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.
STATE OF NEW YORK
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3321
2015-2016 Regular Sessions
IN SENATE
February 5, 2015
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
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 § 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02362-01-5
S. 3321 2
1 the provisions of state disaster emergency plans or local state of emer-
2 gency plans pertaining to the needs of animals and individuals with an
3 animal under their care. The provisions of this section shall only apply
4 to the owners of domestic companion animals who are evacuating from a
5 region of the state affected by an emergency or disaster, or a local
6 state of emergency, as defined in section twenty-four of the executive
7 law.
8 (b) A domestic companion animal may be refused permission to board any
9 commuter transportation, even if the animal is under the owner's control
10 or properly confined in accordance with this subdivision if there is
11 reasonable cause to believe that, due to attendant circumstances,
12 permitting the animal to board would pose a health or safety hazard.
13 3. All passengers with service animals shall be given priority seating
14 on all means of transportation regulated by this title in accordance
15 with the federal "Americans with Disabilities Act of 1990" (42 U.S.C.
16 s.12101 et seq.). For the purposes of this section, "service animal"
17 shall have the same meaning as set forth in the federal "Americans with
18 Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and any regu-
19 lations under such act.
20 4. All passengers on any commuter transportation shall be provided
21 seating before a domestic companion animal may be placed in a seat.
22 5. The authority is authorized to promulgate and enforce such rules
23 and regulations as shall be necessary for the implementation of this
24 section.
25 § 2. This act shall take effect on the thirtieth day after it shall
26 have become a law.
