A3981

An Act concerning service and emotional support animals 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, 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.

2. a. A service animal or emotional support animal shall be denied access to a State veterans’ residential facility or removed from that facility if:

(1) the animal is not under the control of the veteran with a disability or an alternate handler;

(2) the animal is not trained to eliminate its waste in an outdoor area; or

(3) the animal otherwise poses a risk to the health or safety of people or other service animals or emotional support animals.

b. In determining whether an animal poses a risk to the health or safety of people or other service animals, 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 service animal or emotional support animal, such as growling, biting or snapping, baring its teeth, lunging; or

(2) external signs of parasites on the service animal or emotional support animal, including fleas or ticks, or other external signs of disease or bad health, including diarrhea or vomiting.

c. 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.

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.

4. 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 animal” means a dog that a health service provider has determined provides the emotional support, well-being, comfort, or companionship necessary to alleviate the symptoms of a mental, emotional, psychological, or psychiatric condition or illness. This definition shall not include other species of animals, whether wild or domestic, trained or untrained.

“Service animal” means 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 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.

“State veterans’ residential facility” means any State veterans’ memorial home or Veterans Haven facility.

5. This act shall take effect immediately.

STATEMENT

This bill permits veterans to have dogs as service and emotional support animals at a State veterans’ residential facility.

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, the State law is aligned with federal standards by permitting dogs as service animals at State veterans’ residential facilities. The bill further expands beyond federal law to permit dogs as emotional support animals at State veterans’ residential facilities. As veterans become increasingly diagnosed with post-traumatic stress disorder (PTSD), health care providers are recommending an emotional support animal to many veterans. Under the bill, those veterans with emotional support needs will not be excluded from having a dog on State veterans’ residential facility property.

The bill prohibits animals other than service animals or emotional support animals on a State veterans’ residential facility property unless the animal is present for law enforcement purposes or under the control of the Office of Research and Development in the federal Department of Veterans Affairs. The bill also requires a veteran accompanied by a service animal or emotional support animal to 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 minimum includes distemper, parvovirus, and adenovirus-2.

Under the bill, State veterans’ residential facility” means any State veterans’ memorial home or Veterans Haven facility.