S2846

An Act concerning cats and dogs, supplementing Title 4 of the Revised Statutes, and amending P.L.1941, c.151.

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

1. (New section) a. No person may import into the State in any calendar year 10 or more cats or dogs in total for sale or adoption unless the person is registered as an animal importer with the Department of Health and complies with the provisions of this section.

b. (1) Each registered animal importer shall provide to the Department of Health:

(a) the name, mailing address, business address, telephone number, electronic mail address, and Internet website of the animal importer; and

(b) if the animal importer’s business address is located outside of the State, the name, mailing address, business address, telephone number, and electronic mail address, and Internet website of the animal importer’s in-State representative for service of process.

(2) Each registered animal importer shall report:

(a) the number of cats and the number of dogs, respectively, brought into the State by the animal importer in the calendar year preceding the effective date of this act, and the number thereof annually each year thereafter; and

(b) the name, address, and state or country of origin of the source of each cat or dog brought into the State by the animal importer.

(3) Each animal importer shall:

(a) protect the health, safety, and welfare of every cat and dog in the animal importer’s possession;

(b) provide every cat and dog with appropriate shelter and sufficient food and water that is easily available to the animal; and

(c ) comply with the rules and regulations adopted pursuant to subsection c. of this section.

c. Within 180 days after the effective date of this act, the Commissioner of Health shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations:

(1) establishing a standard of care and requirements for the health, safety, and humane treatment of cats and dogs for animal importers; and

(2) implementing and enforcing the provisions of subsection b. of this section.

d. The commissioner may impose and collect an annual registration fee of up to $25 for each animal importer registration. Each registration shall expire on December 31 next following the date of the first registration. Thereafter, each registration shall be renewed annually on January 1, provided that the commissioner determines the animal importer is in continued compliance with the requirements for the health, safety, and humane treatment of cats and dogs by animal importers established pursuant to subsection c. of this section. No employee, volunteer, or other person assisting a registered animal importer shall be required to register with the department, provided that the employee, volunteer, or other person is not an animal importer.

e. The Department of Health may inspect any animal importer’s records or place of business, or the condition or health of any cat or dog in the animal importer’s possession, upon request, provided the department does not enter the animal importer’s residence without authorization.

2. (New section) a. Any person who violates subsection a. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), or any rule or regulation adopted pursuant thereto, shall be subject to a civil penalty of up to $1,000. Any person who violates the provisions of subsection b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), or any rule or regulation adopted pursuant thereto, shall be subject to a civil penalty of up to $2,500.

b. The penalties established pursuant to subsection a. of this section may be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and municipal courts shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" pursuant to this section.

c. For second or subsequent violations of subsection a. or b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), at the discretion of the court, the person may also be suspended or permanently prohibited from operating as an animal importer in the State.

3. Section 6 of P.L.1941, c.151 (C.4:19-15.6) is amended to read as follows:

6. Any person who shall bring or cause to be brought into this State any dog licensed in another State for the current year, and bearing a registration tag, and who shall keep the [same] dog or permit the [same] dog to be kept [within] in the State for a period of more than [ninety] 90 days shall immediately apply for a license and registration tag for each [such] dog [unless such dog be licensed under section eight of this act] except as otherwise provided for a licensed kennel, pet shop, shelter, or pound pursuant to subsection b. of section 8 of P.L.1941, c.151 (C.4:19-15.8).

Any person, other than an animal importer, who shall bring or cause to be brought into this State any unlicensed dog and who shall keep the [same] dog or permit the [same] dog to be kept [within] in the State for a period of more than [ten] 10 days shall immediately apply for a license and registration tag for each [such] dog [unless such dog be licensed under section eight of this act] except as otherwise provided for a licensed kennel, pet shop, shelter, or pound pursuant to subsection b. of section 8 of P.L.1941, c.151 (C.4:19-15.8). Any animal importer shall comply with the requirements established pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill.

(cf: P.L.1941, c.151, s.6)

4. Section 16 of P.L.1941, c.151 (C.4:19-15.16) is amended to read as follows:

16. a. The certified animal control officer appointed by the governing body of the municipality shall take into custody and impound any animal, to thereafter be euthanized or offered for adoption, as provided in this section:

(1) Any dog off the premises of the owner or of the person charged with the care of the dog, which is reasonably believed to be a stray dog;

(2) Any dog off the premises of the owner or the person charged with the care of the dog without a current registration tag [on its collar or elsewhere];

(3) Any female dog in season off the premises of the owner or the person charged with the care of the dog;

(4) Any dog or other animal which is suspected to be rabid; or

(5) Any dog or other animal off the premises of the owner or the person charged with [its] the animal’s care that is reported to, or observed by, a certified animal control officer to be ill, injured, or creating a threat to public health, safety, or welfare, or otherwise interfering with the enjoyment of property.

b. If an animal taken into custody and impounded pursuant to subsection a. of this section has a collar or harness with identification of the name and address of any person, or has a registration tag, or has a microchip with an identification number that can be traced to the owner or person charged with the care of the animal, or the owner or the person charged with the care of the animal is otherwise known, the certified animal control officer shall ascertain the name and address of the owner or the person charged with the care of the animal, and serve to the identified person as soon as practicable, a notice in writing that the animal has been seized and will be liable to be offered for adoption or euthanized if not claimed within seven days after the service of the notice.

c. A notice required pursuant to this section may be served: (1) by delivering it to the person on whom it is to be served, or by leaving it at the person's usual or last known place of residence or the address given on the collar, harness, or microchip identification; or (2) by mailing the notice to that person at the person's usual or last known place of residence, or to the address given on the collar, harness or microchip identification.

d. A shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified animal control officer pursuant to subsection a. of this section, or from any other individual, group, or organization, shall hold the animal for at least seven days before offering [it] the animal for adoption, or euthanizing, relocating, or sterilizing the animal, except if:

(1) the animal is surrendered voluntarily by [its] the animal’s owner to the shelter, pound, or kennel operating as a shelter or pound, in which case the provisions of subsection e. of this section shall apply; or

(2) the animal is suspected of being rabid, in which case the provisions of subsection j. of this section shall apply.

If the animal is surrendered voluntarily by the animal’s owner and the animal’s age, health, or behavior warrants euthanizing the animal before seven days have elapsed, the shelter, pound or kennel operating as a shelter or pound may euthanize the animal in a manner causing as little pain as possible and consistent with the provisions of R.S.4:22-19. An animal that is stray or has been surrendered by anyone other than the animal’s owner may only be euthanized before seven days have elapsed if a licensed veterinarian determines that the animal is in extreme pain and cannot recover from the illness or condition that is causing the pain.

e. If a shelter, pound or kennel operating as a shelter or pound is not required to hold an animal for at least seven days pursuant to paragraph (1) of subsection d. of this section, the shelter, pound, or kennel operating as a shelter or pound:

(1) shall offer the animal for adoption for at least seven days before euthanizing [it] the animal; or

(2) may transfer the animal to an animal rescue organization facility or a foster home prior to offering [it] the animal for adoption if such a transfer is determined to be in the best interest of the animal by the shelter, pound, or kennel operating as a shelter or pound.

f. Except as otherwise provided for under subsection e. of this section, no shelter, pound, or kennel operating as a shelter or pound receiving an animal from a certified animal control officer may transfer the animal to an animal rescue organization facility or a foster home until the shelter, pound, or kennel operating as a shelter or pound has held the animal for at least seven days.

g. If the owner or the person charged with the care of the animal seeks to claim [it] the animal within seven days, or after the seven days have elapsed but before the animal has been adopted or euthanized, the shelter, pound, or kennel operating as a shelter or pound:

(1) shall, in the case of a cat or dog, release [it] the cat or dog to the owner or person charged with [its] the animal’s care, provided the owner or person charged with the care of the animal provides proof of ownership, which may include a valid cat or dog license, registration, rabies inoculation certificate, or documentation from the owner's veterinarian that the cat or dog has received regular care from that veterinarian;

(2) may, in the case of a cat or dog, charge the cost of sterilizing the cat or dog, if the owner requests such sterilizing when claiming [it] the cat or dog; and

(3) may require the owner or person charged with the care of the animal to pay all the animal's expenses while in the care of the shelter, pound, or kennel operating as a shelter or pound, not to exceed $4 per day.

h. If the animal remains unclaimed, is not claimed due to the failure of the owner or other person to comply with the requirements of this section, or is not adopted after seven days after the date on which notice is served pursuant to subsection c. of this section or, if no notice can be served, not less than seven days after the date on which the animal was impounded, the impounded animal may be placed in a foster home, transferred to another shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility, or euthanized in a manner causing as little pain as possible and consistent with the provisions of R.S.4:22-19.

i. At the time of adoption, the right of ownership in the animal shall transfer to the new owner. No dog or other animal taken into custody, impounded, sent or otherwise brought to a shelter, pound, or kennel operating as a shelter or pound shall be sold or otherwise be made available for the purpose of experimentation. Any person who sells or otherwise makes available any such dog or other animal for the purpose of experimentation shall be guilty of a crime of the fourth degree.

j. Any animal seized under this section suspected of being rabid shall be immediately reported to the executive officer of the local board of health and to the Department of Health, and shall be quarantined, observed, and otherwise handled and dealt with as appropriate for an animal suspected of being rabid or as required by the Department of Health for the animals.

k. When a certified animal control officer takes into custody and impounds, or causes to be taken into custody and impounded, an animal, the certified animal control officer may place the animal in the custody of, or cause the animal to be placed in the custody of, only a licensed shelter, pound, or kennel operating as a shelter or pound. The certified animal control officer may not place the animal in the custody of, or cause the animal to be placed in the custody of, any animal rescue organization facility, foster home, or other unlicensed facility. However, the licensed shelter, pound, or kennel operating as a shelter or pound may place the animal in an animal rescue organization facility, foster home, or other unlicensed facility if necessary pursuant to subsection e. or h. of this section.

l. Notwithstanding the provisions of this section and sections 3 and 4 of P.L.2011, c.142 (C.4:19-15.30 and C.4:19-15.31) to the contrary, no cat or dog being transferred between shelters, pounds, or kennels operating as shelters or pounds, or being transferred to an animal rescue organization facility or placed in a foster home, shall be required to be sterilized prior to that transfer.

(cf: P.L.2012, c.17, s.7)

5. This act shall take effect immediately.

STATEMENT

This bill requires any person importing into the State in any calendar year 10 or more cats or dogs in total for sale or adoption to register as an animal importer with the Department of Health (DOH). The bill authorizes the DOH to charge an annual registration fee of up to $25. The bill requires each registered animal importer to provide the DOH with:

1) the name, mailing address, business address, telephone number, and electronic mail address, and Internet website of the animal importer;

2) if the animal importer’s business address is located outside of the State, the name, mailing address, business address, telephone number, and electronic mail address, and Internet website of the animal importer’s in-State representative for service of process;

3) the number of cats and the number of dogs, respectively, brought into the State by the animal importer in the calendar year preceding the effective date of the bill, and the number thereof annually each year thereafter; and

4) the name, address, and state or country of origin of the source of each cat or dog brought into the State by the animal importer.

The bill also requires each animal importer to:

1) protect the health, safety, and welfare of every cat and dog in the animal importer’s possession;

2) provide every cat and dog with appropriate shelter and sufficient food and water that is easily available to the animal; and

3) comply with the regulations adopted by the DOH to implement the bill’s requirements and provisions, including standards of care and requirements for the health, safety, and humane treatment of cats and dogs for animal importers.

The bill authorizes the DOH, provided the DOH does not enter the animal importer’s residence without authorization, to inspect any animal importer’s records, place of business, or the condition or health of any cat or dog in the animal importer’s possession, upon request. The bill establishes a civil penalty of up to $1,000 for any violation of subsection a. of section 1 of the bill, up to $2,500 for any violation of subsection b. of section 1, and for second or subsequent violations, at the discretion of the court, the violator may also be suspended or permanently prohibited from operating as an animal importer in the State.

Finally, the bill clarifies the handling of certain animals brought to a shelter, pound or kennel operating as a shelter or pound. The bill provides that, if the animal is surrendered voluntarily by its owner and the animal’s age, health, or behavior warrants euthanizing the animal before the required seven-day holding period has elapsed, the shelter, pound or kennel operating as a shelter or pound may euthanize the animal in a manner causing as little pain as possible and consistent with the applicable State law. However, if an animal is stray or has been surrendered by anyone other than its owner, the bill provides that the animal may only be euthanized before the seven-day holding period has elapsed if a licensed veterinarian determines that the animal is in extreme pain and cannot recover from the illness or condition that is causing the pain.