S2517

An Act concerning the sterilization of cats and dogs, supplementing Title 4 of the Revised Statutes and amending P.L.1983, c.172.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) Any female cat or dog being spayed or otherwise being sterilized so that it may no longer produce offspring, shall be tattooed, in accordance with proper veterinary practices, at the time of the spaying or other sterilization, on its lower abdomen with an “S” of sufficient size to identify that female cat or dog as a sterilized animal.

2. (New section) a. Notwithstanding any law, or any rule or regulation adopted pursuant thereto, to the contrary, no shelter or pound in the State shall release a cat or dog for adoption or reclamation unless:

(1) the cat or dog has been previously sterilized so that it may no longer produce offspring, and, if a female, the cat or dog is tattooed with an “S” as provided for pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill);

(2) the person adopting or reclaiming the cat or dog has paid a refundable deposit to the shelter or pound, pursuant to subsection c. of this section; or

(3) the person reclaiming the cat or dog is the owner of the cat or dog and has submitted an exemption application to the shelter or pound pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. No provision of this section shall be construed to require a shelter or a pound to sterilize a cat or a dog unless the cat or dog is being adopted, reclaimed, or otherwise released from the custody of the shelter or pound.

c. The shelter or pound shall collect a refundable deposit of not less than $150 nor more than $250 from any person adopting or reclaiming a cat or dog that has not been sterilized prior to the person removing the cat or dog from the premises of the shelter or pound. Except as otherwise provided pursuant to subsection d. of this section, the shelter or pound shall refund the deposit to the person adopting or reclaiming the cat or dog when that person provides:

(1) proof that a licensed veterinarian has sterilized the cat or dog within 30 days of adoption or reclamation; and

(2) if the cat or dog is female, proof, in the form required by the shelter or pound, that the tattoo required pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) has been placed on the female cat or dog.

Such proof shall be in the form of a certification, letter or other documentation provided by the treating veterinarian. In the case of a female cat or dog, the shelter or pound shall withhold refund of the refundable deposit until the forms of documentation required under paragraph (1), and where applicable paragraph (2), of this subsection have been provided.

d. If the cat or dog has not been previously sterilized and the cat or dog cannot be sterilized within 30 days due to the medical condition of the cat or dog, the person adopting or reclaiming the cat or dog shall provide written documentation from a licensed veterinarian setting forth:

(1) the medical reasons that preclude sterilization;

(2) whether later sterilization is medically possible; and

(3) if later sterilization is medically possible, setting a date by which the cat or dog may be properly sterilized.

If later sterilization is not medically possible, the shelter or pound shall refund the deposit required pursuant to subsection c. of this section upon the receipt of the written documentation from a licensed veterinarian required pursuant to this subsection. If later sterilization is medically possible, the shelter or pound shall refund the deposit upon the receipt of written documentation from the licensed veterinarian that the cat or dog has been sterilized. If the date by which the cat or dog may be properly sterilized, as set forth in the documentation provided by the licensed veterinarian required pursuant to this subsection, is later than 60 days after the date on which the person adopting or reclaiming the cat or dog adopts or reclaims the cat or dog, the shelter or pound shall extend the deadline for refund of the refundable deposit to the seventh business day after the date on which the cat or dog may be properly sterilized.

e. The shelter or pound shall notify the person adopting or reclaiming a cat or dog of the procedures, requirements, and deadlines established pursuant to this section at the time of adoption or reclamation.

f. If a shelter or pound releases a cat or dog to an animal rescue or other animal care organization or facility for the continued care of the cat or dog for an indefinite period of time, and the animal rescue or other animal care organization or facility may subsequently offer the cat or dog for adoption, the shelter or pound shall negotiate the terms of release with the animal rescue or other animal care organization or facility, establishing an arrangement to ensure that the cat or dog shall be sterilized before it is released by the animal rescue or other animal care organization or facility to the person adopting the cat or dog. If the animal cannot be sterilized for medical reasons as provided for pursuant to subsection d. of this section, a refundable deposit of not less than $50 shall be held by the animal rescue or other animal care organization or facility in lieu of establishing or complying with the arrangement required pursuant to this subsection.

3. (New section) a. Any owner reclaiming a cat or dog from a shelter or pound who expressly does not wish the cat or dog to be sterilized shall, at the time of reclaiming the cat or dog, complete and submit an exemption application, provided by the shelter or pound, with one of the following:

(1) In the case of a dog, documentation or proof to the satisfaction of the shelter or pound that the dog has a breed ring show record from the American Kennel Club, the United Kennel Club or other similar registry association, dated no more than one year prior to the date the dog entered the shelter or pound; proof that the dog has successfully completed the requirements of the American Kennel Club, the United Kennel Club, or other similar registry association, for the title champion or its equivalent, at any time prior to the arrival of the dog at the shelter or pound; or documentation or proof to the satisfaction of the shelter or pound that the dog is a guide dog, hearing dog, service dog, or police work dog; or

(2) In the case of a cat, documentation or proof to the satisfaction of the shelter or pound that the cat has a breed show record from the Cat Fancier Association or other similar registry association dated no more than one year prior to the date the cat entered the shelter or pound, or proof that the cat has successfully completed the requirements of the Cat Fancier Association or other similar registry association for the title champion, grand champion or its equivalent at any time prior to the arrival of the cat at the shelter or pound.

b. If the owner does not have the documentation or proof required under subsection a. of this section at the time of reclaiming the cat or dog, the owner shall pay a $250 refundable deposit, reclaim their cat or dog, and remove the cat or dog from the premises of the shelter or pound. The shelter or pound shall refund the $250 refundable deposit to the owner that paid the deposit upon the owner’s submittal of the required documentation or proof within seven business days after submitting the exemption application. If the owner does not submit the documentation or proof within the seven business days, the owner shall forfeit the deposit.

4. (New section) a. Any refundable deposit, collected by a shelter or pound which is established or operated by or on behalf of a municipality or county, or by a privately owned and operated shelter or pound which has been retained by a municipality or county to house cats and dogs found in that municipality or county for a cat or dog found in that municipality or county, after that refundable deposit has been left unclaimed for more than 60 days or beyond the date established due to a medical condition pursuant to subsection d. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be paid to the municipality or county that established or operates the shelter or pound, or retained by the privately owned and operated shelter or pound, or equally divided between the municipalities or counties that are served by the shelter or pound or that retain the privately owned and operated shelter or pound. Any moneys paid in this manner to a municipality or county shall be deposited and held by the comptroller of the municipality in a separate account for use exclusively for animal control responsibilities and activities of the municipality or county, including, but not limited to, operation of the shelter or pound, except that no moneys from unrefunded deposits may be used for the contract cost associated with retaining a shelter or pound.

b. Any refundable deposit, collected by a privately owned and operated shelter or pound which is not retained by a municipality or county, or collected by a privately owned and operated shelter for a cat or a dog found in a municipality or county other than a municipality or county that retains the privately owned and operated shelter or pound, after that refundable deposit has been left unclaimed for more than 60 days, or beyond the date established due to a medical condition pursuant to subsection d. of section 2 P.L. , c. (C. ) (pending before the Legislature as this bill), shall be retained by the privately owned and operated shelter or pound that collected the refundable deposit.

5. (New section) a. Shelters, pounds, and animal rescues shall notify all persons who are adopting a dog of their obligation under the law to license the dog and to vaccinate the dog for rabies. Shelters, pounds, and animal rescues shall notify all persons who are adopting a cat of their obligation to know the requirements for licensing and vaccinating the cat in the municipality in which the person shall reside with the cat, and to comply with those requirements where they exist.

b. Shelters and pounds shall keep records of the number of cats and dogs sterilized in compliance with P.L. , c. (C. ) (pending before the Legislature as this bill) and shall submit these records annually to the Department of Health and Senior Services.

6. Section 1 of P.L.1983, c.172 (C.4:19-15.3b) is amended to read as follows:

1. a. In addition to the fee charged pursuant to section 3 of P.L.1941, c.151 (C.4:19-15.3) and forwarded to the Department of Health pursuant to section 11 of P.L.1941, c.151 (C.4:19-15.11), any person applying for the license and registration tag pursuant to section 2 of P.L.1941, c.151 (C.4:19-15.2) shall pay a fee of [$3.00] $25.00 for any dog of reproductive age which has not had its reproductive capacity permanently altered through sterilization.

b. All fees collected pursuant to the provisions of this section and section 5 of [this amendatory and supplementary act] P.L.1983, c.172 (C.4:19A-4) shall be forwarded to the State Treasurer, for deposit in the "Animal Population Control Fund" created pursuant to section [7 of this act] 6 of P.L.1983, c.172 (C.4:19A-5) .

(cf: P.L.1983, c.172, s.1)

7. Section 3 of P.L.1983, c.172 (C.4:19A-2) is amended to read as follows:

3. a. In order to be eligible to participate in the program, an owner of a [dog or] cat or dog shall be eligible for, and participate in, at least one of the following:

[a.] (1) The Food Stamp Program authorized by Title XIII of the Food and Agriculture Act of 1977, Pub.L.95-113 (7 U.S.C. s.2011 et seq.);

[b.] (2) The Supplemental Security Income Program established pursuant to Title XVI of the Social Security Act, 42 U.S.C. s.1381 et seq.;

[c.] (3) The program for aid to families with dependent children, pursuant to P.L.1959, c.86 (C.44:10-1 et seq.);

[d.] (4) The program for general public assistance, pursuant to the provisions of the "General Public Assistance Law," P.L.1947, c.156 (C.44:8-107 et seq.);

[e.] (5) The program of medical assistance pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.);

[f.] (6) The program of "Pharmaceutical Assistance to the Aged and Disabled," established pursuant to P.L.1975, c.194 (C.30:4D-20 et seq.);

[g.] (7) The rental assistance program authorized pursuant to section 8 of the United States Housing Act of 1937 as added by the Housing and Community Development Act of 1974, Pub.L.93-383 (42 U.S.C. s. 1437(f));

[h.] (8) The "Lifeline Credit Program" established pursuant to P.L.1979, c.197 (C.48:2-29.15 et seq.); or

[i.] (9) The "Tenants' Lifeline Assistance Program" established pursuant to P.L.1981, c.210 (C.48:2-29.30 et seq.).

b. A resident of New Jersey who owns a [dog or] cat or dog shall also be eligible to participate in the program if the owner: (1) submits to a veterinarian participating in the program proof, in the form of a certificate of adoption, that the [dog or] cat or dog was adopted from a New Jersey licensed animal shelter, a New Jersey municipal, county, or regional pound, or a New Jersey holding and impoundment facility that contracts with New Jersey municipalities, or proof that the [dog or] cat or dog was adopted through a non-profit corporation operating an animal adoption referral service in New Jersey and whose holding facility is licensed in accordance with State and municipal law; or proof that the [dog or] cat or dog was adopted through a non-profit corporation operating an animal adoption referral service in New Jersey that does not operate a holding facility; and, in the case of a dog, proof that the dog is duly licensed pursuant to State and municipal law; and (2) pays a [$20] $30 fee, to be deposited in the fund. The Department of Health and Senior Services may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement [this amendatory act] P.L.1983, c.172 (C.4:19A-1 et seq.).

c. A shelter or pound may be eligible to participate in the Animal Population Control Program, established pursuant to P.L.1983, c.172 (C.4:19A-1 et seq.), if it submits to a veterinarian participating in the program proof that the cat or dog to be sterilized has been approved for adoption or reclamation by a person who would be eligible to participate in the program pursuant to this section, and the adoption or reclamation will be finalized after the sterilization procedure has been completed.

(cf: P.L.1991, c.405, s.1)

8. This act shall take effect immediately.

STATEMENT

This bill requires all cats and dogs released from shelters and pounds be sterilized with certain exceptions, and that any female cat or dog being spayed or otherwise sterilized be tattooed for identification of this procedure.

The bill requires any person adopting or reclaiming a cat or dog that has not been sterilized pay the shelter or pound a refundable deposit of not less than $150 nor more than $250. The bill provides that this deposit would be refunded when that person provides:

1) proof that a licensed veterinarian has sterilized the cat or dog within 30 days of adoption or reclamation, and

2) if the cat or dog is female, proof, in the form required by the shelter or pound, that the female cat or dog has been tattooed as required under the bill.

The person adopting or reclaiming the cat or dog may provide the required proof and request a refund of the deposit within 60 days after the date of adoption or reclamation, and removal of the cat or dog from the premises of the shelter or pound, but the bill also provides for extension of this time limit in certain circumstances as provided in the bill. If later sterilization is not medically possible, the shelter or pound is required to refund the deposit upon the receipt of the written documentation from a licensed veterinarian verifying that fact.

The bill also provides for a shelter or pound releasing a cat or dog to an animal rescue or other animal care organization or facility for the continued care of the cat or dog for an indefinite period of time without sterilizing the animal. The shelter or pound is directed to negotiate the terms of release with the animal rescue or other animal care organization or facility, establishing an arrangement to ensure that the cat or dog will be sterilized before it is released by the animal rescue or other animal care organization or facility to a person adopting the cat or dog. If the animal cannot be sterilized for medical reasons, the animal rescue or other animal care organization or facility would hold a refundable deposit of not less than $50 in lieu of establishing or complying with such an arrangement with the shelter or pound.

The bill requires the shelter or pound at the time of adoption or reclamation to notify the person adopting or reclaiming a cat or dog of the procedures, requirements, and deadlines established under this bill.

The bill further provides that an owner reclaiming a cat or dog from a shelter or pound who expressly does not wish the cat or dog to be sterilized submit, at the time of reclaiming the cat or dog, an exemption application, provided by the shelter or pound, with one of the forms of documentation provided for in the bill. If the owner does not have the documentation or proof required at the time of reclaiming the cat or dog, the bill requires the owner to pay a $250 refundable deposit, reclaim their cat or dog, and remove the cat or dog from the premises of the shelter or pound. The bill provides that this refundable deposit would be returned to the owner who paid the deposit when the owner submits the required documentation within seven business days after paying the deposit. If the owner does not submit the documentation within the seven business days, the bill specifies that the owner would lose the deposit.

The bill provides that any refundable deposit left unclaimed for more than 60 days or beyond the date established due to a medical condition would be disbursed as follows:

1) if collected by a shelter or pound which is established or operated by or on behalf of a municipality or county, or by a privately owned and operated shelter or pound which has been retained by a municipality or county to house cats and dogs found in that municipality or county for a cat or dog found in that municipality or county, the refundable deposit would be paid to the municipality or county that established or operates the shelter or pound, or retained the privately owned and operated shelter or pound, or equally divided between the municipalities or counties that are served by the shelter or pound or retained the privately owned and operated shelter or pound; or

2) if collected by a privately owned and operated shelter or pound which is not retained by a municipality or county, or collected by a privately owned and operated shelter for a cat or a dog found in a municipality or county other than a municipality or county that retains the privately owned and operated shelter or pound, the refundable deposit would be retained by the privately owned and operated shelter or pound.

The bill requires shelters, pounds, and animal rescues to notify all persons who are adopting a dog of their obligation under the law to license the dog and to vaccinate the dog for rabies; or, when a cat is involved, to learn the requirements for licensing and vaccinating cats in the municipality where the person will reside with the cat, and to comply with those requirements where they exist. The bill also requires shelters and pounds to keep records of the number of cats and dogs sterilized in compliance with the bill and to submit these records annually to the Department of Health and Senior Services.

Finally the bill increases the surcharge for licensing unsterilized dogs to $25 and establishes that a shelter or pound may be eligible to participate in the Animal Population Control Program, established pursuant to P.L.1983, c.172 (C.4:19A-1 et seq.), if it submits to a veterinarian participating in the program proof that the cat or dog to be sterilized has been approved for adoption or reclamation by a person who would be eligible to participate in the program, and the adoption or reclamation would be finalized after the sterilization procedure has been completed.