2002 Legislation
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SENATE BILL NO. 1333 – Livestock, goats included

SENATE BILL NO. 1333

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View Bill Text

View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



S1333..........................................by RESOURCES AND ENVIRONMENT
LIVESTOCK - GOATS - Amends existing law relating to the compensation for
damage to livestock by black bear and mountain lions to revise the
definition of "livestock" to include goats.
                                                                        
01/29    Senate intro - 1st rdg - to printing
01/30    Rpt prt - to Res/Env
02/11    Rpt out - rec d/p - to 2nd rdg
02/12    2nd rdg - to 3rd rdg
02/13    3rd rdg - FAILED - 14-21-0
      AYES -- Burtenshaw, Darrington, Frasure, Geddes, Hill, Ingram, Ipsen,
      Keough, Little, Noh, Risch, Sims, Thorne, Wheeler
      NAYS -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
      Cameron, Davis, Deide, Dunklin, Goedde, Hawkins, King-Barrutia,
      Lodge, Marley, Richardson, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Williams
      Absent and excused -- None
    Floor Sponsor - Little
    Held at desk for reconsideration
02/14    Motion to Reconsider - PASSED - Voice Vote
    Reconsideration Vote - PASSED - 31-0-4
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Burtenshaw,
      Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
      Hawkins, Hill, Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson,
      Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Thorne, Wheeler,
      Williams
      NAYS -- None
      Absent and excused -- Bunderson, Ingram, King-Barrutia, Stennett
    Floor Sponsor - Little
    Title apvd - to House
02/15    House intro - 1st rdg - to Res/Con
02/22    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 65-0-5
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kendell, Lake, Langford, Loertscher, Mader,
      Martinez, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner,
      Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
      Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone,
      Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Crow, Harwood, Kellogg(Duncan), Kunz, McKague
    Floor Sponsor - Roberts
    Title apvd - to Senate
03/07    To enrol
03/08    Rpt enrol - Pres signed
03/11    Sp signed
03/12    To Governor
03/26    Governor signed
         Session Law Chapter 278
         Effective: 01/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1333
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO COMPENSATION FOR DAMAGE TO LIVESTOCK BY BLACK BEARS  AND  MOUNTAIN
  3        LIONS;  AMENDING  SECTION 36-1109, IDAHO CODE, TO REVISE THE DEFINITION OF
  4        LIVESTOCK TO INCLUDE GOATS; DECLARING AN EMERGENCY AND PROVIDING  RETROAC-
  5        TIVE APPLICATION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 36-1109, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        36-1109.  CONTROL OF DAMAGE BY BLACK BEARS OR MOUNTAIN LIONS --  COMPENSA-
 10    TION  FOR DAMAGE. (a) Prevention of depredation shall be a priority management
 11    objective of the department, and it is the obligation of  landowners  to  take
 12    all  reasonable  steps  to  prevent property loss from black bears or mountain
 13    lions or to mitigate damage by such. The director, or his representative, will
 14    consult with appropriate land management agencies and landusers before  trans-
 15    planting or relocating any black bear or mountain lion.
 16        (b)  When  any  black  bear  or  mountain  lion  has  done damage to or is
 17    destroying livestock on public, state,  or  private  land,  whether  owned  or
 18    leased,  or when any black bear has done damage to or is destroying berries or
 19    honey on private land, the owner  or  his  representative  of  such  livestock
 20    shall,  for  the purposes of filing a claim, report such loss to a representa-
 21    tive of the U.S. department of agriculture animal plant and health  inspection
 22    services/animal  damage control (APHIS/ADC) who shall, within seventy-two (72)
 23    hours, investigate the conditions complained of. For purposes of this section,
 24    livestock shall be defined as domestic cattle, and sheep,  and  goats.  If  it
 25    appears  that the complaint is well founded and livestock, berries or honey of
 26    the complainant has been damaged or destroyed by such black bear  or  mountain
 27    lion,  APHIS/ADC  shall  so  inform  the director or the department's regional
 28    office of the extent of physical damage or destruction in question. The physi-
 29    cal damages, without establishing a monetary value thereon, as  determined  by
 30    the  APHIS/ADC  representative  shall  be final, and shall be binding upon the
 31    owner or his representative and on the department.
 32        (c)  Any claim for damages must be in written form, shall be in  the  form
 33    of  a  claim  for damages substantially the same as required in section 6-907,
 34    Idaho Code, shall be attested to by the claimant under  oath,  and  the  claim
 35    shall  be  for  an amount of at least one thousand dollars ($1,000) in damages
 36    per occurrence. The department shall prepare and make available suitable forms
 37    for claims for damages. Claims may be submitted only for the fiscal year (July
 38    1 through June 30) in which they occurred. Any person submitting a  fraudulent
 39    claim  shall  be prosecuted for a felony as provided in section 18-2706, Idaho
 40    Code.
 41        1.  Upon receipt by the department, the department shall review the claim,
 42        and if approved, pay it as provided in section 36-115, Idaho Code. Failure
 43        on the part of the owner or representative to allow on-site  access  shall
                                                                        
                                           2
                                                                        
  1        negate the claim for damages.
  2        2.  If  the  department  accepts the claim for damages as submitted by the
  3        owner or his representative, the department may approve the claim for pay-
  4        ment, or may make a counter offer. If  the  owner  or  his  representative
  5        rejects  the department's counter offer, this rejection or refusal must be
  6        in writing and submitted within five (5) working days. The  value  of  the
  7        damage or destruction will then be determined by arbitration as  set forth
  8        in section 36-1108, Idaho Code. Any claim received by the department under
  9        the  provisions  of this section must be finally decided within sixty (60)
 10        calendar days of receipt by the department. If the claim is  approved  for
 11        payment,  the  claim  must  be  immediately forwarded to the department of
 12        administration for payment.
                                                                        
 13        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 14    declared to exist, this act shall be in full force and effect on and after its
 15    passage and approval, and retroactively to January 1, 2001.

Statement of Purpose / Fiscal Impact


	                STATEMENT OF PURPOSE		
                               RS 11804


The purpose of this proposed legislation is to amend that portion 
of the Idaho Code pertaining to depredation to livestock. The 
amendment would expand the definition of livestock, which now is 
defined as domestic cattle and sheep, to include goats. The proposed 
legislation would make this change retroactive to January 1, 2001.


                        FISCAL IMPACT


No fiscal impact to the General Fund. Claims that are paid for 
livestock depredation come from the “secondary account” that is 
funded by interest earnings on dedicated monies.







CONTACT:  Senator Brad Little: 332-1346 
          Carl Rey: 208-764-2924


                                                 S 1333