NY Agric & Mkts L § 117-A (2021)
2021 New York Laws AGM - Agriculture and Markets Article 7 - Licensing, Identification and Control of Dogs 117-A - Animal Population Control Program.

§ 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.