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In 2006, the state of Delaware enacted a sweeping spay/neuter assistance bill encompassing shelter animals, animals belonging to low-income individuals, and free-roaming dog and cats. The legislation resulted in what is known as the Animal Population Control Program.
Who Are Its Sponsors?
The Governor's Task Force on Animal Cruelty established what could be considered the gold standard among state-funded animal population control programs due to its broad scope. The task force included stakeholders from a large and diverse group of organizations:
- Department of Justice
- Delaware Action for Animals
- Delaware Coalition Against Domestic Violence
- Diamond State Cat Club
- Christiana Psychiatric Services
- Delaware SPCA
- Delaware Humane Association
- Delaware Veterinarian Medical Association
- Delaware Department of Corrections
- Kent County SPCA
- Faithful Friends Inc.
- Merrietta Virden Animal Foundation
- People's Place
- Sussex County Animal Association
Members of the task force were inspired by New Hampshire's pioneering state-funded low-cost spay/neuter program. The task force was also disturbed by the high volume of dogs and cats received at and euthanized by Delaware shelters (the euthanasia rate increased from 57% to 64.4% from 2002 to 2005).
Public health and safety concerns, such as the potential for rabies transmission by stray animals, automobile accidents involving strays, and animal cruelty, also encouraged them to act. Task force members worked with legislators and the governor to craft legislation to address these concerns.
What Does This Legislation Do?
Delaware's Animal Population Control Program provides funding for vaccination and spay/neuter services for animals belonging to low-income owners and for stray animals. The services are funded in large part by a spay/neuter endowment (for at least the first year) and a surcharge on rabies vaccinations. The program also has mandatory pre-adoption rabies vaccination and sterilization provisions, including fines for noncompliance.
See "How Does It Work?" below for the full scope of the legislation.
When Does It Go into Effect?
The program was signed into law by the governor on June 29, 2006.
Where Does the Law Apply?
The law applies in the state of Delaware. The following individuals and groups are eligible for funds for vaccination and spay/neuter:
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Persons receiving public assistance
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Individuals recognized by local government or a local/state agency as a keeper of abandoned, free-roaming, homeless, feral cat, or stray dog keeper
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Non-profit animal welfare, rescue, and/or humane organizations registered in Delaware
The pre-adoption vaccination and sterilization provision applies to animals adopted from private animal welfare or rescue organizations, adoption clinics, and public or private animal shelters, with exceptions made for age (i.e., animal is under 6 months) or medical reasons.
How Does It Work?
Key provisions of Delaware's Animal Population Control Program include:
Eligibility: 75% of funds will be directed toward vaccination and spay/neuter services for animals belonging to persons receiving public assistance (i.e., AFDC, Food Stamps, General Assistance, Medicaid, Social Security Disability, SSI, TANF, WIC). 25% of funds will be used to vaccinate sterilize free-roaming cats and dogs. Funds may be distributed to low-income persons; individuals recognized by local government or a local/state agency as a keeper of abandoned, free-roaming, homeless, feral cat, or stray dog keeper; or non-profit animal welfare, rescue, and/or humane organizations registered in Delaware. Low-income persons and cat/dog keepers will be limited to 3 vaccination/sterilization procedures per fiscal year, and organizations will be limited to 25 such procedures per year.
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Client co-pay: Although this provision is not in the legislation, it is anticipated that participants will be responsible for a co-pay, payable to the veterinarian, of $10 $20 per animal.
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Spay/neuter endowment: $250,000 will be deposited in the Program Fund by the state government in the first year. On or before December 30, 2007, it will be determined whether an extension of this subsidy is required.
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$3 surcharge on rabies vaccinations: Given that over 100,000 rabies shots are estimated to be administered each year, this surcharge is expected to bring in $300,000 for the spay/neuter program.
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Outside donations: Donations, grants, gifts, bequests of money, and property or personal services from individuals or organizations may be accepted by the Program administrator to defray costs.
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Administrative costs: No more than 6% of the annual operating budget can be dedicated to administrative expenses.
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Mandatory pre-adoption rabies vaccination and sterilization: Mandates the vaccination and spay/neuter of dogs and cats before adoption from private animal welfare or rescue organizations, adoption clinics, and public or private animal shelters, with exceptions made for age (i.e., animal is under 6 months) or medical reasons.
A $75 deposit shall be required for animals adopted before sterilization. The deposit may be rebated only upon proof that sterilization has been completed within 5 months of adoption, and the animal has received a rabies inoculation on or before 7 months of age, or a finding by an accredited veterinarian that a dog or cat has reached reproductive age but cannot be safely sterilized or vaccinated.
In the absence of such a finding, the deposit shall be forfeit, and the adopter shall be responsible for the actual cost of vaccination and sterilization, a $250 fine, and also all enforcement costs. If, within a period of fifteen calendar days, the adopter still fails to comply with the vaccination and sterilization requirements, the adopter shall be liable for $500 fine.
Any organization that fails to comply with the pre-adoption vaccination and sterilization requirements shall also be liable for a $500 fine.
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Veterinary reimbursements: Participating veterinarians will be reimbursed monthly based on rates negotiated by the Program administrator for rabies vaccinations, surgery, and post-surgical care.
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Veterinary tax credit: Participating veterinarians will be able to avail themselves of a $50 tax credit for each combined rabies vaccination and spay/neuter procedure up to a Program total of $250,000 per calendar year.
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Performance measurement: A committee with statewide representation will review results and make adjustments to the program as necessary to ensure the impact desired. Specific performance criteria to be examined are the number of rabies vaccinations and spay/neuter surgeries performed, cat and dog shelter intake and euthanasia statistics, and any other criteria deemed by the Program administrator to be relevant.
How Can I Learn More?
You can read about the legislation and read the full text at the State of Delaware website. You can also contact:
Jane Pierantozzi
Executive Director
Faithful Friends, Inc.
302-427-8514, ext. 4
http://www.faithfulfriends.us/
info@faithfulfriends.us
Photo Credit: PAWS kittens © Maggie Swanson
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