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H0224.........................................by RESOURCES AND CONSERVATION WILDLIFE DEPREDATION - CROPS - Amends existing law to provide that specified deductibles associated with claims against wildlife depredation accounts shall be waived for certain claims for damage to standing or stored crops or claims involving livestock. 02/14 House intro - 1st rdg - to printing 02/15 Rpt prt - to Res/Con 02/22 Rpt out - rec d/p - to 2nd rdg 02/23 2nd rdg - to 3rd rdg 02/26 3rd rdg - PASSED - 63-0-7 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Tilman, Trail, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Jaquet, Jones, Smith, Stevenson, Stone, Swan, Wheeler Floor Sponsor -- Hornbeck Title apvd - to Senate 02/27 Senate intro - 1st rdg - to Res/Env 03/08 Rpt out - rec d/p - to 2nd rdg 03/09 2nd rdg - to 3rd rdg 03/19 3rd rdg - PASSED - 32-1-2 AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler, Williams, NAYS -- Whitworth Absent and excused -- Sandy, Stennett Floor Sponsor -- Williams Title apvd - to House 03/20 To enrol 03/21 Rpt enrol - Sp signed Pres signed 03/22 To Governor 03/23 Governor signed Session Law Chapter 172 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 224 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-114, IDAHO CODE, TO PROVIDE 3 THAT SPECIFIED DEDUCTIBLES ASSOCIATED WITH CLAIMS AGAINST DEPREDATION 4 ACCOUNTS SHALL BE WAIVED FOR CERTAIN CLAIMS FOR PROPERTY DAMAGE TO STAND- 5 ING OR STORED CROPS; AMENDING SECTION 36-115, IDAHO CODE, TO PROVIDE THAT 6 SPECIFIED DEDUCTIBLES SHALL BE WAIVED FOR CERTAIN CLAIMS INVOLVING DAMAGE 7 TO STANDING OR STORED CROPS AND TO PROVIDE THAT SPECIFIED DEDUCTIBLES 8 SHALL BE WAIVED FOR CERTAIN CLAIMS INVOLVING LIVESTOCK AND TO MAKE A TECH- 9 NICAL CORRECTION; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLI- 10 CATION. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 36-114, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 36-114. BIG GAME PRIMARY DEPREDATION ACCOUNT. (a) The big game primary 15 depredation account is hereby established in the state treasury. Moneys in the 16 account are subject to appropriation for the purposes recited in section 17 36-1108, Idaho Code. Interest earned on investment of idle moneys in the 18 account shall be paid to the fish and game account. 19 (b) The state controller shall annually, as soon after July 1 of each 20 year as practical, transfer into the account two hundred thousand dollars 21 ($200,000) from the fish and game account. Unexpended and unencumbered bal- 22 ances in the big game primary depredation account existing on June 30 shall 23 revert to the fish and game account. 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 (F) Provided however, that for claims in subsequent and consecutive 30 years for damage to standing or stored crops in the same location as 31 the first occurrence, the one thousand dollar ($1,000) deductible 32 shall be waived if the department failed to prevent property loss 33 following the first occurrence. 34 3. Each approved claim must contain a certification by the director of 35 the department of fish and game, or his designee, that: 36 (A) All statutory requirements leading up to approval for payment 37 have been met. 38 (B) The claimant has certified that he will accept the amount 39 approved as payment in full for the claim submitted, subject to the 40 conditions and requirements of this subsection. 41 SECTION 2. That Section 36-115, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 36-115. BIG GAME SECONDARY DEPREDATION ACCOUNT. (a) The big game second- 44 ary depredation account is hereby created in the state treasury. Moneys in the 45 account are subject to appropriation for the purposes recited in section 46 36-1108(b), Idaho Code, section 36-114(d), Idaho Code, section 36-1109 and 47 section 36-1110, Idaho Code. Moneys in the account shall be invested as pro- 48 vided in section 67-1210, Idaho Code, and interest earned on investment of 49 idle moneys in the account shall be paid to the account. The big game second- 50 ary depredation account shall be under the administrative direction of the 51 state controller. 52 (b) In addition to any moneys appropriated to the account from other 53 sources, the state controller shall transfer the earned interest not to exceed 3 1 two hundred and fifty thousand dollars ($250,000) from the fish and game 2 account to the big game secondary depredation account each fiscal year until a 3 total of one million two hundred fifty thousand dollars ($1,250,000) has been 4 transferred to the account. 5 (c) The principal amount in the account shall not be appropriated, but 6 only the interest earned on investment of the moneys in the account shall be 7 available for appropriation. The state controller shall annually report to the 8 legislature, the division of financial management, the director of the depart- 9 ment of agriculture and the director of the department of fish and game the 10 amount of interest earnings and the availability of such earnings for appro- 11 priation. However, should the balance in the account ever exceed three mil- 12 lion dollars ($3,000,000), interest earnings that exceed the amount appropri- 13 ated for any fiscal year shall be transferred to the fish and game set-aside 14 account for habitat rehabilitation. Transferred funds shall be spent pursuant 15 to an appropriation for the set-aside account. 16 (d) Any payment for damages pursuant to sections 36-1108(b) and 17 36-114(d), Idaho Code, is limited by the following conditions and require- 18 ments: 19 1. The full amount of any approved claim will not be paid at the time of 20 approval, but shall be subject to the following conditions and require- 21 ments: 22 (A) The director of the department of fish and game may order not 23 more than one-third (1/3) of the amount of the approved claim that is 24 to be paid from the big game secondary depredation account to be paid 25 immediately, if, in the judgment of the director, such payment is 26 within the estimated total claims liability for that fiscal year from 27 the big game secondary depredation account. 28 (B) The balance of all unpaid approved claim amounts, including 29 claims submitted under the provisions of sections 36-1109 and 30 36-1110, Idaho Code, shall be accumulated to a total as of June 30. 31 If the balance in the big game secondary depredation account appro- 32 priation is sufficient to pay the balance of all approved claims, the 33 director shall pay them. If the balance is not sufficient to pay all 34 approved claims, the director shall authorize a proportionate amount 35 to be paid to each claimant. However, claims filed under section 36 36-1108, Idaho Code, shall have priority and will be paid prior to 37 claims filed under sections 36-1109 and 36-1110, Idaho Code. 38 (C) The director shall encumber the balance of moneys appropriated 39 from the big game secondary depredation account, or moneys sufficient 40 to pay the approved claims, whichever is the lesser. 41 2. Each claimant must submit a statement of total damages sustained per 42 occurrence. For each such statement, the following conditions and require- 43 ments apply: 44 (A) The amount of one thousand dollars ($1,000) must be deducted 45 from each such statement. This deductible is a net loss to the owner 46 or lessee, and will not be compensated for from either the big game 47 primary depredation account or from the big game secondary depreda- 48 tion account, but the owner or lessee is required to absorb only a 49 single one thousand dollar ($1,000) deductible per claim, whether the 50 claim is paid solely from the big game primary depredation account or 51 from both depredation accounts. 52 (B) Provided however, that for claims in subsequent and consecutive 53 years for damage to standing or stored crops in the same location as 54 the first occurrence, the one thousand dollar ($1,000) deductible 55 will be waived as provided in section 36-114(d)(2)(F), Idaho Code. 4 1 3. Each approved claim must contain a certification by the director of 2 the department of fish and game, or his designee, that: 3 (A) All statutory requirements leading up to approval for payment 4 have been met. 5 (B) The claimant has certified that he will accept the amount 6 approved as payment in full for the claim submitted, subject to the 7 conditions and requirements of this subsection. 8 (e) Any claim for damages pursuant to section 36-1109, Idaho Code, is 9 limited by the following conditions and requirements: 10 1. The full amount of any approved claim will not be paid at the time of 11 approval, but shall be subject to the following conditions and require- 12 ments: 13 (A) The director of the department of fish and game may order that 14 not more than one-third (1/3) of the amount of the approved claim to 15 be paid immediately, if, in the judgment of the director, such pay- 16 ment is within the estimated total claims liability for that fiscal 17 year from the big game secondary depredation account. 18 (B) The balance of all unpaid approved claim amounts shall be accu- 19 mulated to a total as of June 30. If the balance in the big game sec- 20 ondary depredation account appropriation is sufficient to pay all 21 approved claims, the director shall promptly pay them. If the balance 22 is not sufficient to pay the balance of all approved claims, the 23 director shall pay a proportionate share to each claimant. However, 24 claims filed under section 36-1108, Idaho Code, shall have priority 25 and will be paid prior to claims filed under sections 36-1109 and 26 36-1110, Idaho Code. 27 (C) The director shall encumber the balance of the appropriation, or 28 moneys sufficient to pay the approved claims, whichever is the 29 lesser. 30 2. Each claimant must submit a statement of total damages sustained per 31 occurrence. For each such statement, the following condition applies: the 32 amount of one thousand dollars ($1,000) must be deducted from each such 33 statement. Provided however, if an owner or caretaker suffers damage to or 34 destruction of livestock in more than one (1) occurrence during the fiscal 35 year, then only one (1) deductible must be subtracted from the claims and 36 the deductible on subsequent claims will be waived. This deductible is a 37 net loss to the owner or caretaker, and will not be compensated for from 38 the big game secondary depredation account. 39 3. Each approved claim must contain a certification by the director of 40 the department of fish and game, or his designee, that: 41 (A) All statutory requirements leading up to approval for payment 42 have been met. 43 (B) The claimant has certified that he will accept the amount 44 approved as payment in full for the claim submitted, subject to the 45 conditions and requirements of this subsection. 46 (f) Any claim for damages to forage pursuant to section 36-1110, Idaho 47 Code, is limited by the following conditions and requirements: 48 1. The full amount of any approved claim will not be paid at the time of 49 approval, but shall be subject to the following conditions and require- 50 ments: 51 (A) The director of the department of fish and game may order not 52 more than one-third (1/3) of the amount of the approved claim to be 53 paid immediately, if, in the judgment of the director, such payment 54 is within the estimated total claims liability for that fiscal year 55 from the big game secondary depredation account. 5 1 (B) The balance of all unpaid approved claim amounts shall be accu- 2 mulated to a total as of June 30. If the balance in the big game sec- 3 ondary depredation account appropriation is sufficient to pay all 4 approved claims, the director shall pay them. If the balance is not 5 sufficient to pay all approved claims, the director shall authorize a 6 proportionate amount to be paid to each claimant. However, claims 7 filed under section 36-1108, Idaho Code, shall have priority and will 8 be paid prior to claims filed under sections 36-1109 and 36-1110, 9 Idaho Code. 10 (C) The director shall encumber the balance of the appropriation, or 11 moneys sufficient to pay the approved claims, whichever is the 12 lesser. 13 2. Each claimant must submit a statement of total damages sustained per 14 occurrence. For such statement, the following conditions and requirements 15 apply: 16 (A) The amount of one thousand dollars ($1,000) must be deducted 17 from each statement. This deductible is a net loss to the owner or 18 lessee, and will not be compensated for from the big game secondary 19 depredation account. 20 (B) The total amount of all claims for damages to forage that may be 21 paid from the big game secondary depredation account shall not exceed 22 twenty-fiveper centpercent (25%) of the amount of interest earned 23 from investments of moneys in that account in any one (1) fiscal 24 year. 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 SECTION 3. An emergency existing therefor, which emergency is hereby 33 declared to exist, this act shall be in full force and effect on and after its 34 passage and approval, and retroactively to July 1, 2000.
STATEMENT OF PURPOSE RS 11084 This bill is proposed by the Fish and Game Advisory Committee. The Committee continues to address big game depredation issues and make recommendations concerning the administration of the depredation program. This bill will make two changes concerning the deductible amount on reoccurring and multiple depredation claims. First, the deductible on subsequent and consecutive depredation claims for damage to standing or stored crops would be waived. The landowner or lessee would be responsible for the deductible in the first year only when the Department of Fish and Game fails to prevent damage in subsequent and consecutive years. Second, the owner or caretaker of livestock damaged or destroyed by black bears or mountain lions would only be responsible for one deductible amount during a fiscal year. Currently, the deductible applies to each claim. Finally, this bill declares an emergency and provides for retroactive application to July 1, 2000. FISCAL IMPACT The fiscal impact will be between $8,000 to $13,000/year. Contact Name: Dr. J. Kent Marlor, Chair, Fish and Game Advisory Committee Phone: (208) 356 1419 STATEMENT OF PURPOSE/FISCAL NOTE H 22