STATE OF NEW YORK
________________________________________________________________________
3850
2015-2016 Regular Sessions
IN SENATE
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:
1 Section 1. Section 1 of chapter 154 of the laws of 1921, relating to
2 the port authority of New York and New Jersey, is amended by adding a
3 new article VII-B to read as follows:
4 ARTICLE VII-B
5 1. a. For the purposes of this article:
6 (i) "Domestic companion animal" means a companion animal or pet as
7 defined in section three hundred fifty of the agriculture and markets
8 law and shall also mean any other domesticated animal normally main-
9 tained in or near the household of the owner or person who cares for
10 such other domesticated animal. "Pet" or "companion animal" shall not
11 include a "farm animal," as defined in section three hundred fifty of
12 the agriculture and markets law.
13 (ii) "Public transportation or public transportation service" means
14 rail passenger service, motorbus regular route service, paratransit
15 service, motorbus charter service, and ferry passenger service.
16 b. (i) 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 public trans-
19 portation or public transportation service with the domestic companion
20 animal so long as that animal is under the owner's control by use of a
21 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
1 by other suitable means, provided that such boarding is authorized by
2 and consistent with the provisions of state disaster emergency plans or
3 local state of emergency plans pertaining to the needs of animals and
4 individuals with an animal under their care. The provisions of this
5 article shall only apply to the owners of domestic companion animals who
6 are evacuating from a region of the state affected by the emergency or
7 local disaster emergency as defined in section twenty of the executive
8 law, or a local state of emergency, as defined in section twenty-four of
9 the executive law.
10 (ii) A domestic companion animal may be refused permission to board
11 any public transportation or public transportation service, even if the
12 animal is under the owner's control or properly confined in accordance
13 with this paragraph if there is reasonable cause to believe that, due to
14 attendant circumstances, permitting the animal to board would pose a
15 health or safety hazard.
16 c. All passengers with service animals shall be given priority seating
17 on all means of transportation regulated by this article in accordance
18 with the federal "Americans with Disabilities Act of 1990" (42 U.S.C.
19 s.12101 et seq.). For the purposes of this article, "service animal"
20 shall have the same meaning as set forth in the federal "Americans with
21 Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and any regu-
22 lations under the act.
23 d. All passengers on any public transportation or public transporta-
24 tion service shall be provided seating before a domestic companion
25 animal may be placed in a seat.
26 2. The port authority is hereby authorized to make and enforce such
27 rules and regulations necessary for the implementation of this article.
28 § 2. This act shall take effect upon the enactment into law by the
29 state of New Jersey of legislation having an identical effect; but if
30 the state of New Jersey shall have already enacted such legislation,
31 then this act shall take effect immediately and provided that the state
32 of New Jersey shall notify the legislative bill drafting commission upon
33 the occurrence of the enactment of the provisions provided for in this
34 act in order that the commission may maintain an accurate and timely
35 effective data base of the official text of the laws of the state of New
36 York in furtherance of effecting the provisions of section 44 of the
37 legislative law and section 70-b of the public officers law.
