A3431A-2011 Actions

• Jun 13, 2012: REFERRED TO RULES
• Jun 13, 2012: delivered to senate
• Jun 13, 2012: passed assembly
• Jun 11, 2012: ordered to third reading rules cal.80
• Jun 11, 2012: rules report cal.80
• Jun 11, 2012: reported
• Jun 5, 2012: reported referred to rules
• May 31, 2012: print number 3431d
• May 31, 2012: amend and recommit to codes
• May 30, 2012: print number 3431c
• May 30, 2012: amend and recommit to codes
• Apr 26, 2012: reported referred to codes
• Mar 9, 2012: print number 3431b
• Mar 9, 2012: amend and recommit to agriculture
• Jan 4, 2012: referred to agriculture
• May 25, 2011: print number 3431a
• May 25, 2011: amend and recommit to agriculture
• Jan 25, 2011: referred to agriculture

A3431A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 3431--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 25, 2011
 
 Introduced  by  M. of A. ZEBROWSKI, MILLMAN, M. MILLER, ARROYO, SWEENEY,
 DINOWITZ, TITONE, PAULIN, COLTON, N. RIVERA,  P. RIVERA,  SCARBOROUGH,
 ENGLEBRIGHT,   CALHOUN,   MAISEL,  GUNTHER,  SIMOTAS,  LAVINE,  GALEF,
 BOYLAND, CUSICK, BRONSON, MOYA, WEISENBERG, ROSENTHAL, GLICK, KELLNER,
 CAMARA, CAHILL, BENEDETTO, ROBERTS -- Multi-Sponsored by -- M.  of  A.
 BRENNAN,  CERETTO, CONTE, FINCH, GABRYSZAK, GIBSON, GIGLIO, GOTTFRIED,
 HIKIND, MALLIOTAKIS, McDONOUGH, PERRY, SALADINO,  THIELE,  TOBACCO  -
 read  once  and  referred to the Committee on Agriculture -- 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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00518-03-1
 
       A. 3431--A                          2
 3. A. ANY PERSON WHO PERFORMS A SURGICAL DEVOCALIZATION PROCEDURE ON A
 DOG  OR  CAT  SHALL  PREPARE  A  RECORD  OF THE PROCEDURE CONTAINING THE
 FOLLOWING INFORMATION:

 (1) THE NAME AND ADDRESS OF THE ANIMAL'S OWNER;
 (2)  THE  NAME AND ADDRESS OF THE PERSON FROM WHOM PAYMENT IS RECEIVED
 FOR THE PROCEDURE;
 (3) A DESCRIPTION OF THE ANIMAL, INCLUDING ITS NAME,  SPECIES,  BREED,
 DATE OF BIRTH, SEX, COLOR, MARKINGS AND CURRENT WEIGHT;
 (4)  THE  LICENSE  NUMBER AND MUNICIPALITY THAT ISSUED THE LICENSE FOR
 THE ANIMAL;
 (5) THE DATE AND TIME OF THE PROCEDURE;
 (6) THE REASON THE PROCEDURE WAS PERFORMED; AND
 (7) ANY DIAGNOSTIC OPINION, ANALYSIS OR TEST RESULTS  TO  SUPPORT  THE
 DIAGNOSIS.
 B.  AFTER  PERFORMING  A SURGICAL DEVOCALIZATION PROCEDURE ON A DOG OR
 CAT, THE PERSON PERFORMING THE PROCEDURE SHALL FILE WITH  THE  CLERK  OF
 THE  MUNICIPALITY  IN WHICH THE SURGERY IS TO BE PERFORMED A COPY OF THE
 RECORD SPECIFIED IN PARAGRAPH A OF THIS  SUBDIVISION,  TOGETHER  WITH  A
 WRITTEN STATEMENT DECLARING THAT 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 REASONABLE
 CAUSE THE ANIMAL PHYSICAL PAIN OR HARM.
 C. THE RECORD REQUIRED BY PARAGRAPH A OF  THIS  SUBDIVISION  SHALL  BE
 RETAINED  BY  THE  PERSON  PERFORMING THE PROCEDURE FOR A PERIOD OF FOUR
 YEARS AFTER THE LAST CONTACT WITH THE ANIMAL ON WHICH THE PROCEDURE  WAS
 PERFORMED. ALL SUCH RECORDS SHALL BE SUBJECT TO AUDIT BY THE STATE BOARD
 FOR VETERINARY MEDICINE.
 D.  ANY PERSON WHO PERFORMS A DEVOCALIZATION PROCEDURE ON A DOG OR CAT
 SHALL REPORT THE NUMBER OF ALL SUCH PROCEDURES TO THE  STATE  BOARD  FOR
 VETERINARY  MEDICINE  ANNUALLY  ON  OR BEFORE MARCH THIRTIETH. THE BOARD
 SHALL MAINTAIN ALL NOTICES RECEIVED  UNDER  THIS  SUBDIVISION  FOR  FOUR
 YEARS FROM THE DATE OF RECEIPT.
 E.  ANY  PERSON  WHO PERFORMS A SURGICAL DEVOCALIZATION PROCEDURE ON A
 DOG OR CAT SHALL PREPARE AND PROVIDE TO THE  ANIMAL'S  OWNER  A  WRITTEN
 NOTICE  THAT  SUCH PROCEDURE HAS BEEN CONDUCTED ON THE ANIMAL IN ACCORD
 ANCE WITH THE PROVISIONS OF THIS SECTION AND CONTAINING THE  INFORMATION
 SPECIFIED  IN  SUBPARAGRAPHS  ONE, THREE, FIVE AND SIX OF PARAGRAPH A OF
 THIS SUBDIVISION.
 4. NO COMMERCIAL ESTABLISHMENT, PET SHOP, FIRM, CORPORATION OR  PERSON
 SHALL  KNOWINGLY SELL A DOG OR CAT THAT HAS BEEN SURGICALLY DEVOCALIZED,
 UNLESS A COPY OF THE WRITTEN NOTICE DESCRIBED IN PARAGRAPH E OF SUBDIVI
 SION THREE OF THIS SECTION IS  PROVIDED  TO  ANY  PROSPECTIVE  PURCHASER
 BEFORE  THE  PURCHASER ENTERS INTO AN AGREEMENT TO PURCHASE SAID ANIMAL.
 IN ADDITION TO THE PENALTIES SET FORTH IN THIS  SECTION,  A  FAILURE  TO
 PROVIDE  SUCH  NOTICE SHALL RENDER ANY PURCHASE AGREEMENT VOIDABLE AND A
 VIOLATION OF THIS PARAGRAPH SHALL CONSTITUTE AN UNFAIR OR DECEPTIVE  ACT
 OR  PRACTICE  IN  THE CONDUCT OF A TRADE OR COMMERCE UNDER SECTION THREE
 HUNDRED FORTY-NINE OF THE GENERAL BUSINESS LAW.  THE PROVISIONS OF  THIS
 PARAGRAPH  SHALL  NOT  APPLY  TO  DULY  INCORPORATED  HUMANE  SOCIETIES,
 NON-PROFIT ANIMAL WELFARE ORGANIZATIONS, DULY INCORPORATED SOCIETIES FOR
 THE PREVENTION OF CRUELTY TO ANIMALS,  DOG  OR  CAT  PROTECTIVE  ASSOCI
 ATIONS, DOG CONTROL OFFICERS, POUNDS OR SHELTERS.
 5.  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
 
       A. 3431--A                          3
 INCLUDES PROCEDURES COMMONLY REFERRED TO AS "DEBARKING", "SILENCING"  OR
 "BARK SOFTENING".
 6.  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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