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A03024 Summary:

BILL NOA03024
 
SAME ASNo Same As
 
SPONSORZebrowski (MS)
 
COSPNSRDinowitz, Paulin, Colton, Rivera, Gunther, Bronson, Rosenthal L, Glick, Benedetto, Weprin, Otis, Hunter
 
MLTSPNSRGiglio JM, Lupardo, McDonough, Thiele, Walker
 
Add §365-a, amd §374, Ag & Mkts L
 
Restricts the performance of surgical devocalization procedures on dogs and cats.
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A03024 Actions:

BILL NOA03024
 
02/02/2023referred to agriculture
03/22/2023enacting clause stricken
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A03024 Committee Votes:

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A03024 Floor Votes:

There are no votes for this bill in this legislative session.
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A03024 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3024
 
SPONSOR: Zebrowski (MS)
  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 a 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. Section two of the bill relates to forfeiture of animals. Section three of the bill authorizes the commissioner of agriculture and markets and the commissioner of education to promulgate rules and regu- lations 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 team 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.   PRIOR LEGISLATIVE HISTORY: A.2012 of 2021-22, A.1897 of 2019-20, A.2126 of 2017-18, A.1679 of 2015-16, A.1204 of 2013-2014, A.3431D of 2011-12, 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.
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A03024 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3024
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  ZEBROWSKI, DINOWITZ, PAULIN, COLTON, RIVERA,
          GUNTHER, BRONSON, L. ROSENTHAL, GLICK, BENEDETTO, WEPRIN, OTIS, HUNTER
          -- Multi-Sponsored by -- M. of A.  J. M. GIGLIO,  LUPARDO,  McDONOUGH,
          THIELE,  WALKER -- read once and referred to the Committee on Agricul-
          ture

        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:
 
     1    Section  1. The agriculture and markets law is amended by adding a new
     2  section 365-a to read as follows:
     3    § 365-a. Devocalization of animals. 1. No  person  shall  perform  the
     4  surgical  devocalization  of  a dog or cat except in accordance with the
     5  provisions of this section.
     6    2. a. Surgical devocalization of a dog or cat shall be performed  only
     7  by  a  person  licensed  as  a  veterinarian  in  this  state  under the
     8  provisions of article one hundred thirty-five of the education law.
     9    b. Surgical devocalization of a dog or cat may be performed only  when
    10  the  procedure  is  medically  necessary  to treat or relieve a physical
    11  illness, disease or injury or correct a congenital abnormality  suffered
    12  by  the  animal,  which  physical illness, disease, injury or congenital
    13  abnormality is causing or may reasonably cause the animal physical  pain
    14  or harm.
    15    3. a. Any person who performs a surgical devocalization procedure on a
    16  dog  or cat shall include information related to the procedure including
    17  the medical necessity in the animal's treatment  record  as  defined  in
    18  section sixty-seven hundred fourteen of the education law.
    19    b.  Any person who performs a devocalization procedure on a dog or cat
    20  shall report the number in the aggregate of all such procedures  to  the
    21  commissioner  of  education  annually  on or before March thirtieth. The
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06928-01-3

        A. 3024                             2
 
     1  department shall maintain all notices received  under  this  subdivision
     2  for four years from the date of receipt.
     3    4.  As  used in this section, "devocalization" means a surgical proce-
     4  dure on the larynx or vocal cords of an animal  intended  to  cause  the
     5  reduction  or  elimination  of  vocal sounds produced by that animal and
     6  includes procedures commonly referred to as "debarking", "silencing"  or
     7  "bark softening".
     8    5.  a.  Any  person  who knowingly performs, or knowingly causes to be
     9  performed, the surgical devocalization of a dog or cat in  violation  of
    10  the  provisions of this section shall be guilty of a class B misdemeanor
    11  punishable by imprisonment for a period of not more than ninety days  or
    12  by  a  fine  not to exceed five hundred dollars or by both such fine and
    13  imprisonment.
    14    b. Any veterinarian who knowingly performs a  surgical  devocalization
    15  procedure  in  violation  of  the  provisions  of  this section shall be
    16  subject to the revocation or suspension of his or her  license  pursuant
    17  to  article one hundred thirty of the education law, as added by chapter
    18  987 of the laws of 1971.
    19    § 2. Paragraph a of subdivision 8 of section 374  of  the  agriculture
    20  and  markets law, as amended by chapter 594 of the laws of 2003 and such
    21  subdivision as renumbered by chapter 479 of the laws of 2009, is amended
    22  to read as follows:
    23    a. In addition to any other penalty provided by law,  upon  conviction
    24  for  any  violation  of  section  three hundred fifty-one, three hundred
    25  fifty-three, three hundred fifty-three-a, three  hundred  fifty-three-b,
    26  three  hundred fifty-five, three hundred fifty-six, three hundred fifty-
    27  nine, three  hundred  sixty,  three  hundred  sixty-one,  three  hundred
    28  sixty-five,  three  hundred sixty-five-a or three hundred sixty-eight of
    29  this article, the convicted person may, after a duly held hearing pursu-
    30  ant to paragraph f of this subdivision,  be  ordered  by  the  court  to
    31  forfeit, to a duly incorporated society for the prevention of cruelty to
    32  animals or a duly incorporated humane society or authorized agents ther-
    33  eof,  the  animal or animals which are the basis of the conviction. Upon
    34  such an order of forfeiture, the convicted person  shall  be  deemed  to
    35  have  relinquished  all rights to the animals which are the basis of the
    36  conviction, except those granted in paragraph d of this subdivision.
    37    § 3. This act shall take effect on the ninetieth day  after  it  shall
    38  have  become  a  law.    Effective  immediately, the addition, amendment
    39  and/or repeal of any rule or regulation necessary for the implementation
    40  of this act on  its  effective  date  are  authorized  to  be  made  and
    41  completed on or before such effective date.
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