PRINTER'S NO. 3802
No. 2559 Session of 2006
INTRODUCED BY CASORIO, DeWEESE, BELFANTI, CALTAGIRONE, BAKER,
BOYD, CAPPELLI, CRAHALLA, FABRIZIO, GOODMAN, GRUCELA,
KIRKLAND, KOTIK, LEACH, LEDERER, MAHER, PALLONE, PAYNE,
PHILLIPS, PISTELLA, RAYMOND, READSHAW, SATHER, SIPTROTH,
TANGRETTI AND YOUNGBLOOD, APRIL 3, 2006
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
APRIL 3, 2006
AN ACT
1 Relating to cats; regulating the keeping of cats; providing for
2 the licensing, seizure, detention and destruction of cats;
3 establishing a Cat Law Restricted Account; making an
4 appropriation; and establishing penalties and enforcement
5 mechanisms.
6 TABLE OF CONTENTS
7 Chapter 1. General Provisions
8 Section 101. Short title.
9 Section 102. Definitions.
10 Chapter 2. Licenses, Tags and Kennels
11 Section 201. Licensing of cats.
12 Section 202. Kennels.
13 Section 203. Revocation, suspension or refusal of kennel
14 licenses.
15 Chapter 3. Seizure, Detention and Destruction of Cats
16 Section 301. Quarantines.
17 Section 302. Seizure, detention and destruction of cats.
1 Chapter 4. Disposition and Appropriation of Funds
2 Section 401. Cat Law Restricted Account.
3 Section 402. County cat law programs.
4 Chapter 5. Enforcement and Penalties.
5 Section 501. Enforcement of this act by the secretary and
6 provisions for inspections.
7 Chapter 6. Miscellaneous Provisions
8 Section 601. Effective date.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 CHAPTER 1
12 GENERAL PROVISIONS
13 Section 101. Short title.
14 This act shall be known and may be cited as the Domestic Cat
15 Law.
16 Section 102. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Agent." A person who is authorized by this act to process
21 applications for cat license certificates and issue cat license
22 certificates and tags under section 201.
23 "Cat." The genus and species known as Felis catus.
24 "County treasurer." The elected officer for any county or
25 any county employee assigned to the office of the county
26 treasurer charged with the receipt, custody and disbursements of
27 the county's moneys or funds. The term includes those officials
28 in home rule charter counties responsible for county treasurer's
29 duties.
30 "Department." The Department of Agriculture of the
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1 Commonwealth.
2 "Humanely killed." A method of destruction in accordance
3 with the act of December 22, 1983 (P.L.303, No.83), referred to
4 as the Animal Destruction Method Authorization Law.
5 "Kennel." Any establishment wherein cats are kept for the
6 purpose of breeding, hunting, training, renting, research or
7 vivisection, buying, boarding, selling, showing or any other
8 similar purpose and is so constructed that cats cannot stray
9 therefrom.
10 "Licensed doctor of veterinary medicine." A person who is
11 currently licensed pursuant to the act of December 27, 1974
12 (P.L.995, No.326), known as the Veterinary Medicine Practice
13 Act.
14 "Owner." When applied to the proprietorship of a cat, the
15 term includes every person having a right of property in such
16 cat, and every person who keeps or harbors such cat or has it in
17 his care, and every person who permits such cat to remain on or
18 about any premises occupied by him.
19 "Permanent identification" or "permanently identified." Any
20 long-lasting identification designed to be nonremovable, such as
21 a tattoo or microchip, determined by the Department of
22 Agriculture through regulation. Any cat permanently identified
23 shall be required to bear a license tag in accordance with the
24 provisions of this act.
25 "Secretary." The Secretary of Agriculture of the
26 Commonwealth or any person to whom authority has been delegated
27 by the Secretary of Agriculture.
28 "State cat warden." An employee of the Department of
29 Agriculture whose primary duty is to enforce this act and the
30 regulations pursuant hereto.
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1 "Vivisection." The cutting of or operation on a living
2 animal for physical or pathological investigation or animal
3 experimentation.
4 CHAPTER 2
5 LICENSES, TAGS AND KENNELS
6 Section 201. Licensing of cats.
7 (a) Issuance of cat licenses.--
8 (1) The county treasurer shall be an agent and shall
9 process application for cat license certificates and issue
10 cat license certificates and tags.
11 (2) The county treasurer may authorize magisterial
12 district judges to be agents and to process applications for
13 cat license certificates and to issue cat license
14 certificates and tags.
15 (3) The county treasurer may authorize other agents
16 within the county to process cat license certificates and to
17 issue cat license certificates and tags. At least half of the
18 agents appointed in each county shall have hours of operation
19 after 5 p.m. at least one weekday and shall be open at least
20 one day of each weekend. Agents who have been appointed by
21 their respective county treasurers under this paragraph shall
22 meet bonding requirements as their respective county
23 treasurers may require.
24 (4) The secretary shall have the authority, after a
25 review of the agents appointed by a county treasurer, to
26 appoint agents within each county to process cat license
27 certificates and to issue cat license certificates and tags.
28 Priority shall be given to licensed doctors of veterinary
29 medicine and kennels licensed under this act. At least half
30 of the agents appointed in each county shall have hours of
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1 operation after 5 p.m. at least one weekday and shall be open
2 at least one day of each weekend. Agents appointed by the
3 secretary under this paragraph shall be required to post a
4 bond or other security instrument in a form satisfactory to
5 the secretary in an amount the secretary determines. The
6 secretary may recall the appointment of any agent at any
7 time.
8 (5) Agents who have been appointed by their respective
9 county treasurers prior to the effective date of this section
10 may continue to act as agents for the county treasurers under
11 such bonding requirements as the county treasurer may
12 require.
13 (b) Compensation.--For services rendered in collecting and
14 paying over cat license fees, agents, for as long as they
15 continue to act in that capacity, may collect and retain a sum
16 of $1 for each cat license sold, which amount shall be full
17 compensation for services rendered by them under this act. The
18 compensation shall be retained by the respective agents and
19 shall cover, among other things, the cost of processing and
20 issuing cat licenses, postage, mailing, returns and bonding of
21 the agents. A magisterial district judge authorized by the
22 county treasurer to process applications for cat license
23 certificates and issue cat license certificates and tags is not
24 authorized to collect compensation under this subsection. Agents
25 under subsection (a)(3) and (5) shall collect an additional 50¢
26 which shall be remitted to the county treasurer, for the use of
27 the county, in the same manner as records are forwarded under
28 subsection (e).
29 (c) Proof required.--Each agent shall secure positive proof
30 of the owner's identification and the cat's spay/neuter status,
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1 as may be appropriate, for each cat license sold.
2 (d) Deposit of funds.--All cat license fees paid to an agent
3 under this act, less compensation if collected, shall be paid by
4 those agents into the State Treasury for deposit in the Cat Law
5 Restricted Account at least once a month and shall be applied to
6 the purposes provided in this act. An agent shall make a return
7 to the department upon a form to be supplied by the department.
8 (e) Records.--Each agent shall keep on a printed form
9 supplied by the department a correct and complete record of all
10 cat licenses issued. The records shall be available at
11 reasonable hours for inspection by any employee of the
12 department charged with the enforcement of this act or any
13 representative of the Department of the Auditor General or
14 Office of Attorney General. Within five days following the first
15 day of each month, each agent shall forward to the secretary and
16 to the county treasurer of the county in which the agent is
17 situated, on forms supplied by the department, a complete report
18 of cat licenses issued, in correct numerical sequence. All money
19 collected from the sale of cat licenses, less compensation if
20 collected, and any other information required by the secretary
21 shall be forwarded to the secretary with the report.
22 (f) License sales.--Each agent shall process applications
23 and issue cat license certificates on a year-round basis.
24 Nothing in this act shall permit an agent while acting in that
25 capacity to suspend license sales during any time.
26 (g) Rules and regulations.--The department may promulgate
27 such rules and regulations as it deems necessary to control and
28 supervise the issuance of cat licenses by agents.
29 (h) Failure to comply.--An agent who fails to comply with
30 this act or regulations adopted under this act relating to the
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1 issuance, recording of data or remitting of costs for cat
2 licenses issued shall not be entitled to retain the sum under
3 subsection (b) for his services but shall pay the sum to the
4 State Treasury for deposit into the Cat Law Restricted Account.
5 Delinquent agents are subject to a penalty of 10% per month on
6 any outstanding balance of cat license money due the department,
7 which penalty shall be compounded on a monthly basis. Any money
8 not paid may be recovered by the Commonwealth by suit in the
9 same manner as like amounts are recoverable by law. Delinquent
10 agents shall be recalled after a delinquency period of 60 days.
11 (i) Unlawful acts concerning agents.--It is unlawful for an
12 agent or his representative to knowingly:
13 (1) Issue a cat license at a fee greater than the fee
14 prescribed in this act.
15 (2) Issue a cat license without first securing the
16 proofs required under subsection (c).
17 (3) Falsify the date of a license certificate.
18 (4) Violate any other provision of this section.
19 (j) Penalty.--Any agent who violates this section or the
20 rules or regulations promulgated under this section commits a
21 summary offense and, upon conviction, shall be sentenced to pay
22 a fine of not less than $300 nor more than $500 and, in
23 addition, may have his agency recalled at the discretion of the
24 secretary. Each day of violation or each illegal act constitutes
25 a separate offense.
26 Section 202. Kennels.
27 (a) Applications, kennel license classifications and fees.--
28 Any person who keeps or operates a Class I, Class II, Class III,
29 Class IV or Class V Kennel, Boarding Kennel Class I, Boarding
30 Kennel Class II, Boarding Kennel Class III or nonprofit kennel
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1 shall, on or before January 1 of each year, apply to the
2 department for a kennel license. The application forms and
3 kennel licenses shall be as designated by the secretary. A
4 separate license shall be required for each type of kennel and
5 every location at which a kennel is kept or operated. A kennel
6 license is required to keep or operate any establishment that
7 keeps, harbors, boards, shelters, sells, gives away or in any
8 way transfers a cumulative total of 26 or more cats of any age
9 in any one calendar year. All kennel licenses shall expire on
10 December 31. When two or more licensed kennels are operated by
11 the same person at the same location, each kennel shall be
12 inspected and licensed for each use.
13 (1) Kennel Class I: To keep or operate a private
14 kennel, pet shop kennel, research kennel, dealer kennel or
15 breeding kennel for a cumulative total of 50 cats or fewer of
16 any age during a calendar year - $75 per year.
17 (2) Kennel Class II: To keep or operate a private
18 kennel, pet shop kennel, research kennel, dealer kennel or
19 breeding kennel for a cumulative total of 51 to 100 cats of
20 any age during a calendar year - $200 per year.
21 (3) Kennel Class III: To keep or operate a private
22 kennel, pet shop kennel, research kennel, dealer kennel or
23 breeding kennel for a cumulative total of 101 to 150 cats of
24 any age during a calendar year - $300 per year.
25 (4) Kennel Class IV: To keep or operate a private
26 kennel, pet shop kennel, research kennel, dealer kennel or
27 breeding kennel for a cumulative total of 151 to 250 cats of
28 any age during a calendar year - $400 per year.
29 (5) Kennel Class V: To keep or operate a private
30 kennel, pet shop kennel, research kennel, dealer kennel or
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1 breeding kennel for a cumulative total of 251 or more cats of
2 any age during a calendar year - $500 per year.
3 (6) Boarding Kennel Class I: To keep or operate a
4 boarding kennel having the capacity to accommodate a total of
5 one to ten cats at any time during a calendar year - $100 per
6 year.
7 (7) Boarding Kennel Class II: To keep or operate a
8 boarding kennel having the capacity to accommodate a total of
9 11 to 25 cats at any time during a calendar year - $150 per
10 year.
11 (8) Boarding Kennel Class III: To keep or operate a
12 boarding kennel having the capacity to accommodate 26 or more
13 cats at any time during a calendar year - $250 per year.
14 (9) Nonprofit Kennel: To keep or operate a nonprofit
15 kennel - $25 per year.
16 (b) Nonprofit kennels.--A nonprofit kennel shall apply for a
17 nonprofit kennel license. Such kennel may use its own
18 identification tags for cats confined therein. The secretary may
19 approve, upon application, the removal of tags from licensed
20 cats confined therein.
21 (c) Issuance of tags.--The department shall issue the number
22 of tags equal to the number of cats three months of age or
23 older, or a lesser number as determined by the kennel owner's
24 needs, approved by the secretary to be kept in a kennel
25 described under this section. All tags shall bear the name of
26 the county where they are issued, the kennel license number and
27 any other information required by the secretary through
28 regulations.
29 (d) Kennel removed to another county.--If a person that
30 keeps or operates a kennel permanently removes the kennel to
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1 another county, the person shall file an application with the
2 secretary to transfer the license to the county of removal. Upon
3 approval by the secretary, the kennel license shall remain in
4 effect until it has expired pursuant to this section.
5 (e) Adequacy of fees.--On or before July 1, 2007, the
6 department shall submit a report to the chairperson and minority
7 chairperson of the Agriculture and Rural Affairs Committee of
8 the Senate and the chairperson and minority chairperson of the
9 Agriculture and Rural Affairs Committee of the House of
10 Representatives comparing the expenses incurred by the
11 department for enforcing this act with regard to kennels and the
12 revenues received by the department in accordance with this
13 section.
14 Section 203. Revocation, suspension or refusal of kennel
15 licenses.
16 (a) General powers of secretary.--The secretary may revoke
17 or suspend a kennel license or out-of-State dealer license or
18 refuse to issue a kennel license or out-of-State dealer license
19 for any one or more of the following reasons:
20 (1) The person holding or applying for a license has
21 made a material misstatement or misrepresentation in the
22 license application.
23 (2) The person holding or applying for a license has
24 made a material misstatement or misrepresentation to the
25 department or its personnel regarding a matter relevant to
26 the license.
27 (3) The person holding or applying for a license has
28 been convicted of any violation of this act.
29 (4) The person holding or applying for a license has
30 failed to comply with any regulation promulgated under this
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1 act.
2 (5) The person holding or applying for a license has
3 been convicted of any law relating to cruelty to animals.
4 (b) Notice of action.--
5 (1) The secretary shall provide written notice of a
6 kennel license or an out-of-State dealer license revocation,
7 suspension or refusal to the person whose license is revoked,
8 suspended or refused. The notice shall set forth the general
9 factual and legal basis for the action and shall advise the
10 affected person that, within ten days of receipt of the
11 notice, the person may file with the secretary a written
12 request for an administrative hearing. The hearing shall be
13 conducted in accordance with 2 Pa.C.S. (relating to
14 administrative law and procedure).
15 (2) Written notice of revocation, suspension or refusal
16 shall be served by personal service or by registered or
17 certified mail, return receipt requested, to the person or to
18 a responsible employee of such person whose license is
19 revoked, suspended or refused. Revocation or suspension shall
20 commence upon service of the written notice.
21 (c) Seizure and constructive seizure.--
22 (1) Whenever the secretary revokes, suspends or refuses
23 a kennel license or an out-of-State dealer license, the
24 department may seize and impound any cat in the possession,
25 custody or care of the person whose license is revoked,
26 suspended or refused if there are reasonable grounds to
27 believe that the cat's health, safety or welfare is
28 endangered. Reasonable costs of transportation, care and
29 feeding of a seized and impounded cat shall be paid by the
30 person from whom the cat was seized and impounded.
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1 (2) (i) If the person whose kennel license or out-of-
2 State dealer license is revoked, suspended or refused and
3 whose cat has been seized and impounded provides the
4 secretary with satisfactory evidence or assurances that
5 the cat will receive adequate care and has paid all costs
6 of transportation, care and feeding related to the
7 seizure and impoundment of the cat, the person may
8 retrieve the seized and impounded cat.
9 (ii) If the owner of a seized and impounded cat is
10 someone other than the person from whom the cat was
11 seized and impounded, the cat owner may retrieve the cat
12 from impoundment upon payment of all transportation, care
13 and feeding costs applicable to the cat. The person from
14 whom the cat was seized and impounded shall be
15 responsible to reimburse the cat owner for the
16 transportation, care and feeding costs.
17 (3) The secretary shall allow a cat to remain in the
18 physical possession, custody or care of the person whose
19 kennel license or out-of-State dealer license is revoked,
20 suspended or refused upon any one or more of the following
21 findings:
22 (i) The secretary has no reasonable grounds to
23 believe that the health, safety or welfare of the cat is
24 endangered.
25 (ii) The person whose license is revoked, suspended
26 or refused has provided satisfactory evidence or
27 assurances that the cat will receive adequate care.
28 (4) Ownership of a cat which has been seized and
29 impounded or which is under constructive seizure may be
30 forfeited upon the written request of its owner.
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1 (5) The secretary may direct that ownership of a
2 particular cat which is seized and impounded pursuant to
3 paragraph (1) is to be forfeited. The department shall serve
4 the owner of the affected cat with written notice of
5 forfeiture. The notice shall indicate that ownership of the
6 cat in question may be forfeited to some entity other than
7 the department. Notice of forfeiture shall be served by
8 personal service or by registered or certified mail, return
9 receipt requested, to the owner of the affected cat or a
10 responsible person at the kennel from which the cat was
11 seized and impounded. The notice shall specify an effective
12 date of forfeiture which shall not be less than ten days from
13 service of the notice. The notice shall further inform the
14 cat owner of the owner's right to request an administrative
15 hearing on the issue of forfeiture by delivering a written
16 request to the department prior to the date of forfeiture. A
17 written hearing request shall act as a supersedeas of the
18 forfeiture action. At the administrative hearing, the
19 department shall have the burden of proving that the affected
20 cat owner did not adequately care for the subject cat, that
21 no satisfactory evidence or assurances have been given to the
22 department that the subject cat will be adequately cared for
23 if it is returned to the owner or that the owner has
24 abandoned the subject cat. Abandonment shall be presumed if
25 an owner fails to make timely payment of reasonable costs of
26 transportation, care and feeding of the seized and impounded
27 cat after two written requests to do so have been served by
28 personal service or registered or certified mail, return
29 receipt requested, upon a responsible person at the kennel in
30 question or to the cat owner.
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1 (d) Reimbursement of transportation, care and feeding
2 costs.--A person described in subsection (c)(1) and (2) who has
3 paid transportation, care and feeding costs with respect to a
4 cat seized under this section may make application to the
5 department for reimbursement of the costs if all persons cited
6 or charged with violations of this act as a result of the
7 conditions at the kennel at issue are acquitted of all charges
8 or violations.
9 (e) Department as guarantor of payment of certain costs.--A
10 kennel at which a cat is impounded by the department under the
11 authority of this section shall be compensated from the Cat Law
12 Restricted Account in the amount of $5 per cat for each day or
13 portion thereof that the cat is held at the kennel if:
14 (1) the kennel has attempted, without success, to obtain
15 payment for transportation, care and feeding costs from the
16 owner of the cat and the owner of the kennel from which the
17 cat was seized and impounded; and
18 (2) the kennel makes written application to the
19 department setting forth the amount sought, details of a good
20 faith attempt at obtaining payment of the costs from the cat
21 owner and the kennel owner and the dates and numbers of cats
22 justifying the amount sought.
23 (f) Prohibition.--No cat seized under this section shall be
24 sold or given freely for the purpose of vivisection or research
25 or be conveyed in any manner for these purposes or be conveyed
26 to a dealer.
27 CHAPTER 3
28 SEIZURE, DETENTION AND DESTRUCTION OF CATS
29 Section 301. Quarantines.
30 A quarantine may be established by any State cat warden,
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1 licensed doctor of veterinary medicine having the approval of a
2 State cat warden or any licensed doctor of veterinary medicine
3 employed by the State, the department or a county health
4 department. Any State cat warden, licensed doctor of veterinary
5 medicine having the approval of a State cat warden or any
6 licensed doctor of veterinary medicine employed by the State,
7 the department or a county health department may enforce a
8 quarantine whenever it is deemed necessary or advisable by the
9 department to examine, test, treat, control or destroy any cat
10 or examine, disinfect or regulate the use of any premises,
11 materials or products for the purpose of preventing or
12 controlling the spread of any disease. Until a quarantine is
13 officially revoked by the secretary or his employee, it shall be
14 unlawful for any owner or person, without a special permit in
15 writing from the department, to sell, exchange, lease, lend,
16 give away, allow to stray, remove or allow to be removed any cat
17 or cats or any products, goods, materials, containers, vehicles
18 or other articles or property named or described in the notice
19 of quarantine. When a general rabies quarantine is established,
20 at least ten notices thereof shall be posted throughout the
21 affected area by the quarantine, and notice thereof shall also
22 be published in at least one issue of a newspaper of general
23 circulation throughout such city, borough, town or township. Any
24 cat suspected of being rabid shall be detained in isolation by
25 the owner, if known and if such facilities are approved by the
26 department or by an employee of the department. If such
27 detention has incurred costs not collectible by the employee of
28 the department, then the employee of the department shall
29 approve and reimburse the actual cost of such detention to the
30 person providing facilities for such detention. Any police
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1 officer or State cat warden may humanely kill any cat running at
2 large in a rabies quarantined area without any liability for
3 damages for such killing.
4 Section 302. Seizure, detention and destruction of cats.
5 (a) General rule.--It shall be the duty of every police
6 officer, State cat warden, employee of the department or animal
7 control officer to seize and detain any cat which is found
8 running at large, either upon the public streets or highways of
9 this Commonwealth, or upon the property of a person other than
10 the owner of such cat, and unaccompanied by the owner or keeper.
11 Every police officer, State cat warden, employee of the
12 department or animal control officer may humanely kill any cat
13 which is found running at large and is deemed after due
14 consideration by the police officer, State cat warden, employee
15 of the department or animal control officer to constitute a
16 threat to the public health and welfare.
17 (b) Licensed cats.--The State cat warden or employee of the
18 department, the animal control officer or the chief of police or
19 his agents of any city, borough, town or township, the constable
20 of any borough and the constable of any incorporated town or
21 township shall cause any cat bearing a proper license tag or
22 permanent identification and so seized and detained to be
23 properly kept and fed at any licensed kennel approved by the
24 secretary for such purposes and shall cause immediate notice, by
25 registered or certified mail, return receipt requested, to the
26 person in whose name the license was procured, or his agent, to
27 claim such cat within five days after receipt thereof. The owner
28 or claimant of a cat so detained shall pay a penalty of $15 to
29 the political subdivision whose police officers made such
30 seizures and detention and all reasonable expenses incurred by
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1 reason of the detention to the detaining parties before the cat
2 is returned. If five days after obtaining the postal return
3 receipt such cat has not been claimed, the chief of police, his
4 agent, a constable or State cat warden or employee of the
5 department shall dispense such cat by sale or by giving it to a
6 humane society or association for the prevention of cruelty to
7 animals. No cat so caught and detained shall be sold for the
8 purposes of vivisection or research or be conveyed in any manner
9 for these purposes. All moneys derived from the sale of such
10 cat, after deducting the expenses of its detention, shall be
11 paid through the Department of Agriculture to the State
12 Treasurer for credit to the Cat Law Restricted Account.
13 (c) Unlicensed cats.--A police officer, State cat warden,
14 employee of the department or animal control officer shall cause
15 any unlicensed cat to be seized, detained, kept and fed for a
16 period of seven days at any licensed kennel approved by the
17 secretary for such purposes, except any cat seriously ill or
18 injured or forfeited with the owner's permission. Any person may
19 view such detained cats during normal business hours. Any
20 unlicensed cat remaining unclaimed after seven days may be
21 humanely killed or given to a humane society or association for
22 the prevention of cruelty to animals. No cat so caught and
23 detained shall be sold for the purpose of vivisection or
24 research or be conveyed in any manner for these purposes.
25 CHAPTER 4
26 DISPOSITION AND APPROPRIATION OF FUNDS
27 Section 401. Cat Law Restricted Account.
28 (a) Cat Law Restricted Account established.--All moneys paid
29 into the State Treasury under the provisions of this act shall
30 be paid into a restricted account hereby established and to be
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1 known as the Cat Law Restricted Account. Any interest accrued on
2 the account shall be credited to the account for the purposes of
3 meeting the requirements of this act.
4 (b) Appropriation.--As much as may be necessary of such
5 moneys and interest in the Cat Law Restricted Account are hereby
6 appropriated to pay:
7 (1) All salaries of the employees of the department in
8 administering their duties under this act.
9 (2) All expenses of the secretary and the department in
10 administering their duties under this act.
11 (3) All payments to counties pursuant to section 402.
12 (4) All payments from surplus moneys declared to be
13 available by the secretary pursuant to section 402(b).
14 (5) All payments for promotion and educational
15 activities.
16 (6) All training required under section 501.
17 (c) Subsidized services.--No funds credited to the
18 restricted account under this section shall be used for
19 government-subsidized veterinary services.
20 Section 402. County cat law programs.
21 (a) Cat control facilities.--Any county except counties of
22 the first class, two or more counties which form a joint cat
23 control agency or any humane society or association for the
24 prevention of cruelty to animals may submit requests for funding
25 to establish and maintain cat control facilities or other
26 functions of cat control within the county to complement the
27 Commonwealth cat law enforcement program. Any county or humane
28 society or association for the prevention of cruelty to animals
29 which receives funding under this section shall appoint one or
30 more animal control officers who shall be subject to the
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1 training requirements under section 501(c) and (d). If a joint
2 cat control agency is created, one of the counties shall act as
3 a lead agency for the purposes of meeting the requirements of a
4 program, including, but not limited to, recordkeeping,
5 supervision of employees and other administrative duties as
6 required by this act.
7 (b) County cat law enforcement.--
8 (1) A county may request the secretary to be authorized
9 to perform any or all of the duties and functions of cat law
10 enforcement under Chapters 1 and 2, except sections 202 and
11 203, as pertains to kennel inspections, Chapter 3, except
12 section 301, and Chapters 4 and 5.
13 (2) The secretary may also authorize a municipality
14 within a county, except counties of the first class, which
15 has been designated by the county to act as its
16 representative, to perform any or all of the duties and
17 functions of cat law enforcement as outlined in this
18 subsection, provided that the municipality agrees to accept
19 all obligations imposed upon the county by the guidelines and
20 conditions of the department and the applicable regulations.
21 (3) A county which the secretary authorized to perform
22 duties and functions of cat law enforcement under this
23 subsection shall appoint one or more officers to be known as
24 county animal wardens who shall have the power to enforce the
25 portions of this act enumerated in paragraph (1) in the
26 county.
27 (4) County animal wardens shall be subject to the
28 training requirements under section 501.
29 (5) No dealer nor any humane society police officer
30 shall be appointed as a county animal warden in any county.
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1 (6) Nothing in this act shall be construed as
2 authorizing a county to delegate or assign any powers or
3 duties conferred upon counties or municipalities under this
4 subsection to any private corporation, association or
5 organization or any other nongovernmental entity.
6 (7) The secretary and a county shall agree upon the
7 amount of funds available to a county for the purpose of this
8 subsection, except that no agreement shall authorize the
9 county to receive an annual amount greater than the total
10 annual contributions to the Cat Law Restricted Account for
11 the previous year resulting from the issuance of individual
12 cat licenses within the county.
13 (8) Any agreement between the secretary and a county
14 under this subsection shall be set forth within a memorandum
15 of understanding which shall be reviewed annually.
16 (9) The secretary may recall the county program
17 authorization at any time, when such county shall
18 subsequently revert to State jurisdiction.
19 (c) Surplus funds.--The secretary may declare that there is
20 a surplus of money in the Cat Law Restricted Account. The
21 secretary may authorize additional payments to the counties,
22 except to counties of the first class, municipalities and to
23 humane societies or associations for the prevention of cruelty
24 to animals from any amount declared to be surplus. Payments
25 shall be based on the secretary's evaluation pursuant to rules
26 and regulations promulgated under this act.
27 CHAPTER 5
28 ENFORCEMENT AND PENALTIES
29 Section 501. Enforcement of this act by the secretary and
30 provisions for inspections.
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1 (a) General rule.--The secretary, through the State cat
2 wardens, employees of the department and police officers shall
3 be charged with the general enforcement of this act. The
4 secretary may employ all proper means for the enforcement of
5 this act and may enter into agreements pursuant to section 402,
6 which shall be filed with the department, for the purpose of cat
7 control. State cat wardens and employees of the department are
8 hereby authorized to enter upon the premises of any persons for
9 the purpose of investigation. A cat warden or employee of the
10 department may enter into a home or other building only with the
11 permission of the occupant or with a duly issued search warrant.
12 (b) Training for cat wardens.--The secretary shall establish
13 training requirements for cat wardens and other employees of the
14 department charged with the enforcement of this act which shall
15 include cat handling and humane capture, preliminary recognition
16 of cat pathology, knowledge of proper cat sanitation, kennel
17 inspection procedures and shelter and cat law enforcement.
18 (c) Training requirements.--The department shall establish a
19 program for initial training of cat wardens and employees of the
20 department which must include, at a minimum, a total of 56 hours
21 of instruction, in accordance with paragraphs (1), (2) and (3).
22 (1) The program for initial training of cat wardens must
23 include at least 32 hours of instruction in the following
24 group of instructional areas:
25 (i) Cat laws and applicable rules and regulations.
26 (ii) Care and treatment of cats.
27 (iii) Pennsylvania criminal law and criminal
28 procedure.
29 (2) At least 24 hours of instruction in the initial
30 training program must be provided in the following group of
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1 instructional areas:
2 (i) Cat handling and humane capture.
3 (ii) Preliminary recognition of cat pathology.
4 (iii) Proper cat sanitation and shelter.
5 (iv) Kennel inspection procedures.
6 (3) The initial training program must also require an
7 individual, as a prerequisite to successful completion of the
8 training program, to take and pass a final examination that
9 sufficiently measures the individual's knowledge and
10 understanding of the instructional material.
11 (d) Limitation on the possession of firearms.--No cat warden
12 or employee of the department shall carry, possess or use a
13 firearm in the performance of duties unless the person has the
14 approval of the secretary and holds a current and valid
15 certification in the use and handling of firearms pursuant to at
16 least one of the following:
17 (1) The act of October 10, 1974 (P.L.705, No.235), known
18 as the Lethal Weapons Training Act.
19 (2) The act of February 9, 1984 (P.L.3, No.2), known as
20 the Deputy Sheriffs' Education and Training Act.
21 (3) 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal
22 police education and training).
23 (4) Any other firearms program which has been determined
24 by the Commissioner of the Pennsylvania State Police to be of
25 sufficient scope and duration to provide the participant with
26 basic training in the use and handling of firearms. The
27 department may provide for such firearms training for cat
28 wardens.
29 (e) Application of section to prior cat wardens.--
30 (1) Any cat warden or employee of the department who,
20060H2559B3802 - 22 -
1 prior to the effective date of this act, has successfully
2 completed a training program similar to that required under
3 subsection (b) shall, after review by the secretary, be
4 certified as having met the training requirements of this
5 act. Any cat warden or employee of the department who, prior
6 to the effective date of this act, has not successfully
7 completed a training program similar to that required under
8 subsection (b) may continue to perform the duties of a cat
9 warden until the person has successfully completed the
10 required training program, but not longer than two years from
11 the effective date of this act.
12 (2) Any cat warden or employee of the department who,
13 prior to the effective date of this act, has not received
14 approval of the secretary and been certified in the use and
15 handling of firearms pursuant to one or more of the acts set
16 forth in subsection (d)(1), (2) and (3) shall not carry or
17 possess a firearm in the performance of the duties of a cat
18 warden on or after the effective date of this act until the
19 person has, under subsection (d), received approval of the
20 secretary and been certified in the use and handling of
21 firearms.
22 (f) Refusal, suspension or revocation authorized.--The
23 department may refuse to employ a person to act as a cat warden
24 or may suspend or revoke the employment of a person who is
25 acting as cat warden if the department determines that the
26 person has:
27 (1) Failed to satisfy the training requirements of
28 subsection (c).
29 (2) Had a criminal history record which would disqualify
30 the applicant from becoming a law enforcement officer.
20060H2559B3802 - 23 -
1 (3) Been convicted of violating 18 Pa.C.S. § 5301
2 (relating to official oppression).
3 (g) Additional grounds.--The department may refuse to employ
4 a person to act as a cat warden or other employee charged with
5 the enforcement of this act or may suspend or revoke the
6 employment of a person who is acting as a cat warden or is
7 charged with the enforcement of this act if the department
8 determines that the person has:
9 (1) Made a false or misleading statement in the
10 application for employment.
11 (2) Carried or possessed a firearm in the performance of
12 his or her duties without certification pursuant to
13 subsection (d).
14 (3) Engaged in conduct which constitutes a prima facie
15 violation of 18 Pa.C.S. § 5301.
16 (4) Knowingly failed to enforce any of the provisions of
17 this act.
18 (5) Violated any of the provisions of this act.
19 (h) Training available to others.--The department may
20 provide training under subsections (c) and (d) to any person not
21 employed by the department and may charge a reasonable fee to
22 cover the costs incurred for providing this service. Training
23 for any person not employed by the department need not include
24 instruction in kennel inspection procedures.
25 (i) Advisory board.--The secretary shall appoint a Cat Law
26 Advisory Board for advice in the administration of this act. The
27 board shall consist of the following:
28 (1) The secretary or his designee, who shall act as
29 chairman.
30 (2) A representative of animal research establishments.
20060H2559B3802 - 24 -
1 (3) A representative of a Statewide veterinary medical
2 association.
3 (4) Two representatives of animal welfare organizations.
4 (5) Three representatives of farm organizations, with
5 one from each Statewide general farm organization.
6 (6) A representative of cat clubs.
7 (7) A representative of commercial kennels.
8 (8) A representative of pet store kennels.
9 (9) A representative of sportsmen.
10 (10) A representative of a purebred feline registering
11 association.
12 (11) A representative of the police.
13 (12) A county treasurer.
14 (j) Terms.--The length of the initial term of each
15 appointment to the board shall be set by the secretary and shall
16 be staggered so that the terms of approximately one-third of the
17 appointments expire each year.
18 (k) Absences.--Three consecutive unexcused absences from
19 regular board meetings or failure to attend at least 50% of the
20 regularly scheduled board meetings in any calendar year shall be
21 considered cause for termination of appointment unless the
22 secretary, upon written request of the member, finds that the
23 member should be excused from attending a meeting because of
24 illness or death of a family member or for a similar emergency.
25 (l) Vacancies.--Vacancies in the membership of the board
26 shall be filled for the balance of an unexpired term in the same
27 manner as the original appointment.
28 (m) Recommendations.--The board may make nonbinding
29 recommendations to the secretary on all matters related to the
30 provisions of this act.
20060H2559B3802 - 25 -
1 CHAPTER 6
2 MISCELLANEOUS PROVISIONS
3 Section 601. Effective date.
4 This act shall take effect in 60 days.
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