THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BROWNE, FONTANA, RAFFERTY, BREWSTER AND ALLOWAY, FEBRUARY 18, 2011

REFERRED TO AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 18, 2011  

AN ACT

Amending the act of December 7, 1982 (P.L.784, No.225),

entitled, as amended, "An act relating to dogs, regulating

the keeping of dogs; providing for the licensing of dogs and

kennels; providing for the protection of dogs and the

detention and destruction of dogs in certain cases;

regulating the sale and transportation of dogs; declaring

dogs to be personal property and the subject of theft;

providing for the abandonment of animals; providing for the

assessment of damages done to animals; providing for payment

of damages by the Commonwealth in certain cases and the

liability of the owner or keeper of dogs for such damages;

imposing powers and duties on certain State and local

officers and employees; providing penalties; and creating a

Dog Law Restricted Account," further providing for spaying or

neutering as condition for release of certain animals; and

repealing certain provisions relating to sterilization of

dogs and cats.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 902-A of the act of December 7, 1982

(P.L.784, No.225), known as the Dog Law, added December 11, 1996

(P.L.943, No.151), is amended to read:

Section 902-A.  Spaying or neutering as condition for release of

certain animals.

No dog or cat may be adopted by a new owner from a releasing

agency unless the animal has been sterilized by a licensed

doctor of veterinary medicine [or unless the new owner signs an

agreement to have the animal sterilized by or under the

supervision of a licensed doctor of veterinary medicine and

deposits funds with the releasing agency to ensure that the

adopted animal will be sterilized. The amount of the deposit

required shall be determined by each releasing agency. In no

event shall the required deposit be less than $30 for a dog or

$20 for a cat] of the releasing agency.

Section 2.  Sections 903-A, 904-A, 905-A, 906-A, 907-A, 908-

A, 909-A, 910-A and 911-A of the act, added December 11, 1996

(P.L.943, No.151), are repealed:

[Section 903-A.  Refund of deposit upon proof of sterilization.

The funds deposited with the releasing agency shall be

refunded to the new owner upon the presentation of a written

statement signed by a licensed doctor of veterinary medicine

that the subject animal has been sterilized. However, no refunds

shall be made unless the animal was sterilized within 60 days of

acquisition in the case of a mature animal or, in the case of an

immature animal, within 30 days of the date the animal attained

the age of six months.

Section 904-A.  Rules and sterilization agreement.

Releasing agencies may establish any additional rules to

implement this article, provided that such rules are not in

conflict with the provisions or purpose of this article to

require the sterilization of all dogs and cats adopted from

releasing agencies. The sterilization agreement to be used by

releasing agencies shall be in substantially the following form:

STERILIZATION AGREEMENT

This agreement is made and entered into this    day of

            , 19  , by and between:

(Releasing Agency)                    (New Owner)

Name                                  Name

Address                               Address

City     Telephone                    City     Telephone

In consideration of the adoption of this animal and in

further consideration of mutual obligations herein, the

releasing agency authorizes the adoption of the following animal

to the new owner:

(describe animal)

1.  The releasing agency agrees to release the above-listed

animal into the care of the new owner and refund the new owner's

sterilization deposit provided that:

(1)  The animal is sterilized by a licensed doctor of

veterinary medicine by        (give date).

(2)  A written statement signed by the licensed doctor of

veterinary medicine performing the sterilization that the animal

has been sterilized by the stated date is given to the releasing

agency.

2.  The new owner accepts the above-listed animal and agrees:

(1)  To have the animal sterilized by a licensed doctor of

veterinary medicine by         (give date).

(2)  To provide written evidence to the releasing agency from

the licensed doctor of veterinary medicine performing the

sterilization that the animal has been sterilized by the above

date listed. This agreement shall be binding upon the assigns,

heirs, executors and administrators of the respective parties.

The parties hereto have hereunto set their hands the day and

year first above written.

Amount of deposit

WRITTEN STATEMENT OF LICENSED DOCTOR OF

VETERINARY MEDICINE

I hereby certify that the above-described

animal has been sterilized on

(give date).

Section 905-A.  Extension of time to sterilize.

Upon presentation of a written report from a licensed doctor

of veterinary medicine stating that the life or health of an

adopted animal may be jeopardized by sterilization, the

releasing agency shall grant a 30-day extension of the period

within which sterilization would otherwise be required. Further

extensions shall be granted upon additional veterinary reports

stating their necessity.

Section 906-A.  Exemption from sterilization; refund of

deposited funds.

Upon presentation of a written report from a licensed doctor

of veterinary medicine stating that the adopted animal has

already been sterilized or can never be sterilized due to old

age or a health condition that would likely result in the death

of the animal, the sterilization deposit shall be refunded.

Section 907-A.  Death of adopted animal.

Upon request, the releasing agency shall refund deposited

funds to the new owner upon reasonable proof being presented to

the releasing agency by the new owner that the adopted animal

died before the expiration of the period during which the

sterilization was required to be completed.

Section 908-A.  Forfeiture of deposited funds and adopted dog or

cat.

Failure of a new owner to comply with provisions of this

article shall result in the forfeiture of the deposited funds to

the releasing agency. The releasing agency may reclaim the dog

or cat from the new owner.

Section 909-A.  Disposition of forfeited funds; record of

accounts.

Funds which have been forfeited by new owners shall be placed

in an interest-bearing account belonging to the releasing

agency. The releasing agency may allocate the unused funds from

such account to programs which directly promote, subsidize or

otherwise reduce the cost of sterilization of animals of the

releasing agency. Funds may also be used to provide for the

health and welfare of animals being cared for by the releasing

agency. The releasing agency shall maintain an accurate

accounting of these forfeited funds.

Section 910-A.  Construction of article.

The provisions of this article shall not be construed to

require the sterilization of dogs and cats which are being held

in releasing agencies which might be claimed by their rightful

owners. Further, this article shall not be construed to

interfere with municipal ordinances or the policies and programs

of releasing agencies that meet or exceed the sterilization

requirements set forth in this article.

Section 911-A.  Penalty.

Failure to comply with the provisions of this article

relating to the sterilization of animals constitutes a summary

offense.]

Section 3.  This act shall take effect in 60 days.