Bill Text: NY A06353 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the agriculture and markets law, in relation to the animal population control program
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-06 - referred to agriculture [A06353 Detail]
Download: New_York-2009-A06353-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6353
2009-2010 Regular Sessions
I N A S S E M B L Y
March 2, 2009
___________
Introduced by M. of A. KAVANAGH, RAIA -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
animal population control program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The section heading and subdivisions 1, 3, 4 and 7 of
2 section 117-a of the agriculture and markets law, the section heading
3 and subdivision 3 as added by chapter 473 of the laws of 1995, subdivi-
4 sions 1, 4 and 7 as amended by chapter 205 of the laws of 2000 and para-
5 graph (c) of subdivision 3 as amended by chapter 534 of the laws of
6 2005, are amended to read as follows:
7 Animal population control program; PURPOSE. 1. The department shall
8 establish and implement an animal population control program. The
9 purpose of this program shall be to reduce the population of unwanted
10 and stray dogs and cats thereby reducing potential threats to public
11 health and safety posed by the large population of these animals. This
12 program shall seek to accomplish its purpose by encouraging residents of
13 New York state who are the owners of dogs and cats to have them spayed
14 or neutered by providing low-cost spaying and neutering services to such
15 owners meeting the criteria enumerated in subdivision two of this
16 section. The department shall use its best efforts to encourage every
17 adoption facility that qualifies for participation in the low-cost spay-
18 neuter program to do so to the maximum possible extent AND TO INFORM LOW
19 INCOME PET OWNERS OF THEIR ELIGIBILITY FOR LOW COST SPAY AND NEUTER
20 SERVICES REGARDLESS OF WHERE THEY OBTAINED THEIR PETS AS WELL AS THE
21 PROCEDURES TO APPLY FOR AND OBTAIN SUCH SERVICES.
22 3. Any person submitting a dog or cat for spaying or neutering pursu-
23 ant to the provisions of this section shall:
24 (a) Furnish any licensed veterinarian of this state participating in
25 the program with proof that the owner meets the eligibility criteria
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00480-01-9
A. 6353 2
1 pursuant to the provisions of subdivisions two and two-a of this
2 section;
3 (b) Sign a consent form certifying that the person is the owner of the
4 dog or cat or is authorized by the owner to present the dog or cat for
5 the procedure;
6 (c) (1) Pay a fee of thirty dollars to the veterinarian participating
7 in the program if such dog or cat was adopted from a duly incorporated
8 pound, shelter, duly incorporated society for the prevention of cruelty
9 to animals, humane society or duly incorporated dog or cat protective
10 association, (2) or pay a fee of twenty dollars to the veterinarian
11 participating in the program if such person participates in any of the
12 programs enumerated in paragraph (b) of subdivision two of this
13 section[.]; AND
14 (D) When eligibility to participate in the animal population control
15 program is based upon participation in a program enumerated in paragraph
16 (b) of subdivision two of this section, the department shall issue
17 vouchers to dog and cat owners upon provision of requisite proof
18 required under paragraph (b) of subdivision two of this section and in
19 accordance with any rules and regulations promulgated by the commission-
20 er.
21 4. (a) Any licensed veterinarian of this state including, but not
22 limited to, licensed veterinarians working at municipal facilities which
23 provide dog and cat spaying and neutering services, other than with
24 respect to animals who would not be eligible pursuant to subdivision
25 two-a of this section may participate in the program upon filing with
26 the commissioner an application therefor, on forms prescribed by the
27 commissioner, which application shall certify, in addition to any other
28 information requested by the commissioner, an animal sterilization fee
29 schedule listing the fees charged for spaying and neutering in the
30 normal course of business and for the presurgical immunization of dogs
31 against distemper, hepatitis, leptospirosis, parvovirus and rabies, or
32 if deemed necessary for the presurgical immunization of cats against
33 feline panleukopenia, calici, pneumonitis, rhinotracheitis and rabies,
34 as the case may be on the first day of January two thousand one and the
35 first day of January each third year thereafter and the number of
36 spay/neuter procedures done by such facility during such period. Addi-
37 tionally, such licensed veterinarian shall certify that the fees
38 [charged for procedures and vaccinations for which reimbursement is
39 sought] FILED WITH THE COMMISSIONER are equal to or less than the lowest
40 fees charged to a private client for such procedures during the previous
41 year. The veterinarian shall also provide the name of the veterinarian,
42 animal hospital, veterinary clinic or other entity to which [such]
43 reimbursement is to be made. These fees may vary with the animal's
44 weight, sex and species. The commissioner may, however, disqualify from
45 participation in the program any veterinarian whose fees are deemed
46 unreasonable. THE FEES FOR STERILIZATION AND VACCINATIONS PERFORMED
47 PURSUANT TO THIS SECTION SHALL BE SET TRIENNIALLY BY THE COMMISSIONER
48 BASED UPON THE AVERAGE OF THE FEES SET FORTH ON THE CERTIFIED FEE SCHED-
49 ULES FILED WITH THE COMMISSIONER BY PARTICIPATING VETERINARIANS. Nothing
50 contained in this subdivision shall limit the right of the state educa-
51 tion department to undertake such actions as it may deem necessary to
52 enforce the provisions of article one hundred thirty-five of the educa-
53 tion law.
54 (b) Licensed veterinarians of this state participating in the program
55 shall provide, if deemed necessary, for the presurgical immunization of
56 dogs against distemper, hepatitis, leptospirosis, parvovirus and rabies,
A. 6353 3
1 or if deemed necessary, for the presurgical immunization of cats against
2 feline panleukopenia, calici, pneumonitis, rhinotracheitis and rabies,
3 as the case may be. Charges for such services to the owner or person
4 submitting the dog or cat for spaying or neutering shall be no more than
5 fifty percent of the amount [certified] SET BY THE COMMISSIONER pursuant
6 to paragraph (a) of this subdivision. In addition to other reimbursement
7 to which a licensed veterinarian may be entitled under this section, a
8 veterinarian may seek reimbursement for expenses incurred as a direct
9 result of extraordinary circumstances which occurred during the course
10 of a spay/neuter procedure up to an amount approved by the department
11 which shall not exceed twenty percent of [such veterinarian's] THE fee
12 SET BY THE COMMISSIONER for performing such procedure.
13 (c) The state comptroller upon the submission of vouchers by the
14 commissioner shall, to the extent that monies are available from the
15 animal population control fund, reimburse participating veterinarians
16 for eighty percent of the balance of the fee charged pursuant to para-
17 graph (a) of this subdivision, and after deducting that portion of the
18 fee already paid to the veterinarian by those persons participating in
19 the program pursuant to paragraph (c) of subdivision three of this
20 section, for each animal spaying and neutering procedure administered
21 after the submission to the commissioner of an animal sterilization
22 certificate, prescribed by the commissioner, signed by the veterinarian
23 and the owner of the animal or person authorized by the owner, for each
24 spaying and neutering procedure performed in conjunction with the animal
25 population control program. Notwithstanding the foregoing provisions,
26 the state comptroller shall not reimburse veterinarians for any voucher
27 which shall have been issued by the commissioner more than one year
28 prior to the date upon which it is submitted to the commissioner unless
29 the commissioner shall indicate good cause for the payment of such
30 voucher. If the moneys are not immediately available from such fund, the
31 commissioner shall give priority to approving reimbursement to partic-
32 ipating veterinarians from counties from which the amount of fees depos-
33 ited in such fund, after taking into consideration the administrative
34 expenses to which the department is entitled, exceeds the money paid out
35 to participating veterinarians in such counties. The participating
36 veterinarian shall submit to the commissioner within sixty days of each
37 animal spaying and neutering procedure an animal sterilization certif-
38 icate for the purposes of reimbursement. FOR PURPOSES OF REIMBURSEMENT
39 UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, THE PARTICIPAT-
40 ING VETERINARIAN SHALL, IN ADDITION, SUBMIT PROOF OF ELIGIBILITY AS
41 PROVIDED IN THIS SECTION. Notwithstanding the provisions of this para-
42 graph, the commissioner shall not approve reimbursement to municipal
43 facilities, not-for-profit organizations, pounds, shelters, duly incor-
44 porated societies for the prevention of cruelty to animals, humane soci-
45 eties or dog or cat protective associations except to the extent that
46 they shall have performed spay/neuter procedures in excess of the number
47 of such procedures done by it during nineteen hundred ninety-four.
48 7. The commissioner shall, in consultation with such professional
49 organizations as the commissioner deems appropriate, develop a list of
50 veterinarians approved [by the commissioner] to participate in the low-
51 cost spay/neuter program who provide care, including, but not limited
52 to, spay/neuter procedures, to dogs and cats. Any otherwise qualifying
53 pound, shelter, duly incorporated society for the prevention of cruelty
54 to animals, humane society, or dog or cat protective association shall
55 distribute such list of approved veterinarians to persons adopting a dog
56 or a cat as a precondition to reimbursement under the low-cost
A. 6353 4
1 spay/neuter program established in this section. THE DEPARTMENT SHALL
2 DISTRIBUTE SUCH LIST TO THE STATE AND LOCAL AGENCIES RESPONSIBLE FOR
3 ADMINISTERING PROGRAMS ENUMERATED IN PARAGRAPH (B) OF SUBDIVISION TWO OF
4 THIS SECTION. In addition to such distribution, [such pound, shelter,
5 duly incorporated society] NEITHER THE DEPARTMENT NOR THE PARTICIPATING
6 POUNDS, SHELTERS, DULY INCORPORATED SOCIETIES for the prevention of
7 cruelty to animals, humane [society] SOCIETIES or dog or cat protective
8 [association] ASSOCIATIONS shall [not] discriminate against any veteri-
9 narian on such list or directly or indirectly require, direct or recom-
10 mend the utilization or non-utilization of any such veterinarian for any
11 procedure for which reimbursement is to be sought under this program.
12 Such discrimination may, in the discretion of the commissioner, consti-
13 tute grounds for the revocation of the right of such facility to partic-
14 ipate in the program.
15 S 2. This act shall take effect immediately.
