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This entry was published on 2014-09-22
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SECTION 117-A
Animal population control program
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 7
§ 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.