A3303 1R

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 ¹[Superintendent of State Police and]¹ Commissioner of Health, pursuant to section ¹[5] 4¹ 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. ¹[No] Except as may be otherwise provided by subsection d. of this section, no¹ person who is convicted of, or found civilly liable for, an animal cruelty offense shall ¹:

(1)¹ commence, operate, apply for employment at, or participate in any capacity in, an animal-related enterprise ¹[,] ;¹ or

¹(2)¹ acquire or own any domestic companion animal ¹[subsequent to the date of the person’s conviction or finding of civil liability for such offense]for the period of time specified by the court pursuant to subsection c. of this section¹ .

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 ¹:

(1)¹ 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 ¹; and

(2) order the offender to refrain from acquiring or owning any domestic companion animal for: (a) a period of not less than two years following the date of the offender’s conviction or finding of civil liability for the present offense, or following the date of the offender’s release from incarceration for the present offense, whichever is later; (b) the duration of the probationary period imposed by the court for the present offense, if that period will last for two years or longer; or (c) any more extended period of time, which the court, in its discretion, determines to be appropriate based on the nature and severity of the offense and the offender’s prior animal cruelty offense history¹ .

No person who shares a place of residence with the offender shall be appointed as a receiver pursuant to ¹paragraph (1) of¹ this subsection.

¹d. The provisions of paragraph (1) of subsection a. of this section shall not apply to any person who engages in community service at an animal-related enterprise in compliance with a court order issued pursuant to R.S.4:22-17.¹

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.

¹[f.] e.¹ 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 ¹[e.] d.¹ of this section, the owner or operator of the animal-related enterprise shall immediately terminate the person’s employment at the animal-related enterprise.

¹[g.] f.¹ 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. ¹The commissioner shall also post the list, together with a statement identifying the list’s proper use and purpose, at a publicly accessible and readily identifiable location on the Department of Health’s Internet website.¹

(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 ¹and post a copy of the revised list at a publicly accessible and readily identifiable location on the Department of Health’s Internet website¹ within 30 days after receipt of any notice.

(cf: P.L.2012, c.17, s.8)

6. This act shall take effect immediately.