|SAME AS||SAME AS A03431-D|
|COSPNSR||AVELLA, GRISANTI, KENNEDY, KLEIN, KRUEGER, MAZIARZ, OPPENHEIMER, PERKINS, SERRANO, STAVISKY|
|Add S365-a, amd S374, Ag & Mkts L|
|Restricts the performance of surgical devocalization procedures on dogs and cats.|
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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. LBD00518-14-2S. 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.