New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A2268 Compare Versions

Only one version of the bill is available at this time.

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1	1	ASSEMBLY, No. 2268 STATE OF NEW JERSEY 220th LEGISLATURE INTRODUCED FEBRUARY 7, 2022
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3	3	ASSEMBLY, No. 2268
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7	7	STATE OF NEW JERSEY
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9	9	220th LEGISLATURE
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13	13	INTRODUCED FEBRUARY 7, 2022
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17	17	Sponsored by: Assemblywoman CAROL A. MURPHY District 7 (Burlington) SYNOPSIS Bars enforcement of provision in decedent's will that would require euthanasia of healthy domestic companion animal. CURRENT VERSION OF TEXT As introduced.
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21	21	Sponsored by:
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23	23	Assemblywoman CAROL A. MURPHY
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25	25	District 7 (Burlington)
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35	35	SYNOPSIS
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37	37	Bars enforcement of provision in decedent's will that would require euthanasia of healthy domestic companion animal.
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41	41	CURRENT VERSION OF TEXT
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43	43	As introduced.
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47	47	An Act concerning domestic companion animals and supplementing Title 3B of the New Jersey Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. As used in this act: (1) "Fiduciary" includes executors, general administrators of an intestate estate, administrators with the will annexed, substituted administrators, substituted administrators with the will annexed, guardians, substituted guardians, trustees, substituted trustees and, unless restricted by the subject or context, temporary administrators, administrators pendente lite, administrators ad prosequendum, administrators ad litem and other limited fiduciaries. (2) "Domestic companion animal" means any animal commonly referred to as a pet or one that has been bought, bred, raised or otherwise acquired, in accordance with local ordinances and State and federal law, for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes. b. Any provision in a will that directs the fiduciary to euthanize a healthy domestic companion animal is against public policy and is void and unenforceable. 2. This act shall take effect immediately. STATEMENT This bill would bar the enforcement of any provision in a decedent's will that would require the euthanasia of a healthy pet. The bill was prompted by reports in March 2019 that a healthy Shih Tzu in Virginia was euthanized pursuant to her late owner's will. Reportedly, a local animal shelter had offered to hold the dog for adoption, but the executor declined. The executor brought the dog to a vet, where she was euthanized. Under the bill, any provision in a will that directs the fiduciary to euthanize a healthy domestic companion animal is against public policy and is void and unenforceable. The bill's definition of "fiduciary" is identical to that in N.J.S.3B:1-1: the term includes includes executors, general administrators of an intestate estate, administrators with the will annexed, substituted administrators, substituted administrators with the will annexed, guardians, substituted guardians, trustees, substituted trustees and, unless restricted by the subject or context, temporary administrators, administrators pendente lite, administrators ad prosequendum, administrators ad litem and other limited fiduciaries. The bill defines "domestic companion animal" as any animal commonly referred to as a pet or one that has been bought, bred, raised or otherwise acquired, in accordance with local ordinances and State and federal law, for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes.
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49	49	An Act concerning domestic companion animals and supplementing Title 3B of the New Jersey Statutes.
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53	53	Be It Enacted by the Senate and General Assembly of the State of New Jersey:
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57	57	1. a. As used in this act:
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59	59	(1) "Fiduciary" includes executors, general administrators of an intestate estate, administrators with the will annexed, substituted administrators, substituted administrators with the will annexed, guardians, substituted guardians, trustees, substituted trustees and, unless restricted by the subject or context, temporary administrators, administrators pendente lite, administrators ad prosequendum, administrators ad litem and other limited fiduciaries.
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61	61	(2) "Domestic companion animal" means any animal commonly referred to as a pet or one that has been bought, bred, raised or otherwise acquired, in accordance with local ordinances and State and federal law, for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes.
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63	63	b. Any provision in a will that directs the fiduciary to euthanize a healthy domestic companion animal is against public policy and is void and unenforceable.
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67	67	2. This act shall take effect immediately.
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73	73	STATEMENT
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77	77	This bill would bar the enforcement of any provision in a decedent's will that would require the euthanasia of a healthy pet.
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79	79	The bill was prompted by reports in March 2019 that a healthy Shih Tzu in Virginia was euthanized pursuant to her late owner's will. Reportedly, a local animal shelter had offered to hold the dog for adoption, but the executor declined. The executor brought the dog to a vet, where she was euthanized.
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81	81	Under the bill, any provision in a will that directs the fiduciary to euthanize a healthy domestic companion animal is against public policy and is void and unenforceable.
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83	83	The bill's definition of "fiduciary" is identical to that in N.J.S.3B:1-1: the term includes includes executors, general administrators of an intestate estate, administrators with the will annexed, substituted administrators, substituted administrators with the will annexed, guardians, substituted guardians, trustees, substituted trustees and, unless restricted by the subject or context, temporary administrators, administrators pendente lite, administrators ad prosequendum, administrators ad litem and other limited fiduciaries.
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85	85	The bill defines "domestic companion animal" as any animal commonly referred to as a pet or one that has been bought, bred, raised or otherwise acquired, in accordance with local ordinances and State and federal law, for the primary purpose of providing companionship to the owner, rather than for business or agricultural purposes.