A3157

An Act establishing the Low-Cost Spay/Neuter Clinic Program, amending P.L.1983, c.181 and P.L.1995, c.145, supplementing Title 4 of the Revised Statutes, and repealing P.L.1983, c.180 (C.4:19A-10 et seq.).

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

1. (New section) a. There is established in the Department of Health and Senior Services the Low-Cost Spay/Neuter Clinic Program. The department shall implement the program by awarding grants to nonprofit organizations to establish and maintain spay/neuter clinics throughout the State, owned and operated by the nonprofit organization, to provide low-cost spaying and neutering services to owners of cats and dogs in the State. The program shall be funded by the "Low-Cost Spay/Neuter Clinic Fund," established pursuant to subsection b. of this section.

b. There is hereby established the "Low-Cost Spay/Neuter Clinic Fund," which shall be separate from the General Fund, and shall be administered by the Commissioner of Health and Senior Services. All fees collected pursuant to section 1 of P.L.1983, c.181 (C.4:19-15.3c) shall be deposited in the Low-Cost Spay/Neuter Clinic Fund. Any interest or other investment income earned from monies deposited in the fund shall accrue and be credited to the fund. All moneys in the fund shall be used by the commissioner to fund the Low-Cost Spay/Neuter Clinic Program by awarding grants to nonprofit organizations owning and operating clinics to provide low-cost spaying and neutering services to owners of cats and dogs throughout the State.

c. When providing grants pursuant to this section, the commissioner shall give priority first to a nonprofit organization that operated as a pilot clinic pursuant to P.L.1983, c.180 (C.4:19A-10 et seq.).

d. The commissioner shall not impose any restrictions or requirements on nonprofit organizations receiving a grant pursuant to this section with regard to fees, services, client eligibility, hiring, advertising, facility use and maintenance, and the use of private funding raised or otherwise received by the nonprofit organization.

e. The Department of Health and Senior Services shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing any procedures necessary for processing grants for nonprofit organizations, and any other provisions determined by the department to be necessary for the implementation of this act.

2. Section 1 of P.L.1983, c.181 (C.4:19-15.3c) is amended to read as follows:

1. In addition to the fee charged pursuant to section 3 of P.L.1941, c.151 (C.4:19-15.3) and forwarded to the Department of Health and Senior Services pursuant to section 11 of P.L.1941, c.151 (C.4:19-15.11), any person applying for the license and registration tag pursuant to section 2 of P.L.1941, c.151 (C.4:19-15.2) shall pay an additional fee of $0.20 for any dog.

All fees collected pursuant to the provisions of this section shall be forwarded to the State Treasurer to be placed in the ["Pilot Clinic Fund" created pursuant to P.L.1983, c.180 (C.4:19A-10 et seq.), to be used by the Commissioner of Health for the operation of the animal sterilization pilot clinic established pursuant to that act] “Low-Cost Spay/Neuter Clinic Fund” created pursuant to subsection b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.1983, c.181, s.1)

3. Section 2 of P.L.1995, c.145 (C.4:19A-17) is amended to read as follows:

2. The Domestic Companion Animal Council shall organize as soon as practicable after appointment of its members.

The council shall:

a. Consult with and advise the Commissioner of the Department of Health with respect to the work of the council;

b. Monitor, study and review the activities of the Animal Population Control Program, established pursuant to P.L.1983, c.172 (C.4:19A-1 et seq.), [pilot clinics and funds therefor established pursuant to P.L.1983, c.180 (C.4:19A-10 et seq.),] programs for the control of rabies and other programs related to animals that the council deems relevant to its work, and hold hearings with respect thereto as it may deem necessary or desirable;

c. Report to the Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), annually [,] and at such other times as it may [deem] determine to be in the public interest, with respect to its findings and conclusions.

(cf: P.L.1995, c.145, s.2)

4. P.L.1983, c.180 (C.4:19A-10 et seq.) is hereby repealed.

5. This act shall take effect immediately.

STATEMENT

This bill establishes, in the Department of Health and Senior Services (DHSS), the Low-Cost Spay/Neuter Clinic Program to provide low-cost spaying and neutering services to owners of cats and dogs in the State by awarding grants to nonprofit organizations that would own and operate the clinics. The bill also establishes the "Low-Cost Spay/Neuter Clinic Fund" to fund the program, and repeals the existing State pilot clinic that has been in operation for 27 years. The bill provides that DHSS will administer the fund.

The bill authorizes DHSS to adopt rules and regulations for implementing the program but it is prohibited from imposing restrictions on nonprofit organizations providing services to the Low-Cost Spay/Neuter Clinic Program with regard to fees, services, client eligibility, hiring, advertising, facility use and maintenance, and the use of private funding raised or otherwise received by the nonprofit organization.