S6167B-2011 Actions

• Jun 4, 2012: PRINT NUMBER 6167C
• Jun 4, 2012: AMEND AND RECOMMIT TO AGRICULTURE
• May 18, 2012: PRINT NUMBER 6167B
• May 18, 2012: AMEND AND RECOMMIT TO AGRICULTURE
• Mar 23, 2012: PRINT NUMBER 6167A
• Mar 23, 2012: AMEND AND RECOMMIT TO AGRICULTURE
• Jan 9, 2012: REFERRED TO AGRICULTURE

S6167B-2011 Memo

BILL NUMBER:S6167B

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to restricting the
performance of surgical devocalization procedures on dogs and cats

PURPOSE OF THE BILL:
This bill will prohibit the
devocalization of
dogs and cats unless there is medical condition that requires the
procedure.

SUMMARY OF PROVISIONS:
Section one of the bill creates section 365-a
in the agriculture and markets law that prohibits the devocalization
of cats and dogs unless medically necessary.

Subsection two of the bill relates to circumstances where
devocalization surgery is allowed including treatment or relief from
a physical illness, disease or injury.

Subsection three of the bill relates to including information
regarding the medical necessity of the procedure in the animal's
treatment record.

Subsection four of this bill relates to the definition of
devocalization.

Subsection five of this bill relates to the penalties associated with
the violation of section 365-a.

Section 2 of the bill allows the commissioner of agriculture and'
markets and the commissioner of education to promulgate rules and
regulations to enforce this section.

JUSTIFICATION:
The devocalization of animals is an invasive procedure
that involves the surgical removal of a dog or cat's vocal cords.

This procedure often leads to serious and long term respiratory and
throat ailments. It silences the dog or cat and prevents
communication between other animals and their owners.

This bill will outlaw "convenience" devocalization and restrict the
invasive surgery for cases where it is medically necessary to treat
or relieve an illness or injury.

An October 2010 AP poll surveyed over 1,040 pet owners nationwide and
found that 90t think it is "not okay" to devocalize a dog or cat.

PRIOR LEGISLATIVE HISTORY:
A.11684 of 2009-10.

FISCAL IMPLICATIONS FOR STATE:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall become law.

S6167B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 6167--B
 I N  SENATE
 January 9, 2012
 
 Introduced  by Sens. ZELDIN, AVELLA, GRISANTI, KRUEGER, MAZIARZ, SERRANO
 -- read twice and ordered printed, and when printed to be committed to
 the Committee on Agriculture -- committee  discharged,  bill  amended,
 ordered  reprinted  as  amended  and  recommitted to said committee -
 committee discharged, bill amended, ordered reprinted as  amended  and
 recommitted to said committee
 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:

 

S  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
 STATE BOARD FOR VETERINARY MEDICINE ANNUALLY ON OR BEFORE MARCH  THIRTI
 ETH.  THE  BOARD SHALL MAINTAIN ALL NOTICES RECEIVED UNDER THIS SUBDIVI
 SION FOR FOUR YEARS FROM THE DATE OF RECEIPT.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00518-10-2
 
       S. 6167--B                          2
 4. AS USED IN THIS SECTION, "DEVOCALIZATION" MEANS A  SURGICAL  PROCE
 DURE  ON  THE  LARYNX  OR  VOCAL  CORDS  OF  AN  ANIMAL WHICH CAUSES 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 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 A MISDEMEANOR
 PUNISHABLE BY IMPRISONMENT FOR A PERIOD OF NOT MORE THAN ONE YEAR OR  BY
 A  FINE  OF NOT TO EXCEED FIVE THOUSAND DOLLARS OR BY BOTH SUCH FINE AND
 IMPRISONMENT.
 B. IN ADDITION TO THE PENALTIES  DESCRIBED  IN  PARAGRAPH  A  OF  THIS
 SUBDIVISION,  THE COURT MAY ORDER ANY PERSON WHO VIOLATES THE PROVISIONS
 OF THIS SECTION TO SUCCESSFULLY COMPLETE A COURSE OF  INSTRUCTION  RELA
 TIVE  TO  THE  HUMANE  TREATMENT  OF ANIMALS OR BE BARRED FROM OWNING OR
 KEEPING A DOG OR CAT OR SHARING A RESIDENCE WITH  ANOTHER  WHO  OWNS  OR
 KEEPS A DOG OR CAT FOR A PERIOD OF TIME AS DETERMINED BY SAID COURT. THE
 COURT  MAY FURTHER ORDER ANY PERSON WHO VIOLATES THIS SECTION TO SURREN
 DER THE ANIMAL ON WHICH THE PROCEDURE WAS  PERFORMED,  AS  WELL  AS  ANY
 OTHER ANIMALS OWNED OR CONTROLLED BY SUCH PERSON.
 C.  ANY  VETERINARIAN WHO 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.
 

S  2. 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.
 

S 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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