N.Y. Agriculture & Markets Law § 117-a: Animal population control program

§ 117-a. Animal population control program. 1. The commissioner shall

submit a request for proposals from not-for-profit entities as described

herein for the purpose of administering a state animal population

control program. The entity chosen to administer such program shall

enter into a contract with the state for a term of five years, which may

be renewed subject to the approval of the commissioner. The purpose of

this program shall be to reduce the population of unwanted and stray

dogs and cats thereby reducing incidence of euthanasia and potential

threats to public health and safety posed by the large population of

these animals. This program shall seek to accomplish its purpose by

encouraging residents of New York state who are the owners of dogs and

cats to have them spayed or neutered by providing low-cost spaying and

neutering services to such owners meeting the criteria enumerated in

subdivision three of this section. For purposes of this section,

"low-cost" shall mean substantially less than the average cost in a

particular region of the state for spaying or neutering services,

including any and all ancillary changes for services, including but not

limited to, presurgical examinations, tests and immunizations, and other

services related to the spay or neuter procedure. All veterinary

services provided pursuant to this section must be performed by a

veterinarian licensed in this state.

2. Eligible not-for-profit entities shall consist of duly incorporated

societies for the prevention of cruelty to animals, duly incorporated

humane societies, duly incorporated animal protective associations, or

duly incorporated non-profit corporations that have received designation

as 501(c)(3) entities by the Internal Revenue Service and which entities

are operating as animal rescue organizations, animal adoption

organizations, spay/neuter clinics, or other entities whose core mission

predominantly includes statewide efforts to manage the companion animal

population in New York state. In awarding the contract, the commissioner

must consider the following criteria with respect to each applicant: its

experience in providing low-cost spay-neuter services, the scope of

services it provides, the length of time it has been operating, its

financial history, its demonstrated ability to work with outside

organizations and community groups, and the proposed cost of

administering and promoting the program. In choosing such entity, the

commissioner may establish other criteria for making his or her

selection in consultation with veterinarians, representatives from

animal advocacy and welfare organizations, and municipalities. The

selection of the administrative entity overseeing the state animal

population control fund must be completed no later than December

thirty-first, two thousand ten.

(a) The administrative entity chosen by the commissioner shall review

plans submitted for approval and funding of low-cost spay-neuter

programs and award grants for the animal population control fund for

implementation of such plans. In reviewing the plans, the entity shall

consider the following criteria: the method of providing low-cost

spay-neuter services, including an anticipated fee schedule for such

services, the size and need of the population served, the plan for

outreach and promotion of such services, experience in providing

low-cost spay-neuter services and cost-effectiveness of the overall

plan. In awarding grants, the entity shall use best efforts to provide

statewide distribution of funding.

(b) (i) Upon approving a plan submitted pursuant to this section, the

administrative entity shall award a grant for the creation and

implementation of such plan.

(ii) Upon approving a plan submitted for approval and funding of all

other spay-neuter programs, the administrative entity shall award grants

for the ongoing administration of low-cost spay-neuter services.

Payments against such grants shall be advanced quarterly. Any remaining

funds at the end of the grant period shall be remitted to the animal

population control fund.

(iii) Any grants made pursuant to this section may be discontinued if

it is found by the administrative entity that funds previously disbursed

were not used for their intended purpose or that services performed were

not provided according to the terms and conditions as the administrative

entity shall provide.

(c) An administrative entity selected pursuant to this section shall

use proceeds from the animal population control fund to pay for

reasonable expenses incurred in operating the low-cost spay-neuter

program, but is hereby authorized to solicit funds from other public and

private sources.

(d) Such administrative entity shall submit an annual report to the

governor, the temporary president of the senate, the speaker of the

assembly, the minority leader of the senate, the minority leader of the

assembly, and the commissioner. Such report shall include but not be

limited to the balance of the fund, annual expenditures, annual income,

the number of entities receiving funding and the amount received by each

entity, the total number and type of low-cost spay-neuter services

provided by each entity, the method of providing such services by each

entity, the expenditure made for promoting the fund and description of

marketing efforts, and recommendations regarding the implementation and

financial viability of the fund.

(e) The administrative entity shall perform such other tasks as may be

reasonable and necessary for the administration of such fund.

(f) If the administrative entity cannot perform its obligations

pursuant to its contract, or if it is determined by the commissioner

that it is not performing its obligations in a satisfactory manner, the

commissioner may cancel such contract and issue another request for

proposals from other entities to administer the program.

3. In order to be eligible to participate in the animal population

control program, and therefore, be entitled to the low-cost spay/neuter

services provided for herein, an owner of a dog or cat shall be a

resident of New York state and shall submit proof to the entity

providing such services as follows:

(a) in the form of an adoption agreement that their dog or cat was

adopted from a pound, shelter maintained by or under contract or

agreement with the state or any county, city, town, or village, duly

incorporated society for the prevention of cruelty to animals, duly

incorporated humane society or duly incorporated dog or cat protective

association; or

(b) proof of participation in at least one of the following:

(i) the food stamp program authorized pursuant to 7 U.S.C. 2011, et

seq.;

(ii) the supplemental security income for the aged, blind and disabled

program authorized pursuant to 42 U.S.C. 1381 et seq.;

(iii) the low income housing assistance program authorized pursuant to

42 U.S.C. 1437(f);

(iv) the Family Assistance program authorized pursuant to title ten of

article five of the social services law;

(v) the Safety Net Assistance program authorized pursuant to title

three of article five of the social services law;

(vi) the program of Medical Assistance authorized pursuant to title

eleven of article five of the social services law; or

(vii) other similar programs identified by the administrative entity

and approved by the commissioner; and

(c) in any city, town, village, or county which has enacted a local

law or ordinance requiring spay/neuter of all dogs and cats prior to

adoption from shelters, pounds, duly incorporated societies for the

prevention of cruelty to animals, humane societies and duly incorporated

dog or cat protective associations within such city, town, village or

county, eligibility for participation in the animal population control

program shall be determined based solely on the provisions of paragraph

(b) of this subdivision.

4. Notwithstanding the provisions of paragraph (a) of subdivision

three of this section, no resident, otherwise qualified pursuant to such

paragraph, shall be entitled to participate in the low cost spay/neuter

program implemented by this section if the animal to be spayed or

neutered:

(a) was imported or caused to be imported from outside the state;

(b) was adopted from an otherwise qualifying pound, shelter, duly

incorporated society for the prevention of cruelty to animals, duly

incorporated humane society or duly incorporated dog or cat protective

association which included the cost of a spaying or neutering procedure

in the cost of the adoption.

5. Any county is hereby authorized to establish and implement an

animal population control program within its jurisdiction. Any county

creating its own program may submit a plan to the administrative entity

for such program for approval and to receive funding from the animal

population control program. Such plan shall include but not be limited

to the criteria described in paragraph (a) of subdivision two of this

section.

6. Any county which has created its own program, which has been

approved by the administrative entity pursuant to this section, may

receive the funds collected by the municipalities within the county

pursuant to subdivision three of section one hundred nine of this

article and subdivision three of section one hundred ten of this article

for the sole purpose of administering such animal population control

program. Such county program shall be subject to this article and the

terms and conditions of the animal population control program, as may be

amended from time to time.

7. Any municipality within a county that does not have its own program

approved by the administrative entity pursuant to subdivision two of

this section must submit the funds collected pursuant to subdivision

three of section one hundred ten of this article to the animal

population control fund pursuant to section ninety-seven-xx of the state

finance law.

8. In the absence of a county animal population control program,

entities described below within such county may, pursuant to subdivision

two of this section, apply for funds from the animal population control

fund described in section ninety-seven-xx of the state finance law for

the sole purpose of providing low-cost spay and neuter services in their

service area. In the event that the service area of an entity

encompasses two or more counties, such entity may apply and receive

funding from the animal population control fund to serve such portion of

their service area that is not covered by an existing county animal

population control program. Such entities shall include pounds, duly

incorporated societies for the prevention of cruelty to animals, duly

incorporated humane societies, duly incorporated animal protective

associations and duly incorporated nonprofit corporations that have

received designation as a 501(c)(3) organization by the Internal Revenue

Service, which entities are operating as animal rescue or adoption

organizations. Any such entity must also be in good standing with the

charities bureau of the office of the attorney general and with the

secretary of state.

9. The administrative entity shall establish reporting requirements

for any entity awarded funding through the animal population control

program, and any other protocols necessary to ensure appropriate and

effective use of monies disbursed pursuant to this section.