Bill Text: NJ S3835 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires transfer of certain excess animal control funds to prosecutors, municipalities, police departments, and Police Training Commission for enforcement of animal cruelty laws and training humane law enforcement officers.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2021-06-01 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S3835 Detail]
Download: New_Jersey-2020-S3835-Introduced.html
Sponsored by:
Senator THOMAS H. KEAN, JR.
District 21 (Morris, Somerset and Union)
SYNOPSIS
Requires transfer of certain excess animal control funds to prosecutors, municipalities, police departments, and Police Training Commission for enforcement of animal cruelty laws and training of humane law enforcement officers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the distribution and use of unexpended animal control funds held in certain State and municipal special accounts, and amending P.L.1941, c.151, P.L.1983, c.181, and P.L.2017, c.189.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 11 of P.L.1941, c.151 (C.4:19-15.11) is amended to read as follows:
11. a. License fees and other moneys collected or received under the provisions of sections 3, 8, 9 and 16 of P.L.1941, c.151 (C.4:19-15.3, C.4:19-15.8, C.4:19-15.9, and C.4:19-15.16), except registration tag fees, shall be forwarded to the treasurer of the municipality within 30 days after collection or receipt and shall be placed in a special account separate from any of the other accounts of the municipality and shall be used for the following purposes only: for collecting, keeping and disposing of dogs liable to seizure under P.L.1941, c.151 (C.4:19-15.1 et seq.) or under local dog control ordinances; for local prevention and control of rabies; for providing antirabic treatment under the direction of the local board of health for any person known or suspected to have been exposed to rabies; for payment of damage to or losses of poultry and domestic animals, except dogs and cats, caused by a dog or dogs; for compliance with the requirements of subsection b. of section 6 of P.L.2017, c.189 (C.4:22-17.6); and for administering the provisions of P.L.1941, c.151 (C.4:19-15.1 et seq.).
b. Any unexpended balance remaining in the special account established pursuant to subsection a. of this section shall be retained therein until the end of the third fiscal year following, and may be used for any of the purposes set forth in subsection a. of this section. [At] Except as otherwise provided by subsection c. of this section, at the end of the third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred, from the special account to the general funds of the municipality, any amount then in the special account which is in excess of the total amount paid into the special account during the last two fiscal years next preceding.
c. (1) At the end of each municipal fiscal year following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), any amount remaining in the special account established pursuant to subsection a. of this section, which is in excess of the total amount paid into the special account during the last two fiscal years next preceding, shall be transmitted to the county prosecutor's office in the county in which the municipality is located.
(2) Of the total amount transmitted to the county prosecutor's office pursuant to paragraph (1) of this subsection, 40 percent shall be retained by the county prosecutor's office and 60 percent shall be equally distributed among, and transmitted to, the various municipalities in the county.
(3) The county prosecutor shall be authorized to provide for the transfer or transmittal of monies received under this subsection to the appropriate accounts or funds, as may be necessary to effectuate the purposes of this subsection.
d. (1) The registration tag fee for each dog shall be forwarded, within 30 days after collection by the clerk or other official designated to license dogs, to the [State] Department of Health, which department shall, in turn, forward the sum to the State Treasurer, who shall place all such moneys in a special account for use only by the [State] Department of Health in administering P.L.1941, c.151 (C.4:19-15.1 et seq.) and for the prevention and control of rabies throughout the State[, and such].
(2) The special account established pursuant to this subsection is hereby declared to be a trust fund, which shall not be subject to legislative appropriation. [At]
(3) Except as otherwise provided by subsection e. of this section, at the end of the third fiscal year following the adoption of P.L.1941, c.151 (C.4:19-15.1 et seq.), and at the end of each fiscal year thereafter, there shall be withdrawn from this trust fund and transferred, to the general funds of the State, any amount then in the trust fund, which is in excess of the total amount paid into the trust fund during the last two fiscal years next preceding.
e. (1) At the end of each State fiscal year following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), any amount in the trust fund established pursuant to subsection d. of this section, which is in excess of the total amount paid into the trust fund during the last two fiscal years next preceding, shall be transmitted to the Superintendent of State Police.
(2) Of the total amount transmitted to the Superintendent of State Police pursuant to paragraph (1) of this subsection: (a) 40 percent shall be retained by the Division of State Police in the Department of Law and Public Safety; (b) 50 percent shall be equally distributed among, and transmitted to, the chief humane law enforcement officer in each county throughout the State, who shall, in turn, equally distribute, and transmit, the monies received thereby to the chief law enforcement officer in each municipality within the county, for use by the municipal humane law enforcement officers appointed by each such municipality pursuant to section 26 of P.L.2017, c.331 (C.4:22-14.2); and (c) 10 percent shall be transmitted to the Law Enforcement Training and Equipment Fund for use by the Police Training Commission.
(3) The Superintendent of State Police and the chief humane law enforcement officer of each county may provide for the transfer or transmittal of monies received under this subsection to the appropriate accounts or funds, as may be necessary to effectuate the purposes of this subsection.
f. Any monies that are transferred from the State or municipal special funds, as provided by subsections c. and e. of this section, except monies that are transferred to the Law Enforcement Training and Equipment Fund pursuant to subsection e. of this section, shall be used by the recipients thereof only for the purposes of offsetting the costs of, and otherwise facilitating and supporting, the enforcement of the State's animal cruelty laws within the county, municipality, or State, as the case may be, including the investigation and prosecution of animal cruelty offenses and the performance of necropsies on deceased animals. Any monies that are transferred to the Law Enforcement Training and Equipment Fund, pursuant to subsection e. of this section, shall be used by the State Police Training Commission only for the purposes of offsetting the costs of, and otherwise facilitating and supporting, the training that is provided to humane law enforcement officers in the State.
(cf: P.L.2017, c.189, s.10)
2. Section 1 of P.L.1983, c.181 (C.4:19-15.3c) is amended to read:
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 pursuant to subsection d. of 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.
(cf: P.L.1983, c. 181, s.1)
3. Section 6 of P.L.2017, c.189 (C.4:22-17.6) is amended to read:
6. a. The Department of Health, in consultation with the Attorney General, shall:
(1) provide to each municipality, in writing, sufficient copies of; (a) [this act] P.L.2017, c.189 (C.4:22-17.1 et seq.), R.S.4:22-17, and R.S.4:22-26; (b) a plain language description of the provisions and requirements thereof; and (c) a plain language description of how to comply with those provisions and requirements; and
(2) post on its website the materials enumerated in paragraph (1) of this subsection.
b. Each municipality shall:
(1) provide the materials enumerated in and provided pursuant to subsection a. of this section, along with any other information deemed relevant by the municipality, to each person obtaining a license for a dog at the time of licensing; and
(2) post on its website the materials enumerated in and provided pursuant to subsection a. of this section.
[The] c. A municipality may pay any cost that is incurred [by] thereby, as a result of complying with the requirements of this subsection [with], using fees that are forwarded to the treasurer of the municipality pursuant to subsection a. of section 11 of P.L.1941, c.151 (C.4:19-15.11).
(cf: P.L.2017, c.189, s.6)
4. This act shall take effect immediately.
STATEMENT
This bill amends current law to provide for certain excess monies collected from animal license fees and other fees imposed under animal control statutes, which are deposited in special accounts established and held by a municipality or by the State, pursuant to section 11 of P.L.1941, c.151 (C.4:15-19.11), to be transmitted, respectively, to the county prosecutor's office or to the Superintendent of State Police for the enforcement and prosecution of the State's animal cruelty laws.
Current law provides that any unexpended balance remaining in these special accounts may be retained in those accounts until the end of the third fiscal year following; however, the law further provides that, at the end of the following third fiscal year, and at the end of each fiscal year thereafter, any amount then remaining in the State or municipal special account, which amount is in excess of the total amount paid into the special account during the last two fiscal years next preceding, is to be transferred, respectively, to the State's general fund or to the general fund of the municipality.
The bill provides that, commencing on the bill's effective date, instead of transmitting excess funds to the State or municipal general fund: 1) any excess funds remaining in a municipality's special account are to be transmitted to the county prosecutor's office in the county where the municipality is located; and 2) any excess funds remaining in the State special account are to be transmitted to the Superintendent of State Police.
The bill specifies that, of the total amount transmitted to the county prosecutor's office under the bill, 40 percent is to be retained by the county prosecutor's office and 60 percent is to be equally distributed among, and transmitted to, the various municipalities in the county. The bill further specifies that, of the total amount transmitted to the Superintendent of State Police under the bill: 40 percent is to be retained by the Division of State Police in the Department of Law and Public Safety; 50 percent is to be equally distributed among, and transmitted to, the chief humane law enforcement officer of each county throughout the State, who will then be required, in turn, to equally distribute, and transmit, the amount received thereby to the chief law enforcement officer of each municipality in the county, for use by the municipal humane law enforcement officers appointed by the municipality; and 10 percent is to be transmitted to the Law Enforcement Training and Equipment Fund for use by the Police Training Commission.
The bill provides that: 1) any monies that are transferred, under the bill, from the State or municipal special funds, except those monies that are transferred to the Law Enforcement Training and Equipment Fund, are to be used exclusively for the purposes of offsetting the costs of, and otherwise facilitating and supporting, the enforcement of the State's animal cruelty laws within the county, municipality, or State, as the case may be, including the investigation and prosecution of animal cruelty offenses and the performance of necropsies on deceased animals; and 2) any monies that are transferred to the Law Enforcement Training and Equipment Fund are to be used by the State Police Training Commission exclusively for the purposes of offsetting the costs of, and otherwise facilitating and supporting, the training that is provided to humane law enforcement officers in the State.
The bill authorizes the county prosecutor, the Superintendent of State Police, and the chief humane law enforcement officer of a county to provide for the transfer of any monies transmitted thereto to the appropriate county, municipal, or State accounts, as may be necessary to facilitate the purposes specified by the bill.
