Bill S7533-2013

Authorizes domestic companion animals be permitted to board any public transportation or public transportation service in the event of a state of emergency and evacuation

Authorizes domestic companion animals be permitted to board any public transportation or public transportation service in the event of a state of emergency and evacuation.

Details

Actions

  • Jun 10, 2014: referred to corporations, authorities and commissions
  • Jun 10, 2014: DELIVERED TO ASSEMBLY
  • Jun 10, 2014: PASSED SENATE
  • May 28, 2014: ADVANCED TO THIRD READING
  • May 21, 2014: 2ND REPORT CAL.
  • May 20, 2014: 1ST REPORT CAL.866
  • May 15, 2014: REFERRED TO INFRASTRUCTURE AND CAPITAL INVESTMENT

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Infrastructure and Capital Investment - May 20, 2014
Ayes (9): Marcellino, Robach, Gallivan, Griffo, Grisanti, Carlucci, Kennedy, Hoylman, Latimer

Memo

BILL NUMBER:S7533

TITLE OF BILL: 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 transportation or public transportation service in the event of a state of 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 Section 1 of chapter 154 of the laws of 1921, by adding a 3 new article VII-B.

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:

New bill.

FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:

None to the state.

EFFECTIVE DATE:

This act shall take effect upon the enactment into law by the state of New Jersey of legislation having an identical effect; but if the state of New Jersey shall have already enacted such legislation, then this act shall take effect immediately and provided that the state of New Jersey shall notify the legislative bill drafting commission upon the occurrence of the enactment of the provisions provided for in this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section of the legislative law and section 70-b of the public officers law.


Text

STATE OF NEW YORK ________________________________________________________________________ 7533 IN SENATE May 15, 2014 ___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Infrastructure and Capital Investment 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: Section 1. Section 1 of chapter 154 of the laws of 1921, relating to the port authority of New York and New Jersey, is amended by adding a new article VII-B to read as follows: ARTICLE VII-B 1. A. FOR THE PURPOSES OF THIS ARTICLE: (I) "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. (II) "PUBLIC TRANSPORTATION OR PUBLIC TRANSPORTATION SERVICE" MEANS RAIL PASSENGER SERVICE, MOTORBUS REGULAR ROUTE SERVICE, PARATRANSIT SERVICE, MOTORBUS CHARTER SERVICE, AND FERRY PASSENGER SERVICE. B. (I) 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 PUBLIC TRANS- PORTATION OR PUBLIC TRANSPORTATION SERVICE WITH THE 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 THE PROVISIONS OF STATE DISASTER EMERGENCY PLANS OR LOCAL STATE OF EMERGENCY PLANS PERTAINING TO THE NEEDS OF ANIMALS AND
INDIVIDUALS WITH AN ANIMAL UNDER THEIR CARE. THE PROVISIONS OF THIS ARTICLE SHALL ONLY APPLY TO THE OWNERS OF DOMESTIC COMPANION ANIMALS WHO ARE EVACUATING FROM A REGION OF THE STATE AFFECTED BY THE EMERGENCY OR LOCAL DISASTER EMERGENCY AS DEFINED IN SECTION TWENTY OF THE EXECUTIVE LAW, OR A LOCAL STATE OF EMERGENCY, AS DEFINED IN SECTION TWENTY-FOUR OF THE EXECUTIVE LAW. (II) A DOMESTIC COMPANION ANIMAL MAY BE REFUSED PERMISSION TO BOARD ANY PUBLIC TRANSPORTATION OR PUBLIC TRANSPORTATION SERVICE, EVEN IF THE ANIMAL IS UNDER THE OWNER'S CONTROL OR PROPERLY CONFINED IN ACCORDANCE WITH THIS PARAGRAPH IF THERE IS REASONABLE CAUSE TO BELIEVE THAT, DUE TO ATTENDANT CIRCUMSTANCES, PERMITTING THE ANIMAL TO BOARD WOULD POSE A HEALTH OR SAFETY HAZARD. C. ALL PASSENGERS WITH SERVICE ANIMALS SHALL BE GIVEN PRIORITY SEATING ON ALL MEANS OF TRANSPORTATION REGULATED BY THIS ARTICLE IN ACCORDANCE WITH THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990" (42 U.S.C. S.12101 ET SEQ.). FOR THE PURPOSES OF THIS ARTICLE, "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 THE ACT. D. ALL PASSENGERS ON ANY PUBLIC TRANSPORTATION OR PUBLIC TRANSPORTA- TION SERVICE SHALL BE PROVIDED SEATING BEFORE A DOMESTIC COMPANION ANIMAL MAY BE PLACED IN A SEAT. 2. THE PORT AUTHORITY IS HEREBY AUTHORIZED TO MAKE AND ENFORCE SUCH RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS ARTICLE. S 2. This act shall take effect upon the enactment into law by the state of New Jersey of legislation having an identical effect; but if the state of New Jersey shall have already enacted such legislation, then this act shall take effect immediately and provided that the state of New Jersey shall notify the legislative bill drafting commission upon the occurrence of the enactment of the provisions provided for in this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus