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New Hampshire

Consolidated Assistance Animal/Guide Dog Laws

Statute Details
Printable Version
Citation: N.H. Rev. Stat. 21-P:37-a; 167-D:1 - 10; 265:41-a

Citation: NH ST 21-P:37-a; 167-D:1 - 10; 265:41-a


Last Checked by Web Center Staff: 02/2014

Summary:  

The following statutes comprise the state's relevant assistance animal and guide dog laws.



Statute in Full:

466:8 Exemption From. (service dog licensing exemption)

Revised Statutes Annotated of the State of New Hampshire. Title I. The State and Its Government. Chapter 21-P. Department of Safety. Division of Emergency Services, Communications, and Management.

21-P:37-a State Policy for Service Animals.

Chapter 167-D. Hearing Ear Dogs, Guide Dogs, Service Dogs, and Search and Rescue Dogs.

167-D:1 Definitions.

167-D:2 Service Animal Duties.

167-D:3 Private Clubs, etc.

167-D:3-a Application of RSA 167-D:3 to Search and Rescue Dogs.

167-D:4 Service Animals May Accompany.

167-D:5 Application of RSA 167-D:4 to Search and Rescue Dogs.

167-D:6 Service Animal Trainer.

167-D:7 Licensing.

167-D:8 Prohibited Acts.

167-D:9 Nonuse of Service Animal.

167-D:10 Penalty.

Title XXI. Motor Vehicles. Chapter 265. Rules of the Road. Pedestrians' Rights and Duties.

265:41-a Approaching a Service Animal.

 

 

Revised Statutes Annotated of the State of New Hampshire. Title I. The State and Its Government. Chapter 21-P. Department of Safety. Division of Emergency Services, Communications, and Management.

21-P:37-a State Policy for Service Animals.

In cases of emergency, it shall be the policy of the state that service animals shall not be separated from the persons they serve. Every effort shall be made to keep service animals and the persons they serve together, and all appropriate state emergency planning and state sponsored emergency training shall be based on such assumptions.

HISTORY

Source. 2006, 230:2, eff. July 31, 2006. 

 

Title XII. Public Safety and Welfare. Chapter 167-D. Hearing Ear Dogs, Guide Dogs, Service Dogs, and Search and Rescue Dogs.

167-D:1 Definitions.

<[RSA 167-D:1 effective January 1, 2012]>

As used in this chapter:

I. “Housing accommodation” means any publicly assisted housing accommodation or any real property, or portion thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more persons, but shall not include any single family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.

II. “Public facility” means any place of public accommodation and any street, highway, sidewalk, walkway, public building, and any other place or structure to which the general public is regularly, normally, or customarily permitted or invited.

III. A “place of public accommodation” shall mean, but shall not be limited to, any tavern roadhouse, hotel, motel, or trailer camp, whether for entertainment of transient guests or accommodation of those seeking health, recreation, or rest; any producer, manufacturer, wholesaler, distributor, retail shop, store establishment, or concession dealing with goods or services of any kind; any restaurant, eating house, or place where food is sold for consumption on the premises; any place maintained for the sale of ice cream, ice, and fruit preparations or their derivatives, soda water or confections, or where any beverages of any kind are retailed for consumption on the premises; any garage; any public conveyance operated on land or water, or in the air, or any stations and terminals thereof; any bathhouse, boardwalk, or seashore accommodation; any auditorium, meeting place, or hall; any theatre, motion picture house, music hall, roof garden, skating rink, swimming pool, amusement and recreation park, fair, bowling alley, gymnasium, shooting gallery, billiard and pool parlor, or any other place of amusement; any comfort station; any dispensary, clinic, or hospital; any public library; any kindergarten, primary and secondary school, trade or business school, high school, academy, college and university, or any educational institution under the supervision of the state board of education, or the commissioner of education of the state of New Hampshire.

IV. “Service animal” means any dog 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. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for purposes of this definition.

V. “Service animal trainer” means any person who is employed by or volunteers for an organization generally recognized by agencies involved in the rehabilitation of mobility impaired persons as reputable and competent to provide service animals with training, and who is actively involved in the training process.

VI. “Search and rescue dog” means any dog which has been trained to perform typical search and rescue operations and is certified by a competent authority or holds a title from a competent authority or organization recognized by the office of the governor, the department of safety, the department of fish and game, or the Federal Emergency Management Agency or its successor agency.

HISTORY
 
Source. 2011, 170:2, eff. Jan. 1, 2012.

 

167-D:2 Service Animal Duties

<[RSA 167-D:2 effective January 1, 2012]>

I. The work or tasks performed by a service animal shall be directly related to the handler's disability. Work and tasks may include, but is not limited to:

(a) Assisting individuals who are blind or have low vision with navigation and other tasks.

(b) Alerting individuals who are deaf or hard of hearing to the presence of people or sounds.

(c) Providing nonviolent protection or rescue work.

(d) Pulling a wheelchair.

(e) Assisting an individual during a seizure.

(f) Alerting individuals to the presence of allergens.

(g) Retrieving items such as medicine or a telephone.

(h) Providing physical support and assistance with balance and stability to individuals with mobility disabilities.

(i) Helping persons with psychiatric and neurological disability by preventing or interrupting impulsive or destructive behaviors.

II. The crime determent effect of an animal's presence and the provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purposes of this chapter.

HISTORY

Source. 2011, 170:2, eff. Jan. 1, 2012.

 

167-D:3 Private Clubs, etc.

Nothing herein contained shall be construed to include or apply to any institution, bona fide club, or place of accommodation, which is in its nature distinctly private; nor shall anything herein contained apply to any educational facility operated or maintained by a bona fide religious or sectarian institution; and the right of a natural parent or one in loco parentis to direct the education and upbringing of a child under his or her control is hereby affirmed; nor shall anything herein contained be construed to bar any private secondary or postsecondary school from using good faith criteria other than race, creed, color, national origin, ancestry, or disability in admission of students.

HISTORY

Source. 2011, 170:2, eff. Jan. 1, 2012.

 

167-D:4 Service Animals May Accompany

<[RSA 167-D:4 effective January 1, 2012]>

It is lawful for any service animal to accompany his or her handler or trainer into any public facility, housing accommodation, or place of public accommodation to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

HISTORY

Source. 2011, 170:2, eff. Jan. 1, 2012.

 

167-D:5 Application of RSA 167-D:4 to Search and Rescue Dogs.

<[RSA 167-D:5 effective January 1, 2012]>

The provisions of RSA 167-D:4 shall also apply to dogs involved in search and rescue missions at the request of a government agency when such dogs are in the course of, or traveling to or from the scene of, their official duties.

HISTORY

Source. 2011, 170:2, eff. Jan. 1, 2012.

 

167-D:6 Service Animal Trainer.

<[RSA 167-D:6 effective January 1, 2012]>

A service animal trainer, while engaged in the actual training process and activities of such animals, shall have the same rights and privileges with respect to access to public facilities, and the same responsibilities as are applicable to persons with disabilities using a service animal.

HISTORY

Source. 2011, 170:2, eff. Jan. 1, 2012.

 

167-D:7 Licensing

<[RSA 167-D:7 effective January 1, 2012]>

Service animals shall be licensed as provided in RSA 466.

HISTORY

Source. 2011, 170:2, eff. Jan. 1, 2012.

 

167-D:8 Prohibited Acts.

I. It is unlawful for a person, directly or indirectly, either to prohibit, hinder, or interfere with a service animal's handler or trainer who otherwise complies with the limitations applicable to persons without disabilities.

<[Paragraph II effective until August 12, 2012; see also paragraph II set out below.]>

II. It is unlawful for any person to fit an animal with a collar, leash, or harness of the type which represents that the animal is a service animal, if in fact said animal is not and to thus use the animal to misrepresent the physical status of said person.

<[Paragraph II effective August 12, 2012; see also paragraph II set out above.]>

II. It is unlawful for any person to fit an animal with a collar, leash, or harness of the type which represents that the animal is a service animal, or service animal tag issued under RSA 466:8 if in fact said animal is not and to thus use the animal to misrepresent the physical status of said person.

III. It is unlawful for any person to willfully interfere or attempt to interfere with a service animal.

HISTORY

Source. 2011, 170:2, eff. Jan. 1, 2012. 2012, 211:2, eff. Aug. 12, 2012.

Amendments--2012. Paragraph II: Inserted “or service animal tag issued under RSA 466:8”.

Prior Law. 1983, 275:1; 1987, 404:25; 1989, 45:7; 1990, 131:4; 2005, 142:2; RSA 167-D:7.

 

167-D:9 Nonuse of Service Animal.

<[RSA 167-D:9 effective January 1, 2012]>

A person with a disability not using a service animal in any of the places, accommodations, or conveyances listed in RSA 167-D shall have all of the rights and privileges conferred by law upon other persons; and the failure of a person with a disability to use a service animal in those places, accommodations, or conveyances shall not be held to constitute nor be evidence of contributory negligence.

HISTORY

Source. 2011, 170:2, eff. Jan. 1, 2012.

 

167-D:10 Penalty.

<[RSA 167-D:10 effective January 1, 2012.]>

Any person violating any provision of this chapter shall be guilty of a misdemeanor.

HISTORY

Source. 2011, 170:2, eff. Jan. 1, 2012.

 

Title XXI. Motor Vehicles. Chapter 265. Rules of the Road. Pedestrians' Rights and Duties.

265:41-a Approaching a Service Animal.

<[RSA 265:41-a effective January 1, 2012]>

The driver of a vehicle approaching a person using a service animal shall take all necessary precautions to avoid injury to that person, and any driver who fails to take such precautions shall be liable in damages for any injury caused to that person.

HISTORY

Source. 1983, 275:3, eff. Aug. 17, 1983. 2011, 170:5, eff. Jan. 1, 2012.

Amendments--2011. Substituted “Service Animal” for “Hearing Ear Dog” in the section catchline, deleted “deaf or hearing impaired” following “approaching a”, and substituted “service animal” for “properly identified hearing ear dog”.

 



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