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

                                  3850

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02251-01-5
              

S. 3850                             2

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
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.