A4534

An Act concerning the health and safety of abandoned domestic companion animals and supplementing Title 4 of the Revised Statutes.

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

1. This act shall be known and may be cited as the “New Jersey Safe Haven for Protection of Domestic Companion Animals Act.”

2. The Legislature finds and declares that, from time to time, domestic companion animals are abandoned outside of animal shelters or pounds without proper shelter or necessary care, sometimes to die before they are discovered by shelter or pound personnel; that, whether this abandonment occurs without concern for the welfare of the animal or from a person’s desperation over having no alternative to care for the animal, it is inhumane not to provide options to avoid the unnecessary suffering and death of these animals; and that, therefore similar to the need for the State law that established safe haven drop-offs for infant children in 2000, it is necessary to provide safe havens for domestic companion animals whose caregivers can no longer care for them or that are found abandoned with no apparent caretakers.

3. As used in this act:

"Domestic companion animal" means any animal commonly referred to as a pet that was bought, bred, raised, or otherwise acquired, in accordance with local ordinances and State and federal law, for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes. "Domestic companion animal" shall not include "domestic livestock" as defined in subsection c. of section 1 of P.L.1995, c.311 (C.4:22-16.1).

“Necessary care” means necessary care as defined in R.S.4:22-15.

“Pound” means a pound as the term is defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

“Shelter” means a shelter as the term is defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

4. a. Any person may voluntarily deliver a domestic companion animal to a shelter, pound, veterinary hospital, or police station in the State, and leave the animal with an employee, veterinarian, or police officer at the facility, whenever it is open or, in the case of a police station, has an officer present to receive the animal. No employee, veterinarian, or police officer at the shelter, pound, veterinary hospital, or police station, as applicable, may refuse to accept any domestic companion animal delivered to the facility.

b. Each shelter, pound, veterinary hospital, and police station in the State shall post at its front entrance a conspicuous sign stating:

(1) the hours of operation during which the facility is open and a person is on the premises to receive a domestic companion animal;

(2) the telephone number and address of a facility where a domestic companion animal may be delivered when the shelter, pound, veterinary hospital, or police station is closed; and

(3) a warning against abandoning or relinquishing the domestic companion animal in any way other than delivering the animal to a person at a facility who can receive and care for the animal.

c. A shelter or pound receiving the animal shall provide the animal with necessary care and shall provide for the animal’s disposition in accordance with the provisions of section 16 of P.L.1941, c.151 (C.4:19-15.16). A veterinary hospital or police station receiving the animal shall hold the animal until the animal is transferred to a shelter or pound, and shall provide necessary care for the animal in a manner as may be established as an operating procedure by the veterinary hospital or police station.

d. Any person who voluntarily delivers a domestic companion animal pursuant to subsection a. of this section shall not be required to:

(1) disclose the person's name, or identifying information of the owner of the domestic companion animal if different from the person who delivers the domestic companion animal to the shelter, pound, veterinary hospital, or police station; or

(2) provide background information about the animal’s owner or medical information about the domestic companion animal.

e. The provisions of subsection d. of this section shall not preclude the person, from voluntarily providing information concerning the domestic companion animal or the animal’s owner, but, under no circumstances, shall the person delivering the animal be liable for care or disposition of the animal.

f. The shelter, pound, veterinary hospital, or police station may attempt to identify the owner of the domestic companion animal but shall not be required to attempt to reunite the animal with its owner. The shelter, pound, veterinary hospital, or police station may place the domestic companion animal with an adoptive owner as soon as possible.

g. The Department of Health shall provide every municipality, shelter, pound, veterinary hospital, and police station in the State with information concerning the requirements of this act.

5. a. The Commissioner of Health shall establish an educational and public information program to promote safe placement alternatives for a domestic companion animal whose owner can no longer provide necessary care for the animal or that is found without an owner and necessary care. This program may include the establishment of a 24-hour, toll-free hotline to assist in providing information about safe havens and safe haven procedures for domestic companion animals.

b. (1) The Commissioner of Health, in consultation with the Commissioner of Education, shall develop a plan to distribute to all public school districts in the State with students in grades three through 12, pamphlets, posters, and other educational materials that provide information to the students of the provisions of this act.

(2) The Department of Health shall distribute the pamphlets, posters, and other educational materials, at no charge, to all public school districts in the State. The department shall update the pamphlets, posters, and other educational materials as necessary, and shall make additional copies available to educators and other individuals working with public school students in grades three through 12.

6. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to implement this act.

7. This act shall take effect immediately.

STATEMENT

This bill provides that any person, may voluntarily and anonymously deliver a domestic companion animal to a shelter, pound, veterinary hospital, or police station in the State, and leave the animal with an employee, veterinarian, or police officer at the facility. The bill provides that the person would not be liable for the care or disposition of the animal. The bill further provides that no employee, veterinarian, or police officer at the shelter, pound, veterinary hospital, or police station, as applicable, may refuse to accept any domestic companion animal. Finally, the bill directs the Commissioner of Health to establish a public education and information program to disseminate the information on the requirements of this bill to every municipality, shelter, pound, veterinary hospital, police station, and public school with students in grades three through 12.