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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
|||| 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
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