* § 117-a. Animal population control program. 1. The department shall establish and implement an animal population control program. The purpose of this program shall be to reduce the population of unwanted and stray dogs and cats thereby reducing 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 two of this section. The department shall use its best efforts to encourage every adoption facility that qualifies for participation in the low-cost spay-neuter program to do so to the maximum possible extent. 2. 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 a veterinarian participating in the program as follows: (a) in the form of an adoption agreement that their dog or cat was adopted from a pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society or 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) the food assistance program authorized pursuant to subdivision ten of section ninety-five of the social services law; 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. 2-a. Notwithstanding the provisions of paragraph (a) of subdivision two 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, humane society or dog or cat protective association which included the cost of a spaying or neutering procedure in the cost of the adoption; (c) was spayed or neutered by an otherwise eligible veterinarian who is employed by otherwise qualifying pounds, shelters, duly incorporated societies for the prevention of cruelty to animals, humane societies or dog or cat protective associations except to the extent that they shallhave performed spay/neuter procedures in excess of the number of such procedures done upon animals adopted from such facility during nineteen hundred ninety-four; or (d) was adopted from any facility that as a condition of adoption, required or encouraged the utilization of a specific veterinarian or veterinary facility to perform such spay or neuter procedure. The establishment of such conditions by a facility shall constitute grounds for the disqualification of such facility to participate in the program. Nothing contained in this section shall be construed as precluding a facility from informing a person adopting an animal of the identity of those participating veterinarians in the vicinity of such facility in addition to providing them with the voucher provided under this section and any accompanying materials. 3. Any person submitting a dog or cat for spaying or neutering pursuant to the provisions of this section shall: (a) Furnish any licensed veterinarian of this state participating in the program with proof that the owner meets the eligibility criteria pursuant to the provisions of subdivisions two and two-a of this section; (b) Sign a consent form certifying that the person is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the procedure; (c) Pay a fee of thirty dollars to the veterinarian participating in the program if such dog or cat was adopted from a duly incorporated pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society or duly incorporated dog or cat protective association, or pay a fee of twenty dollars to the veterinarian participating in the program if such person participates in any of the programs enumerated in paragraph (b) of subdivision two of this section. When eligibility to participate in the animal population control program is based upon participation in a program enumerated in paragraph (b) of subdivision two of this section, the department shall issue vouchers to dog and cat owners upon provision of requisite proof required under paragraph (b) of subdivision two of this section and in accordance with any rules and regulations promulgated by the commissioner. 4. (a) Any licensed veterinarian of this state including, but not limited to, licensed veterinarians working at municipal facilities which provide dog and cat spaying and neutering services, other than with respect to animals who would not be eligible pursuant to subdivision two-a of this section may participate in the program upon filing with the commissioner an application therefor, on forms prescribed by the commissioner, which application shall certify, in addition to any other information requested by the commissioner, an animal sterilization fee schedule listing the fees charged for spaying and neutering in the normal course of business and for the presurgical immunization of dogs against distemper, hepatitis, leptospirosis, parvovirus and rabies, or if deemed necessary for the presurgical immunization of cats against feline panleukopenia, calici, pneumonitis, rhinotracheitis and rabies, as the case may be on the first day of January two thousand one and the first day of January each third year thereafter and the number of spay/neuter procedures done by such facility during such period. Additionally, such licensed veterinarian shall certify that the fees charged for procedures and vaccinations for which reimbursement is sought are equal to or less than the lowest fees charged to a private client for such procedures during the previous year. The veterinarian shall also provide the name of the veterinarian, animal hospital, veterinary clinic or other entity to which such reimbursement is to be made. These fees may vary with the animal's weight, sex and species. Thecommissioner may, however, disqualify from participation in the program any veterinarian whose fees are deemed unreasonable. Nothing contained in this subdivision shall limit the right of the state education department to undertake such actions as it may deem necessary to enforce the provisions of article one hundred thirty-five of the education law. (b) Licensed veterinarians of this state participating in the program shall provide, if deemed necessary, for the presurgical immunization of dogs against distemper, hepatitis, leptospirosis, parvovirus and rabies, or if deemed necessary, for the presurgical immunization of cats against feline panleukopenia, calici, pneumonitis, rhinotracheitis and rabies, as the case may be. Charges for such services to the owner or person submitting the dog or cat for spaying or neutering shall be no more than fifty percent of the amount certified pursuant to paragraph (a) of this subdivision. In addition to other reimbursement to which a licensed veterinarian may be entitled under this section, a veterinarian may seek reimbursement for expenses incurred as a direct result of extraordinary circumstances which occurred during the course of a spay/neuter procedure up to an amount approved by the department which shall not exceed twenty percent of such veterinarian's fee for performing such procedure. (c) The state comptroller upon the submission of vouchers by the commissioner shall, to the extent that monies are available from the animal population control fund, reimburse participating veterinarians for eighty percent of the balance of the fee charged pursuant to paragraph (a) of this subdivision, and after deducting that portion of the fee already paid to the veterinarian by those persons participating in the program pursuant to paragraph (c) of subdivision three of this section, for each animal spaying and neutering procedure administered after the submission to the commissioner of an animal sterilization certificate, prescribed by the commissioner, signed by the veterinarian and the owner of the animal or person authorized by the owner, for each spaying and neutering procedure performed in conjunction with the animal population control program. Notwithstanding the foregoing provisions, the state comptroller shall not reimburse veterinarians for any voucher which shall have been issued by the commissioner more than one year prior to the date upon which it is submitted to the commissioner unless the commissioner shall indicate good cause for the payment of such voucher. If the moneys are not immediately available from such fund, the commissioner shall give priority to approving reimbursement to participating veterinarians from counties from which the amount of fees deposited in such fund, after taking into consideration the administrative expenses to which the department is entitled, exceeds the money paid out to participating veterinarians in such counties. The participating veterinarian shall submit to the commissioner within sixty days of each animal spaying and neutering procedure an animal sterilization certificate for the purposes of reimbursement. Notwithstanding the provisions of this paragraph, the commissioner shall not approve reimbursement to municipal facilities, not-for-profit organizations, pounds, shelters, duly incorporated societies for the prevention of cruelty to animals, humane societies or dog or cat protective associations except to the extent that they shall have performed spay/neuter procedures in excess of the number of such procedures done by it during nineteen hundred ninety-four. 5. The commissioner may solicit and accept funds from any public or private source to help carry out the provisions of this section. 6. All fees collected pursuant to this section and paragraph c of subdivision four of section one hundred ten of this article shall be deposited in a miscellaneous special revenue fund known as the animalpopulation control fund. An amount not to exceed fifteen percent of the balance of the fund at the beginning of each fiscal year, following appropriation by the legislature and allocation by the director of the budget, shall be available for the purposes of implementation and promotion of the program. Such promotion shall include educating the public about the benefits associated with spaying and neutering. The remaining monies shall be used exclusively for the reimbursement to participating veterinarians pursuant to paragraph (b) of subdivision four of this section. 7. The commissioner shall, in consultation with such professional organizations as the commissioner deems appropriate, develop a list of veterinarians approved by the commissioner to participate in the low-cost spay/neuter program who provide care, including, but not limited to, spay/neuter procedures, to dogs and cats. Any otherwise qualifying pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society, or dog or cat protective association shall distribute such list of approved veterinarians to persons adopting a dog or a cat as a precondition to reimbursement under the low-cost spay/neuter program established in this section. In addition to such distribution, such pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society or dog or cat protective association shall not discriminate against any veterinarian on such list or directly or indirectly require, direct or recommend the utilization or non-utilization of any such veterinarian for any procedure for which reimbursement is to be sought under this program. Such discrimination may, in the discretion of the commissioner, constitute grounds for the revocation of the right of such facility to participate in the program. * NB Effective until January 1, 2011 * § 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 animalpopulation 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 commissionerthat 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 countypursuant to subdivision three of section one hundred ten of this article for the sole purpose of administering such 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. * NB Effective January 1, 2011
* § 117-a. Animal population control program. 1. The department shall establish and implement an animal population control program. The purpose of this program shall be to reduce the population of unwanted and stray dogs and cats thereby reducing 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 two of this section. The department shall use its best efforts to encourage every adoption facility that qualifies for participation in the low-cost spay-neuter program to do so to the maximum possible extent. 2. 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 a veterinarian participating in the program as follows: (a) in the form of an adoption agreement that their dog or cat was adopted from a pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society or 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) the food assistance program authorized pursuant to subdivision ten of section ninety-five of the social services law; 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. 2-a. Notwithstanding the provisions of paragraph (a) of subdivision two 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, humane society or dog or cat protective association which included the cost of a spaying or neutering procedure in the cost of the adoption; (c) was spayed or neutered by an otherwise eligible veterinarian who is employed by otherwise qualifying pounds, shelters, duly incorporated societies for the prevention of cruelty to animals, humane societies or dog or cat protective associations except to the extent that they shallhave performed spay/neuter procedures in excess of the number of such procedures done upon animals adopted from such facility during nineteen hundred ninety-four; or (d) was adopted from any facility that as a condition of adoption, required or encouraged the utilization of a specific veterinarian or veterinary facility to perform such spay or neuter procedure. The establishment of such conditions by a facility shall constitute grounds for the disqualification of such facility to participate in the program. Nothing contained in this section shall be construed as precluding a facility from informing a person adopting an animal of the identity of those participating veterinarians in the vicinity of such facility in addition to providing them with the voucher provided under this section and any accompanying materials. 3. Any person submitting a dog or cat for spaying or neutering pursuant to the provisions of this section shall: (a) Furnish any licensed veterinarian of this state participating in the program with proof that the owner meets the eligibility criteria pursuant to the provisions of subdivisions two and two-a of this section; (b) Sign a consent form certifying that the person is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the procedure; (c) Pay a fee of thirty dollars to the veterinarian participating in the program if such dog or cat was adopted from a duly incorporated pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society or duly incorporated dog or cat protective association, or pay a fee of twenty dollars to the veterinarian participating in the program if such person participates in any of the programs enumerated in paragraph (b) of subdivision two of this section. When eligibility to participate in the animal population control program is based upon participation in a program enumerated in paragraph (b) of subdivision two of this section, the department shall issue vouchers to dog and cat owners upon provision of requisite proof required under paragraph (b) of subdivision two of this section and in accordance with any rules and regulations promulgated by the commissioner. 4. (a) Any licensed veterinarian of this state including, but not limited to, licensed veterinarians working at municipal facilities which provide dog and cat spaying and neutering services, other than with respect to animals who would not be eligible pursuant to subdivision two-a of this section may participate in the program upon filing with the commissioner an application therefor, on forms prescribed by the commissioner, which application shall certify, in addition to any other information requested by the commissioner, an animal sterilization fee schedule listing the fees charged for spaying and neutering in the normal course of business and for the presurgical immunization of dogs against distemper, hepatitis, leptospirosis, parvovirus and rabies, or if deemed necessary for the presurgical immunization of cats against feline panleukopenia, calici, pneumonitis, rhinotracheitis and rabies, as the case may be on the first day of January two thousand one and the first day of January each third year thereafter and the number of spay/neuter procedures done by such facility during such period. Additionally, such licensed veterinarian shall certify that the fees charged for procedures and vaccinations for which reimbursement is sought are equal to or less than the lowest fees charged to a private client for such procedures during the previous year. The veterinarian shall also provide the name of the veterinarian, animal hospital, veterinary clinic or other entity to which such reimbursement is to be made. These fees may vary with the animal's weight, sex and species. Thecommissioner may, however, disqualify from participation in the program any veterinarian whose fees are deemed unreasonable. Nothing contained in this subdivision shall limit the right of the state education department to undertake such actions as it may deem necessary to enforce the provisions of article one hundred thirty-five of the education law. (b) Licensed veterinarians of this state participating in the program shall provide, if deemed necessary, for the presurgical immunization of dogs against distemper, hepatitis, leptospirosis, parvovirus and rabies, or if deemed necessary, for the presurgical immunization of cats against feline panleukopenia, calici, pneumonitis, rhinotracheitis and rabies, as the case may be. Charges for such services to the owner or person submitting the dog or cat for spaying or neutering shall be no more than fifty percent of the amount certified pursuant to paragraph (a) of this subdivision. In addition to other reimbursement to which a licensed veterinarian may be entitled under this section, a veterinarian may seek reimbursement for expenses incurred as a direct result of extraordinary circumstances which occurred during the course of a spay/neuter procedure up to an amount approved by the department which shall not exceed twenty percent of such veterinarian's fee for performing such procedure. (c) The state comptroller upon the submission of vouchers by the commissioner shall, to the extent that monies are available from the animal population control fund, reimburse participating veterinarians for eighty percent of the balance of the fee charged pursuant to paragraph (a) of this subdivision, and after deducting that portion of the fee already paid to the veterinarian by those persons participating in the program pursuant to paragraph (c) of subdivision three of this section, for each animal spaying and neutering procedure administered after the submission to the commissioner of an animal sterilization certificate, prescribed by the commissioner, signed by the veterinarian and the owner of the animal or person authorized by the owner, for each spaying and neutering procedure performed in conjunction with the animal population control program. Notwithstanding the foregoing provisions, the state comptroller shall not reimburse veterinarians for any voucher which shall have been issued by the commissioner more than one year prior to the date upon which it is submitted to the commissioner unless the commissioner shall indicate good cause for the payment of such voucher. If the moneys are not immediately available from such fund, the commissioner shall give priority to approving reimbursement to participating veterinarians from counties from which the amount of fees deposited in such fund, after taking into consideration the administrative expenses to which the department is entitled, exceeds the money paid out to participating veterinarians in such counties. The participating veterinarian shall submit to the commissioner within sixty days of each animal spaying and neutering procedure an animal sterilization certificate for the purposes of reimbursement. Notwithstanding the provisions of this paragraph, the commissioner shall not approve reimbursement to municipal facilities, not-for-profit organizations, pounds, shelters, duly incorporated societies for the prevention of cruelty to animals, humane societies or dog or cat protective associations except to the extent that they shall have performed spay/neuter procedures in excess of the number of such procedures done by it during nineteen hundred ninety-four. 5. The commissioner may solicit and accept funds from any public or private source to help carry out the provisions of this section. 6. All fees collected pursuant to this section and paragraph c of subdivision four of section one hundred ten of this article shall be deposited in a miscellaneous special revenue fund known as the animalpopulation control fund. An amount not to exceed fifteen percent of the balance of the fund at the beginning of each fiscal year, following appropriation by the legislature and allocation by the director of the budget, shall be available for the purposes of implementation and promotion of the program. Such promotion shall include educating the public about the benefits associated with spaying and neutering. The remaining monies shall be used exclusively for the reimbursement to participating veterinarians pursuant to paragraph (b) of subdivision four of this section. 7. The commissioner shall, in consultation with such professional organizations as the commissioner deems appropriate, develop a list of veterinarians approved by the commissioner to participate in the low-cost spay/neuter program who provide care, including, but not limited to, spay/neuter procedures, to dogs and cats. Any otherwise qualifying pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society, or dog or cat protective association shall distribute such list of approved veterinarians to persons adopting a dog or a cat as a precondition to reimbursement under the low-cost spay/neuter program established in this section. In addition to such distribution, such pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society or dog or cat protective association shall not discriminate against any veterinarian on such list or directly or indirectly require, direct or recommend the utilization or non-utilization of any such veterinarian for any procedure for which reimbursement is to be sought under this program. Such discrimination may, in the discretion of the commissioner, constitute grounds for the revocation of the right of such facility to participate in the program. * NB Effective until January 1, 2011 * § 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 animalpopulation 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 commissionerthat 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 countypursuant to subdivision three of section one hundred ten of this article for the sole purpose of administering such 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. * NB Effective January 1, 2011
* § 117-a. Animal population control program. 1. The department shall establish and implement an animal population control program. The purpose of this program shall be to reduce the population of unwanted and stray dogs and cats thereby reducing 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 two of this section. The department shall use its best efforts to encourage every adoption facility that qualifies for participation in the low-cost spay-neuter program to do so to the maximum possible extent. 2. 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 a veterinarian participating in the program as follows: (a) in the form of an adoption agreement that their dog or cat was adopted from a pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society or 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) the food assistance program authorized pursuant to subdivision ten of section ninety-five of the social services law; 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. 2-a. Notwithstanding the provisions of paragraph (a) of subdivision two 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, humane society or dog or cat protective association which included the cost of a spaying or neutering procedure in the cost of the adoption; (c) was spayed or neutered by an otherwise eligible veterinarian who is employed by otherwise qualifying pounds, shelters, duly incorporated societies for the prevention of cruelty to animals, humane societies or dog or cat protective associations except to the extent that they shallhave performed spay/neuter procedures in excess of the number of such procedures done upon animals adopted from such facility during nineteen hundred ninety-four; or (d) was adopted from any facility that as a condition of adoption, required or encouraged the utilization of a specific veterinarian or veterinary facility to perform such spay or neuter procedure. The establishment of such conditions by a facility shall constitute grounds for the disqualification of such facility to participate in the program. Nothing contained in this section shall be construed as precluding a facility from informing a person adopting an animal of the identity of those participating veterinarians in the vicinity of such facility in addition to providing them with the voucher provided under this section and any accompanying materials. 3. Any person submitting a dog or cat for spaying or neutering pursuant to the provisions of this section shall: (a) Furnish any licensed veterinarian of this state participating in the program with proof that the owner meets the eligibility criteria pursuant to the provisions of subdivisions two and two-a of this section; (b) Sign a consent form certifying that the person is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the procedure; (c) Pay a fee of thirty dollars to the veterinarian participating in the program if such dog or cat was adopted from a duly incorporated pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society or duly incorporated dog or cat protective association, or pay a fee of twenty dollars to the veterinarian participating in the program if such person participates in any of the programs enumerated in paragraph (b) of subdivision two of this section. When eligibility to participate in the animal population control program is based upon participation in a program enumerated in paragraph (b) of subdivision two of this section, the department shall issue vouchers to dog and cat owners upon provision of requisite proof required under paragraph (b) of subdivision two of this section and in accordance with any rules and regulations promulgated by the commissioner. 4. (a) Any licensed veterinarian of this state including, but not limited to, licensed veterinarians working at municipal facilities which provide dog and cat spaying and neutering services, other than with respect to animals who would not be eligible pursuant to subdivision two-a of this section may participate in the program upon filing with the commissioner an application therefor, on forms prescribed by the commissioner, which application shall certify, in addition to any other information requested by the commissioner, an animal sterilization fee schedule listing the fees charged for spaying and neutering in the normal course of business and for the presurgical immunization of dogs against distemper, hepatitis, leptospirosis, parvovirus and rabies, or if deemed necessary for the presurgical immunization of cats against feline panleukopenia, calici, pneumonitis, rhinotracheitis and rabies, as the case may be on the first day of January two thousand one and the first day of January each third year thereafter and the number of spay/neuter procedures done by such facility during such period. Additionally, such licensed veterinarian shall certify that the fees charged for procedures and vaccinations for which reimbursement is sought are equal to or less than the lowest fees charged to a private client for such procedures during the previous year. The veterinarian shall also provide the name of the veterinarian, animal hospital, veterinary clinic or other entity to which such reimbursement is to be made. These fees may vary with the animal's weight, sex and species. Thecommissioner may, however, disqualify from participation in the program any veterinarian whose fees are deemed unreasonable. Nothing contained in this subdivision shall limit the right of the state education department to undertake such actions as it may deem necessary to enforce the provisions of article one hundred thirty-five of the education law. (b) Licensed veterinarians of this state participating in the program shall provide, if deemed necessary, for the presurgical immunization of dogs against distemper, hepatitis, leptospirosis, parvovirus and rabies, or if deemed necessary, for the presurgical immunization of cats against feline panleukopenia, calici, pneumonitis, rhinotracheitis and rabies, as the case may be. Charges for such services to the owner or person submitting the dog or cat for spaying or neutering shall be no more than fifty percent of the amount certified pursuant to paragraph (a) of this subdivision. In addition to other reimbursement to which a licensed veterinarian may be entitled under this section, a veterinarian may seek reimbursement for expenses incurred as a direct result of extraordinary circumstances which occurred during the course of a spay/neuter procedure up to an amount approved by the department which shall not exceed twenty percent of such veterinarian's fee for performing such procedure. (c) The state comptroller upon the submission of vouchers by the commissioner shall, to the extent that monies are available from the animal population control fund, reimburse participating veterinarians for eighty percent of the balance of the fee charged pursuant to paragraph (a) of this subdivision, and after deducting that portion of the fee already paid to the veterinarian by those persons participating in the program pursuant to paragraph (c) of subdivision three of this section, for each animal spaying and neutering procedure administered after the submission to the commissioner of an animal sterilization certificate, prescribed by the commissioner, signed by the veterinarian and the owner of the animal or person authorized by the owner, for each spaying and neutering procedure performed in conjunction with the animal population control program. Notwithstanding the foregoing provisions, the state comptroller shall not reimburse veterinarians for any voucher which shall have been issued by the commissioner more than one year prior to the date upon which it is submitted to the commissioner unless the commissioner shall indicate good cause for the payment of such voucher. If the moneys are not immediately available from such fund, the commissioner shall give priority to approving reimbursement to participating veterinarians from counties from which the amount of fees deposited in such fund, after taking into consideration the administrative expenses to which the department is entitled, exceeds the money paid out to participating veterinarians in such counties. The participating veterinarian shall submit to the commissioner within sixty days of each animal spaying and neutering procedure an animal sterilization certificate for the purposes of reimbursement. Notwithstanding the provisions of this paragraph, the commissioner shall not approve reimbursement to municipal facilities, not-for-profit organizations, pounds, shelters, duly incorporated societies for the prevention of cruelty to animals, humane societies or dog or cat protective associations except to the extent that they shall have performed spay/neuter procedures in excess of the number of such procedures done by it during nineteen hundred ninety-four. 5. The commissioner may solicit and accept funds from any public or private source to help carry out the provisions of this section. 6. All fees collected pursuant to this section and paragraph c of subdivision four of section one hundred ten of this article shall be deposited in a miscellaneous special revenue fund known as the animalpopulation control fund. An amount not to exceed fifteen percent of the balance of the fund at the beginning of each fiscal year, following appropriation by the legislature and allocation by the director of the budget, shall be available for the purposes of implementation and promotion of the program. Such promotion shall include educating the public about the benefits associated with spaying and neutering. The remaining monies shall be used exclusively for the reimbursement to participating veterinarians pursuant to paragraph (b) of subdivision four of this section. 7. The commissioner shall, in consultation with such professional organizations as the commissioner deems appropriate, develop a list of veterinarians approved by the commissioner to participate in the low-cost spay/neuter program who provide care, including, but not limited to, spay/neuter procedures, to dogs and cats. Any otherwise qualifying pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society, or dog or cat protective association shall distribute such list of approved veterinarians to persons adopting a dog or a cat as a precondition to reimbursement under the low-cost spay/neuter program established in this section. In addition to such distribution, such pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society or dog or cat protective association shall not discriminate against any veterinarian on such list or directly or indirectly require, direct or recommend the utilization or non-utilization of any such veterinarian for any procedure for which reimbursement is to be sought under this program. Such discrimination may, in the discretion of the commissioner, constitute grounds for the revocation of the right of such facility to participate in the program. * NB Effective until January 1, 2011 * § 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 animalpopulation 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 commissionerthat 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 countypursuant to subdivision three of section one hundred ten of this article for the sole purpose of administering such 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. * NB Effective January 1, 2011
