Senate Bill No. 202
(Senators Kessler (Mr. President), Fitzsimmons, Beach, Miller, Laird, Nohe and Stollings, original sponsors)
[Passed April 13, 2013; in effect ninety days from passage.]
AN ACT 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 Assistance 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 ASSISTANCE PROGRAM.
§19-20C-1. West Virginia Spay Neuter Assistance 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.
§19-20C-2. Fund established; acceptance of funds.
(a) There is created in the State Treasury a special revenue account to be designated the West Virginia Spay Neuter Assistance Fund and administered by the Commissioner of Agriculture. 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.
(b) 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.
(c) Administrative expenses of the department may not exceed ten percent of the funds deposited in any fiscal year. The remainder shall be used exclusively for implementation of the program.
§19-20C-3. 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.
(b) 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;
(3) Establish procedures and requirements for grant applications; and
(4) 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 with the Joint Committee on Government and Finance regarding the program, funds received and grants awarded, the number of dogs and cats sterilized and other pertinent data.