Section 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 shall

  have 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. The

  commissioner  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 animal

  population 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.