§142-22  Anaplasmosis; indemnity forslaughtered cattle.  The department of agriculture may pay indemnities toowners of cattle sent to slaughter as reactors to the anaplasmosis test.  Thepayment shall be in the amount of one-third of the difference between theappraised value of each animal slaughtered and the value of the salvage valuethereof to owners of cattle reacting positively to the anaplasmosis test andsent to slaughter within thirty days of official notification in writing of thereaction; provided that in no case shall this amount exceed $100 per animal;and provided further that no indemnity shall be paid for steers, spayedheifers, or unregistered bulls.

The department may agree with the owner of anyanimal as to the valuation thereof.  In case no agreement can be reached as tothe valuation of any animal, the department shall choose some disinterestedcitizen, the owner another, and the two so chosen shall designate a third, thethree to act as appraisers who shall appraise such animal and whose decision orthe decision of a majority thereof shall be final.  All appraisals of cattleunder this section, whether by agreement or by the appraisers, shall be basedupon the market value of the animal so condemned on the day of appraisal,whether for breeding purposes or for milk production.  All appraisals shall besigned by the owner and the appraisers and shall be reported to thedepartment.  Compensation for appraisers shall be $10 per day and theirnecessary traveling expenses, which compensation shall be borne by the owner incase the appraisers fail to increase the valuation made by the department;otherwise the appraisers shall be paid by the department.

The amount of indemnification having been thusascertained, the owner may present to the state comptroller a claim against theState therefor.  A warrant for the payment of the claim shall be made uponvouchers approved by the department and supported by the inspector's report;provided that no indemnification shall be paid:

(1)  Unless the owner has cooperated with thedepartment in complying with all rules and regulations issued by the departmentrelative to the control and eradication of anaplasmosis and has presented theowner's whole herd for testing;

(2)  For any animal which has been placed in herdsknown to be infected at the time;

(3)  For any imported animal condemned on retest whilein quarantine and before release from quarantine;

(4)  On any animal if introduced into a herd undersupervision within a period of less than six months prior to condemnation,unless the animal was obtained from a herd under state and federal supervisionfor the eradication of anaplasmosis;

(5)  For any animal condemned for anaplasmosis in anyherd under supervision where it appears that any untested animal has beenallowed to mingle or mix with the herd; and

(6)  For any animal from any herd under supervision,if any animal from the herd is allowed to mingle or come in contact with othercattle not under supervision, unless the cattle not under supervision areproven by the anaplasmosis test to be free from anaplasmosis. [L 1955, c 244,§2; RL 1955, §20-22.5; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, §22; am L1961, c 132, §2; HRS §142-22; gen ch 1985]