Assembly Bill A2778

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

                                  2778

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A. McDONALD, CLARK, STECK, TITONE, BROOK-KRASNY,
  GOTTFRIED, FAHY, CUSICK, BRINDISI, GUNTHER, SCHIMEL,  WEPRIN,  SKOUFIS
  --  Multi-Sponsored  by  --  M. of A.   ARROYO, CAMARA, FINCH, GIGLIO,
  GLICK, LUPARDO, MALLIOTAKIS, McLAUGHLIN, RAIA, TEDISCO  --  read  once
  and referred 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02582-01-5
              

A. 2778                             2

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,
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.