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S02271 Summary:

BILL NOS02271
 
SAME ASSAME AS A01204
 
SPONSORGRISANTI
 
COSPNSRADDABBO, AVELLA, GIPSON, KRUEGER, LANZA, LATIMER, MARTINS, 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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S02271 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2271
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    January 15, 2013
                                       ___________
 
        Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture
 
        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

    22  department shall maintain all notices received  under  this  subdivision
    23  for four years from the date of receipt.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00470-01-3

        S. 2271                             2
 
     1    4.  As  used in this section, "devocalization" means a surgical proce-
     2  dure on the larynx or vocal cords of an animal  intended  to  cause  the
     3  reduction  or  elimination  of  vocal sounds produced by that animal and
     4  includes procedures commonly referred to as "debarking", "silencing"  or
     5  "bark softening".

     6    5.  a.  Any  person  who knowingly performs, or knowingly causes to be
     7  performed, the surgical devocalization of a dog or cat in  violation  of
     8  the  provisions of this section shall be guilty of a class B misdemeanor
     9  punishable by imprisonment for a period of not more than ninety days  or
    10  by  a  fine  not to exceed five hundred dollars or by both such fine and
    11  imprisonment.
    12    b. Any veterinarian who knowingly performs a  surgical  devocalization
    13  procedure  in  violation  of  the  provisions  of  this section shall be
    14  subject to the revocation or suspension of his or her  license  pursuant
    15  to article one hundred thirty of the education law.
    16    §  2.  Paragraph  a of subdivision 8 of section 374 of the agriculture

    17  and markets law, as amended by chapter 594 of the laws of 2003 and  such
    18  subdivision as renumbered by chapter 479 of the laws of 2009, is amended
    19  to read as follows:
    20    a.  In  addition to any other penalty provided by law, upon conviction
    21  for any violation of section  three  hundred  fifty-one,  three  hundred
    22  fifty-three,  three  hundred fifty-three-a, three hundred fifty-three-b,
    23  three hundred fifty-five, three hundred fifty-six, three hundred  fifty-
    24  nine,  three  hundred  sixty,  three  hundred  sixty-one,  three hundred
    25  sixty-five, three hundred sixty-five-a or three hundred  sixty-eight  of
    26  this article, the convicted person may, after a duly held hearing pursu-
    27  ant  to  paragraph  f  of  this  subdivision, be ordered by the court to
    28  forfeit, to a duly incorporated society for the prevention of cruelty to

    29  animals or a duly incorporated humane society or authorized agents ther-
    30  eof, the animal or animals which are the basis of the  conviction.  Upon
    31  such  an  order  of  forfeiture, the convicted person shall be deemed to
    32  have relinquished all rights to the animals which are the basis  of  the
    33  conviction, except those granted in paragraph d of this subdivision.
    34    §  3. The commissioner of agriculture and markets and the commissioner
    35  of education are authorized and directed to promulgate and implement all
    36  rules, regulations and standards they  respectively  deem  necessary  to
    37  enforce  the  provisions  of this act on or before the effective date of
    38  this act.
    39    § 4. This act shall take effect on the ninetieth day  after  it  shall
    40  have become a law.
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