S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3024
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI, DINOWITZ, PAULIN, COLTON, RIVERA,
   GUNTHER, BRONSON, L. ROSENTHAL, GLICK, BENEDETTO, WEPRIN, OTIS, HUNTER
   -- Multi-Sponsored by -- M. of A.  J. M. GIGLIO,  LUPARDO,  McDONOUGH,
   THIELE,  WALKER -- read once and referred to the Committee on Agricul-
   ture

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06928-01-3
              

 A. 3024                             2
 
 DEPARTMENT SHALL MAINTAIN ALL NOTICES RECEIVED  UNDER  THIS  SUBDIVISION
 FOR FOUR YEARS FROM THE DATE OF RECEIPT.
   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, AS ADDED BY CHAPTER
 987 OF THE LAWS OF 1971.
   § 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. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.