S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7218

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 26, 2009
                                      ___________

       Introduced by M. of A. GLICK, CASTRO, COLTON, DINOWITZ, EDDINGTON, KELL-
         NER,  PAULIN,  ROSENTHAL  --  Multi-Sponsored  by  --  M.  of A. BALL,
         BOYLAND, GOTTFRIED, McDONOUGH, McENENY -- read once  and  referred  to
         the Committee on Agriculture

       AN  ACT  to amend the agriculture and markets law, in relation to making
         tail docking of dogs unlawful

         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 365-a to read as follows:
    3    S 365-A. DOCKING DOG TAILS; UNLAWFUL. 1. ANY PERSON WHO CUTS THE BONE,
    4  TISSUES,  MUSCLES  OR TENDONS OF THE TAIL OF ANY DOG, OR OTHERWISE OPER-
    5  ATES UPON IT IN ANY MANNER FOR THE PURPOSE OR WITH THE EFFECT OF DOCKING
    6  OR OTHERWISE ALTERING THE NATURAL CARRIAGE OR LENGTH  OF  THE  TAIL,  OR
    7  ASSISTS,  PROCURES, PROMOTES OR ENCOURAGES SUCH CUTTING OR OPERATION FOR
    8  REASONS OTHER THAN TO PROTECT THE LIFE OR HEALTH OF THE  DOG  AS  DEEMED
    9  NECESSARY  BY  A  DULY LICENSED VETERINARIAN, IS GUILTY OF A MISDEMEANOR
   10  PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS.
   11    2. ANY PERSON WHO SHOWS OR EXHIBITS A DOG, THE TAIL OF WHICH HAS  BEEN
   12  CUT,  ALTERED  OR OPERATED UPON IN THE MANNER REFERRED TO IN SUBDIVISION
   13  ONE OF THIS SECTION, AT A SHOW OR OTHER EXHIBITION IN THIS STATE OR  WHO
   14  ENCOURAGES,  PROCURES  OR  SPONSORS  SUCH  AN EXHIBITION, IS GUILTY OF A
   15  MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS.
   16    3.  ANY DOG OWNER WHO IS INJURED OR DAMAGED IN ANY WAY BY A  VIOLATION
   17  OF  THE  FOREGOING  PROVISIONS  OF  THIS SECTION, OR ANY NEW YORK ANIMAL
   18  RIGHTS ORGANIZATION, MAY INSTITUTE AND MAINTAIN IN THE SUPREME COURT  OF
   19  THIS  STATE  A  PRIVATE  RIGHT  OF  ACTION, INCLUDING A PROCEEDING FOR A
   20  DECLARATORY JUDGMENT, TO OBTAIN REDRESS FOR SUCH INJURY OR VIOLATION.
   21    4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY DOG OR PERSON
   22  WHO IS THE OWNER OR POSSESSOR OF ANY DOG WHOSE TAIL HAS  BEEN  CERTIFIED

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10199-01-9
       A. 7218                             2

    1  AS  HAVING  BEEN DOCKED, CUT OR ALTERED PRIOR TO AUGUST FIRST, TWO THOU-
    2  SAND NINE.
    3    S  2. This act shall take effect August 1, 2009; provided, however, if
    4  this act shall become a law after such date it shall take  effect  imme-
    5  diately and shall be deemed to have been in full force and effect on and
    6  after August 1, 2009.