S T A T E O F N E W Y O R K
________________________________________________________________________
9847
I N S E N A T E
June 4, 2024
___________
Introduced by Sen. GIANARIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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. 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. ANY VETERINARIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-
FIVE OF THE EDUCATION LAW WHO KNOWINGLY PERFORMS, OR KNOWINGLY CAUSES TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01852-04-4
S. 9847 2
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, AS ADDED BY
CHAPTER 987 OF THE LAWS OF 1971.
6. 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 THEIR LICENSE PURSUANT TO THE
PROCESSES OUTLINED IN 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. 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.
