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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 - 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.
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;".
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