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H0067........................................................by MR. SPEAKER
Requested by Department of Fish and Game
BIG GAME PRIMARY DEPREDATION ACCOUNT - Amends existing law to reduce the
amount of money transferred from the Fish and Game Account to the Big Game
Primary Depredation Account; to provide for a transfer from the General
Fund; and to provide that certain balances in the Big Game Primary
Depredation Account shall revert equally to the Fish and Game Account and
to the General Fund.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Approp
H0067|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 67 BY MR. SPEAKER Requested by: Department of Fish and Game 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-114, IDAHO CODE, TO REDUCE THE 3 AMOUNT OF MONEY TRANSFERRED FROM THE FISH AND GAME ACCOUNT TO THE BIG GAME 4 PRIMARY DEPREDATION ACCOUNT, TO PROVIDE FOR A TRANSFER FROM THE GENERAL 5 FUND, AND TO PROVIDE THAT CERTAIN BALANCES IN THE BIG GAME PRIMARY DEPRE- 6 DATION ACCOUNT SHALL REVERT EQUALLY TO THE FISH AND GAME ACCOUNT AND THE 7 GENERAL FUND. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 36-114, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 36-114. BIG GAME PRIMARY DEPREDATION ACCOUNT. (a) The big game primary 12 depredation account is hereby established in the state treasury. Moneys in the 13 account are subject to appropriation for the purposes recited in section 14 36-1108, Idaho Code. Interest earned on investment of idle moneys in the 15 account shall be paid to the fish and game account. 16 (b) The state controller shall annually, as soon after July 1 of each 17 year as practical, transfer into the accounttwoone 18 hundred thousand dollars ($21 00,000) from the fish 19 and game account and one hundred thousand dollars ($100,000) from the 20 state general fund . Unexpended and unencumbered balances in the big 21 game primary depredation account existing on June 30 shall revert 22 equally to the fish and game account and the state general fund 23 . 24 (c) Moneys in the account may be appropriated only to: 25 1. Honor payment agreements made pursuant to section 36-1108(a)3., Idaho 26 Code. 27 2. Make depredation damages payments pursuant to section 36-1108(b), 28 Idaho Code. 29 3. Provide for reimbursement of expenses for members of the advisory com- 30 mittee established in section 36-122, Idaho Code. 31 (d) Any payment for damages pursuant to section 36-1108(b), Idaho Code, 32 is limited by the following conditions and requirements: 33 1. The full amount of any approved claim will not be paid at the time of 34 approval, but shall be subject to the following conditions and require- 35 ments: 36 (A) The director may order not more than one-third (1/3) of the 37 amount of the approved claim that is to be paid from the big game 38 primary depredation account to be paid immediately, if, in the judg- 39 ment of the director, such payment is within the estimated total 40 claims liability for that fiscal year from the big game primary dep- 41 redation account. 42 (B) The balance of all unpaid approved claim amounts shall be accu- 43 mulated to a total as of June 30. If the balance in the big game pri- 2 1 mary depredation account is sufficient to pay the balance of all 2 approved claims, the director shall promptly pay them. If the balance 3 is not sufficient to pay the balance of all approved claims, the 4 director shall pay a proportionate share to each claimant. 5 (C) The director shall encumber the balance of the moneys in the 6 account, or moneys sufficient to pay the approved claims, whichever 7 is the lesser. 8 2. Each claimant must submit a statement of total damages sustained per 9 occurrence. For each such statement, the following conditions and require- 10 ments apply: 11 (A) The amount of one thousand dollars ($1,000) must be deducted 12 from each such statement. This deductible is a net loss to the owner 13 or lessee, and will not be compensated for from either the big game 14 primary depredation account or the big game secondary depredation 15 account. 16 (B) The total amount that may be paid from the big game primary dep- 17 redation account shall not exceed nine thousand dollars ($9,000) per 18 approved claim. 19 (C) Approved claims that exceed ten thousand dollars ($10,000) total 20 (one thousand dollars ($1,000) deductible and nine thousand dollars 21 ($9,000) payment from the big game primary depredation account) shall 22 be processed under the provisions of section 36-115, Idaho Code. 23 (D) Approved claims of any amount that involve damage to livestock, 24 berries or honey by black bear or mountain lion shall be processed 25 under the provisions of section 36-115, Idaho Code. 26 (E) Approved claims of any amount that involve damage to forage by 27 antelope, deer, elk or moose shall be processed under the provisions 28 of section 36-115, Idaho Code. 29 3. Each approved claim must contain a certification by the director of 30 the department of fish and game, or his designee, that: 31 (A) All statutory requirements leading up to approval for payment 32 have been met. 33 (B) The claimant has certified that he will accept the amount 34 approved as payment in full for the claim submitted, subject to the 35 conditions and requirements of this subsection.
STATEMENT OF PURPOSE
RS08408
This legislation reduces the transfer of hunting and fishing
license dollars to the Big Game Primary Depredation Account, and
replaces the funds with state general funds. Under this proposal,
the people of the state of Idaho would share the annual expense for
reimbursing depredation claims because wildlife is the property of
all the people in the state instead of just hunters and fishermen
bearing the whole expense.
FISCAL IMPACT
Based on the past three years' experience, the average expense for
the state would be $44,000, and the expense for the Department of
Fish and Game would be reduced to $44,000. The remainder of the
$100,000 transfer would be returned to the respective accounts.
CONTACT
Name: Patric Cudmore
Agency: Department of Fish and Game
Phone: 334-3746
Statement of Purpose/Fiscal Impact H 6