NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1897
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.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.
STATE OF NEW YORK
________________________________________________________________________
1897
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
___________
Introduced by M. of A. ZEBROWSKI, M. G. MILLER, ARROYO, DINOWITZ,
PAULIN, COLTON, RIVERA, ENGLEBRIGHT, GUNTHER, SIMOTAS, GALEF, CUSICK,
BRONSON, L. ROSENTHAL, GLICK, CAHILL, BENEDETTO, DenDEKKER, WEPRIN,
OTIS, ORTIZ, HUNTER -- Multi-Sponsored by -- M. of A. GIGLIO, GOTT-
FRIED, KOLB, LUPARDO, MALLIOTAKIS, McDONOUGH, MOSLEY, PERRY, QUART,
RAIA, SOLAGES, THIELE, WALKER -- read once and referred to the Commit-
tee 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:
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01441-01-9
A. 1897 2
1 b. Any person who performs a devocalization procedure on a dog or cat
2 shall report the number in the aggregate of all such procedures to the
3 commissioner of education annually on or before March thirtieth. The
4 department shall maintain all notices received under this subdivision
5 for four years from the date of receipt.
6 4. As used in this section, "devocalization" means a surgical proce-
7 dure on the larynx or vocal cords of an animal intended to cause the
8 reduction or elimination of vocal sounds produced by that animal and
9 includes procedures commonly referred to as "debarking", "silencing" or
10 "bark softening".
11 5. a. Any person who knowingly performs, or knowingly causes to be
12 performed, the surgical devocalization of a dog or cat in violation of
13 the provisions of this section shall be guilty of a class B misdemeanor
14 punishable by imprisonment for a period of not more than ninety days or
15 by a fine not to exceed five hundred dollars or by both such fine and
16 imprisonment.
17 b. Any veterinarian who knowingly performs a surgical devocalization
18 procedure in violation of the provisions of this section shall be
19 subject to the revocation or suspension of his or her license pursuant
20 to article one hundred thirty of the education law.
21 § 2. Paragraph a of subdivision 8 of section 374 of the agriculture
22 and markets law, as amended by chapter 594 of the laws of 2003 and such
23 subdivision as renumbered by chapter 479 of the laws of 2009, is amended
24 to read as follows:
25 a. In addition to any other penalty provided by law, upon conviction
26 for any violation of section three hundred fifty-one, three hundred
27 fifty-three, three hundred fifty-three-a, three hundred fifty-three-b,
28 three hundred fifty-five, three hundred fifty-six, three hundred fifty-
29 nine, three hundred sixty, three hundred sixty-one, three hundred
30 sixty-five, three hundred sixty-five-a or three hundred sixty-eight of
31 this article, the convicted person may, after a duly held hearing pursu-
32 ant to paragraph f of this subdivision, be ordered by the court to
33 forfeit, to a duly incorporated society for the prevention of cruelty to
34 animals or a duly incorporated humane society or authorized agents ther-
35 eof, the animal or animals which are the basis of the conviction. Upon
36 such an order of forfeiture, the convicted person shall be deemed to
37 have relinquished all rights to the animals which are the basis of the
38 conviction, except those granted in paragraph d of this subdivision.
39 § 3. The commissioner of agriculture and markets and the commissioner
40 of education are authorized and directed to promulgate and implement all
41 rules, regulations and standards they respectively deem necessary to
42 enforce the provisions of this act on or before the effective date of
43 this act.
44 § 4. This act shall take effect on the ninetieth day after it shall
45 have become a law.
