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A01204 Summary:

BILL NO    A01204 

SAME AS    SAME AS S02271

SPONSOR    Zebrowski (MS)

COSPNSR    Millman, Miller, Arroyo, Sweeney, Dinowitz, Titone, Paulin, Colton,
           Rivera, Scarborough, Englebright, Gunther, Simotas, Lavine, Galef,
           Cusick, Bronson, Moya, Weisenberg, Rosenthal, Glick, Kellner, Camara,
           Cahill, Benedetto, Roberts, Hooper, DenDekker, Weprin, Kavanagh,
           Brindisi, Otis, Fahy, Ortiz

MLTSPNSR   Brennan, Ceretto, Curran, Finch, Giglio, Gottfried, Hikind, Kolb,
           Lupardo, Malliotakis, McDonald, McDonough, McKevitt, Mosley, Perry,
           Quart, Raia, Saladino, Schimel, Solages, Tedisco, Tenney, Thiele,
           Walter

Add S365-a, amd S374, Ag & Mkts L

Restricts the performance of surgical devocalization procedures on dogs and
cats.
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A01204 Text:

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

                                         1204

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M.  of  A.  ZEBROWSKI, MILLMAN, MILLER, ARROYO, SWEENEY,
         DINOWITZ, TITONE, PAULIN, COLTON,  RIVERA,  SCARBOROUGH,  ENGLEBRIGHT,
         MAISEL,  GUNTHER,  SIMOTAS,  LAVINE,  GALEF, BOYLAND, CUSICK, BRONSON,
         MOYA, WEISENBERG, ROSENTHAL, GLICK, KELLNER, CAMARA, CAHILL,  BENEDET-
         TO,  ROBERTS,  HOOPER, DenDEKKER, WEPRIN, KAVANAGH, BRINDISI -- Multi-
         Sponsored by -- M. of A. BRENNAN, CERETTO, CURRAN,  FINCH,  GABRYSZAK,
         GIBSON,  GIGLIO,  GOTTFRIED,  HIKIND, LOSQUADRO, LUPARDO, MALLIOTAKIS,
         McDONOUGH, McKEVITT, PERRY, RAIA, SALADINO, SCHIMEL, TEDISCO,  TENNEY,
         THIELE,  WALTER -- read once and referred to the Committee on Agricul-
         ture

       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    S 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.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00470-01-3
       A. 1204                             2

    1    3. A. ANY PERSON WHO PERFORMS A SURGICAL DEVOCALIZATION PROCEDURE ON A
    2  DOG  OR CAT SHALL INCLUDE INFORMATION RELATED TO THE PROCEDURE INCLUDING
    3  THE MEDICAL NECESSITY IN THE ANIMAL'S TREATMENT  RECORD  AS  DEFINED  IN
    4  SECTION SIXTY-SEVEN HUNDRED FOURTEEN OF THE EDUCATION LAW.
    5    B.  ANY PERSON WHO PERFORMS A DEVOCALIZATION PROCEDURE ON A DOG OR CAT
    6  SHALL REPORT THE NUMBER IN THE AGGREGATE OF ALL SUCH PROCEDURES  TO  THE
    7  COMMISSIONER  OF  EDUCATION  ANNUALLY  ON OR BEFORE MARCH THIRTIETH. THE
    8  DEPARTMENT SHALL MAINTAIN ALL NOTICES RECEIVED  UNDER  THIS  SUBDIVISION
    9  FOR FOUR YEARS FROM THE DATE OF RECEIPT.
   10    4.  AS  USED IN THIS SECTION, "DEVOCALIZATION" MEANS A SURGICAL PROCE-
   11  DURE ON THE LARYNX OR VOCAL CORDS OF AN ANIMAL  INTENDED  TO  CAUSE  THE
   12  REDUCTION  OR  ELIMINATION  OF  VOCAL SOUNDS PRODUCED BY THAT ANIMAL AND
   13  INCLUDES PROCEDURES COMMONLY REFERRED TO AS "DEBARKING", "SILENCING"  OR
   14  "BARK SOFTENING".
   15    5.  A.  ANY  PERSON  WHO KNOWINGLY PERFORMS, OR KNOWINGLY CAUSES TO BE
   16  PERFORMED, THE SURGICAL DEVOCALIZATION OF A DOG OR CAT IN  VIOLATION  OF
   17  THE  PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEANOR
   18  PUNISHABLE BY IMPRISONMENT FOR A PERIOD OF NOT MORE THAN NINETY DAYS  OR
   19  BY  A  FINE  NOT TO EXCEED FIVE HUNDRED DOLLARS OR BY BOTH SUCH FINE AND
   20  IMPRISONMENT.
   21    B. ANY VETERINARIAN WHO KNOWINGLY PERFORMS A  SURGICAL  DEVOCALIZATION
   22  PROCEDURE  IN  VIOLATION  OF  THE  PROVISIONS  OF  THIS SECTION SHALL BE
   23  SUBJECT TO THE REVOCATION OR SUSPENSION OF HIS OR HER  LICENSE  PURSUANT
   24  TO ARTICLE ONE HUNDRED THIRTY OF THE EDUCATION LAW.
   25    S  2.  Paragraph  a of subdivision 8 of section 374 of the agriculture
   26  and markets law, as amended by chapter 594 of the laws of 2003 and  such
   27  subdivision as renumbered by chapter 479 of the laws of 2009, is amended
   28  to read as follows:
   29    a.  In  addition to any other penalty provided by law, upon conviction
   30  for any violation of section  three  hundred  fifty-one,  three  hundred
   31  fifty-three,  three  hundred fifty-three-a, three hundred fifty-three-b,
   32  three hundred fifty-five, three hundred fifty-six, three hundred  fifty-
   33  nine,  three  hundred  sixty,  three  hundred  sixty-one,  three hundred
   34  sixty-five, THREE HUNDRED SIXTY-FIVE-A or three hundred  sixty-eight  of
   35  this article, the convicted person may, after a duly held hearing pursu-
   36  ant  to  paragraph  f  of  this  subdivision, be ordered by the court to
   37  forfeit, to a duly incorporated society for the prevention of cruelty to
   38  animals or a duly incorporated humane society or authorized agents ther-
   39  eof, the animal or animals which are the basis of the  conviction.  Upon
   40  such  an  order  of  forfeiture, the convicted person shall be deemed to
   41  have relinquished all rights to the animals which are the basis  of  the
   42  conviction, except those granted in paragraph d of this subdivision.
   43    S  3. The commissioner of agriculture and markets and the commissioner
   44  of education are authorized and directed to promulgate and implement all
   45  rules, regulations and standards they  respectively  deem  necessary  to
   46  enforce  the  provisions  of this act on or before the effective date of
   47  this act.
   48    S 4. This act shall take effect on the ninetieth day  after  it  shall
   49  have become a law.
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