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

                                   539

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

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

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

                                                           LBD02362-01-5

A. 539                              2

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
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.