Bill Text: NJ S3028 | 2020-2021 | Regular Session | Amended
Bill Title: Permits dogs to visit at State veterans' residential facilities.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2021-06-15 - Reported from Senate Committee with Amendments, 2nd Reading [S3028 Detail]
Download: New_Jersey-2020-S3028-Amended.html
Sponsored by:
Senator ANTHONY M. BUCCO
District 25 (Morris and Somerset)
Co-Sponsored by:
Senators Corrado, Testa and Brown
SYNOPSIS
Permits dogs to visit at State veterans' residential facilities.
CURRENT VERSION OF TEXT
As reported by the Senate Military and Veterans' Affairs Committee on June 15, 2021, with amendments.
An Act concerning 1[service and emotional support animals] dogs1 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[1. a. Notwithstanding any other law, rule, or regulation to the contrary, service animals and emotional support animals shall be permitted at any State veterans' residential facility. A service animal or emotional support animal shall be under the control of the veteran with the disability or an alternate handler at all times while on a State veterans' residential facility property. A service animal or emotional support animal shall have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal's safe, effective performance of work or tasks, in which case the service animal or emotional support animal shall be otherwise under the handler's control by voice control, signals, or other effective means. A State veterans' residential facility shall not be responsible for the care or supervision of a service animal or emotional support animal.
b. Except as provided in this subsection, animals other than service animals or emotional support animals shall not be permitted on a State veterans' residential facility property. A State veterans' residential facility head or designee may permit certain non-service animals and non-emotional support animals to be present on State veterans' residential facility property for the following reasons:
(1) law enforcement purposes; or
(2) animals under the control of the Office of Research and Development in the federal Department of Veterans Affairs.]1
11. 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.1
2. a. A 1[service animal or emotional support animal] dog1 shall be denied access to a State veterans' residential facility or removed from that facility if:
(1) the 1[animal] dog1 is not under the control of the 1[veteran with a disability or an alternate]1 handler;
(2) the 1[animal] dog1 is not trained to eliminate its waste in an outdoor area; or
(3) the 1[animal] dog1 otherwise poses a risk to the health or safety of people or other 1[service animals or emotional support animals] dogs1.
b. In determining whether 1[an animal] a dog1 poses a risk to the health or safety of people or other 1[service animals] dogs1, 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 1[service animal or emotional support animal] dog1, such as growling, biting or snapping, baring its teeth, lunging; or
(2) external signs of parasites on the 1[service animal or emotional support animal] dog1, including fleas or ticks, or other external signs of disease or bad health, including diarrhea or vomiting.
c. 1[If a service animal or emotional support animal is denied access to a State veterans' residential facility or removed from that facility pursuant to subsections a. and b. of this section, the State veterans' residential facility shall give the veteran with a disability the opportunity to obtain services without having the service animal or emotional support animal on the State veterans' residential facility property.] 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.1
1[3. A veteran accompanied by a service animal or emotional support animal shall provide documentation with the following information:
(1) the animal has been certified, trained, or licensed as a service animal or emotional support animal, that lists the work or tasks the animal has been trained to perform; and
(2) confirms the service animal or emotional support animal has had a current rabies vaccine as determined by State and local public health requirements, and current core canine vaccines and immunizations as dictated by local veterinary practice standards, which, at a minimum, include distemper, parvovirus, and adenovirus-2.]1
1[4.] 3.1 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 1[animal] dogs1" means 1[a dog] dogs1 that a health service provider has determined provides the emotional support, well-being, comfort, or companionship necessary to alleviate the symptoms of a 1[mental, emotional, psychological, or psychiatric condition or illness] disability1. 1[This definition shall not include other species of animals, whether wild or domestic, trained or untrained.]1
"Service 1[animal] dogs1" means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability 1[, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by a service animal shall be directly related to the individual's disability. This definition shall not include other species of animals, whether wild or domestic, trained or untrained]1.
"State veterans' residential facility" means any State veterans' memorial home or Veterans Haven facility.
1[5.] 4.1 This act shall take effect 1[immediately] 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 act1.
