Bill Text: NY S08006 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to pet passenger rights; implements "Kokito's law".

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2018-03-19 - REFERRED TO CONSUMER PROTECTION [S08006 Detail]

Download: New_York-2017-S08006-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          8006
                    IN SENATE
                                     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:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  "Kokito's Law".
     3    § 2. The general business law is amended by adding a new article  14-A
     4  to read as follows:
     5                                ARTICLE 14-A
     6                            PET PASSENGER RIGHTS
     7  Section 251-d. Definitions.
     8          251-e. Pet passenger bill of rights.
     9          251-f. Violations and penalties.
    10          251-g. Limitations.
    11          251-h. Severability.
    12    § 251-d. Definitions. For purposes of this article:
    13    1.  "Companion  animal"  or "pet" means any dog or cat, and shall also
    14  mean any other domesticated animal normally maintained in  or  near  the
    15  household  of  the owner or person who cares for such other domesticated
    16  animal.
    17    2. "Carrier" means any  partnership,  corporation  or  other  business
    18  entity  regulated  by  the Federal Aviation Administration that conducts
    19  scheduled passenger air transportation.
    20    § 251-e. Pet passenger bill of rights. 1. Whenever a companion  animal
    21  or  pet  is  traveling  in the passenger compartment of an aircraft, the
    22  carrier shall ensure:
    23    (a) no animal is  ever  placed  in  the  overhead  compartment  of  an
    24  aircraft;
    25    (b) any passenger traveling with a pet is afforded the same rights and
    26  protections as all other passengers;
    27    (c)  pets  are  allowed reasonable access to food, water and necessary
    28  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
     1    (d) all companion animals and their approved pet carriers are labelled
     2  with owner contact information and destination at all times.
     3    2.  Whenever  a  companion  animal  or  pet  is traveling in the cargo
     4  compartment of an aircraft, the carrier shall ensure:
     5    (a) a pressurized, ventilated and  climate-controlled  environment  at
     6  all times;
     7    (b) all pets are safely secured at all times;
     8    (c)  reasonable  efforts, such as late boarding and prompt removal, to
     9  minimize the amount of time spent in the cargo compartment  when  possi-
    10  ble; and
    11    (d) all companion animals and their approved pet carriers are labelled
    12  with owner contact information and destination at all times.
    13    3.  Whenever a companion animal or pet is being handled or transported
    14  on the ground, the carrier shall ensure:
    15    (a) secure, climate-controlled transport in  all  weather  conditions,
    16  including protection from rain, snow, sunlight and extreme temperatures;
    17    (b)  adequate  food,  water,  shelter,  sanitation  and supervision to
    18  accommodate pets during long connection times or extended periods on the
    19  ground; and
    20    (c) all companion animals and their approved pet carriers are labelled
    21  with owner contact information and destination at all times.
    22    4. All carriers shall provide training in the safe and  humane  trans-
    23  port  of companion animals to their employees or contractors assigned or
    24  reasonably expected to handle or  encounter  companion  animals  in  the
    25  performance of their duties.
    26    5.  All carriers shall make available to consumers clear and conspicu-
    27  ous notice of these protections at the  time  of  ticketing.  Notice  of
    28  these  protections  shall  also be displayed at all service desks and in
    29  other locations where companion animals are boarded.
    30    § 251-f. Violations and penalties. The attorney general is  authorized
    31  to  enforce  the provisions of this article and may, upon his or her own
    32  initiative, or in response to a complaint,  investigate  allegations  of
    33  any  failure  to comply with the provisions hereof. Any person or entity
    34  that knowingly violates this article shall be subject to a fine of up to
    35  five thousand dollars for each violation.
    36    § 251-g. Limitations. Nothing in this article shall  be  construed  as
    37  requiring  any  carrier or other entity to take any action in contraven-
    38  tion of any written directive of the Federal Aviation Administration  or
    39  other federal agency having jurisdiction over such entity.
    40    §  251-h. Severability. If any clause, sentence, paragraph, section or
    41  part of this article be adjudged by any court of competent  jurisdiction
    42  to  be invalid, such judgment shall not affect, impair or invalidate the
    43  remainder hereof but shall be applied in its operation  to  the  clause,
    44  sentence,  paragraph,  section  or  part hereof directly involved in the
    45  controversy in which such judgment shall have been rendered.
    46    § 3. This act shall take effect on the first of January next  succeed-
    47  ing the date on which it shall have become a law.