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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 - 2001
IN 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-five per cent percent (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