S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9445
 
                             I N  S E N A T E
 
                               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:
 
   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 PURSUANT TO ARTICLE ONE HUNDRED
 THIRTY-FIVE OF THE EDUCATION LAW.
   B. SURGICAL DEVOCALIZATION OF A DOG OR  CAT  MAY  BE  PERFORMED  WHERE
 NECESSARY  TO  TREAT OR RELIEVE A PHYSICAL ILLNESS, DISEASE OR INJURY OR
 CORRECT A CONGENITAL ABNORMALITY SUFFERED  BY  THE  ANIMAL,  WHERE  SUCH
 PHYSICAL  ILLNESS,  DISEASE, INJURY OR CONGENITAL ABNORMALITY IS CAUSING
 OR MAY REASONABLY CAUSE THE ANIMAL PHYSICAL PAIN OR HARM, OR WHEN DETER-
 MINED BY A VETERINARIAN TO BE MEDICALLY NECESSARY TO PRESERVE  THE  LIFE
 OF THE ANIMAL.
   3.  ANY  VETERINARIAN WHO PERFORMS A SURGICAL DEVOCALIZATION PROCEDURE
 ON A DOG OR CAT SHALL DOCUMENT THE PERFORMANCE OF SUCH PROCEDURE IN  THE
 TREATMENT  RECORD OF THE PATIENT, INCLUDING THE MEDICAL NECESSITY JUSTI-
 FYING THE PROCEDURE, AS DEFINED IN SECTION SIXTY-SEVEN HUNDRED  FOURTEEN
 OF THE EDUCATION LAW.
   4.  NOTWITHSTANDING SUBDIVISIONS ONE, TWO AND THREE OF THIS SECTION, A
 SURGICAL DEVOCALIZATION PROCEDURE SHALL NOT BE PERFORMED ON A DOG OR CAT
 UNDER SIX MONTHS OF AGE UNLESS THE  PERFORMANCE  OF  SUCH  PROCEDURE  IS
 NECESSARY,  AND THE ONLY ALTERNATIVE IS DEATH OR EUTHANASIA.  AS USED IN
 THIS SECTION, "DEVOCALIZATION" MEANS A SURGICAL PROCEDURE ON THE  LARYNX
 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.
              

                                                            LBD16003-01-2
 S. 9445                             2
 
 NATION OF VOCAL SOUNDS PRODUCED BY THAT ANIMAL AND  INCLUDES  PROCEDURES
 COMMONLY REFERRED TO AS "DEBARKING", "SILENCING" OR "BARK SOFTENING".
   5.  ANY  VETERINARIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-
 FIVE OF THE EDUCATION LAW 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 SUBJECT TO A CIVIL PENALTY
 NOT TO EXCEED ONE THOUSAND DOLLARS AND SUBJECT TO THE REMEDIES AVAILABLE
 PURSUANT TO ARTICLE ONE HUNDRED THIRTY OF THE EDUCATION LAW.
   6. A. ANY PERSON NOT LICENSED PURSUANT TO ARTICLE ONE HUNDRED  THIRTY-
 FIVE OF THE EDUCATION LAW 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 MISDEMEA-
 NOR 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 THE PROCESSES OUTLINED IN 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.