NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A595A
SPONSOR: Rosenthal L (MS) TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to prohib-
iting the declawing of cats
PURPOSE:
This bill prohibits the performance of declawing procedures on cats.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the agriculture and markets law by adding a new
section 381.
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. Abscesses 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.
LEGISLATIVE HISTORY:
2015-16: A.1297-A - Referred to Agriculture; S.5084-A - Referred to
Agriculture
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This bill shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
595--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
___________
Introduced by M. of A. L. ROSENTHAL, DINOWITZ, MOSLEY, GOTTFRIED, BRIN-
DISI, GALEF, RAIA, MURRAY, LUPARDO, QUART, SEAWRIGHT, SEPULVEDA,
SANTABARBARA, RIVERA, D'URSO, WILLIAMS, BLAKE, GLICK, CARROLL, BENE-
DETTO, SKARTADOS, STIRPE, GUNTHER, NIOU -- Multi-Sponsored by -- M. of
A. COOK, CURRAN, ENGLEBRIGHT, FITZPATRICK, GARBARINO, LIFTON, McDO-
NOUGH, PHEFFER AMATO, SIMON, SOLAGES, STECK, THIELE, WALTER -- read
once and referred to the Committee on Agriculture -- 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 the declawing of cats
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 381 to read as follows:
3 § 381. Prohibition of the declawing of cats. 1. No person shall
4 perform an onychectomy (declawing), partial or complete phlangectomy or
5 tendonectomy procedure by any means on a cat within the state of New
6 York, except when necessary for a therapeutic purpose. Therapeutic
7 purpose means the necessity to address the physical medical condition of
8 the cat, such as an existing or recurring illness, infection, disease,
9 injury or abnormal condition in the claw that compromises the cat's
10 health. Therapeutic purpose does not include cosmetic or aesthetic
11 reasons or reasons of convenience in keeping or handling the cat.
12 2. Any person who performs an onychectomy, partial or complete phlan-
13 gectomy or tendonectomy procedure on any cat within the state of New
14 York shall be guilty of a violation of this section which shall be
15 punishable by a civil penalty not to exceed one thousand dollars.
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01725-03-8
