A01297 Summary:

COSPNSRDinowitz, Mosley, Gottfried, Brindisi, Lavine, Galef, Raia, Murray, Lupardo, Quart, Seawright, Linares, Goldfeder, Sepulveda, Santabarbara, Rivera
MLTSPNSRCeretto, Cook, Curran, Fitzpatrick, Garbarino, Glick, Kearns, Lupinacci, McDonough, Simon, Solages, Thiele, Weinstein
Add S380, Ag & Mkts
Relates to the prohibition of the declawing of cats or other animals.
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A01297 Actions:

01/09/2015referred to agriculture
01/06/2016referred to agriculture
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A01297 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal
  TITLE OF BILL: An act to amend the agriculture and markets law, in relation to the declawing of cats or other animals   PURPOSE OR GENERAL IDEA OF BILL: To prohibit the performance of declawing procedures on cats and other animals.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the agriculture and markets law by adding a new section 380. Section two sets forth the effective date.   JUSTIFICATION: Cats' claws play an important role in various aspects of their lives. Cats use their claws to assist in climbing and maintaining balance, to help them fully stretch, to relieve stress through kneading and to escape danger. When a person has its animal declawed, usually in an attempt to protect furniture, they do fundamental damage to that animal both physically and in behavioral ways. There are harmless ways to manage undesirable behavior through simple training and other estab- lished methods. Declawing, also known as onychectomy, involves the removal of all or most of the last bone of each of the toes of the front feet, and tendons, nerves and ligaments that allow for normal function of the paw are severed, resulting in intense and chronic pain and other serious medical issues. Flexor tendonectomy, in which cats' toes are cut so that claws cannot be extended also imperils their health and safety. Abscess- es often develop as the area comes into contact with dirt or litter, and sometimes regrowth can occur spontaneously resulting in sharp pain or infection. After the claws are removed, the animal tends to shift its gait and where it places most of its weight, causing strain on its leg joints and spine, which can lead to early onset arthritis and prolonged back and joint pain. Declawed cats often develop behavioral problems that lead to their being surrendered to animal shelters where they are, for the most part, not adoptable. Declawing is currently banned in nearly 10 cities in California and in many countries around the world, including Switzerland, Israel and the U.K. This bill seeks to ban such practice in New York State.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect immediately.
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A01297 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2015
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred 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    §  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    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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