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

                                  7533

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Infrastructure and Capital
  Investment

AN ACT to amend chapter 154 of the laws of 1921, relating  to  the  port
  authority  of  New  York  and  New  Jersey, in relation to authorizing
  domestic companion animals be permitted to board any public  transpor-
  tation  or  public  transportation  service in the event of a state of
  emergency and evacuation of a region

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

  Section  1.  Section 1 of chapter 154 of the laws of 1921, relating to
the port authority of New York and New Jersey, is amended  by  adding  a
new article VII-B to read as follows:
                               ARTICLE VII-B
  1. A. FOR THE PURPOSES OF THIS ARTICLE:
  (I)  "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.
  (II)  "PUBLIC  TRANSPORTATION  OR PUBLIC TRANSPORTATION SERVICE" MEANS
RAIL PASSENGER SERVICE,  MOTORBUS  REGULAR  ROUTE  SERVICE,  PARATRANSIT
SERVICE, MOTORBUS CHARTER SERVICE, AND FERRY PASSENGER SERVICE.
  B. (I) 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 PUBLIC  TRANS-
PORTATION  OR  PUBLIC TRANSPORTATION SERVICE WITH THE 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 EMERGENCY PLANS PERTAINING TO THE NEEDS  OF  ANIMALS  AND

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

                                                           LBD14492-01-4

S. 7533                             2

INDIVIDUALS  WITH  AN  ANIMAL  UNDER  THEIR CARE. THE PROVISIONS OF THIS
ARTICLE SHALL ONLY APPLY TO THE OWNERS OF DOMESTIC COMPANION ANIMALS WHO
ARE EVACUATING FROM A REGION OF THE STATE AFFECTED BY THE  EMERGENCY  OR
LOCAL  DISASTER  EMERGENCY AS DEFINED IN SECTION TWENTY OF THE EXECUTIVE
LAW, OR A LOCAL STATE OF EMERGENCY, AS DEFINED IN SECTION TWENTY-FOUR OF
THE EXECUTIVE LAW.
  (II) A DOMESTIC COMPANION ANIMAL MAY BE REFUSED  PERMISSION  TO  BOARD
ANY  PUBLIC TRANSPORTATION OR PUBLIC TRANSPORTATION SERVICE, EVEN IF THE
ANIMAL IS UNDER THE OWNER'S CONTROL OR PROPERLY CONFINED  IN  ACCORDANCE
WITH THIS PARAGRAPH IF THERE IS REASONABLE CAUSE TO BELIEVE THAT, DUE TO
ATTENDANT  CIRCUMSTANCES,  PERMITTING  THE  ANIMAL TO BOARD WOULD POSE A
HEALTH OR SAFETY HAZARD.
  C. ALL PASSENGERS WITH SERVICE ANIMALS SHALL BE GIVEN PRIORITY SEATING
ON ALL MEANS OF TRANSPORTATION REGULATED BY THIS ARTICLE  IN  ACCORDANCE
WITH  THE  FEDERAL  "AMERICANS WITH DISABILITIES ACT OF 1990" (42 U.S.C.
S.12101 ET SEQ.). FOR THE PURPOSES OF  THIS  ARTICLE,  "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 THE ACT.
  D.  ALL  PASSENGERS ON ANY PUBLIC TRANSPORTATION OR PUBLIC TRANSPORTA-
TION SERVICE SHALL BE  PROVIDED  SEATING  BEFORE  A  DOMESTIC  COMPANION
ANIMAL MAY BE PLACED IN A SEAT.
  2.  THE  PORT  AUTHORITY IS HEREBY AUTHORIZED TO MAKE AND ENFORCE SUCH
RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS ARTICLE.
  S 2. This act shall take effect upon the enactment  into  law  by  the
state  of  New  Jersey of legislation having an identical effect; but if
the state of New Jersey shall have  already  enacted  such  legislation,
then  this act shall take effect immediately and provided that the state
of New Jersey shall notify the legislative bill drafting commission upon
the occurrence of the enactment of the provisions provided for  in  this
act  in  order  that  the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state of New
York in furtherance of effecting the provisions of  section  44  of  the
legislative law and section 70-b of the public officers law.