Bill Text: NJ A1698 | 2020-2021 | Regular Session | Introduced


Bill Title: Creates rights of action for pecuniary damages against person committing certain harm to domestic companion animal.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly Agriculture Committee [A1698 Detail]

Download: New_Jersey-2020-A1698-Introduced.html

ASSEMBLY, No. 1698

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 


 

Sponsored by:

Assemblyman  JOHN J. BURZICHELLI

District 3 (Cumberland, Gloucester and Salem)

 

 

 

 

SYNOPSIS

     Creates rights of action for pecuniary damages against person committing certain harm to domestic companion animal.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning liability for harm to domestic companion animals and supplementing Titles 4 and 45 of the Revised Statutes. 

 

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

 

     1.    A person who owns a domestic companion animal that has been subjected to an act of animal cruelty, resulting in the death of or injury to the animal, for which the person committing that act has been found guilty of, or civilly liable for, violating an animal cruelty law of the State, may bring a civil action in a court of competent jurisdiction for pecuniary damages against the person committing the act of cruelty.  Pecuniary damages may include, but need not be limited to, the economic value of the animal, replacement value of the animal, breeding potential of the animal, veterinary expenses incurred by the owner in treating the animal, reasonable burial or cremation expenses, reimbursement of animal training expenses, any unique or special value of the animal, such as if the animal is a guide or service animal, and lost wages incurred by the owner due to the loss of or injury to the animal.  Any such action may be brought only by the person who was the owner of the animal at the time the act of animal cruelty was committed and shall be commenced within one year after the date of conviction, or entry of judgment, for the act of cruelty. 

     For the purposes of this section, "domestic companion animal" means an animal commonly referred to as a pet that lives in the household, and 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.  "Domestic companion animal," for the purposes of this section, shall not include domestic livestock as defined in section 1 of P.L.1995, c.311 (C.4:22-16.1), animals used for biomedical research purposes, or animals used in activities regulated by the federal "Animal Welfare Act," 7 U.S.C. s.2131 et seq.

 

     2.    A person who owns a domestic companion animal that the person believes has been subjected to veterinary malpractice, resulting in the death of or injury to the animal, may bring a civil action in a court of competent jurisdiction for pecuniary damages against the veterinarian allegedly committing the veterinary malpractice.  Pecuniary damages may include, but need not be limited to, the economic value of the animal, replacement value of the animal, breeding potential of the animal, veterinary expenses incurred by the owner in treating the animal, reasonable burial or cremation expenses, reimbursement of animal training expenses, any unique or special value of the animal, such as if the animal is a guide or service animal, and lost wages incurred by the owner due to the loss or disability of the animal.  Any such action may be brought only by the person who was the owner of the animal at the time the alleged veterinary malpractice took place, and shall be commenced within two years after the cause of action for veterinary malpractice has accrued. 

     For the purposes of this section, "domestic companion animal" means an animal commonly referred to as a pet that lives in the household, and 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.  "Domestic companion animal," for the purposes of this section, shall not include domestic livestock as defined in section 1 of P.L.1995, c.311, (C.4:22-16.1), animals used for biomedical research purposes, or animals used in activities regulated by the federal "Animal Welfare Act," 7 U.S.C. s.2131 et seq.

 

     3.    This act shall take effect immediately. 

 

 

STATEMENT

 

     This bill would create statutory rights of action for pecuniary damages against persons committing certain acts of harm to domestic companion animals.

     Specifically, under the bill, a person who owns a domestic companion animal that has been subjected to an act of animal cruelty, resulting in the death of or injury to the animal, for which the person committing the act has been found guilty of, or civilly liable for, violating an animal cruelty law of the State, may bring a civil action for pecuniary damages against the person committing the act of cruelty.  Additionally, the owner of a domestic companion animal that the owner believes has been subjected to veterinary malpractice, resulting in the death of or injury to the animal, may bring a civil action for pecuniary damages against the veterinarian allegedly committing the veterinary malpractice.  In the case of animal cruelty, the owner would have one year after the date of conviction, or entry of judgment, for the act of cruelty to bring the suit for pecuniary damages.  In the case of alleged veterinary malpractice, the owner would have two years after the cause of action for veterinary malpractice has accrued. 

     Under the bill, pecuniary damages would include, but need not be limited to:  the economic value of the animal, replacement value of the animal, breeding potential of the animal, veterinary expenses incurred by the owner in treating the animal, reasonable burial or cremation expenses, reimbursement of animal training expenses, any unique or special value of the animal, such as a guide or service animal, and lost wages incurred by the owner due to the loss or disability of the animal.  "Domestic companion animal is defined as an animal commonly referred to as a pet that lives in the household, and 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.  "Domestic companion animal" would not include domestic livestock, animals used for biomedical research purposes, or animals used in activities regulated by the federal "Animal Welfare Act."

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