2331 - Indemnification.

     § 2331.  Indemnification.        (a)  In general.--Whenever a condemned domestic animal,     domestic animal product or other condemned property is     slaughtered or destroyed by order of the department to eradicate     or prevent the spread of dangerous transmissible disease or     contamination by a hazardous substance, the department may     compensate the owner of such domestic animal, domestic animal     product or other condemned property for a portion of the     appraised value of the domestic animal or property and may     compensate a person for cleanup costs and disposal costs or a     portion thereof, provided that such compensation is made in     accordance with this section. Notwithstanding the definition of     "owner" set forth in section 2303 (relating to definitions),     indemnification payments and payments of cleanup costs and     disposal costs made under this section shall be made only to     those persons who have an actual ownership interest in the     domestic animal or other property that is the subject of the     indemnification payment.        (b)  Indemnification limits.--            (1)  The amount of indemnity paid by the department shall        not exceed $2,000 with respect to any individual domestic        animal.            (2)  The amount of indemnity paid by the department with        respect to domestic animals condemned under authority of this        chapter shall not exceed the sum of $200,000 for any group of        domestic animals, regardless of the number of owners having        domestic animals within such group of condemned domestic        animals.            (3)  The maximum amount of indemnity paid by the        department shall not exceed 67% of the appraised value of the        condemned domestic animal, domestic animal product or other        condemned property for which indemnification is sought.            (4)  The amount of indemnity paid by the department to        the owner of domestic animals condemned under authority of        this chapter plus the salvage value and the value of        indemnity payments received from any other source shall not        exceed 90% of the appraised value of such domestic animals.            (5)  The amount of indemnity which the department may pay        under this section shall be limited by the availability of        funds for this purpose.            (6)  Funds for indemnification under this section may not        be paid by the department to indemnify owners of condemned        cats and dogs.        (b.1)  Cleanup costs and disposal costs.--            (1)  The department may pay cleanup costs and disposal        costs incurred on or after October 1, 2001, but prior to the        effective date of this subsection if the cleanup and disposal        activities generating the costs are agreed upon in writing        between the department and the person incurring the costs.            (2)  The department may pay cleanup costs and disposal        costs incurred on or after the effective date of this        subsection if the cleanup and disposal activities generating        the costs are agreed upon in writing between the department        and the person incurring the costs in advance of the        performance of the activities.            (3)  The amount of cleanup costs and disposal costs which        the department may pay under this section shall be limited by        the availability of funds for this purpose.        (c)  Forfeiture.--A person shall not be eligible for any     indemnity payment, depopulation incentive payment, cleanup cost     payment or disposal cost payment under this chapter for any     domestic animal, group of domestic animals, domestic animal     product or other article if such person has been determined by     the department to have committed a violation of any provision of     this chapter or order, rule or regulation adopted under     authority of this chapter that has resulted in the condemnation     for which indemnity would be paid. A person shall not be     eligible for any indemnity payment, depopulation incentive     payment, cleanup cost payment or disposal cost payment with     respect to any domestic animal or group of domestic animals     having a condition of disease or contamination which the     department has determined to have been directly caused by the     person's willful misuse of a pesticide or a hazardous substance.        (d)  Appraisal.--Whenever the department condemns domestic     animals, domestic animal products or other articles, the value     of such animals, products and articles shall be appraised. No     domestic animal that is dead shall be appraised, and no     indemnity shall be payable for such domestic animal, except that     a domestic animal that dies after condemnation by the department     may be appraised on the basis of its condition at the time of     condemnation and indemnity may be paid with respect to such a     domestic animal. The department shall determine the appraised     value of the condemned domestic animal, products or articles     taking into consideration the current market values, age of the     animal, physical condition of the animal, its condition as to     disease, nature and extent of disease, breeding value, milk     production value, salvage value of the animal and any other     factors which may influence value. If the department and the     owner of the condemned domestic animals, domestic animal     products or other articles are unable to agree on the appraised     value of the domestic animals, products or articles, then the     department and the owner may appoint a mutually agreeable     appraiser to determine the appraised value. Costs of such an     appraisal shall be borne by the owner. In the absence of such a     mutually agreeable appraiser, the department's determination of     the appraised value shall control.        (e)  Disposal of condemned domestic animal.--A domestic     animal that has been condemned by the department and is eligible     for indemnity under this chapter shall be disposed of by the     owner, under the supervision of the department, in accordance     with the laws of this Commonwealth and regulations adopted by     the department. When condemned domestic animals are approved by     the department for salvage, the salvage value shall be paid     directly to the owner by the buyer of the live domestic animal     or the buyer of the carcass, hide, offal or other by-product.     The buyer shall promptly present an itemized statement of the     salvage value to the department to determine the amount, if any,     due from the department to the owner.     (Dec. 9, 2002, P.L.1495, No.190, eff. imd.)        2002 Amendment.  Act 190 amended subsecs. (a) and (c) and     added subsec. (b.1). Section 7 of Act 190 provided that the     amendment shall apply to cleanup costs and disposal costs     incurred on or after October 1, 2001.        Cross References.  Section 2331 is referred to in sections     2333, 2334 of this title.