senate Bill S7290

Relates to community based initiatives for the purpose of trapping, neutering, vaccinating and returning feral cats to the area from which they were trapped

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / May / 2014
    • REFERRED TO AGRICULTURE

Summary

Relates to community based initiatives for the purpose of trapping, neutering, vaccinating and returning feral cats to the area from which they were trapped.

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Bill Details

See Assembly Version of this Bill:
A9487
Versions:
S7290
Legislative Cycle:
2013-2014
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง117-a, Ag & Mkts L

Sponsor Memo

BILL NUMBER:S7290

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to community based initiatives for the purpose of trapping,
neutering, vaccinating and returning feral cats to the area from which
they were trapped

PURPOSE OR GENERAL IDEA OF BILL:

This bill would authorize up to twenty percent of the animal
population control program fund balance to be utilized for grants, to
eligible entities working in coordination with community based
initiatives, for the purpose of trapping, neutering, vaccinating and
returning feral cats to the area from which they were trapped.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 1 of section 117a of the agricultural and
markets law, as amended by section 11 of part T of chapter 59 of the
laws of 2010, by adding a new subdivision 10 which would authorize
twenty percent of the Animal Population Control Program fund balance
annually for grants to eligible entities, in coordination with
community-based initiatives, for the purpose of trapping, neutering,
vaccinating and returning, to the area from which they were trapped,
feral cats as defined by the environmental conservation law.

Section 2 provides that such provisions shall not apply to
community-based initiatives operated in coordination with an eligible
entity as defined in subdivision eight of this section, which allows
entities that do not have a county animal population control program
to apply for funds from the Animal Population Control Program fund for
the sole purpose of providing low-cost spay and neuter services in
their service area.

Section 3 provides the effective date.

JUSTIFICATION:

The New York State Animal Population Control Program serves Upstate
and Long Island, providing grants to local governments and eligible
not-for-profit organizations for low-cost, low-income spay/neuter
initiatives and services directly related to such programs. Operated
by the ASPCA at no cost to the state, the APCP funds viable, effective
and high-impact programs each year to help communities manage homeless
animal populations and serve areas of great need, as well as projects
reaching more remote and less served populations.

Unfortunately, the APCP does not provide sufficient authority to award
grants for the management of "Trap-Neuter-Return" or "TNR" feral cat
programs. As the only proven humane and effective method to manage
feral cat colonies, these systems can have enormous value to a
community. At least 15 other state-sponsored animal population control
programs - including those in Massachusetts, Rhode Island, Connecticut
and Delaware - authorize the use of spay/neuter funds to cover the
costs of viable TNR programs.


Once considered unconventional, TNR is now generally accepted as a
viable and effective population control tool. Successfully practiced
in thousands of communities and in every landscape and setting,
Trap-Neuter-Return programs humanely trap feral cats - which cannot be
socialized to live with humans safely - and take them to a
veterinarian to be neutered, vaccinated, and eartipped. After
recovery, the cats are returned to their colony. Kittens of feral cats
that can be socialized to people may be adopted into homes.

Grounded in science, TNR stops the breeding cycle of feral cats and
therefore improves their lives. Historically, the ineffective and
costly "catch and kill" approach was used to control feral cat
populations, but history has now demonstrated the futility of attempts
to permanently clear an area of cats because of the
scientifically-documented phenomenon known as the "vacuum effect." In
basic terms, whenever cats are removed, new cats move in to take
advantage of the now-available resources (like food and shelter), or
the surviving cats left behind breed to capacity. Under TNR, the
returned cats act as placeholders, preventing intact cats from moving
into the area. The cats being returned via TNR have significantly
reduced nuisance behaviors (spraying, noise from mating and fighting)
and are better community neighbors than the intact cats who would
otherwise fill that space if there were a vacuum. As a result, there
is robust support for TNR both at the grassroots level and within
traditional political structures.

This legislation is consistent with the statutory purpose of this
program, especially since its reinvention as a grants initiative in
2010. The bill would simply authorize a small percentage of funds
available through the APCP each year to be used to support the
collaborative work of humane societies, animal welfare organizations
and animal shelters with community-based TNR initiatives so they may
improve the quality of life for feral cats in a given area, and
improve the character of that community for its residents. This in
turn supports sound public health policy by proactively reducing the
risk of rabies and other zoonotic diseases."

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

Twenty percent of the Animal Population Control Program fund balance
will be allocated for the purposes of awarding grants for the
management of "TrapNeuter-Return" or "TNR" feral cat programs.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7290

                            I N  S E N A T E

                               May 9, 2014
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to communi-
  ty based initiatives for the purpose of trapping, neutering, vaccinat-
  ing and returning feral cats to the area from which they were trapped

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of  section  117-a  of  the  agriculture  and
markets  law,  as  amended  by section 11 of part T of chapter 59 of the
laws of 2010, is amended and a new subdivision 10 is added  to  read  as
follows:
  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 commis-
sioner. The purpose of this program shall be to reduce the population of
unwanted and stray dogs and cats thereby reducing incidence of  euthana-
sia 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 OR, SUBJECT TO  THE  CONDITIONS  ESTABLISHED  PURSUANT  TO
SUBDIVISION  TEN  OF THIS SECTION, COMMUNITY-BASED INITIATIVES OPERATING
IN COORDINATION WITH AN ELIGIBLE NOT-FOR-PROFIT  ENTITY  AS  DEFINED  IN
SUBDIVISION  EIGHT OF THIS SECTION FOR THE PURPOSES OF TRAPPING, NEUTER-
ING, VACCINATING AND RELEASING FERAL CATS AS DEFINED IN SUBPARAGRAPH TWO
OF PARAGRAPH E OF SUBDIVISION SIX OF SECTION  11-0103  OF  THE  ENVIRON-
MENTAL  CONSERVATION  LAW,  to have them spayed or neutered by providing
low-cost spaying and neutering services to such owners  AND  INITIATIVES
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] CHARGES
for services, including but not limited  to,  presurgical  examinations,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14846-01-4

S. 7290                             2

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.
  10. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, THE
ADMINISTRATIVE  ENTITY  SHALL  BE  AUTHORIZED  TO  UTILIZE  UP TO TWENTY
PERCENT OF THE ANIMAL POPULATION CONTROL PROGRAM FUND  BALANCE  ANNUALLY
FOR  GRANTS TO ELIGIBLE ENTITIES AS DEFINED IN SUBDIVISION EIGHT OF THIS
SECTION WORKING IN COORDINATION WITH COMMUNITY BASED INITIATIVES FOR THE
PURPOSES OF TRAPPING, NEUTERING, VACCINATING AND RETURNING, TO THE  AREA
FROM  WHICH THEY WERE TRAPPED, FERAL CATS AS DEFINED IN SUBPARAGRAPH TWO
OF PARAGRAPH E OF SUBDIVISION SIX OF SECTION  11-0103  OF  THE  ENVIRON-
MENTAL CONSERVATION LAW.
  S 2. Subdivision 3 of section 117-a of the agriculture and markets law
is amended by adding a new paragraph (d) to read as follows:
  (D)  SUBJECT TO THE CONDITIONS ESTABLISHED PURSUANT TO SUBDIVISION TEN
OF THIS SECTION, THE PROVISIONS OF THIS SUBDIVISION SHALL NOT  APPLY  TO
COMMUNITY-BASED  INITIATIVES  OPERATED  IN COORDINATION WITH AN ELIGIBLE
ENTITY AS DEFINED IN SUBDIVISION EIGHT OF THIS SECTION FOR  THE  PURPOSE
OF  TRAPPING, NEUTERING, VACCINATING AND RELEASING FERAL CATS AS DEFINED
IN SUBPARAGRAPH TWO OF PARAGRAPH E OF SUBDIVISION SIX OF SECTION 11-0103
OF THE ENVIRONMENTAL CONSERVATION LAW.
  S 3. This act shall take effect immediately.

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