[ SHOWGSD-L ] NY<> Debarking Bill BAN Introduced

From: Stormy Hope <Stormy435@xxxxxxx>
To: Show List GSD <showgsd-l@xxxxxxxxxxxxx>
Date: Tue, 10 Aug 2010 07:55:50 -0700
Anybody live in NY State?
Stormy
~~~~~~~~~~~~~~~~~~~
Please cross post to other appropriate lists. We need to get the
word out ASAP or NY will follow Massachusetts in passing a law that
outlaws debarking.

AUTHOR: Agriculture
VERSION: Introduced
VERSION DATE: 08/04/2010

IN ASSEMBLY

August 4, 2010

Introduced by COMMITTEE ON RULES -- (at request of M. of A.
Zebrowski) -- read once and referred to the Committee 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
ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The agriculture and markets law is amended by adding a
new section 365-a to read as follows:

Section 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 AN
ILLNESS, DISEASE OR INJURY OR CORRECT A CONGENITAL ABNORMALITY SUFFERED
BY THE ANIMAL, WHICH ILLNESS, DISEASE, INJURY OR CONGENITAL ABNORMALITY
IS CAUSING OR MAY CAUSE THE ANIMAL PHYSICAL PAIN OR HARM.

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. PRIOR TO 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
PROTECT THE HEALTH OR WELLBEING OF THE DOG OR CAT.

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
ACCORDANCE 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 SELL A DOG OR CAT THAT HAS BEEN SURGICALLY DEVOCALIZED,
UNLESS A COPY OF THE WRITTEN NOTICE DESCRIBED IN PARAGRAPH E OF
SUBDIVISION 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 VOID
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.

5. AS USED IN THIS SECTION, "DEVOCALIZATION" MEANS A SURGICAL
PROCEDURE 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 OR SILENCING.

6. A. ANY PERSON WHO PERFORMS, OR 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
RELATIVE 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
SURRENDER 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.

Section 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.

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

Copyright 2010 State Net. All Rights Reserved.


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[ SHOWGSD-L ] NY<> Debarking Bill BAN Introduced

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