A00739 Summary:

BILL NO    A00739B

SAME AS    SAME AS S06769-A

SPONSOR    Rosenthal (MS)

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

MLTSPNSR   Galef, Glick, Gottfried, Perry

Add S353-f, Ag & Mkts L

Prohibits companion animal piercing and tattooing except for identification or
medical benefit; establishes penalties for such violation.
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A00739 Actions:

BILL NO    A00739B

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
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A00739 Votes:

There are no votes for this bill in this legislative session.
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A00739 Memo:

BILL NUMBER:A739B

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--B

                              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  --  Multi-Spon-
         sored  by  --  M.    of  A.  GALEF,  GLICK, GOTTFRIED -- read once and
         referred to the Committee on Agriculture -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee  -- 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 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) PROVIDES A MEDICAL BENEFIT TO THE COMPANION ANIMAL; OR
   12    (B)  IS DONE FOR THE PURPOSE OF IDENTIFICATION OF THE COMPANION ANIMAL
   13  AND NOT FOR DESIGN PURPOSES, AND SUCH TATTOO INCLUDES ONLY SUCH  NUMBERS
   14  AND/OR  LETTERS  ALLOTTED BY A CORPORATION THAT IN THE REGULAR COURSE OF
   15  ITS BUSINESS MAINTAINS AN ANIMAL TATTOO IDENTIFICATION REGISTRY.
   16    3. TATTOOING FOR THE PURPOSES OF PROVIDING A MEDICAL  BENEFIT  TO  THE
   17  COMPANION  ANIMAL SHALL BE PERFORMED BY A LICENSED VETERINARIAN OR UNDER
   18  THE SUPERVISION OF A LICENSED VETERINARIAN.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05036-07-4
       A. 739--B                           2

    1    4. ANY PERSON FOUND IN VIOLATION OF THIS SECTION IS GUILTY OF A MISDE-
    2  MEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR A  FINE
    3  OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
    4    S 2. This act shall take effect on the one hundred twentieth day after
    5  it shall have become a law.
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