SENATE BILL NO. 1373

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Bill Status



S1373..........................................by RESOURCES AND ENVIRONMENT
GRIZZLY BEAR - Amends existing law relating to fish and game to provide for
the control of property loss and damage by grizzly bears.

02/05    Senate intro - 1st rdg - to printing
02/06    Rpt prt - to Res/Env
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/15    3rd rdg - PASSED - 31-0-4
      AYES -- Andreason, Bair, Bastian, Broadsword, Cameron, Coiner,
      Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond,
      Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Bilyeu, Burkett, Heinrich, Hill
    Floor Sponsor - Siddoway
    Title apvd - to House
02/18    House intro - 1st rdg - to Res/Con
02/28    Rpt out - rec d/p - to 2nd rdg
02/29    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Durst
    Floor Sponsor - Sayler
    Title apvd - to Senate
03/07    To enrol
03/10    Rpt enrol - Pres signed
03/11    Sp signed
03/12    To Governor
03/14    Governor signed
         Session Law Chapter 101
         Effective: 03/14/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1373

                           BY RESOURCES AND ENVIRONMENT COMMITTEE

  1                                        AN ACT
  2    RELATING TO FISH AND GAME; AMENDING SECTION 36-1109, IDAHO  CODE,  TO  PROVIDE
  3        FOR  THE  CONTROL OF PROPERTY LOSS AND DAMAGE BY GRIZZLY BEARS, TO PROVIDE
  4        FOR CONSULTATION WITH CERTAIN AGENCIES AND LANDUSERS PRIOR TO  TRANSPLANT-
  5        ING OR RELOCATING ANY GRIZZLY BEAR, TO PROVIDE A PROCEDURE FOR THE REPORT-
  6        ING  AND  HANDLING  OF  CLAIMS  RELATING  TO CERTAIN DAMAGE OR DESTRUCTION
  7        CAUSED BY GRIZZLY BEARS AND TO DEFINE A TERM; AND DECLARING AN EMERGENCY.

  8    Be It Enacted by the Legislature of the State of Idaho:

  9        SECTION 1.  That Section 36-1109, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:

 11        36-1109.  CONTROL  OF  DAMAGE  BY  BLACK  BEARS, GRIZZLY BEARS OR MOUNTAIN
 12    LIONS -- COMPENSATION FOR DAMAGE. (a) Prevention of  depredation  shall  be  a
 13    priority  management  objective of the department, and it is the obligation of
 14    landowners to take all reasonable steps to prevent property  loss  from  black
 15    bears,  grizzly  bears  or  mountain  lions or to mitigate damage by such. The
 16    director, or his representative, will consult with appropriate land management
 17    agencies and landusers before transplanting  or  relocating  any  black  bear,
 18    grizzly bear or mountain lion.
 19        (b)  When any black bear, grizzly bear or mountain lion has done damage to
 20    or is destroying livestock on public, state, or private land, whether owned or
 21    leased,  or  when  any  black  bear  or  grizzly bear has done damage to or is
 22    destroying berries or honey on private land, the owner or  his  representative
 23    of  such livestock shall, for the purposes of filing a claim, report such loss
 24    to a representative of the U.S. department of  agriculture  animal  plant  and
 25    health inspection services/animal damage control (APHIS/ADC) who shall, within
 26    seventy-two (72) hours, investigate the conditions complained of. For purposes
 27    of  this  section,  livestock  shall be defined as domestic cattle, sheep, and
 28    goats. For purposes of this section, grizzly bear  shall  be  defined  as  any
 29    grizzly  bear  not  protected  by  the  federal  endangered species act. If it
 30    appears that the complaint is well founded and livestock, berries or honey  of
 31    the complainant has been damaged or destroyed by such black bear, grizzly bear
 32    or mountain lion, APHIS/ADC shall so inform the owner or his representative of
 33    the extent of physical damage or destruction in question. The owner shall pro-
 34    vide  the  director  or  the  department's  regional office with the APHIS/ADC
 35    determination of damages or destruction. The physical damages, without  estab-
 36    lishing  a  monetary value thereon, as determined by the APHIS/ADC representa-
 37    tive shall be final, and shall be binding upon the owner or his representative
 38    and on the department.
 39        (c)  Any claim for damages must be in written form, shall be in  the  form
 40    of  a  claim  for damages substantially the same as required in section 6-907,
 41    Idaho Code, shall be attested to by the claimant under  oath,  and  the  claim
 42    shall  be  for  an amount of at least one thousand dollars ($1,000) in damages
 43    per occurrence. The department shall prepare and make available suitable forms

                                       2

  1    for claims for damages. Claims may be submitted only for the fiscal year (July
  2    1 through June 30) in which they occurred. Any person submitting a  fraudulent
  3    claim  shall  be prosecuted for a felony as provided in section 18-2706, Idaho
  4    Code.
  5        1.  Upon receipt by the department, the department shall review the claim,
  6        and if approved, pay it as provided in section 36-115, Idaho Code. Failure
  7        on the part of the owner or representative to allow on-site  access  shall
  8        negate the claim for damages.
  9        2.  If  the  department  accepts the claim for damages as submitted by the
 10        owner or his representative, the department may approve the claim for pay-
 11        ment, or may make a counter offer. If  the  owner  or  his  representative
 12        rejects  the department's counter offer, this rejection or refusal must be
 13        in writing and submitted within five (5) business days. The value  of  the
 14        damage  or  destruction will then be determined pursuant to the provisions
 15        of subsection (b)3. of section 36-1108, Idaho Code, and, in  circumstances
 16        so  provided for by the provisions of subsection (b)3. of section 36-1108,
 17        Idaho Code, pursuant to the provisions  of  subsection  (b)4.  of  section
 18        36-1108, Idaho Code. Any claim received by the department under the provi-
 19        sions  of  this  section  must be processed by the department within sixty
 20        (60) calendar days of receipt. If the claim is approved for  payment,  the
 21        claim  must  be  immediately forwarded to the department of administration
 22        for payment. Any damage claim determination by  an  independent  insurance
 23        adjuster,  accepted  by the parties, must be paid by the department within
 24        forty-five (45) days of the determination. If the claim is arbitrated, the
 25        arbitration must be completed within one hundred eighty (180) days of fil-
 26        ing the claim for such damages.

 27        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 28    declared to exist, this act shall be in full force and effect on and after its
 29    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17642

This bill would amend 36-1109 to include grizzly bears in the program
of compensation for depredation damage, using the same process
currently used for black bears and mountain lions. Grizzly bear
delisting in the Greater Yellowstone Area has transferred management
responsibility to the Idaho Department of Fish and Game. The Idaho
Fish and Game Advisory Committee (Section 36-122, Idaho
Code)recommends that the grizzly bear be included in the department's
depredation program and be covered in the same manner as black bear
depredation. This bill implements the Advisory Committee's
recommendation. This modification only covers grizzly bears that are
not listed under the Endangered Species Act.


                           FISCAL NOTE

There is no fiscal effect to the General Fund. The projected cost to
Fish and Game funds (expendable big game depredation fund, Section 36-
115(e), Idaho Code) is estimated to be from $1,000 to $4,000 annually.
This projection is based on estimates of grizzly bear numbers in Idaho
and estimates of potential depredation. Annual variation in the cost
of depredation compensation could be large because of weather, forage
conditions, and grizzly bear mobility.



Contact
Name: Kent Marlor 
Phone: 208-356-9177


STATEMENT OF PURPOSE/FISCAL NOTE                             S 1373