DAR File No. 34957

Agriculture and Food, Animal Industry

Rule R58-24

Community Spay and Neuter Grants

Notice of Proposed Rule

(New Rule)

DAR File No.: 34957
Filed: 06/21/2011 11:47:24 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Creation of rule in response to amendments made to Title 4, Chapter 40, that were enacted by H.B. 495, Animal Control Modification, from the 2011 General Session.

Summary of the rule or change:

This rule provides the requirements and procedures for community spay and neuter grants established by Title 4, Chapter 40, and defines what constitutes a person having low income for purposes of that statute.

State statutory or constitutional authorization for this rule:

• Subsection 4-40-102(5)(c)

Anticipated cost or savings to:

the state budget:

There will be a cost to administer the program that will have to be absorbed by the existing budget.

local governments:

For city or county animal services that apply for the grants, they may see a lower operational budget if they currently provide for low cost spay and neuter procedures.

small businesses:

This may give more business to veterinarians that have small animal practices and provide the service.

persons other than small businesses, businesses, or local governmental entities:

The low income individual may be able to receive a cost reduction if they have an animal that has a spay or neuter procedure, 501(c)(3) organizations may be able to reduce their costs if they are providing this service to low income individuals at this time.

Compliance costs for affected persons:

Administrative costs are to be borne by the Department and all organizations that receive grants.

Comments by the department head on the fiscal impact the rule may have on businesses:

The changes to the statute made by the last legislature will allow more organizations to apply for the grant funds and more veterinary practitioners will be encouraged to provide these services.

Leonard Blackham, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Animal Industry
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Kyle Stephens at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at kylestephens@utah.gov
• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov
• Wyatt Frampton at the above address, by phone at 801-538-7165, by FAX at 801-538-7169, or by Internet E-mail at wframpton@utah.gov
• Bruce King at the above address, by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bking@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/15/2011

This rule may become effective on:

08/22/2011

Authorized by:

Leonard Blackham, Commissioner

R58. Agriculture and Food, Animal Industry.

R58-24. Community Spay and Neuter Grants.

R58-24-1. Authority and Purpose.

(1) This rule provides the requirements and procedures for community spay and neuter grants established by Title 4, Chapter 40 and defines what constitutes a person having low income for purposes of that statute.

(2) It is authorized by Section 4-40-102 (5)(c).

 

R58-24-2. Definitions.

The definitions as they appear in Section 4-40-102 (4) apply. In addition, "Department" means the Utah Department of Agriculture and Food.

 

R58-24-3. Grant Application.

An applicant responding to a request for grant application under this program shall submit its application as directed in the grant application guidance issued by the Department.

(1) An applicant with an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code shall submit an annual report for the organization as a whole which shall provide for the most current year end:

(a) IRS form 990 for non-profit corporation qualified under I.R.C. Section 501 (c)(3);

(b) a statement of assets, liabilities and fund balance;

(c) a statement of operations showing by summary, sources of revenue and expenditures;

(d) a statement of mission or purpose and how the organization has met its objectives; and

(e) a list of directors and key administrators who are in control of the organization.

(2) An applicant which operates as a city or county animal shelter shall submit:

(a) a statement of mission or purpose and how the organization has met its objectives; and

(b) a list of directors and key administrators who are in control of the organization.

 

R58-24-4. Criteria for Awarding Grants.

In awarding grants, the Department shall consider the extent to which the applicant:

(1) demonstrates that it meets organization criteria in Section 4-40-102 (4);

(2) demonstrates that it will provide spay and neuter services for cats and dogs belonging to a low-income person as required in Section 4-40-102 (4);

(3) provides:

(a) information that requirements established in Section 4-40-102 (5) are met;

(b) an organization operation plan with a statement of specific measurable objectives and methods to be used to assess the achievement of those objectives;

(c) a schedule of fees the voucher shall cover; and

(d) the number of estimated animal procedures to be provided with the grant award.

 

R58-24-5. Qualified Service Recipient.

(1) A low-income person qualifies under poverty standards established by the applicant organization using the 200 percent of federal poverty level standard. Acceptable proof may be any of the following:

(a) Medicaid enrollment documentation;

(b) CHIP enrollment documentation;

(c) Food Stamps eligibility documentation;

(d) WIC enrollment documentation;

(e) Social Security Disability (SSD);

(f) HUD Section 8 eligibility documentation; or

(g) prior year's income tax return.

(2) The grantee must assure that each individual to whom it provides service under the grant awarded under this rule meets the requirements of this rule and Section 4-40-102 (5).

(3) No funds shall be used for administration costs.

 

R58-24-6. Quarterly Payments.

Reimbursement of vouchers will occur quarterly.

 

R58-24-7. Annual Report Requirements.

(1) The grant recipient shall provide an annual report as provided in R58-24-3 above.

(2) The recipient organization shall provide supplementary information related to the spay and neuter services described in the grant application, including a break down of:

(a) the number of cats neutered or spayed and an estimated cost per animal; and

(b) the number of dogs neutered or spayed and an estimated cost per animal.

(3) An organization that receives state funds under Section 4-40-102 must submit to the Department of Agriculture and Food, Animal Industry, an annual accounting of the grant funds including:

(a) the number of vouchers distributed to pet owners for spay and neuter services;

(b) the number of vouchers redeemed for services;

(c) a summary of total cost of voucher services provided; and

(d) an average total procedure cost per animal.

 

R58-24-8. Audit Provisions.

An organization that receives state funds under Section 4-40-102 must submit, upon request, to a Department audit of the recipients' compliance with the terms of the grant.

 

KEY: spay, neuter, pets, grants

Date of Enactment or Last Substantive Amendment: 2011

Authorizing, and Implemented or Interpreted Law: 4-40-102(5)(c)