A09487 Summary:

BILL NOA09487
 
SAME ASSAME AS S07290
 
SPONSORMcDonald
 
COSPNSRClark, Steck, Titone, Brook-Krasny, Gottfried, Fahy, Cusick, Brindisi, Gunther, Schimel, Weprin, Skoufis
 
MLTSPNSRArroyo, Camara, Finch, Giglio, Glick, Lupardo, Malliotakis, McLaughlin, Millman, Raia, Tedisco
 
Amd S117-a, Ag & Mkts L
 
Relates to community based initiatives for the purpose of trapping, neutering, vaccinating and returning feral cats to the area from which they were trapped.
Go to top    

A09487 Actions:

BILL NOA09487
 
05/02/2014referred to agriculture
05/28/2014reported referred to ways and means
06/02/2014reported referred to rules
06/09/2014reported
06/09/2014rules report cal.94
06/09/2014ordered to third reading rules cal.94
06/09/2014passed assembly
06/09/2014delivered to senate
06/09/2014REFERRED TO AGRICULTURE
Go to top

A09487 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9487
 
SPONSOR: McDonald
  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 twen- ty 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 subdivi- sion 10 which would authorize twenty percent of the Animal Population Control Program fund balance annually 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 conserva- tion 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 populations 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: None.   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.
Go to top

A09487 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9487
 
                   IN ASSEMBLY
 
                                       May 2, 2014
                                       ___________
 
        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee 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
    22  low-cost spaying and neutering services to such owners  and  initiatives

    23  meeting  the  criteria  enumerated in subdivision three of this section.
    24  For purposes of this section, "low-cost" shall mean  substantially  less
    25  than the average cost in a particular region of the state for spaying or
    26  neutering  services,  including  any and all ancillary [changes] charges
    27  for services, including but not limited  to,  presurgical  examinations,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14846-01-4

        A. 9487                             2
 
     1  tests  and  immunizations,  and  other  services  related to the spay or
     2  neuter procedure. All veterinary  services  provided  pursuant  to  this

     3  section must be performed by a veterinarian licensed in this state.
     4    10. Notwithstanding any provision of this section to the contrary, the
     5  administrative  entity  shall  be  authorized  to  utilize  up to twenty
     6  percent of the animal population control program fund  balance  annually
     7  for  grants to eligible entities as defined in subdivision eight of this
     8  section working in coordination with community based initiatives for the
     9  purposes of trapping, neutering, vaccinating and returning, to the  area
    10  from  which they were trapped, feral cats as defined in subparagraph two
    11  of paragraph e of subdivision six of section  11-0103  of  the  environ-
    12  mental conservation law.
    13    § 2. Subdivision 3 of section 117-a of the agriculture and markets law

    14  is amended by adding a new paragraph (d) to read as follows:
    15    (d)  Subject to the conditions established pursuant to subdivision ten
    16  of this section, the provisions of this subdivision shall not  apply  to
    17  community-based  initiatives  operated  in coordination with an eligible
    18  entity as defined in subdivision eight of this section for  the  purpose
    19  of  trapping, neutering, vaccinating and releasing feral cats as defined
    20  in subparagraph two of paragraph e of subdivision six of section 11-0103
    21  of the environmental conservation law.
    22    § 3. This act shall take effect immediately.
Go to top