Senate Bill No. 202
(By Senator Kessler (Mr. President), Fitzsimmons, Beach, Miller,
Laird, Nohe and Stollings)
[Originating in the Committee on Agriculture and Rural
reported February 26, 2013.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §19-20C-1, §19-20C-2
and §19-20C-3, all relating to establishing the West Virginia
Spay Neuter Program and Fund; designating the Commissioner of
the Department of Agriculture to manage the program and fund;
providing grants to nonprofit spay neuter programs in state;
limiting administrative expenses of fund; requiring annual
reporting; and authorizing rulemaking.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §19-20C-1, §19-20C-2
and §19-20C-3, all to read as follows:
ARTICLE 20C. WEST VIRGINIA SPAY NEUTER PROGRAM.
West Virginia Spay Neuter Program.
The Department of Agriculture shall establish a spay neuter
assistance program that provides grants to nonprofit spay neuter
organizations and programs in the state. The purpose of this
program is to have more dogs and cats sterilized, thereby reducing
shelter populations and costs, euthanasia rates, and threats to
public health and safety from rabies and other problems posed by
the growing population of stray, feral and abandoned dogs and cats.
Fund established; acceptance of funds.
There is created in the State Treasury a special revenue
account to be designated the West Virginia Spay Neuter Fund.
Expenditures from the fund are for the purposes set forth in this
article and are to be made in accordance with appropriation by the
Legislature and in accordance with the provisions of article three,
chapter twelve of this code and upon the fulfillment of the
provisions set forth in article two, chapter eleven-b of this code.
All moneys received and collected pursuant to this article
shall be deposited into the fund.
The fund may receive any
appropriations, gifts, grants, contributions or other money from
any source that is designated for deposit into the fund.
Administrative expenses of the department may not exceed
ten percent of the funds deposited in any fiscal year
remainder shall be used exclusively for implementation of the program
Rulemaking; annual report
(a) The commissioner shall
propose rules for legislative
approval in accordance with article three, chapter twenty-nine-a of
this code, to implement the provisions of this article.
Rules promulgated under this section shall, at a minimum:
(1) Identify the types of nonprofit organizations and programs
that qualify for spay neuter grants;
(2) Establish parameters for spay neuter grants, and
procedures and requirements for grant application; and
(3) Establish administration, record keeping and reporting
requirements for nonprofit organizations and programs that receive
spay neuter grants
(c) Beginning the year following the program's inception, the
commissioner shall file an annual report to the Joint Committee on
Government and Finance
regarding the program, funds received and
grants awarded, number of dogs and cats sterilized, and other
NOTE: The purpose of this bill is
Spay Neuter Program and Fund
Article 20C is new; therefore, strike-throughs and
underscoring have been omitted.