Bill > S1477

Introduced Session

This bill, designated as "Moose's Law," would prohibit a person from commencing, operating, applying for employment at, or participating in any capacity in, an animal-related enterprise if that person has been convicted of, or found civilly liable for, an animal cruelty offense in this State or in any other state or jurisdiction. "Animal-related enterprise" would be defined by the bill to mean 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. Any person who violates the bill's prohibition would be guilty of a disorderly persons offense. Pursuant to the bill's provisions, the owner or operator of an animal-related enterprise would be prohibited from employing any person at the enterprise unless: (1) the owner or operator of the animal-related enterprise has first determined that the person is not identified on the list, established by the Commissioner of Health pursuant to N.J.S.A.4:19-15.16a, of persons who are ineligible to be certified animal control officers; and (2) the Superintendent of State Police has first determined that no criminal history record information exists, which would disqualify that person from engaging in such employment. The bill would amend N.J.S.A.4:19-15.16a to clarify that the Commissioner of Health must include on the list of persons who are ineligible to be certified animal control officers the name of any person who has been convicted of, or found civilly liable for, an animal cruelty offense, whether or not the person has been previously certified to act as an animal control officer. The bill would also require the commissioner to post this list on its Internet website. The bill would authorize an animal-related enterprise to provisionally employ a person for a period not exceeding 90 days, pending the results of the investigations required by the bill. Continued, non-provisional employment, however, would be contingent upon the completion of the investigations, and would be authorized only if the results of these investigations confirm that the applicant has not been convicted of, or found civilly liable for, an animal cruelty offense. No employee would be authorized to be left alone with an animal until the investigations have been performed and the absence of disqualifying convictions or civil violations has been confirmed. The bill would require any provisional employees and any persons who are employed at an animal-related enterprise on the date of this bill's enactment, to submit their name, address, and fingerprints to the enterprise and sign a consent form authorizing the undertaking of a criminal history record background check. The owner or operator of an animal-related enterprise would be required to submit this documentation to the Superintendent of State Police within two weeks after a person commences provisional employment, or, for persons employed at the enterprise on the date of this bill's enactment, within 90 days after the date of enactment. The superintendent would be required to complete the criminal record history background check within 60 days after receipt of the necessary documentation, or as soon thereafter as may be reasonably practicable. The bill would require the owner or operator of an animal-related enterprise to review the list, which has been posted on the Internet website of the Department of Health, of persons who are ineligible to be certified animal control officers, and confirm that the name of the existing employee or provisional employee is not included on that list, within two weeks after a person commences provisional employment, or, for existing employees, within 90 days after the date of the bill's enactment. The owner or operator of the animal-related enterprise would be required to sign a certification verifying their compliance with this provision, and the bill would require a copy of the signed certification to be maintained in the employee's employment file for the duration of the person's employment, and for a period of one year following the date of termination of the person's employment. Any owner or operator who fails to review the list maintained by the Department of Health, or who falsifies any information contained in a certification, would be guilty of a disorderly persons offense. In order to determine the continuing employment eligibility of non-provisional employees - i.e., employees who have already undergone the investigations required by the bill and who have been qualified for on-going employment due to a lack of disqualifying animal cruelty offense violations - the bill would authorize the owner or operator of an animal-related enterprise to: (1) request the undertaking of periodic follow-up criminal history record background checks for any non-provisional employee; and (2) undertake periodic follow-up reviews of the list of persons who are ineligible to be certified animal control officers, to determine the inclusion thereon of any non-provisional employee. The costs of any criminal history record background check, including any follow-up check, would be borne either by the person who is the subject of the check or by the animal-related enterprise. This bill was drafted in response to an incident that took place in the State. In July 2012, Moose the dog jumped a fence at his Delran home and was missing for over a month before a woman - a self-proclaimed dog trainer - returned his dead body to the owners, claiming she had found him dead along the road. It has been alleged, however, that the woman actually found the dog alive and kidnapped the dog, giving it to another set of owners in Pennsylvania and contracting with the new owners to train the dog. The woman then allegedly left the dog in a hot car, causing his death. Various concerned citizens have indicated that, under the current law, the woman in Moose's case could continue to work as a dog trainer even if she is convicted of animal cruelty - thereby placing other animals and animal owners at risk. The bill would address this concern by: (1) prohibiting animal cruelty offenders from becoming involved or continuing their involvement in animal-related industries; (2) establishing a criminal offense for such behavior; and (3) giving animal-related enterprises the tools and authorizations necessary to investigate their employees' criminal and civil offense histories, in order to ensure and verify that animal cruelty offenders are not being employed at these businesses.

AI Summary

Committee Categories

Diane Allen (R)*,  Christopher Bateman (R),  Nilsa Cruz-Perez (D),  Jim Holzapfel (R), 

Introduced in the Senate, Referred to Senate Economic Growth Committee (on 02/16/2016)