S T A T E O F N E W Y O R K
________________________________________________________________________
6353
2009-2010 Regular Sessions
I N A S S E M B L Y
March 2, 2009
___________
Introduced by M. of A. KAVANAGH, RAIA -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
animal population control program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading and subdivisions 1, 3, 4 and 7 of
section 117-a of the agriculture and markets law, the section heading
and subdivision 3 as added by chapter 473 of the laws of 1995, subdivi-
sions 1, 4 and 7 as amended by chapter 205 of the laws of 2000 and para-
graph (c) of subdivision 3 as amended by chapter 534 of the laws of
2005, are amended to read as follows:
Animal population control program; PURPOSE. 1. The department shall
establish and implement an animal population control program. The
purpose of this program shall be to reduce the population of unwanted
and stray dogs and cats thereby reducing 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 two of this
section. The department shall use its best efforts to encourage every
adoption facility that qualifies for participation in the low-cost spay-
neuter program to do so to the maximum possible extent AND TO INFORM LOW
INCOME PET OWNERS OF THEIR ELIGIBILITY FOR LOW COST SPAY AND NEUTER
SERVICES REGARDLESS OF WHERE THEY OBTAINED THEIR PETS AS WELL AS THE
PROCEDURES TO APPLY FOR AND OBTAIN SUCH SERVICES.
3. Any person submitting a dog or cat for spaying or neutering pursu-
ant to the provisions of this section shall:
(a) Furnish any licensed veterinarian of this state participating in
the program with proof that the owner meets the eligibility criteria
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00480-01-9
A. 6353 2
pursuant to the provisions of subdivisions two and two-a of this
section;
(b) Sign a consent form certifying that the person is the owner of the
dog or cat or is authorized by the owner to present the dog or cat for
the procedure;
(c) (1) Pay a fee of thirty dollars to the veterinarian participating
in the program if such dog or cat was adopted from a duly incorporated
pound, shelter, duly incorporated society for the prevention of cruelty
to animals, humane society or duly incorporated dog or cat protective
association, (2) or pay a fee of twenty dollars to the veterinarian
participating in the program if such person participates in any of the
programs enumerated in paragraph (b) of subdivision two of this
section[.]; AND
(D) When eligibility to participate in the animal population control
program is based upon participation in a program enumerated in paragraph
(b) of subdivision two of this section, the department shall issue
vouchers to dog and cat owners upon provision of requisite proof
required under paragraph (b) of subdivision two of this section and in
accordance with any rules and regulations promulgated by the commission-
er.
4. (a) Any licensed veterinarian of this state including, but not
limited to, licensed veterinarians working at municipal facilities which
provide dog and cat spaying and neutering services, other than with
respect to animals who would not be eligible pursuant to subdivision
two-a of this section may participate in the program upon filing with
the commissioner an application therefor, on forms prescribed by the
commissioner, which application shall certify, in addition to any other
information requested by the commissioner, an animal sterilization fee
schedule listing the fees charged for spaying and neutering in the
normal course of business and for the presurgical immunization of dogs
against distemper, hepatitis, leptospirosis, parvovirus and rabies, or
if deemed necessary for the presurgical immunization of cats against
feline panleukopenia, calici, pneumonitis, rhinotracheitis and rabies,
as the case may be on the first day of January two thousand one and the
first day of January each third year thereafter and the number of
spay/neuter procedures done by such facility during such period. Addi-
tionally, such licensed veterinarian shall certify that the fees
[charged for procedures and vaccinations for which reimbursement is
sought] FILED WITH THE COMMISSIONER are equal to or less than the lowest
fees charged to a private client for such procedures during the previous
year. The veterinarian shall also provide the name of the veterinarian,
animal hospital, veterinary clinic or other entity to which [such]
reimbursement is to be made. These fees may vary with the animal's
weight, sex and species. The commissioner may, however, disqualify from
participation in the program any veterinarian whose fees are deemed
unreasonable. THE FEES FOR STERILIZATION AND VACCINATIONS PERFORMED
PURSUANT TO THIS SECTION SHALL BE SET TRIENNIALLY BY THE COMMISSIONER
BASED UPON THE AVERAGE OF THE FEES SET FORTH ON THE CERTIFIED FEE SCHED-
ULES FILED WITH THE COMMISSIONER BY PARTICIPATING VETERINARIANS. Nothing
contained in this subdivision shall limit the right of the state educa-
tion department to undertake such actions as it may deem necessary to
enforce the provisions of article one hundred thirty-five of the educa-
tion law.
(b) Licensed veterinarians of this state participating in the program
shall provide, if deemed necessary, for the presurgical immunization of
dogs against distemper, hepatitis, leptospirosis, parvovirus and rabies,
A. 6353 3
or if deemed necessary, for the presurgical immunization of cats against
feline panleukopenia, calici, pneumonitis, rhinotracheitis and rabies,
as the case may be. Charges for such services to the owner or person
submitting the dog or cat for spaying or neutering shall be no more than
fifty percent of the amount [certified] SET BY THE COMMISSIONER pursuant
to paragraph (a) of this subdivision. In addition to other reimbursement
to which a licensed veterinarian may be entitled under this section, a
veterinarian may seek reimbursement for expenses incurred as a direct
result of extraordinary circumstances which occurred during the course
of a spay/neuter procedure up to an amount approved by the department
which shall not exceed twenty percent of [such veterinarian's] THE fee
SET BY THE COMMISSIONER for performing such procedure.
(c) The state comptroller upon the submission of vouchers by the
commissioner shall, to the extent that monies are available from the
animal population control fund, reimburse participating veterinarians
for eighty percent of the balance of the fee charged pursuant to para-
graph (a) of this subdivision, and after deducting that portion of the
fee already paid to the veterinarian by those persons participating in
the program pursuant to paragraph (c) of subdivision three of this
section, for each animal spaying and neutering procedure administered
after the submission to the commissioner of an animal sterilization
certificate, prescribed by the commissioner, signed by the veterinarian
and the owner of the animal or person authorized by the owner, for each
spaying and neutering procedure performed in conjunction with the animal
population control program. Notwithstanding the foregoing provisions,
the state comptroller shall not reimburse veterinarians for any voucher
which shall have been issued by the commissioner more than one year
prior to the date upon which it is submitted to the commissioner unless
the commissioner shall indicate good cause for the payment of such
voucher. If the moneys are not immediately available from such fund, the
commissioner shall give priority to approving reimbursement to partic-
ipating veterinarians from counties from which the amount of fees depos-
ited in such fund, after taking into consideration the administrative
expenses to which the department is entitled, exceeds the money paid out
to participating veterinarians in such counties. The participating
veterinarian shall submit to the commissioner within sixty days of each
animal spaying and neutering procedure an animal sterilization certif-
icate for the purposes of reimbursement. FOR PURPOSES OF REIMBURSEMENT
UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, THE PARTICIPAT-
ING VETERINARIAN SHALL, IN ADDITION, SUBMIT PROOF OF ELIGIBILITY AS
PROVIDED IN THIS SECTION. Notwithstanding the provisions of this para-
graph, the commissioner shall not approve reimbursement to municipal
facilities, not-for-profit organizations, pounds, shelters, duly incor-
porated societies for the prevention of cruelty to animals, humane soci-
eties or dog or cat protective associations except to the extent that
they shall have performed spay/neuter procedures in excess of the number
of such procedures done by it during nineteen hundred ninety-four.
7. The commissioner shall, in consultation with such professional
organizations as the commissioner deems appropriate, develop a list of
veterinarians approved [by the commissioner] to participate in the low-
cost spay/neuter program who provide care, including, but not limited
to, spay/neuter procedures, to dogs and cats. Any otherwise qualifying
pound, shelter, duly incorporated society for the prevention of cruelty
to animals, humane society, or dog or cat protective association shall
distribute such list of approved veterinarians to persons adopting a dog
or a cat as a precondition to reimbursement under the low-cost
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spay/neuter program established in this section. THE DEPARTMENT SHALL
DISTRIBUTE SUCH LIST TO THE STATE AND LOCAL AGENCIES RESPONSIBLE FOR
ADMINISTERING PROGRAMS ENUMERATED IN PARAGRAPH (B) OF SUBDIVISION TWO OF
THIS SECTION. In addition to such distribution, [such pound, shelter,
duly incorporated society] NEITHER THE DEPARTMENT NOR THE PARTICIPATING
POUNDS, SHELTERS, DULY INCORPORATED SOCIETIES for the prevention of
cruelty to animals, humane [society] SOCIETIES or dog or cat protective
[association] ASSOCIATIONS shall [not] discriminate against any veteri-
narian on such list or directly or indirectly require, direct or recom-
mend the utilization or non-utilization of any such veterinarian for any
procedure for which reimbursement is to be sought under this program.
Such discrimination may, in the discretion of the commissioner, consti-
tute grounds for the revocation of the right of such facility to partic-
ipate in the program.
S 2. This act shall take effect immediately.