An Act concerning training of certified animal control officers and animal cruelty investigators, and amending P.L.1941, c.151 and P.L.1983, c.525.

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 [this act] 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] : (1) collecting, keeping and disposing of dogs liable to seizure under [this act] P.L.1941, c.151 (C.4:19-15.1 et seq.) or under local dog control ordinances; [for] (2) local rabies prevention and control [of rabies] ; [for providing] (3) the provision of antirabic treatment , under the direction of the local board of health [for] , to any person known or suspected to have been exposed to rabies [, for] ; (4) payment [of] for damage to , or [losses] the loss of , poultry and domestic animals, except dogs and cats, caused by a dog or dogs ; (5) the provision of initial training, and the annual provision of continuing education courses necessary for the active certification of animal control officers, including those certified animal control officers who have been authorized by a municipality, pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b), to act as officers for the detection, apprehension, and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality; and [for] (6) otherwise administering the provisions of [this act] P.L.1941, c.151 (C.4:19-15.1 et seq.). Any unexpended balance remaining in [such] the special account 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 this section. At the end of the [said] third fiscal year following, and at the end of each fiscal year thereafter, there shall be transferred from such special account to the general funds of the municipality any amount then in such account which is in excess of the total amount paid into [said] the special account during the last [2] two fiscal years next preceding.

b. 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 , within 30 days after collection thereof, to the State Department of Health , which department shall forward [said] this sum to the State Treasurer [who] . The State Treasurer shall place all such moneys in a special account for use only by the State Department of Health in administering [this act] the provisions of P.L.1941, c.151 (C.4:19-15.1 et seq.), and [for the prevention] in undertaking actions to prevent and control the spread of rabies throughout the State [, and such] . This special account is hereby declared to be a trust fund not subject to legislative appropriation. At the end of the third fiscal year following the adoption of [this act] 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] General Fund of the State any amount then in [such] the trust fund which is in excess of the total amount paid into [such] the fund during the last [2] two fiscal years next preceding.

(cf: P.L.1981, c.235, s.3)

2. 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 initial 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) (a) A certificate issued pursuant to this subsection shall remain in active status only if the officer complies with the continuing education requirements established pursuant to this paragraph.

(b) The commissioner, in consultation with the New Jersey Certified Animal Control Officers Association, shall approve continuing education courses for all certified animal control officers, including those certified animal control officers who have been authorized by a municipality, pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b), to act as officers for the detection, apprehension, and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality. Each such officer shall be required to annually complete 15 contact hours of continuing education courses, which have been approved pursuant to this paragraph, and any such officer who fails to comply with this requirement shall have their certificate inactivated by the commissioner. Any person whose certificate is so inactivated shall be prohibited, during the term of inactivation, from engaging in activities as a certified animal control officer, or as an officer for the detection, apprehension, and arrest of offenders against the animal control, animal welfare, and animal cruelty laws of the State and ordinances of the municipality. Any certificate so inactivated shall be reactivated by the commissioner only if the non-compliant individual successfully completes 15 contact hours of continuing education courses within a 12-month period, in accordance with the requirements of this paragraph.

(c) The commissioner shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to implement the provisions of this paragraph.

(3) 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 certificate 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.

(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 within 30 days after receipt of any notice.

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

3. This act shall take effect immediately.

STATEMENT

This bill would provide for the establishment of continuing education course requirements for certified animal control officers, including those certified animal control officers - commonly referred to as "animal cruelty investigators" - who have been authorized by a municipality, pursuant to section 4 of P.L.1983, c.525 (C.4:19-15.16b), to act as officers for the detection, apprehension, and arrest of offenders against the animal control, animal welfare and animal cruelty laws of the State and ordinances of the municipality.

The continuing education requirements provided by the bill would help to ensure that the State's certified animal control officers and animal cruelty investigators remain up-to-date on current laws and cases concerning animal welfare, animal control, and animal cruelty, and continue to employ up-to-date techniques and technology in the execution of their work.

In particular, the bill would require:

1) the Commissioner of Health, in consultation with the New Jersey Certified Animal Control Officers Association, to approve continuing education courses for all such officers;

2) each such officer to annually complete 15 contact hours of approved continuing education courses;

3) the commissioner to inactivate the certificate issued to any officer who fails to annually comply with the bill's continuing education requirements; and

4) the commissioner to reactivate an inactive certificate if the officer, during any 12-month period, successfully completes the 15 contact hours of continuing education courses required by the bill.

Any person whose certificate is inactivated for failure to comply with the bill's continuing education requirements would be prohibited, during the term of inactivation, from engaging in work as a certified animal control officer or animal cruelty investigator.

The bill would authorize a municipality to use dog licensing fees to pay for the provision of initial training and the annual provision of continuing education courses necessary for the active certification of animal control officers and animal cruelty investigators in the municipality.