S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4956
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by M. of A. ROSENTHAL, CUSICK, BRINDISI, WEPRIN -- read once
   and referred to the Committee on Corporations, Authorities and Commis-
   sions
 
 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-E to read as follows:
                                ARTICLE VII-E
   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.
              

                                                            LBD02448-02-7

 A. 4956                             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.
   § 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 effectuating the provisions of section 44 of  the
 legislative law and section 70-b of the public officers law.