2001 Legislation
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HOUSE BILL NO. 224 – Wildlife/crops damaged/deductible

HOUSE BILL NO. 224

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                       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