S T A T E   O F   N E W   Y O R K
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                                   2589
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 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:
   § 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.
              

                                                            LBD02396-01-7

 S. 2589                             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.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.