A09809 Summary:

BILL NO    A09809 

SAME AS    SAME AS S07637

SPONSOR    Rosenthal

COSPNSR    

MLTSPNSR   

Add S1264-a, Pub Auth L

Authorizes domestic companion animals be permitted to board any commuter
transportation operated by the metropolitan transportation authority or any of
its subsidiaries in the event of a state of emergency and evacuation.
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A09809 Memo:

BILL NUMBER:A9809

TITLE OF BILL:  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 evacuation of a region

PURPOSE:  To authorize domestic companion animals be permitted to
board any commuter transportation operated by the Metropolitan
Transportation Authority (MTA) in the event of a state of emergency or
evacuation.

SUMMARY OF PROVISIONS:

Section 1 amends the public authorities law by adding a new section
1264-a, State of Emergency; boarding of a commuter transportation by
domestic companion animals.

Section 2 is the effective date.

JUSTIFICATION:  During Superstorm Sandy, many pet owners refused to
evacuate when requested because they could not take their companion
animals with them to safety. This situation to refuse evacuation not
only jeopardized the lives of residents and defenseless pets, but also
the emergency-personnel struggling to evacuate them.

This bill would authorize the MTA to allow pet owners to board any
public transportation service during a declared state of emergency.
This bill would provide a reasonable, common sense approach to public
and animal safety.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE:  This act shall take effect on the thirtieth day after
it shall have become a law.
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A09809 Text:

                           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:

    1    Section 1. The public authorities law  is  amended  by  adding  a  new
    2  section 1264-a to read as follows:
    3    S 1264-A. STATE OF EMERGENCY; BOARDING OF A COMMUTER TRANSPORTATION BY
    4  DOMESTIC COMPANION ANIMALS. 1. FOR THE PURPOSES OF THIS SECTION:
    5    (A) "COMMUTER TRANSPORTATION" MEANS COMMUTER TRANSPORTATION, AND OTHER
    6  RELATED SERVICES AND FACILITIES, OPERATED BY THE AUTHORITY OR ANY OF ITS
    7  SUBSIDIARIES,  INCLUDING BUT NOT LIMITED TO SUCH TRANSPORTATION BY RAIL-
    8  ROAD, OMNIBUS, MARINE AND AIR, IN ACCORDANCE WITH THIS TITLE.
    9    (B) "DOMESTIC COMPANION ANIMAL" MEANS A COMPANION  ANIMAL  OR  PET  AS
   10  DEFINED  IN  SECTION  THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS
   11  LAW AND SHALL ALSO MEAN ANY OTHER  DOMESTICATED  ANIMAL  NORMALLY  MAIN-
   12  TAINED  IN  OR  NEAR  THE HOUSEHOLD OF THE OWNER OR PERSON WHO CARES FOR
   13  SUCH OTHER DOMESTICATED ANIMAL. "PET" OR "COMPANION  ANIMAL"  SHALL  NOT
   14  INCLUDE  A  "FARM  ANIMAL", AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
   15  THE AGRICULTURE AND MARKETS LAW.
   16    2. (A) IN THE EVENT THAT A STATE OF EMERGENCY HAS BEEN DECLARED AND AN
   17  EVACUATION OF ANY REGION OF THE STATE IS IN PROGRESS,  THE  OWNER  OF  A
   18  DOMESTIC  COMPANION  ANIMAL  SHALL  BE  PERMITTED  TO BOARD ANY COMMUTER
   19  TRANSPORTATION WITH SUCH DOMESTIC  COMPANION  ANIMAL  SO  LONG  AS  THAT
   20  ANIMAL  IS  UNDER THE OWNER'S CONTROL BY USE OF A LEASH OR TETHER, OR IS
   21  PROPERLY CONFINED IN AN  APPROPRIATE  CONTAINER  OR  BY  OTHER  SUITABLE
   22  MEANS,  PROVIDED THAT SUCH BOARDING IS AUTHORIZED BY AND CONSISTENT WITH
   23  THE PROVISIONS OF STATE DISASTER EMERGENCY PLANS OR LOCAL STATE OF EMER-
   24  GENCY PLANS PERTAINING TO THE NEEDS OF ANIMALS AND INDIVIDUALS  WITH  AN
   25  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

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