Trial Engrossment of Amendment A04989 to House Bill 2413 P.N. 3311, Regular Session 2023-2024

A04989

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2413

Session of

2024

INTRODUCED BY BRIGGS, JUNE 12, 2024

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 12, 2024

AN ACT

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

"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," in short title and definitions, further providing

for definitions; in licenses, tags and kennels, further

providing for kennels, for requirements for kennels, for

revocation or refusal of kennel licenses and for health

certificates for importation; and, in enforcement and

penalties, further providing for rules and regulations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "certificate of vaccination"

and "commercial kennel" in section 102 of the act of December 7,

1982 (P.L.784, No.225), known as the Dog Law, added October 23,

2023 (P.L.114, No.18), are amended and the section is amended by

adding definitions to read:

Section 102. Definitions.

The following words and phrases when used in this act shall

have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Accredited veterinarian." A veterinarian approved by the

Animal and Plant Health Inspection Service within the United

States Department of Agriculture in accordance with 9 CFR Pt.

161 (relating to requirements and standards for accredited

veterinarians and suspension or revocation of such

accreditation).

* * *

"Certificate of vaccination." A certificate verifying

vaccination against rabies, containing information consistent

with the [current] 2016 version of the National Association of

State Public Health Veterinarians Rabies Compendium[.],

published by the National Association of State Public Health

Veterinarians Compendium of Animal Rabies Prevention and Control

Committee, or any successor version approved by the secretary

under section 902(b).

["Commercial kennel." A kennel that breeds or whelps dogs

and:

(1) sells or transfers any dog to a dealer or pet shop

kennel; or

(2) sells or transfers more than 60 dogs per calendar

year.]

"Commercial kennel."

(1) A kennel that breeds or whelps dogs and:

(i) sells or transfers any dog to a dealer or pet

shop-kennel; or

(ii) sells or transfers more than 60 dogs per

A04989 - 2 -

calendar year.

(2) The term does not include a service dog kennel.

* * *

"Service dog kennel." A kennel that:

(1) Is accredited by an organization that:

(i) is an international coalition of nonprofit

programs that train assistance dogs; member programs that

includes organizations in this Commonwealth that train

service dogs;

(ii) has a chapter in North America; and

(iii) accredits nonprofit organizations, as defined

under 26 U.S.C. § 501(c)(3) (relating to exemption from

tax on corporations, certain trust, etc.), that place

assistance service dogs.

(2) Exclusively breeds, trains and places service dogs

to support people with disabilities.

(3) Is a nonprofit organization as defined under 26

U.S.C. § 501(c)(3).

* * *

Section 2. Section 206(a)(5) of the act is amended by adding

a subparagraph to read:

Section 206. Kennels.

(a) Applications, kennel license classifications and fees.--

* * *

(5) The kennel classes and license fees shall be as

follows:

* * *

(xix) Service Dog Kennel.

To keep or operate a service dog kennel - $35 per

year.

A04989 - 3 -

* * *

Section 3. Sections 207(f.1), 211(a) introductory paragraph

and 214 of the act, amended or added October 23, 2023 (P.L.114,

No.18), are amended to read:

Section 207. Requirements for kennels.

* * *

(f.1) [Isolation plan for imported dogs.--All kennels shall

have and implement a plan for the isolation of dogs imported

from another state or country to minimize the possibility of

transmission of disease.] Imported dogs.--The following shall

apply to a kennel that imports dogs from another state or

country:

(1) The kennel shall have a plan of veterinary care and

implement the plan for a dog imported from another state or

country to minimize the possibility of transmission of

disease. The plan shall be approved and signed by a licensed

doctor of veterinary medicine and must include protocols for

diagnosis, testing, treatment, quarantine, prevention and

disinfection for contagious, infectious, communicable and

zoonotic diseases. The plan shall be maintained as a record

under subsection (c) and made available for review by dog

wardens and employees of the department.

(2) Except as provided in paragraph (3), a dog imported

from another state or country shall be quarantined for 14

days, and the dog may not be dispensed, moved, sold, given

away or transferred to a new owner during the 14-day

quarantine period.

(3) A dog imported from another state or country shall

not be required to be quarantined under paragraph (2) if all

of the following apply:

A04989 - 4 -

(i) The requirements specified under section 214

have been met.

(ii) The dog is accompanied by a certification from

an accredited veterinarian or a veterinarian licensed by

the state of origin that the dog has met the requirements

specified under subparagraphs (iii) and (iv). The

certification shall be maintained as a record under

subsection (c).

(iii) No later earlier than 14 days before the

transport of the dog from another state or country, the

dog meets all of the following criteria:

(A) If the dog is older than six months of age,

the dog is serology tested and obtains a negative

result for heartworm.

(B) The dog is tested and obtains a negative

fecal result for intestinal parasites.

app roved by the United States Food and Drug

Administration to be effective against roundworms,

hookworms, wh ipworms and tapeworms.

(D) The dog is examined and certified to be free

of ectoparasites.

(iv) No more than 12 months nor less than 14 days

prior to transport of the dog from another state or

country, the dog is administered with all of the

following vaccinations:

(A) The Bordetella vaccination, either

intranasal or subcutaneous.

(B) The Distemper, Adeno, Parainfluenza and

Parvovirus (DAPP) vaccination.

A04989 - 5 -

* * *

Section 211. Revocation or refusal of kennel licenses.

(a) General powers of secretary.--The secretary shall revoke

a kennel license, dealer license or out-of-state dealer license

if a licensee is convicted of a violation of 18 Pa.C.S. § 3129

(relating to sexual intercourse with animal) or Ch. 55 Subch. B

(relating to cruelty to animals) that causes bodily injury to

the animal or places the animal at imminent risk of serious

bodily injury or of substantially similar conduct pursuant to a

cruelty law of another state. The secretary shall not issue a

kennel license, dealer license or out-of-state dealer license to

a person that has been convicted of a violation of 18 Pa.C.S. §

3129 or Ch. 55 Subch. B that causes bodily injury to the animal

or places the animal at imminent risk of serious bodily injury

within the last ten years. The secretary may revoke or refuse to

issue a kennel license, dealer license or out-of-state dealer

license for any one or more of the following reasons:

(1) the person holding or applying for a license has

made a material misstatement or misrepresentation in the

license application;

(2) the person holding or applying for a license has

made a material misstatement or misrepresentation to the

department or its personnel regarding a matter relevant to

the license;

(3) the person holding or applying for a license has

failed to comply with this act;

(4) the person holding or applying for a license has

failed to comply with any regulation promulgated under this

act;

(5) the person holding or applying for a license has

A04989 - 6 -

been convicted of any law relating to cruelty to animals and

the conviction is more than ten years old, if there is

evidence the person has not been rehabilitated and granting a

license would jeopardize the health, safety and welfare of

the dogs;

(6) the person holding or applying for a license has

been convicted of a felony;

(7) the person holding or applying for a license has:

(i) within the last ten years, been found to have

violated section 9.3 of the act of December 17, 1968

(P.L.1224, No.387), known as the "Unfair Trade Practices

and Consumer Protection Law," or been required to cease

and desist from operating a kennel or owning, selling or

caring for dogs, or both; or

(ii) within the last ten years, entered into an

agreement with the Office of Attorney General which

requires the person to cease and desist from operating a

kennel or owning, selling or caring for dogs, or both;

(8) the location of the kennel for which the license is

sought is subject to a final, binding order, which is not

subject to a pending legal challenge, declaring the kennel is

not a permitted use under the applicable zoning ordinance;

(9) the person holding or applying for a license has

acted or is acting in concert with a person who has violated

the act of December 15, 1986 (P.L.1610, No.181), known as the

"Rabies Prevention and Control in Domestic Animals and

Wildlife Act";

(10) the person holding or applying has had a kennel

license, dealer license or out-of-state dealer license

refused or revoked within the past ten years;

A04989 - 7 -

(11) the person holding or applying for a license has a

person who does or will play a role in the ownership of the

kennel or caring for the dogs, and such other person would be

refused a license if that person had been the applicant. A

role shall include ownership of a financial interest in the

kennel operation, caring for the dogs or participation in the

management of the kennel; or

(12) the person holding or applying for a license has violated

section 214.

* * *

Section 211. Revocation or refusal of kennel licenses.

(a) General powers of secretary.--The secretary shall revoke

a kennel license, dealer license or out-of-state dealer license

if a licensee is convicted of a violation of 18 Pa.C.S. [§ 3129

(relating to sexual intercourse with animal) or Ch. 55 Subch. B

(relating to cruelty to animals)] § 3129 (relating to sexual

intercourse with animal), 5532 (relating to neglect of animal)

if graded as a misdemeanor or higher, 5533 (relating to cruelty

to animal) if graded as a misdemeanor or higher, 5534 (relating

to aggravated cruelty to animal), 5535 (relating to attack of

service, guide or support dog), 5542 (relating to animal

mutilation and related offenses) if graded as a misdemeanor or

higher, 5543 (relating to animal fighting), 5544 (relating to

possession of animal fighting paraphernalia), 5548 (relating to

police animals) or 5549 (relating to assault with a biological

agent on animal, fowl or honey bees) or of substantially similar

conduct pursuant to a cruelty law of another state. The

secretary shall not issue a kennel license, dealer license or

out-of-state dealer license to a person that has been convicted

of a violation of 18 Pa.C.S. [§ 3129 or Ch. 55 Subch. B] § 3129,

A04989 - 8 -

5532 if graded as a misdemeanor or higher, 5533 if graded as a

misdemeanor or higher, 5534, 5535, 5542 if graded as a

misdemeanor or higher, 5543, 5544, 5548 or 5549 within the last

ten years. The secretary may revoke or refuse to issue a kennel

license, dealer license or out-of-state dealer license for any

one or more of the following reasons:

* * *

Section 214. Health certificates for importation.

(a) Requirements.--It shall be a violation of this act to

transport any dog into this Commonwealth except under the

provisions in subsection (c)(2) and section 212 without an

interstate certificate of veterinary inspection, which

certificate, or copy of such, shall accompany the dog while in

this Commonwealth. The certificate shall state that the dog is

at least eight weeks of age and shows no signs or [symptoms]

clinical evidence suggestive of infectious or communicable

disease; did not originate within an area under quarantine for

rabies; and, as ascertained by reasonable investigation, has not

been exposed to rabies within 100 days of importation.

(b) Vaccinations.--

(1) All dogs transported into this Commonwealth must

have been vaccinated for rabies in accordance with the act of

December 15, 1986 (P.L.1610, No.181), known as the "Rabies

Prevention and Control in Domestic Animals and Wildlife Act."

The name of the vaccine manufacturer, the date of

administration, and the rabies tag number must appear on a

certificate of vaccination and an interstate certificate of

veterinary inspection.

(2) All dogs transported into this Commonwealth and

placed in a kennel, except for a boarding kennel, shall have

A04989 - 9 -

had an initial dose of Distemper, Adeno, Parainfluenza,

Parvovirus (DAPP) vaccine as certified by a licensed doctor

of veterinary medicine. A dog subject to this paragraph shall

[be isolated in accordance with an isolation plan under

section 207(f.1) and shall not be dispensed, moved, sold,

offered for sale, given away or transferred for a period of

14 days.] meet the requirements under section 207(f.1).

(1) Except as provided under paragraph (2), the owner or

operator of a boarding kennel shall require the owner of each

out-of-state dog for which the boarding kennel is taking

control to provide a certificate of vaccination and an

interstate certificate of veterinary inspection at the time

the dog enters the boarding kennel. The certificate of

vaccination and the interstate certificate of veterinary

inspection shall be kept on file at the boarding kennel for

seven days following the dog's departure from the boarding

kennel.

(2) An interstate certificate of veterinary inspection

shall not be required under paragraph (1) if all of the

following conditions are met:

(i) The dog is owned by a resident of a state which

directly borders Pennsylvania.

(ii) The dog is temporarily housed in a boarding

kennel for less than 30 consecutive days.

(iii) The dog is privately owned, and the owner is

able to provide proof of ownership.

(iv) Ownership of the dog does not transfer to

another person after the dog enters the boarding kennel.

(v) The dog will return to the owner after the end

A04989 - 10 -

of the boarding period.

(i) The dog has been boarded at the kennel within

the previous 60 days.

(ii) The dog is privately owned.

(iii) Ownership of the dog does not transfer to

another person after the dog enters the boarding kennel.

Section 4. Section 902 of the act is amended to read:

Section 902. Rules and regulations.

(a) Rules and regulations.--The secretary, after due notice

and a public hearing, may promulgate rules and regulations to

carry out the provisions and intent of this act.

(b) Adoption by reference.--

(1) The secretary shall review the 2016 version of the

Compendium of Animal Rabies Prevention and Control, published

by the National Association of State Public Health

Veterinarians Compendium of Animal Rabies Prevention and

Control Committee and transmit notice to the Legislative

Reference Bureau for publication in the next available issue

of the Pennsylvania Bulletin of the standards for a valid

rabies vaccination certificate approved for adoption.

(2) The secretary shall review any subsequent changes to

the Compendium of Animal Rabies Prevention and Control and

shall transmit notice of adoption of the standards for a

valid rabies vaccination certificate to the Legislative

Reference Bureau for publication in the next available issue

of the Pennsylvania Bulletin.

Section 5. This act shall take effect immediately.

A04989 - 11 -