Bill Text: NJ S3295 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires kennels and veterinary facilities to provide for supervision of dogs, training of employees, and maintenance of certain records; designated as "Daisy's Law."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-01-15 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S3295 Detail]
Download: New_Jersey-2018-S3295-Introduced.html
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Requires kennels and veterinary facilities to provide for supervision of dogs, training of employees, and maintenance of certain records; designated as "Daisy's Law."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the supervision of dogs at kennels and veterinary facilities, designated as Daisy's Law, amending and supplementing P.L.1941, c.151, 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) a. Each kennel in the State shall:
(1) provide for the direct supervision of any indoor or outdoor common play area whenever two or more dogs are present in the common play area at the same time;
(2) keep a record of each time a dog is released from or returned to its cage or other enclosure. The record shall be maintained on-site at the kennel for at least one year from the date the dog is discharged from the kennel, and made available upon request to the dog's owner, the Department of Health, the municipality licensing the kennel, or the relevant local health authority;
(3) develop and implement a training program for all employees of the kennel who handle or provide care for dogs or who supervise staff handling or providing such care. The training program shall include a review of the provisions of this section, the provisions of P.L.1941, c.151 (C.4:19-15.1 et seq.) that are applicable to kennels, the rules and regulations adopted pursuant thereto, and the proper implementation of these laws, rules, and regulations in kennels; and
(4) post a sign in a conspicuous location at or near the entrance to the kennel, in no less than 24-point font, which states: "THIS KENNEL IS REQUIRED TO COMPLY WITH THE SUPERVISION, RECORD KEEPING, AND EMPLOYEE TRAINING REQUIREMENTS OF P.L. , c. (C. ) (pending before the Legislature as this bill), ALSO KNOWN AS 'DAISY'S LAW.'"
b. Within 90 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), each kennel in the State shall file a written certification with the clerk or other official designated to license dogs in the municipality where the kennel is located certifying that the kennel is in compliance with the requirements of this section.
c. The Department of Health, local health authorities, and municipalities shall have authority to enforce the provisions of this section and any rules and regulations adopted pursuant thereto. A kennel that fails to submit the certification required pursuant to subsection b. of this section or to comply with the provisions of this section or any rules and regulations adopted pursuant thereto shall be subject to a fine of up to $100 for each offense. If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense. Any penalty imposed pursuant to this section may be collected, with costs, in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section.
d. The Department of Health shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such rules and regulations as may be necessary to effectuate the purposes of this act.
2. 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 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 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. In the case of a kennel, the application shall also contain a written certification from the owner or operator of the kennel that the kennel is in compliance with the requirements of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) or the date by which it will be in compliance. No license may be issued to the kennel until the date on which it is in compliance.
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 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 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.
(cf: P.L.2012, c.17, s.5)
3. (New section) a. Each veterinary facility in the State shall:
(1) provide for the direct supervision of any indoor or outdoor common play area whenever two or more dogs are present in the common play area at the same time;
(2) keep a record of each time a dog is released from or returned to its cage or other enclosure. The record shall be maintained on-site at the veterinary facility for one year from the date the dog is discharged from the facility, and made available to the dog's owner or the State Board of Veterinary Medical Examiners upon request;
(3) develop and implement a training program for all employees of the veterinary facility who handle, treat, or provide care for dogs held at the facility, and any employee supervising staff providing such treatment or care. The training shall include a review of the provisions of this section and any other laws, rules, or regulations governing the supervision and safety of dogs at such facilities and the proper implementation of such laws, rules, and regulations at these facilities; and
(4) post a sign in a conspicuous location at or near the entrance to the veterinary facility, in no less than 24-point font, which states: "THIS VETERINARY FACILITY IS REQUIRED TO COMPLY WITH THE SUPERVISION, RECORD KEEPING, AND EMPLOYEE TRAINING REQUIREMENTS OF P.L. , c. (C. ) (pending before the Legislature as this bill), ALSO KNOWN AS 'DAISY'S LAW.'"
b. Within 90 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), each veterinary facility in the State shall file a written certification with the State Board of Veterinary Medical Examiners certifying that the facility is in compliance with the requirements of this section.
c. A veterinarian who fails to submit the certification required pursuant to subsection b. of this section or to comply with the provisions of this section or the rules and regulations adopted pursuant thereto shall be subject to a public reprimand by the State Board of Veterinary Medical Examiners and any other penalties the board may determine appropriate.
d. The State Board of Veterinary Medical Examiners shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such rules and regulations as may be necessary to effectuate the purposes of this act.
e. As used in this section:
"Domestic companion animal" means any animal commonly referred to as a "pet," which 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.
"Veterinarian" means any person engaged in the licensed practice of veterinary medicine as defined by R.S.45:16-8.1.
"Veterinary facility" means any place or establishment, operated on a for-profit basis, where a domestic companion animal, which is not owned by either the proprietor or care-giving veterinarian, is treated, temporarily sheltered, fed, and watered for the purpose of providing veterinary care. "Veterinary facility" shall include, but need not be limited to, an animal or veterinary facility as defined in section 1 of P.L.1983, c.98 (C.45:16-1.1).
4. This act shall take effect immediately.
STATEMENT
This bill would require kennels and veterinary facilities to provide for the supervision of dogs, training of employees, and maintenance of certain records.
Specifically, under the bill, kennels and veterinary facilities in the State would be required to:
(1) provide for the direct supervision of any indoor or outdoor common play area whenever two or more dogs are present in that area at the same time;
(2) keep a record of each time a dog is released from or returned to its cage or enclosure, which must be maintained for at least one year, and made available upon request to the dog's owner and relevant governmental authorities;
(3) develop and implement a training program for all employees of the kennel or veterinary facility who handle or provide care for dogs or who supervise staff handling or providing such care. The training would include a review of the provisions of this bill, other laws, rules, and regulations applicable to kennels or veterinary facilities, and the proper implementation of these laws, rules, and regulations; and
(4) post a sign in a conspicuous location at or near the entrance to the kennel or veterinary facility indicating that the kennel or veterinary facility is required to comply with the supervision, record keeping, and employee training requirements of this bill.
Within 90 days after the effective date of this bill, each kennel and veterinary facility would be required to file a written certification with appropriate authorities that the kennel or veterinary facility is in compliance with the requirements of the bill. Additionally, an application for a license to keep or operate a kennel must contain a written certification that the kennel is or will be in compliance with the requirements of the bill. A license would not be issued until the date on which the kennel is in compliance. An operating kennel that fails to submit the certification or to comply with the provisions of the bill would be subject to a fine of up to $100, and each day during which the violation continues would be a separate offense. A veterinarian who fails to submit the required certification or to comply with the provisions of the bill would be subject to a public reprimand by the State Board of Veterinary Medical examiners and any other penalties the board may determine appropriate.
This bill is named "Daisy's Law" in memory of Daisy, a Shih Tzu who was brutally attacked and killed by a larger dog in the common play area of a veterinary facility in New Jersey. The dogs were unsupervised at the time of the attack, and adequate supervision, record keeping, and training of staff may have prevented what took place at the veterinary facility.
