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REPORT
OF THE LEGISLATION COMMITTEE
Legislative Report
May 2009
NEW JERSEY
STATE LEGISLATION
A1568
requires all cats and dogs released from shelters and pounds be
sterilized with certain exceptions; increases certain dog-related fees;
dedicates increases to Animal Population Control Fund; establishes new
eligibility criteria for State spaying and neutering program. It is
sponsored by Linda Greenstein. It had been introduced in the previous
session and was pre-filed for re-introduction on January 8, 2008. It has
no identical bill in the Senate. There’s been no activity since being
referred to Assembly Agriculture and Natural Resources Committee. The
NJFDC has met in the past with Assemblywoman Greenstein and written her
regarding our position.
A1577
identical bill to S979 (which see). The Assembly passed A1577 May 19,
2008. The Senate bill was reported from the Senate Committee with
amendments on February 26, 2009.
A1591
prohibits certain breeding and sales practices; requires persons selling
cats or dogs to provide certain information; and provides penalties.
Primary Sponsor is Joan Voss. Last year this bill was A3401; which was
introduced in July 2006 and never came out of committee. It was then
pre-filed for introduction on January 8, 2008 at which time it was referred
to the Assembly Agriculture and Natural Resources Committee. It defines a
breeder as one who offers for sale more than 5 cats or dogs per year. No
one may sell more than 25 cats or dogs per year for use as pets. The bill
contains requirements for maintenance of your facility. The fines for
violations are very high.
A1603 revises the vicious and
potentially dangerous dog law. It is designated Congo’s Law; Congo is the
German Shepherd Dog in Princeton who bit the gardener when the dog thought
his mistress was being attacked. Primary Sponsors are Patrick Diegan,
Richard Merkt, and Declan O’Scanlon. Last year’s bills were A4597 and
S3010. The bill defines “provoked” and “unprovoked.” Under the bill, the
court has an alternative to destroying the dog if the public is protected by
the alternative.
A1951 identical bill to S1275
(which see). This bill was sponsored by Neil Cohen (still listed as a
Primary Sponsor) and Denise Coyle. The history is
1/28/2008 Introduced, Referred to Assembly
Financial Institutions and Insurance Committee
2/25/2008 Reported out of Assembly Committee, 2nd Reading
5/19/2008 Passed by the Assembly (77-3-0)
5/19/2008 Received in the Senate, Referred to Senate Commerce Committee
6/19/2008 Reported from Senate Committee, 2nd Reading (see S1275)
A2536 identical bill to S1396
(which see).
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A2668
requires veterinarians to report animal
cruelty if they know or have reasonable cause to know that an animal has
been subjected to animal cruelty. It also requires the police to
investigate possible associated domestic violence and child abuse.
Anyone who fails to make a report is liable to a civil penaly of
#250.00 The Primary Sponsor is Anthony Chiappone and the Co-sponsor
is Pamela Lampitt. It was introduced May 12, 2008 was referred to
the Assembly Agriculture and Natural Resources Committee.
A3298
establishes Office of Animal Welfare in
DHSS. It is sponsored by Gordon Johnson and Anthony Chiappone. On
October 16, 2008 it was introduced and referred to Assembly Agriculture and Natural Resources
Committee.
A3335
requires Animal Cruelty training for
selected assistant county prosecutors and tracking of Animal Cruelty
cases in State uniform crime reporting system; directs AG to issue
prosecutor guidelines for Animal Cruelty cases. It is sponsored by
Gordon Johnson and Anthony Chiappone. On October 23, 2008 it was
introduced and referred to Assembly Agriculture and Natural Resources
Committee.
A3574
creates Feral Cat Health Commission. It was introduced January 13
2009 and referred to Assembly Agriculture and Natural Resources
Committee. The sponsors are Dawn Marie Addiego, Joan Voss and Scott
Rudder. This bill would create the Feral Cat Health Commission to
study and report on the possibilities or opportunities for developing a
Statewide trap, neuter, and release (TNR) program, also known as a trap,
neuter, and return program, to prevent and minimize disease, especially
rabies, associated with feral cats and protect the health of people and
domesticated and wild animals in this State. The study would include
researching the financial implications. Although this bill
specifically relates to cats, it is important to us since there is no
statewide cat licensing program and dog license fees are the main
funding of the state Animal Population Fund.
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A3655
establishes voluntary gross income tax
check-off donation for State low-income and shelter-adoption spaying and
neutering programs; establishes veterinarian continuing education
credits for certain services to certain cats or dogs provided free of
charge. It is sponsored by Gordon Johnson, Anthony Chiappone, and
Joseph Vas. It was introduced January 15, 2009 and referred to the
Assembly Agriculture and Natural
Resources Committee.
A3713
establishes decal system in place of special license plates. This bill
has 5 Primary Sponsors (John Wisniewski, Gordon Johnson, Matthew Milam,
Linda Stender, Bonnie Watson Coleman) and 5 Co-Sponsors (Assemblywomen
Wagner, Rodriguez, Addiego, Assemblymen Rudder and Diegnan). It is on
a very fast track as it was introduced and referred to the
Assembly Transportation, Public Works and Independent Authorities
Committee on February 5, 2009, reported out of Assembly Comm. with
Amendments, 2nd Reading on February 26, 2009 and the Assembly Floor
Amendment was passed March 5, 2009. We have written all Assemblymen
and Assemblywomen asking that they continue to offer special Animal
License Plates as the money for these special license plates goes to the
state Animal Population Control (spay/neuter) fund.
The Office of Legislative Services issued a fiscal estimate March 31
relative to cost and revenue impact. It stated in part “The OLS is
unable to independently quantify the fiscal impact this legislation will
have on revenue and expenditures, due to numerous variables such as
acceptance and demand for this new type of plate, final design, and the
process of changing over to a new system for the issuance of license
plates and decals or medallions. However, the new decal system should
be more cost effective and efficient for the State that the current
system of issuing individual special custom plates for each separate
dedicated cause.” |
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AR154 This Assembly Resolution
endorses the American Kennel Club Canine Good Citizen program and supports
its effort to promote responsible dog ownership. It is sponsored by
Nelson Albano and Matthew Milam. It was introduced October 6 and was
referred to the Assembly Agriculture and Natural Resources Committee. The
last session Resolution Number was AR114. The identical bill in the Senate
is SR90.
S971 increases sterilization and
animal control programs and establishes a dog license surcharge. Primary
sponsor is Senator Jeff Van Drew. Last session’s bill was A3542. This
year’s bill was introduced in January 2008 and was referred to the Senate
Economic Growth Committee. This is the bill that requires dogs and cats to
be spayed before being reclaimed from a pound or shelter unless the owner
can claim an exemption. Senator Van Drew recognizes that the exemptions
are either improbable (proof that the dog has been shown within the last
year) or impossible (that the dog is registered as a show dog or that the
owner is a professional licensed AKC breeder) and will be changing the
wording. As the bill is written the surcharge only applies to dog
licenses, but will be used to fund spaying and neutering of dogs and cats.
Dave Van Vorst of the Keysteone
English Springer Spaniel Club lives in Sen. Van Drew’s territory and
coordinated a conference call meeting in April 2008 with the Senator, the
Federation and representatives from some state offices to discuss
revisions. Present were the Senator, Dave Van Vorst, Laureen
Camisi (NJFDC Delegate of Keystone English Springer Spaniel Club),
Nikki Bermea (Bulldog Club of Philadelphia, who lives in Van Drew’s
territory and had spoken with him in getting him to withdraw a bill a couple
of years ago), Barbara Wicklund (President Berkshire Valley Basset
Club, NJFDC’s delegate to the Governor’s Domestic Animal Council), and
Priscilla Gabosch, President of NJFDC.
Two
areas of the bill are paramount to Sen. Van Drew in any revision: targeting
irresponsible owners and funding. The Delegates proposed that when an
individual reclaims an animal, they must show proof of residence. They
further proposed that the funding come from those reclaiming an animal as
they are the ones using the service and put forth a sliding scale of
charges.
Sen.
Van Drew accepted our proposed scale of surcharges, but said it would not
cover the funding he’s looking for. His proposed $7 surcharge to dog
licenses was calculated using the current number of dog licenses. After
discussion he indicated he intended to withdraw the bill and work with Asm.
Linda Greenstein, who had introduced similar legislation in the last
session. He will keep us in the loop as he goes forward.
S979 requires bittering agent to
be added to certain engine coolants and antifreeze to render it unpalatable.
Primary sponsors are Jeff Van Drew and Fred Madden It was introduced in
January 2008 and referred to the Senate Economic Growth Committee. There is
an identical bill in the Assembly. A1577, sponsored by Neil Cohen, Linda
Stender and Joan Voss; it was pre-filed for introduction on January 8, 2008
at which time it was referred to the Assembly Environment and Solid Waste
Committee. .Last session the bill was A319.
The
bill was reported from the Senate Committee with amendments on February 26,
2009. The Assembly bill A1577 was passed by the Assembly May 19, 2008.
S1275 provides that: 1) an insurer
shall not deny, cancel, or non-renew a homeowners insurance policy solely on
the basis of the type or specific breed of dog harbored upon the insured
property; 2) notwithstanding this prohibition, an insurer may offer or issue
a policy which contains an exclusion against covering any liability for a
dog, or on the basis of the type or specific breed of dog, harbored upon the
insured property; and 3) whenever an insurer offers or issues a policy, or
rider, endorsement, or other amendment to the policy, which includes
liability or other coverage for a dog, nothing within the bill shall
prohibit the use of underwriting guidelines, risk classifications, or other
rules of any rating-system which establish rates and premiums for that
coverage on the basis of the type or specific breed of dog harbored upon the
property.
Primary Sponsor Jeff Van Drew introduced the bill on Feb 2. The bill is
identical to A1951 which was passed by the Assembly on May 19, 2008. The
Senate bill was passed and reported from the Senate Economic Growth
Committee, 2nd reading on June 19, 2008. The roll call was 4
voting yes (Raymond Cardinale, Nia Gill, Nicholas Scutari, Robert Singer)
and 1 not voting (Raymond Lesniak). The next step would be for the
Senate to vote on it and then on to the Governor’s signature.
S1396 clarifies failure to provide
minimum care to an animal constitutes animal cruelty. Primary sponsor is
Senator Jeff Van Drew. There is an identical bill in the Assembly. A2536,
sponsored by Reed Gusciora, the Deputy Majority Leader. The Senate bill
was introduced on March 3, 2008 and referred to the Senate Economic Growth
Committee. Minimum care is defined with regard to food, access to water,
access to an enclosure with adequate bedding to protect against cold and
dampness, protection from extreme weather conditions, veterinary care, and
access to a clean and adequate exercise area.
SR90 This Senate Resolution
endorses the American Kennel Club Canine Good Citizen program and supports
its effort to promote responsible dog ownership. It is sponsored by Jeff
Van Drew. It was introduced October 6, 2008 and was referred to the Senate
Economic Growth Committee. The last session Resolution Number was AR114.
The
identical bill in the Assembly is AR154.
LOCAL LEGISLATION
Howell Township - Sue Sullivan
and Rose DeMario
Bednarz are on a committee to draft an acceptable pet-limit law. The
original draft of an ordinance was not passed. The AKC had sent the Village
Board a letter stating their position in regard to limit laws; they do not
find them workable or enforceable.
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