Bill Text: NY S09445 | 2021-2022 | General Assembly | Introduced
Bill Title: Restricts the performance of surgical devocalization procedures on dogs and cats.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-06-01 - referred to agriculture [S09445 Detail]
Download: New_York-2021-S09445-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9445 IN SENATE May 27, 2022 ___________ Introduced by Sens. GIANARIS, BIAGGI, MARTUCCI, PALUMBO -- 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 pursuant to article one hundred 8 thirty-five of the education law. 9 b. Surgical devocalization of a dog or cat may be performed where 10 necessary to treat or relieve a physical illness, disease or injury or 11 correct a congenital abnormality suffered by the animal, where such 12 physical illness, disease, injury or congenital abnormality is causing 13 or may reasonably cause the animal physical pain or harm, or when deter- 14 mined by a veterinarian to be medically necessary to preserve the life 15 of the animal. 16 3. Any veterinarian who performs a surgical devocalization procedure 17 on a dog or cat shall document the performance of such procedure in the 18 treatment record of the patient, including the medical necessity justi- 19 fying the procedure, as defined in section sixty-seven hundred fourteen 20 of the education law. 21 4. Notwithstanding subdivisions one, two and three of this section, a 22 surgical devocalization procedure shall not be performed on a dog or cat 23 under six months of age unless the performance of such procedure is 24 necessary, and the only alternative is death or euthanasia. As used in 25 this section, "devocalization" means a surgical procedure on the larynx 26 or vocal cords of an animal intended to cause the reduction or elimi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16003-01-2S. 9445 2 1 nation of vocal sounds produced by that animal and includes procedures 2 commonly referred to as "debarking", "silencing" or "bark softening". 3 5. Any veterinarian licensed pursuant to article one hundred thirty- 4 five of the education law who knowingly performs, or knowingly causes to 5 be performed, the surgical devocalization of a dog or cat in violation 6 of the provisions of this section shall be subject to a civil penalty 7 not to exceed one thousand dollars and subject to the remedies available 8 pursuant to article one hundred thirty of the education law. 9 6. a. Any person not licensed pursuant to article one hundred thirty- 10 five of the education law who knowingly performs, or knowingly causes to 11 be performed, the surgical devocalization of a dog or cat in violation 12 of the provisions of this section shall be guilty of a class B misdemea- 13 nor punishable by imprisonment for a period of not more than ninety days 14 or by a fine not to exceed five hundred dollars or by both such fine and 15 imprisonment. 16 b. Any veterinarian who knowingly performs a surgical devocalization 17 procedure in violation of the provisions of this section shall be 18 subject to the revocation or suspension of his or her license pursuant 19 to the processes outlined in article one hundred thirty of the education 20 law. 21 § 2. Paragraph a of subdivision 8 of section 374 of the agriculture 22 and markets law, as amended by chapter 594 of the laws of 2003 and such 23 subdivision as renumbered by chapter 479 of the laws of 2009, is amended 24 to read as follows: 25 a. In addition to any other penalty provided by law, upon conviction 26 for any violation of section three hundred fifty-one, three hundred 27 fifty-three, three hundred fifty-three-a, three hundred fifty-three-b, 28 three hundred fifty-five, three hundred fifty-six, three hundred fifty- 29 nine, three hundred sixty, three hundred sixty-one, three hundred 30 sixty-five, three hundred sixty-five-a or three hundred sixty-eight of 31 this article, the convicted person may, after a duly held hearing pursu- 32 ant to paragraph f of this subdivision, be ordered by the court to 33 forfeit, to a duly incorporated society for the prevention of cruelty to 34 animals or a duly incorporated humane society or authorized agents ther- 35 eof, the animal or animals which are the basis of the conviction. Upon 36 such an order of forfeiture, the convicted person shall be deemed to 37 have relinquished all rights to the animals which are the basis of the 38 conviction, except those granted in paragraph d of this subdivision. 39 § 3. The commissioner of agriculture and markets and the commissioner 40 of education are authorized and directed to promulgate and implement all 41 rules, regulations and standards they respectively deem necessary to 42 enforce the provisions of this act on or before the effective date of 43 this act. 44 § 4. This act shall take effect on the ninetieth day after it shall 45 have become a law.
