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PRINTER'S NO. 3311
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.
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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
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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;
(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 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.
* * *
Section 3. Sections 207(f.1), 211(a) and 214 of the act,
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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 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.
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(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 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.
* * *
Section 211. Revocation or refusal of kennel licenses.
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(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
been convicted of any law relating to cruelty to animals and
the conviction is more than ten years old, if there is
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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;
(11) the person holding or applying for a license has a
person who does or will play a role in the ownership of the
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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 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
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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 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.
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(v) The dog will return to the owner after the end
of the boarding period.
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.
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