A03431 Summary:

BILL NO    A03431D

SAME AS    SAME AS S06167-C

SPONSOR    Zebrowski (MS)

COSPNSR    Millman, Miller M, Arroyo, Sweeney, Dinowitz, Titone, Paulin, Colton,
           Rivera N, Rivera P, Scarborough, Englebright, Calhoun, Maisel,
           Gunther, Simotas, Lavine, Galef, Boyland, Cusick, Bronson, Moya,
           Weisenberg, Rosenthal, Glick, Kellner, Camara, Cahill, Benedetto,
           Roberts, Hooper, DenDekker, Weprin, Kavanagh, Brindisi

MLTSPNSR   Brennan, Castelli, Ceretto, Conte, Curran, Finch, Gabryszak, Gibson,
           Giglio, Gottfried, Hikind, Losquadro, Lupardo, Malliotakis,
           McDonough, McEneny, McKevitt, Perry, Raia, Saladino, Schimel,
           Tedisco, Tenney, Thiele, Tobacco, Walter

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

Restricts the performance of surgical devocalization procedures on dogs and
cats.
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A03431 Votes:

A03431D06/13/2012 138/4
AbbateYCanestrYFriendYJordanYMcDonouYQuartYSimotasY
AbinantYCastellYGabryszYKatzYMcEnenyYRaYSkartadY
AmedoreYCastroYGalefYKavanagYMcKevitYRabbittYSmardzY
ArroyoYCerettoYGanttYKearnsYMcLaughYRaiaYStevensY
AubryYClarkYGibsonYKellnerERMengERRamosYSweeneyY
BarclayNOColtonYGiglioYKolbNOMill D YReilichYTediscoY
BarrettYConteERGlickYLancmanERMill JMYReillyYTenneyY
BarronYCookYGoldfedYLatimerYMill MGYRive J YThieleY
BenedetYCorwinYGoodellYLavineYMillmanYRive N YTitoneER
BlankenYCrespoYGottfriYLentolYMontesaYRive PMYTitusER
BoylandYCrouchNOGrafYLiftonYMorelleYRobertsYTobaccoY
BoyleYCurranYGuntherYLinaresYMoyaYRobinsoYWalterY
BraunstYCusickYHannaYLope PDYMurrayYRodriguYWeinsteY
BrennanYCymbrowYHawleyYLope VJYNolanYRosenthYWeisenbY
BrindisYDenDekkYHeastieYLosquadYOaksNORussellYWeprinY
BronsonYDinowitYHevesiYLupardoYO'DonneYRyanYWrightY
Brook KYDupreyYHikindYMageeYOrtizYSaladinYZebrowsY
BurlingEREnglebrYHooperYMagnareYPalmesaYSaywardYMr SpkrY
ButlerYEspinalYJacobsYMaiselYPaulinYScarborY
CahillYFarrellYJaffeeYMalliotYPeoplesYSchimelY
CalhounYFinchYJeffrieERMarkeyYPerryYSchimmiY
CamaraYFitzpatYJohnsYMayerYPretlowYSimanowY

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A03431 Text:

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

                                        3431--D

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 25, 2011
                                      ___________

       Introduced  by  M. of A. ZEBROWSKI, MILLMAN, M. MILLER, ARROYO, SWEENEY,
         DINOWITZ, TITONE, PAULIN, COLTON, N. RIVERA,  P. RIVERA,  SCARBOROUGH,
         ENGLEBRIGHT,   CALHOUN,   MAISEL,  GUNTHER,  SIMOTAS,  LAVINE,  GALEF,
         BOYLAND, CUSICK, BRONSON, MOYA, WEISENBERG, ROSENTHAL, GLICK, KELLNER,
         CAMARA,  CAHILL,  BENEDETTO,  ROBERTS,  HOOPER,   DenDEKKER,   WEPRIN,
         KAVANAGH,  BRINDISI -- Multi-Sponsored by -- M. of A. BRENNAN, CASTEL-
         LI, CERETTO,  CONTE,  FINCH,  GABRYSZAK,  GIBSON,  GIGLIO,  GOTTFRIED,
         HIKIND,  KOLB,  LOSQUADRO,  LUPARDO,  MALLIOTAKIS, McDONOUGH, McENENY,
         PERRY, RAIA, SALADINO,  SCHIMEL,  TEDISCO,  TENNEY,  THIELE,  TOBACCO,
         WALTER  --  read  once and referred to the Committee on Agriculture --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee -- recommitted to the Committee on Agri-
         culture  in  accordance  with  Assembly  Rule  3,  sec. 2 -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee -- reported and referred to the Committee  on  Codes
         --  committee  discharged,  bill amended, ordered reprinted as amended
         and recommitted to said committee -- again reported from said  commit-
         tee  with  amendments, 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    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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00518-13-2
       A. 3431--D                          2

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