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STATE OF NEW JERSEYEXECUTlVE DEPARTMENT

May 12, 2011SENATE COMMITTEE SUBSTITUTE FOR

SENATE BILL No. 1643(Fourth Reprint)

To the Senate:Pursuant to Article V, Section I, Paragraph 14 of the New

Jersey Constitution, I am returning Senate Committee Substitutefor Senate Bill No. 1643 (Fourth Reprint) with myrecommendations for reconsideration.

This bill would require that all cats and dogs adopted fromvarious facilities be sterilized. This bill would also updatethe current law regarding impoundment, clarifying the types ofindividuals who are permitted to impound animals, and thedifferent types of facilities where animals can be housed.

While I recognize the sponsors' efforts to reduce petoverpopulation and animal homelessness, this bill will result inincreased costs to counties and municipalities without anyidentifiable source of revenue to implement these newresponsibilities. Moreover, imposing stringent mandatory feeson individuals seeking to adopt unwanted animals, including asurcharge on owners seeking to reclaim their lost pets, maycreate a chilling effect upon animal adoption throughout theState. As a result, the bill is unlikely to yield its intendedbenefits and requires amendment.

According to the American Society for the Prevention ofCruelty to Animals (ASPCA), millions of cats and dogs areeuthanized each year, or suffer as strays, because of unplannedlitters that could have been prevented through sterilization.The Monmouth County SPCA estimates that a single stray cat cangive birth to twelve kittens in one year alone. While it is alaudable purpose to seek ways to prevent unnecessary animal

suffering and death, we cannot do so at the expense of local

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governments, particularly with limited information as to the

anticipated efficacy of such a program.A more efficient and reasonable approach is to evaluate

this proposal to address animal overpopulation an volunteeringmunicipalities. Such an approach recognizes the limitedresources available to many local governments, and permits thosewhose citizens wish to devote their resources to animal welfareto participate. Accordingly, I recommend the bill be amended toallow the Department of Health and Senior Services to establisha Pet Sterilization Pilot Program, allowing for the voluntaryparticipation of select communities to carefully assess thepotential effectiveness of the program proposed in thislegislation. The Program will assist in developing a review ofthe costs associated with implementing the Program, and informthe decision as to whether the Program should be extended State-wide. My recommendations would require the Department of Healthand Senior Services to report its findings and recommendationson the Program to the Governor and the Legislature no later thantwo years after the Program becomes fully operative. Finally, Irecommend clarifying certain definitions in the bill to ensureproper compliance.

Accordingly, I herewith return Senate Committee Substitutefor Senate Bill No. 1643 (Fourth Reprint) and recommend that itbe amended as follows:Page 2, Section 1, Line 15: After "care for" delete...".-----\\seemingly unowned orunwanted" and insert\\homeless"Page 3, Section 1, Line 20: After "houseddistributed."""Sterilize"to renderincapable ofby eitherneutering.

animal" shalldomestic animaloff the owner's

andinsertshall meanan animalreproducingspaying or\\Straymean athat J.Sproperty

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and not under the directcontrol of the owner orperson charged wi th thecare of the animal.ll

Page 10, Section 2, Line 19: After "(2) Any doq"insert "or other animalllPage 10, Section 2, Line 20: After "care of the doq"insert "or other animalllPage 10, Section 2, Line 21: After "its collarllinsert "or elsewherellPage 10, Section 2, Line 36: After "registrationtag,ll insert "or has amicrochip with anidentification numberthat can be traced tothe owner or personcharged with the care ofthe animal,"Page II, Section 2, Line 7: "oridentificationll

"harnessll insertmicrochipAfter

Page II, Section 2, Line 10: After "the collar orharness" insert "ormicrochipidentification"

Page II, Section 2, Lines 12-46: Delete ~n their entiretyPage 12, Section 2, Lines 1-47: Delete in their entiretyPage 13, Section 2, Lines 1-32: Delete in their entiretyPage 13, Line 33: Insert new section 3 toread as follows:

"3. (New Section) a.The Department ofHealth and SeniorServices shall develop apilot program to beknown as the "PetSterilization PilotProgram, II or \\rogram. IIThe Program shall beestablished in a countyor counties withsignificant animaloverpopulation issues,which is selected by theCommissioner of theDepartment of Health andSenior Services, andwhich agrees toparticipate in theProgram. All pounds,shelters, or kennelsoperating as a shelteror pound located in suchcounty or counties shallparticipate in theProgram. The Programshall operate for aduration of at least twoyears. Not later than

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two years after theProgram is establishedand becomes operative,the Commissioner shallsubmit a written reportto the Governor and,pursuant to section 2 ofP.L.1991, c.164(C.52:14-19.1), to theLegislature, which shallcontain information onthe implementation ofthe Program and shallinclude therecommendation of theCommissioner of theDepartment of Health andSenior Services on thefeasibility ofimplementing the Programon a Statewide basis.b. Pursuant to theProgram, a pound,shelter, or kenneloperating as a shelteror pound receiving ananimal from a certifiedanimal control officerpursuant to subsectiona. of section 16 ofP.L.1941, c.151,(C.4:19-15.16), or fromany other individual,group, or organization,shall hold the animalfor at least seven daysbefore offering it foradoption, oreuthanizing, relocating,or sterilizing theanimal, except if:(1) the animal issurrendered voluntarilyby its owner to thepound, shelter, orkennel operating as ashelter or pound;

(2) the age,health, or other careneeds of the animalrequire the pound,shelter, or kenneloperating as a shelteror pound to place it inan animal rescuefacility, foster home,or other facility,licensed or otherwise ior (3) the animal issuspected of beingrabid, in which case theanimal shall immediatelybe reported to theexecutive officer of thelocal board of healthand to the Department ofHealth and SeniorServices, and shall be

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quarantined, observed,and otherwise handledand dealt with asappropriate for ananimal suspected ofbeing rabid or asrequired by theDepartment of Health andSenior Services for suchanimals.c. If a pound,shelter, or kenneloperating as a shelteror pound is not requiredto hold an animal for atleast seven dayspursuant to subsectionb. of this section, thepound, shelter, orkennel operating as ashelter or pound:

(l) Shall offer theanimal for adoption forat least seven daysbefore euthanizing it,unless the animal isdeemed by a licensedveterinarian to beterminally ill andtherefore should beeuthanized for humanereasons; or

(2) May transferthe animal to an animalrescue organizationfacility or a fosterhome prior to offeringit for adoption if sucha transfer is determinedto be in the bestinterest of the animalby the pound, shelter,or kennel operating as ashelter or pound.d. Except as otherwiseprovided for undersubsections b. and c. ofthis section, no pound,shelter, or kenneloperating as a shelteror pound receiving ananimal from a certifiedanimal control officermay transfer the animalto an animal rescueorganization facility ora foster home until thepound, shelter, orkennel operating as ashelter or pound hasheld the animal for atleast seven days."

Page 15, Section 3, Lines 33-47: Delete in their entirety

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Page 16, Section 3 , Lines 1-47: Delete in their entirety

Page 17, Section 3, Lines 1-10: Delete l.ntheir entiretyPage 17, Section 4, Line 12: After "(New Section) a."delete "A" and insert"Pursuant to theProgram, a"Page 17, Section 4, Line 15: After "(l) the cat ordog" delete "cannot besterilized because it istoo"Page 17, Section 4, Line 16: Delete "young" and

insert "is less than sixmonths old"Page 17, Section 4, Line 16: Deletethan" "of not less

Page 17, Section 4, Line 17: Delete "$100. Theamount of the refundabledeposit may" and insert", the amount of whichis to"Page 17, Section 4, Lines 19-20: After "rescue

organization facility"delete ",provided thatthe deposit is not lessthan $100."Page 17, Section 4, Line 33: After "this sectionwithin" delete "90"insert "180"

if,and

Page 17, Section 4, Lines 37-38: After "for reasonsthan" delete "thedog is too youngsterilized" and"age"

othercat orto beinsert

Page 17, Section 4, Line 43: After "reasons otherthan" delete "being tooyoung" and insert "age"Page 18, Section 4, Lines 1-2: After "for reasons otherthan" delete "the cat ordog is too young to besterilized" and insert"age"Page 18, Section 5, Line 8: After "rescueorganization facilityshall" insert \\, if theidentity of the owner isnot known,"Page 18, Section 5, Line 12: After \\oradoption,""transferring it"insert "transfer"

dog fordeleteand

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Page 18, Section 5, Line 13: After "oror" deleteand insertof"

foster home,"euthanizing""euthanasia

Page 18, Section 5, Line 15: After "rescueorganization facilityshall" insert ", if theidentity of the owner isnot known,"Respectfully,lsi Chris ChristieGovernor

[seal]

Attest:lsi Jeffrey S. ChiesaChief Counsel to the Governor

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