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A4587
ASSEMBLY, No. 4587
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 10, 2026
Sponsored by:
Assemblywoman� CAROL A. MURPHY
District 7 (Burlington)
Co-Sponsored by:
Assemblywoman Haider
SYNOPSIS
���� Provides for spaying and neutering stray or feral
cats and establishes fund therefor; designated as "Compassion for
Community Cats Law."
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning cat population control, designated as the
�Compassion for Community Cats Law," and amending, supplementing, and
repealing various parts of statutory law.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� (New section)� a.� There
is established in the Department of Health a special, nonlapsing fund to be
known as the �Compassion for Community Cats Fund.�� The fund shall be
administered by the department and shall be credited with:
���� (1) all fees collected
pursuant to section 1 of P.L.1983, c.181 (C.4:19-15.3c);
���� (2) all penalties collected
pursuant to subsection c. of section 2 of P.L. ,
c. (C. ) (pending before
the Legislature as this bill);
���� (3) moneys as may be
appropriated by the Legislature; and
���� (4) any return on investment
of moneys deposited in the fund.
���� b.��� Moneys in the fund shall
be used by the department solely for grants to municipalities and counties to
establish programs to humanely trap community cats, sterilize, ear-tip,
vaccinate against rabies, and return each community cat to the location where the
community cat was trapped.
���� c.���� The department shall
not use any moneys in the fund for administrative costs of the department.
���� d.��� As used in this section,
�community cat� means a cat, whether or not fearful of, or socialized to,
humans, that has no known owner, lives and freely roams in the outdoors, and
that may or may not be cared for by a person, including, but not limited to, a
person who provides food, water, veterinary care, or indoor or outdoor
protection from the weather.
���� 2.��� (New section) �a.�
Except as otherwise provided pursuant to subsection b. of this section, in
addition to the provisions of section 16 of P.L.1941, c.151 (C.4:19-15.16), no
cat may be released for adoption from an animal rescue organization facility,
shelter, pound, or kennel operating as a shelter or pound unless the cat has
been spayed or neutered by a licensed veterinarian.� The animal rescue
organization facility, shelter, pound, or kennel operating as a shelter or
pound may charge the cost of spaying or neutering the cat to the person
assuming ownership from the animal rescue organization facility, shelter,
pound, or kennel operating as a shelter or pound.
���� b.� The provisions of
subsection a. of this section shall not apply to a cat that:
���� (1) is less than two months
old;
���� (2) a licensed veterinarian
determines cannot be spayed or neutered for other health reasons affecting the
cat; or
���� (3) is being placed in a
foster home or transferred to another shelter, pound, kennel operating as a
shelter or pound, or animal rescue organization facility by a shelter, pound,
or kennel operating as a shelter or pound, except as otherwise provided in subsection
h. of section 16 of P.L.1941, c.151 (C.4:19-15.16).
���� c.���� Any person who violates
subsection a. of this section shall be subject to a civil penalty of up to
$1,000, to be collected by the Department of Health in a civil action by a
summary proceeding under the "Penalty Enforcement Law of 1999,"
P.L.1999, c.274 (C.2A:58-10 et seq.).� The Superior Court and the municipal
courts shall have jurisdiction to enforce the provisions of the "Penalty
Enforcement Law of 1999" pursuant to this section, and all moneys
collected pursuant to this subsection shall be deposited in the �Compassion for
Community Cats Fund,� established pursuant to section 1 of P.L.��� , c.
(C.������� ) (pending before the Legislature as this bill) for the purposes of
the fund.
���� d.� The Department of Health,
pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), may adopt rules and regulations necessary to implement
this section.
���� 3.��� Section 1 of P.L.1941,
c.151 (C.4:19-15.1) is amended to read as follows:
���� 1.��� As used in
P.L.1941, c.151 (C.4:19-15.1 et seq.):
���� �Animal rescue
organization� means an individual or group of individuals who, with or without
salary or compensation, house and care for homeless animals in the home of an
individual or in other facilities, with the intent of placing the animals in
responsible, more permanent homes as soon as possible.
���� �Animal rescue
organization facility� means the home or other facility in which an animal
rescue organization houses and cares for an animal.
���� �Certified
animal control officer� means a person 18 years of age or older who has
satisfactorily completed the course of study approved by the Commissioner of
Health and Senior Services and the Police Training Commission as prescribed by
paragraphs (1) through (3) of subsection a. of section 3 of P.L.1983, c.525
(C.4:19-15.16a); or 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.
����
�Community
cat�
means a cat, whether or not fearful of, or socialized to,
humans, that has no known owner, lives and freely roams in the outdoors, and
that may or may not be cared for by a person, including, but not limited to, a
person who provides food, water, veterinary care, or indoor or outdoor
protection from the weather.
����
�Community cat caregiver�
means a person who provides care to a community cat, including, but not limited
to, a person who provides food, water, veterinary care, or indoor or outdoor
protection from the weather.
���� �Dog� means any
dog, bitch or spayed bitch.
���� �Dog of
licensing age� means any dog which has attained the age of seven months or
which possesses a set of permanent teeth.
���� �Foster home�
means placement of a cat or dog with an individual or group that is not an
animal rescue organization for the purpose of temporarily caring for the cat or
dog, without the individual or group assuming ownership and with the intent of
the individual or group relinquishing the cat or dog to a suitable owner when
one is located.
���� �Kennel� means
any establishment wherein or whereon the business of boarding or selling dogs
or breeding dogs for sale is carried on, except a pet shop.
����
�Owner�
when applied to the proprietorship of a dog shall include every person having a
right of property in that dog and every person who has that dog in
[
his
]
the
person�s
keeping, and when applied to the proprietorship of any other
animal, including, but not limited to, a cat, shall include every person having
a right of property in that animal
[
and
every person who has that animal in his keeping.
]
and shall not include a
community cat caregiver.
���� �Pet shop� means
any place of business which is not part of a kennel, wherein animals,
including, but not limited to, dogs, cats, birds, fish, reptiles, rabbits,
hamsters or gerbils, are kept or displayed chiefly for the purpose of sale to
individuals for personal appreciation and companionship rather than for
business or research purposes.
���� �Pound� means an
establishment for the confinement of dogs or other animals seized either under
the provisions of this act or otherwise.
���� �Shelter� means
any establishment where dogs or other animals are received, housed and
distributed.
���� �Sterilize�
means to render an animal incapable of reproducing by either spaying or
neutering.
(cf: P.L.2011, c.142,
s.1)
���� 4.���
Section
1 of P.L.1983, c.181 (C.4:19-15.3c) is amended to read as follows:
���� 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 section 11 of P.L.1941, c.151
(C.4:19-15.11), any person applying for
[
the
]
a
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
]
�Compassion
for Community Cats Fund� established pursuant to section 1 of P.L.��� , c.� ���(C.�������
) (pending before the Legislature as this bill).
(cf: P.L.1983, c.181, s.1)
���� 5.���
Section
16 of P.L.1941, c.151 (C.4:19-15.16) is amended to read as follows:
���� 16.� a. The certified animal
control officer appointed by the governing body of the municipality shall take
into custody and impound any animal, to thereafter be euthanized or offered for
adoption, as provided in this section:
���� (1)�� Any dog off the premises
of the owner or of the person charged with the care of the dog, which is
reasonably believed to be a stray dog;
���� (2)�� Any dog off the premises
of the owner or the person charged with the care of the dog without a current
registration tag
[
on
its collar or elsewhere
]
;
���� (3)�� Any female dog in season
off the premises of the owner or the person charged with the care of the dog;
���� (4)�� Any dog or other animal
which is suspected to be rabid;
[
or
]
���� (5)�� Any dog
[
or other
animal
]
off the premises of the owner or the person charged with
[
its
]
the dog�s
care that is reported to, or observed by, a certified animal control officer to
be
[
ill,
injured, or
]
creating a threat to public health, safety, or welfare, or otherwise
interfering with the enjoyment of property
; or
����
(6)�� Any animal reported
to, or observed by, a certified animal control officer to be ill or injured
.
���� b.��� If an animal taken into
custody and impounded pursuant to subsection a. of this section has a collar or
harness with identification of the name and address of any person, or has a
registration tag, or has a microchip with an identification number that can be
traced to the owner or person charged with the care of the animal, or the owner
or the person charged with the care of the animal is otherwise known, the
certified animal control officer shall ascertain the name and address of the
owner or the person charged with the care of the animal, and serve to the
identified person as soon as practicable, a notice in writing that the animal
has been seized and will be liable to be offered for adoption or euthanized if
not claimed within seven days after the service of the notice.
���� c.���� A notice required
pursuant to this section may be served: (1) by delivering it to the person on
whom it is to be served, or by leaving it at the person's usual or last known
place of residence or the address given on the collar, harness, or microchip
identification; or (2) by mailing the notice to that person at the person's
usual or last known place of residence, or to the address given on the collar,
harness or microchip identification.
���� d.��� A shelter, pound, or
kennel operating as a shelter or pound receiving an animal from a certified
animal control officer pursuant to subsection a. of this section, or from any
other individual, group, or organization, shall hold the animal for at least seven
days before offering
[
it
]
the animal
for adoption, or euthanizing, relocating, or sterilizing the animal, except if:
���� (1)�� the animal is
surrendered voluntarily by
[
its
]
the
animal�s
owner to the shelter, pound, or kennel operating as a shelter or
pound, in which case the provisions of subsection e. of this section shall
apply; or
���� (2)�� the animal is suspected
of being rabid, in which case the provisions of subsection j. of this section
shall apply.
���� e.���� If a shelter, pound or
kennel operating as a shelter or pound is not required to hold an animal for at
least seven days pursuant to paragraph (1) of subsection d. of this section,
the shelter, pound, or kennel operating as a shelter or pound:
���� (1)�� shall offer the animal
for adoption for at least seven days before euthanizing
[
it
]
the animal
;
or
���� (2)�� may transfer the animal
to an animal rescue organization facility or a foster home prior to offering
[
it
]
the animal
for adoption if such a transfer is determined to be in the best interest of the
animal by the shelter, pound, or kennel operating as a shelter or pound.
���� f.���� Except as otherwise
provided for under subsection e. of this section, no shelter, pound, or kennel
operating as a shelter or pound receiving an animal from a certified animal
control officer may transfer the animal to an animal rescue organization facility
or a foster home until the shelter, pound, or kennel operating as a shelter or
pound has held the animal for at least seven days.
���� g.��� If the owner or the
person charged with the care of the animal seeks to claim
[
it
]
the animal
within seven days, or after the seven days have elapsed but before the animal
has been adopted or euthanized, the shelter, pound, or kennel operating as a
shelter or pound:
���� (1)�� shall, in the case of a
cat or dog, release
[
it
]
the cat or
dog
to the owner or person charged with
[
its
]
the
animal�s
care, provided the owner or person charged with the care of the
animal provides proof of ownership, which may include a valid cat or dog
license, registration, rabies inoculation certificate, or documentation from
the owner's veterinarian that the cat or dog has received regular care from
that veterinarian;
���� (2)�� may, in the case of a
cat or dog, charge the cost of sterilizing the cat or dog, if the owner
requests such sterilizing when claiming
[
it
]
the cat or
dog
; and
���� (3)�� may require the owner or
person charged with the care of the animal to pay all the animal's expenses
while in the care of the shelter, pound, or kennel operating as a shelter or
pound, not to exceed $4 per day.
���� h.��� If the animal remains
unclaimed, is not claimed due to the failure of the owner or other person to
comply with the requirements of this section, or is not adopted after seven
days after the date on which notice is served pursuant to subsection c. of this
section or, if no notice can be served, not less than seven days after the date
on which the animal was impounded, the impounded animal may be placed in a
foster home, transferred to another shelter, pound, kennel operating as a
shelter or pound, or animal rescue organization facility, or euthanized in a
manner causing as little pain as possible and consistent with the provisions of
R.S.4:22-19.
���� i.���� At the time of
adoption, the right of ownership in the animal shall transfer to the new owner.
�
Prior to the release to the person assuming ownership of a cat that has not
been spayed or neutered, the shelter, pound, or kennel operating as a shelter
or pound shall spay or neuter the cat except as otherwise provided in
subsection b. of section 2 of P.L. , c.
(C. ) (pending before the Legislature
as this bill).
� No dog or other animal taken into custody, impounded, sent
or otherwise brought to a shelter, pound, or kennel operating as a shelter or
pound shall be sold or otherwise be made available for the purpose of
experimentation. �Any person who sells or otherwise makes available any such
dog or other animal for the purpose of experimentation shall be guilty of a
crime of the fourth degree.
���� j.���� Any animal seized under
this section suspected of being rabid shall be immediately reported to the
executive officer of the local board of health and to the Department of Health,
and shall be quarantined, observed, and otherwise handled and dealt with as
appropriate for an animal suspected of being rabid or as required by the
Department of Health for the animals.
���� k.��� When a certified animal
control officer takes into custody and impounds, or causes to be taken into
custody and impounded, an animal, the certified animal control officer may
place the animal in the custody of, or cause the animal to be placed in the custody
of, only a licensed shelter, pound, or kennel operating as a shelter or pound.
The certified animal control officer may not place the animal in the custody
of, or cause the animal to be placed in the custody of, any animal rescue
organization facility, foster home, or other unlicensed facility.
However, the licensed shelter, pound, or kennel operating as a shelter or pound
may place the animal in an animal rescue organization facility, foster home, or
other unlicensed facility if necessary pursuant to subsection e. or h. of this
section.
���� l.���� Notwithstanding the
provisions of this section and sections 3 and 4 of P.L.2011, c.142
(C.4:19-15.30 and C.4:19-15.31) to the contrary, no cat or dog being
transferred between shelters, pounds, or kennels operating as shelters or
pounds, or being transferred to an animal rescue organization facility or
placed in a foster home, shall be required to be sterilized prior to that
transfer.
����
m.�� Notwithstanding the
provisions of this section, or any other law, rule, or regulation adopted
pursuant thereto, or municipal ordinance to the contrary, a shelter, pound, or
kennel operating as a shelter or pound shall not be required to hold a
community cat for any period of time before sterilizing, ear-tipping, or
vaccinating the community cat against rabies, and returning the community cat
to the location where the community cat was trapped.
(cf: P.L.2012, c.17, s.7)
���� 6.���
Section
2 of P.L.1983, c.172 (C.4:19A-1) is amended to read as follows:
���� 2.��� The department shall
establish and implement an Animal Population Control Program
[
(hereinafter
referred to as the "program")
]
.
�The purpose of
[
this
]
the
program shall be to reduce the
unwanted increase in
population of
[
unwanted and
stray dogs and cats
]
cats and dogs
by encouraging
[
the
owners of dogs and cats� to have them permanently sexually sterilized
]
the permanent
sexual sterilization of cats and dogs
, thereby reducing potential threats
to public health and safety posed by the growing population of these
[
unwanted and
stray
]
animals, and by providing low-cost animal sterilization services to
cat or
dog
owners
[
meeting
]
or community
cat caregivers who meet
at least one of the criteria of need enumerated in
section 3 of
[
this
act
]
P.L.1983,
c.172 (C.4:19A-2)
.
(cf: P.L.1983, c.172, s.2)
���� 7
.���
(New
section)� As used in sections 2 through 11 of P.L.1983, c.172 (C.4:19A-1 et
seq.):
���� �Community cat�
means
a cat, whether or not fearful of, or socialized to, humans, that has no known
owner, lives and freely roams in the outdoors, and that may or may not be cared
for by a person, including, but not limited to, by a person who provides food,
water, veterinary care, or indoor or outdoor protection from the weather.
���� �Community cat caregiver�
means a person who provides care to a community cat, including, but not limited
to, by a person who provides food, water, veterinary care, or indoor or outdoor
protection from the weather.
���� �Program� means the Animal
Population Control Program established pursuant to section 2 of P.L.1983, c.172
(C.4:19A-1).
���� 8.���
Section
3 of P.L.1983, c.172 (C.4:19A-2) is amended to read as follows:
���� 3.��� In order to be eligible
to participate in the program, an owner of a
cat or
dog
[
or cat
]
or a
community cat caregiver
shall be eligible for, and participate in, at least
one of the following:
���� a.���� The Food Stamp Program
authorized by Title XIII of the
federal �
Food and Agriculture Act of
1977,
�
Pub.L.95-113 (7 U.S.C. s.2011 et seq.)
, the New Jersey
Supplemental Nutrition Assistance Program, established pursuant to the federal
�Food and Nutrition Act of 2008,� Pub.L.88-525 (7 U.S.C. s.2011 et seq.), or
the New Jersey Supplementary Food Stamp Program established pursuant to the
�New Jersey Supplementary Food Stamp Program Act,� P.L.1998, c.32 (C.44:10-79
et seq.);
���� b.��� The Supplemental
Security Income Program established pursuant to Title XVI of the
federal �
Social
Security Act,
� Pub.L.92-603 (
42 U.S.C. s.1381 et seq.
)
;
����
c.���� The
[
program for
aid to families with dependent children, pursuant to P.L.1959, c.86 (C.44:10-1
et seq.)
]
special supplemental food program for women, infants and children, also
referred to as the �WIC� program, established pursuant to Pub.L.95-627 (42 U.S.C.
s.1786);
���� d.���
[
The program
for general public assistance, pursuant to the provisions of the "General
Public Assistance Law," P.L.1947, c.156 (C.44:8-107 et seq.)
]
The Work
First New Jersey program established pursuant to the �Work First New Jersey
Act,� P.L.1997, c.38 (C.44:10-55 et seq.), the general assistance program
established pursuant to the "Work First New Jersey General Public
Assistance Act," P.L.1947, c.156 (C.44:8-107 et seq.), or any successor
program thereof;
���� e.���� The program of medical
assistance pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.);�
���� f.���� The program of
"Pharmaceutical Assistance to the Aged and Disabled," established
pursuant to P.L.1975, c.194 (C.30:4D-20 et seq.)
or the �Senior Gold
Prescription Discount Program� established pursuant to �Senior Gold
Prescription Discount Act,� P.L.2001, c.96 (C.30:4D-43 et seq.)
;
����
g.
���
The rental
assistance program authorized pursuant to section 8 of the
federal �
United
States Housing Act of 1937
,� Pub.L.75-412,
as added by the
�
Housing
and Community Development Act of 1974,
�
Pub.L.93-383 (42 U.S.C. s.
1437(f))
or the State rental assistance program established pursuant to
P.L.2004, c.140 (C.52:27D-287.1 et seq.)
;
���� h.��� The "Lifeline
Credit Program" established pursuant to P.L.1979, c.197 (C.48:2-29.15 et
seq.);
[
or
]
���� i.���� The "Tenants'
Lifeline Assistance Program" established pursuant to P.L.1981, c.210
(C.48:2-29.30 et seq.)
; or
����
j.���� The Low Income Home
Energy Assistance Program established pursuant to the federal �Low-Income Home
Energy Assistance Act of 1981,� Pub.L.97-35 (42 U.S.C. s.8621 et seq.)
.
����
[
A resident of New Jersey who owns
a dog or cat shall also be eligible to participate in the program if the owner:
(1) submits to a veterinarian participating in the program proof, in the form
of a certificate of adoption, that the dog or cat was adopted from a New Jersey
licensed animal shelter, a New Jersey municipal, county, or regional pound, or
a New Jersey holding and impoundment facility that contracts with New Jersey
municipalities, or proof that the dog or cat was adopted through a non-profit
corporation operating an animal adoption referral service in New Jersey and
whose holding facility is licensed in accordance with State and municipal law;
or proof that the dog or cat was adopted through a non-profit corporation
operating an animal adoption referral service in New Jersey that does not
operate a holding facility; and, in the case of a dog, proof that the dog is
duly licensed pursuant to State and municipal law; and (2) pays a $20 fee, to
be deposited in the fund.
]
�The Department of Health may adopt, pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
[
such
]
rules and
regulations
[
as
may be
]
necessary to implement
[
this
amendatory act
]
P.L.1983, c.172 (C.4:19A-1 et al.)
.
(cf: P.L.1991, c.405, s.1)
���� 9.���
Section
4 of P.L.1983, c.172 (C.4:19A-3) is amended to read as follows:
���� 4.���
a.
� Any person
submitting a
[
dog
or
]
cat
or dog
, pursuant to the provisions of
[
this act
]
P.L.1983,
c.172 (C.4:19A-1 et al.)
for spaying or neutering, as the case may be,
shall:
����
[
a. Furnish
]
(1)� Provide
any
State
licensed veterinarian
[
of
this State
]
participating in the program with proof that the
cat or dog
owner
or community
cat caregiver, as applicable,
meets at least one of the eligibility
criteria pursuant to the provisions of section 3 of
[
this amendatory and supplementary
act
]
P.L.1983,
c.172 (C.4:19A-2)
;
����
[
b.
]
(2)
�Sign a consent form
:
(a)
certifying that the person is the owner of the dog or cat, or is
authorized by the owner to present the dog or cat for the procedure
[
; and
]
, or (b)
attesting that the community cat to be sterilized, ear-tipped, and vaccinated
against rabies has no known owner; and
����
[
c.
]
(3)
�Pay a fee of
[
$10.00, which
]
$10.
����
b.� The
fee shall be
forwarded to the commissioner for deposit in the �Animal Population Control
Fund
,
�
established pursuant to section 6 of P.L.1983, c.172
(C.4:19A-5)
.
(cf: P.L.1983, c.172, s.4)
���� 10.�
Section
5 of P.L.1983, c.172 (C.4:19A-4) is amended to read as follows:
���� 5.��� a. �Any
licensed veterinarian of this State may participate in the program upon filing
with the commissioner an application therefor, on forms prescribed by the
commissioner, which application shall supply, in addition to any other
information requested by the commissioner, an animal sterilization fee schedule
listing the fees charged for animal sterilization in the normal course of
business. These fees may vary with the animal's weight, sex and species. The
commissioner may, however, disqualify from participation in the program any
veterinarian whose fees are deemed unreasonable.
���� b.��� The commissioner shall, to the extent that moneys are available
therefor from the "Animal Population Control Fund," reimburse
participating veterinarians for 80
[
%
]
percent
of the fee for each animal
sterilization procedure administered, upon the submission of an animal
sterilization certificate, prescribed by the commissioner, signed by the
veterinarian and the
[
owner of
]
person submitting
the animal for each sterilization procedure.
���� c.���� The
commissioner shall reimburse from the fund any
State
licensed
veterinarian
[
of this State
]
participating in the program for
:
����
(1)
�� the
[
presurgical
]
immunization of dogs against distemper, hepatitis, leptospirosis, and
parvovirus
[
, or
]
;
����
(2)
�� the
[
presurgical
]
immunization of cats against feline panleukopenia, calici, pneumonitis
and rhinotracheitis
[
, as the case may be, which immunization shall be administered at least
10 days prior to reproductive surgery, on animals not previously immunized. The
reimbursement shall be for no more than $10.00 upon the written certification,
signed by the veterinarian and the owner of the animal, that the immunization
has been administered.
]
; or
����
(3) �the
immunization of community cats against rabies.
����
d.� The reimbursement shall
be for no more than
$10 upon the written certification,
signed by the veterinarian and the person submitting the cat or dog for spaying
or neutering, that the immunization has been administered.
����
e.� A
community cat spayed or neutered through the program shall also be ear-tipped
and vaccinated against rabies by the State licensed veterinarian performing the
spaying or neutering.
(cf: P.L.1983, c.172, s.5)
���� 11.�
Section
6 of P.L.1983, c.172 (C.4:19A-5) is amended to read as follows:�
���� 6.��� a. �The
commissioner may
:
����
(1)
solicit
and accept funds from any public or private source to help carry out the
provisions of P.L.1983, c.172 (C.4:19A-1 et al.)
; and
����
(2) contract
with a nonprofit organization that is exempt from federal taxation pursuant to
Section 501(c)(3) of the federal Internal Revenue Code, 26 U.S.C. s.501(c)(3),
for the administration of the Animal Population Control Program established
pursuant to section 2 of P.L.1983, c.172 (C.4:19A-1).
���� b.��� All fees
collected pursuant to section 1 of P.L.1983, c.172 (C.4:19-15.3b) and sections
3 and 4 of P.L.1983, c.172 (C.43:19A-2 and C.4:19A-3), all moneys from the
application and renewal fees collected for animal welfare license plates issued
pursuant to P.L.1993, c.184 (C.39:3-27.55 et seq.), and all moneys received
pursuant to subsection a. of this section, shall be placed in a special fund to
be known as the "Animal Population Control Fund," which shall be
separate from the General State Fund. �All moneys in the "Animal
Population Control Fund" shall be used by the commissioner exclusively for
the implementation and promotion of the program and for the costs associated
with the administration of P.L.1983, c.172 (C.4:19A-1 et al.), except as provided
in subsection c. of this section.
���� c.���� Moneys
deposited into the fund generated by the collection of application fees for
animal welfare license plates issued pursuant to P.L.1993, c.184 (C.39:3-27.55
et seq.) shall be utilized by the commissioner to reimburse the Division of
Motor Vehicles for all costs incurred by the division, as certified by the
director, of producing, issuing, renewing, and publicizing the availability of
animal welfare license plates.
���� No moneys
deposited in the "Animal Population Control Fund," established in
subsection b. of this section, except for the moneys generated by the
collection of application fees for animal welfare license plates issued
pursuant to P.L.1993, c.184 (C.39:3-27.55 et seq.), shall be utilized by the
Department of Health or the Division of Motor Vehicles for any expenses,
administrative or otherwise, related to the animal welfare license plates, or
the advertising and publicizing thereof, including, but not limited to notices,
posters and signs to be circulated or posted by the department or the division.
���� d.��� The
director shall annually certify to the commissioner the average cost per
license plate incurred in the immediately preceding year by the division in
producing, issuing, renewing, and publicizing the availability of animal
welfare license plates. �The annual certification of the average cost per
license plate shall be approved by the Joint Budget Oversight Committee, or its
successor.
���� e.���� In the
event that the average cost per license plate as certified by the director and
approved by the Joint Budget Oversight Committee, or its successor, is greater
than the $50 application fee established in subsection b. of section 1 of
P.L.1993, c.184 (C.39:3-27.55) in two consecutive fiscal years, the director
may discontinue the issuance of animal welfare license plates.
����
(cf: P.L.1995, c.145, s.3)
���� 12.�
Section
3 of P.L.2010, c.89 (C.45:16-9.4a) is amended to read as follows:
���� 3.���
a. �The
State Board of Veterinary Medical Examiners shall establish, through the
promulgation of regulations, any specific courses or topics which are to be
required for continuing veterinary education, and designate which are the core
requirements for continuing veterinary education, including the number of
required hours, subject matter and content of courses of study.
For purposes of this
section, �core requirements� means the continuing veterinary education
determined by the board to be necessary to maintain currency in professional
knowledge and skills in order to deliver competent veterinary care.
���� b.��� The board
may offset up to 10 percent of the requisite number of hours of continuing
veterinary education required pursuant to section 4 of P.L.1952, c.198
(C.45:16-9.4) by the number of volunteer veterinary services rendered by
licensees, at a rate of one half of one hour of continuing veterinary education
for each hour of volunteer veterinary services, provided that a veterinarian
shall be required to complete at least the core requirements established
pursuant to subsection a. of this section. In addition, the board may adopt a
formula providing a minimum number of spaying or neutering procedures that
shall be deemed the equivalent of one hour of continuing veterinary education.
���� The board may
reduce, in part, an application by a licensee to offset credits of continuing
veterinary education pursuant to this subsection if the board finds, in its
discretion, that the applicant requires continuing veterinary education in
order to maintain or restore professional competence, or may deny all
applications if the board finds that continuing veterinary education above the
core requirements is necessary because of developments in science or
technology.
���� The board may
also, in its discretion and for good cause, notify a veterinarian that the
veterinarian is ineligible to offset credits of continuing veterinary education
pursuant to this subsection for any other reason established by regulation by
the board.
���� c.���� As used
in this section
[
,
�volunteer
]
:
����
�Community
cat�
means a cat, whether or not fearful of, or socialized to,
humans, that has no known owner, lives and freely roams in the outdoors, and
that may or may not be cared for by a person, including, but not limited to, by
a person who provides food, water, veterinary care, or indoor or outdoor
protection from the weather.
����
�Volunteer
veterinary services� means veterinary care provided without charge to:
���� (1)�� a person
eligible for, and participating in, at least one of the programs enumerated in
section 3 of P.L.1983, c.172 (C.4:19A-2);
[
or
]
���� (2)�� a
licensed
shelter
[
or
]
,
pound
[
licensed by the Department of Health and Senior Services or a
municipally approved managed cat colony, provided that the municipality or
nonprofit group or organization managing the cat colony has attested in writing
to the veterinarian that the cat to be spayed or neutered or otherwise treated
by the veterinarian is feral or stray with no known owner.
]
, or kennel operating as a shelter or pound; or
����
(3)�� a municipality,
county, or nonprofit group or organization that is operating a program of
humanely trapping community cats, and sterilizing, ear-tipping, and vaccinating
the community cats against rabies before returning the community cats to the
locations where the community cats were trapped.
����
A person or entity
described in paragraph (1), (2), or (3) of this subsection providing or receiving
veterinary care without charge for a community cat shall attest in writing that
the cat has no known owner.�
(cf: P.L.2010, c.89, s.3)
���� 13.� Sections 3 and 4 of
P.L.2011, c.142 (C.4:19-15.30 and C.4:19-15.31) are repealed.
���� 14.� This act shall take effect
immediately.
STATEMENT
���� The bill, designated as the
�Compassion for Community Cats Law,� provides for the spaying and neutering of stray
or feral cats.
���� In particular, the bill
provides, with limited exceptions, that:
���� (1)�� no cat may be released
for adoption from an animal rescue organization facility, shelter, pound, or
kennel operating as a shelter or pound unless the cat has been spayed or
neutered by a licensed veterinarian; and
���� (2)�� any community cat
trapped and impounded at a shelter, pound, or kennel operating as a shelter or
pound, or trapped and taken to an animal rescue organization facility, must be
spayed or neutered, ear-tipped, and vaccinated against rabies before being
returned to the location where the community cat was trapped or given to a
person assuming ownership of the community cat.
���� The spaying and neutering
requirements do not apply to a cat or a community cat that:
���� (1)�� is less than two months
old;
���� (2)�� a licensed veterinarian
determines cannot be spayed or neutered for other health reasons affecting the
cat;
���� (3)�� is placed in a foster
home or transferred to another shelter, pound, kennel operating as a shelter or
pound, or animal rescue organization facility by a shelter, pound, or kennel
operating as a shelter or pound; or
���� (4)�� is to be euthanized in
accordance with the provisions of section 16 of P.L.1941, c.151 (C.4:19-15.16)
and R.S.4:22-19, which provide for humanely euthanizing animals after a
shelter, pound, or kennel operating as a shelter or pound has offered the
animal for adoption for at least seven days.
���� The bill authorizes an animal
rescue organization facility, shelter, pound, or kennel operating as a shelter
or pound to charge the cost of spaying or neutering the cat to the person
assuming ownership of the cat.�
���� The bill also amends various
sections of existing law to allow for the implementation of the new spaying and
neutering requirements established by the bill and other provisions of the
bill.� The bill authorizes the Department of Health (DOH) to adopt regulations
necessary to implement grant programs and fund the spaying and neutering
requirements established in the bill.
���� The bill establishes the �Compassion
for Community Cats Fund� in the DOH to provide grants to municipalities and
counties to establish programs to humanely trap community cats, and sterilize,
ear-tip, and vaccinate them against rabies, and return each feral cat to the
location where the cat was trapped.� The �Compassion for Community Cats Fund�
is to be credited with the monies collected for violations of the bill, the
surcharge on dog licenses imposed by section 1 of P.L.1983, c.181
(C.4:19-15.3c), any moneys appropriated by the Legislature, and any return on
investment of moneys deposited in the fund.
���� Finally, the bill repeals
sections 2 and 3 of P.L.2011, c.142 (C.4:19-15.30 and 4:19-15.31), known as the
�Pet Sterilization Pilot Program."
���� Feral cat populations have
existed in the State since the time of the first European settlements and they
continue to exist primarily due to a lack of effective management in the form
of spaying and neutering. To a lesser but still important extent, cats are
abandoned, stray from their owners, or are allowed to roam unsupervised, and,
if sexually intact, will reproduce. Feral cats are known as �community cats�
because they live outdoors and are not owned by anyone but may be cared for by
members of the community.� The practice of �catch and kill,� whereby community
cats are trapped and subsequently euthanized, has failed to effectively manage
feral cat populations and the continued use of �catch and kill� is an inhumane
practice that is incompatible with the moral values of this State.
���� �Trap, neuter, vaccinate and
return,� also known as �TNVR,� is the most effective, compassionate, and humane
method of managing these populations of community cats.� TNVR is a nonlethal
population control method in which community cats are humanely trapped,
vaccinated against rabies, and spayed or neutered by licensed veterinarians,
and then returned to the location where they were trapped. TNVR is also the
most effective method of reducing the burden of community cats on the State�s
animal shelters.� The Office of Veterinary Public Health in the Department of
Health reported that cats accounted for more than half of the animals impounded
and nearly 80 percent of the animals that were euthanized in the State�s animal
shelters in 2017.� The TNVR method of managing community cat populations is
also cost effective for the State�s taxpayers, the most beneficial to public
health, and results in improved quality of life for the residents of the
State.� Five counties and more than 150 municipalities in the State and the
National Animal Care and Control Association, the American Society for the
Prevention of Cruelty to Animals, and the Humane Society of the United States
endorse TNVR for managing community cat populations.
���� This bill would promote the
use of TNVR by enabling municipalities and counties to implement this
effective, compassionate and humane method of managing community cat
populations through provision of municipal startup grants and by appropriately
aligning the use of the Animal Population Control Fund with spraying and
neutering services in the State to manage community cat populations.