A00739 Summary:

BILL NO    A00739D

SAME AS    SAME AS S06769-C

SPONSOR    Rosenthal (MS)

COSPNSR    Moya, Colton, Englebright, McDonough, Tedisco, Tenney, Mosley,
           Brook-Krasny, Titone, Cusick, Malliotakis, Weprin

MLTSPNSR   Galef, Glick, Gottfried, Perry

Add S353-f, Ag & Mkts L

Prohibits companion animal piercing and tattooing except when done in
conjunction with a medical procedure for the benefit of a companion animal.
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A00739 Actions:

BILL NO    A00739D

01/09/2013 referred to agriculture
04/26/2013 amend and recommit to agriculture
04/26/2013 print number 739a
01/08/2014 referred to agriculture
03/13/2014 amend and recommit to agriculture
03/13/2014 print number 739b
05/22/2014 amend and recommit to agriculture
05/22/2014 print number 739c
05/28/2014 reported referred to codes
06/03/2014 reported referred to rules
06/04/2014 amend and recommit to rules 739d
06/09/2014 reported 
06/09/2014 rules report cal.46
06/09/2014 ordered to third reading rules cal.46
06/09/2014 passed assembly
06/09/2014 delivered to senate
06/09/2014 REFERRED TO AGRICULTURE
06/18/2014 SUBSTITUTED FOR S6769C
06/18/2014 3RD READING CAL.505
06/18/2014 PASSED SENATE
06/18/2014 RETURNED TO ASSEMBLY
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A00739 Votes:

A00739D06/09/2014 132/0
AbbateYCorwinYGlickYLavineYNolanYRozicYTitusER
AbinantYCrespoYGoldfedYLentolYOaksYRussellYWalterY
ArroyoYCrouchYGoodellYLiftonYO'DonneYRyanERWeinsteY
AubryYCurranYGottfriYLopezYOrtizYSaladinYWeisenbER
BarclayYCusickYGrafYLupardoYOtisYSantabaYWeprinY
BarrettYCymbrowYGuntherYLupinacYPalmesaYScarborYWrightY
BenedetYDavilaYHawleyYMageeYPalumboYSchimelYZebrowsY
BlankenYDenDekkYHeastieYMagnareERPaulinERSchimmiYMr SpkrY
BorelliYDinowitYHennessYMalliotYPeoplesYSepulveY
BraunstYDiPietrYHevesiYMarkeyYPerryYSimanowY
BrennanYDupreyYHikindYMayerYPichardYSimotasY
BrindisYEnglebrYHooperYMcDonalYPretlowYSkartadY
BronsonYFahyYJacobsYMcDonouYQuartYSkoufisY
Brook-KYFarrellYJaffeeYMcKevitYRaYSolagesY
BuchwalYFinchYJohnsYMcLaughYRaiaYStecY
ButlerYFitzpatYKatzYMillerYRamosYSteckY
CahillYFriendYKavanagYMillmanYRiveraERStirpeY
CamaraYGalefYKearnsYMontesaYRobertsYSweeneyY
CerettoYGanttYKellnerABMorelleYRobinsoYTediscoY
ClarkYGarbariYKimYMosleyYRodriguYTenneyY
ColtonYGiglioYKolbYMoyaYRosaYThieleY
CookYGjonajYLalorYNojayERRosenthYTitoneY

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A00739 Memo:

BILL NUMBER:A739D

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to prohibiting piercing and tattooing of companion animals

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to amend the animal cruelty statute
to include the prohibition of companion animal piercing or tattooing,
unless such activity provides a medical or identification benefit.

SUMMARY OF SPECIFIC PROVISIONS:

Section 353 of the agriculture and markets law is amended by adding a
new section 353-f.

JUSTIFICATION:

The practices of tattooing and piercing are procedures that are
accompanied by considerable risk and potential peril. Most humans
would not undergo such a process without the assistance of someone
professionally trained and without precautions. Due to such risks,
laws exist to protect those most vulnerable, such as children who are
not yet mature enough to understand the potential danger involved and
the latent consequences, from having their flesh tattooed or pierced.

Animals are also a vulnerable population, as they have no means of
expression and must live on the whim of their owners. Recent events
have brought the callous practice of tattooing and piercing companion
animals into the spotlight. Veterinarians have made statements
detailing the cruel results of such procedures. They have reported
that ear piercings can alter an animal's ability to hear correctly and
that piercings along the line of the spine, such as in the neck or at
the base of the tail, hamper balance and jumping. These animals, in
being defenseless and lacking a choice in the matter, need protections
written into the law to prevent these barbaric procedures.

PRIOR LEGISLATIVE HISTORY:

A.8526 of 2011-2012

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred and twentieth day after
it shall have become a law.
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A00739 Text:

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

                                        739--D

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by M. of A. ROSENTHAL, MOYA, COLTON, ENGLEBRIGHT, McDONOUGH,
         TEDISCO, TENNEY, MOSLEY, BROOK-KRASNY, TITONE, CUSICK, MALLIOTAKIS  --
         Multi-Sponsored  by -- M. of A. GALEF, GLICK, GOTTFRIED, PERRY -- read
         once and  referred  to  the  Committee  on  Agriculture  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  -- recommitted to the Committee on Agriculture in
         accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee -- again reported from said  committee  with  amendments,  ordered
         reprinted as amended and recommitted to said committee -- reported and
         referred  to  the  Committee  on Codes -- reported and referred to the
         Committee on Rules --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee

       AN  ACT to amend the agriculture and markets law, in relation to prohib-
         iting piercing and tattooing of companion 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 353-f to read as follows:
    3    S 353-F. COMPANION ANIMAL PIERCING AND TATTOOING PROHIBITED.  1.    NO
    4  PERSON  SHALL  PIERCE OR CAUSE TO HAVE PIERCED A COMPANION ANIMAL UNLESS
    5  SUCH PIERCING PROVIDES A MEDICAL BENEFIT TO THE COMPANION  ANIMAL.  SUCH
    6  PIERCING  SHALL  BE  PERFORMED  BY  A LICENSED VETERINARIAN OR UNDER THE
    7  SUPERVISION OF A LICENSED VETERINARIAN. NOTHING IN THIS SECTION SHALL BE
    8  CONSTRUED TO APPLY TO EAR TAGS ON RABBITS AND CAVIES.
    9    2. NO PERSON SHALL TATTOO OR CAUSE TO HAVE TATTOOED A COMPANION ANIMAL
   10  UNLESS SUCH TATTOO:
   11    (A) IS DONE IN CONJUNCTION WITH A MEDICAL PROCEDURE FOR THE BENEFIT OF
   12  THE COMPANION ANIMAL AND TO INDICATE THAT  SUCH  MEDICAL  PROCEDURE  HAS
   13  BEEN DONE, PROVIDED THAT SUCH TATTOO IS NOT FOR DESIGN PURPOSES; OR

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05036-12-4
       A. 739--D                           2

    1    (B)  IS DONE FOR THE PURPOSE OF IDENTIFICATION OF THE COMPANION ANIMAL
    2  AND NOT FOR DESIGN PURPOSES, AND SUCH TATTOO INCLUDES ONLY SUCH  NUMBERS
    3  AND/OR  LETTERS ALLOTTED BY A CORPORATION THAT, IN THE REGULAR COURSE OF
    4  ITS BUSINESS, MAINTAINS AN ANIMAL TATTOO IDENTIFICATION REGISTRY.
    5    3.    FOR  THE PURPOSES OF THIS SECTION, "TATTOO" SHALL MEAN A MARK ON
    6  THE BODY MADE WITH INDELIBLE INK OR PIGMENTS INJECTED BENEATH THE  OUTER
    7  LAYER OF THE SKIN.
    8    4.    TATTOOING  DONE  IN CONJUNCTION WITH A MEDICAL PROCEDURE FOR THE
    9  BENEFIT OF A COMPANION ANIMAL THAT INDICATES THAT SUCH MEDICAL PROCEDURE
   10  HAS BEEN DONE SHALL BE PERFORMED BY A LICENSED VETERINARIAN OR UNDER THE
   11  SUPERVISION OF A LICENSED VETERINARIAN.
   12    5. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS  OF  THIS  SECTION
   13  SHALL BE GUILTY OF A VIOLATION PUNISHABLE PURSUANT TO THE PENAL LAW.
   14    S 2. This act shall take effect on the one hundred twentieth day after
   15  it shall have become a law.
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