S1834

An Act concerning the regulation of animal shelters, pounds, and kennels operating as shelters or pounds, supplementing Title 4 of the Revised Statutes and chapter 9 of Title 54A of the New Jersey Statutes, 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) The Legislature finds and declares that protecting animals from neglect, mistreatment, and physical suffering in shelters and pounds throughout the State is a compelling public interest; that the killing of animals in shelters and pounds is often a needless tragedy and should be eliminated whenever possible, especially when the animals are healthy or can recover from illness through treatment; that euthanasia should be used only as a last resort when, for example, an animal is suffering with irremediable physical injury or pain or a dog is declared vicious pursuant to section 6 of P.L.1989, c.307 (C.4:19-22); that while many shelters and pounds in the State are conscientiously developing and implementing programs to give the animals in their facilities the best care possible, find them homes, and avoid euthanizing them, all shelters and pounds in the State require assistance with proper training of personnel, staffing of facilities, and education of the agents and officers who bring animals to their facilities; that all shelters, pounds, and kennels operating as shelters or pounds should make a concerted effort to place all animals in a home or appropriate animal care facility if possible; and that no animal should be killed if the animal can be adopted or placed in an animal rescue organization facility or other foster home.

The Legislature also finds and declares that shelters and pounds should be caring, safe havens for animals in need with a life-affirming mission reflecting the humane values of the State’s citizens, residents, and taxpayers; that these safe havens save the lives of animals and work toward ever-increasing live-release rates; that shelters and pounds have a duty to make as many animals available for adoption as possible or prolong every animal’s life; that animals held in shelters or pounds deserve proper care and humane treatment, including prompt, necessary, rehabilitative, and preventative veterinary care and treatment, administration of vaccines, and adequate nutrition, water, shelter, exercise, and environmental enrichment; that voluntary spaying and neutering of animals should be encouraged; that State, county, and municipal government should fund programs and services to enhance the lives of animals; that the public deserves complete disclosure of how these facilities operate; that the inability of the public to obtain information concerning the operation of shelters and pounds undermines the public’s trust that facilities are operating properly; that access to information should be guaranteed; and that all animals should be treated with the same care and appreciation, regardless of breed, size, or health condition.

The Legislature therefore determines that it is of urgent public importance to recommit the State to the protection of animals and the achievement of important and necessary measures to improve care for displaced and homeless animals; and that these measures can be achieved through renewed and vigorous regulation of shelters, pounds, and kennels operating as shelters or pounds that function as such, to end the killing of healthy and savable animals and eliminate the mistreatment and neglect of temporarily displaced animals.

2. (New section) As used in sections 1 through 17 of P.L. , c. (C. ) (pending before the Legislature as this bill):

“Animal control provider” means an animal control provider as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

"Animal rescue organization" means an animal rescue organization as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

"Animal rescue organization facility" means an animal rescue organization facility as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

"Cat" means a cat as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

"Certified animal control officer" means a certified animal control officer as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

"Dog" means a dog as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

"Dog of licensing age" means a dog of licensing age as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

“Domestic companion animal” means a domestic companion animal as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

"Foster home" means a foster home as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

"Kennel" means a kennel as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

"Owner" means an owner as provided for in section 1 of P.L.1941, c.151 (C.4:19-15.1).

"Pet shop" means a pet shop as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

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

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

"Sterilize" means sterilize as defined in section 1 of P.L.1941, c.151 (C.4:19-15.1).

3. (New section) a. Each shelter, pound, or kennel operating as a shelter or pound shall be operated by a director, trained and certified pursuant to sections 11 and 12 of P.L. , c. (C. ) (pending before the Legislature as this bill). The director shall ensure that the shelter, pound, or kennel operating as a shelter or pound complies with the requirements of sections 1 through 13 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the rules and regulations adopted pursuant to section 14 of P.L.1941, c.151 (C.4:19-15.14) and section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill). The director shall make the shelter, pound, or kennel operating as a shelter or pound available for inspection pursuant to section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill) when requested by a certified inspector.

b. Each shelter, pound, or kennel operating as a shelter or pound shall provide each animal in its care for the entirety of the animal’s stay with the facility on a daily basis:

(1) fresh water;

(2) unsoiled food which (a) is age and breed appropriate for the species of animal, (b) for cats or dogs, is provided twice a day or more as appropriate and in appropriate quantities for the age, size, and breed of the animal, and (c) for other species of animals, is provided with the frequency required for the good condition and health of the specific species of animal;

(3) environmental enrichments to promote the psychological well-being of the animal, such as socialization with staff or volunteers, toys, and healthy treats;

(4) exercise, with the frequency and type required for the good condition and health of the specific species of animal, and the animal’s breed, size, and age as determined by a licensed veterinarian or provided in the protocols established by the shelter, pound, or kennel operating as a shelter or pound pursuant to paragraph (2) of subsection a. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill);

(5) in addition to the provisions of paragraph (4) of this subsection, (a) specifically for dogs, exercise outside of the dog’s cage at least once in every 24-hour period, and (b) for cats, the opportunity to climb, walk, and run as part of the cat’s daily exercise; and

(6) prompt, necessary cleaning of the animal’s cage, kennel, or other areas used by the animal, at least two times during each 24-hour period, in such a way that prevents disease and exposure to water from hoses and sprays, cleaning solutions, detergents, solvents, and other chemicals, and is consistent with the protocols established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

c. Notwithstanding the requirements of this section to the contrary, the staff of a shelter, pound, or kennel operating as a shelter or pound shall not be required to provide exercise for an animal if doing so would pose a risk to the health or safety of a member of the staff or other animals in the facility.

4. (New section) a. In consultation with a licensed veterinarian, each shelter, pound, or kennel operating as a shelter or pound shall develop and implement protocols concerning:

(1) proper cleaning and care of cages, kennels, or other areas used by an animal as required pursuant paragraph (6) of subsection b. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) and as necessary to comply with, and maintain the health of the animals as required by, the protocols established pursuant to this subsection;

(2) proper exercise of animals in the shelter, pound, or kennel operating as a shelter or pound as required pursuant to paragraph (4) of subsection b. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) and as necessary to support the health of the animal, and the animal’s recovery from disease, illness, or injury, if applicable, in a manner consistent with the protocols established pursuant to this subsection;

(3) prompt and necessary veterinary care, including, but not limited to, the administration of antibiotics and vaccines, fluid therapy, pain management, and cage rest;

(4) safe and appropriate neutering, vaccinating, and ear-tipping of a cat found living outdoors with no apparent owner, including acceptable ages for neutering a cat and the proper amount of time for holding the cat after neutering, vaccinating, or ear-tipping a cat before releasing it; and

(5) special care for animals with special needs, including, but not limited to:

(a) nursing females;

(b) infant and unweaned animals;

(d) extremely frightened or reactive animals;

(e) older animals;

(f) animals requiring therapeutic exercise; and

(g) unusual species and animals other than cats and dogs.

The special care protocols for animals with special needs established pursuant to this paragraph shall set forth the specific deviations from the required care provided to the other cats, dogs, or species in the shelter, pound, or kennel operating as a shelter or pound, and the reason for the deviation.

b. (1) The consulted licensed veterinarian shall ensure the protocols established pursuant to subsection a. of this section provide for (a) hygienic environments within shelters, pounds, or kennels operating as shelters or pounds, (b) the alleviation of pain, (c) treatment, rehabilitation, and prevention of disease, illness or injury, and (d) prevention of worsening conditions, so that each animal remains fit and in reasonable health, or if an animal is diseased, ill or injured, the animal recovers from the disease, illness or injury and then remains fit and in reasonable health, as determined by the licensed veterinarian overseeing the health and care of the animal in the shelter, pound, or kennel operating as a shelter or pound.

(2) Any animal with a communicable illness or disease shall be separated from all other animals in the shelter, pound, or kennel operating as a shelter or pound, and housing and caring for the animal shall be provided apart from healthy animals or animals with a different disease, illness, or injury until the animal with a communicable illness or diseasehas recovered sufficiently so as not to present a health or safety risk to another animal.

c. Each animal shall be administered any required, age-appropriate vaccines before, immediately upon, or as soon as practicable after, arrival at a shelter, pound, or kennel operating as a shelter or pound. If the animal is a dog, a veterinarian, veterinary technician, director of the shelter, pound, or kennel operating as a shelter or pound, or other properly authorized and trained person, shall administer the age-appropriate and core vaccines. If the animal is a cat, a veterinarian, veterinary technician, director of the shelter, pound, or kennel operating as a shelter or pound, or other properly authorized and trained person, shall administer the required vaccines for cats.

d. As used in subsection c. of this section, “core vaccines” means a group of essential vaccines for the continued health of a dog, including canine parvo virus, canine hepatitis, distemper, rabies, and any other vaccines designated as core vaccines in rules and regulations adopted pursuant to subsection a. of section 10of P.L. , c. (C. ) (pending before the Legislature as this bill) as recommended by current veterinary standards; and “required vaccines for cats” means modified live FVRCP vaccine for cats which incorporates feline pan leukopenia, feline herpesvirus, and feline calici vaccines and any other vaccines designated as required and as recommended by current veterinary standards and vaccines for cats in rules and regulations adopted pursuant to subsection a. of section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill).

e. When an animal is received at a shelter, pound, or kennel operating as a shelter or pound, if the person receiving the animal has reasonable cause to believe the animal is diseased, ill, or injured, the person shall determine if the animal’s condition can be treated at the shelter, pound, or kennel operating as a shelter or pound or if it is necessary to have the animal taken to a veterinarian. Regardless of which action is determined to be appropriate, the animal shall be provided care and treatment for the animal’s condition immediately. The shelter, pound, or kennel operating as a shelter or pound shall record the care and treatment provided and shall keep the record of the care and treatment as part of the animal’s medical records, a copy of which shall be provided to any person reclaiming or adopting the animal.

f. A shelter, pound, or kennel operating as a shelter or pound shall provide any person adopting an animal with copies of all medical or other records available concerning the condition and health of the animal, as well as any other information available on the animal. A person reclaiming an animal shall be provided a copy of any of the medical records for the animal kept by the shelter, pound, or kennel operating as a shelter or pound if the animal was treated for any disease, illness, or injury, or vaccinated while the animal was held at the shelter, pound, or kennel operating as a shelter or pound.

5. (New section) a. Every shelter, pound, or kennel operating as a shelter or pound, in cooperation and consultation with the Department of Health and the municipality in which the facility is located, shall establish community outreach policies and procedures, including, but not limited to, the use of social media or a website, to maximize opportunities for adoption of the animals in its care.

b. A municipality shall require every shelter, pound, or kennel operating as a shelter or pound located within, and licensed by, the municipality to:

(1) establish and maintain a website on the Internet; and

(2) post on the website (a) a picture or an identifying description of any animal impounded in the shelter, pound, or kennel operating as a shelter or pound, and (b) information about animals available for adoption.

c. Whenever the certified animal control officer contracted by a municipality impounds an animal in a shelter, pound, or kennel operating as a shelter or pound, the certified animal control officer shall report the impounding of the animal to its contracting municipality and the municipality shall post a picture or an identifying description of the animal on the Internet.

d. Whenever an animal is brought to a shelter, pound, or kennel operating as a shelter or pound, the employee designated by the director to receive animals shall:

(1) confirm with the person bringing the animal to the shelter, pound, or kennel operating as a shelter or pound, if not the owner of the animal, whether the person has an interest in adopting the animal and wishes to be notified if the animal is to be euthanized; and

(2) if the person wishes to be so notified, obtain and record in the facility’s records the person’s contact information and which animal the person has an interest in adopting.

6. (New section) a. At least two business days prior to the date scheduled for euthanizing an animal, a shelter, pound, or kennel operating as a shelter or pound shall, by verifiable written or electronic communication:

(1) notify or make a reasonable attempt to notify, for compliance with paragraph (2) of subsection b. of this section, any animal rescue organization, animal rescue organization facility, or individual that has requested notification pursuant to subsection d. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) whenever an animal is to be euthanized; and

(2) offer the animal for transfer to the animal rescue organization or animal rescue organization facility.

b. No animal shall be euthanized until the director of the shelter, pound, or kennel operating as a shelter or pound, or the director’s designee, has determined all of the following:

(1) The animal has been made available for adoption as required pursuant to subsection e. of section 16 of P.L.1941, c.151 (C.4:19-15.16);

(2) Any animal rescue organization, animal rescue organization facility, or individual requesting notification prior to the animal being euthanized has been notified or a reasonable attempt has been made to do so, by verifiable written or electronic communication but (a) there has been no response to the notification, or (b) there is no interest in accepting the animal;

(3) There is no space or suitable area for the animal in any cage, kennel, including any temporary cage or kennel, or other areas used to house animals in the shelter, pound, or kennel operating as a shelter or pound;

(4) The animal cannot be placed with another animal in a cage, kennel, or other area used to house animals, and there is no place in the shelter, pound, or kennel operating as a shelter or pound for the animal to be housed alone;

(5) No foster home, animal rescue organization, or animal rescue organization facility is available or willing to accept the animal;

(6) The animal cannot be transferred to another shelter, pound, or kennel operating as a shelter or pound, foster home, animal rescue organization, or animal rescue organization facility because none has room for the animal or is willing to accept the animal, even on an emergency, temporary basis;

(7) If the animal is a cat which was found living outdoors with no apparent owner, there is no available trap, neuter, vaccinate, ear-tip, and return program for the cat established pursuant to section 7of P.L. , c. (C. ) (pending before the Legislature as this bill) or otherwise, and the cat cannot be sterilized and returned to the area where the cat was captured or released in another appropriate outdoor area where cats are living outdoors with no apparent owners; and

(8) All applicable requirements of P.L.1941, c.151 (C.4:19-15.1 et seq.) and sections 1 through 10 of P.L. , c. (C. ) (pending before the Legislature as this bill) have been met.

Notwithstanding the provisions of paragraph (3) of this subsection, no shelter, pound, or kennel operating as a shelter or pound shall be required to hold an animal in a temporary enclosure for more than seven days to avoid euthanizing an animal or for any other reason.

c. Upon determining that paragraphs (1) through (6) of subsection b. of this section apply to an animal, in the case of a cat which has been living outside with no apparent owner, paragraph (7) also applies, and, pursuant to paragraph (8), all requirements have been met, the director of the shelter, pound, or kennel operating as a shelter or pound or the director’s designee shall certify in writing:

(1) compliance with the notification requirements in subsection a. of this section;

(2) compliance with the provisions of subsection b. of this section;

(3) all required waiting times have been met;

(4) the shelter, pound, or kennel operating as a shelter or pound cannot humanely care for the animal or place the animal where it can be humanely cared for, and therefore there is no alternative to euthanizing the animal;

(5) if the animal is a cat that was found living outdoors with no apparent owner, neither sterilizing, vaccinating, ear-tipping, and releasing the cat nor socializing the cat for the purpose of adoption are options for the shelter, pound, or kennel operating as a shelter or pound; and

(6) the specific reason for euthanizing the animal.

d. The director of the shelter, pound, or kennel operating as a shelter or pound or the director’s designee shall sign and date the written certification required pursuant to subsection c. of this section. The shelter, pound, or kennel operating as a shelter or pound shall keep the signed and dated written certification as part of its records as required pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill) and shall make the record available to the public as provided in that section.

e. An animal impounded in a shelter, pound, or kennel operating as a shelter or pound shall be euthanized only when necessary, when every recourse enumerated in subsection c. of this section has been exhausted, and in compliance with the provisions of sections 1 through 17 of P.L.1941, c.151 (C.4:19-15.1 et seq.) and P.L. , c. (C. ) (pending before the Legislature as this bill).

The procedures for administering euthanasia shall be as follows:

(1) Only a licensed veterinarian or a veterinary technician with specific training in euthanasia and certified pursuant to subsection f. of this section shall be permitted to lawfully euthanize an animal.

(2) The room in which euthanasia is administered shall be properly ventilated, and cleaned and regularly disinfected at least once per day when the room is used for the procedure, and the specific area of the room where the procedure is performed shall be cleaned and disinfected after each procedure is performed.

(3) No other animal shall be in the room when euthanasia is being administered or allowed to witness an animal being euthanized, tranquilized, or sedated in preparation for being euthanized, or allowed to see the bodies of animals that have been euthanized.

(4) Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, euthanasia shall be administered only by lethal injection of sodium pentobarbital, except:

(a) intraperitoneal injections may be used only by, or under the direction of, a licensed veterinarian, and (i) only when a licensed veterinarian has determined that use of an intravenous injection is not possible, or (ii) for an infant animal as determined to be appropriate by a licensed veterinarian, a domestic companion animal other than a cat or dog, or a comatose animal with depressed vascular function,

(b) intracardiac injections may be used only when (i) an animal is completely unconscious or comatose, (ii) intravenous injection is not possible, and (iii) only by, or under the direction of, a licensed veterinarian.

(5) An animal shall be sedated or tranquilized before euthanasia is administered as necessary to minimize stress or discomfort for the animal, or, in the case of a vicious animal, to ensure the safety of the staff, but a neuromuscular blocking agent shall not be used for this or any other purpose.

(6) Following administration of the injection to euthanize the animal, the animal shall be lowered onto a surface on which the animal may lie or be held, without dropping, falling, or collapsing without support while dying.

(7) No animal shall be left unattended from the time when preparation for euthanasia begins until the animal dies and its death has been verified by the licensed veterinarian or certified veterinary technician performing the euthanasia. No body of an animal may be disposed of until the animal’s death has been verified. Death of the animal shall be verified by observation of:

(a) no heartbeat, confirmed by a stethoscope;

(b) no respiration;

(d) no eye response, confirmed by shining a light on the animal’s open eyes in which the pupils remain dilated and touching the open eyes without the eyes blinking.

f. The Board of Veterinary Medicine, in consultation with the Department of Health, shall establish a program for veterinary technicians to be trained and certified for the proper administration and use of euthanasia for animals impounded in a shelter, pound, or kennel operating as a shelter or pound and incorporating the applicable requirements established by the rules and regulations adopted pursuant to section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill). However, no healthy animal or animal with a treatable condition shall be used for the purposes of the training required pursuant to this subsection.

g. Notwithstanding the provisions of section 16 of P.L.1941, c.151 (C.4:19-15.16) except as may be necessary to provide for a rabid animal pursuant to subsection j. thereof, subsections a. through e. of this section, or any rule or regulation adopted pursuant thereto, to the contrary, a shelter, pound, or kennel operating as a shelter or pound may euthanize immediately:

(1) a dog which has been determined to be vicious by a municipal court pursuant to P.L.1989, c.307 (C.4:19-17 et seq.) and ordered by the court to be euthanized after any appeal period has passed and no appeal is pending; or

(2) any animal suffering with irremediable physical pain or illness.

As used in this subsection, “suffering with irremediable physical pain or illness” means a diagnosis certified in writing by a licensed veterinarian that the physical condition of an animal indicates that the animal cannot continue to live without severe, unremitting pain even with prompt, necessary, and comprehensive veterinary care, or the animal has an illness that cannot be remediated with prompt, necessary, and comprehensive veterinary care and will cause the animal continuing, unremitting pain.

h. In administering the requirements of this section, the director of the shelter, pound, or kennel operating as a shelter or pound shall exercise consideration and judgment in the assignment and rotation of duties so as to minimize compassion fatigue suffered by the employees and staff of the shelter, pound, or kennel operating as a shelter or pound, including the director thereof. As used in this subsection, “compassion fatigue” means any of the negative emotional repercussions suffered by staff of shelters, pounds, or kennels operating as shelters or pounds caring for the animals in the facility, including, but not limited to, emotional distress, heightened anxiety, depression, alcohol or other drug abuse, or thoughts of, or attempted, suicide.

i. A shelter, pound, or kennel operating as a shelter or pound shall not be required to hold an animal in a temporary enclosure for more than seven days in order to avoid euthanizing any animal pursuant to this section.

7. (New section) a. Each shelter, pound, or kennel operating as a shelter or pound shall consider, study, and, if feasible, may develop and implement a trap, neuter, vaccinate, ear-tip, and return program for its facility as an alternative to euthanasia of any cat found living outdoors with no apparent owner, colloquially referred to as a “feral cat.” The purpose of this subsection is to encourage the development and implementation of such programs but shall not be construed to require implementation of a trap, neuter, vaccinate, ear-tip, and return program by any shelter, pound, or kennel operating as a shelter or pound.

b. Whenever a certified animal control officer, municipal humane law enforcement officer, chief humane law enforcement officer of a county, humane law enforcement officer of a county society for the prevention of cruelty to animals, or other law enforcement officer impounds a cat which has been found living outdoors with no apparent owner, the officer shall impound the cat at a shelter, pound, or kennel operating as a shelter or pound which:

(1) has in place a trap, neuter, vaccinate, ear-tip, and return program;

(2) is willing and able to accept the cat, spay or neuter, vaccinate, ear-tip, and return the cat to the location where the cat was captured; and

(3) is located the closest geographically to the location where the cat was captured.

c. If no shelter, pound, or kennel operating as a shelter or pound meets the criteria established in subsection b. of this section when an officer is required to impound a cat, the officer shall impound the cat at a shelter, pound, or kennel operating as a shelter or pound that is contracted to serve the municipality where the cat was found.

8. (New section) a. Every shelter, pound, or kennel operating as a shelter or pound shall maintain records of the animals brought to, or kept at, the facility, and the disposition of the animal, as required in the rules and regulations adopted pursuant to section 14 of P.L.1941, c.151 (C.4:19-15.14), including where the animal came from, and, if applicable, the disposition of the animal when the animal left the facility. The records shall be retained in accordance with subsection h. of this section.

b. Each shelter, pound, or kennel operating as a shelter or pound shall maintain continuously updated lists of each animal reported lost or found by local law enforcement or other community resources, check these lists against the animals at the shelter, pound, or kennel operating as a shelter or pound, and notify the owner by telephone, email, certified letter, or other verifiable written or electronic communication whenever the facility finds that an animal reported lost or found is in the facility.

c. Each shelter, pound, or kennel operating as a shelter or pound shall make the records kept pursuant to this section available to the public for inspection and review upon request and without charge, but the facility may alter the public record so as to protect any private information concerning the owner of the animal or the animal’s location.

d. Each shelter, pound, or kennel operating as a shelter or pound shall report to the Department of Health annually the number of animals that the facility has the capacity to hold on January 1 of the preceding year, the number of animals that the facility has the capacity to hold on December 31 of the same year, and, by species, the number of animals held at the facility:

(1) on January 1 and on December 31 of the previous calendar year; and

(2) during the previous calendar year

(a) impounded in total;

(b) impounded as stray or at large animals;

(d) impounded as the result of a natural disaster;

(e) brought by the owner for intended euthanasia but adopted;

(f) euthanized and the reason for euthanizing the animal;

(g) that died under circumstances other than euthanasia, and the circumstances of those deaths;

(h) lost or stolen;

(i) returned to their owners;

(j) adopted from the shelter, pound, or kennel operating as a shelter or pound;

(k) transferred from facilities or organizations (i) in New Jersey, (ii) in Delaware, New York, or Pennsylvania, and (iii) outside of New Jersey, Delaware, New York, or Pennsylvania;

(l) transferred to other facilities or organizations located 20 miles or less from the shelter, pound, or kennel operating as a shelter or pound;

(m) transferred to other facilities or organizations located more than 20 miles away from the shelter, pound, or kennel operating as a shelter or pound; and

(n) with any other live dispositions not described by other subparagraphs of this paragraph.

e. In addition to the information required to be reported pursuant to subsection d. of this section, every shelter, pound, or kennel operating as a shelter or pound shall report to the Department of Health annually, the total number of cats found living outdoors with no apparent owner during the previous calendar year that were:

(1) sterilized, vaccinated, ear-tipped, and returned to where the cat was captured when the cat was impounded at the facility;

(2) transferred to an animal rescue organization facility for the purpose of sterilizing, vaccinating, ear-tipping, and returning the cat to where the cat was captured, or socializing the cat and offering the cat for adoption; or

(3) relocated to an appropriate outdoor area where cats are living outdoors with no apparent owners.

Any records maintained concerning the relocation of a cat shall be redacted so as to conceal the location of the outdoor area where cats are living outdoors with no apparent owners.

f. In addition to any information or records submitted to the Department of Health by a shelter, pound, or kennel operating as a shelter or pound pursuant to this section, the department shall annually compile the statistics provided in the reports required pursuant to subsections d. and e. of this section for all shelters, pounds, and kennels operating as shelters or pounds Statewide. The department shall make available to the public on its website aggregate Statewide statistics as well as the statistics of each shelter, pound, or kennel operating as a shelter or pound in a format searchable by category for individual shelters, pounds, or kennels operating as shelters or pounds.

g. The Department of Health shall consolidate and incorporate information, reports, and statistics from all certifications and reports required of each director of a shelter, pound, or kennel operating as a shelter or pound pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.) and P.L. , c. (C. ) (pending before the Legislature as this bill) in order to provide the information, reports, and statistics required of the department pursuant to this section. All information, reports, and statistics required to be compiled by the department pursuant to this section shall be open to the public. The Department of Health shall post the information, reports, and statistics required pursuant to this section on its website on a webpage which is readily accessible and available to the public.

h. Notwithstanding any law, or rule or regulation adopted pursuant thereto, to the contrary, the records maintained pursuant to this section for each animal brought to, or kept at, the facility, shall be retained for at least three years after the date on which the animal is euthanized or leaves the facility. However, if compliance with any federal, State or local law, or an ongoing investigation requires the records to be retained for more than three years, the Department of Health shall notify the director of the shelter, pound, or kennel operating as a shelter or pound of the necessity of retaining specific records and the facility shall retain those records until the Department of Health notifies the director that the facility is no longer required to retain the records.

9. (New section) Any kennel operating as a shelter or pound in the State shall be properly licensed pursuant to section 8 of P.L.1941, c.151 (C.4:19-15.8) by the municipality in which it is located, and subject to the requirements and provisions of sections 1 through 16 of P.L. , c. (C. ) (pending before the Legislature as this bill) concerning shelters, pounds, and kennels operating as shelters or pounds and the rules and regulations adopted pursuant to section 14 of P.L.1941, c.151 (C.4:19-15.14).

10. (New section) a. Within 180 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Health, in consultation with the Board of Veterinary Medicine, shall develop and adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing requirements for:

(1) proper veterinary care of cats and dogs in shelters, pounds, and kennels operating as shelters or pounds, including, but not necessarily limited to, additional or continuing educational training for veterinarians, veterinary protocols, and designation of core vaccines for dogs or required vaccines for cats and their administration, in compliance with subsections c. and d. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(2) criteria for protection of the health of the animals and procedures for the care, temporary housing, and transfer of animals that minimize the necessity for euthanasia, including increased professional staff, use of volunteers, adoption programs, and transfer programs between foster homes, animal rescue organization facilities, and other animal care facilities.

b. Annually, the Department of Health shall review inspection records from shelters, pounds, and kennels operating as shelters or pounds throughout the State and determine if the criteria and procedures established pursuant to paragraph (2) of subsection a. of this section require any modification to further minimize the necessity for euthanasia.

11. (New section) a. The Office of Veterinary Public Health in the Department of Health, at the direction of the commissioner, shall enforce the provisions of sections 1 through 16 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the rules and regulations adopted pursuant to section 14 of P.L.1941, c.151 (C.4:19-15.14) and section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The Office of Veterinary Public Health shall certify a director for each shelter, pound, or kennel operating as a shelter or pound who is properly trained and has met the certification requirements developed and established pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill). Until the adoption of the required training and certification process pursuant to section 12 P.L. , c. (C. ) (pending before the Legislature as this bill) and subsection b. of section 14 of P.L.1941, c.151 (C.4:19-15.14), enabling the Office of Veterinary Public Health to certify a director, the director of the shelter, pound, or kennel operating as a shelter or pound, or if none, its owner or the owner’s designee, shall serve as the acting director of the shelter, pound, or kennel operating as a shelter or pound for the purposes complying with sections 1 through 13 of P.L. , c. (C. ) (pending before the Legislature as this bill), until a director can be properly trained and certified.

c. The Office of Veterinary Public Health shall appoint a sufficient number of certified inspectors, trained and certified pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill), to inspect each shelter, pound, or kennel operating as a shelter or pound in the State at least three times in each calendar year, comply with the provisions of subsection f. of this section, and require the correction of any violations of sections 1 through 13 of P.L. , c. (C. ) (pending before the Legislature as this bill) identified during an inspection. The cost of salaries, training, and certification of certified inspectors shall be provided from the moneys deposited in the “Proper Care of Sheltered Animals Fund,” established pursuant to section 16 of P.L. , c. (C. ) (pending before the Legislature as this bill).

d. Each certified inspector shall inspect each shelter, pound, and kennel operating as a shelter or pound in the certified inspector’s jurisdiction as designated by the Office of Veterinary Public Health, without notice to the shelter, pound, or kennel operating as a shelter or pound, at least three times each calendar year to ensure compliance with the requirements of sections 1 through 13 of P.L. , c. (C. ) (pending before the Legislature as this bill). A certified inspector shall have the authority to enter immediately, at reasonable hours and without advance notice, any shelter, pound, or kennel operating as a shelter or pound, upon presentation of the appropriate credentials, to conduct an inspection.

e. The certified inspector shall report to the Commissioner of Health, and maintain records of the results of each inspection performed. The commissioner, upon receipt of an inspection report indicating a violation, shall issue a notice of violation to the shelter, pound, or kennel operating as a shelter or pound and an order to comply. The authority of each certified inspector to inspect any premises for purposes of investigating an alleged violation shall extend to the entire premises, and the investigating certified inspector shall inspect the entire premises regardless of where the alleged violation may exist. The certified inspector shall make the inspection records available to the commissioner for purposes of enforcement.

f. Only certified inspectors appointed by the Office of Veterinary Public Health or other properly trained and certified staff of the Office of Veterinary Public Health shall inspect shelters, pounds, or kennels operating as shelters or pounds and enforce the provisions of sections 1 through 13 of P.L. , c. (C. ) (pending before the Legislature as this bill). The Office of Veterinary Public Health may delegate any of its inspection or enforcement authority to a local health authority or other local government entity, provided:

(1) the person conducting the inspection or implementing enforcement has been trained and certified pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) and appointed pursuant to subsection c. of this section; and

(2) at least one inspection annually is conducted by the Office of Veterinary Public Health by a certified inspector independent of any local health authority or local government entity, or by properly trained and certified staff of the Office of Veterinary Public Health.

Each municipality shall cooperate with the inspection and enforcement efforts of the Office of Veterinary Public Health pursuant to this section.

12. (New section) a. The Commissioner of Health shall develop and establish, in cooperation with Rutgers, the State University, the training and a course of study required:

(1) to implement the training, education and certification requirements established by rules and regulations adopted pursuant to subsection c. of section 14 of P.L.1941, c.151 (C.4:19-15.14) for a director of a shelter, pound, or kennel operating as a shelter or pound, a certified inspector, and an authorized person trained and certified to conduct inspections or implement enforcement pursuant to subsection f. of section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(2) to implement the additional training established pursuant to subsection a. of section 3 of P.L.1983, c.525 (C.4:19-15.16a) for a properly trained certified animal control officer.

b. The commissioner shall contract with Rutgers, the State University, to provide the training and courses of study developed and established pursuant to subsection a. of this section no later than six months after the effective date of this section.

c. The commissioner shall provide, in conjunction with Rutgers, the State University, for the issuance of a certificate to any person who possesses, or acquires, the training and education required to qualify as a certified director for a shelter, pound, or kennel operating as a shelter or pound, certified inspector, authorized person, or properly trained certified animal control officer pursuant to subsection a. of this section.

13. (New section) a. No shelter, pound, or kennel operating as a shelter or pound may operate in the State unless it can demonstrate it is in good standing with its licensing municipality and the Department of Health, as evidenced by its most recent inspection.

b. Within one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), every shelter, pound, or kennel operating as a shelter or pound in the State shall demonstrate:

(1) it is in compliance with the requirements of sections 1 through 13 of P.L. , c. (C. ) (pending before the Legislature as this bill); or

(2) the date by which the shelter, pound, or kennel operating as a shelter or pound shall be in compliance with any inspection order issued concerning a pending violation.

Thereafter, failure to demonstrate that the facility is in compliance with the rules and regulations adopted by the Department of Health or in compliance with an inspection order issued concerning a violation shall be grounds for immediate license revocation, following a hearing.

14. (New section) Any person may bring a civil action in Superior Court or municipal court, as appropriate, for declaratory or injunctive relief with respect to a violation of sections 1 through 13 of P.L. , c. (C. ) (pending before the Legislature as this bill), and petition the court to compel compliance.

15. (New section) a. A person who fails to comply with the requirements established pursuant to section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be subject to a fine of $100 for the first violation, $200 for the second violation, and $300 for the third and subsequent violations, to be collected by the Department of Health 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.). Also, the license of a shelter, pound, or kennel operating as a shelter or pound shall be, following a hearing, subject to suspension or revocation if the shelter, pound, or kennel operating as a shelter or pound is found liable for a third or subsequent violation of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. A person who fails to comply with the requirements established pursuant to section 3, 4, 5, 6, 9, 10, or 13 of P.L. , c. (C. ) (pending before the Legislature as this bill), or any rules or regulations adopted pursuant to section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill) or section 14 of P.L.1941, c.151 (C.4:19-15.14), shall be subject to a fine of $200 for the first violation, $400 for the second violation, and $800 for the third and subsequent violations, to be collected by the Department of Health 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.). Fines collected pursuant to this section shall be deposited in the “Proper Care of Sheltered Animals Fund,” established pursuant to section 16 of P.L. , c. (C. ) (pending before the Legislature as this bill).

16. (New section) a. There is established in the Department of Health a special, nonlapsing fund to be known as the “Proper Care of Sheltered Animals Fund.” The fund shall be administered by the department and shall be credited with:

(1) revenues collected from the surcharge imposed pursuant to subsection a. of section 18 of P.L. , c. (C. ) (pending before the Legislature as this bill);

(2) fines collected pursuant to section 15 of P.L. , c. (C. ) (pending before the Legislature as this bill) and, notwithstanding the provisions of R.S.4:22-55, subsections b. and c. of R.S.4:22-19;

(3) funds appropriated from the “Stray and Homeless Animals Fund,” established pursuant to section 17 of P.L. , c. (C. ) (pending before the Legislature as this bill);

(4) moneys as may be appropriated by the Legislature; and

(5) any return on investment of moneys deposited in the fund.

b. Moneys in the fund shall be used by the department solely for:

(1) the cost of salaries, training, and certification of certified inspectors appointed pursuant to subsection c. of section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(2) grants to eligible shelters, pounds, or kennels operating as shelters or pounds pursuant to subsection d. of this section, to be prioritized and awarded in the following order, subject to available funding, for

(a) spaying and neutering of cats and dogs, vaccinations, and veterinary care for the animals in the shelters, pounds, and kennels operating as shelters and pounds,

(b) the cost of any other training required pursuant to sections 1 through 17 of P.L. , c. (C. ) (pending before the Legislature as this bill), and

(c) improvements to the facilities and animal care provided at a shelter, pound, or kennel operating as a shelter or pound as required by implementation of sections 1 through 17 of P.L. , c. (C. ) (pending before the Legislature as this bill).

c. The department shall not use moneys in the fund for any administrative costs of the department.

d. (1) Except as provided in paragraph (3) of this subsection, only a shelter, pound, or kennel operating as a shelter or pound that receives 75 percent or more of its animals from within the State during a calendar year shall be eligible to receive a grant pursuant to paragraph (2) of subsection b. of this section.

(2) A private shelter, pound, or kennel operating as a shelter or pound receiving 75 percent or more of its animals from within the State during a calendar year shall be eligible to receive a grant pursuant to paragraph (2) of subsection b. of this section only if it complies with the following requirements:

(a) it is in full compliance with all the reporting requirements established in section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(b) if it is a nonprofit private shelter, pound, or kennel operating as a shelter or pound, has filed its Internal Revenue Service Form 990 for the most recent fiscal year and has submitted all required forms and is in full compliance with the "Charitable Registration and Investigation Act," P.L.1994, c.16 (C.45:17A-18 et seq.).

(3) In the event of a natural disaster, a shelter, pound, or kennel operating as a shelter or pound that receives less than 75 percent of its animals from within the State during a calendar year in which the natural disaster occurs may be eligible and may apply to receive a grant pursuant to paragraph (2) of subsection b. of this section.

17. (New section) a. There is established in the Department of the Treasury a special fund to be known as the “Stray and Homeless Animals Fund.”

b. A taxpayer shall have the opportunity to indicate on the taxpayer’s New Jersey gross income tax return that a portion of the taxpayer’s tax refund or an enclosed contribution shall be deposited in the “Stray and Homeless Animals Fund” in accordance with the provisions of section 1 of P.L.1999, c.21 (C.54A:9-25.14).

c. Any costs incurred by the Division of Taxation for collection or administration attributable to this section may be deducted from receipts collected pursuant to this section, as determined by the Director of the Division of Budget and Accounting in the Department of the Treasury. The State Treasurer shall deposit net contributions collected pursuant to this section into the “Stray and Homeless Animals Fund.”

d. The Legislature shall annually appropriate all funds deposited in the “Stray and Homeless Animals Fund” to the “Proper Care of Sheltered Animals Fund” in the Department of Health, established pursuant to section 16 of P.L. , c. (C. ) (pending before the Legislature as this bill), to be used exclusively for the purposes of that fund.

18. (New section) a. For the purpose of providing the moneys necessary to implement the inspection and enforcement requirements of section 1 through 13 of P.L. , c. (C. ) (pending before the Legislature as this bill), there is imposed a one percent surcharge on the retail price of any pet food item sold at retail. The surcharge shall be collected from retailers and paid to the State Treasurer for deposit in the “Proper Care of Sheltered Animals Fund,” established pursuant to section 16 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The Director of the Division of Taxation in the Department of the Treasury shall collect and administer the surcharge imposed pursuant to this section. In carrying out the provisions of this section, the director shall have all of the powers and authority granted in P.L.1966, c.30 (C.54:32B-1 et seq.). The surcharge shall be reported and paid to the director on a monthly basis in a manner prescribed by the director.

c. The surcharge imposed pursuant to this section shall be governed by the provisions of the State Uniform Tax Procedure Law, R.S.54:48-1 et seq.

d. The State Treasurer shall deposit receipts collected pursuant to this section into the “Proper Care of Sheltered Animals Fund,” established pursuant to section 16 of P.L. , c. (C. ) (pending before the Legislature as this bill).

e. Notwithstanding any provision of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Director of the Division of Taxation in the Department of the Treasury may adopt immediately upon filing with the Office of Administrative Law such regulations as the director deems necessary to implement the provisions of this section, which regulations shall be effective for a period not to exceed 360 days following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and may thereafter be amended, adopted, or readopted by the director in accordance with the requirements of P.L.1968, c.410.

f. The Department of Health shall:

(1) monitor the revenues deposited pursuant to subsection a. of this section and their use for the purposes specified in subsections b., c., and d. of section 16 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(2) report annually to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, its assessment and recommendations concerning (a) whether the surcharge is sufficient or whether it should be decreased, increased, or applied to additional items, and (b) if recommending a decrease, increase, or application to additional items, the amount of the recommended decrease or increase, or the additional items to which the surcharge is to be applied, as applicable.

g. The surcharge imposed pursuant to subsection a. of this section shall not be applied to any pet care services such as boarding or grooming services.

h. As used in this section, “pet food item” means any bag, box, or other container containing substances of nutrient value sold for the purpose of feeding any species of animal being kept as a pet.

19. Section 1 of P.L.1941, c.151 (C.4:19-15.1) is amended to read as follows:

1. As used in P.L.1941, c.151 (C.4:19-15.1 et seq.):

“Animal control provider” means any person or entity that provides animal control services for a municipality, including, but not limited to, a certified animal control officer or a person, company, or other entity providing animal control services.

"Animal rescue organization" means an individual or group of individuals who, with or without salary or compensation, house and care for homeless animals in the home of an individual or in other facilities, with the intent of placing the animals in responsible, more permanent homes as soon as possible.

"Animal rescue organization facility" means the home or other facility in which an animal rescue organization houses and cares for an animal.

"Cat" means a member of the species of cat (Felis catus or Felis domesticus) that is generally kept as a household pet in the United States, which is domesticated, whether acclimated to living outdoors or not, and shall not include bobcat, lynx, or other wild feline species.

"Certified animal control officer" means a person 18 years of age or older who has satisfactorily completed the course of study approved by the Commissioner of Health [and Senior Services] and the Police Training Commission as prescribed by paragraphs (1) through (3) of subsection a. of section 3 of P.L.1983, c.525 (C.4:19-15.16a); or 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.

"Dog" means any dog, bitch or spayed bitch.

"Dog of licensing age" means any dog which has attained the age of seven months or which possesses a set of permanent teeth.

“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.

"Foster home" means placement of a cat or dog with an individual or group that is not an animal rescue organization for the purpose of temporarily caring for the cat or dog, without the individual or group assuming ownership and with the intent of the individual or group relinquishing the cat or dog to a suitable owner when one is located.

"Kennel" means any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale is carried on, except a pet shop.

"Owner" when applied to the proprietorship of a dog, shall include every person [having] who has a right of property in that dog and every person who has that dog in [his] the person’s keeping, and when applied to the proprietorship of any other animal, including, but not limited to, a cat, shall include every person [having] who has a right of property in that animal and every person who has that animal in [his] the person’s keeping, but shall not include a person who feeds an animal living outdoors with no apparent owner, including, but not limited to, an animal colloquially referred to as a “feral cat”.

"Pet shop" means any place of business which is not part of a kennel, wherein animals, including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits, hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to individuals for personal appreciation and companionship rather than for business or research purposes.

"Pound" means an establishment for the confinement of dogs or other animals seized [either] under the provisions of [this act] P.L.1941, c.151 (C.4:19-15.1 et seq.) or otherwise.

"Shelter" means [any establishment where dogs or other animals are received, housed and distributed] a public or private facility operated for the temporary or permanent housing and care of abandoned, abused, owner-surrendered, stray, or otherwise displaced or homeless animals. A shelter shall include a facility operated by a county, municipality, local law enforcement agency, or other governmental entity, or a contractor directly or indirectly thereof, a county society for the prevention of cruelty to animals, a humane society, or other nonprofit organization, or a for-profit entity or business that is not a pet shopconcerned with the care and control of animals, other than an animal rescue organization or an animal rescue organization facility.

"Sterilize" means to permanently render an animal incapable of reproducing by either spaying, [or] neutering, or applying the generally accepted methods under professional veterinary standards.

(cf: P.L.2011, c.142, s.1)

20. 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 person to keep or operate such establishment. 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] .

For a kennel not operating as a shelter or pound or a pet shop, the application 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.

For a shelter, pound, or kennel operating as a shelter or pound, the application shall be accompanied by the written approval of the Office of Veterinary Public Health in the Department of Health showing compliance with the rules and regulations adopted pursuant to section 14 of P.L.1941, c.151 (C.4:19-15.14) that concern the proper operation of shelters, pounds, and kennels operating as shelters or pounds, and the written approval of local municipal authorities concerning the location of the establishments, other local enforcement and licensing issues not related to the inspection or enforcement requirements established pursuant to sections 1 through 13 of P.L. , c. (C. ) (pending before the Legislature as this bill), and any inspection or enforcement authority delegated to the local health authority or other local government entity pursuant to subsection f. of section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill).

No license shall be issued to a shelter, pound, or kennel operating as a shelter or pound, shelter unless it can demonstrate to its licensing municipality and the Department of Health, in the manner prescribed by the department, that it:

(1) has a director, properly trained and certified pursuant to sections 11 and 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) or has an acting director in place as provided in subsection b. of section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(2) is otherwise in compliance with the applicable provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

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] Department of Health 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]. 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. Within one year after the effective date of P.L. , c. (C ) (pending before the Legislature as this bill), every shelter, pound, or kennel operating as a shelter or pound operating in the State shall demonstrate to its licensing municipality and the Department of Health, in the manner prescribed by the department, that the shelter, pound, or kennel operating as a shelter or pound:

(1) has a director, properly trained and certified, or designated, pursuant to sections 11 and 12 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(2) is otherwise in compliance with the applicable provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

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

21. Section 14 of P.L.1941, c.151 (C.4:19-15.14) is amended to read as follows:

14. a. The [State] Department of Health shall adopt, within six months of the approval of [this act] P.L.1941, c.151 (C.4:19-15.1 et seq.) and with the [co-operation] cooperation and assistance of the [State] Department of Agriculture, [prepare and promulgate] rules and regulations governing the sanitary conduct and operation of kennels, pet shops, shelters and pounds, to preserve sanitation therein and prevent the spread of rabies and other diseases of dogs within and from such establishments.

[Such] The rules and regulations adopted pursuant to this section shall be enforced by the [State] Department of Health and by local boards of health.

b. Within 180 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Health, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations governing the operation and oversight of shelters, pounds, and kennels operating as shelters or pounds to provide for the requirements established pursuant to sections 1 through 16 of P.L. , c. (C. ) (pending before the Legislature as this bill). Every three years after the adoption of the rules and regulations pursuant to this subsection, the department shall consider revisions to the rules and regulations adopted pursuant to this subsection, consult with the director of each shelter, pound, and kennel operating as a shelter or pound in the State concerning such revision, and revise the rules and regulations as necessary.

c. (1) The Department of Health shall adopt, within 120 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations concerning the training, educational qualifications, and certification required for:

(a) directors of shelters, pounds, or kennels operating as shelters or pounds operating in the State; and

(b) certified inspectors appointed pursuant to subsection c. of section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill) to inspect shelters, pounds, and kennels operating as shelters and pounds in the State, including authorized persons conducting inspections or implementing enforcement for a local health authority or municipal authority pursuant to subsection f. of section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(2) The rules and regulations adopted pursuant to paragraph (1) of this subsection shall include, but need not be limited to, a course of study which provides the person with the necessary training in:

(a) the State law, rules, and regulations concerning the regulation of shelters, pounds, and kennels operating as shelters and pounds, including, at a minimum, the applicable provisions of P.L.1941, c.151 (C.4:19-15.1 et seq.) and sections 1 through 16 of P.L. , c. (C. ) (pending before the Legislature as this bill), and the rules and regulations adopted pursuant to this section;

(b) the State animal cruelty statutes, any rules or regulations adopted pursuant thereto, and their proper application;

(c) all State agencies, and all associations, entities, and officials in the State involved in animal control and cruelty prevention, and their respective roles and responsibilities concerning enforcement of the law, rules, and regulations set forth in paragraphs (1) and (2) of this subsection;

(d) the best practices established for animal care, cleaning of cages or enclosures, veterinary oversight, maintaining enclosures, the physical and psychological requirements for animals, control of rabies, required and proper quarantines, and transport rules, and their proper implementation;

(e) the best management practices for shelters, pounds, and kennels operating as shelters or pounds that minimize the need for euthanasia and ensure its administration only when necessary and in the most humane manner possible, including, but not limited to (a) the best practices for humane euthanasia of animals, (b) the requirements and protocols concerning euthanasia established pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), and (c) criteria that minimize the necessity of euthanasia established pursuant to paragraph (2) of subsection a. of section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(f) recognition of cat and dog breeds, acceptable and dangerous cat and dog behaviors, safe animal handling techniques, animal disease recognition and prevention, and proper veterinary services.

Euthanasia shall not be administered to a healthy or treatable animal during training pursuant to subparagraph (e) of this paragraph.

d. At least six months before the commissioner considers a revision of rules and regulations pursuant to subsection b. of this section, the Department of Health shall solicit from the public suggestions concerning the proper operation of shelters, pounds, and kennels operating as shelters or pounds and revision of the rules and regulations adopted pursuant to this section. The department shall provide notice of the request for suggestions or revisions on its website, including information on submitting the suggestions or revisions to the department. The notice shall also be posted at each shelter, pound, kennel operating as a shelter or pound, pet shop, and business selling pet supplies in the State. Upon proposing revised rules and regulations, in addition to the required publication of the proposed rules and regulations in the New Jersey Register, the department shall notify the public of the rule proposal in the same manner as it provided notice of its request for suggestions or revisions, and shall include in that notice information concerning where the proposal is published, how the proposal may be accessed and reviewed by the public, and the comment period provided for the proposal.

(cf: P.L.1941, c.151, s.14)

22. 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] at a shelter, pound, or kennel operating as a shelter or pound :

(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.

If, when an animal is taken into custody and impounded, the certified animal control officer or the person receiving the animal at a shelter, pound, or kennel operating as a shelter or pound has reasonable cause to believe the animal is injured or ill, the animal shall receive treatment pursuant to subsection e. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill.)

b. If an animal, including a cat, 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.

For any animal suspected of being lost or stray, the shelter, pound, or kennel operating as a shelter or pound shall post on the Internet a photograph and identifying information concerning the animal, the location of the facility where the animal is being held, and information concerning how to contact the facility, including, but not limited to, its phone number, email address, and hours of operation during which the owner may reclaim the animal.

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. (1) A shelter, pound, or kennel operating as a shelter or pound receiving an animal , including a cat, 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)] (a) 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)] (b) the animal is suspected of being rabid, in which case the provisions of subsection j. of this section shall apply; or

(c) the animal is a cat found living outdoors with no apparent owner has no microchip or other identifying items or characteristics indicating that the cat may be stray, and the person bringing the cat to the shelter, pound, or kennel operating as a shelter or pound knows with reasonable certainty that the cat has no owner, in which case paragraph (2) of this subsection shall apply.

(2) The shelter, pound, or kennel operating as a shelter or pound may release a cat known with reasonable certainty to have no owner and to have been living outdoors in an area where cats are living with no apparent owners as soon as appropriate in accordance with the protocols established pursuant to paragraph (4) of subsection a. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) after the cat is sterilized, vaccinated, and ear-tipped. Otherwise, a cat found living outdoors without an apparent owner shall be held for seven days before it is sterilized, vaccinated, ear-tipped, and released. No cat under four months of age found living outdoors without an apparent owner shall be released. A cat under four months of age shall be offered for adoption for at least seven days. Thereafter, the shelter, pound, or kennel operating as a shelter or pound may euthanize the cat after complying with the provisions of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).

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.

Prior to euthanizing an animal, the shelter, pound, or kennel operating as a shelter or pound shall comply with the provisions of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).

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] Except as authorized pursuant to paragraph (2) of subsection e. of this section, a shelter, pound, or kennel operating as a shelter or pound shall not transfer an animal to an animal rescue organization facility until the animal has been held for seven days. If a transfer is required pursuant to paragraph (2) of subsection e. of this section, the shelter, pound, or kennel operating as a shelter or pound shall take a photograph of the animal before the transfer and shall hold the photograph in the records of the shelter, pound, or kennel operating as a shelter or pound.

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 animal 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 animal; 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] $10 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 and section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).

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.

m. No shelter, pound, or kennel operating as a shelter or pound may refuse, limit, or otherwise obstruct the impoundment, transfer, or adoption of a cat or dog on the basis of age, appearance, color, breed, breed mix, size, or species.

n. A shelter, pound, or kennel operating as a shelter or pound shall establish hours of operation that allow it to be open to the public, and during the following times, shall make animals being held at the shelter, pound, or kennel operating as a shelter or poundavailable for adoption and reclamation:

(1) at least four hours on at least three of the five weekdays, and shall remain open until 7:00 p.m. on at least one of those weekdays; and

(2) at least four hours one weekend day each week.

o. Prior to euthanizing an animal, the shelter, pound, or kennel operating as a shelter or pound shall comply with the provisions of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).

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

23. 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; and

(3) Community safety as it relates to animal control.

(4) (Deleted by amendment, P.L.2017, c.331)

The commissioner, within 120 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations providing for additional training for certified animal control officers as required pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the proper implementation of the responsibilities of an animal control officer pursuant to this section, section 16 of P.L.1941, c.151 (C.4:19-15.16), and any other applicable section of sections 1 through 12 of P.L. , c. (C. ) (pending before the Legislature as this bill).

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 violation of any provision of chapter 22 of Title 4 of the Revised Statutes.

(2) The commissioner shall revoke the certificate of any person convicted of, or found civilly liable for, a violation of any provision of chapter 22 of Title 4 of the Revised Statutes, 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 violation of any provision of chapter 22 of Title 4 of the Revised Statutes. 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 violation of any provision of chapter 22 of Title 4 of the Revised Statutes 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.2017, c.331, s.5)

24. Section 5 of P.L.2011, c.142 (C.4:19-15.32) is amended to read as follows:

5. a. Every shelter, pound, or kennel operating as a shelter or pound shall have a universal scanner for microchip identification. When a cat or dog is put in the custody of and impounded with a shelter, pound, or kennel operating as a shelter or pound, or an animal rescue organization facility receives a cat or dog, the shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility shall, if the identity of the owner is not known, scan the animal for microchip identification [, provided the shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility has such technology available].

b. Prior to release of any cat or dog for adoption, transfer to another facility or foster home, or euthanasia of the cat or dog, the shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility shall, if the identity of the owner is not known, scan the cat or dog for microchip identification [, provided the shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility has such technology available].

c. If either scan required pursuant to subsection a. or b. of this section reveals information concerning the owner of the cat or dog, the shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility shall immediately seek to contact and notify the owner of the whereabouts of the cat or dog. Furthermore, if microchip identification is found, the shelter, pound, kennel operating as a shelter or pound, or animal rescue organization facility shall hold the animal for at least seven days after the notification to the owner.

(cf: P.L.2011, c.142, s.5)

25. 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] operating in the State shall register with the department and shall be entered into the registry.

b. The department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt any rules and regulations determined necessary to implement the [voluntary] registry and coordinate its use with the provisions of 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), and sections 1 through 17 of P.L. , c. (C. ) (pending before the Legislature as this bill) .

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

26. R.S.4:22-19 is amended to read as follows:

4:22-19. a. A person who shall [:

a. Impound] impound or confine, or cause to be impounded or confined, in a pound or other place, a living animal or creature, and shall fail to supply it daily during such confinement with a sufficient quantity of good and wholesome food and water [; or] shall be guilty of a disorderly persons offense and shall be punished as provided in subsection b. of R.S.4:22-17.

b. [Destroy] A person who shall kill or cause to be [destroyed] killed any [such] impounded animal by hypoxia induced by decompression or in any other manner [, by the administration of a lethal gas other than an inhalant anesthetic, or in any other manner] except [by a method of euthanasia generally accepted by the veterinary medical profession as being reliable, appropriate to the type of animal upon which it is to be employed, and capable of producing loss of consciousness and] as provided pursuant to section 6 of P.L. , c. (C. ) (pending now before the Legislature as this bill), so as to bring death as rapidly and painlessly as possible [for such] to the animal, shall [, in the case of a violation of subsection a., be guilty of a disorderly persons offense and shall be punished as provided in subsection a. of R.S.4:22-17; or, in the case of a violation of subsection b.,] be subject to a penalty of [$25] $125 for the first offense and [$50] $250 for each subsequent offense. Each animal destroyed in violation of this subsection [b.] shall constitute a separate offense. The penalty shall be collected in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) and all money collected shall be remitted to the [State] Department of Health.

This section shall apply to kennels, pet shops, shelters, and pounds as defined and licensed pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); to pounds and places of confinement owned and operated by municipalities, counties or regional governmental authorities; and to every contractual warden or impounding service, any provision to the contrary in this title notwithstanding.

c. Notwithstanding the provisions of R.S.4:22-55 or any other law, or any rule or regulation adopted pursuant thereto, to the contrary, any penalty collected pursuant to subsection b. of this section shall be deposited in the “Proper Care of Sheltered Animals Fund,” established pursuant to section 16 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2001, c.229, s.3)

27. R.S.4:22-55 is amended to read as follows:

4:22-55. a. Except as provided pursuant to subsection b. of this section and subsection c. of R.S.4:22-19, all fines, penalties and moneys imposed and collected under the provisions of article 2 of chapter 22 of Title 4 of the Revised Statutes, shall be paid by the court or by the clerk or court officer receiving the fines, penalties or moneys, within 30 days and without demand, to the county to be used for the purpose of protecting animals in the county.

b. If an enforcement action for a violation of article 2 of chapter 22 of Title 4 of the Revised Statutes is brought:

(1) in Superior Court primarily as a result of the reporting of the violation to the county prosecutor by a certified animal control officer or a municipal humane law enforcement officer, the fines, penalties, or moneys collected shall be paid as follows: one half to the municipality in which the violation occurred; and one half to the county to be used for the purpose of protecting animals in the county.

(2) in a municipal court of a municipality in which a municipal humane law enforcement officer has been designated pursuant to section 25 of P.L.2017, c.331 (C.4:22-14.1), the fines, penalties, or moneys collected shall be paid without demand, to the municipality in which the violation occurred.

(3) in a municipal court of a municipality in which a municipal humane law enforcement officer has not been designated pursuant to section 25 of P.L.2017, c.331 (C.4:22-14.1), the fines, penalties, or moneys collected shall be paid as follows: one half to the municipality in which the violation occurred; and one half to the county to be used for the purpose of protecting animals in the county.

c. Any fines, penalties, or moneys paid to a municipality pursuant to subsection b. of this section shall be allocated by the municipality to defray the cost of:

(1) enforcement of animal control, animal welfare, and animal cruelty laws and ordinances within the municipality; and

(2) the training therefor required of certified animal control officers and municipal humane law enforcement officers pursuant to law or other animal enforcement related training authorized by law for municipal employees.

(cf: P.L.2017, c.331, s.22)

28. This act shall take effect on the 180^th day after the date of enactment except the Commissioner of Health may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill establishes additional requirements for the operation and oversight of animal shelters, pounds, and kennels operating as shelters or pounds.

The bill requires each shelter, pound, or kennel operating as a shelter or pound to have a director, trained and certified as provided in sections 11 and 12 of the bill, and allows the current director or, if none, the owner or the owner’s designee, to serve as an acting director until a director can be properly trained and certified. The bill also requires the director of a shelter, pound, or kennel operating as a shelter or pound to ensure the compliance of the shelter, pound, or kennel operating as a shelter or pound with sections 1 through 13 of the bill and the rules and regulations adopted by the Department of Health (DOH) pursuant to section 14 of P.L.1941, c.151 (C.4:19-15.14), as amended in the bill.

The bill requires the Office of Veterinary Pubic Health (OVPH) in DOH to certify the director of each animal shelter, pound, or kennel operating as a shelter or pound and to appoint a sufficient number of certified inspectors to conduct unannounced inspections of each shelter, pound, and kennel operating as a shelter or pound at least three times each year. The bill authorizes the OVPH to delegate its inspection and enforcement authority to local health authorities or other local government entities, provided that trained and certified inspectors are conducting the inspections or implementing enforcement, and at least one inspection each year is conducted by OVPH independent certified inspectors or trained and certified staff.

The bill directs the DOH to develop training and certification programs with Rutgers, the State University, for the director of every shelter, pound, or kennel operating as a shelter or pound, and inspectors, and for additional training for certified animal control officers. The bill directs the DOH to adopt rules and regulations that enumerate the specific requirements for the training and course of study. The bill also directs the DOH to contract with Rutgers to provide the training and issue certificates for successful completion thereof.

Sections 3 through 8 of the bill establish specific requirements concerning the care and treatment of animals and recordkeeping concerning the animals in shelters, pounds, and kennels operating as shelters and pounds. These provisions include requirements concerning the administration of euthanasia, required steps to avoid euthanizing animals, and provisions to address feral cat issues. The bill authorizes the OVPH to oversee enforcement of the bill’s requirements and requires directors to ensure compliance with the bill’s provisions.

The bill establishes the “Proper Care of Sheltered Animals Fund” to provide grants to shelters, pounds, and kennels operating as shelters and pounds to assist them in complying with the provisions of the bill. The bill specifies that no moneys in the fund may be used for administrative costs of the DOH.

Except for grants awarded when there is a natural disaster, the bill specifies that only a shelter, pound, or kennel operating as a shelter or pound that receives 75 percent or more of its animals from within New Jersey during a calendar year can be eligible to receive a grant from the “Proper Care of Sheltered Animals Fund.” The bill also specifies that a private shelter, pound, or kennel operating as a shelter or pound receiving 75 percent or more of its animals from within New Jersey during a calendar year can be eligible to receive a grant only if it fully complies with the reporting requirements established under section 8 of the bill, and is a nonprofit private shelter, pound, or kennel operating as a shelter or pound, as defined in section 16 of the bill.

The bill establishes three sources of funding for the grants awarded from the “Proper Care of Sheltered Animals Fund.”

First, the bill establishes a voluntary check-off on personal income tax to allow for donations for the “Stray and Homeless Animal Fund,” the proceeds of which would be deposited into the “Proper Care of Sheltered Animals Fund.”

Second, the bill establishes new penalties, increases existing penalties, and requires the penalties to be deposited in the “Proper Care of Sheltered Animals Fund.”

The bill establishes that violations of:

1) the bill’s recordkeeping requirements are subject to a fine of $100 for the first violation, $200 for the second violation, and $300 for the third and subsequent violations; and

2) the requirements other than those concerning recordkeeping and trap-neuter-vaccinate-eartip-and-release programs under the bill are subject to a fine of $200 for the first violation, $400 for the second violation, and $800 for the third and subsequent violations.

The bill also establishes that third-time violators of requirements other than those concerning recordkeeping and trap-neuter-vaccinate-eartip-and-release programs would be subject to license revocation.

Third, the bill establishes a one percent surcharge on the price of any pet food item sold at retail, to be collected from retailers and deposited into the “Proper Care of Sheltered Animals Fund.”

The bill also establishes requirements to increase opportunities to offer animals in shelters, pounds, and kennels operating as shelters or pounds for adoption. The bill requires every shelter, pound, or kennel operating as a shelter or pound, in cooperation and consultation with DOH and the municipality in which the facility is located, to establish community outreach policies and procedures, including, but not limited to, the use of social media or a website, to maximize opportunities for adoption of the animals in its care.

The bill also requires each municipality in the State to require every shelter, pound, or kennel operating as a shelter or pound located within, and licensed by, the municipality to:

1) establish and maintain a website on the Internet; and

2) post on the website (a) a picture or an identifying description of any animal impounded in the shelter, pound, or kennel operating as a shelter or pound, and (b) information about animals available for adoption.

Furthermore, whenever the certified animal control officer contracted by a municipality impounds an animal in a shelter, pound, or kennel operating as a shelter or pound, the bill requires the certified animal control officer to report the impounding of the animal to its contracting municipality and requires the municipality to post a picture or an identifying description of the animal on the Internet. The employee receiving animals is also required to:

1) confirm with the person bringing the animal to the shelter, pound, or kennel operating as a shelter or pound, if not the owner of the animal, whether the person has an interest in adopting the animal and wishes to be notified if the animal is to be euthanized; and

2) if the person wishes to be so notified, obtain and record in the facility’s records the person’s contact information and which animal the person has an interest in adopting.

This bill addresses the compelling public interest of protecting animals from neglect, mistreatment, and physical suffering in shelters and pounds throughout the State. It is of urgent public importance to recommit the State to the protection of animals and the achievement of important and necessary measures in improving care for displaced and homeless animals. These measures can be achieved through renewed and vigorous regulation of shelters, pounds, and kennels operating as shelters or pounds. Shelters and pounds should be caring, safe havens for animals. Their operators have a duty to make as many animals available for adoption as possible and prolong every animal’s life in their care. The killing of animals in shelters and pounds is often a needless tragedy, especially when the animals are healthy or can recover from illness through treatment. Euthanasia should be used only as a last resort.