Bill Text: NJ S2220 | 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: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2014-01-13 - Substituted by A3303 (3R) [S2220 Detail]
Download: New_Jersey-2012-S2220-Introduced.html
Sponsored by:
Senator DIANE B. ALLEN
District 7 (Burlington)
SYNOPSIS
Prohibits animal cruelty violators from working at, or owning or operating, an animal-related enterprise; designated as "Moose's Law."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning animal cruelty violators and animal-related enterprises, 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 who submits to an animal-related enterprise the documentation required by subsection d. of section 3 of this act.
"Commissioner" means the Commissioner of Health.
"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.
"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.
"Superintendent" means the Superintendent of State Police.
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 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.
3. a. The owner or operator of an animal-related enterprise shall not employ any person at the enterprise unless: (1) the owner or operator of the animal-related enterprise has first determined, in accordance with the provisions of section 4 of this act, that the person is not identified on the list, established and maintained by the Commissioner of Health 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; and (2) the Superintendent of State Police has first determined, consistent with the requirements and standards of this act, that no criminal history record information exists on file in the Federal Bureau of Investigation, or in the Division of State Police, which would disqualify that person from engaging in employment at the animal-related enterprise.
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 investigations required by subsection a. of this section. Continued, non-provisional employment shall be contingent upon the completion of the investigations required by subsection a. of this section, and shall be authorized only if the results of these investigations confirm 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 investigations required by subsection a. of this section are 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 require every existing employee and provisional employee to:
(a) provide their name, address, and fingerprints to the animal-related enterprise; and
(b) sign a written consent form authorizing the Superintendent of State Police to perform a criminal history record background check in accordance with the provisions of this act.
(2) The owner or operator of an animal-related enterprise shall obtain the documentation required by this subsection, and shall submit copies of this documentation to the superintendent, 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.
e. As is deemed to be 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: (a) request and receive from the superintendent, periodic follow-up results of criminal history record background checks for any non-provisional employee at the enterprise; or (b) engage in periodic follow-up reviews of the list established and maintained by the commissioner, 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. The cost of any criminal history record background check required by this act, or of any follow-up criminal history record background check authorized pursuant to subsection e. of this section, including all administrative and processing charges, shall be borne by either the applicant or the animal-related enterprise.
g. If an existing employee or provisional employee refuses to submit the information required by subsection d. of this section, or otherwise fails to consent to, or cooperate in, the investigations required by subsection a. of this section; or if a non-provisional employee fails to consent to, or cooperate in, any follow-up investigation authorized by 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.
h. 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. a. 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, the owner or operator of an animal-related enterprise shall: (1) review the list, which is posted on the Internet website of the Department of Health, of persons who are ineligible to be certified animal control officers; and (2) confirm that the name of the existing employee or provisional employee is not included on that list.
b. (1) The owner or operator of the animal-related enterprise shall sign a certification verifying the owner or operator's compliance with the provisions of subsection a. of this section. A copy of the signed certification shall be maintained in the employment file of the provisional employee or existing employee for the duration of the person's employment, and for a period of one year following the date of termination of the person's employment.
(2) Any person who violates the provisions of paragraph (1) of this subsection, or who falsifies any information contained in a certification that is completed or maintained pursuant to this subsection, shall be guilty of a disorderly persons offense.
c. If the owner or operator of an animal-related enterprise determines that the name of an existing employee or provisional employee is included on the list of persons who are ineligible to be certified animal control officers, the owner or operator of the animal-related enterprise shall notify the existing employee or provisional employee, in writing, of their disqualification from employment on this basis. The written notice shall afford the existing employee or provisional employee the opportunity to request 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 list, or to challenge the offense history that was used by the Department of Health to support the employee's inclusion on the list. The notice shall specify that any such hearing request shall be submitted, in writing, to the Commissioner of Health.
5. a. The Superintendent of State Police is authorized to exchange fingerprint data with, and receive criminal history record information for use by animal-related enterprises from, the Federal Bureau of Investigation; the Division of State Police; and any other law enforcement agencies and jurisdictions as may be necessary for the purposes of this act.
b. Consistent with applicable State and federal laws, rules, and regulations, the superintendent shall compare fingerprints submitted under subsection d. of section 3 of this act with fingerprints on file in the Federal Bureau of Investigation, and in the Division of State Police, in order to determine whether the applicant's criminal history record reveals a disqualifying conviction for an animal cruelty offense.
c. The superintendent 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 documentation 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 criminal history record information or other information that was used to support disqualification.
6. 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 , and post on its Internet website, 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)
7. Section 6 of this act shall take effect immediately and the remainder of this act shall take effect on the 45th day after the date of enactment.
STATEMENT
This bill, designated as "Moose's Law," would prohibit a person from commencing, operating, applying for employment at, or participating in any capacity in, an animal-related enterprise 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 prohibition would be guilty of a disorderly persons offense.
Pursuant to the bill's provisions, the owner or operator of an animal-related enterprise would be prohibited from employing any person at the enterprise unless: (1) the owner or operator of the animal-related enterprise has first determined that the person is not identified on the list, established by the Commissioner of Health pursuant to N.J.S.A.4:19-15.16a, of persons who are ineligible to be certified animal control officers; and (2) the Superintendent of State Police has first determined that no criminal history record information exists, which would disqualify that person from engaging in such employment. The bill would amend N.J.S.A.4:19-15.16a to clarify that the Commissioner of Health must include on the list of persons who are ineligible to be certified animal control officers the name of any person who has been convicted of, or found civilly liable for, an animal cruelty offense, whether or not the person has been previously certified to act as an animal control officer. The bill would also require the commissioner to post this list on its Internet website.
The bill would authorize an animal-related enterprise to provisionally employ a person for a period not exceeding 90 days, pending the results of the investigations required by the bill. Continued, non-provisional employment, however, would be contingent upon the completion of the investigations, and would be authorized only if the results of these investigations confirm that the applicant 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 investigations have been performed and the absence of disqualifying convictions or civil violations has been confirmed.
The bill would require any provisional employees and any persons who are employed at an animal-related enterprise on the date of this bill's enactment, to submit their name, address, and fingerprints to the enterprise and sign a consent form authorizing the undertaking of a criminal history record background check. The owner or operator of an animal-related enterprise would be required to submit this documentation to the Superintendent of State Police 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 superintendent would be required to complete the criminal record history background check within 60 days after receipt of the necessary documentation, or as soon thereafter as may be reasonably practicable.
The bill would require the owner or operator of an animal-related enterprise to review the list, which has been posted on the Internet website of the Department of Health, of persons who are ineligible to be certified animal control officers, and confirm that the name of the existing employee or provisional employee is not included on that list, within two weeks after a person commences provisional employment, or, for existing employees, within 90 days after the date of the bill's enactment. The owner or operator of the animal-related enterprise would be required to sign a certification verifying their compliance with this provision, and the bill would require a copy of the signed certification to be maintained in the employee's employment file for the duration of the person's employment, and for a period of one year following the date of termination of the person's employment. Any owner or operator who fails to review the list maintained by the Department of Health, or who falsifies any information contained in a certification, would be guilty of a disorderly persons offense.
In order to determine the continuing employment eligibility of non-provisional employees - i.e., employees who have already undergone the investigations required by the bill and who have been qualified for on-going employment due to a lack of disqualifying animal cruelty offense violations - the bill would authorize the owner or operator of an animal-related enterprise to: (1) request the undertaking of periodic follow-up criminal history record background checks for any non-provisional employee; and (2) undertake periodic follow-up reviews of the list of persons who are ineligible to be certified animal control officers, to determine the inclusion thereon of any non-provisional employee. The costs of any criminal history record background check, including any follow-up check, would be borne either by the person who is the subject of the check or by the animal-related 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 even if she is convicted of animal cruelty - thereby placing other animals and animal owners at risk. The bill would address this concern by: (1) prohibiting animal cruelty offenders from becoming involved or continuing their involvement in animal-related industries; (2) establishing a criminal offense for such behavior; 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.
