New Jersey-2018-S861-Amended

An Act concerning animal cruelty violators and their direct involvement with animals, designated as "Moose's Law," supplementing Title 4 of the Revised Statutes, and amending P.L.1983, c.525.

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

1. (New section) As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

"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.

"Commissioner" means the Commissioner of Health.

"Criminal animal cruelty offense" means, in New Jersey, any crime or disorderly persons offense under chapter 22 of Title 4 of the Revised Statutes, P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1); section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23; 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, P.L.2002, c.102 (C.4:19-38 et seq.), section 1 of P.L.1983, c.261 (C.2C:29-3.1); section 1 of P.L.2013, c.205 (C.2C:29-3.2), P.L.2015, c.85 (C.2C:33-31 et seq.), or R.S.39:4-23.

"Criminal background check" means a determination of whether a person has a criminal record by cross-referencing that person's name with an appropriate database or compilation of records, whether performed through a State department or agency, privately by the owner or operator of an animal-related enterprise, or by other means. "Criminal background check" includes any criminal history record background check provided pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).

¹["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.]¹

"Employ" means to use the services of a person, or to hire a person for paid work.

"Existing employee" means a person who is employed by an animal-related enterprise on the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill).

"Existing volunteer" means a person who is volunteering at an animal-related enterprise on the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill).

"Own" means to have a legal right of possession in, or any legal title to ownership of, ¹[a domestic companion] an¹ animal.

"Provisional employee" means a person who is employed by an animal-related enterprise on a provisional basis, in accordance with the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

"Provisional volunteer" means a person who is volunteering at an animal-related enterprise on a provisional basis, in accordance with the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

"Volunteer" means a person who is not an employee that provides services to an animal-related enterprise without expectation of compensation, and without coercion or intimidation to provide such services, or the act of providing such services on such a basis.

2. (New section) a. Except as ¹[may be]¹ otherwise provided by subsection d. of this section ¹and section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill)¹, no person who is convicted of a criminal animal cruelty offense shall:

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

(2) acquire ¹[or] ,¹ own ¹, or reside with¹ any ¹[domestic companion]¹ animal for the period of time specified by the court pursuant to subsection c. of this section.

b. Any person who violates subsection a. of this section shall be guilty of a disorderly persons offense.

c. Upon a person's conviction for a criminal animal cruelty offense, the court may:

(1) order the forfeiture of any ¹[domestic companion]¹ animal owned by the offender ¹[, or, if deemed appropriate, appoint a receiver to whom ownership and custody of the animal shall be transferred] and the transfer of such animal to the custody of an animal shelter¹;

(2) order the offender to refrain from acquiring ¹[or] ,¹ owning ¹, or residing with¹ any ¹[domestic companion]¹ animal for: (a) a period of not less than two years following the date of the offender's conviction for the present criminal animal cruelty offense, or following the date of the offender's release from incarceration for the present criminal animal cruelty offense, whichever is later; (b) the duration of the probationary period imposed by the court for the present criminal animal cruelty 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 criminal animal cruelty offense and the offender's prior history of animal cruelty offenses; and

(3) order the offender from commencing, operating, applying for employment or volunteering at, or participating in, an animal-related enterprise for a period of time, which the court, in its discretion, determines to be appropriate based on the nature and severity of the criminal animal cruelty offense and the offender's prior history of animal cruelty offenses.

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

d. 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.

3. (New section) a. The owner or operator of an animal-related enterprise shall not employ, or allow to volunteer or participate in any animal-related activities, any person at the enterprise who has been convicted of a criminal animal cruelty offense. The owner or operator of the animal-related enterprise shall determine the person does not have such a conviction by:

(1) requesting and receiving in writing a determination by the Commissioner of Health 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, or if the person is identified on the list, the person was not convicted of a criminal animal cruelty offense; and

(2) performing, having performed, or requesting pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) the Commissioner of Health to perform, a criminal background check that confirms the existing employee, existing volunteer, provisional employee, or provisional volunteer has not been convicted of a criminal animal cruelty offense.

The owner or operator of the animal-related enterprise may determine the person's eligibility based on a criminal background check only, without waiting for the commissioner's action pursuant to paragraph (1) of this section, but shall complete the criminal background check for existing employees and existing volunteers no later than 90 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and for a provisional employee or provisional volunteer no later than 90 days after receiving an application for employment or to volunteer.

b. Notwithstanding the provisions of this section to the contrary, an animal-related enterprise may provisionally employ a person or provisionally allow a person to volunteer for a period not exceeding 90 days, pending the results of the investigation and criminal background check pursuant to subsection a. of this section. Following confirmation that there is no record of the person being convicted of a criminal animal cruelty offense, the person may be employed or allowed to volunteer on an on-going basis.

c. No existing employee, existing volunteer, provisional employee, or provisional volunteer at an animal-related enterprise shall be left alone as the only person caring for an animal until the investigation and criminal background check pursuant to subsection a. of this section is complete and the results confirm that such person is not disqualified from employment or as a volunteer on the basis of a conviction for a criminal animal cruelty offense.

d. (1) The owner or operator of an animal-related enterprise requesting an investigation or a criminal background check from the Commissioner of Health pursuant to paragraph (1) or (2) of subsection a. of this section, shall submit the request to the Commissioner of Health with the name and address of:

(a) each existing employee or existing volunteer within 30 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill); and

(b) each provisional employee or provisional volunteer at the enterprise within two weeks after a person is provisionally employed or provisionally allowed to volunteer pursuant to subsection b. of this section.

(2) In addition, and as deemed necessary for the purposes of determining continuing employment or volunteering in accordance with P.L. , c. (C. ) (pending before the Legislature as this bill), the owner or operator of an animal-related enterprise shall request and receive annually from the commissioner 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 employee or volunteer for convictions for criminal animal cruelty offenses. However, an owner or operator of an animal-related enterprise shall be required to perform a criminal background check or to request a criminal background check pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) only once for any employee or volunteer.

e. If an existing employee, existing volunteer, provisional employee, or provisional volunteer refuses to comply with the investigation or criminal background check performed pursuant to subsection a. of this section; or if any employee or volunteer refuses to comply with any follow-up investigation authorized by paragraph (2) of subsection d. of this section, the owner or operator of the animal-related enterprise shall immediately terminate the person as an employee or a volunteer at the animal-related enterprise.

f. Any person who is disqualified from employment or as a volunteer pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be entitled to reapply for employment or as a volunteer at an animal-related enterprise if the disqualifying conviction is reversed.

g. This section shall apply only to an existing employee, existing volunteer, provisional employee, provisional volunteer, or applicant for employment, as a volunteer, or for participation with an animal-related enterprise who is, or would be responsible for, the care or handling of, or would otherwise come into direct contact with, any animal during the course of the person's employment, volunteering, or participation with an animal-related enterprise.

4. (New section) a. The Commissioner of Health shall complete the investigation required by paragraph (1) ofsubsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill, and shall notify the person who is the subject of the investigation and the owner or operator of the animal-related enterprise of the results of the investigation, in writing, within 90 days after the receipt of the person's name and address, which have been submitted in accordance with subsection d. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), 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 person 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 person's inclusion on the ineligibility list, or in order to challenge the history of offenses that was used by the commissioner to support the person's inclusion on the list.

b. If requested to do so pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Health, in cooperation with the State Police and the Federal Bureau of Investigation, shall complete the criminal background check and shall notify the person who is the subject of the criminal background check and the owner or operator of the animal-related enterprise of the results, in writing, within 90 days after the receipt of the person's name and address, which have been submitted in accordance with subsection d. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), 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 person 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 challenge the history of offenses used for disqualification.

5. (New section) The Commissioner of Health is authorized to exchange criminal history record information with the Federal Bureau of Investigation and the State Bureau of Identification in the Division of State Police consistent with applicable State and federal laws, rules and regulations for use in implementing the employment restrictions imposed pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill). Each owner or operator of an animal-related enterprise requesting the commissioner to perform a criminal background check to satisfy the requirements pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall submit to the Department of Health the name, address, fingerprints of, and written consent for a criminal history record background check to be performed on, the person, as applicable. The owner or operator of the animal-related enterprise making the request of the department shall bear the cost for the criminal history record background check, including all administering and processing costs.

6. (New section) All names, addresses, and other information submitted to the Commissioner of Health to complete a criminal background check requested pursuant to sections 3 and 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), and any records developed therefrom, shall be considered criminal investigatory records for the purposes of compliance with P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act, and shall not be disclosed as a government record. Nothing contained in this section shall be construed to prevent the Commissioner of Health from posting a list pursuant to subsection c. of section 3 of P.L.1983, c.525 (C.4:19-15.16a) of all persons whose certificate, issued pursuant to subsection b. of section 3 of P.L.1983, c.525 (C.4:19-15.16a), has been revoked, or who have been convicted of a criminal violation of any provision of chapter 22 of Title 4 of the Revised Statutes.

7. (New section) The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not apply to any farm, livestock operation, or other business where domestic livestock are raised, kept, treated, marketed, or sold, or to any owner, operator, or employee thereof, or to any academic research institution or to any owner, operator, or employee thereof.

8. 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. The 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.

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

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

9. This act shall take effect immediately.