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S06167 Summary:

BILL NOS06167C
 
SAME ASSAME AS A03431-D
 
SPONSORZELDIN
 
COSPNSRAVELLA, GRISANTI, KENNEDY, KLEIN, KRUEGER, MAZIARZ, OPPENHEIMER, PERKINS, SERRANO, STAVISKY
 
MLTSPNSR
 
Add S365-a, amd S374, Ag & Mkts L
 
Restricts the performance of surgical devocalization procedures on dogs and cats.
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S06167 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6167--C
 
                    IN SENATE
 
                                     January 9, 2012
                                       ___________
 
        Introduced by Sens. ZELDIN, AVELLA, GRISANTI, KENNEDY, KRUEGER, MAZIARZ,
          PERKINS,  SERRANO  -- read twice and ordered printed, and when printed
          to  be  committed  to  the  Committee  on  Agriculture  --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  committee  discharged,  bill amended, ordered

          reprinted as amended and recommitted to said  committee  --  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
          restricting the performance of surgical devocalization  procedures  on
          dogs and 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 365-a to read as follows:
     3    §  365-a.  Devocalization  of  animals. 1. No person shall perform the
     4  surgical devocalization of a dog or cat except in  accordance  with  the
     5  provisions of this section.
     6    2.  a. Surgical devocalization of a dog or cat shall be performed only

     7  by a  person  licensed  as  a  veterinarian  in  this  state  under  the
     8  provisions of article one hundred thirty-five of the education law.
     9    b.  Surgical devocalization of a dog or cat may be performed only when
    10  the procedure is medically necessary to  treat  or  relieve  a  physical
    11  illness,  disease or injury or correct a congenital abnormality suffered
    12  by the animal, which physical illness,  disease,  injury  or  congenital
    13  abnormality  is causing or may reasonably cause the animal physical pain
    14  or harm.
    15    3. a. Any person who performs a surgical devocalization procedure on a
    16  dog or cat shall include information related to the procedure  including
    17  the  medical  necessity  in  the animal's treatment record as defined in

    18  section sixty-seven hundred fourteen of the education law.
    19    b. Any person who performs a devocalization procedure on a dog or  cat
    20  shall  report  the number in the aggregate of all such procedures to the
    21  commissioner of education annually on or  before  March  thirtieth.  The
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00518-14-2

        S. 6167--C                          2
 
     1  department  shall  maintain  all notices received under this subdivision
     2  for four years from the date of receipt.
     3    4.  As  used in this section, "devocalization" means a surgical proce-

     4  dure on the larynx or vocal cords of an animal  intended  to  cause  the
     5  reduction  or  elimination  of  vocal sounds produced by that animal and
     6  includes procedures commonly referred to as "debarking", "silencing"  or
     7  "bark softening".
     8    5.  a.  Any  person  who knowingly performs, or knowingly causes to be
     9  performed, the surgical devocalization of a dog or cat in  violation  of
    10  the  provisions of this section shall be guilty of a class B misdemeanor
    11  punishable by imprisonment for a period of not more than ninety days  or
    12  by  a  fine  not to exceed five hundred dollars or by both such fine and
    13  imprisonment.
    14    b. Any veterinarian who knowingly performs a  surgical  devocalization

    15  procedure  in  violation  of  the  provisions  of  this section shall be
    16  subject to the revocation or suspension of his or her  license  pursuant
    17  to article one hundred thirty of the education law.
    18    §  2.  Paragraph  a of subdivision 8 of section 374 of the agriculture
    19  and markets law, as amended by chapter 594 of the laws of 2003 and  such
    20  subdivision as renumbered by chapter 479 of the laws of 2009, is amended
    21  to read as follows:
    22    a.  In  addition to any other penalty provided by law, upon conviction
    23  for any violation of section  three  hundred  fifty-one,  three  hundred
    24  fifty-three,  three  hundred fifty-three-a, three hundred fifty-three-b,
    25  three hundred fifty-five, three hundred fifty-six, three hundred  fifty-
    26  nine,  three  hundred  sixty,  three  hundred  sixty-one,  three hundred

    27  sixty-five, three hundred sixty-five-a or three hundred  sixty-eight  of
    28  this article, the convicted person may, after a duly held hearing pursu-
    29  ant  to  paragraph  f  of  this  subdivision, be ordered by the court to
    30  forfeit, to a duly incorporated society for the prevention of cruelty to
    31  animals or a duly incorporated humane society or authorized agents ther-
    32  eof, the animal or animals which are the basis of the  conviction.  Upon
    33  such  an  order  of  forfeiture, the convicted person shall be deemed to
    34  have relinquished all rights to the animals which are the basis  of  the
    35  conviction, except those granted in paragraph d of this subdivision.
    36    §  3. The commissioner of agriculture and markets and the commissioner
    37  of education are authorized and directed to promulgate and implement all
    38  rules, regulations and standards they  respectively  deem  necessary  to

    39  enforce  the  provisions  of this act on or before the effective date of
    40  this act.
    41    § 4. This act shall take effect on the ninetieth day  after  it  shall
    42  have become a law.
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