BILL NUMBER: S3026
SPONSOR: GIANARIS
 
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 amends the agriculture and markets law by adding
a new 365-a restricting the practice of devocalizing a dog or cat.
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.
Section four of the bill sets the effective date.
 
JUSTIFICATION:
Dogs and cats vocalize for a number of reasons. They use their voices to
communicate to other animals and humans feelings of happiness, fear,
playfulness, boredom, pain, or aggression. Vocalizing is also used to
greet or warn others, or to gain attention. A person does an animal
great physical and psychological harm when electing to have them devo-
calized, which can result in problematic animal behaviors. Instead,
there are therapies and other proven techniques which can help to manage
this behavior without surgical intervention.
Devocalization, also known as ventriculocordectomy, debarking, devoic-
ing, or bark softening, is a surgical procedure which resects or removes
tissues in the vocal cords of an animal. This is done to either muffle
or eliminate the bark of a dog or meow of a cat. There are two
approaches to the procedure; one which seeks to alter the vocal cords
through the oral cavity, and another that does so directly onto the
larynx. Each procedure imposes postoperative pain and potential compli-
cations and can cause future respiratory issues in the animal. Often-
times, the procedures result in only altering the voice or pitch of an
animal's voice, instead of softening or eliminating it altogether. The
animal may even resume a near-normal voice within several months of the
procedure. Although devocalization has been used to stop the excessive
vocalization of dogs and cats, the underlying issues that cause this
behavior remain.
Devocalization has been restricted to medically necessary circumstances
by statute in Massachusetts and New Jersey and has been similarly
outlawed in many other countries including the United Kingdom, Greece,
and Sweden.
 
PRIOR LEGISLATIVE HISTORY:
2024: S9847 (Gianaris) PASSED SENATE / A3569-A (Zebrowski) reported,
died in rules
2023: S142 (Gianaris) PASSED SENATE / A3569 (Zebrowski) died in agricul-
ture
2022: S9445 (Gianaris) PASSED SENATE / A10548 (Zebrowski) died in agri-
culture
2021: S1125 (Gianaris) died in Rules / A2012 (Zebrowski) died in agri-
culture
2019-20: S6904 (Gianaris) died in Domestic Animal Welfare / A1897
(Zebrowski) died in agriculture
2017-18: S1389 (Avella) died in Agriculture / A2126 (Zebrowski) died in
agriculture
2016: S4647 (Avella) died in Agriculture / A1679 (Zebrowski) PASSED
ASSEMBLY
2015: S4647 (Avella) died in Agriculture / A1679 (Zebrowski) PASSED
ASSEMBLY
2014: S2271 (Grisanti) died in Agriculture / A1204 (Zebrowski) PASSED
ASSEMBLY
2013: S2271 (Grisanti) died in Agriculture / P0204 (Zebrowski) PASSED
ASSEMBLY
2012: S6167-C (Zeldin) died in Agriculture / A3431-D (Zebrowski) PASSED
ASSEMBLY
2011: A3431 (Zebrowski) died in agriculture
2010: A11684 (Zebrowski) died in agriculture
 
FISCAL IMPLICATIONS FOR STATE:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become a
law.