STATE OF NEW YORK
January 3, 2018
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
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-E to read as follows:
4 ARTICLE VII-E
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
22 by other suitable means, provided that such boarding is authorized by
23 and consistent with the provisions of state disaster emergency plans or
24 local state of emergency plans pertaining to the needs of animals and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 7112 2
1 individuals with an animal under their care. The provisions of this
2 article shall only apply to the owners of domestic companion animals who
3 are evacuating from a region of the state affected by the emergency or
4 local disaster emergency as defined in section twenty of the executive
5 law, or a local state of emergency, as defined in section twenty-four of
6 the executive law.
7 (ii) A domestic companion animal may be refused permission to board
8 any public transportation or public transportation service, even if the
9 animal is under the owner's control or properly confined in accordance
10 with this paragraph if there is reasonable cause to believe that, due to
11 attendant circumstances, permitting the animal to board would pose a
12 health or safety hazard.
13 c. All passengers with service animals shall be given priority seating
14 on all means of transportation regulated by this article in accordance
15 with the federal "Americans with Disabilities Act of 1990" (42 U.S.C.
16 s.12101 et seq.). For the purposes of this article, "service animal"
17 shall have the same meaning as set forth in the federal "Americans with
18 Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and any regu-
19 lations under the act.
20 d. All passengers on any public transportation or public transporta-
21 tion service shall be provided seating before a domestic companion
22 animal may be placed in a seat.
23 2. The port authority is hereby authorized to make and enforce such
24 rules and regulations necessary for the implementation of this article.
25 § 2. This act shall take effect upon the enactment into law by the
26 state of New Jersey of legislation having an identical effect; but if
27 the state of New Jersey shall have already enacted such legislation,
28 then this act shall take effect immediately and provided that the state
29 of New Jersey shall notify the legislative bill drafting commission upon
30 the occurrence of the enactment of the provisions provided for in this
31 act in order that the commission may maintain an accurate and timely
32 effective data base of the official text of the laws of the state of New
33 York in furtherance of effectuating the provisions of section 44 of the
34 legislative law and section 70-b of the public officers law.