LEGISLATIVE REPORT

SEPTEMBER 2008

NEW JERSEY STATE LEGISLATION

A1577 identical bill to S979 (which see).

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).

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 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 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.    Dogs have been lost when antifreeze has been ingested and we should all support this bill.

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.   The Senate bill was passed and reported from the Senate Economic Growth Committee, 2^nd reading on June 19.  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 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 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

Freehold – On Oct 28, the Borough Council enacted a law which restricts the number of animals in one residence to five dogs and/or cats over the age of 2 months in
any combination in or upon any residential or commercial property.