Bill Text: NJ S2197 | 2022-2023 | Regular Session | Introduced
Bill Title: Permits dogs to visit at State veterans' residential facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-03-07 - Introduced in the Senate, Referred to Senate Military and Veterans' Affairs Committee [S2197 Detail]
Download: New_Jersey-2022-S2197-Introduced.html
Sponsored by:
Senator ANTHONY M. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Permits dogs to visit at State veterans' residential facilities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning dogs at certain State veterans' residential facilities and supplementing chapter 3 of Title 38A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any other law, rule, or regulation to the contrary, dogs, including, but not limited to, emotional support dogs, may be permitted at any State veterans' residential facility on a temporary basis.
If permitted by the State veterans' residential facility, family members of residents at the facility may bring a dog to visit the resident. At the request of the State veterans' residential facility, animal shelters, nonprofit organizations, including, but not limited to, animal organizations and veterans service organizations, or charity groups may also bring dogs to the facility to visit residents at the facility.
The Department of Military and Veterans Affairs shall take into consideration the health and respiratory needs of the residents when considering the presence of dogs at a State veterans' residential facility, and shall adopt rules and regulations consistent with federal law and guidelines to effectuate the provisions of this act, P.L. , c. (C. )(pending before the Legislature as this bill).
b. (1) A dog brought to a State veterans' residential facility by a family member of a resident shall have a harness, leash, or other tether. If the handler is unable because of a disability to use a harness, leash, or other tether, the dog shall be under the handler's control by voice command, signals, or other effective means.
(2) A dog brought by an animal shelter, nonprofit organization, or charity group may go without a harness, leash, or other tether in an outdoor setting at the discretion of the dog's handler and the management at the facility. If in an indoor setting, a dog brought by an animal shelter, nonprofit organization, or charity group shall have a harness, leash, or other tether. If the handler with the animal shelter, nonprofit organization, or charity group is unable because of a disability to use a harness, leash, or other tether, the dog shall be under the handler's control by voice command, signals, or other effective means.
c. The Department of Military and Veterans Affairs may designate a specific indoor, outdoor, or indoor and outdoor area at the State veterans' residential facility for dogs that are visiting a resident of the facility. A State veterans' residential facility shall not be responsible for the care or supervision of a dog while the dog is at the facility. The facility may, but shall not be required to, provide bowls with water to visiting dogs.
d. Nothing in this section shall affect the ability of the Department of Military and Veterans Affairs to adopt rules and regulations consistent with federal law and guidelines to permit or prohibit a dog from being at the facility overnight or permanently.
2. a. A dog shall be denied access to a State veterans' residential facility or removed from that facility if:
(1) the dog is not under the control of the handler;
(2) the dog is not trained to eliminate its waste in an outdoor area; or
(3) the dog otherwise poses a risk to the health or safety of people or other dogs.
b. In determining whether a dog poses a risk to the health or safety of people or other dogs, the State veterans' residential facility shall make an individualized assessment based on objective indications to ascertain the severity of the risk, including, but not limited to, the following:
(1) external signs of aggression from the dog, such as growling, biting or snapping, baring its teeth, lunging; or
(2) external signs of parasites on the dog, including fleas or ticks, or other external signs of disease or bad health, including diarrhea or vomiting.
c. Prior to permitting a dog at the State veterans' residential facility, the handler shall provide documentation to the facility that the dog has had a current rabies vaccine as determined by State and local public health requirements, and current core canine vaccines and immunizations as required by local veterinary practice standards, which, at a minimum, shall include distemper, parvovirus, and adenovirus-2. The vaccination and immunization documentation requirement in this subsection shall not apply to service dogs.
3. As used in this act, P.L. , c. (C. ) (pending before the Legislature as this bill):
"Disability" means a physical or sensory disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, muteness or speech impairment, or physical reliance on a service animal, wheelchair, or other remedial appliance or device, or any mental, psychological, or developmental disability.
"Emotional support dogs" means dogs that a health service provider has determined provides the emotional support, well-being, comfort, or companionship necessary to alleviate the symptoms of a disability. "Service dogs" means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability.
"State veterans' residential facility" means any State veterans' memorial home or Veterans Haven facility.
4. This act shall take effect on the 60th day after the date of enactment, but the Department of Military and Veterans Affairs may take any anticipatory administrative action in advance thereof as may be necessary for the implementation of this act.
STATEMENT
This bill permits dogs to visit residents at State veterans' residential facilities.
Under federal law, service animals are permitted on federal Department of Veterans Affairs (VA) property with some restrictions. The federal regulation defines service animals as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by a service animal are required to be directly related to the individual's disability. The federal regulation does not include emotional support animals in its definition of service animals; therefore, emotional support animals are not permitted on federal VA property.
Under the bill dogs, including, but not limited to, emotional support dogs, may be permitted at any State veterans' residential facility on a temporary basis.
If permitted by the State veterans' residential facility, family members of residents at the facility may bring a dog to visit the resident. At the request of the State veterans' residential facility, animal shelters, nonprofit organizations, including, but not limited to, animal organizations and veterans service organizations, or charity groups may also bring dogs to the facility to visit residents at the facility.
The bill provides that the Department of Military and Veterans Affairs must take into consideration the health and respiratory needs of the residents when considering the presence of dogs at a State veterans' residential facility, and must adopt rules and regulations consistent with federal law and guidelines to effectuate the provisions of the bill.
Under the bill, a dog brought to a State veterans' residential facility by a family member of a resident must have a harness, leash, or other tether. If the handler is unable because of a disability to use a harness, leash, or other tether, the dog must be under the handler's control by voice command, signals, or other effective means.
The bill also provides that a dog brought by an animal shelter, nonprofit organization, or charity group may go without a harness, leash, or other tether in an outdoor setting at the discretion of the dog's handler and the management at the facility. However, if in an indoor setting, a dog brought by an animal shelter, nonprofit organization, or charity group must have a harness, leash, or other tether, except that if the handler with the animal shelter, nonprofit organization, or charity group is unable because of a disability to use a harness, leash, or other tether, the dog must be under the handler's control by voice command, signals, or other effective means.
Under the bill, a dog would be denied access to a State veterans' residential facility or removed from that facility if:
(1) the dog is not under the control of the handler;
(2) the dog is not trained to eliminate its waste in an outdoor area; or
(3) the dog otherwise poses a risk to the health or safety of people or other dogs.
Nothing in bill would affect the ability of the Department of Military and Veterans Affairs to adopt rules and regulations consistent with federal law and guidelines to permit or prohibit a dog from being at the facility overnight or permanently.
Under the bill, "State veterans' residential facility" means any State veterans' memorial home or Veterans Haven facility.
