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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
H0479|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN 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 ofone thousandfive 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 thousandfive 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 ofone thousandfive 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 singleone thousandfive 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 ofone thousandfive 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 ofone thousandfive 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-fiveper centpercent (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.
AH0479|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000Moved 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;".
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT 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