§ 88. Indemnity. The following provisions shall govern the payment of
indemnity to owners of animals killed pursuant to the provisions of this
article:

1. In the case of a bovine animal so killed to prevent the spread of
tuberculosis, the owner shall be entitled to receive the net proceeds of
the sale of the animal, and in addition thereto shall be paid indemnity
in a sum sufficient to secure to the owner the full appraised value of
the animal, but not exceeding the sum of six hundred dollars for a
registered pure bred animal or for a pure bred animal less than three
years of age, not registered but eligible for registry, for which a
reasonable time shall be granted for the presentation of registration
papers to the department, and not exceeding the sum of five hundred
dollars for any other bovine animal. In the case of a pure bred animal
three years of age or over not registered at the time of appraisal, such
animals shall be appraised at grade value, and in computing indemnity to
be paid for such animal any other appraised value shall be excluded. The
total amount receivable by the owner from the net proceeds of the sale
of the animal and indemnity from the federal government and indemnity
from the state shall, in every case except as otherwise specifically
limited by this subdivision, equal but not exceed the full appraised
value of the animal.

If a bovine animal for which indemnity has not been paid is
slaughtered at an establishment under state or federal meat inspection
and the carcass thereof is found upon post mortem examination and
laboratory analysis to contain tubercular lesions and such carcass is
condemned and destroyed pursuant to state or federal regulations, the
owner thereof shall be entitled to receive as indemnity four hundred
dollars for carcasses weighing four hundred pounds or less, and six
hundred dollars for carcasses weighing more than four hundred pounds.

2. No indemnity shall be paid to any person who shall have made any
false representation, oral or written, in applying to the commissioner
for an examination of his or her animals, or who shall have violated any
agreement with the state regarding such animals, entered into pursuant
to a provision of this chapter, or who shall have failed to comply with
any instructions or directions given by the commissioner in respect to
the control or eradication of any infectious or communicable diseases
among animals, or who shall have failed to comply with any provision of
this article or rule or regulation promulgated pursuant to such article,
relating to the prevention, control, suppression or eradication of such
disease; provided that indemnity may be allowed when payment is deemed
by the commissioner to further the public interest in preventing,
controlling, suppressing, or eradicating the disease with respect to
which indemnity is sought.

3. If upon post-mortem examination of an equine animal evidence of
glanders be found, and such animal shall not have exhibited physical
symptoms of such disease, indemnity equal to ninety per centum of the
appraisal value, or so much thereof as shall not exceed the sum of one
hundred and twenty-five dollars, shall be paid. If the animal shall have
exhibited such physical symptoms of glanders, indemnity equal to
twenty-five per centum of the appraised value, or so much thereof as
shall not exceed the sum of one hundred and twenty-five dollars, shall
be paid.

4. No indemnity shall be paid unless the animal, if an equine, shall
at the time ordered destroyed, have been within the state of New York
for at least twelve months; and if a bovine shall at the time ordered
destroyed have been within the state for at least three months, except
that in the discretion of the commissioner, indemnity may be paid for a
bovine which has not been within the state three months, provided that
the animal at the time of entry into the state was accompanied by a
tuberculin test chart, authenticated by the chief livestock sanitary
official by whatever name known of the state or province from which the
animal was brought, showing that the animal had originated in a herd
under official supervision, and that such herd, including the animal in
question, had been subjected to a tuberculin test under the regulations
of the accredited herd plan and had passed such test negatively within
one year preceding the order of destruction.

5. If animals are slaughtered or property destroyed by order of the
commissioner to control, suppress or eradicate the disease known as
aphthous fever, or foot and mouth disease, compensation shall be made to
the owners of the animals slaughtered or the property destroyed, but not
more than two hundred dollars shall be paid on account of any bovine
animal.

6. In the case of any poultry, or all or part of any flock which has
been exposed to salmonella enteritidis and which the commissioner has
ordered to be slaughtered pursuant to section eighty-five of this
chapter, the owner shall be entitled to receive, within the amount
appropriated for such purpose, indemnity for each poultry, in a sum
equal to the full appraised value of the poultry, or to not more than
three dollars per poultry, whichever is less.

Final payment of state monies due to the owner of poultry slaughtered
as set forth in this subdivision shall be made within sixty calendar
days after the order is signed by the commissioner. In the event payment
is not made within such period, interest thereafter at the rate of eight
per centum per annum on the amount of the said monies owed shall be paid
to the owner in a single lump sum calculated from the end of the sixty
day period until the final payment is made.

7. In the case of any farmed deer, or all or part of any herd which
has been exposed to tuberculosis and which the commissioner has ordered
to be slaughtered pursuant to sections eighty-one and eighty-five of
this article, the owner shall be entitled to receive the net proceeds of
the sale of the animal, and in addition shall be paid indemnity in the
sum sufficient to secure to the owner the full appraised value of the
animal, but not exceeding the sum of two hundred fifty dollars. The
total amount receivable by the owner from the net proceeds of the sale
of the animal and indemnity from the federal government and indemnity
from the state shall, in every case except as otherwise specifically
limited by this subdivision, equal but not exceed the full appraised
value of the animal.

Indemnity payments shall be subject to the provisions set forth in
section eighty-seven of this article. The amount of indemnity payments
made by the state for testing and owner indemnification related to
tuberculosis in animals by the department shall be limited to the amount
of funds appropriated for such purposes by the legislature, and,
notwithstanding any other provision of law to the contrary, shall
represent fulfillment of the state's obligation for this program.

For purposes of this subdivision, the term "farmed deer" shall mean
members of family cervidae which are raised and bred in confinement.