Bill Text: NY S04707 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the prohibition of the declawing of cats or other animals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-04-28 - RECOMMIT, ENACTING CLAUSE STRICKEN [S04707 Detail]

Download: New_York-2015-S04707-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4707
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 10, 2015
                                      ___________
       Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Agriculture
       AN ACT to amend the agriculture and markets  law,  in  relation  to  the
         declawing of cats or other animals
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The agriculture and markets law is amended by adding a  new
    2  section 380 to read as follows:
    3    S  380.  PROHIBITION  OF THE DECLAWING OF CATS OR OTHER ANIMALS. 1. NO
    4  PERSON, LICENSED MEDICAL PROFESSIONAL OR  OTHERWISE,  SHALL  PERFORM  OR
    5  CAUSE  TO BE PERFORMED AN ONYCHECTOMY (DECLAWING) OR FLEXOR TENDONECTOMY
    6  PROCEDURE BY ANY MEANS ON A CAT OR ON ANY OTHER ANIMAL WITHIN THE  STATE
    7  OF NEW YORK, EXCEPT WHEN NECESSARY FOR A THERAPEUTIC PURPOSE.  THERAPEU-
    8  TIC  PURPOSE MEANS THE NECESSITY TO ADDRESS THE MEDICAL CONDITION OF THE
    9  ANIMAL, SUCH AS AN EXISTING OR RECURRING  ILLNESS,  INFECTION,  DISEASE,
   10  INJURY  OR  ABNORMAL CONDITION IN THE CLAW THAT COMPROMISES THE ANIMAL'S
   11  HEALTH. THERAPEUTIC PURPOSE  DOES  NOT  INCLUDE  COSMETIC  OR  AESTHETIC
   12  REASONS OR REASONS OF CONVENIENCE IN KEEPING OR HANDLING THE ANIMAL.
   13    2.  IN  THE EVENT THAT AN ONYCHECTOMY OR FLEXOR TENDONECTOMY PROCEDURE
   14  IS PERFORMED ON ANY ANIMAL WITHIN THE STATE OF NEW YORK IN VIOLATION  OF
   15  THIS  SECTION,  EACH  OF  THE  FOLLOWING  PERSONS  SHALL  BE GUILTY OF A
   16  VIOLATION OF THIS SECTION: (A) THE  PERSON  OR  PERSONS  PERFORMING  THE
   17  PROCEDURE,  (B) ALL PERSONS ASSISTING IN THE PHYSICAL PERFORMANCE OF THE
   18  PROCEDURE AND (C) ALL PERSONS OR ENTITIES THAT PROCURED  THE  PROCEDURE,
   19  INCLUDING  BUT  NOT  LIMITED  TO  THE  OWNER OR PERSON HAVING CUSTODY OR
   20  CONTROL OVER THE ANIMAL OR ANY OTHER  PERSON  OR  ENTITY  THAT  ORDERED,
   21  REQUESTED OR PAID FOR THE PROCEDURE.
   22    3.  ANY  PERSON  WHO KNOWINGLY VIOLATES THE PROVISIONS OF THIS SECTION
   23  SHALL BE GUILTY OF A VIOLATION PUNISHABLE PURSUANT TO THE PENAL LAW.
   24    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04179-01-5