Pennsylvania Act 2024-47 — DOG LAW - OMNIBUS AMENDMENTS

Act text

Session of 2024

No. 2024-47

SB 82

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 transfer of dog licenses or tags and other licensing requirements, for kennels, for requirements for kennels, for revocation or refusal of kennel licenses, for health certificates for importation and for service dogs and dogs used by municipal or State Police departments; 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:

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"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).

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"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 calendar year.

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

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"Service dog kennel." A kennel that:

(1) Is accredited by an organization that:

(i) is an international coalition of nonprofit 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 trusts, etc.), that place 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).

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Section 2. Section 205 of the act is amended to read:

Section 205. Transfer of dog licenses or tags; other licensing requirements.

(a) Transfer of dog license.--It is unlawful to transfer a dog license or dog license tag issued for one dog to another dog, except as otherwise provided in this act. The following apply:

(1) Whenever the ownership or possession of [any] a dog is permanently transferred from one person to another within the same county, the license of [such] the dog may be likewise transferred, upon application to an agent authorized under section 200(a)[. Such application] , including a county treasurer.

(2) An application under this section shall be accompanied by a bill of sale or an affidavit from the owner that ownership of the dog is to be transferred. The owner shall provide the owner's name, address, telephone number and other relevant contact information.

(3) A new dog license, or the transfer of a dog license already secured, is not required when the possession of a dog is temporarily transferred for the purpose of hunting game, or for breeding, boarding and training, trial or show, in this Commonwealth. The issuing agent shall charge and retain $1 for [such] the transfer application.

(b) Dog moved to another county.--Whenever [any] a dog licensed in one county is permanently moved to another county, an issuing agent of the county where the dog license was issued shall, upon the application of the owner or keeper of [such] the dog, certify [such] the dog license to an agent of the county to which the dog is moved. [Such] After payment of a fee of $1, the agent shall [thereupon, and upon the payment of a fee of $1 for the use of the agent,] issue a dog license and tag for [such] the dog in the county to which it is moved.

(c) Owners of unlicensed dogs.--[Any] A person other than as exempt in section 206, becoming the owner of [any] a dog three months old or older, which has not already been licensed shall [forthwith] apply for and secure a license for [such] the dog under the provisions of this act.

Section 3. 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.--

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

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(xix) Service Dog Kennel.

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

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Section 4. 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.

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(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:

(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 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.

(C) The dog is dewormed with a medication 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.

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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)] , 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] , 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:

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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 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).

(c) Boarding kennels.--[The]

(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 will remain in the boarding kennel for 30 days or less.

(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 5. Sections 217(a) and 902 of the act are amended to read:

Section 217. Service dogs and dogs used by municipal or State Police departments.

(a) Fee exemptions.--

(1) The provisions of this act relating to the payment of fees and other charges shall not apply to [any person who uses a service dog for aid or any municipal or State Police department or agency using a dog in the performance of the functions or duties of such department or agency. License tags for service dogs and dogs used by any municipal or State agency in the performance of the functions or duties of such department or agency shall be issued without charge.] :

(i) A person who uses a service dog for aid.

(ii) A municipal or State Police department or police agency using a dog in the performance of the functions or duties of the department or agency.

(iii) A dog used in the performance of services by a police department, fire department or sheriff's office or in the performance of rescue services or emergency medical services.

(2) A license tag for a dog described under paragraph (1) shall be issued without charge.

(3) For purposes of paragraph (1)(iii), a letter on official letterhead from the respective police chief, fire chief, sheriff or director or authorized agent of the department, agency or office providing the services shall accompany the application under section 201.

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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 of the standards for a valid rabies vaccination certificate approved for adoption to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin.

(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 6. This act shall take effect in 60 days.

APPROVED--The 8th day of July, A.D. 2024.

JOSH SHAPIRO