The proceeds of the Spay/Neuter Fund outlined in this subchapter shall be available to those parties qualifying for participation under the following eligibility requisites:

(1) An individual may qualify to participate in the program if the individual:

a. Is 18 years of age or older;

b. Is a resident of the State;

c. Establishes proof of being a recipient of benefits from 1 of the following programs:

1. Food Stamps;

2. General Assistance;

3. Delaware Medical Assistance;

4. Social Security Disability (SSD), including an individual who was receiving Social Security Disability benefits at the time the individual reached full retirement age but whose benefits have since been converted to regular retirement benefits by the Social Security Administration;

5. SSI (Supplemental Security Income);

6. Temporary Assistance for Needy Families (TANF);

7. WIC [Women, Infants and Children];

8. Veteran’s Administration Disability Compensation (only if veteran has a disability rating of 50% or higher); and

d. [Repealed.]

e. Presents a Delaware feral cat or a Delaware stray dog or is the owner or free-roaming cat caretaker of the Delaware cat or Delaware dog being spayed or neutered to a participating veterinarian or clinic.

(2) A corporation may qualify to participate in the Program if it:

a. Is registered as a Delaware corporation with the Delaware Secretary of State, Division of Corporations;

b. States in its corporate purpose clause or in its mission statement that its activities are devoted to animal rescue, animal welfare, or the humane treatment of animals;

c. Applies these funds to animals who have their origin in Delaware; and

d. Is exempt from federal taxation in accordance with Internal Revenue Code § 501(c)(3) [26 U.S.C. § 501(c)(3)].

(3) The first 2 years’ fiscal allotment shall be divided by the administrator as follows:

a. Approximately 75% of the funding shall be dedicated to subsidizing the cost of sterilizing domesticated animals owned by those participants qualifying under the terms set forth in paragraph (1) of this section.

b. Approximately 25% of the funding shall be dedicated to subsidizing the cost of sterilizing those abandoned, free-roaming, homeless, stray, or unwanted animals located in communities by participants qualifying under paragraph (2) of this section.

c. An individual seeking a low-income subsidy in accordance with paragraph (1) of this section shall be limited to 3 such procedures per fiscal year and shall be ineligible to seek additional funding by participating in the Program under the terms set forth in paragraph (2) of this section.

d. Division by the Administrator of the program’s fiscal allotment and the numerical spay and neuter procedures established above shall be reevaluated by the Administrator after the first 2 years of operations and thereafter as necessary to assure the program’s continued viability.

e. [Repealed.]

75 Del. Laws, c. 326, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 284, § 2; 77 Del. Laws, c. 174, §§ 1-5; 79 Del. Laws, c. 377, § 2; 81 Del. Laws, c. 224, § 1; 81 Del. Laws, c. 450, § 2.