S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2778
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced  by  M.  of  A. McDONALD, CLARK, STECK, TITONE, BROOK-KRASNY,
         GOTTFRIED, FAHY, CUSICK, BRINDISI, GUNTHER, SCHIMEL,  WEPRIN,  SKOUFIS
         --  Multi-Sponsored  by  --  M. of A.   ARROYO, CAMARA, FINCH, GIGLIO,
         GLICK, LUPARDO, MALLIOTAKIS, McLAUGHLIN, RAIA, TEDISCO  --  read  once
         and referred to the Committee on Agriculture
       AN ACT to amend the agriculture and markets law, in relation to communi-
         ty based initiatives for the purpose of trapping, neutering, vaccinat-
         ing and returning feral cats to the area from which they were trapped
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of  section  117-a  of  the  agriculture  and
    2  markets  law,  as  amended  by section 11 of part T of chapter 59 of the
    3  laws of 2010, is amended and a new subdivision 10 is added  to  read  as
    4  follows:
    5    1. The commissioner shall submit a request for proposals from not-for-
    6  profit  entities  as described herein for the purpose of administering a
    7  state animal population control program. The entity chosen to administer
    8  such program shall enter into a contract with the state for  a  term  of
    9  five  years, which may be renewed subject to the approval of the commis-
   10  sioner. The purpose of this program shall be to reduce the population of
   11  unwanted and stray dogs and cats thereby reducing incidence of  euthana-
   12  sia and potential threats to public health and safety posed by the large
   13  population  of  these animals. This program shall seek to accomplish its
   14  purpose by encouraging residents of New York state who are the owners of
   15  dogs and cats OR, SUBJECT TO  THE  CONDITIONS  ESTABLISHED  PURSUANT  TO
   16  SUBDIVISION  TEN  OF THIS SECTION, COMMUNITY-BASED INITIATIVES OPERATING
   17  IN COORDINATION WITH AN ELIGIBLE NOT-FOR-PROFIT  ENTITY  AS  DEFINED  IN
   18  SUBDIVISION  EIGHT OF THIS SECTION FOR THE PURPOSES OF TRAPPING, NEUTER-
   19  ING, VACCINATING AND RELEASING FERAL CATS AS DEFINED IN SUBPARAGRAPH TWO
   20  OF PARAGRAPH E OF SUBDIVISION SIX OF SECTION  11-0103  OF  THE  ENVIRON-
   21  MENTAL  CONSERVATION  LAW,  to have them spayed or neutered by providing
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02582-01-5
       A. 2778                             2
    1  low-cost spaying and neutering services to such owners  AND  INITIATIVES
    2  meeting  the  criteria  enumerated in subdivision three of this section.
    3  For purposes of this section, "low-cost" shall mean  substantially  less
    4  than the average cost in a particular region of the state for spaying or
    5  neutering  services,  including  any and all ancillary [changes] CHARGES
    6  for services, including but not limited  to,  presurgical  examinations,
    7  tests  and  immunizations,  and  other  services  related to the spay or
    8  neuter procedure. All veterinary  services  provided  pursuant  to  this
    9  section must be performed by a veterinarian licensed in this state.
   10    10. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, THE
   11  ADMINISTRATIVE  ENTITY  SHALL  BE  AUTHORIZED  TO  UTILIZE  UP TO TWENTY
   12  PERCENT OF THE ANIMAL POPULATION CONTROL PROGRAM FUND  BALANCE  ANNUALLY
   13  FOR  GRANTS TO ELIGIBLE ENTITIES AS DEFINED IN SUBDIVISION EIGHT OF THIS
   14  SECTION WORKING IN COORDINATION WITH COMMUNITY BASED INITIATIVES FOR THE
   15  PURPOSES OF TRAPPING, NEUTERING, VACCINATING AND RETURNING, TO THE  AREA
   16  FROM  WHICH THEY WERE TRAPPED, FERAL CATS AS DEFINED IN SUBPARAGRAPH TWO
   17  OF PARAGRAPH E OF SUBDIVISION SIX OF SECTION  11-0103  OF  THE  ENVIRON-
   18  MENTAL CONSERVATION LAW.
   19    S 2. Subdivision 3 of section 117-a of the agriculture and markets law
   20  is amended by adding a new paragraph (d) to read as follows:
   21    (D)  SUBJECT TO THE CONDITIONS ESTABLISHED PURSUANT TO SUBDIVISION TEN
   22  OF THIS SECTION, THE PROVISIONS OF THIS SUBDIVISION SHALL NOT  APPLY  TO
   23  COMMUNITY-BASED  INITIATIVES  OPERATED  IN COORDINATION WITH AN ELIGIBLE
   24  ENTITY AS DEFINED IN SUBDIVISION EIGHT OF THIS SECTION FOR  THE  PURPOSE
   25  OF  TRAPPING, NEUTERING, VACCINATING AND RELEASING FERAL CATS AS DEFINED
   26  IN SUBPARAGRAPH TWO OF PARAGRAPH E OF SUBDIVISION SIX OF SECTION 11-0103
   27  OF THE ENVIRONMENTAL CONSERVATION LAW.
   28    S 3. This act shall take effect immediately.