Requires transfer of certain excess animal control funds to prosecutors, municipalities, police departments, and Police Training Commission for enforcement of animal cruelty laws and training of humane law enforcement officers.

A2443

ASSEMBLY, No. 2443

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman TENNILLE R. MCCOY

District 14 (Mercer and Middlesex)

SYNOPSIS

���� Requires transfer of certain excess animal control
funds to prosecutors, municipalities, police departments, and Police Training
Commission for enforcement of animal cruelty laws and training of humane law
enforcement officers.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning the distribution and use of
unexpended animal control funds held in certain State and municipal special
accounts, and amending P.L.1941, c.151, P.L.1983, c.181, and P.L.2017, c.189.

����
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 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
collecting, keeping and disposing of dogs liable to seizure under P.L.1941,
c.151 (C.4:19-15.1 et seq.) or under local dog control ordinances; for local
prevention and control of rabies; for providing antirabic treatment under the
direction of the local board of health for any person known or suspected to
have been exposed to rabies; for payment of damage to or losses of poultry and
domestic animals, except dogs and cats, caused by a dog or dogs; for compliance
with the requirements of subsection b. of section 6 of P.L.2017, c.189
(C.4:22-17.6); and for administering the provisions of P.L.1941, c.151
(C.4:19-15.1 et seq.).

����
b.
� Any unexpended
balance remaining in the special account
established pursuant to subsection
a. of this section
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
subsection a. of
this section.�
[
At
]

Except as
otherwise provided by subsection c. of this section, at
the end of the
third fiscal year following, and at the end of each fiscal year thereafter,
there shall be transferred
,
from the special account to the general
funds of the municipality
,
any amount then in the
special
account
which is in excess of the total amount paid into the special account during the
last two fiscal years next preceding.�

����
c.� (1)� At the end of each
municipal fiscal year following the effective date of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill), any amount remaining
in the special account established pursuant to subsection a. of this section,
which is in excess of the total amount paid into the special account during the
last two fiscal years next preceding, shall be transmitted to the county
prosecutor�s office in the county in which the municipality is located.�

����
(2)�� Of the total amount
transmitted to the county prosecutor�s office pursuant to paragraph (1) of this
subsection, 40 percent shall be retained by the county prosecutor�s office and
60 percent shall be equally distributed among, and transmitted to, the various
municipalities in the county.�

����
(3)�� The county prosecutor
shall be authorized to provide for the transfer or transmittal of monies
received under this subsection to the appropriate accounts or funds, as may be
necessary to effectuate the purposes of this subsection.

����
d.��� (1)
� 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
,

to the
[
State
]
Department of
Health
,
which department shall
, in turn,
forward the sum to the
State Treasurer
,
who shall place all such moneys in a special account
for use only by the
[
State
]
Department of
Health in administering P.L.1941, c.151 (C.4:19-15.1 et seq.) and for the
prevention and control of rabies throughout the State
[
, and such
]
.�

����
(2)�� The special

account
established pursuant to this subsection
is hereby declared to be
a trust fund
, which shall
not
be
subject to legislative
appropriation.�
[
At
]

����
(3)�� Except as otherwise
provided by subsection e. of this section, at
the end of the third fiscal
year following the adoption of 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 of the State
,

any amount then in the trust fund
,
which is in excess of the total
amount paid into the trust fund during the last two fiscal years next
preceding.

����
e.���� (1)� At the end of
each State fiscal year following the effective date of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill), any amount in the trust
fund established pursuant to subsection d. of this section, which is in excess
of the total amount paid into the trust fund during the last two fiscal years
next preceding, shall be transmitted to the Superintendent of State Police.�

����
(2)�� Of the total amount
transmitted to the Superintendent of State Police pursuant to paragraph (1) of
this subsection:� (a) 40 percent shall be retained by the Division of State
Police in the Department of Law and Public Safety; (b) 50 percent shall be
equally distributed among, and transmitted to, the chief humane law enforcement
officer in each county throughout the State, who shall, in turn, equally
distribute, and transmit, the monies received thereby to the chief law
enforcement officer in each municipality within the county, for use by the
municipal humane law enforcement officers appointed by each such municipality
pursuant to section 26 of P.L.2017, c.331 (C.4:22-14.2); and (c) 10 percent
shall be transmitted to the Law Enforcement Training and Equipment Fund for use
by the Police Training Commission.�

����
(3)�� The Superintendent of
State Police and the chief humane law enforcement officer of each county may
provide for the transfer or transmittal of monies received under this
subsection to the appropriate accounts or funds, as may be necessary to
effectuate the purposes of this subsection.

����
f.���� Any monies that are
transferred from the State or municipal special funds, as provided by subsections
c. and e. of this section, except monies that are transferred to the Law
Enforcement Training and Equipment Fund pursuant to subsection e. of this
section, shall be used by the recipients thereof only for the purposes of
offsetting the costs of, and otherwise facilitating and supporting, the
enforcement of the State�s animal cruelty laws within the county, municipality,
or State, as the case may be, including the investigation and prosecution of
animal cruelty offenses and the performance of necropsies on deceased animals.�
Any monies that are transferred to the Law Enforcement Training and Equipment
Fund, pursuant to subsection e. of this section, shall be used by the State
Police Training Commission only for the purposes of offsetting the costs of,
and otherwise facilitating and supporting, the training that is provided to humane
law enforcement officers in the State.

(cf: P.L.2017, c.189, s.10)

���� 2.��� Section 1 of P.L.1983,
c.181 (C.4:19-15.3c) is amended to read:

���� 1.��� In addition to the fee
charged pursuant to section 3 of P.L.1941, c.151 (C.4:19-15.3) and forwarded to
the Department of Health pursuant to
subsection d. of
section 11 of
P.L.1941, c.151 (C.4:19-15.11), any person applying for the license and
registration tag pursuant to section 2 of P.L.1941, c.151 (C.4:19-15.2) shall
pay an additional fee of $0.20 for any dog.�

���� All fees collected pursuant to
the provisions of this section shall be forwarded to the State Treasurer to be
placed in the "Pilot Clinic Fund" created pursuant to P.L.1983, c.180
(C.4:19A-10 et seq.), to be used by the Commissioner of Health for the
operation of the animal sterilization pilot clinic established pursuant to that
act.�

(cf: P.L.1983, c. 181, s.1)�

���� 3.��� Section 6 of P.L.2017,
c.189 (C.4:22-17.6) is amended to read:

���� 6.��� a.� The Department of
Health, in consultation with the Attorney General, shall:

���� (1)�� provide to each
municipality
,
in writing
,
sufficient copies of
;
� (a)
[
this act
]

P.L.2017,
c.189 (C.4:22-17.1 et seq.)
, R.S.4:22-17, and R.S.4:22-26; (b) a plain
language description of the provisions and requirements thereof; and (c) a
plain language description of how to comply with those provisions and
requirements; and

���� (2)�� post on its website the
materials enumerated in paragraph (1) of this subsection.

���� b.��� Each municipality shall:

���� (1)�� provide the materials
enumerated in and provided pursuant to subsection a. of this section, along
with any other information deemed relevant by the municipality, to each person
obtaining a license for a dog at the time of licensing; and

���� (2)�� post on its website the
materials enumerated in and provided pursuant to subsection a. of this
section.�

����
[
The
]
�
c.��� A
municipality may
pay any cost
that is
incurred
[
by
]

thereby,
as a result of
complying with the requirements of this subsection
[
with
]
, using

fees
that are
forwarded to the treasurer of the municipality pursuant to

subsection a. of
section 11 of P.L.1941, c.151 (C.4:19-15.11).

(cf: P.L.2017, c.189, s.6)

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill amends current law
to provide for certain excess monies collected from animal license fees and
other fees imposed under animal control statutes, which are deposited in
special accounts established and held by a municipality or by the State, pursuant
to section 11 of P.L.1941, c.151 (C.4:15-19.11), to be transmitted,
respectively, to the county prosecutor�s office or to the Superintendent of
State Police for the enforcement and prosecution of the State�s animal cruelty
laws.

���� Current law provides that any
unexpended balance remaining in these special accounts may be retained in those
accounts until the end of the third fiscal year following; however, the law
further provides that, at the end of the following third fiscal year, and at
the end of each fiscal year thereafter, any amount then remaining in the State
or municipal special account, which amount is in excess of the total amount
paid into the special account during the last two fiscal years next preceding,
is to be transferred, respectively, to the State�s general fund or to the
general fund of the municipality.

���� The bill provides that,
commencing on the bill�s effective date, instead of transmitting excess funds
to the State or municipal general fund:� 1) any excess funds remaining in a
municipality�s special account are to be transmitted to the county prosecutor�s
office in the county where the municipality is located; and 2) any excess funds
remaining in the State special account are to be transmitted to the
Superintendent of State Police.�

���� The bill specifies that, of
the total amount transmitted to the county prosecutor�s office under the bill,
40 percent is to be retained by the county prosecutor�s office and 60 percent
is to be equally distributed among, and transmitted to, the various municipalities
in the county.� The bill further specifies that, of the total amount
transmitted to the Superintendent of State Police under the bill:� 40 percent
is to be retained by the Division of State Police in the Department of Law and
Public Safety; 50 percent is to be equally distributed among, and transmitted
to, the chief humane law enforcement officer of each county throughout the
State, who will then be required, in turn, to equally distribute, and transmit,
the amount received thereby to the chief law enforcement officer of each
municipality in the county, for use by the municipal humane law enforcement
officers appointed by the municipality; and 10 percent is to be transmitted to
the Law Enforcement Training and Equipment Fund for use by the Police Training
Commission.�

���� The bill provides that:� 1)
any monies that are transferred, under the bill, from the State or municipal
special funds, except those monies that are transferred to the Law Enforcement
Training and Equipment Fund, are to be used exclusively for the purposes of
offsetting the costs of, and otherwise facilitating and supporting, the
enforcement of the State�s animal cruelty laws within the county, municipality,
or State, as the case may be, including the investigation and prosecution of
animal cruelty offenses and the performance of necropsies on deceased animals;
and 2) any monies that are transferred to the Law Enforcement Training and
Equipment Fund are to be used by the State Police Training Commission exclusively
for the purposes of offsetting the costs of, and otherwise facilitating and
supporting, the training that is provided to humane law enforcement officers in
the State.

���� The bill authorizes the county
prosecutor, the Superintendent of State Police, and the chief humane law
enforcement officer of a county to provide for the transfer of any monies
transmitted thereto to the appropriate county, municipal, or State accounts, as
may be necessary to facilitate the purposes specified by the bill.