NY State Senate Bill 2015-S3321

Senate Bill S3321

2015-2016 Legislative Session

Authorizes domestic companion animals be permitted to board any commuter transportation operated by the metropolitan transportation authority in the event of a state of emergency and evacuation

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2016	referred to corporations, authorities and commissions delivered to assembly passed senate
Jun 01, 2016	ordered to third reading cal.1225 committee discharged and committed to rules
Jan 06, 2016	referred to transportation returned to senate died in assembly
Jun 08, 2015	referred to corporations, authorities and commissions delivered to assembly passed senate
Jun 02, 2015	advanced to third reading
Jun 01, 2015	2nd report cal.
May 28, 2015	1st report cal.1021
Feb 05, 2015	referred to transportation

Votes

- Jun 7, 2016 - Floor Vote
  S3321
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Persaud
  Jun 8, 2015 - Floor Vote
  S3321
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2015
      
      aye (62)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Libous
  May 28, 2015 - Transportation Committee Vote
  S3321
  
  18
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 28, 2015
      
      aye (18)
      
      Avella
      
      Dilan
      
      Gallivan
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      Martins
      
      Nozzolio
      
      O'Mara
      
      Panepinto
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
      
      excused (1)
      
      Diaz
  Jun 1, 2016 - Rules Committee Vote
  S3321
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2016
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky

2015-S3321 (ACTIVE) - Details

See Assembly Version of this Bill:: A539
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Add §1264-a, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7637, A9809
2017-2018: S2589, A2145

2015-S3321 (ACTIVE) - Summary

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.

2015-S3321 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3321

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 OR GENERAL IDEA OF BILL:

To   allow   companion   animals   to   be  permitted  to  use  public
transportation services, administered by the  Port  Authority  of  New
York and New Jersey, in the event of a state of emergency.

SPECIFIC PROVISIONS:

Section  one  amends  amends  public authorities law by adding a new
1264-a.

Section two sets forth 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.

The New York State Pet Evacuation Transportation and Sheltering Act of
2006 (PETS ACT) requires New  York's  disaster  preparedness  plan  to
include  programs  to assist household pets and service animals in the
event of a disaster. However, the  Port  Authority,  as  a  bi-lateral
agency,   is  not  bound  to  any  one  state's  laws  unless  similar
legislation is enacted by both the State of New York and New Jersey.

This bill would authorize the Port Authority to allow  pet  owners  to
board  any  Port  Authority  Trans-Hudson (PATH) public transportation
service during a declared state of emergency. It would  be  consistent
with  current emergency operation plans (EOPs) pertaining to the needs
of animals and individuals with an animal under  their  care,  and  is
needed to effectuate a recently-enacted New Jersey law (Chapter 265 of
2013)  providing  the  same  protections  to residents of both states.
This bill would provide a reasonable, common sense approach to  public
and animal safety.

PRIOR LEGISLATIVE HISTORY:

2014:   S.7533  Passed  Senate  /  A.9519  Referred  to  Corporations,
authorities and commissions.

FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:

None to the state.

EFFECTIVE DATE:


30th day after it becomes law.

2015-S3321 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3321

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            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:

  Section 1. The public authorities law  is  amended  by  adding  a  new
section 1264-a to read as follows:
  S 1264-A. STATE OF EMERGENCY; BOARDING OF A COMMUTER TRANSPORTATION BY
DOMESTIC COMPANION ANIMALS. 1. FOR THE PURPOSES OF THIS SECTION:
  (A) "COMMUTER TRANSPORTATION" MEANS COMMUTER TRANSPORTATION, AND OTHER
RELATED SERVICES AND FACILITIES, OPERATED BY THE AUTHORITY OR ANY OF ITS
SUBSIDIARIES,  INCLUDING BUT NOT LIMITED TO SUCH TRANSPORTATION BY RAIL-
ROAD, OMNIBUS, MARINE AND AIR, IN ACCORDANCE WITH THIS TITLE.
  (B) "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.
  2. (A) 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 COMMUTER
TRANSPORTATION WITH SUCH 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  BY  OTHER  SUITABLE
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

THE PROVISIONS OF STATE DISASTER EMERGENCY PLANS OR LOCAL STATE OF EMER-
GENCY PLANS PERTAINING TO THE NEEDS OF ANIMALS AND INDIVIDUALS  WITH  AN
ANIMAL UNDER THEIR CARE. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY
TO  THE  OWNERS  OF DOMESTIC COMPANION ANIMALS WHO ARE EVACUATING FROM A
REGION OF THE STATE AFFECTED BY AN EMERGENCY OR  DISASTER,  OR  A  LOCAL
STATE  OF  EMERGENCY, AS DEFINED IN SECTION TWENTY-FOUR OF THE EXECUTIVE
LAW.
  (B) A DOMESTIC COMPANION ANIMAL MAY BE REFUSED PERMISSION TO BOARD ANY
COMMUTER TRANSPORTATION, EVEN IF THE ANIMAL IS UNDER THE OWNER'S CONTROL
OR PROPERLY CONFINED IN ACCORDANCE WITH THIS  SUBDIVISION  IF  THERE  IS
REASONABLE  CAUSE  TO  BELIEVE  THAT,  DUE  TO  ATTENDANT CIRCUMSTANCES,
PERMITTING THE ANIMAL TO BOARD WOULD POSE A HEALTH OR SAFETY HAZARD.
  3. ALL PASSENGERS WITH SERVICE ANIMALS SHALL BE GIVEN PRIORITY SEATING
ON ALL MEANS OF TRANSPORTATION REGULATED BY  THIS  TITLE  IN  ACCORDANCE
WITH  THE  FEDERAL  "AMERICANS WITH DISABILITIES ACT OF 1990" (42 U.S.C.
S.12101 ET SEQ.). FOR THE PURPOSES OF  THIS  SECTION,  "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 SUCH ACT.
  4.  ALL  PASSENGERS  ON  ANY COMMUTER TRANSPORTATION SHALL BE PROVIDED
SEATING BEFORE A DOMESTIC COMPANION ANIMAL MAY BE PLACED IN A SEAT.
  5. THE AUTHORITY IS AUTHORIZED TO PROMULGATE AND  ENFORCE  SUCH  RULES
AND  REGULATIONS  AS  SHALL  BE NECESSARY FOR THE IMPLEMENTATION OF THIS
SECTION.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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