A3431B-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

A3431B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 3431--B
 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, HOOPER, DenDEKKER  --  Multi-Spon
 sored  by  --  M.  of  A.   BRENNAN, CERETTO, CONTE, FINCH, GABRYSZAK,
 GIBSON, GIGLIO, GOTTFRIED, HIKIND, KOLB, LOSQUADRO,  LUPARDO,  MALLIO
 TAKIS,  McDONOUGH,  McENENY,  PERRY,  RAIA, SALADINO, TEDISCO, TENNEY,
 THIELE, TOBACCO -- read once and referred to the Committee on Agricul
 ture -- committee  discharged,  bill  amended,  ordered  reprinted  as
 amended  and  recommitted  to  said  committee  --  recommitted to the
 Committee on Agriculture in accordance with Assembly Rule 3, sec. 2 -
 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00518-07-2
 
       A. 3431--B                          2
 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.
 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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