§ 88 — Indemnity

§ 88. Indemnity. The following provisions shall govern the payment of\nindemnity to owners of animals killed pursuant to the provisions of this\narticle:\n 1. In the case of a bovine animal so killed to prevent the spread of\ntuberculosis, the owner shall be entitled to receive the net proceeds of\nthe sale of the animal, and in addition thereto shall be paid indemnity\nin a sum sufficient to secure to the owner the full appraised value of\nthe animal, but not exceeding the sum of six hundred dollars for a\nregistered pure bred animal or for a pure bred animal less than three\nyears of age, not registered but eligible for registry, for which a\nreasonable time shall be granted for the presentation of registration\npapers to the department, and not exceeding the sum of five hundred\ndollars for any other bovine animal. In the case of a pure bred animal\nthree years of age or over not registered at the time of appraisal, such\nanimals shall be appraised at grade value, and in computing indemnity to\nbe paid for such animal any other appraised value shall be excluded. The\ntotal amount receivable by the owner from the net proceeds of the sale\nof the animal and indemnity from the federal government and indemnity\nfrom the state shall, in every case except as otherwise specifically\nlimited by this subdivision, equal but not exceed the full appraised\nvalue of the animal.\n If a bovine animal for which indemnity has not been paid is\nslaughtered at an establishment under state or federal meat inspection\nand the carcass thereof is found upon post mortem examination and\nlaboratory analysis to contain tubercular lesions and such carcass is\ncondemned and destroyed pursuant to state or federal regulations, the\nowner thereof shall be entitled to receive as indemnity four hundred\ndollars for carcasses weighing four hundred pounds or less, and six\nhundred dollars for carcasses weighing more than four hundred pounds.\n 2. No indemnity shall be paid to any person who shall have made any\nfalse representation, oral or written, in applying to the commissioner\nfor an examination of his or her animals, or who shall have violated any\nagreement with the state regarding such animals, entered into pursuant\nto a provision of this chapter, or who shall have failed to comply with\nany instructions or directions given by the commissioner in respect to\nthe control or eradication of any infectious or communicable diseases\namong animals, or who shall have failed to comply with any provision of\nthis article or rule or regulation promulgated pursuant to such article,\nrelating to the prevention, control, suppression or eradication of such\ndisease; provided that indemnity may be allowed when payment is deemed\nby the commissioner to further the public interest in preventing,\ncontrolling, suppressing, or eradicating the disease with respect to\nwhich indemnity is sought.\n 3. If upon post-mortem examination of an equine animal evidence of\nglanders be found, and such animal shall not have exhibited physical\nsymptoms of such disease, indemnity equal to ninety per centum of the\nappraisal value, or so much thereof as shall not exceed the sum of one\nhundred and twenty-five dollars, shall be paid. If the animal shall have\nexhibited such physical symptoms of glanders, indemnity equal to\ntwenty-five per centum of the appraised value, or so much thereof as\nshall not exceed the sum of one hundred and twenty-five dollars, shall\nbe paid.\n 4. No indemnity shall be paid unless the animal, if an equine, shall\nat the time ordered destroyed, have been within the state of New York\nfor at least twelve months; and if a bovine shall at the time ordered\ndestroyed have been within the state for at least three months, except\nthat in the discretion of the commissioner, indemnity may be paid for a\nbovine which has not been within the state three months, provided that\nthe animal at the time of entry into the state was accompanied by a\ntuberculin test chart, authenticated by the chief livestock sanitary\nofficial by whatever name known of the state or province from which the\nanimal was brought, showing that the animal had originated in a herd\nunder official supervision, and that such herd, including the animal in\nquestion, had been subjected to a tuberculin test under the regulations\nof the accredited herd plan and had passed such test negatively within\none year preceding the order of destruction.\n 5. If animals are slaughtered or property destroyed by order of the\ncommissioner to control, suppress or eradicate the disease known as\naphthous fever, or foot and mouth disease, compensation shall be made to\nthe owners of the animals slaughtered or the property destroyed, but not\nmore than two hundred dollars shall be paid on account of any bovine\nanimal.\n 6. In the case of any poultry, or all or part of any flock which has\nbeen exposed to salmonella enteritidis and which the commissioner has\nordered to be slaughtered pursuant to section eighty-five of this\nchapter, the owner shall be entitled to receive, within the amount\nappropriated for such purpose, indemnity for each poultry, in a sum\nequal to the full appraised value of the poultry, or to not more than\nthree dollars per poultry, whichever is less.\n Final payment of state monies due to the owner of poultry slaughtered\nas set forth in this subdivision shall be made within sixty calendar\ndays after the order is signed by the commissioner. In the event payment\nis not made within such period, interest thereafter at the rate of eight\nper centum per annum on the amount of the said monies owed shall be paid\nto the owner in a single lump sum calculated from the end of the sixty\nday period until the final payment is made.\n 7. In the case of any farmed deer, or all or part of any herd which\nhas been exposed to tuberculosis and which the commissioner has ordered\nto be slaughtered pursuant to sections eighty-one and eighty-five of\nthis article, the owner shall be entitled to receive the net proceeds of\nthe sale of the animal, and in addition shall be paid indemnity in the\nsum sufficient to secure to the owner the full appraised value of the\nanimal, but not exceeding the sum of two hundred fifty dollars. The\ntotal amount receivable by the owner from the net proceeds of the sale\nof the animal and indemnity from the federal government and indemnity\nfrom the state shall, in every case except as otherwise specifically\nlimited by this subdivision, equal but not exceed the full appraised\nvalue of the animal.\n Indemnity payments shall be subject to the provisions set forth in\nsection eighty-seven of this article. The amount of indemnity payments\nmade by the state for testing and owner indemnification related to\ntuberculosis in animals by the department shall be limited to the amount\nof funds appropriated for such purposes by the legislature, and,\nnotwithstanding any other provision of law to the contrary, shall\nrepresent fulfillment of the state's obligation for this program.\n For purposes of this subdivision, the term "farmed deer" shall mean\nmembers of family cervidae which are raised and bred in confinement.\n