§ 117-A — Animal population control program

§ 117-a. Animal population control program. 1. The commissioner shall\nsubmit a request for proposals from not-for-profit entities as described\nherein for the purpose of administering a state animal population\ncontrol program. The entity chosen to administer such program shall\nenter into a contract with the state for a term of five years, which may\nbe renewed subject to the approval of the commissioner. The purpose of\nthis program shall be to reduce the population of unwanted and stray\ndogs and cats thereby reducing incidence of euthanasia and potential\nthreats to public health and safety posed by the large population of\nthese animals. This program shall seek to accomplish its purpose by\nencouraging residents of New York state who are the owners of dogs and\ncats to have them spayed or neutered by providing low-cost spaying and\nneutering services to such owners meeting the criteria enumerated in\nsubdivision three of this section. For purposes of this section,\n"low-cost" shall mean substantially less than the average cost in a\nparticular region of the state for spaying or neutering services,\nincluding any and all ancillary changes for services, including but not\nlimited to, presurgical examinations, tests and immunizations, and other\nservices related to the spay or neuter procedure. All veterinary\nservices provided pursuant to this section must be performed by a\nveterinarian licensed in this state.\n 2. Eligible not-for-profit entities shall consist of duly incorporated\nsocieties for the prevention of cruelty to animals, duly incorporated\nhumane societies, duly incorporated animal protective associations, or\nduly incorporated non-profit corporations that have received designation\nas 501(c)(3) entities by the Internal Revenue Service and which entities\nare operating as animal rescue organizations, animal adoption\norganizations, spay/neuter clinics, or other entities whose core mission\npredominantly includes statewide efforts to manage the companion animal\npopulation in New York state. In awarding the contract, the commissioner\nmust consider the following criteria with respect to each applicant: its\nexperience in providing low-cost spay-neuter services, the scope of\nservices it provides, the length of time it has been operating, its\nfinancial history, its demonstrated ability to work with outside\norganizations and community groups, and the proposed cost of\nadministering and promoting the program. In choosing such entity, the\ncommissioner may establish other criteria for making his or her\nselection in consultation with veterinarians, representatives from\nanimal advocacy and welfare organizations, and municipalities. The\nselection of the administrative entity overseeing the state animal\npopulation control fund must be completed no later than December\nthirty-first, two thousand ten.\n (a) The administrative entity chosen by the commissioner shall review\nplans submitted for approval and funding of low-cost spay-neuter\nprograms and award grants for the animal population control fund for\nimplementation of such plans. In reviewing the plans, the entity shall\nconsider the following criteria: the method of providing low-cost\nspay-neuter services, including an anticipated fee schedule for such\nservices, the size and need of the population served, the plan for\noutreach and promotion of such services, experience in providing\nlow-cost spay-neuter services and cost-effectiveness of the overall\nplan. In awarding grants, the entity shall use best efforts to provide\nstatewide distribution of funding.\n (b) (i) Upon approving a plan submitted pursuant to this section, the\nadministrative entity shall award a grant for the creation and\nimplementation of such plan.\n (ii) Upon approving a plan submitted for approval and funding of all\nother spay-neuter programs, the administrative entity shall award grants\nfor the ongoing administration of low-cost spay-neuter services.\nPayments against such grants shall be advanced quarterly. Any remaining\nfunds at the end of the grant period shall be remitted to the animal\npopulation control fund.\n (iii) Any grants made pursuant to this section may be discontinued if\nit is found by the administrative entity that funds previously disbursed\nwere not used for their intended purpose or that services performed were\nnot provided according to the terms and conditions as the administrative\nentity shall provide.\n (c) An administrative entity selected pursuant to this section shall\nuse proceeds from the animal population control fund to pay for\nreasonable expenses incurred in operating the low-cost spay-neuter\nprogram, but is hereby authorized to solicit funds from other public and\nprivate sources.\n (d) Such administrative entity shall submit an annual report to the\ngovernor, the temporary president of the senate, the speaker of the\nassembly, the minority leader of the senate, the minority leader of the\nassembly, and the commissioner. Such report shall include but not be\nlimited to the balance of the fund, annual expenditures, annual income,\nthe number of entities receiving funding and the amount received by each\nentity, the total number and type of low-cost spay-neuter services\nprovided by each entity, the method of providing such services by each\nentity, the expenditure made for promoting the fund and description of\nmarketing efforts, and recommendations regarding the implementation and\nfinancial viability of the fund.\n (e) The administrative entity shall perform such other tasks as may be\nreasonable and necessary for the administration of such fund.\n (f) If the administrative entity cannot perform its obligations\npursuant to its contract, or if it is determined by the commissioner\nthat it is not performing its obligations in a satisfactory manner, the\ncommissioner may cancel such contract and issue another request for\nproposals from other entities to administer the program.\n 3. In order to be eligible to participate in the animal population\ncontrol program, and therefore, be entitled to the low-cost spay/neuter\nservices provided for herein, an owner of a dog or cat shall be a\nresident of New York state and shall submit proof to the entity\nproviding such services as follows:\n (a) in the form of an adoption agreement that their dog or cat was\nadopted from a pound, shelter maintained by or under contract or\nagreement with the state or any county, city, town, or village, duly\nincorporated society for the prevention of cruelty to animals, duly\nincorporated humane society or duly incorporated dog or cat protective\nassociation; or\n (b) proof of participation in at least one of the following:\n (i) the food stamp program authorized pursuant to 7 U.S.C. 2011, et\nseq.;\n (ii) the supplemental security income for the aged, blind and disabled\nprogram authorized pursuant to 42 U.S.C. 1381 et seq.;\n (iii) the low income housing assistance program authorized pursuant to\n42 U.S.C. 1437(f);\n (iv) the Family Assistance program authorized pursuant to title ten of\narticle five of the social services law;\n (v) the Safety Net Assistance program authorized pursuant to title\nthree of article five of the social services law;\n (vi) the program of Medical Assistance authorized pursuant to title\neleven of article five of the social services law; or\n (vii) other similar programs identified by the administrative entity\nand approved by the commissioner; and\n (c) in any city, town, village, or county which has enacted a local\nlaw or ordinance requiring spay/neuter of all dogs and cats prior to\nadoption from shelters, pounds, duly incorporated societies for the\nprevention of cruelty to animals, humane societies and duly incorporated\ndog or cat protective associations within such city, town, village or\ncounty, eligibility for participation in the animal population control\nprogram shall be determined based solely on the provisions of paragraph\n(b) of this subdivision.\n 4. Notwithstanding the provisions of paragraph (a) of subdivision\nthree of this section, no resident, otherwise qualified pursuant to such\nparagraph, shall be entitled to participate in the low cost spay/neuter\nprogram implemented by this section if the animal to be spayed or\nneutered:\n (a) was imported or caused to be imported from outside the state;\n (b) was adopted from an otherwise qualifying pound, shelter, duly\nincorporated society for the prevention of cruelty to animals, duly\nincorporated humane society or duly incorporated dog or cat protective\nassociation which included the cost of a spaying or neutering procedure\nin the cost of the adoption.\n 5. Any county is hereby authorized to establish and implement an\nanimal population control program within its jurisdiction. Any county\ncreating its own program may submit a plan to the administrative entity\nfor such program for approval and to receive funding from the animal\npopulation control program. Such plan shall include but not be limited\nto the criteria described in paragraph (a) of subdivision two of this\nsection.\n 6. Any county which has created its own program, which has been\napproved by the administrative entity pursuant to this section, may\nreceive the funds collected by the municipalities within the county\npursuant to subdivision three of section one hundred nine of this\narticle and subdivision three of section one hundred ten of this article\nfor the sole purpose of administering such animal population control\nprogram. Such county program shall be subject to this article and the\nterms and conditions of the animal population control program, as may be\namended from time to time.\n 7. Any municipality within a county that does not have its own program\napproved by the administrative entity pursuant to subdivision two of\nthis section must submit the funds collected pursuant to subdivision\nthree of section one hundred ten of this article to the animal\npopulation control fund pursuant to section ninety-seven-xx of the state\nfinance law.\n 8. In the absence of a county animal population control program,\nentities described below within such county may, pursuant to subdivision\ntwo of this section, apply for funds from the animal population control\nfund described in section ninety-seven-xx of the state finance law for\nthe sole purpose of providing low-cost spay and neuter services in their\nservice area. In the event that the service area of an entity\nencompasses two or more counties, such entity may apply and receive\nfunding from the animal population control fund to serve such portion of\ntheir service area that is not covered by an existing county animal\npopulation control program. Such entities shall include pounds, duly\nincorporated societies for the prevention of cruelty to animals, duly\nincorporated humane societies, duly incorporated animal protective\nassociations and duly incorporated nonprofit corporations that have\nreceived designation as a 501(c)(3) organization by the Internal Revenue\nService, which entities are operating as animal rescue or adoption\norganizations. Any such entity must also be in good standing with the\ncharities bureau of the office of the attorney general and with the\nsecretary of state.\n 9. The administrative entity shall establish reporting requirements\nfor any entity awarded funding through the animal population control\nprogram, and any other protocols necessary to ensure appropriate and\neffective use of monies disbursed pursuant to this section.\n