Section 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.