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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 That Section 36-114, Idaho Code, be, and the same is hereby 14 repealed. 15 SECTION 2.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 avice-chairmanvice 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 31vice-chairmanvice 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 sections36-1108,and4836-1109,Idaho Code.
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