Senate Bill S8006

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8006
 
                             I N  S E N A T E
 
                              March 19, 2018
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN  ACT  to amend the general business law, in relation to pet passenger
   rights
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 "Kokito's Law".
   § 2. The general business law is amended by adding a new article  14-A
 to read as follows:
                               ARTICLE 14-A
                           PET PASSENGER RIGHTS
 SECTION 251-D. DEFINITIONS.
         251-E. PET PASSENGER BILL OF RIGHTS.
         251-F. VIOLATIONS AND PENALTIES.
         251-G. LIMITATIONS.
         251-H. SEVERABILITY.
   § 251-D. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
   1.  "COMPANION  ANIMAL"  OR "PET" MEANS ANY DOG OR CAT, AND SHALL ALSO
 MEAN ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN  OR  NEAR  THE
 HOUSEHOLD  OF  THE OWNER OR PERSON WHO CARES FOR SUCH OTHER DOMESTICATED
 ANIMAL.
   2. "CARRIER" MEANS ANY  PARTNERSHIP,  CORPORATION  OR  OTHER  BUSINESS
 ENTITY  REGULATED  BY  THE FEDERAL AVIATION ADMINISTRATION THAT CONDUCTS
 SCHEDULED PASSENGER AIR TRANSPORTATION.
   § 251-E. PET PASSENGER BILL OF RIGHTS. 1. WHENEVER A COMPANION  ANIMAL
 OR  PET  IS  TRAVELING  IN THE PASSENGER COMPARTMENT OF AN AIRCRAFT, THE
 CARRIER SHALL ENSURE:
   (A) NO ANIMAL IS  EVER  PLACED  IN  THE  OVERHEAD  COMPARTMENT  OF  AN
 AIRCRAFT;
   (B) ANY PASSENGER TRAVELING WITH A PET IS AFFORDED THE SAME RIGHTS AND
 PROTECTIONS AS ALL OTHER PASSENGERS;
   (C)  PETS  ARE  ALLOWED REASONABLE ACCESS TO FOOD, WATER AND NECESSARY
 MEDICATIONS DURING ANY LONG FLIGHT OR EXTENDED FLIGHT DELAY; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15182-01-8

 S. 8006                             2
 
   (D) ALL COMPANION ANIMALS AND THEIR APPROVED PET CARRIERS ARE LABELLED
 WITH OWNER CONTACT INFORMATION AND DESTINATION AT ALL TIMES.
   2.  WHENEVER  A  COMPANION  ANIMAL  OR  PET  IS TRAVELING IN THE CARGO
 COMPARTMENT OF AN AIRCRAFT, THE CARRIER SHALL ENSURE:
   (A) A PRESSURIZED, VENTILATED AND  CLIMATE-CONTROLLED  ENVIRONMENT  AT
 ALL TIMES;
   (B) ALL PETS ARE SAFELY SECURED AT ALL TIMES;
   (C)  REASONABLE  EFFORTS, SUCH AS LATE BOARDING AND PROMPT REMOVAL, TO
 MINIMIZE THE AMOUNT OF TIME SPENT IN THE CARGO COMPARTMENT  WHEN  POSSI-
 BLE; AND
   (D) ALL COMPANION ANIMALS AND THEIR APPROVED PET CARRIERS ARE LABELLED
 WITH OWNER CONTACT INFORMATION AND DESTINATION AT ALL TIMES.
   3.  WHENEVER A COMPANION ANIMAL OR PET IS BEING HANDLED OR TRANSPORTED
 ON THE GROUND, THE CARRIER SHALL ENSURE:
   (A) SECURE, CLIMATE-CONTROLLED TRANSPORT IN  ALL  WEATHER  CONDITIONS,
 INCLUDING PROTECTION FROM RAIN, SNOW, SUNLIGHT AND EXTREME TEMPERATURES;
   (B)  ADEQUATE  FOOD,  WATER,  SHELTER,  SANITATION  AND SUPERVISION TO
 ACCOMMODATE PETS DURING LONG CONNECTION TIMES OR EXTENDED PERIODS ON THE
 GROUND; AND
   (C) ALL COMPANION ANIMALS AND THEIR APPROVED PET CARRIERS ARE LABELLED
 WITH OWNER CONTACT INFORMATION AND DESTINATION AT ALL TIMES.
   4. ALL CARRIERS SHALL PROVIDE TRAINING IN THE SAFE AND  HUMANE  TRANS-
 PORT  OF COMPANION ANIMALS TO THEIR EMPLOYEES OR CONTRACTORS ASSIGNED OR
 REASONABLY EXPECTED TO HANDLE OR  ENCOUNTER  COMPANION  ANIMALS  IN  THE
 PERFORMANCE OF THEIR DUTIES.
   5.  ALL CARRIERS SHALL MAKE AVAILABLE TO CONSUMERS CLEAR AND CONSPICU-
 OUS NOTICE OF THESE PROTECTIONS AT THE  TIME  OF  TICKETING.  NOTICE  OF
 THESE  PROTECTIONS  SHALL  ALSO BE DISPLAYED AT ALL SERVICE DESKS AND IN
 OTHER LOCATIONS WHERE COMPANION ANIMALS ARE BOARDED.
   § 251-F. VIOLATIONS AND PENALTIES. THE ATTORNEY GENERAL IS  AUTHORIZED
 TO  ENFORCE  THE PROVISIONS OF THIS ARTICLE AND MAY, UPON HIS OR HER OWN
 INITIATIVE, OR IN RESPONSE TO A COMPLAINT,  INVESTIGATE  ALLEGATIONS  OF
 ANY  FAILURE  TO COMPLY WITH THE PROVISIONS HEREOF. ANY PERSON OR ENTITY
 THAT KNOWINGLY VIOLATES THIS ARTICLE SHALL BE SUBJECT TO A FINE OF UP TO
 FIVE THOUSAND DOLLARS FOR EACH VIOLATION.
   § 251-G. LIMITATIONS. NOTHING IN THIS ARTICLE SHALL  BE  CONSTRUED  AS
 REQUIRING  ANY  CARRIER OR OTHER ENTITY TO TAKE ANY ACTION IN CONTRAVEN-
 TION OF ANY WRITTEN DIRECTIVE OF THE FEDERAL AVIATION ADMINISTRATION  OR
 OTHER FEDERAL AGENCY HAVING JURISDICTION OVER SUCH ENTITY.
   §  251-H. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
 PART OF THIS ARTICLE BE ADJUDGED BY ANY COURT OF COMPETENT  JURISDICTION
 TO  BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE
 REMAINDER HEREOF BUT SHALL BE APPLIED IN ITS OPERATION  TO  THE  CLAUSE,
 SENTENCE,  PARAGRAPH,  SECTION  OR  PART HEREOF DIRECTLY INVOLVED IN THE
 CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.