[First Reprint] ASSEMBLY, No. 848 STATE OF NEW JERSEY. 208th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 1998 SESSION

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1 [First Reprint] ASSEMBLY, No. STATE OF NEW JERSEY 0th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE SESSION Sponsored by: Assemblywoman CLARE M. FARRAGHER District (Monmouth) Assemblyman MICHAEL J. ARNONE District (Monmouth) SYNOPSIS Regulates sale of horses and prohibits mistreatment of horses. CURRENT VERSION OF TEXT As reported by the Assembly Agriculture and Natural Resources Committee on March,, with amendments.

2 AN ACT concerning the sale and treatment of horses, and amending various parts of the statutory law. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:. R.S.:- is amended to read as follows: :-. No person shall either ill-treat, overdrive, override or cruelly or unnecessarily beat a horse. A person who violates this section shall be guilty of a disorderly persons offense and subject to the provisions of R.S.:-, R.S.:-, and R.S.:-, as appropriate. (cf: R.S.:-). R.S.:- is amended to read as follows: :-. A person who shall receive or offer for sale a horse that is suffering from abuse or neglect, or which by reason of disability, disease, abuse or lameness, or for any other cause, could not be worked, ridden or otherwise used for show, exhibition, or recreational purposes, or kept as a domestic pet without violating the provisions of this article or any law of this State relating to cruelty to animals shall be guilty of a disorderly persons offense. (cf: P.L., c., s.). R.S.:- is amended to read as follows: :-. A person who shall: a. Overdrive, overload, drive when overloaded, overwork, torture, torment, deprive of necessary sustenance, or cruelly beat or otherwise abuse or needlessly mutilate or kill a living animal or creature; b. Cause or procure to be done by his agent, servant, employee or otherwise an act enumerated in subsection "a." of this section; c. Inflict unnecessary cruelty upon a living animal or creature of which he has charge or custody either as owner or otherwise, or unnecessarily fail to provide it with proper food, drink, shelter or protection from the weather; d. Receive or offer for sale a horse that is suffering from abuse or neglect, or which by reason of disability, disease, abuse or lameness, or any other cause, could not be worked, ridden or otherwise used for show, exhibition or recreational purposes, or kept as a domestic pet without violating the provisions of this article; e. Keep, use, be connected with or interested in the management of, or receive money or other consideration for the admission of a EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and intended to be omitted in the law. Matter underlined thus is new matter. Matter enclosed in superscript numerals has been adopted as follows: Assembly AAN committee amendments adopted March,.

3 person to, a place kept or used for the purpose of fighting or baiting a living animal or creature; f. Be present and witness, pay admission to, encourage, aid or assist in an activity enumerated in subsection "e." of this section; g. Permit or suffer a place owned or controlled by him to be used as provided in subsection "e." of this section; h. Carry, or cause to be carried, a living animal or creature in or upon a vehicle or otherwise, in a cruel or inhuman manner; i. Use a dog or dogs for the purpose of drawing or helping to draw a vehicle for business purposes; j. Impound or confine or cause to be impounded or confined in a pound or other place a living animal or creature, and shall fail to supply it during such confinement with a sufficient quantity of good and wholesome food and water; k. Abandon a maimed, sick, infirm or disabled animal or creature to die in a public place; l. Willfully sell, or offer to sell, use, expose, or cause or permit to be sold or offered for sale, used or exposed, a horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the health or life of human beings or animals, or who shall, when any such disease is beyond recovery, refuse, upon demand, to deprive the animal of life; m. Own, operate, manage or conduct a roadside stand or market for the sale of merchandise along a public street or highway; or a shopping mall, or a part of the premises thereof; and keep a living animal or creature confined, or allowed to roam in an area whether or not the area is enclosed, on these premises as an exhibit; except that this subsection shall not be applicable to: a pet shop licensed pursuant to P.L., c. (C.:-. et seq.); a person who keeps an animal, in a humane manner, for the purpose of the protection of the premises; or a recognized breeders' association, a -H club, an educational agricultural program, an equestrian team, a humane society or other similar charitable or nonprofit organization conducting an exhibition, show or performance; n. Keep or exhibit a wild animal at a roadside stand or market located along a public street or highway of this State; a gasoline station; or a shopping mall, or a part of the premises thereof; o. Sell, offer for sale, barter or give away or display live baby chicks, ducklings or other fowl or rabbits, turtles or chameleons which have been dyed or artificially colored or otherwise treated so as to impart to them an artificial color; p. Use any animal, reptile, or fowl for the purpose of soliciting any alms, collections, contributions, subscriptions, donations, or payment of money except in connection with exhibitions, shows or performances conducted in a bona fide manner by recognized breeders' associations, -H clubs or other similar bona fide organizations;

4 q. Sell or offer for sale, barter, or give away living rabbits, turtles, baby chicks, ducklings or other fowl under two months of age, for use as household or domestic pets; r. Sell, offer for sale, barter or give away living baby chicks, ducklings or other fowl, or rabbits, turtles or chameleons under two months of age for any purpose not prohibited by subsection q. of this section and who shall fail to provide proper facilities for the care of such animals; s. Artificially mark sheep or cattle, or cause them to be marked, by cropping or cutting off both ears, cropping or cutting either ear more than one inch from the tip end thereof, or half cropping or cutting both ears or either ear more than one inch from the tip end thereof, or who shall have or keep in his possession sheep or cattle, which he claims to own, marked contrary to this subsection unless they were bought in market or of a stranger; t. Abandon a domesticated animal; u. For amusement or gain, cause, allow, or permit the fighting or baiting of a living animal or creature; v. Own, possess, keep, train, promote, purchase, or knowingly sell a living animal or creature for the purpose of fighting or baiting that animal or creature; or w. Gamble on the outcome of a fight involving a living animal or creature-- Shall forfeit and pay a sum not to exceed $0.00, except in the case of a violation of subsection "t." a mandatory sum of $00, and $,000 if the violation occurs on or near a roadway, to be sued for and recovered, with costs, in a civil action by any person in the name of the New Jersey Society for the Prevention of Cruelty to Animals. (cf: P.L., c.0, s.). R.S.:- is amended to read as follows: [:-] :-. As used in this article: "Agent" means any person buying, receiving, soliciting or negotiating the sale of cattle, sheep, horse or swine for or on behalf of any dealer or broker. "Broker" means any person engaged in the business of soliciting or negotiating the sale, resale, exchange or shipment of cattle, sheep, horse or swine. "Cattle" means all dairy, feeding, beef or breeding animals of bovine genus. "Sheep" means all animals of ovine genus. "Swine" means all animals of porcine genus. "Dealer" means any person engaged in the business of buying, receiving, selling, exchanging, soliciting or negotiating the sale, resale, exchange or shipment of any cattle, sheep, horse or swine. "Secretary" means the Secretary of Agriculture.

5 "Board" means the State Board of Agriculture. "Horse" means all animals of equus [caballus family] genus. (cf: P.L., c., s.). R.S.:- is amended to read as follows: :-. This article shall not apply: a. To any person who receives, buys, exchanges or ships cattle, sheep, horses or swine exclusively for slaughter; b. To any person who is permanently discontinuing the business of dairying, breeding or feeding cattle, sheep, horses or swine; or c. To any person who purchases, receives or exchanges cattle, sheep, horses or swine for the sole purpose of increasing or improving his herd or flock. (cf: P.L., c., s.). R.S.:- is amended to read as follows: :-. A person, before engaging in the business referred to in section :- of this Title shall, annually on or before June, file an application for a license with the secretary on a form prescribed by him and pay an application fee of $0.00 which shall not be returned if the license is not granted. The application shall state the nature of the business, the breed or breeds of cattle, sheep, horses or swine which the applicant proposes to handle, the name of the person applying for the license, and, if the applicant be a firm, association, partnership or corporation, the full name of each member of such firm, association, partnership or the names of the officers of the corporation, and the name of the agent or agents of the applicant, the municipality and the post-office address at which the business is to be conducted, and such other facts as the secretary shall prescribe. The applicant shall further satisfy the secretary of his or its character, financial responsibility and good faith in seeking to engage in the business. (cf: P.L., c., s.). R.S.:- is amended to read as follows: :-. Upon compliance by the applicant with the terms of section :- of this Title, the secretary shall, subject to the provisions of this article, issue a license entitling the applicant or his agent to conduct the business of buying or receiving cattle, sheep, horses or swine, or receiving, selling, exchanging, soliciting or negotiating the sale, resale, exchange or shipment of cattle, sheep, horses or swine at the place named in the application, until June 0 next following. If application is made and an application fee of $.00 is paid subsequent to July in any license year, the license shall run until July next following. (cf: P.L., c., s.)

6 R.S.:- is amended to read as follows: :-. The secretary may decline to grant or may revoke a license when he is satisfied that: a. The applicant or licensee has violated the State laws or official regulations governing interstate or intrastate movement of cattle, sheep, horses or swine; b. In the buying or receiving of cattle, sheep, horses or swine, or receiving, selling, exchanging, soliciting or negotiating the sale, resale, exchange or shipment of cattle, sheep, horses or swine, there have been false or misleading statements as to the health or physical condition of the animals with regard to official tests, or quantity of cattle, sheep, horses or swine or the practice of fraud or misrepresentation in connection therewith; c. As shown by a continual course of dealing, the licensee is unable or unwilling to conduct properly the business of a dealer or broker; d. The applicant or licensee has knowingly bought or received cattle, sheep, horses or swine, or received, sold, exchanged, solicited or negotiated the sale, resale or exchange of cattle, sheep, horses or swine that were diseased and likely to transmit such disease to other cattle, sheep, horses or swine, or human beings; e. There has been a failure to practice ordinary measures of sanitation of barns, stables, premises or vehicles used for the stabling, holding or transporting of cattle, sheep, horses or swine; [or] f. There has been a continual or persistent failure to keep records required by the secretary or by law; or that there is a refusal on the part of the licensee to produce books, accounts or records of transactions in the carrying on of the business for which the license is granted; or g. There has been a continual or persistent failure to comply with the provisions of R.S.:- et seq. relating to cruelty to animals. (cf: P.L., c., s.). R.S.:- is amended to read as follows: :-. The licensee and each of his agents shall carry an agent's card at all times, when buying or receiving cattle, sheep, horses or swine, or receiving, selling, exchanging, soliciting or negotiating the sale, resale, or shipment of cattle, sheep, horses or swine. The licensee or agent shall exhibit the card to persons with whom he is negotiating or from whom he is soliciting business and to the secretary or assistant whom the secretary may designate. (cf: P.L., c., s.) 0. Section of P.L., c. (C.:-.) is amended to read as follows:. The board may adopt and promulgate such rules and regulations as it may deem necessary to carry out the provisions of this act and to

7 0 0 prevent the spread of disease among cattle, sheep, horses and swine. (cf: P.L., c., s.). R.S.:- is amended to read as follows: :-. A person who shall: a. Engage in or carry on the business of buying or receiving cattle, sheep, horses or swine, or receiving, selling, exchanging, soliciting or negotiating the sale, resale, exchange or shipment of cattle, sheep, horses or swine, as dealer, broker or agent, within the meaning of this article, without first having obtained a license as provided in this article; or b. Violate any of the provisions of this article-- Shall be liable to a penalty of $00.00 for the first offense and $00.00 for the second and each subsequent offense, which penalty shall be sued for and recovered by and in the name of the department in the manner provided in article of chapter of this Title ( :- et seq.) and in such proceeding the defendant may be arrested upon the commencement of the action. If judgment is rendered for the plaintiff the court shall cause a defendant who shall fail to pay forthwith the amount of the judgment rendered against him, and all costs and charges incident thereto, to be committed to the county jail for a period of not less than nor more than 0 days in the case of a first offense and not less than 0 nor more than 00 days for a second and each subsequent offense. (cf: P.L., c., s.). This act shall take effect immediately.