providing for enforcement and
16inspections.
17The General Assembly of the Commonwealth of Pennsylvania
18hereby enacts as follows:
19Section 1. Section 102 of the act of December 7, 1982
20(P.L.784, No.225), known as the Dog Law, is amended by adding a
21definition to read:
22Section 102. Definitions.
23The following words and phrases when used in this act shall
24have, unless the context clearly indicates otherwise, the
1meanings given to them in this section:
2* * *
3"Stun gun." A device that is designed to emit an electronic,
4magnetic or other type of charge to temporarily immobilize or
5incapacitate.
6* * *
7Section 2. Section 901(b.2), (b.3), (b.4) and (b.5) of the
8act, amended October 9, 2008 (P.L.1450, No.119), is amended to
9read:
10Section 901. Enforcement of this act by the secretary;
11provisions for inspections.
12* * *
13(b.2) Limitation on the possession of firearms and stun
14guns.--No dog warden or employee of the department shall carry,
15possess or use a firearm or stun gun in the performance of
16duties[.] unless the person has the approval of the secretary
17and holds a current and valid certification in the use and
18handling of firearms or stun guns under at least one of the
19following:
20(1) 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal
21police education and training).
22(2) The act of October 10, 1974 (P.L.705, No.235), known
23as the Lethal Weapons Training Act.
24(3) The act of February 9, 1984 (P.L.3, No.2), known as
25the Deputy Sheriffs' Education and Training Act.
26(4) A firearm or stun gun training program which has
27been determined by the Commissioner of the Pennsylvania State
28Police to be of sufficient scope and duration to provide the
29participant with basic training in the use and handling of
30firearms or stun guns. A training program under this
1paragraph may be provided by the department for dog wardens.
2(b.3) Application of section to prior dog wardens.--
3(1) Any dog warden or employee of the department who,
4prior to the effective date of this act, has successfully
5completed a training program similar to that required under
6subsection (b.1) shall, after review by the secretary, be
7certified as having met the training requirements of this
8act. Any dog warden or employee of the department who, prior
9to the effective date of this act, has not successfully
10completed a training program similar to that required under
11subsection (b.1) may continue to perform the duties of a dog
12warden until the person has successfully completed the
13required training program, but not longer than two years from
14the effective date of this act.
15(2) (Reserved).
16(3) A dog warden or employee of the department who,
17prior to the effective date of this paragraph, has not
18received approval of the secretary and not been certified in
19the use and handling of firearms or stun guns under one or
20more of the statutes under subsection (b.2)(1), (2), (3) or a
21program under subsection (b.2)(4), may not carry or possess a
22firearm or stun gun in the performance of the duties of a dog
23warden until the person has, under subsection (b.2), received
24approval of the secretary and been certified in the use and
25handling of firearms or stun guns.
26(b.4) Refusal, suspension or revocation authorized.--The
27department may refuse to employ a person to act as a dog warden
28or may suspend or revoke the employment of a person who is
29acting as a dog warden if the department determines that the
30person has:
1(1) Failed to satisfy the training requirements of
2subsection (b.1) or (b.2).
3(2) Had a criminal history record which would disqualify
4the applicant from becoming a law enforcement officer.
5(3) Been convicted of violating 18 Pa.C.S. § 5301
6(relating to official oppression).
7(b.5) Additional grounds.--The department may refuse to
8employ a person to act as a dog warden or other employee charged
9with the enforcement of this act or may suspend or revoke the
10employment of a person who is acting as a dog warden or is
11charged with the enforcement of this act if the department
12determines that the person has:
13(1) Made a false or misleading statement in the
14application for employment.
15(2) Carried or possessed a firearm or stun gun in the
16performance of his or her duties without permission and
17certification pursuant to subsection (b.2).
18(3) Engaged in conduct which constitutes a prima facie
19violation of 18 Pa.C.S. §§ 5301 and 5511 (relating to cruelty
20to animals).
21(4) Knowingly failed to enforce any of the provisions of
22this act.
23(5) Violated any of the provisions of this act.
24* * *
25Section 3. This act shall take effect in 60 days.