S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9809

                          I N  A S S E M B L Y

                              May 23, 2014
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation  to  authorizing
  domestic  companion  animals  to  be  permitted  to board any commuter
  transportation operated by the metropolitan  transportation  authority
  or any of its subsidiaries in the event of a state emergency and evac-
  uation of a region

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public authorities law  is  amended  by  adding  a  new
section 1264-a to read as follows:
  S 1264-A. STATE OF EMERGENCY; BOARDING OF A COMMUTER TRANSPORTATION BY
DOMESTIC COMPANION ANIMALS. 1. FOR THE PURPOSES OF THIS SECTION:
  (A) "COMMUTER TRANSPORTATION" MEANS COMMUTER TRANSPORTATION, AND OTHER
RELATED SERVICES AND FACILITIES, OPERATED BY THE AUTHORITY OR ANY OF ITS
SUBSIDIARIES,  INCLUDING BUT NOT LIMITED TO SUCH TRANSPORTATION BY RAIL-
ROAD, OMNIBUS, MARINE AND AIR, IN ACCORDANCE WITH THIS TITLE.
  (B) "DOMESTIC COMPANION ANIMAL" MEANS A COMPANION  ANIMAL  OR  PET  AS
DEFINED  IN  SECTION  THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS
LAW AND SHALL ALSO MEAN ANY OTHER  DOMESTICATED  ANIMAL  NORMALLY  MAIN-
TAINED  IN  OR  NEAR  THE HOUSEHOLD OF THE OWNER OR PERSON WHO CARES FOR
SUCH OTHER DOMESTICATED ANIMAL. "PET" OR "COMPANION  ANIMAL"  SHALL  NOT
INCLUDE  A  "FARM  ANIMAL", AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE AGRICULTURE AND MARKETS LAW.
  2. (A) IN THE EVENT THAT A STATE OF EMERGENCY HAS BEEN DECLARED AND AN
EVACUATION OF ANY REGION OF THE STATE IS IN PROGRESS,  THE  OWNER  OF  A
DOMESTIC  COMPANION  ANIMAL  SHALL  BE  PERMITTED  TO BOARD ANY COMMUTER
TRANSPORTATION WITH SUCH DOMESTIC  COMPANION  ANIMAL  SO  LONG  AS  THAT
ANIMAL  IS  UNDER THE OWNER'S CONTROL BY USE OF A LEASH OR TETHER, OR IS
PROPERLY CONFINED IN AN  APPROPRIATE  CONTAINER  OR  BY  OTHER  SUITABLE
MEANS,  PROVIDED THAT SUCH BOARDING IS AUTHORIZED BY AND CONSISTENT WITH
THE PROVISIONS OF STATE DISASTER EMERGENCY PLANS OR LOCAL STATE OF EMER-
GENCY PLANS PERTAINING TO THE NEEDS OF ANIMALS AND INDIVIDUALS  WITH  AN
ANIMAL UNDER THEIR CARE. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15290-01-4

A. 9809                             2

TO  THE  OWNERS  OF DOMESTIC COMPANION ANIMALS WHO ARE EVACUATING FROM A
REGION OF THE STATE AFFECTED BY AN EMERGENCY OR  DISASTER,  OR  A  LOCAL
STATE  OF  EMERGENCY, AS DEFINED IN SECTION TWENTY-FOUR OF THE EXECUTIVE
LAW.
  (B) A DOMESTIC COMPANION ANIMAL MAY BE REFUSED PERMISSION TO BOARD ANY
COMMUTER TRANSPORTATION, EVEN IF THE ANIMAL IS UNDER THE OWNER'S CONTROL
OR  PROPERLY  CONFINED  IN  ACCORDANCE WITH THIS SUBDIVISION IF THERE IS
REASONABLE CAUSE  TO  BELIEVE  THAT,  DUE  TO  ATTENDANT  CIRCUMSTANCES,
PERMITTING THE ANIMAL TO BOARD WOULD POSE A HEALTH OR SAFETY HAZARD.
  3. ALL PASSENGERS WITH SERVICE ANIMALS SHALL BE GIVEN PRIORITY SEATING
ON  ALL  MEANS  OF  TRANSPORTATION REGULATED BY THIS TITLE IN ACCORDANCE
WITH THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF  1990"  (42  U.S.C.
S.12101  ET  SEQ.).  FOR  THE PURPOSES OF THIS SECTION, "SERVICE ANIMAL"
SHALL HAVE THE SAME MEANING AS SET FORTH IN THE FEDERAL "AMERICANS  WITH
DISABILITIES  ACT  OF  1990"  (42  U.S.C. S.12101 ET SEQ.) AND ANY REGU-
LATIONS UNDER SUCH ACT.
  4. ALL PASSENGERS ON ANY COMMUTER  TRANSPORTATION  SHALL  BE  PROVIDED
SEATING BEFORE A DOMESTIC COMPANION ANIMAL MAY BE PLACED IN A SEAT.
  5.  THE  AUTHORITY  IS AUTHORIZED TO PROMULGATE AND ENFORCE SUCH RULES
AND REGULATIONS AS SHALL BE NECESSARY FOR  THE  IMPLEMENTATION  OF  THIS
SECTION.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.