2002 Legislation
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HOUSE BILL NO. 539 – Big game depredation

HOUSE BILL NO. 539

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Daily Data Tracking History



H0539.........................................by RESOURCES AND CONSERVATION
BIG GAME DEPREDATION - Repeals and adds to existing law to provide for big
game depredation funds; to provide for control of damage by antelope, elk,
deer, moose, black bear, mountain lions, or by grazing wildlife; to provide
a procedure for claims for damage; and to provide for compensation for
damage.
                                                                        
02/01    House intro - 1st rdg - to printing
02/04    Rpt prt - to Res/Con
02/20    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/26    3rd rdg - PASSED - 60-7-3
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Black, Block,
      Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Harwood, Higgins, Hornbeck, Jones,
      Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner,
      Pomeroy, Raybould, Roberts, Sali, Schaefer, Sellman, Shepherd,
      Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood,
      Young
      NAYS -- Bieter, Boe, Henbest, Jaquet, Ridinger, Robison, Smith(33)
      Absent and excused -- Hammond, Martinez, Mr. Speaker
    Floor Sponsor - Roberts
    Title apvd - to Senate
02/27    Senate intro - 1st rdg - to Res/Env

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 539
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FISH AND GAME; REPEALING  SECTION  36-114,  IDAHO  CODE;  AMENDING
  3        CHAPTER  1, TITLE 36, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 36-114,
  4        IDAHO CODE, TO PROVIDE FOR BIG GAME DEPREDATION FUNDS; REPEALING  SECTIONS
  5        36-115 AND 36-1108, IDAHO CODE; AMENDING CHAPTER 11, TITLE 36, IDAHO CODE,
  6        BY  THE ADDITION OF A NEW SECTION 36-1108, IDAHO CODE, TO PROVIDE FOR CON-
  7        TROL OF DAMAGE BY ANTELOPE, ELK, DEER, MOOSE, BLACK BEARS, MOUNTAIN LIONS,
  8        OR BY GRAZING WILDLIFE, TO PROVIDE A PROCEDURE FOR CLAIMS FOR  DAMAGE  AND
  9        TO  PROVIDE  FOR  COMPENSATION  FOR DAMAGE; REPEALING SECTIONS 36-1109 AND
 10        36-1110, IDAHO CODE; AND AMENDING SECTION 36-122, IDAHO CODE, TO DELETE  A
 11        CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section  36-114, Idaho Code, be, and the same is hereby
 14    repealed.
                                                                        
 15        SECTION 2.  That Chapter 1, Title 36, Idaho Code,  be,  and  the  same  is
 16    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 17    ignated as Section 36-114, Idaho Code, and to read as follows:
                                                                        
 18        36-114.  BIG GAME DEPREDATION FUNDS. (1) Nonexpendable Big  Game  Depreda-
 19    tion  Fund.  The nonexpendable big game depredation fund is hereby established
 20    in the state treasury. On July 1, 2002, the state  controller  shall  transfer
 21    two  million two hundred fifty thousand dollars ($2,250,000) from the big game
 22    secondary account to the nonexpendable big game depredation  fund.  The  state
 23    controller  shall  annually,  as  soon after July 1 of each year as practical,
 24    transfer the sum of fifty thousand dollars ($50,000) from the  fish  and  game
 25    account to this fund. Moneys in the fund shall be invested as provided in sec-
 26    tion  67-1210, Idaho Code, and interest earned on investment of idle moneys in
 27    the fund shall be paid to the expendable big game depredation fund. The  prin-
 28    cipal  amount  in  the  fund  shall not be appropriated, but only the interest
 29    earned on investment of the moneys in the fund shall be available  for  appro-
 30    priation.
 31        (2)  Expendable  Big Game Depredation Fund. The expendable big game depre-
 32    dation fund is hereby established in the state  treasury.  On  July  1,  2002,
 33    after  making  the  transfer to the nonexpendable big game depredation fund in
 34    subsection (1) of this  section,  the  state  controller  shall  transfer  all
 35    remaining  balances  in  the  big game secondary account to the expendable big
 36    game depredation fund. On July 1, 2002, the state  controller  shall  transfer
 37    all  balances  remaining  in  the  big game primary depredation account to the
 38    expendable big game depredation fund. Moneys in the fund are subject to appro-
 39    priation for the purposes recited in section  36-1108,  Idaho  Code.  Interest
 40    earned  on investment of idle moneys in the fund shall be paid to the fund. In
 41    addition to any other moneys appropriated to the fund from other sources,  the
 42    state  treasurer shall transfer the earned interest from the nonexpendable big
                                                                        
                                           2
                                                                        
  1    game depredation fund to this fund each month. The department  shall  annually
  2    report  to  the  legislature,  the  division  of financial management, and the
  3    director of the department of agriculture the status  of  the  expendable  big
  4    game depredation fund and the amount available for appropriation.
  5        (a)  Moneys in the fund may be appropriated only to:
  6             (i)   Honor  payment  agreements  made  pursuant  to section 36-1108,
  7             Idaho Code.
  8             (ii)  Make depredation damages payments pursuant to section  36-1108,
  9             Idaho Code.
 10             (iii) Provide  for reimbursement of expenses for members of the advi-
 11             sory committee established in section 36-122, Idaho Code.
 12        (b)  The full amount of any approved claim for damages pursuant to section
 13        36-1108, Idaho Code, will not be paid at the time of approval,  but  shall
 14        be subject to the following conditions and requirements:
 15             (i)   The  director  may  order  not  more than one-half (1/2) of the
 16             amount of the approved claim that is to be paid from the fund  to  be
 17             paid  immediately,  if, in the judgment of the director, such payment
 18             is within the estimated total claims liability for that  fiscal  year
 19             from the fund.
 20             (ii)  The balance of all unpaid approved claim amounts shall be accu-
 21             mulated  to a total as of June 30. If the balance in the fund is suf-
 22             ficient to pay the balance of all approved claims, the director shall
 23             promptly pay them. If the balance is not sufficient to pay  the  bal-
 24             ance  of  all approved claims, the director shall pay a proportionate
 25             share to each claimant.
 26        (c)  The director shall encumber the balance of the moneys in the fund, or
 27        moneys sufficient to pay the approved claims, whichever is the lesser.
 28        (d)  Each claimant must submit a statement of total damages sustained  per
 29        occurrence. For each such statement, the following conditions and require-
 30        ments apply:
 31             (i)   The  amount  of  one thousand dollars ($1,000) must be deducted
 32             from each such statement. This deductible is a net loss to the  owner
 33             or lessee, and will not be compensated for from the fund.
 34             (ii)  Provided however, that for claims in consecutive years, the one
 35             thousand dollar ($1,000) deductible shall be waived:
 36                  1.  For damage or destruction to standing or stored crops in the
 37                  same  location  as the first occurrence if the department failed
 38                  to prevent property loss following the first occurrence.
 39                  2.  For damage or destruction to livestock in more than one  (1)
 40                  occurrence during the fiscal year.
 41                  3.  For  damage or destruction to forage in the same location as
 42                  the first occurrence if the department failed to  prevent  prop-
 43                  erty loss following the first occurrence.
 44        (e)  Each  approved  claim must contain a certification by the director of
 45        the department of fish and game, or his designee, that:
 46             (i)   All statutory requirements leading up to approval  for  payment
 47             have been met.
 48             (ii)  The  claimant  has  certified  that  he  will accept the amount
 49             approved as payment in full for the claim submitted, subject  to  the
 50             conditions and requirements of this subsection.
                                                                        
 51        SECTION 3.  That Sections 36-115 and 36-1108, Idaho Code, be, and the same
 52    are hereby repealed.
                                                                        
 53        SECTION  4.  That  Chapter  11,  Title 36, Idaho Code, be, and the same is
                                                                        
                                           3
                                                                        
  1    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  2    ignated as Section 36-1108, Idaho Code, and to read as follows:
                                                                        
  3        36-1108.  CONTROL OF DAMAGE -- BY ANTELOPE, ELK, DEER OR MOOSE -- BY BLACK
  4    BEAR  OR MOUNTAIN LION -- BY GRAZING WILDLIFE -- COMPENSATION FOR DAMAGES. (1)
  5    Prevention of Depredation Shall be a  Priority  Management  Objective  of  the
  6    Department  of  Fish  and  Game. Landowners shall take all reasonable steps to
  7    prevent property loss from wildlife or to mitigate damages  by  wildlife.  The
  8    department  may  provide  support and assistance, including provision of mate-
  9    rials to design, construct, and maintain fences for  control  of  depredation.
 10    Provided  however,  the  director,  or  his  representative, will consult with
 11    appropriate land management agencies and land users  before  transplanting  or
 12    relocating any black bear or mountain lion.
 13        (2)  Antelope,  Elk,  Deer  or Moose. In the event of actual or threatened
 14    damage or destruction to property by antelope, elk, deer or moose,  the  owner
 15    or lessee of the affected property may report the facts to the director of the
 16    department  of fish and game or his designee. Within seventy-two (72) hours of
 17    the report, the director or his designee shall investigate the facts reported.
 18        (a)  If the director or his designee determines that the  report  is  well
 19        founded, the director may:
 20             (i)   Send  a  representative  onto  the  premises  to control, trap,
 21             and/or remove such animals as will stop the damage to said  property.
 22             Any animals so taken shall remain the property of the state and shall
 23             be turned over to the director.
 24             (ii)  Grant  properly  safeguarded  permission  to the complainant to
 25             control, trap and/or remove such animals. Any animals so taken  shall
 26             remain  the  property  of  the  state and shall be turned over to the
 27             director.
 28             (iii) Make an agreement with the owner or lessee to  allow  continued
 29             use  of  lands  by  the  animals where damage by them has occurred to
 30             stored, growing or matured crops on private property whether owned or
 31             leased. This  agreement  may  be  transacted  only  after  department
 32             attempts to resolve the problem by other means have proven unsuccess-
 33             ful.  The  agreement made under the provisions of this subsection may
 34             provide for financial compensation to the owner or lessee.  If  made,
 35             financial  compensation under the provisions of this subsection shall
 36             be governed by the provisions of  section  36-114,  Idaho  Code,  and
 37             shall  not  be  in  addition to any payments for the same crop losses
 38             from any other source. Compensation for damages under the  provisions
 39             of  this  subsection  shall  be available for damages done to private
 40             lands, whether owned or leased, if the owner or lessee allowed  hunt-
 41             ers reasonable access to the property or through the property to pub-
 42             lic  lands  for hunting purposes during the preceding hunting season.
 43             This provision shall not negate the provisions  of  section  36-1602,
 44             Idaho  Code,  relating  to  the  necessity of obtaining permission to
 45             enter private land. If necessary, the arbitration panel provided  for
 46             in subsection (8) of this section, shall determine the reasonableness
 47             of access allowed.
 48        (b)  In  order  to establish eligibility for submission of claims for dam-
 49        ages, persons suffering crop damages on privately  owned  or  leased  land
 50        caused by antelope, elk, deer or moose must:
 51             (i)   Notify  the department within seventy-two (72) hours of discov-
 52             ery of damage.
 53             (ii)  Follow up verbal notification with a written notice within  ten
 54             (10) days of the discovery of damage.
                                                                        
                                           4
                                                                        
  1             (iii) The  department shall not be held liable or accountable for any
  2             damages occurring more than ten (10) days prior to the initial  noti-
  3             fication  of damage. However, the department may extend the period up
  4             to thirty (30) days under exceptional circumstances.
  5        (c)  The owner or lessee must have allowed hunters  reasonable  access  to
  6        the  property or through the property to public lands for hunting purposes
  7        during the hunting season or the claim for damages shall be disallowed.
  8        (d)  Compensation for crop damages' claims shall not be in addition to any
  9        payments for the same crop losses from any other source.
 10        (e)  For purposes of this subsection, crop damages shall  mean  damage  to
 11        plants grown or stored for profit and shall exclude ornamental plants.
 12        (3)  Black Bear or Mountain Lion. When any black bear or mountain lion has
 13    done  damage  to  or is destroying livestock on public, state or private land,
 14    whether owned or leased, or when any black bear  has  done  damage  to  or  is
 15    destroying  berries  or  honey on private land, for purposes of filing a claim
 16    the owner or his representative shall report such loss to a representative  of
 17    the  U.S.  department  of  agriculture  animal  plant  and  health  inspection
 18    services/animal  damage control (APHIS/ADC) who shall, within seventy-two (72)
 19    hours, investigate the conditions complained of. For purposes of this section,
 20    livestock shall be defined as domestic cattle, sheep and goats. If it  appears
 21    that the complaint is well founded and livestock, berries or honey of the com-
 22    plainant  has  been  damaged or destroyed by such black bear or mountain lion,
 23    APHIS/ADC shall so inform the director or the department's regional office  of
 24    the  extent  of  physical damage or destruction in question. The physical dam-
 25    ages, without establishing a monetary value  thereon,  as  determined  by  the
 26    APHIS/ADC  representative  shall be final, and shall be binding upon the owner
 27    or his representative and on the department.
 28        (4)  Grazing Wildlife. When any grazing wildlife is doing damage to or  is
 29    destroying forage on private lands, whether owned or leased, the owner or les-
 30    see  thereof  may make a complaint and report the facts to the director or his
 31    designee who shall, within seventy-two (72) hours, investigate the  conditions
 32    complained of. If it appears that the complaint is well founded and the forage
 33    is  being or is likely to be damaged or destroyed or consumed by grazing wild-
 34    life, the owner or lessee shall contract with  a  qualified  range  management
 35    consultant  to prepare an estimate of depredation based on his inspection. The
 36    cost of the consultant shall be divided equally between the  owner  or  lessee
 37    and  the department, subject to reapportionment of the costs by an arbitration
 38    panel pursuant to the provisions of subsection (8) of this section. After  the
 39    initial  complaint,  it shall be the responsibility of both the department and
 40    the owner or lessee to jointly  design  and  implement  a  mutually  agreeable
 41    method  of  determining  forage utilization and damage or loss due to wildlife
 42    through the use of exclosure cages or other devices. For purposes of this sub-
 43    section, "forage" shall mean growing or matured  plants  grown  for  livestock
 44    feed.
 45        (5)  The  notice of damages caused pursuant to an incident as set forth in
 46    subsection (2), (3) or (4) of this section, must be in written form, shall  be
 47    in  the form of a claim for damages substantially the same as required by sec-
 48    tion 6-907, Idaho Code, shall be attested to by the claimant under  oath,  and
 49    the claim shall be at least for one thousand dollars ($1,000). The claim shall
 50    not  be  amended after it is filed, provided however, that a claimant may file
 51    an additional claim in the event additional damage occurs subsequent to filing
 52    the initial claim. The department shall prepare and  make  available  suitable
 53    forms  for  notice and claim for damages. Claims may be submitted only for the
 54    fiscal year (July 1 through June 30) in which they occurred. Any  person  sub-
 55    mitting  a  fraudulent  claim  shall be prosecuted for a felony as provided in
                                                                        
                                           5
                                                                        
  1    section 18-2706, Idaho Code.
  2        (6)  Upon receipt by the  department,  the  department  shall  review  the
  3    claim,  and  if  approved,  pay  it as provided in section 36-114, Idaho Code.
  4    Failure on the part of the owner or lessee to allow on-site access for inspec-
  5    tion and investigation of alleged losses shall void the claim for damages.
  6        (7)  In the event the owner or lessee and the department fail to agree  on
  7    the  amount  of  damages within fifteen (15) days of the written claim, either
  8    party may elect to retain the services of an independent  certified  insurance
  9    adjuster  licensed  in  the  state  of Idaho to view the affected property and
 10    determine the amount of damages. The independent certified adjuster shall com-
 11    plete his review and determination within twenty (20) days from the date he is
 12    retained, and will report his determination in writing by  certified  mail  to
 13    the  department  and  to the owner or lessee. Neither the owner or lessee, nor
 14    the department, shall disturb the affected property prior to review and deter-
 15    mination by the independent insurance adjuster. Costs associated with the ser-
 16    vices of the independent insurance adjuster shall be divided  equally  between
 17    the  owner  or  lessee  and  the department, subject to reapportionment of the
 18    costs by an arbitration panel pursuant to the provisions of subsection (8)  of
 19    this section. If the department, or the owner or lessee, reject the determina-
 20    tion  of  the  adjuster,  they  shall notify the other party in writing of the
 21    rejection within five (5) days of receipt of the adjuster's determination.  In
 22    the  event  that either party rejects the adjuster's determination, the provi-
 23    sions of subsection (8) of this section shall apply.
 24        (8)  Within five (5) working days of a rejection of an adjuster's determi-
 25    nation of damages, the director must convene an arbitration panel. To  convene
 26    an arbitration panel, the director must, within five (5) working days, appoint
 27    the department's representative and notify the owner or lessee of the appoint-
 28    ment. The owner or lessee shall, within the next five (5) working days follow-
 29    ing such notice from the department, appoint his representative and notify the
 30    department  of  the  appointment.  Within  the next five (5) working days, the
 31    department representative and the owner or lessee must  mutually  appoint  the
 32    third arbitrator. The arbitration panel shall consist of three (3) members, as
 33    follows:
 34        (a)  The director of the department of fish and game or his designee;
 35        (b)  The owner or his designee, or the lessee or his designee;
 36        (c)  One (1) member selected by the two (2) members above.
 37    The  panel shall convene within thirty (30) days of the selection of the third
 38    arbitrator, and render its decision within fourteen (14) days after the  hear-
 39    ing.  When  convened,  the  arbitration panel shall have the same authority to
 40    make on-site inspections as the department.  The  owner  or  lessee  shall  be
 41    responsible  for  payment of the expenses of his appointee; the director shall
 42    pay the expenses of his appointee from the  expendable  big  game  depredation
 43    fund;  and  the  expenses of the third member shall be divided equally between
 44    the owner or lessee and the department. The panel  shall  consider  the  claim
 45    submitted  by  the  owner or lessee, the estimate of damages determined by the
 46    department, and the determination of the independent insurance  adjuster,  and
 47    shall  select  one  (1) amount as being the closest to the actual damages sus-
 48    tained by the owner or lessee. The panel is authorized  to  review  the  costs
 49    associated  with retaining the independent insurance adjuster and to determine
 50    whether those costs should be borne solely by the owner or lessee, or  by  the
 51    department,  or be apportioned between the owner or lessee and the department.
 52    The arbitration panel shall report its decision in writing to both  the  owner
 53    or  lessee and to the department within ten (10) days of the decision, and the
 54    decision of the panel shall be binding on the owner or lessee and the  depart-
 55    ment.  The fish and game advisory committee shall develop guidelines to govern
                                                                        
                                           6
                                                                        
  1    arbitration procedures in accordance with chapter 52, title 67, Idaho Code.
  2        (9)  Any claim received by the department under the provisions of  subsec-
  3    tion  (5)  of  this  section, and approved in the amount as submitted, must be
  4    processed by the department within sixty (60) calendar days of  receipt.  Pay-
  5    ment  for  claims  must  be  made within forty-five (45) calendar days of such
  6    approval. Any claim damage determination by an independent insurance  adjuster
  7    pursuant  to  subsection (7) of this section, accepted by the department, must
  8    be paid by the department within forty-five (45) calendar days of the determi-
  9    nation. If the claim is arbitrated, the arbitration must be  completed  within
 10    one hundred eighty (180) calendar days of filing the claim for such damages.
 11        (10) All  claims  filed for payment from the big game primary or secondary
 12    depredation accounts pursuant to section 36-1108, 36-1109  or  36-1110,  Idaho
 13    Code, not finalized on or before June 30, 2003, shall be processed pursuant to
 14    this section.
                                                                        
 15        SECTION  5.  That  Sections  36-1109  and 36-1110, Idaho Code, be, and the
 16    same are hereby repealed.
                                                                        
 17        SECTION 6.  That Section 36-122, Idaho Code, be, and the  same  is  hereby
 18    amended to read as follows:
                                                                        
 19        36-122.  ADVISORY COMMITTEE. (a) There is hereby created the fish and game
 20    advisory  committee.  The  committee shall consist of twelve (12) members. Six
 21    (6) members of the committee shall be appointed by the director of the depart-
 22    ment of fish and game to generally represent wildlife interests. Six (6)  mem-
 23    bers  of the committee shall be appointed by the director of the department of
 24    agriculture to generally represent agricultural interests. At the beginning of
 25    each odd-numbered year, the director of the department  of  agriculture  shall
 26    appoint  a chairman from among his appointees, and the director of the depart-
 27    ment of fish and game shall appoint a vice-chairman vice chairman  from  among
 28    his  appointees.  At the beginning of each even-numbered year, the director of
 29    the department of fish and game  shall  appoint  a  chairman  from  among  his
 30    appointees,  and the director of the department of agriculture shall appoint a
 31    vice-chairman vice chairman from among his  appointees.  The  committee  shall
 32    meet at such times as appropriate, but not less frequently than annually.
 33        (b)  All  members  shall  be  appointed  to  serve  three  (3) year terms.
 34    Appointments to fill vacancies  shall be for  the  balance  of  the  unexpired
 35    term.  All  members  shall  be  appointed  by and serve at the pleasure of the
 36    respective directors of the department of agriculture  or  the  department  of
 37    fish  and game. Members shall be compensated as provided in section 59-509(b),
 38    Idaho Code, and such expenses shall be paid from the big game primary depreda-
 39    tion account.
 40        (c)  The department of fish and game shall provide  staff  assistance  and
 41    support for the committee.
 42        (d)  The committee shall have the authority to:
 43        1.  Act as a liaison between the commission, landowners, the department of
 44        agriculture, the department of fish and game, and wildlife, outdoor recre-
 45        ation and sportsmen's organizations;
 46        2.  Act  as  an independent resource to give advice and recommendations on
 47        administration  of  the  programs  authorized  in  sections  36-1108,  and
 48        36-1109, Idaho Code.

Statement of Purpose / Fiscal Impact


	              STATEMENT OF PURPOSE		
                           RS 11841

This legislation combines the big game primary and big game secondary 
depredation accounts and provides for the use of an insurance 
adjuster to reduce disagreements between the Idaho Department of 
Fish and Game and claimants. It changes the percentage of payment 
at the time of approval from 33.3% to 50%, repeals three separate 
sections dealing with various forms of depredation and combines 
them into one section to provide consistency. It adds goats to the 
definition of livestock. The bill establishes a nonexpendable trust 
fund to generate revenues and an expendable fund from which payments 
are to be made. The legislation replaces the annual transfer of 
$200,000 from the fish and game account to the primary depredation 
account with an annual transfer of $50,000 to the nonexpendable big 
game depredation fund. This removes a potential conflict of interest 
the Department may have to pay claims.


                        FISCAL IMPACT


There is no fiscal impact on the general fund. However, there will 
be an increase in claims due to the inclusion of goats and there 
could be a larger portion of claims paid out to claimants due to 
the involvement of an independent insurance adjuster. Amounts paid 
out during the last 5 years from the primary and secondary accounts 
combined averaged $130,500 per year. The depredation fund would 
remain self-sustaining for the next 20 years assuming an annual 4% 
increasing claim level. A periodic review of the $50,000 transfer to 
the nonexpendable trust will be necessary to assure funding into 
perpetuity.



CONTACT
Name:	Representative Ken Roberts
Phone:	332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                   H 539