§ 459-200. Issuance of dog licenses; compensation; proof required; deposit of funds; records; l...
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 3 P.S. AgricultureEffective: January 22, 2024
Effective: January 22, 2024
3 P.S. § 459-200
§ 459-200. Issuance of dog licenses; compensation; proof required; deposit of funds; records; license sales; rules and regulations; failure to comply; unlawful acts; penalty
(3) The county treasurer may authorize other agents within the county to process dog license certificates and to issue dog license certificates and tags. At least half of the agents appointed in each county shall have hours of operation after 5 p.m. at least one weekday and shall be open at least one day of each weekend. Agents who have been appointed by their respective county treasurers under this paragraph shall meet bonding requirements as their respective county treasurers may require.
(4) The secretary shall have the authority, after a review of the agents appointed by a county treasurer, to appoint agents within each county to process dog license certificates and to issue dog license certificates and tags. Priority shall be given to licensed doctors of veterinary medicine and kennels licensed under this act. At least half of the agents appointed in each county shall have hours of operation after 5 p.m. at least one weekday and shall be open at least one day of each weekend. Agents appointed by the secretary under this paragraph shall be required to post a bond or other security instrument in a form satisfactory to the secretary in an amount he determines. The secretary may recall the appointment of any agent at any time.
(6) The secretary shall establish, operate and maintain, through a vendor or otherwise, a single Statewide dog licensing Internet website capable of selling dog licenses online in each county that has not implemented and made functional online dog licensing as of the effective date of this paragraph.1
(1) For services rendered in collecting and paying over dog license fees, agents, for as long as they continue to act in that capacity, may collect and retain a sum equal to the cost of a postage stamp plus $1, except as provided under paragraph (1.1), for each dog license sold, which amount shall be full compensation for services rendered by them under this act. The compensation shall be retained by the respective agents and shall cover, among other things, the cost of processing and issuing dog licenses, postage, mailing, returns and bonding of the agents.
(1.1) Beginning on the effective date of this paragraph,2 the compensation under paragraph (1) for each lifetime license sold shall be $3.
(b.1) Mailings.--Advertisements, promotions, requests for donations, solicitations and other materials may not add to the cost of postage to be paid by the department and may not be directly attached to a dog license application, dog license renewal notice or other dog law document. Dog license mailings, renewals and other notices related to State dog licenses shall not contain any extraneous advertising, promotions, requests for donations, solicitations or other materials unless the advertisement, promotion, request for donation, solicitations or other materials have met one of the following conditions:
(2) They each contain a disclaimer stating that, “The solicitation or request for a donation herein is not for a program sponsored by, funded by or endorsed by the Pennsylvania Department of Agriculture (the Department). The Department takes no responsibility for this program. Participation in this program is voluntary, is not a condition of receiving a dog license and does not change the cost of obtaining a dog license. Any donation will be deposited into an account separate from the account for dog license revenues.”
(d) Deposit of funds.--All dog license fees paid to an agent under this act, less compensation if collected, shall be paid by those agents into the State Treasury for deposit in the Dog Law Restricted Account at least once a month, and they shall be applied to the purposes provided for in this act. An agent shall make a return to the department upon a form to be supplied by the department.
(e) Records.--Each agent shall keep on a printed form supplied by the department a correct and complete record of all dog licenses issued, funds that are received and uncollected funds that have been subtracted from the money forwarded to the secretary. The records shall be available at reasonable hours for inspection by any employee of the department charged with the enforcement of this act or any representative of the Department of Auditor General or Office of Attorney General. Within five days following the first day of each month, each agent shall forward to the secretary and to the county treasurer of the county in which the agent is situated, on forms supplied by the department, a complete report of dog licenses issued, in correct numerical sequence. All money collected from the sale of dog licenses, less compensation if collected, and any other information required by the secretary shall be forwarded to the secretary with the report.
(e.1) Electronic records.--Within the later of 180 days of the effective date of this section or 60 days after the county treasurer has the capability to submit an electronic file of license holders, the county treasurer shall submit to the secretary an electronic data file of license holders. The county treasurer shall monthly update the data file and submit the updated file monthly to reflect all new applicants.
(f) License sales.--Each agent shall process applications and issue dog license certificates on a year-round basis. Nothing in this act shall permit an agent while acting in that capacity to suspend license sales during any time. If checks are returned for delinquent funds or the proper dog license fee is not collected for any reason and if these funds have been subtracted from the money forwarded to the secretary, the agent shall report the delinquency to the department on a form supplied by the department.
(h) Failure to comply.--An agent who fails to comply with this act or regulations adopted under this act relating to the issuance, recording of data or remitting of costs for dog licenses issued shall not be entitled to retain the sum under subsection (b) for his services but shall pay the sum to the State Treasury for deposit into the Dog Law Restricted Account. Delinquent agents are subject to a penalty of 10% per month on any outstanding balance of dog license money due the department, which penalty shall be compounded on a monthly basis. Any money not paid may be recovered by the Commonwealth by suit in the same manner as like amounts are recoverable by law. Delinquent agents shall be recalled after a delinquency period of 60 days.
(j) Penalty.--Any agent who violates this section or the rules or regulations promulgated under it commits a summary offense and, upon conviction, shall be sentenced to pay a fine of not less than $300 nor more than $500 and, in addition, may have his agency recalled at the discretion of the secretary. Each day of violation or each illegal act constitutes a separate offense.
Credits
1982, Dec. 7, P.L. 784, No. 225, art. II, § 200, added 1996, Dec. 11, P.L. 943, No. 151, § 2, imd. effective. Amended 2008, Oct. 9, P.L. 1450, No. 119, § 2, effective in 60 days [Dec. 8, 2008]; 2023, Oct. 23, P.L. 114, No. 18, § 2, effective in 90 days [Jan. 22, 2024].
Footnotes
Subsec. (a)(6) added by 2023, Oct. 23, P.L. 114, No. 18, § 2, effective in 90 days [Jan. 22, 2024].
Subsec. (b)(1.1) added by 2023, Oct. 23, P.L. 114, No. 18, § 2, effective in 90 days [Jan. 22, 2024].
3 P.S. § 459-200, PA ST 3 P.S. § 459-200
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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