The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    142
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. GIANARIS, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01852-01-3
 S. 142                              2
 
 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-
 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, AS ADDED BY
 CHAPTER 987 OF THE LAWS OF 1971.
   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, 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.