S T A T E   O F   N E W   Y O R K
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                                  4489

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced by M. of A. MARKEY -- read once and referred to the Committee
  on Agriculture

AN  ACT  to  amend  the  agriculture and markets law, in relation to the
  examination of cattle for bovine spongiform encephalopathy or mad  cow
  disease

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The agriculture and markets law is amended by adding a  new
section 89-a to read as follows:
  S 89-A. EXAMINATION  OF  CATTLE  FOR  BOVINE SPONGIFORM ENCEPHALOPATHY
DISEASE.  1. THE COMMISSIONER, WITHIN THE AMOUNTS APPROPRIATED FOR  SUCH
PURPOSE,  MAY CAUSE AN APPROPRIATE TEST FOR ASCERTAINING THE PRESENCE OR
ABSENCE OF BOVINE SPONGIFORM ENCEPHALOPATHY, COMMONLY KNOWN AS AND HERE-
AFTER TERMED "MAD COW DISEASE," TO BE MADE BY COMPETENT  AND  AUTHORIZED
VETERINARIANS.  IF,  FROM SUCH EXAMINATION OR TEST, ANY ANIMAL BE DEEMED
BY THE COMMISSIONER TO BE INFECTED WITH  MAD  COW  DISEASE  SUCH  ANIMAL
SHALL BE DISPOSED OF AS THE COMMISSIONER MAY PRESCRIBE.
  2.  NO  ANIMAL  SHOWING EVIDENCE OF MAD COW DISEASE AS A RESULT OF THE
OFFICIAL TEST SHALL BE SOLD.  NO SUCH ANIMAL SHALL BE REMOVED  FROM  THE
PREMISES  WHERE  EXAMINED,  OR  FROM ANY OTHER PREMISES, EXCEPT UPON THE
WRITTEN PERMISSION OF THE COMMISSIONER. NO SUCH ANIMAL SHALL BE  SLAUGH-
TERED  EXCEPT  UNDER THE SUPERVISION OF A VETERINARIAN DESIGNATED BY THE
COMMISSIONER AS PROVIDED IN SECTION EIGHTY-SIX OF THIS ARTICLE.
  3. IN THE CASE OF A  BOVINE  ANIMAL  KILLED  ON  ACCOUNT  OF  POSITIVE
REACTION  TO  MAD COW DISEASE, THE OWNER SHALL, IN THE DISCRETION OF THE
COMMISSIONER, AND WITHIN THE AMOUNT APPROPRIATED FOR  SUCH  PURPOSE,  BE
ENTITLED  TO RECEIVE INDEMNITY IN A SUM EQUAL TO SEVENTY-FIVE PERCENT OF
THE DIFFERENCE BETWEEN THE FULL APPRAISED VALUE OF THE  ANIMAL  AND  THE
TOTAL  OF  THE AMOUNTS RECEIVED BY THE OWNER FROM THE FEDERAL GOVERNMENT
AS INDEMNITY AND FROM THE SALE OF THE ANIMAL AS SALVAGE, BUT NOT EXCEED-
ING THE SUM OF ONE THOUSAND FIVE HUNDRED DOLLARS FOR A  REGISTERED  PURE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08488-01-1
              

A. 4489                             2

BRED  ANIMAL  AND  NOT EXCEEDING THE SUM OF FIVE HUNDRED DOLLARS FOR ANY
OTHER BOVINE ANIMAL.
  THE  COMMISSIONER  MAY, IN HIS OR HER DISCRETION AT THE REQUEST OF THE
OWNER, ORDER THE SLAUGHTER OF NON-REACTOR ANIMALS IF  SUCH  COMMISSIONER
FINDS  THAT  THEY HAVE BEEN EXPOSED TO MAD COW DISEASE AS A MEMBER OF AN
INFECTED HERD AND THAT THE ENTIRE HERD SHOULD BE DEPOPULATED TO  CONTROL
THE  SPREAD OF THE DISEASE. IN SUCH CASE, THE OWNER SHALL BE ENTITLED TO
RECEIVE, WITHIN THE AMOUNT APPROPRIATED FOR SUCH PURPOSE,  INDEMNITY  IN
AN  AMOUNT  EQUAL  TO THE DIFFERENCE BETWEEN THE FULL APPRAISED VALUE OF
THE ANIMAL AND THE TOTAL OF THE AMOUNTS RECEIVED BY THE OWNER  FROM  THE
FEDERAL  GOVERNMENT  AS  INDEMNITY  AND  FROM  THE SALE OF THE ANIMAL AS
SALVAGE, BUT NOT EXCEEDING THE SUM OF THREE HUNDRED DOLLARS FOR A REGIS-
TERED PURE BRED ANIMAL OR ONE HUNDRED SEVENTY-FIVE DOLLARS FOR ANY OTHER
BOVINE ANIMAL.
  THE COMMISSIONER MAY, IN HIS OR HER DISCRETION, ORDER THE SLAUGHTER OF
ANY ANIMAL, OR OF ALL OR PART OF ANY HERD, WHICH SUCH COMMISSIONER FINDS
HAS BEEN EXPOSED TO MAD COW DISEASE BY ASSOCIATION WITH A POSITIVE REAC-
TOR OR BY ANY OTHER MANNER OF EXPOSURE WHICH SUCH COMMISSIONER FINDS MAY
MAKE THE ANIMAL OR HERD LIABLE TO CONTRACT OR COMMUNICATE  THE  DISEASE.
IN  SUCH CASE, THE OWNER SHALL BE ENTITLED TO RECEIVE, WITHIN THE AMOUNT
APPROPRIATED FOR SUCH PURPOSE, INDEMNITY FOR EACH REACTOR ANIMAL AND FOR
EACH NON-REACTOR ANIMAL AS SET FORTH  IN  THIS  SUBDIVISION  UNLESS  THE
COMMISSIONER  FINDS  THAT SUCH OWNER HAS FAILED TO COMPLY WITH ANY LAWS,
RULES OR REGULATIONS.
  FINAL PAYMENT OF STATE MONEYS DUE THE OWNER OF ANIMALS 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 MONEYS 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.
  FOR  PURPOSES  OF THIS SECTION, THE TERM "REGISTERED PURE BRED ANIMAL"
SHALL INCLUDE A PURE BRED ANIMAL LESS  THAN  THREE  YEARS  OF  AGE,  NOT
REGISTERED BUT ELIGIBLE FOR REGISTRY, FOR WHICH APPLICATION FOR REGISTRY
HAS BEEN DULY MADE PRIOR TO THE APPRAISAL. PURE BRED ANIMALS THREE YEARS
OF  AGE  OR  OVER,  NOT  REGISTERED  AT  THE TIME OF APPRAISAL, SHALL BE
APPRAISED AT GRADE VALUE.
  4. NO INDEMNITY SHALL BE PAID UNLESS THE ANIMAL  SHALL,  AT  THE  TIME
ORDERED DESTROYED, HAVE BEEN WITHIN THE STATE FOR AT LEAST THREE MONTHS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized and directed to be made and completed on or before such date.