S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1389
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sens.  AVELLA,  ADDABBO, BOYLE, ROBACH -- 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:
 
   Section 1. The agriculture and markets law is amended by adding a  new
 section 365-a to read as follows:
   §  365-A.  DEVOCALIZATION  OF  ANIMALS. 1. NO PERSON SHALL PERFORM THE
 SURGICAL DEVOCALIZATION OF A DOG OR CAT EXCEPT IN  ACCORDANCE  WITH  THE
 PROVISIONS OF THIS SECTION.
   2.  A. SURGICAL DEVOCALIZATION OF A DOG OR CAT SHALL BE PERFORMED ONLY
 BY A  PERSON  LICENSED  AS  A  VETERINARIAN  IN  THIS  STATE  UNDER  THE
 PROVISIONS OF ARTICLE ONE HUNDRED THIRTY-FIVE OF THE EDUCATION LAW.
   B.  SURGICAL DEVOCALIZATION OF A DOG OR CAT MAY BE PERFORMED ONLY WHEN
 THE PROCEDURE IS MEDICALLY NECESSARY TO  TREAT  OR  RELIEVE  A  PHYSICAL
 ILLNESS,  DISEASE OR INJURY OR CORRECT A CONGENITAL ABNORMALITY SUFFERED
 BY THE ANIMAL, WHICH PHYSICAL ILLNESS,  DISEASE,  INJURY  OR  CONGENITAL
 ABNORMALITY  IS CAUSING OR MAY REASONABLY CAUSE THE ANIMAL PHYSICAL PAIN
 OR HARM.
   3. A. ANY PERSON WHO PERFORMS A SURGICAL DEVOCALIZATION PROCEDURE ON A
 DOG OR CAT SHALL INCLUDE INFORMATION RELATED TO THE PROCEDURE  INCLUDING
 THE  MEDICAL  NECESSITY  IN  THE ANIMAL'S TREATMENT RECORD AS DEFINED IN
 SECTION SIXTY-SEVEN HUNDRED FOURTEEN OF THE EDUCATION LAW.
   B. ANY PERSON WHO PERFORMS A DEVOCALIZATION PROCEDURE ON A DOG OR  CAT
 SHALL  REPORT  THE NUMBER IN THE AGGREGATE OF ALL SUCH PROCEDURES TO THE
 COMMISSIONER OF EDUCATION ANNUALLY ON OR  BEFORE  MARCH  THIRTIETH.  THE
 DEPARTMENT  SHALL  MAINTAIN  ALL NOTICES RECEIVED UNDER THIS SUBDIVISION
 FOR FOUR YEARS FROM THE DATE OF RECEIPT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01003-01-7

 S. 1389                             2
 
   4. AS USED IN THIS SECTION, "DEVOCALIZATION" MEANS A  SURGICAL  PROCE-
 DURE  ON  THE  LARYNX  OR VOCAL CORDS OF AN ANIMAL INTENDED TO CAUSE THE
 REDUCTION OR ELIMINATION OF VOCAL SOUNDS PRODUCED  BY  THAT  ANIMAL  AND
 INCLUDES  PROCEDURES COMMONLY REFERRED TO AS "DEBARKING", "SILENCING" OR
 "BARK SOFTENING".
   5.  A.  ANY  PERSON  WHO KNOWINGLY PERFORMS, OR KNOWINGLY CAUSES TO BE
 PERFORMED, THE SURGICAL DEVOCALIZATION OF A DOG OR CAT IN  VIOLATION  OF
 THE  PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEANOR
 PUNISHABLE BY IMPRISONMENT FOR A PERIOD OF NOT MORE THAN NINETY DAYS  OR
 BY  A  FINE  NOT TO EXCEED FIVE HUNDRED DOLLARS OR BY BOTH SUCH FINE AND
 IMPRISONMENT.
   B. ANY VETERINARIAN WHO KNOWINGLY PERFORMS A  SURGICAL  DEVOCALIZATION
 PROCEDURE  IN  VIOLATION  OF  THE  PROVISIONS  OF  THIS SECTION SHALL BE
 SUBJECT TO THE REVOCATION OR SUSPENSION OF HIS OR HER  LICENSE  PURSUANT
 TO ARTICLE ONE HUNDRED THIRTY OF THE EDUCATION LAW.
   §  2.  Paragraph  a of subdivision 8 of section 374 of the agriculture
 and markets law, as amended by chapter 594 of the laws of 2003 and  such
 subdivision as renumbered by chapter 479 of the laws of 2009, is amended
 to read as follows:
   a.  In  addition to any other penalty provided by law, upon conviction
 for any violation of section  three  hundred  fifty-one,  three  hundred
 fifty-three,  three  hundred fifty-three-a, three hundred fifty-three-b,
 three hundred fifty-five, three hundred fifty-six, three hundred  fifty-
 nine,  three  hundred  sixty,  three  hundred  sixty-one,  three hundred
 sixty-five, THREE HUNDRED SIXTY-FIVE-A or three hundred  sixty-eight  of
 this article, the convicted person may, after a duly held hearing pursu-
 ant  to  paragraph  f  of  this  subdivision, be ordered by the court to
 forfeit, to a duly incorporated society for the prevention of cruelty to
 animals or a duly incorporated humane society or authorized agents ther-
 eof, the animal or animals which are the basis of the  conviction.  Upon
 such  an  order  of  forfeiture, the convicted person shall be deemed to
 have relinquished all rights to the animals which are the basis  of  the
 conviction, except those granted in paragraph d of this subdivision.
   §  3. The commissioner of agriculture and markets and the commissioner
 of education are authorized and directed to promulgate and implement all
 rules, regulations and standards they  respectively  deem  necessary  to
 enforce  the  provisions  of this act on or before the effective date of
 this act.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.