2023 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.