PRINTER'S NO. 1083
No. 953 Session of 1989
INTRODUCED BY GREENLEAF, PECORA, SCANLON, LYNCH, MADIGAN, ROSS
AND REGOLI, MAY 22, 1989
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MAY 22, 1989
AN ACT
1 Providing for a program to be administered by the Department of
2 Agriculture relating to educating pet owners on the need for
3 pet sterilization; providing for refunds to be paid to pet
4 owners for pet sterilization; establishing the Pet Population
5 Control Fund; and providing penalties.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Pet
10 Population Control Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Department." The Department of Agriculture of the
16 Commonwealth.
17 "Fund." The Pet Population Control Fund.
18 "Pet." A dog or cat.
19 "Veterinary practice." The practice of veterinary medicine
1 by a person licensed under the act of December 27, 1974
2 (P.L.995, No.326), known as the Veterinary Medicine Practice
3 Act.
4 Section 3. Pet Population Control Program.
5 The department shall establish and implement the Pet
6 Population Control Program. The purpose of this program shall be
7 to reduce the population of unwanted and stray dogs and cats by
8 encouraging the owners of these pets to have them permanently
9 sexually sterilized, thereby reducing potential threats to
10 public health and safety posed by the growing population of
11 these unwanted and stray animals, and by providing financial
12 assistance for pet sterilization to owners of dogs and cats. The
13 department shall develop a Statewide program to educate all pet
14 owners of the need for spaying and neutering pets.
15 Section 4. State assistance for spaying and neutering.
16 The department shall provide a reimbursement program for
17 eligible pet owners for the spaying and neutering of pets. The
18 amount of the refund shall be established by the department and
19 shall be paid on a per-pet basis.
20 Section 5. Pet Population Control Fund.
21 (a) Establishment.--There is hereby established a special
22 fund in the State Treasury to be known as the Pet Population
23 Control Fund, to which shall be credited all surcharges
24 collected under this act.
25 (b) Surcharge.--A 1¢ per pound surcharge shall be imposed on
26 all dog and cat food for sale at wholesale for consumption in
27 this Commonwealth. This surcharge shall be paid by the purchaser
28 and shall be forwarded directly to the State Treasury for
29 deposit into the fund.
30 (c) Interest.--Any interest earned by moneys in the Pet
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1 Population Control Fund shall be made part of the fund.
2 (d) Requisitions.--The department shall requisition from the
3 fund all available amounts necessary to provide a reimbursement
4 program for the sterilization of pets in this Commonwealth.
5 Section 6. Pet sterilization.
6 (a) Rules and regulations.--The department shall promulgate
7 rules and regulations necessary to carry out the purposes of
8 this act, to include the percentage of a veterinarian's fee
9 which may be reimbursed based on available funds.
10 (b) Display.--The department shall require veterinary
11 practices, pet shops, public and private shelters, and kennels
12 to display the rules and regulations of the Pet Population
13 Control Program in a conspicuous location.
14 (c) Procedure.--Any person submitting a pet for sexual
15 sterilization under this act shall:
16 (1) Sign a consent form certifying that the person is
17 the owner of the pet, or is authorized by the owner to
18 present the pet for the procedure.
19 (2) Pay to the veterinary practice the fee for the
20 sterilization surgery.
21 (3) Submit an application form for reimbursement to the
22 department.
23 (d) Eligibility.--In order to be eligible to participate in
24 the program, the owner of the pet shall be a citizen of this
25 Commonwealth.
26 (e) Veterinarians.--A veterinarian licensed to practice in
27 this Commonwealth may participate in the program following
28 completion of any application procedures by the department.
29 Application shall include submission of a schedule of fees
30 charged for animal sterilization, which shall be updated
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1 annually. The department may disqualify, from participation in
2 the program, any veterinarian whose fees are deemed
3 unreasonable.
4 Section 7. Refunds.
5 (a) Reimbursement.--Upon submission to the department of a
6 properly completed application form for reimbursement, the
7 department shall reimburse qualifying pet owners a refund up to
8 a percentage of the actual amount paid for the surgical
9 procedure by the pet owner, as provided by regulation.
10 (b) Application form.--The application form for
11 reimbursement shall include, but not be limited to, the
12 following:
13 (1) The name and address of the pet owner.
14 (2) The name and address of the veterinarian who
15 performed the surgery.
16 (3) A description of the pet as to species, breed, size
17 and sex.
18 (4) A brief description of the procedure performed.
19 (5) An affidavit by the veterinary practice that the
20 sterilization has been completed and of the amount paid for
21 the surgical procedure and by whom.
22 (6) Certification by the pet owner of the actual amount
23 paid by the owner for the surgical procedure.
24 (7) The name of any other organization providing direct
25 financial assistance, in whole or in part, for the cost of
26 the surgical procedure and the amount provided.
27 (c) Application for reimbursement.--Application for the
28 refund must be made no later than six months from the date of
29 the surgery.
30 Section 8. Offense.
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1 (a) Offenses defined.--A person commits a misdemeanor of the
2 second degree if he knowingly:
3 (1) Submits false or fraudulent proof of eligibility.
4 (2) Furnishes any veterinary practice with inaccurate
5 information concerning the ownership of a pet submitted for a
6 pet sterilization procedure.
7 (3) Furnishes the department with false information
8 concerning the actual amount paid for the surgical procedure
9 by the pet owner or submits a fraudulent application for
10 reimbursement under this act.
11 (b) Violation of Veterinary Medicine Practice Act.--
12 Providing false information under this section shall be a
13 violation of the act of December 27, 1974 (P.L.995, No.326),
14 known as the Veterinary Medicine Practice Act.
15 (c) Future participation.--A veterinarian who fails to
16 comply with this act or with the rules and regulations of the
17 department shall not be eligible for further participation in
18 the program.
19 (d) Reports by department.--The department shall report all
20 violations of this act to:
21 (1) Appropriate law enforcement authorities.
22 (2) The State Board of Veterinary Medical Examiners.
23 Section 9. Effective date.
24 This act shall take effect in six months.
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