2000 Legislation
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HOUSE BILL NO. 479, As Amended – Big Game Depredatn Acct, deductible

HOUSE BILL NO. 479, As Amended

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Daily Data Tracking History



H0479aa.......................................by RESOURCES AND CONSERVATION
BIG GAME DEPREDATION ACCOUNT - Amends existing law to reduce the deductible
on each statement for a claim from the Big Game Primary or Secondary
Depredation Account from one thousand dollars to five hundred dollars.
                                                                        
02/02    House intro - 1st rdg - to printing
02/03    Rpt prt - to Res/Con
03/01    Rpt out - to Gen Ord
03/03    Rpt out amen - to engros
03/06    Rpt engros - 1st rdg - to 2nd rdg as amen
03/07    2nd rdg - to 3rd rdg as amen
03/13    3rd rdg as amen - PASSED - 66-1-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Cheirrett, Clark, Crow, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Taylor, Trail, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Chase
      Absent and excused -- Hansen(29), Jones, Tilman
    Floor Sponsors - Campbell, Wood
    Title apvd - to Senate
03/14    Senate intro - 1st rdg as amen - to Res/Env

Bill Text


 H0479
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 479, As Amended
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO BIG GAME DEPREDATION ACCOUNTS AND  CLAIMS  FOR  DAMAGES;  AMENDING
  3        SECTION 36-114, IDAHO CODE, TO REDUCE THE DEDUCTIBLE ON EACH STATEMENT FOR
  4        A  CLAIM  FROM ONE THOUSAND DOLLARS TO FIVE HUNDRED DOLLARS; AMENDING SEC-
  5        TION 36-115, IDAHO CODE, TO REDUCE THE DEDUCTIBLE ON EACH STATEMENT FOR  A
  6        CLAIM  FROM  ONE  THOUSAND  DOLLARS  TO FIVE HUNDRED DOLLARS AND TO MAKE A
  7        TECHNICAL CORRECTION; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  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 account two hundred thousand dollars
 18    ($200,000) from the fish and game account. Unexpended  and  unencumbered  bal-
 19    ances  in  the  big game primary depredation account existing on June 30 shall
 20    revert to the fish and game account.
 21        (c)  Moneys in the account may be appropriated only to:
 22        1.  Honor payment agreements made pursuant to section 36-1108(a)3.,  Idaho
 23        Code.
 24        2.  Make  depredation  damages  payments  pursuant  to section 36-1108(b),
 25        Idaho Code.
 26        3.  Provide for reimbursement of expenses for members of the advisory com-
 27        mittee established in section 36-122, Idaho Code.
 28        (d)  Any payment for damages pursuant to section 36-1108(b),  Idaho  Code,
 29    is limited by the following conditions and requirements:
 30        1.  The  full amount of any approved claim will not be paid at the time of
 31        approval, but shall be subject to the following  conditions  and  require-
 32        ments:
 33             (A)  The  director  may  order  not  more than one-third (1/3) of the
 34             amount of the approved claim that is to be paid  from  the  big  game
 35             primary  depredation account to be paid immediately, if, in the judg-
 36             ment of the director, such payment  is  within  the  estimated  total
 37             claims  liability for that fiscal year from the big game primary dep-
 38             redation account.
 39             (B)  The balance of all unpaid approved claim amounts shall be  accu-
 40             mulated to a total as of June 30. If the balance in the big game pri-
 41             mary  depredation  account  is  sufficient  to pay the balance of all
 42             approved claims, the director shall promptly pay them. If the balance
 43             is not sufficient to pay the balance  of  all  approved  claims,  the
                                                                        
                                           2
                                                                        
  1             director shall pay a proportionate share to each claimant.
  2             (C)  The  director  shall  encumber  the balance of the moneys in the
  3             account, or moneys sufficient to pay the approved  claims,  whichever
  4             is the lesser.
  5        2.  Each  claimant  must submit a statement of total damages sustained per
  6        occurrence. For each such statement, the following conditions and require-
  7        ments apply:
  8             (A)  The amount of one thousand five hundred dollars  ($1,0500)  must
  9             be  deducted  from each such statement. This deductible is a net loss
 10             to the owner or lessee,  and will not be compensated for from  either
 11             the  big  game  primary depredation account or the big game secondary
 12             depredation account.
 13             (B)  The total amount that may be paid from the big game primary dep-
 14             redation account shall not exceed nine thousand five hundred  dollars
 15             ($9,0500) per approved claim.
 16             (C)  Approved claims that exceed ten thousand dollars ($10,000) total
 17             (one  thousand  five  hundred  dollars  ($1,0500) deductible and nine
 18             thousand five hundred dollars ($9,0500) payment  from  the  big  game
 19             primary  depredation account) shall be processed under the provisions
 20             of section 36-115, Idaho Code.
 21             (D)  Approved claims of any amount that involve damage to  livestock,
 22             berries  or  honey  by black bear or mountain lion shall be processed
 23             under the provisions of section 36-115, Idaho Code.
 24             (E)  Approved claims of any amount that involve damage to  forage  by
 25             antelope,  deer, elk or moose shall be processed under the provisions
 26             of section 36-115, Idaho Code.
 27        3.  Each approved claim must contain a certification by  the  director  of
 28        the department of fish and game, or his designee, that:
 29             (A)  All  statutory  requirements  leading up to approval for payment
 30             have been met.
 31             (B)  The claimant has  certified  that  he  will  accept  the  amount
 32             approved  as  payment in full for the claim submitted, subject to the
 33             conditions and requirements of this subsection.
                                                                        
 34        SECTION 2.  That Section 36-115, Idaho Code, be, and the  same  is  hereby
 35    amended to read as follows:
                                                                        
 36        36-115.  BIG  GAME SECONDARY DEPREDATION ACCOUNT. (a) The big game second-
 37    ary depredation account is hereby created in the state treasury. Moneys in the
 38    account are subject to appropriation  for  the  purposes  recited  in  section
 39    36-1108(b),  Idaho  Code,  section  36-114(d), Idaho Code, section 36-1109 and
 40    section 36-1110, Idaho Code. Moneys in the account shall be invested  as  pro-
 41    vided  in  section  67-1210,  Idaho Code, and interest earned on investment of
 42    idle moneys in the account shall be paid to the account. The big game  second-
 43    ary  depredation  account  shall  be under the administrative direction of the
 44    state controller.
 45        (b)  In addition to any moneys appropriated  to  the  account  from  other
 46    sources, the state controller shall transfer the earned interest not to exceed
 47    two  hundred  and  fifty  thousand  dollars  ($250,000) from the fish and game
 48    account to the big game secondary depredation account each fiscal year until a
 49    total of one million two hundred fifty thousand dollars ($1,250,000) has  been
 50    transferred to the account.
 51        (c)  The  principal  amount  in the account shall not be appropriated, but
 52    only the interest earned on investment of the moneys in the account  shall  be
 53    available for appropriation. The state controller shall annually report to the
                                                                        
                                           3
                                                                        
  1    legislature, the division of financial management, the director of the depart-
  2    ment  of  agriculture  and the director of the department of fish and game the
  3    amount of interest earnings and the availability of such earnings  for  appro-
  4    priation. However, should the balance in the account ever exceed three million
  5    dollars  ($3,000,000),  interest  earnings that exceed the amount appropriated
  6    for any fiscal year shall be  transferred  to  the  fish  and  game  set-aside
  7    account  for habitat rehabilitation. Transferred funds shall be spent pursuant
  8    to an appropriation for the set-aside account.
  9        (d)  Any  payment  for  damages  pursuant  to  sections   36-1108(b)   and
 10    36-114(d),  Idaho  Code,  is  limited by the following conditions and require-
 11    ments:
 12        1.  The full amount of any approved claim will not be paid at the time  of
 13        approval,  but  shall  be subject to the following conditions and require-
 14        ments:
 15             (A)  The director of the department of fish and game  may  order  not
 16             more than one-third (1/3) of the amount of the approved claim that is
 17             to be paid from the big game secondary depredation account to be paid
 18             immediately,  if,  in  the  judgment of the director, such payment is
 19             within the estimated total claims liability for that fiscal year from
 20             the big game secondary depredation account.
 21             (B)  The balance of all  unpaid  approved  claim  amounts,  including
 22             claims  submitted  under  the  provisions  of  sections  36-1109  and
 23             36-1110,  Idaho  Code, shall be accumulated to a total as of June 30.
 24             If the balance in the big game secondary depredation  account  appro-
 25             priation is sufficient to pay the balance of all approved claims, the
 26             director  shall pay them. If the balance is not sufficient to pay all
 27             approved claims, the director shall authorize a proportionate  amount
 28             to  be  paid  to  each  claimant. However, claims filed under section
 29             36-1108, Idaho Code, shall have priority and will be  paid  prior  to
 30             claims filed under sections 36-1109 and 36-1110, Idaho Code.
 31             (C)  The  director  shall encumber the balance of moneys appropriated
 32             from the big game secondary depredation account, or moneys sufficient
 33             to pay the approved claims, whichever is the lesser.
 34        2.  Each claimant must submit a statement of total damages  sustained  per
 35        occurrence. For each such statement, the following conditions and require-
 36        ments apply:
 37             (A)  The  amount  of one thousand five hundred dollars ($1,0500) must
 38             be deducted from each such statement. This deductible is a  net  loss
 39             to  the  owner or lessee, and will not be compensated for from either
 40             the big game primary depredation account or from the big game second-
 41             ary depredation account, but the  owner  or  lessee  is  required  to
 42             absorb  only  a  single  one  thousand  five hundred dollar ($1,0500)
 43             deductible per claim, whether the claim is paid solely from  the  big
 44             game primary depredation account or from both depredation accounts.
 45        3.  Each  approved  claim  must contain a certification by the director of
 46        the department of fish and game, or his designee, that:
 47             (A)  All statutory requirements leading up to  approval  for  payment
 48             have been met.
 49             (B)  The  claimant  has  certified  that  he  will  accept the amount
 50             approved as payment in full for the claim submitted, subject  to  the
 51             conditions and requirements of this subsection.
 52        (e)  Any  claim  for  damages  pursuant to section 36-1109, Idaho Code, is
 53    limited by the following conditions and requirements:
 54        1.  The full amount of any approved claim will not be paid at the time  of
 55        approval,  but  shall  be subject to the following conditions and require-
                                                                        
                                           4
                                                                        
  1        ments:
  2             (A)  The director of the department of fish and game may  order  that
  3             not  more than one-third (1/3) of the amount of the approved claim to
  4             be paid immediately, if, in the judgment of the  director, such  pay-
  5             ment  is  within the estimated total claims liability for that fiscal
  6             year from the big game secondary depredation account.
  7             (B)  The balance of all unpaid approved claim amounts shall be  accu-
  8             mulated to a total as of June 30. If the balance in the big game sec-
  9             ondary  depredation  account  appropriation  is sufficient to pay all
 10             approved claims, the director shall promptly pay them. If the balance
 11             is not sufficient to pay the balance  of  all  approved  claims,  the
 12             director  shall pay a proportionate share to each claimant.  However,
 13             claims filed under section  36-1108, Idaho Code, shall have  priority
 14             and  will  be  paid  prior to claims filed under sections 36-1109 and
 15             36-1110, Idaho Code.
 16             (C)  The director shall encumber the balance of the appropriation, or
 17             moneys sufficient to  pay  the  approved  claims,  whichever  is  the
 18             lesser.
 19        2.  Each  claimant  must submit a statement of total damages sustained per
 20        occurrence. For each such statement, the following condition applies:  the
 21        amount  of  one  thousand  five hundred dollars ($1,0500) must be deducted
 22        from each such statement. This deductible is a net loss to  the  owner  or
 23        caretaker,  and  will  not  be compensated for from the big game secondary
 24        depredation account.
 25        3.  Each approved claim must contain a certification by  the  director  of
 26        the department of fish and game, or his designee, that:
 27             (A)  All  statutory  requirements  leading up to approval for payment
 28             have been met.
 29             (B)  The claimant has  certified  that  he  will  accept  the  amount
 30             approved  as  payment in full for the claim submitted, subject to the
 31             conditions and requirements of this subsection.
 32        (f)  Any claim for damages to forage pursuant to  section  36-1110,  Idaho
 33    Code, is limited by the following conditions and requirements:
 34        1.  The  full amount of any approved claim will not be paid at the time of
 35        approval, but shall be subject to the following  conditions  and  require-
 36        ments:
 37             (A)  The  director  of  the department of fish and game may order not
 38             more than one-third (1/3) of the amount of the approved claim  to  be
 39             paid  immediately,  if, in the judgment of the director, such payment
 40             is within the estimated total claims liability for that  fiscal  year
 41             from the big game secondary depredation 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 sec-
 44             ondary depredation account appropriation is  sufficient  to  pay  all
 45             approved  claims,  the director shall pay them. If the balance is not
 46             sufficient to pay all approved claims, the director shall authorize a
 47             proportionate amount to be paid to each  claimant.   However,  claims
 48             filed under section 36-1108, Idaho Code, shall have priority and will
 49             be  paid  prior  to  claims filed under sections 36-1109 and 36-1110,
 50             Idaho Code.
 51             (C)  The director shall encumber the balance of the appropriation, or
 52             moneys sufficient to  pay  the  approved  claims,  whichever  is  the
 53             lesser.
 54        2.  Each  claimant  must submit a statement of total damages sustained per
 55        occurrence. For such statement, the following conditions and  requirements
                                                                        
                                           5
                                                                        
  1        apply:
  2             (A)  The  amount  of one thousand five hundred dollars ($1,0500) must
  3             be deducted from each statement. This deductible is a net loss to the
  4             owner or lessee, and will not be compensated for from  the  big  game
  5             secondary depredation account.
  6             (B)  The total amount of all claims for damages to forage that may be
  7             paid from the big game secondary depredation account shall not exceed
  8             twenty-five  per  cent percent (25%) of the amount of interest earned
  9             from investments of moneys in that account  in  any  one  (1)  fiscal
 10             year.
 11        3.  Each  approved  claim  must contain a certification by the director of
 12        the department of fish and game, or his designee, that:
 13             (A)  All statutory requirements leading up to  approval  for  payment
 14             have been met.
 15             (B)  The  claimant  has  certified  that  he  will  accept the amount
 16             approved as payment in full for the claim submitted, subject  to  the
 17             conditions and requirements of this subsection.
                                                                        
 18        SECTION  3.  This  act shall be in full force and effect on and after July
 19    1, 2000.

Amendment


 AH0479
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Campbell            
                                                                        
                                                     Seconded by Hornbeck            
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 479
                                                                        
  1                                AMENDMENTS TO THE BILL
  2        On page 5 of the printed bill, following line 22, delete the remainder  of
  3    the  page;  delete all of pages 6 and 7; and on page 8, delete lines 1 through
  4    28; and in line 29, delete "5" and insert: "3".
                                                                        
  5                                 CORRECTION TO TITLE
  6        On page 1, in line 7, following "CORRECTION;" delete the remainder of  the
  7    line, delete all of lines 8 through 10; and in line 11, delete "FILED FROM ONE
  8    THOUSAND DOLLARS TO FIVE HUNDRED DOLLARS;".

Statement of Purpose / Fiscal Impact


     
                           
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                 STATEMENT OF PURPOSE
                      RS 09313E1 
     
     Relating to Big Game Depredation accounts and claims for damages. To reduce
     the deductible on each statement for a claim from one thousand dollars to five
     hundred and to reduce the minimum amount a claim may be filed from one
     thousand dollars to five hundred dollars.
     
     
     
     
     
                           
                     FISCAL NOTE 
     
     Over the past 10 years, a total of 204 claims have been paid. This is an average of
     20.4 claims per year. If the deductible were lowered to $500, this would result in
     increased payments of $10,200 to $14,280. 
     
     Contact: Representative Campbell
             Representative Wood
             332-1000 
     
                                                  STATEMENT OF PURPOSE/FISCAL NOTE                                    H 479