Saturday, April 04, 2009

NY State Assembly puts anti-tail docking amendment on its agenda

Anti-tail docking legislation comes and goes in NY state; this year, it looks like the NY Assembly reps who want to attempt to pass this legislation have begun early and are making some headway.

The amendment currently in committee in the NY State Assembly is A07218, or Amd S365-a to the NY Agriculture and Markets Act. The
summary of A07218 and
full text of the amendment can be found at the NY State Assembly website. The amendment will make it a misdemeanor punishable by a $500 fine to dock the tails of dogs except by a licensed veterinarian, for medical or health reasons.

From the summary for the amendment:
"SUMMARY OF SPECIFIC PROVISIONS: Section 1. The agriculture and marketslaw is amended by adding a new section 365-a: Any person who cuts thetail of a dog for reasons other than to protect the life or health ofthe animal is guilty of a misdemeanor, punishable by a fine of not morethan five hundred dollars. Any person who shows or exhibits a dog whosetail has been docked or altered, at a show or other exhibition, is guilty of a misdemeanor, punishable as above. Any dog owner who is injuredor damaged by a violation of these provisions may institute a privateright of action in the supreme court of this state, to obtain redressfor such injury or violation. The provisions shall not apply to any dogor person who is the owner of any dog whose tail has been certified asdocked, cut or altered prior to August 1, 2009."

However, the language of this bill falls short in several areas.
-- it does not describe how an owner is to be 'certified' that his dog's tail was appropriate docked prior to the effective date of the amendment
-- it places the burden of proof that the dog's tail was appropriately docked on the person in possession of the dog; instead, the burden of proof should rest on the state to show that the dog was INappropriately tail-docked. Effectively, owners of dogs with docked tails are, under this amendment, guilty until they prove themselves innocent.
-- the language is unclear whether the proposed $500 fine is for each occurrence, or for every dog with a docked tail found in the person's possession

In the summary, the authors/sponsors of the bill list fiscal impact on the state as 'none.' However, this bill will dramatically affect people who come into the state of NY (and spend money in the communities they visit) to show and exhibit and trial their dogs in conformation, obedience, agility, tracking, terrier trial and field events. Whether you have an opinion about the appropriateness of tail-docking or not, this restriction has the potential to seriously impact tourist and visitor revenue in those communities state-wide who host dog show and trial competitions.

Responsible pet owners and dog fanciers should express their opposition to this amendment directly to the members of the NY State Assembly Agriculture committee (contact information below.) Put "Oppose A07218" in the subject line of any emails you send to the committee members, or write those words on the envelope of any hard-copy communication you direct to the committee members. Remember--be direct, stay on point, and stand up for your dogs and your right to provide safe and informed care to them.

In order to directly contact a NY State Senator or State Assemblyperson on the Agriculture committees, check your representation on this list of committee members taken from the American Dog Owners Association site:

NY State Assembly Agriculture Committee – 2009
Committee Chair - William Magee
Assembly District - 111th
Counties Represented – Madison, Oneida, Otsego
Albany Office – LOB 828
Albany, NY 12248
Telephone (Albany) – 518-455-5807
E-Mail – MageeW@assembly.state.ny.us

Marc Alessi
Assembly District – 1st
Counties Represented – Suffolk
Albany Office – LOB 419
Albany, NY 12248
Telephone (Albany) – 518-455 -5294
E-Mail – AlessiM@assembly.state.ny.us

George Amedor
Assembly District – 105th
Counties Represented – Montgomery, Schenedtady
Albany Office – LOB 426
Albany, NY 12248
Telephone (Albany) – 518-455-5197
E-Mail - AmedorG@assembly.state.ny.us

Michael Benedetto
Assembly District – 82nd
Counties Represented – Bronx
Albany Office – LOB 919
Albany, NY 12248
Telephone (Albany) - 518-455-5296
E-Mail – BenedeM@assembly.state.ny.us

Marc W. Butler
Assembly District – 117th
Counties Represented – Otsego, Herkimer, Fulton
Albany Office – LOB 318
Albany, NY 12248
Telephone (Albany) – 518-455-5393
E-Mail - ButlerM@assembly.state.ny.us

Clifford W. Crouch
Assembly District – 107th
Counties Represented – Chenango, Broome, Delaware, Ulster
Albany Office – LOB 450
Albany, NY 12248
Telephone (Albany) - 518-455-5741
E-Mail - CrouchC@assembly.state.ny.us

Francine Delmonte
Assembly District – 138th
Counties Represented – Niagara
Albany Office – LOB 553
Albany, NY 12248
Telephone (Albany) - 518-455-5284
E-Mail - DelMonF@assembly.state.ny.us

RoAnn M. Destito
Assembly District – 116th
Counties Represented – Oneida
Albany Office – LOB 621
Albany, NY 12248
Telephone (Albany) - 518-455-5454
E-Mail - DestitR@assembly.state.ny.us

Gary D. Finch
Assembly District – 123rd
Counties Represented – Broome, Tioga, Chenango, Cayuga, Cortland
Albany Office – LOB 320
Albany, NY 12248
Telephone (Albany) - 518-455-5878
E-Mail - FinchG@assembly.state.ny.us

Tim Gordon
Assembly District – 108th
Counties Represented – Columbia, Rensselaer, Greene, Albany
Albany Office – LOB 529
Albany, NY 12248
Telephone (Albany) - 518-455-5777
E-Mail - GordonT@assembly.state.ny.us

Aileen M. Gunther
Assembly District – 98th
Counties Represented – Orange, Sullivan
Albany Office – LOB 435
Albany, NY 12248
Telephone (Albany) - 518-455- 5355
E-Mail - GunthA@assembly.state.ny.us

Stephen Hawley
Assembly District – 139th
Counties Represented – Niagara, Orleans, Genesee, Monroe
Albany Office – LOB 531
Albany, NY 12248
Telephone (Albany) - 518-455-5811
E-Mail - HawleyS@assembly.state.ny.us

Barbara Lifton
Assembly District – 139th
Counties Represented – Cortland, Tompkins
Albany Office – LOB 555
Albany, NY 12248
Telephone (Albany) - 518-455-5444
E-Mail - LiftonB@assembly.state.ny.us

Peter D. Lopez
Assembly District – 127th
Counties Represented – Greene, Otsego, Delaware, Schoharie, Ulster, Columbia, Chenango
Albany Office – LOB 429
Albany, NY 12248
Telephone (Albany) - 518-455-5363
E-Mail - LopezP@assembly.state.ny.us

Alan Maisel
Assembly District – 59th
Counties Represented – Kings
Albany Office – LOB 528
Albany, NY 12248
Telephone (Albany) - 518-455-5211
E-Mail - MaiselA@assembly.state.ny.us

Margaret M. Markey
Assembly District – 30th
Counties Represented – Queens
Albany Office – LOB 654
Albany, NY 12248
Telephone (Albany) - 518-455-4755
E-Mail - MarkeyM@assembly.state.ny.us

John J. McEneny
Assembly District – 104th
Counties Represented – Albany
Albany Office – LOB 648
Albany, NY 12248
Telephone (Albany) - 518-455-4178
E-Mail - McEnenJ@assembly.state.ny.us

Bob Reilly
Assembly District – 109th
Counties Represented – Albany, Saratoga
Albany Office – LOB 452
Albany, NY 12248
Telephone (Albany) - 518-455-5931
E-Mail - ReillyR@assembly.state.ny.us

Peter M. Rivera
Assembly District – 76th
Counties Represented – Bronx
Albany Office – LOB 826
Albany, NY 12248
Telephone (Albany) - 518-455-5102
E-Mail - RiveraP@assembly.state.ny.us

Linda B. Rosenthal
Assembly District – 67th
Counties Represented – New York

NEW YORK STATE SENATE AGRICULTURE COMMITTEE
Darrel Aubertine - Chairman - email: aubertin@senate.state.ny.us
William Stachowski - stachows@senate.state.ny.us
Catharine Young - does not appear to have email - Albany fax is (518) 426-6905
Velmanette Montgomery - montgome@senate.state.ny.us
Neil Breslin - breslin@senate.state.ny.us
David Valesky – valesky@senate.state.ny.us
James Seward - does not appear to have email or a fax!
George Winner - does not appear to have email - Albany fax is (518) 426-6976
Michael Ranzenhofer - does not appear to have email or a fax!

Those STATE SENATORS without email addresses have a comment form on their web pages which can be accessed through the list of senators
http://www.senate.state.ny.us/senatehomepage.nsf/senators?OpenForm

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