The New York State Senate

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

                                  3428

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2013
                               ___________

Introduced  by  M.  of  A. GLICK, COLTON, DINOWITZ, PAULIN, ROSENTHAL --
  Multi-Sponsored by -- M.  of A. BOYLAND, GOTTFRIED --  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:

  Section 1.  The agriculture and markets law is amended by adding a new
section 365-a to read as follows:
  S 365-A. DOCKING DOG TAILS; UNLAWFUL. 1. ANY PERSON WHO CUTS THE BONE,
TISSUES,  MUSCLES  OR TENDONS OF THE TAIL OF ANY DOG, OR OTHERWISE OPER-
ATES UPON IT IN ANY MANNER FOR THE PURPOSE OR WITH THE EFFECT OF DOCKING
OR OTHERWISE ALTERING THE NATURAL CARRIAGE OR LENGTH  OF  THE  TAIL,  OR
ASSISTS,  PROCURES, PROMOTES OR ENCOURAGES SUCH CUTTING OR OPERATION FOR
REASONS OTHER THAN TO PROTECT THE LIFE OR HEALTH OF THE  DOG  AS  DEEMED
NECESSARY  BY  A  DULY LICENSED VETERINARIAN, IS GUILTY OF A MISDEMEANOR
PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS.
  2. ANY PERSON WHO SHOWS OR EXHIBITS A DOG, THE TAIL OF WHICH HAS  BEEN
CUT,  ALTERED  OR OPERATED UPON IN THE MANNER REFERRED TO IN SUBDIVISION
ONE OF THIS SECTION, AT A SHOW OR OTHER EXHIBITION IN THIS STATE OR  WHO
ENCOURAGES,  PROCURES  OR  SPONSORS  SUCH  AN EXHIBITION, IS GUILTY OF A
MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS.
  3.  ANY DOG OWNER WHO IS INJURED OR DAMAGED IN ANY WAY BY A  VIOLATION
OF  THE  FOREGOING  PROVISIONS  OF  THIS SECTION, OR ANY NEW YORK ANIMAL
RIGHTS ORGANIZATION, MAY INSTITUTE AND MAINTAIN IN THE SUPREME COURT  OF
THIS  STATE  A  PRIVATE  RIGHT  OF  ACTION, INCLUDING A PROCEEDING FOR A
DECLARATORY JUDGMENT, TO OBTAIN REDRESS FOR SUCH INJURY OR VIOLATION.
  4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY DOG OR PERSON
WHO IS THE OWNER OR POSSESSOR OF ANY DOG WHOSE TAIL HAS  BEEN  CERTIFIED
AS  HAVING  BEEN DOCKED, CUT OR ALTERED PRIOR TO AUGUST FIRST, TWO THOU-
SAND THIRTEEN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04563-01-3

A. 3428                             2

  S 2. This act shall take effect August 1, 2013; provided, however,  if
this  act  shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after August 1, 2013.