senate Bill S6798A

2013-2014 Legislative Session

Relates to prohibiting certain cosmetic surgery on animals

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.506
Mar 27, 2014 print number 6798a
amend and recommit to agriculture
Mar 12, 2014 referred to agriculture

Votes

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May 6, 2014 - Agriculture committee Vote

S6798A
10
1
committee
10
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Agriculture committee vote details

Agriculture Committee Vote: May 6, 2014

nay (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S6798 - Bill Details

See Assembly Version of this Bill:
A9058A
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §352, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:
S7417, A10165

S6798 - Bill Texts

view summary

Prohibits subjecting any dog, cat or companion animal to a surgical procedure with no medical benefit to the animal, for cosmetic or aesthetic purposes.

view sponsor memo
BILL NUMBER:S6798

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to cosmetic surgery of animals

PURPOSE:

The purpose of this bill is to establish a misdemeanor for subjecting
a companion animal to certain cosmetic surgery or alterations, or
selling a companion animal that has been subjected to such treatment.

SUMMARY OF PROVISIONS:

Section 1 amends the agriculture and markets law by adding § 352 to
establish a crime for tattooing, piercing, or cosmetic surgery of a
companion animal.

Subsection 1 proscribes the bodily modification of a companion animal
for aesthetic purposes, as well as the sale of a companion animal
augmented for aesthetic purposes.

Subsection 2 assigns a misdemeanor penalty of up to one year
imprisonment, a fine of up to one thousand dollars, or both.

JUSTIFICATION:

Cosmetic procedures on companion animals have become increasingly
common as people seek to alter the physical appearance of their
household pets. Pet owners are resorting to unnecessary cosmetic
procedures such as tattoos, piercings, rhytidectomy, abdominoplasty,
and the removal of incisor teeth to achieve the desired result.

This legislation would protect companion animals from being subjected
to such treatment. While the psychological effect on these animals is
an area of debate, the fact remains that each of these procedures
requires an application of general anesthesia which poses a health
risk in itself. The animal must then go through the pain of recovery
and possible infection or post-surgery complications. These
non-medical cosmetic procedures are not just odd and unnecessary, they
amount to animal cruelty.

This legislation would also cover the sale of companion animals who
have been subjected to certain cosmetic procedures. This would remove
the impetus for retailers to physically modify an animal in the hopes
of increasing its value to prospective buyers.

Conviction would result in a misdemeanor, punishable by no more than
one year imprisonment, a fine of no more than $1,000.00, or both.
This penalty would be not unlike similar animal rights violations.

PRIOR LEGISLATIVE HISTORY:

2012: S.7417--Referred to Agriculture /A.10165 - Referred to
Agriculture

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

Immediately.

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

    S. 6798                                                  A. 9058

                      S E N A T E - A S S E M B L Y

                             March 12, 2014
                               ___________

IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Agriculture

IN ASSEMBLY -- Introduced by M. of A. MALLIOTAKIS -- Multi-Sponsored  by
  --  M.  of  A. BORELLI, BROOK-KRASNY, CERETTO, COLTON, CORWIN, CURRAN,
  CUSICK, FINCH, FITZPATRICK,  McDONOUGH,  MONTESANO,  TEDISCO,  TENNEY,
  TITONE -- read once and referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to cosmetic
  surgery of animals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The agriculture and markets law is amended by adding a  new
section 352 to read as follows:
  S  352.  COSMETIC  SURGERY  OF ANIMALS.   1. NO PERSON SHALL SUBJECT A
COMPANION ANIMAL, NOR OFFER FOR SALE ANY COMPANION ANIMAL, THAT HAS BEEN
SUBJECTED TO, FOR ANY PURPOSE NOT MEDICALLY NECESSARY TO  RELIEVE  PHYS-
ICAL  DISCOMFORT  TO  THE  ANIMAL  OR REMOVE A PHYSICAL ABNORMALITY THAT
PROVIDES A RISK TO THE HEALTH OR SAFETY OF THE ANIMAL, (A) TATTOOING  OF
ANY IMAGE OTHER THAN A DISTINCTIVE MARKING ENROLLED WITH AN ANIMAL IDEN-
TIFICATION  REGISTRY,  (B) PIERCING, (C) RHYTIDECTOMY, (D) EXTRACTION OF
INCISOR TEETH, OR (E) ABDOMINOPLASTY.
  2. AS USED  IN  THIS  SECTION,  "ANIMAL  IDENTIFICATION  REGISTRY"  IS
DEFINED  AS  ANY  DATABASE  OR LIST COMPILED AS A MEANS OF ASSOCIATING A
COMPANION ANIMAL WITH  A  MARKING  ON  THAT  ANIMAL  FOR  IDENTIFICATION
PURPOSES,  OR  AS  A  MEANS OF DISCERNING WHETHER A COMPANION ANIMAL HAS
BEEN SPAYED OR NEUTERED.
  3. PERSONS IN VIOLATION OF THIS SECTION SHALL BE GUILTY OF A MISDEMEA-
NOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE
OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14369-01-4

S6798A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9058A
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §352, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:
S7417, A10165

S6798A (ACTIVE) - Bill Texts

view summary

Prohibits subjecting any dog, cat or companion animal to a surgical procedure with no medical benefit to the animal, for cosmetic or aesthetic purposes.

view sponsor memo
BILL NUMBER:S6798A

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to cosmetic surgery of animals

PURPOSE:

The purpose of this bill is to establish a misdemeanor for subjecting
a companion animal to certain cosmetic surgery or alterations, or
selling a companion animal that has been subjected to such treatment.

SUMMARY OF PROVISIONS:

Section 1 amends the agriculture and markets law by adding § 352 to
establish a crime for tattooing, piercing, extraction of incisor teeth
for cosmetic reasons or cosmetic surgery of a companion animal.

Subsection 1 proscribes the bodily modification of a companion animal
for aesthetic purposes, as well as the sale of a companion animal
augmented for aesthetic purposes.

Subsection 2 assigns a misdemeanor penalty of up to one year
imprisonment, a fine of up to one thousand dollars, or both.

JUSTIFICATION:

Cosmetic procedures on companion animals have become increasingly
common as people seek to alter the physical appearance of their
household pets. Pet owners are resorting to unnecessary cosmetic
procedures such as tattoos, piercings, rhytidectomy, abdominoplasty,
and the removal of incisor teeth to achieve the desired result.

This legislation would protect companion animals from being subjected
to such treatment. While the psychological effect on these animals is
an area of debate, the fact remains that each of these procedures
requires an application of general anesthesia which poses a health
risk in itself. The animal must then go through the pain of recovery
and possible infection or post-surgery complications. These
non-medical cosmetic procedures are not just odd and unnecessary, they
amount to animal cruelty.

This legislation would also cover the sale of companion animals who
have been subjected to certain cosmetic procedures. This would remove
the impetus for retailers to physically modify an animal in the hopes
of increasing its value to prospective buyers.

Conviction would result in a misdemeanor, punishable by no more than
one year imprisonment, a fine of no more than $1,000.00, or both.
This penalty would be not unlike similar animal rights violations.

PRIOR LEGISLATIVE HISTORY:

2012: S.7417--Referred to Agriculture /A.10165 - Referred to
Agriculture

FISCAL IMPLICATIONS::


None.

EFFECTIVE DATE:

Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6798--A                                            A. 9058--A

                      S E N A T E - A S S E M B L Y

                             March 12, 2014
                               ___________

IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Agriculture
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

IN ASSEMBLY -- Introduced by  M.  of  A.  MALLIOTAKIS,  BROOK-KRASNY  --
  Multi-Sponsored  by  --  M.  of  A.  BORELLI, CERETTO, COLTON, CORWIN,
  CURRAN, CUSICK, FINCH,  FITZPATRICK,  McDONOUGH,  MONTESANO,  TEDISCO,
  TENNEY,  TITONE -- read once and referred to the Committee on Agricul-
  ture -- 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 cosmetic
  surgery of animals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The agriculture and markets law is amended by adding a  new
section 352 to read as follows:
  S  352.  COSMETIC  SURGERY  OF ANIMALS.   1. NO PERSON SHALL SUBJECT A
COMPANION ANIMAL, NOR OFFER FOR SALE ANY COMPANION ANIMAL, THAT HAS BEEN
SUBJECTED TO, FOR ANY PURPOSE NOT MEDICALLY NECESSARY TO  RELIEVE  PHYS-
ICAL  DISCOMFORT  TO  THE  ANIMAL  OR REMOVE A PHYSICAL ABNORMALITY THAT
PROVIDES A RISK TO THE HEALTH OR SAFETY OF THE ANIMAL, (A) TATTOOING  OF
ANY IMAGE OTHER THAN A DISTINCTIVE MARKING ENROLLED WITH AN ANIMAL IDEN-
TIFICATION  REGISTRY,  (B) PIERCING, (C) RHYTIDECTOMY, (D) EXTRACTION OF
INCISOR TEETH FOR COSMETIC REASONS, OR (E) ABDOMINOPLASTY.
  2. AS USED  IN  THIS  SECTION,  "ANIMAL  IDENTIFICATION  REGISTRY"  IS
DEFINED  AS  ANY  DATABASE  OR LIST COMPILED AS A MEANS OF ASSOCIATING A
COMPANION ANIMAL WITH  A  MARKING  ON  THAT  ANIMAL  FOR  IDENTIFICATION
PURPOSES,  OR  AS  A  MEANS OF DISCERNING WHETHER A COMPANION ANIMAL HAS
BEEN SPAYED OR NEUTERED.
  3. PERSONS IN VIOLATION OF THIS SECTION SHALL BE GUILTY OF A MISDEMEA-
NOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY A FINE
OF NOT MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14369-02-4

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