SENATE, No. 1555

STATE OF NEW JERSEY

INTRODUCED OCTOBER 3, 1996

By Senator PALAIA

An Act licensing dog trainers, amending P.L.1971, c.60, P.L.1974, c.46 and P.L.1978, c.73, and supplementing Title 45 of the Revised Statutes.

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

    1. (New section) This act shall be known and may be cited as the "Dog Trainers' Licensing Act."

    2. (New section) As used in this act:

    "Board" means the Dog Trainers' Licensing Board established under section 3 of this act.

    "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

    "Dog training" means the handling or training of dogs for which a fee is charged.

    "Licensed dog trainer" means a person engaged in the practice of dog training who is licensed pursuant to the provisions of this act.

    3. (New section) There is created within the Division of Consumer Affairs in the Department of Law and Public Safety the Dog Trainers' Licensing Board. The board shall consist of seven members who are residents of this State, two of whom shall be public members and one of whom shall be a State executive department member appointed pursuant to the provisions of P.L.1971, c.60 (C.45:1-2.1 et seq.). The remaining four members shall be, except for the members first appointed, licensed dog trainers under the provisions of this act and shall have been actively engaged in the practice of dog training in this State for at least five years immediately preceding their appointment.

    The Governor shall appoint the two public members and the State executive department member, and shall appoint the remaining four members with the advice and consent of the Senate. Each member, other than the State executive department member, shall be appointed for a term of three years, except that of the dog trainer members first appointed, two shall serve for a term of three years and two shall serve for a term of two years. Any vacancy in the membership of the board shall be filled for the unexpired term in the manner provided by the original appointment. No member of the board may serve more than two successive terms in addition to any unexpired term to which he has been appointed.

    4. (New section) Members of the board shall be compensated and reimbursed for expenses and provided with office and meeting facilities pursuant to section 2 of P.L.1977, c.285 (C.45:1-2.5).

    5. (New section) The board shall organize within 30 days after the appointment of its members and shall annually elect from among its members a chairperson and vice-chairperson, and shall appoint a secretary who need not be a member of the board. The board shall meet twice a year and may hold additional meetings as necessary to discharge its duties. A majority of the board membership shall constitute a quorum.

    6. (New section) The board shall:

    a. Adopt a seal to authenticate its records and proceedings;

    b. Prescribe rules pertaining to types and methods of examination of applicants for licensure;

    c. Examine and pass on the qualifications of applicants for licensure under this act, and issue a license to each qualified and successful applicant, attesting to his professional qualification to practice as a licensed dog trainer;

    d. Keep records of its proceedings and a register of all persons to whom licenses have been granted, and a record of all license renewals, suspensions and revocations;

    e. Maintain records of expenses incurred by members of the board in the performance of their duties;

    f. Take disciplinary action, in accordance with P.L.1978, c.73 (C.45:1-14 et seq.), against any licensed dog trainer who violates the provisions of this act or any regulation promulgated hereunder;

    g. Adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as it may deem necessary to administer the provisions of this act; and

    h. Prescribe or change the charges for examinations, licensures, renewals and other services performed pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.).

    7. (New section) There shall be an Executive Director of the board appointed by the director who shall serve at the director's pleasure. The salary of the Executive Director shall be determined by the director within the limit of available funds. The director shall be empowered within the limits of available funds to hire any assistants as are necessary to administer this act.

    8. (New section) No person shall practice, attempt to practice, or hold himself out as being able to practice dog training unless that person is licensed in accordance with the provisions of this act.

    9. (New section) To be eligible to be licensed as a dog trainer, an applicant shall fulfill the following requirements:

    a. Be at least 18 years of age;

    b. Be of good moral character;

    c. Have successfully completed an approved general education course of study through the 12th grade, or the equivalent thereof as determined by the board; and

    d. Pass an examination administered or approved by the board to determine the applicant's competence to practice dog training.

    10. (New section) Each applicant for a license as a dog trainer shall be examined by the board. The examination shall be held at least twice a year at the times and places to be determined by the board; except that a person 18 years of age or older, of good moral character who submits proof no later than 180 days after the date procedures are established by the board for applying for licensure under section 9 of this act, which proof is satisfactory to the board that the person has engaged in the practice of dog training in this State for at least one year prior to the effective date of this act, and who has not committed any act which would be a ground for disciplinary action under P.L.1978, c.73 (C.45:1-14 et seq.), shall be issued a license without examination.

    11. (New section) a. All licenses shall be issued for a two-year period and shall be renewed upon filing of a renewal application.

    b. All applicants shall pay a fee for licensure or renewal for licensure under this act. Fees shall be determined by the board and established by regulation. The revenue generated from these fees shall not exceed the operating costs incurred by the board in administering this act.

    12. Section 1 of P.L.1971, c.60 (C.45:1-2.1) is amended to read as follows:

    1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the New Jersey Real Estate Commission, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, the State Board of Social Work Examiners, [and] the State Board of Public Movers and Warehousemen, and the Dog Trainers' Licensing Board.

(cf: P.L.1995, c.366, s.20)

    13. Section 1 of P.L.1974, c.46 (C.45:1-3.1) is amended to read as follows:

    1. The provisions of this act shall apply to the following boards and commissions: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Radiologic Technology Board of Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, [and] the State Board of Social Work Examiners, and the Dog Trainers' Licensing Board.

(cf: P.L.1995, c.366, s.22)

    14. Section 2 of P.L.1978, c.73 (C.45:1-15) is amended to read as follows:

    2. The provisions of this act shall apply to the following boards and all professions or occupations regulated by or through such boards: the New Jersey State Board of Accountancy, the New Jersey State Board of Architects, the New Jersey State Board of Cosmetology and Hairstyling, the Board of Examiners of Electrical Contractors, the New Jersey State Board of Dentistry, the State Board of Mortuary Science of New Jersey, the State Board of Professional Engineers and Land Surveyors, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Optometrists, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Board of Pharmacy, the State Board of Professional Planners, the State Board of Psychological Examiners, the State Board of Examiners of Master Plumbers, the State Board of Shorthand Reporting, the State Board of Veterinary Medical Examiners, the Acupuncture Examining Board, the State Board of Chiropractic Examiners, the State Board of Respiratory Care, the State Real Estate Appraiser Board, [and] the State Board of Social Work Examiners, and the Dog Trainers' Licensing Board.

(cf: P.L.1995, c.366, s.23)

    15. This act shall take effect immediately but shall not be operative until the 180th day after enactment.

STATEMENT

    This bill provides for the regulation and licensing of dog trainers. It creates the Dog Trainers' Licensing Board in the Division of Consumer Affairs in the Department of Law and Public Safety. The board shall consist of four dog trainers, two public members and a State executive department member. The Governor shall appoint the two public members and the State executive department member, and shall appoint the remaining four members with the advice and consent of the Senate.

    The bill permits the board to establish fees for those licensed under this bill and incorporates the terms of the law on fees of professional boards, P.L.1974, c.46 (C.45:1-3.1 et seq.), and the uniform enforcement and procedure act, P.L.1978, c.73 (C.45:1-14 et seq.), for enforcement of standards and punishment of violations.

    To be eligible to be licensed as a dog trainer, an applicant shall pass an examination administered or approved by the board to determine the applicant's competence to practice dog training; except that a person who submits proof no later than 180 days after the date procedures are established by the board for applying for licensure, who has engaged in the practice of dog training in this State for at least one year prior to the effective date of this act, and who has not committed any act which would be a ground for disciplinary action under P.L.1978, c.73 (C.45:1-14 et seq.), shall be issued a license without examination.

"Dog Trainers' Licensing Act."