Bill Text: NJ A3303 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits animal cruelty violators from owning domestic companion animals and from working at animal-related enterprises; designated as "Moose's Law."
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Enrolled - Dead) 2014-01-21 - Pocket Veto - Bills not Acted on by Governor-end of Session [A3303 Detail]
Download: New_Jersey-2012-A3303-Introduced.html
Sponsored by:
Assemblyman TROY SINGLETON
District 7 (Burlington)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Prohibits animal cruelty violators from owning domestic companion animals and from working at animal-related enterprises; designated as "Moose's Law."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning animal cruelty violators and their direct involvement with animals, designated as "Moose's Law," and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Animal cruelty offense" means, in New Jersey, any crime or disorderly persons offense under chapter 22 of Title 4 of the Revised Statutes, or any civil violation under R.S.4:22-26; or in any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute a crime or disorderly persons offense under chapter 22 of Title 4 of the Revised Statutes or a civil violation under R.S.4:22-26.
"Animal-related enterprise" means any for-profit or non-profit industry, business, enterprise, or endeavor that requires or involves hands-on contact or other direct interaction with animals, including, but not limited to: a zoo, aquarium, or other animal exhibition; an animal care or veterinary operation; an animal training operation; an animal breeding operation; an animal shelter or pound; an animal kennel or boarding operation; a pet shop; an animal adoption or sales service; or an animal transport service.
"Applicant" means an existing employee or provisional employee whose name and address are submitted to the Commissioner of Health pursuant to subsection d. of section 3 of this act.
"Commissioner" means the Commissioner of Health.
"Domestic companion animal" means any animal commonly referred to as a pet, or one that has been 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.
"Employ" means to use the services of a person, or to hire a person for paid or unpaid work.
"Existing employee" means a person who is employed by an animal-related enterprise on the date of enactment of this act.
"Non-provisional employee" means an existing employee or provisional employee who is authorized to engage in on-going, non-provisional employment at an animal-related enterprise following the receipt of written notice from the Superintendent of State Police and Commissioner of Health, pursuant to section 5 of this act, confirming an absence of disqualifying animal cruelty offense violations.
"Own" means to have a legal right of possession in, or any legal title to ownership of, a domestic companion animal.
"Provisional employee" means a person who is employed by an animal-related enterprise on a provisional basis, in accordance with the provisions of subsection b. of section 3 of this act.
2. a. No person who is convicted of, or found civilly liable for, an animal cruelty offense shall commence, operate, apply for employment at, or participate in any capacity in, an animal-related enterprise, or acquire or own any domestic companion animal subsequent to the date of the person's conviction or finding of civil liability for such offense.
b. Any person who violates subsection a. of this section shall be guilty of a disorderly persons offense.
c. Upon a person's conviction, or finding of civil liability, for an animal cruelty offense, the court shall order the forfeiture of any domestic companion animal owned by the offender, or, if deemed appropriate, appoint a receiver to whom ownership and custody of the animal will be transferred. No person who shares a place of residence with the offender shall be appointed as a receiver pursuant to this subsection.
3. a. The owner or operator of an animal-related enterprise shall not employ any person at the enterprise unless the Commissioner of Health has first determined that the person is not identified on the list, established pursuant to section 3 of P.L.1983, c.525 (C.4:19-15.16a), of persons who are ineligible to be certified animal control officers on the basis of their conviction, or finding of civil liability, for an animal cruelty offense.
b. Notwithstanding the provisions of this section to the contrary, an animal-related enterprise may provisionally employ a person for a period not exceeding 90 days, pending the results of the investigation required by subsection a. of this section. Continued, non-provisional employment shall be contingent upon the completion of the investigation required by subsection a. of this section, and shall be authorized only if the Commissioner of Health confirms that the applicant has not been convicted of, or found civilly liable for, an animal cruelty offense.
c. No existing employee or provisional employee at an animal-related enterprise shall be left alone as the only person caring for an animal until the investigation required by subsection a. of this section is complete and the results confirm that such person is not disqualified from employment on the basis of a conviction, or finding of civil liability, for an animal cruelty offense.
d. (1) The owner or operator of an animal-related enterprise shall provide the Commissioner of Health with the name and address of each existing employee and each provisional employee at the enterprise. The owner or operator shall submit such identifying information within two weeks after a person commences provisional employment pursuant to subsection b. of this section, or, for existing employees, within 90 days after the date of enactment of this act.
(2) In addition, and as deemed necessary for the purposes of determining the continuing employment eligibility of non-provisional employees in accordance with this act, the owner or operator of an animal-related enterprise may request and receive from the commissioner, periodic follow-up reviews of the list established pursuant to section 3 of P.L.1983, c.525 (C.4:19-15.16a), in order to determine the inclusion thereon of any non-provisional employee.
f. If an existing employee or provisional employee refuses to comply with the investigation required by subsection a. of this section; or if a non-provisional employee refuses to comply with any follow-up investigation authorized by paragraph (2) of subsection e. of this section, the owner or operator of the animal-related enterprise shall immediately terminate the person's employment at the animal-related enterprise.
g. Any person who is disqualified from employment pursuant to this act shall be entitled to reapply for employment at an animal-related enterprise if the disqualifying conviction or finding of civil liability is reversed.
4. The Commissioner of Health shall complete the investigation required by subsection a. of section 3 of this act, and shall notify the applicant and the owner or operator of the animal-related enterprise of the results of the investigation, in writing, within 60 days after the receipt of the applicant's name and address, which have been submitted in accordance with subsection d. of section 3 of this act, or as soon thereafter as may be reasonably practicable. The written notice shall: (1) expressly identify any offenses which constitute the basis for disqualification; and (2) afford the applicant the opportunity for a hearing, in the manner provided for contested cases pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to contest the employee's inclusion on the ineligibility list, or in order to challenge the offense history that was used by the commissioner to support the employee's inclusion on the list.
5. Section 3 of P.L.1983, c.525 (C.4:19-15.16a) is amended to read as follows:
3. a. The Commissioner of Health shall, within 120 days after the effective date of P.L.1983, c.525, and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations concerning the training and educational qualifications for the certification of animal control officers, including, but not limited to, a course of study approved by the commissioner and the Police Training Commission, in consultation with the New Jersey Certified Animal Control Officers Association, which acquaints a person with:
(1) The law as it affects animal control, animal welfare, and animal cruelty;
(2) Animal behavior and the handling of stray or diseased animals;
(3) Community safety as it relates to animal control; and
(4) The law enforcement methods and techniques required for an animal control officer to properly exercise the authority to investigate and sign complaints and arrest without warrant pursuant to section 8 of P.L.1997, c.247 (C.4:19-15.16c), including, but not limited to, those methods and techniques which relate to search, seizure, and arrest. The training in law enforcement methods and techniques described pursuant to this paragraph shall be part of the course of study for an animal control officer only when required by the governing body of a municipality pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b).
Any person 18 years of age or older may satisfy the courses of study established pursuant to this subsection at that person's own time and expense; however, nothing in this section shall be construed as authorizing a person to exercise the powers and duties of an animal control officer absent municipal appointment or authorization pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b).
b. (1) The commissioner shall provide for the issuance of a certificate to a person who possesses, or acquires, the training and education required to qualify as a certified animal control officer pursuant to paragraphs (1) through (3) of subsection a. of this section and to a person who has been employed in the State of New Jersey in the capacity of, and with similar responsibilities to those required of, a certified animal control officer pursuant to the provisions of P.L.1983, c.525, for a period of three years before January 17, 1987. The commissioner shall not issue a certificate to any person convicted of, or found civilly liable for, a 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] a certificate , issued pursuant to subsection b. of this section, 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.2012, c.17, s.8)
6. This act shall take effect immediately.
STATEMENT
This bill, designated as "Moose's Law," would prohibit a person from: (1) commencing, operating, applying for employment at, or participating in any capacity in, an animal-related enterprise, or (2) acquiring or owning any domestic companion animal, if that person has been convicted of, or found civilly liable for, an animal cruelty offense in this State or in any other state or jurisdiction.
"Animal-related enterprise" would be defined by the bill to mean any for-profit or non-profit industry, business, enterprise, or endeavor that requires or involves hands-on contact or other direct interaction with animals, including, but not limited to: a zoo, aquarium, or other animal exhibition; an animal care or veterinary operation; an animal training operation; an animal breeding operation; an animal shelter or pound; an animal kennel or boarding operation; a pet shop; an animal adoption or sales service; or an animal transport service. Any person who violates the bill's prohibitions would be guilty of a disorderly persons offense.
Upon a person's conviction, or finding of civil liability, for an animal cruelty offense, the bill would require the court to order the forfeiture of any domestic companion animal owned by the offender, or, if determined to be appropriate, to appoint a receiver to whom ownership and custody of the animal would be transferred. The bill would specify, however, that the court may not appoint as a receiver, any person who shares a place of residence with the offender.
Pursuant to the bill's provisions, the owner or operator of an animal-related enterprise would also be prohibited from employing any person at the enterprise unless the Commissioner of Health has first determined that the person is not identified on the list of persons who are ineligible to be certified animal control officers on the basis of their conviction or finding of civil liability for an animal cruelty offense.
The bill would authorize an animal-related enterprise to provisionally employ a person for a period not exceeding 90 days, pending the results of this investigation. Continued, non-provisional employment, however, would be contingent upon the completion of the investigation, and would be authorized only if the commissioner determines that the person has not been convicted of, or found civilly liable for, an animal cruelty offense. No employee would be authorized to be left alone with an animal until the investigation has been performed and the commissioner confirms the absence of disqualifying convictions or civil violations.
The bill would require the owner or operator of an animal-related enterprise to submit an employee's name and address to the commissioner, within two weeks after a person commences provisional employment, or, for persons employed at the enterprise on the date of this bill's enactment, within 90 days after the date of enactment. The commissioner would be required to complete his investigation within 60 days after receipt of the necessary identifying information, or as soon thereafter as may be reasonably practicable.
In order to determine the continuing employment eligibility of non-provisional employees - i.e., employees who have undergone the investigation required by the bill and who have been qualified for on-going employment due to a lack of disqualifying animal cruelty offense violations - the owner or operator would also be authorized to request the commissioner to undertake periodic follow-up reviews of the list maintained thereby, in order to determine the inclusion thereon of any non-provisional employee at the enterprise.
This bill was drafted in response to an incident that took place in the State. In July 2012, Moose the dog jumped a fence at his Delran home and was missing for over a month before a woman - a self-proclaimed dog trainer - returned his dead body to the owners, claiming she had found him dead along the road. It has been alleged, however, that the woman actually found the dog alive and kidnapped the dog, giving it to another set of owners in Pennsylvania and contracting with the new owners to train the dog. The woman then allegedly left the dog in a hot car, causing his death.
Various concerned citizens have indicated that, under the current law, the woman in Moose's case could continue to work as a dog trainer and own her own pets even if she is convicted of animal cruelty - thereby placing other animals and animal owners at risk. The bill would address these concerns by: (1) prohibiting animal cruelty offenders from engaging in pet ownership or animal-related employment; (2) criminalizing such behavior and requiring the forfeiture or transfer of any pets owned by such an offender; and (3) giving animal-related enterprises the tools and authorizations necessary to investigate their employees' criminal and civil offense histories, in order to ensure and verify that animal cruelty offenders are not being employed at these businesses.
