Relates to community based initiatives for the purpose of trapping, neutering, vaccinating and returning feral cats to the area from which they were trapped.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2778
SPONSOR: McDonald (MS) TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to community based initiatives for the purpose of trapping,
neutering, vaccinating and returning feral cats to the area from which
they were trapped
PURPOSE OR GENERAL IDEA OF BILL:
This bill would authorize up to twenty percent of the animal population
control program fund balance to be utilized for grants, to eligible
entities working in coordination with community based initiatives, for
the purpose of trapping, neutering, vaccinating and returning feral cats
to the area from which they were trapped.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 1 of section 117-a of the agricultural and
markets law, as amended by section 11 of part T of chapter 59 of the
laws of 2010, by adding a new subdivision 10 which would authorize twen-
ty percent of the Animal Population Control Program fund balance annual-
ly for grants to eligible entities, in coordination with community-based
initiatives, for the purpose of trapping, neutering, vaccinating and
returning, to the area from which they were trapped, feral cats as
defined by the environmental conservation law.
Section 2 provides that such provisions shall not apply to community-
based initiatives operated in coordination with an eligible entity as
defined in subdivision eight of this section, which allows entities that
do not have a county animal population control program to apply for
funds from the Animal Population Control Program fund for the sole
purpose of providing low-cost spay and neuter services in their service
area.
Section 2 provides the effective date.
JUSTIFICATION:
The New York State Animal Population Control Program serves Upstate and
Long Island, providing grants to local governments and eligible not-for-
profit organizations for low-cost, low-income spay/neuter initiatives
and services directly related to such programs. Operated by the ASPCA at
no cost to the state, the APCP funds viable, effective and high-impact
programs each year to help communities manage homeless animal popu-
lations and serve areas of great need, as well as projects reaching more
remote and less served populations.
Unfortunately, the APCP does not provide sufficient authority to award
grants for the management of "Trap-Neuter-Return" or "TNR" feral cat
programs. As the only proven humane and effective method to manage feral
cat colonies, these systems can have enormous value to a community. At
least 15 other state-sponsored animal population control programs -
including those in Massachusetts, Rhode Island, Connecticut and Delaware
- authorize the use of spay/neuter funds to cover the costs of viable
TNR programs.
Once considered unconventional, TNR is now generally accepted as a
viable and effective population control tool. Successfully practiced in
thousands of communities and in every landscape and setting, Trap-Neu-
ter-Return programs humanely trap feral cats - which cannot be social-
ized to live with humans safely - and take them to a veterinarian to be
neutered, vaccinated, and eartipped. After recovery, the cats are
returned to their colony. Kittens of feral cats that can be socialized
to people may be adopted into homes.
Grounded in science, TNR stops the breeding cycle of feral cats and
therefore improves their lives. Historically, the ineffective and costly
"catch and kill" approach was used to control feral cat populations, but
history has now demonstrated the futility of attempts to permanently
clear an area of cats because of the scientifically-documented phenome-
non known as the "vacuum effect." In basic terms, whenever cats are
removed, new cats move in to take advantage of the now-available
resources (like food and shelter), or the surviving cats left behind
breed to capacity. Under TNR, the returned cats act as placeholders,
preventing intact cats from moving into the area. The cats being
returned via TNR have significantly reduced nuisance behaviors (spray-
ing, noise from mating and fighting) and are better community neighbors
than the intact cats who would otherwise fill that space if there were a
vacuum. As a result, there is robust support for TNR both at the grass-
roots level and within traditional political structures.
This legislation is consistent with the statutory purpose of this
program, especially since its reinvention as a grants initiative in
2010. The bill would simply authorize a small percentage of funds avail-
able through the APCP each year to be used to support the collaborative
work of humane societies, animal welfare organizations and animal shel-
ters with community-based TNR initiatives so they may improve the quali-
ty of life for feral cats in a given area, and improve the character of
that community for its residents. This in turn supports sound public
health policy by proactively reducing the risk of rabies and other
zoonotic diseases."
PRIOR LEGISLATIVE HISTORY:
A.9487/S.7290 of 2014; Passed Assembly
FISCAL IMPLICATIONS:
Twenty percent of the Animal Population Control Program fund balance
will be allocated for the purposes of awarding grants for the management
of "Trap-Neuter-Return" or "TNR" feral cat programs.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2778
2015-2016 Regular Sessions
IN ASSEMBLY
January 20, 2015
___________
Introduced by M. of A. McDONALD, CLARK, STECK, TITONE, BROOK-KRASNY,
GOTTFRIED, FAHY, CUSICK, BRINDISI, GUNTHER, SCHIMEL, WEPRIN, SKOUFIS
-- Multi-Sponsored by -- M. of A. ARROYO, CAMARA, FINCH, GIGLIO,
GLICK, LUPARDO, MALLIOTAKIS, McLAUGHLIN, RAIA, TEDISCO -- read once
and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to communi-
ty based initiatives for the purpose of trapping, neutering, vaccinat-
ing and returning feral cats to the area from which they were trapped
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 117-a of the agriculture and
2 markets law, as amended by section 11 of part T of chapter 59 of the
3 laws of 2010, is amended and a new subdivision 10 is added to read as
4 follows:
5 1. The commissioner shall submit a request for proposals from not-for-
6 profit entities as described herein for the purpose of administering a
7 state animal population control program. The entity chosen to administer
8 such program shall enter into a contract with the state for a term of
9 five years, which may be renewed subject to the approval of the commis-
10 sioner. The purpose of this program shall be to reduce the population of
11 unwanted and stray dogs and cats thereby reducing incidence of euthana-
12 sia and potential threats to public health and safety posed by the large
13 population of these animals. This program shall seek to accomplish its
14 purpose by encouraging residents of New York state who are the owners of
15 dogs and cats or, subject to the conditions established pursuant to
16 subdivision ten of this section, community-based initiatives operating
17 in coordination with an eligible not-for-profit entity as defined in
18 subdivision eight of this section for the purposes of trapping, neuter-
19 ing, vaccinating and releasing feral cats as defined in subparagraph two
20 of paragraph e of subdivision six of section 11-0103 of the environ-
21 mental conservation law, to have them spayed or neutered by providing
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02582-01-5
A. 2778 2
1 low-cost spaying and neutering services to such owners and initiatives
2 meeting the criteria enumerated in subdivision three of this section.
3 For purposes of this section, "low-cost" shall mean substantially less
4 than the average cost in a particular region of the state for spaying or
5 neutering services, including any and all ancillary [changes] charges
6 for services, including but not limited to, presurgical examinations,
7 tests and immunizations, and other services related to the spay or
8 neuter procedure. All veterinary services provided pursuant to this
9 section must be performed by a veterinarian licensed in this state.
10 10. Notwithstanding any provision of this section to the contrary, the
11 administrative entity shall be authorized to utilize up to twenty
12 percent of the animal population control program fund balance annually
13 for grants to eligible entities as defined in subdivision eight of this
14 section working in coordination with community based initiatives for the
15 purposes of trapping, neutering, vaccinating and returning, to the area
16 from which they were trapped, feral cats as defined in subparagraph two
17 of paragraph e of subdivision six of section 11-0103 of the environ-
18 mental conservation law.
19 § 2. Subdivision 3 of section 117-a of the agriculture and markets law
20 is amended by adding a new paragraph (d) to read as follows:
21 (d) Subject to the conditions established pursuant to subdivision ten
22 of this section, the provisions of this subdivision shall not apply to
23 community-based initiatives operated in coordination with an eligible
24 entity as defined in subdivision eight of this section for the purpose
25 of trapping, neutering, vaccinating and releasing feral cats as defined
26 in subparagraph two of paragraph e of subdivision six of section 11-0103
27 of the environmental conservation law.
28 § 3. This act shall take effect immediately.
