Bill Text: NJ S242 | 2018-2019 | Regular Session | Introduced
Bill Title: Establishes process for recovering cost of caring for animals involved in animal cruelty violations.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2018-05-31 - Transferred to Senate Environment and Energy Committee [S242 Detail]
Download: New_Jersey-2018-S242-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
SYNOPSIS
Establishes process for recovering cost of caring for animals involved in animal cruelty violations.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning cost of care for animals involved in animal cruelty violations, and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Whenever an individual is charged in any action alleging an animal cruelty violation pursuant to chapters 19 or 22 of Title 4 of the Revised Statutes, Title 2C of the New Jersey Statutes, or any other State animal cruelty law, and an animal is impounded as a result thereof, the custodial animal care agency shall issue, no later than seven days after the animal has been impounded, a custodial care notice. The custodial care notice shall be in writing, sent to the individual charged via certified mail return receipt requested, and shall include:
(1) the name, business address, and telephone number of the shelter, pound, kennel, or animal care facility;
(2) a description of the animal impounded, including a veterinarian's assessment of the animal's condition and needs;
(3) an itemized accounting of the actual costs of caring for the animal for the first seven days of impoundment;
(4) an itemized accounting of all the projected reasonable costs for each 30-day period during which the animal may be impounded thereafter;
(5) a statement that the individual charged may within 10 business days after receiving the notice pay the amount set forth in the notice or request a hearing in the court with jurisdiction over the disposition of the alleged animal cruelty violation to contest the reasonableness and amount set forth in the notice; and
(6) a statement that the reasonable estimated veterinary care and related costs such as medicine and vaccinations, and the cost of food, water, and bedding as set forth in the notice or, if contested, as determined by the court, is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid.
b. (1) The custodial animal care agency shall quantify the actual costs of caring for the animal for the first seven days of impoundment, and the amount of the projected reasonable costs for each 30-day period during which the animal may be impounded thereafter, and shall include these amounts in the custodial care notice. These costs shall include, but need not be limited to, reasonable and necessary veterinary care and related costs such as medicine and vaccinations, and the cost of food, water, and bedding.
(2) The individual charged with the alleged animal cruelty violation may within 10 business days after receiving the notice:
(a) pay the amount set forth in the notice and every 30 days thereafter, until full and final disposition of the animal cruelty violation; or
(b) request a hearing in the court with jurisdiction over the disposition of the alleged animal cruelty violation to contest the reasonableness and amount set forth in the notice.
(3) The custodial animal care agency shall bear the burden of establishing that the amount set forth in the notice is correct and reasonable. The factors the court may consider include, but are not limited to:
(a) reasonable estimated veterinary care and related costs such as medicine and vaccinations;
(b) the cost of food, water, and bedding;
(c) the particular facts and circumstances; and
(d) the individual's ability to pay.
(4) The animal shall be deemed abandoned and ownership of the animal shall revert to the custodial animal care agency where the animal was impounded, if the custodial animal care agency has acquired proof that the custodial care notice was served and the individual fails:
(a) within 10 business days of receipt of the notice to either pay the custodial care agency the amount requested in the custodial care notice or request a hearing to contest the amount; or
(b) fails to pay the accepted costs set forth in the notice every 30 days thereafter until full and final disposition of the animal cruelty violation.
(5) Upon becoming the owner of the animal, the custodial animal care agency may offer the animal for adoption or otherwise address disposition of the animal as it would with any animal left unclaimed for more than seven days at a shelter, pound, or kennel operating as a shelter or pound pursuant to section 16 of P.L.1941, c.151 (C.4:19-15.16).
c. No animal may be sold, euthanized, offered for adoption, or otherwise disposed of by the custodial animal care agency, if the owner of the animal pays the accepted costs or the costs established pursuant to subsection b. of this section, except that no provision of this section shall prohibit the immediate euthanizing of an animal if, in the opinion of a licensed veterinarian, the animal is experiencing intractable and extreme pain and is beyond any reasonable hope of recovery. If the animal is euthanized, the individual charged with the alleged animal cruelty violation shall be liable for all costs of providing care for, and disposal of, the animal.
d. Upon final disposition of the alleged animal cruelty violation, if the owner of the animal repossesses it, any unexpended amount paid to the shelter, pound, kennel, or animal care facility by the owner shall be returned to the owner of the animal.
e. Upon the conclusion of any matter in which the animal is to be returned to the owner, any and all unpaid reasonable costs for the animal's veterinary care and related costs such as medicine and vaccinations, and the cost of food, water, and bedding as set forth in the notice or, if contested, as determined by the court is a lien on the animal and the animal shall not be removed from impoundment and returned to the owner until the lien is paid.
f. If the individual charged is found guilty, pleads guilty, or is found liable for a civil penalty, in addition to any other fines or monetary penalties, the individual shall be responsible for all of the reasonable costs of the animal's veterinary care and related costs such as medicine and vaccinations, and the cost of food, water, and bedding as set forth in the notice or, if contested, as determined by the court.
g. For the purposes of this section:
"Accepted costs" mean the costs set forth in the custodial care notice issued pursuant to subsection a. of this section, which are not contested pursuant to subsection b. of this section.
"Animal care facility" means an animal rescue organization facility as defined in section 1 of P.L.1941, c.151 (c.4:19-15.1), and a humane society or other organization that has temporary custody of the animal.
"Custodial animal care agency" means the shelter, pound, kennel, or animal care facility at which an animal is impounded, pending disposition of an alleged animal cruelty violation and ownership of the animal.
"Owner" means the person who has the primary right of property in an animal and is in possession of the animal.
2. This act shall take effect immediately.
STATEMENT
This bill provides for the cost of care for some animals involved in animal cruelty violations and establishes a procedure, when the owner is the alleged violator, for the owner of the animal to pay for the cost of care of the animal. Specifically, the bill provides for:
1) the shelter, pound, kennel, or animal care facility at which the animal is impounded to issue, no later than seven days after the animal has been impounded, a custodial care notice with the information required in subsection a. of section 1 of the bill, including an itemized accounting of the actual costs of caring for the animal during the first seven days of impoundment;
2) the individual charged with these costs to pay the amount set forth in the notice and every 30 days thereafter until the full and final disposition of the animal cruelty violation or request a court hearing to contest the reasonableness of the specified expenses;
3) the shelter, pound, kennel or animal care facility where the animal is impounded to assume ownership of the animal if no hearing is requested and the individual does not pay the expenses as required under the bill; and
4) upon assuming ownership, the shelter, pound, kennel or animal care facility is authorized to address the status of the animal as it would any other impounded animal pursuant to section 16 of P.L.1941, c.151 (C.4:19-15.16).
The bill also prohibits any impounded animal to be sold, euthanized, offered for adoption or otherwise disposed of by the shelter, pound, kennel or animal care facility if the owner pays for the expenses of care, unless, in the opinion of a licensed veterinarian, the animal is experiencing intractable and extreme pain and is beyond any reasonable hope of recovery. In such a case, the bill allows for the immediate euthanizing of the animal and the individual charged held liable for all costs of providing care for, and disposal of, the animal.
Furthermore, the bill requires, if the animal is returned to the owner who has paid for expenses, that any amount paid to the shelter, pound, kennel or animal care facility that is unexpended be returned to the owner. Finally, the bill directs the court to establish any unpaid expenses as a lien on the animal and no animal may be returned to its owner until the lien is paid.
