A202

An Act concerning animal cruelty and the care of cats and dogs, and supplementing and amending various parts of the statutory law.

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

1. (New section) In addition to any other penalties that may apply pursuant to Title 2C of the New Jersey Statutes or chapter 22 of Title 4 of the Revised Statutes, a court finding a person guilty of, or civilly liable for, an animal cruelty violation pursuant to chapter 22 of Title 4 of the Revised Statutes, or a violation of P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1), section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23, shall order the person permanently barred from operating as a breeder of any animal or being an employee or acting on behalf of any organization or business in a position that would bring the person in direct contact with any animal, including but not limited to, an animal rescue organization facility, animal breeder, kennel, pet shop, shelter, or pound.

2. (New section) a. The Department of Health shall establish a registry of cat breeders and dog breeders in the State. Any person who breeds cats or dogs in the State and offers the resulting kittens or puppies for sale, adoption, barter, exchange, or transfer shall register annually with the department as a breeder, and shall annually report to the department the number of cats or dogs sold, adopted, bartered, exchanged, or transferred in the preceding calendar year and to whom the cats or dogs were sold, released for adoption, bartered, exchanged, or transferred. The department may charge a reasonable fee for the annual registration required pursuant to this subsection.

b. The department shall develop and adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.):

(1) standards and requirements for the proper breeding of cats and dogs, and the proper care of the cats and dogs being bred and their offspring, consistent with providing necessary care as defined pursuant to R.S.4:22-15 and as applied to animal cruelty violations pursuant to R.S.4:22-17 and R.S.4:22-26; and

(2) rules and regulations governing the enforcement of those standards and requirements and the implementation of the registry.

c. Any cat or dog breeder in the State who violates the standards and requirements established pursuant to subsection b. of this section shall be guilty of and liable for, as applicable, violating paragraph (4) of subsection a. of R.S.4:22-17 and paragraph (4) of subsection a. of R.S.4:22-26, and shall be subject to the penalties prescribed by those sections of law.

3. (New section) Any owner or operator, or employee thereof, of a kennel, pet shop, shelter, or pound who violates the rules and regulations governing the sanitary conduct and operation of kennels, pet shops, shelters, and pounds adopted pursuant to section 14 of P.L.1941, c.151 (C.4:19-15.14) shall be guilty of, and liable for, as applicable, violating paragraph (4) of subsection a. of R.S.4:22-17 and paragraph (4) of subsection a. of R.S.4:22-26, and shall be subject to the penalties prescribed by those sections of law.

4. (New section) The Department of Health may use the list of animal cruelty violators not eligible to be certified animal control officers established pursuant to section 3 of P.L.1983, c.525 (C.4:19-15.16a) in enforcing the requirements and provisions of sections 1 through 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), section 8 of P.L.1941, c.151 (C.4:19-15.8), and section 6 of P.L.2011, c.142 (C.4:19:15.33).

5. Section 4 of P.L.2003, c.67 (C.2B:12-17.1) is amended to read as follows:

4. a. As required pursuant to section 3 of P.L.2003, c.67 (C.4:22-57), a municipal court adjudging guilt or liability for [a] an animal cruelty violation of any provision of chapter 22 of Title 4 of the Revised Statutes, or a violation of P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1), section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23, shall charge the prosecutor, officer of the New Jersey Society for the Prevention of Cruelty to Animals or the [district (county)] county society for the prevention of cruelty to animals, or other appropriate person, other than a certified animal control officer, with the responsibility to notify within 30 days the Commissioner of Health [and Senior Services], in writing, of the full name of the person found guilty of, or liable for, an applicable violation, and the violation for which or of which that person was found guilty or liable, and the person charged with the responsibility shall provide such notice.

b. As required pursuant to section 3 of P.L.2003, c.67 (C.4:22-57), a Superior Court adjudging guilt or liability for an animal cruelty violation of any provision of chapter 22 of Title 4 of the Revised Statutes, or a violation of P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1), section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23, shall charge the prosecutor, officer of the New Jersey Society for the Prevention of Cruelty to Animals or the county society for the prevention of cruelty to animals, or other appropriate person, other than a certified animal control officer, with the responsibility to notify within 30 days the Commissioner of Health, in writing, of the full name of the person found guilty of, or liable for, an applicable violation, and the violation for which or of which that person was found guilty or liable, and the person charged with the responsibility shall provide such notice.

(cf: P.L.2003, c.67, s.4)

6. Section 8 of P.L.1941, c.151 (C.4:19-15.8) is amended to read as follows:

8. a. Any person who keeps or operates or proposes to establish a kennel, a pet shop, a shelter or a pound shall apply to the clerk or other official designated to license dogs in the municipality where such establishment is located, for a license entitling [him] the applicant to keep or operate such establishment, except that no person convicted of, or found civilly liable for, an animal cruelty violation pursuant to chapter 22 of Title 4 of the Revised Statutes, or a violation of P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1), section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23, may operate or propose to establish a kennel, pet shop, shelter or pound pursuant to this subsection.

The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the local municipal and health authorities showing compliance with the local and State rules and regulations governing location of and sanitation at such establishments.

b. All licenses issued for a kennel, pet shop, shelter, or pound shall state the purpose for which the establishment is maintained, and all licenses shall expire on the last day of June of each year, and be subject to revocation by the municipality on recommendation of the Department of Health or the local board of health for failure to comply with the rules and regulations of the State department or local board governing the same, after the owner has been afforded a hearing by either the State department or local board, except as provided in subsection c. of this section.

Any person holding a license shall not be required to secure individual licenses for dogs owned by a licensee and kept at the establishments; the licenses shall not be transferable to another owner or different premises.

c. The license for a pet shop shall be subject to review by the municipality, upon recommendation by the Department of Health or the local health authority for failure by the pet shop to comply with the rules and regulations of the State department or local health authority governing pet shops or if the pet shop meets the criteria for recommended suspension or revocation provided under subsection c. or d. of section 5 of P.L.1999, c.336 (C.56:8-96), after the owner of the pet shop has been afforded a hearing pursuant to subsection e. of section 5 of P.L.1999, c.336 (C.56:8-96).

The municipality, based on the criteria for the recommendation of the local health authority provided under subsections c. and d. of section 5 of P.L.1999, c.336 (C.56:8-96), may suspend the license for 90 days or may revoke the license if it is determined at the hearing that the pet shop: (1) failed to maintain proper hygiene and exercise reasonable care in safeguarding the health of animals in its custody or (2) sold a substantial number of animals that the pet shop knew, or reasonably should have known, to be unfit for purchase.

d. The municipality may issue a license for a pet shop that permits the pet shop to sell pet supplies for all types of animals, including cats and dogs, and sell animals other than cats and dogs but restricts the pet shop from selling cats or dogs, or both.

e. Every pet shop licensed in the State shall submit annually and no later than May 1 of each year records of the total number of cats and dogs, respectively, sold by the pet shop each year to the municipality in which it is located, and the municipality shall provide this information to the local health authority.

f. Notwithstanding the provisions of subsections b. through d. of this section to the contrary, no license for a kennel, pet shop, shelter, or pound held by a person convicted of, or found civilly liable for, an animal cruelty violation pursuant to chapter 22 of Title 4 of the Revised Statutes, or a violation of P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1), section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23, shall be renewed by a municipality. Such a license may also be revoked, after a hearing establishing that the person holding the license has been convicted of, or found civilly liable for, an animal cruelty violation pursuant to chapter 22 of Title 4 of the Revised Statutes, or a violation of P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1), section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23.

(cf: P.L.2012, c.17, s.5)

7. Section 3 of P.L.1983, c.525 (C.4:19-15.16a) is amended to read as follows:

3. a. The Commissioner of Health shall, within 120 days after the effective date of P.L.1983, c.525, and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations concerning the training and educational qualifications for the certification of animal control officers, including, but not limited to, a course of study approved by the commissioner and the Police Training Commission, in consultation with the New Jersey Certified Animal Control Officers Association, which acquaints a person with:

(1) The law as it affects animal control, animal welfare, and animal cruelty;

(2) Animal behavior and the handling of stray or diseased animals;

(3) Community safety as it relates to animal control; and

(4) The law enforcement methods and techniques required for an animal control officer to properly exercise the authority to investigate and sign complaints and arrest without warrant pursuant to section 8 of P.L.1997, c.247 (C.4:19-15.16c), including, but not limited to, those methods and techniques which relate to search, seizure, and arrest. The training in law enforcement methods and techniques described pursuant to this paragraph shall be part of the course of study for an animal control officer only when required by the governing body of a municipality pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b).

Any person 18 years of age or older may satisfy the courses of study established pursuant to this subsection at that person's own time and expense; however, nothing in this section shall be construed as authorizing a person to exercise the powers and duties of an animal control officer absent municipal appointment or authorization pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b).

b. (1) The commissioner shall provide for the issuance of a certificate to a person who possesses, or acquires, the training and education required to qualify as a certified animal control officer pursuant to paragraphs (1) through (3) of subsection a. of this section and to a person who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L.1983, c.525, for a period of three years before January 17, 1987. The commissioner shall not issue a certificate to any person convicted of, or found civilly liable for, [a] an animal cruelty violation of any provision of chapter 22 of Title 4 of the Revised Statutes, or a violation of P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1), section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23.

(2) The commissioner shall revoke the certificate of any person convicted of, or found civilly liable for, [a] an animal cruelty violation of any provision of chapter 22 of Title 4 of the Revised Statutes, or a violation of P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1), section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23, and shall place the name of the person on the list established pursuant to subsection c. of this section.

c. (1) The commissioner shall establish a list of all persons issued a certificate pursuant to subsection b. of this section (a) for whom that certificate has been revoked, or (b) who have been convicted of, or found civilly liable for, [a] an animal cruelty violation of any provision of chapter 22 of Title 4 of the Revised Statutes, or a violation of P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1), section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23. The commissioner shall provide each municipality in the State with a copy of this list within 30 days after the list is established and not less often than annually thereafter if no revised list required pursuant to paragraph (2) of this subsection has been issued in the interim.

(2) Upon receipt of a notice required pursuant to section 3 or 4 of P.L.2003, c.67 (C.4:22-57 or C.2B:12-17.1) involving a person who has been issued a certificate pursuant to subsection b. of this section, the commissioner shall add to the list the name of the person convicted of, or found civilly liable for, [a] an animal cruelty violation of any provision of chapter 22 of Title 4 of the Revised Statutes, or a violation of P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1), section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23, according to the notice, and shall issue a copy of the revised list to each municipality within 30 days after receipt of any notice.

(cf: P.L.2012, c.17, s.8)

8. Section 6 of P.L.2011, c.142 (C.4:19-15.33) is amended to read as follows:

6. a. The Department of Health shall establish a registry of animal rescue organizations and their facilities in the State. Any animal rescue organization may voluntarily participate in the registry, until the 180th day after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), upon which registration of every animal rescue organization shall be mandatory. Each animal rescue organization shall annually register with the department and annually report the number of cats or dogs sold, adopted, bartered, exchanged, or transferred in the preceding calendar year by the animal rescue organization, and to whom the cats or dogs were sold, released for adoption, bartered, exchanged, or transferred. The department may charge a reasonable fee for the annual registration required pursuant to this subsection.

b. The department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), [may] shall develop and adopt [any rules and regulations determined necessary to implement the voluntary registry and coordinate its use with the provisions P.L.2011, c.142 (C.4:19-15.30 et al.) and section 16 of P.L.1941, c.151 (C.4:19-15.16).] :

(1) standards and requirements for the proper care of cats and dogs in animal rescue organization facilities, consistent with providing necessary care as defined pursuant to R.S.4:22-15 and as applied to animal cruelty violations pursuant to R.S.4:22-17 and R.S.4:22-26; and

(2) rules and regulations governing the enforcement of those standards and requirements and the implementation of the registry.

c. Any animal rescue organization who violates the standards and requirements established pursuant to subsection b. of this section shall be guilty of and liable for, as applicable, violating paragraph (4) of subsection a. of R.S.4:22-17 and paragraph (4) of subsection a. of R.S.4:22-26, and shall be subject to the penalties prescribed by those sections of law.

(cf: P.L.2012, c.17, s.13)

9. Section 3 of P.L.2003, c.67 (C.4:22-57) is amended to read as follows:

3. a. For the purposes of establishing the list of persons not eligible to be certified animal control officers as required pursuant to subsections b. and c. of section 3 of P.L.1983, c.525 (C.4:19-15.16a), notice shall be provided, within 90 days after the effective date of this section, to the Commissioner of Health [and Senior Services] of any person who has been convicted of, or found civilly liable for, [a violation of any provision of chapter 22 of Title 4 of the Revised Statutes,] by any court or other official administrative entity maintaining records of such violations adjudged on or before the effective date of this section , an animal cruelty violation of any provision of chapter 22 of Title 4 of the Revised Statutes, or a violation of:

(1) P.L.2002, c.102 (C.4:19-38 et seq.);

(2) section 1 of P.L.1983, c.261 (C.2C:29-3.1);

(3 ) section 1 of P.L.2013, c.205 (C.2C:29-3.2);

(4) P.L.2015, c.85 (C.2C:33-31 et seq.); or

(5) R.S.39:4-23.

b. For the purposes of maintaining the list of persons not eligible to be certified animal control officers as established pursuant to subsections b. and c. of section 3 of P.L.1983, c.525 (C.4:19-15.16a), the court or other official adjudging the guilt or liability for [a] an animal cruelty violation of any provision of chapter 22 of Title 4 of the Revised Statutes, or a violation of P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1), section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23, shall charge the prosecutor, officer of the New Jersey Society for the Prevention of Cruelty to Animals or the county society for the prevention of cruelty to animals, or other appropriate person, other than a certified animal control officer, with the responsibility to notify within 30 days the commissioner, in writing, of the full name of the person found guilty of, or liable for, an applicable violation, and the violation for which or of which that person was found guilty or liable, and the person charged with the responsibility shall provide such notice.

(cf: P.L.2005, c.372, s.21)

10. Section 5 of P.L.1999, c.336 (C.56:8-96) is amended to read as follows:

5. a. Any consumer who purchases from a pet shop an animal that becomes sick or dies after the date of purchase may take the sick or dead animal to a veterinarian within the period of time required pursuant to the notification form provided upon the date of purchase, receive certification from the veterinarian of the health and condition of the animal, and pursue the recourse provided for under the circumstances indicated by the veterinarian certification, as required and provided for pursuant to section 4 of P.L.1999, c.336 (C.56:8-95).

b. Upon receipt of the certification from the veterinarian, the consumer may report the sickness or death of the animal and the pet shop where the animal was purchased to the local health authority with jurisdiction over the municipality in which the pet shop where the animal was purchased is located, and to the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. The consumer shall provide a copy of the veterinarian certificate with any report. The director shall forward to the appropriate local health authority a copy of any report the division receives. The local health authority shall record and retain the records of any report and documentation submitted by a consumer.

c. By the May 1 immediately following the effective date of this act, and annually thereafter, the local health authority with jurisdiction over pet shops shall review any files it has concerning reports filed pursuant to subsection b. of this section and shall recommend to the municipality in which the pet shop is located the revocation of the license of any pet shop with reports filed as follows:

(1) [15%] 10% of the total number of animals sold in a year by the pet shop were certified by a veterinarian to be unfit for purchase due to congenital or hereditary cause or condition, or a sickness brought on by a congenital or hereditary cause or condition;

(2) [25%] 20% of the total number of animals sold in a year by the pet shop were certified by a veterinarian to be unfit for purchase due to a non-congenital cause or condition;

(3) [10%] 5% of the total number of animals sold in a year by the pet shop died and were certified by a veterinarian to have died from a non-congenital cause or condition; or

(4) 5% of the total number of animals sold in a year by the pet shop died and were certified by a veterinarian to have died from a congenital or hereditary cause or condition, or a sickness brought on by a congenital or hereditary cause or condition.

d. By the May 1 immediately following the effective date of this act, and annually thereafter, the local health authority with jurisdiction over pet shops shall review any files it has concerning reports filed pursuant to subsection b. of this section and shall recommend to the municipality in which the pet shop is located a 90-day suspension of the license of any pet shop with reports filed as follows:

(1) [10%] 5% of the total number of animals sold in a year by the pet shop were certified by a veterinarian to be unfit for purchase due to congenital or hereditary cause or condition, or a sickness brought on by a congenital or hereditary cause or condition;

(2) [15%] 10% of the total number of animals sold in a year by the pet shop were certified by a veterinarian to be unfit for purchase due to a non-congenital cause or condition;

(3) 5% of the total number of animals sold in a year by the pet shop died and were certified by a veterinarian to have died from a non-congenital cause or condition; or

(4) 3% of the total number of animals sold in a year by the pet shop died and were certified by a veterinarian to have died from a congenital or hereditary cause or condition, or a sickness brought on by a congenital or hereditary cause or condition.

e. Pursuant to the authority and requirements provided in section 8 of P.L.1941, c.151 (C.4:19-15.8), the owner of the pet shop shall be afforded a hearing and, upon the recommendation by the local health authority pursuant to subsection c. or d. of this section, the local health authority, in consultation with the Department of Health, shall set a date for the hearing to be held by the local health authority or the State Department of Health and shall notify the pet shop involved. The municipality may suspend or revoke the license, or part thereof, that authorizes the pet shop to sell cats or dogs after the hearing has been held and as provided in section 8 of P.L.1941, c.151 (C.4:19-15.8). At the hearing, the local health authority or the Department of Health, whichever entity is holding the hearing, shall receive testimony from the pet shop and shall determine if the pet shop: (1) failed to maintain proper hygiene and exercise reasonable care in safeguarding the health of animals in its custody, or (2) sold a substantial number of animals that the pet shop knew, or reasonably should have known, to be unfit for purchase.

f. No provision of subsection c. shall be construed to restrict the local health authority or the Department of Health from holding a hearing concerning any pet shop in the State irrespective of the criteria for recommendation of license suspension or revocation named in subsection c. or d., or from recommending to a municipality the suspension or revocation of the license of a pet shop within its jurisdiction for other violations under other sections of law, or rules and regulations adopted pursuant thereto.

g. No action taken by the local health authority or municipality pursuant to this section or section 8 of P.L.1941, c.151 (C.4:19-15.8) shall be construed to limit or replace any action, hearing or review of complaints concerning the pet shop by the Division of Consumer Affairs in the Department of Law and Public Safety to enforce consumer fraud laws or other protections to which the consumer is entitled.

h. The requirements of this section shall be posted in a prominent place in each pet shop in the State along with the name, address, and telephone number of the local health authority that has jurisdiction over the pet shop, and this information shall be provided in writing at the time of purchase to each consumer and to each licensed veterinarian contracted for services by the pet shop upon contracting the veterinarian.

i. The Director of the Division of Consumer Affairs may investigate and pursue enforcement against any pet shop reported by a consumer pursuant to subsection b. of this section.

(cf: P.L.2012, c.17, s.433)

11. This act shall take effect immediately.

STATEMENT

This bill would establish certain practices and lack of care for animals as animal cruelty violations and would prohibit a person found guilty of, or liable for, an animal cruelty offense or certain other animal related offenses from operating as a breeder of cats or dogs, or being an employee or acting on behalf of any organization or business in a position that would bring the person in direct contact with any animal, including but not limited to, an animal rescue organization facility, animal breeder, kennel, pet shop, shelter, or pound.

To provide for enforcement of these provisions, the bill also requires breeders of cats or dogs and animal rescue organizations operating in the State to register with the Department of Health (DOH). The bill also directs the DOH to develop and adopt:

1) standards and requirements for the proper breeding of cats and dogs, and the proper care of the cats and dogs being bred and their offspring, consistent with providing necessary care as defined pursuant to R.S.4:22-15 and as applied to animal cruelty violations pursuant to R.S.4:22-17 and R.S.4:22-26;

2) standards and requirements for the proper care of cats and dogs in animal rescue organization facilities; and

3) regulations governing enforcement of the standards and requirements and the implementation of these registries.

The bill prohibits any animal cruelty violator from holding a license for a kennel, pet shop, shelter, or pound and provides for revocation of such licenses. Finally, the bill lowers the percentages under the “Pet Purchase Protection Act” that trigger suspension and revocation review for pet shops that sell sick cats or dogs.