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SB3850 Text:

                STATE OF NEW YORK
                               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.

        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.
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