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H0209aa..........................................by RESOURCES AND CONSERVATION
BIG GAME DEPREDATION FUNDS - Amends, repeals and adds to existing law to
provide for big game depredation funds; to provide for control of damage by
antelope, elk, deer, moose, black bear, mountain lion or by grazing wildlife;
to provide a procedure for claims for damage; and to provide for compensation
for damage.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Res/Con
02/20 Rpt out - to Gen Ord
02/26 Rpt out amen - to engros
02/27 Rpt engros - 1st rdg - to 2nd rdg as amen
02/28 2nd rdg - to 3rd rdg as amen
03/03 3rd rdg as amen - PASSED - 54-15-1
AYES -- Barraclough, Barrett, Bauer, Bedke, Bell, Black, Block, Bolz,
Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney,
Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,
Harwood, Kellogg, Kulczyk, Lake, Langford, McGeachin, McKague, Meyer,
Miller, Moyle, Nielsen, Raybould, Ridinger, Ring, Roberts, Rydalch,
Sali, Schaefer, Shepherd, Shirley, Skippen, Smith(24), Smylie,
Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- Andersen, Bieter, Boe, Douglas, Henbest, Jaquet, Jones,
Langhorst, Martinez, Mitchell, Naccarato, Ringo, Robison, Sayler,
Smith(30)
Absent and excused -- Gagner
Floor Sponsor - Roberts
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Res/Env
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 209
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; REPEALING SECTION 36-114, IDAHO CODE; AMENDING
3 CHAPTER 1, TITLE 36, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 36-114,
4 IDAHO CODE, TO PROVIDE FOR BIG GAME DEPREDATION FUNDS; REPEALING SECTIONS
5 36-115 AND 36-1108, IDAHO CODE; AMENDING CHAPTER 11, TITLE 36, IDAHO CODE,
6 BY THE ADDITION OF A NEW SECTION 36-1108, IDAHO CODE, TO PROVIDE FOR CON-
7 TROL OF DAMAGE BY ANTELOPE, ELK, DEER, MOOSE, BLACK BEAR, MOUNTAIN LION OR
8 BY GRAZING WILDLIFE, TO PROVIDE A PROCEDURE FOR CLAIMS FOR DAMAGE AND TO
9 PROVIDE FOR COMPENSATION FOR DAMAGE; REPEALING SECTIONS 36-1109 AND
10 36-1110, IDAHO CODE; AND AMENDING SECTION 36-122, IDAHO CODE, TO DELETE A
11 CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 36-114, Idaho Code, be, and the same is hereby
14 repealed.
15 SECTION 2. That Chapter 1, Title 36, Idaho Code, be, and the same is
16 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
17 ignated as Section 36-114, Idaho Code, and to read as follows:
18 36-114. BIG GAME DEPREDATION FUNDS. (1) Nonexpendable Big Game Depreda-
19 tion Fund. The nonexpendable big game depredation fund is hereby established
20 in the state treasury. On July 1, 2003, the state controller shall transfer
21 two million two hundred fifty thousand dollars ($2,250,000) from the big game
22 secondary account to the nonexpendable big game depredation fund. The state
23 controller shall annually, as soon after July 1 of each year as practical,
24 transfer the sum of fifty thousand dollars ($50,000) from the fish and game
25 account to this fund. Moneys in the fund shall be invested as provided in sec-
26 tion 67-1210, Idaho Code, and interest earned on investment of idle moneys in
27 the fund shall be paid to the expendable big game depredation fund. The prin-
28 cipal amount in the fund shall not be appropriated, but only the interest
29 earned on investment of the moneys in the fund shall be available for appro-
30 priation.
31 (2) Expendable Big Game Depredation Fund. The expendable big game depre-
32 dation fund is hereby established in the state treasury. On July 1, 2003,
33 after making the transfer to the nonexpendable big game depredation fund in
34 subsection (1) of this section, the state controller shall transfer all
35 remaining balances in the big game secondary account to the expendable big
36 game depredation fund. On July 1, 2003, the state controller shall transfer
37 all balances remaining in the big game primary depredation account to the
38 expendable big game depredation fund. Moneys in the fund are subject to appro-
39 priation for the purposes recited in section 36-1108, Idaho Code. Interest
40 earned on investment of idle moneys in the fund shall be paid to the fund. In
41 addition to any other moneys appropriated to the fund from other sources, the
42 state treasurer shall transfer the earned interest from the nonexpendable big
2
1 game depredation fund to this fund each month. The department shall annually
2 report to the legislature, the division of financial management, and the
3 director of the department of agriculture the status of the expendable big
4 game depredation fund and the amount available for appropriation.
5 (a) Moneys in the fund may be appropriated only to:
6 (i) Honor payment agreements made pursuant to section 36-1108,
7 Idaho Code.
8 (ii) Make depredation damages payments pursuant to section 36-1108,
9 Idaho Code.
10 (iii) Provide for reimbursement of expenses for members of the advi-
11 sory committee established in section 36-122, Idaho Code.
12 (b) The full amount of any approved claim for damages pursuant to section
13 36-1108, Idaho Code, will not be paid at the time of approval, but shall
14 be subject to the following conditions and requirements:
15 (i) The director may order not more than one-half (1/2) of the
16 amount of the approved claim that is to be paid from the fund to be
17 paid immediately, if, in the judgment of the director, such payment
18 is within the estimated total claims liability for that fiscal year
19 from the fund.
20 (ii) The balance of all unpaid approved claim amounts shall be accu-
21 mulated to a total as of June 30. If the balance in the fund is suf-
22 ficient to pay the balance of all approved claims, the director shall
23 promptly pay them. If the balance is not sufficient to pay the bal-
24 ance of all approved claims, the director shall pay a proportionate
25 share to each claimant.
26 (c) The director shall encumber the balance of the moneys in the fund, or
27 moneys sufficient to pay the approved claims, whichever is the lesser.
28 (d) Each claimant must submit a statement of total damages sustained per
29 occurrence. For each such statement, the following conditions and require-
30 ments apply:
31 (i) The amount of one thousand dollars ($1,000) must be deducted
32 from each such statement. This deductible is a net loss to the owner
33 or lessee, and will not be compensated for from the fund.
34 (ii) Provided however, that for claims in consecutive years, the one
35 thousand dollar ($1,000) deductible shall be waived:
36 1. For damage or destruction to standing or stored crops in the
37 same location as the first occurrence if the department failed
38 to prevent property loss following the first occurrence.
39 2. For damage or destruction to livestock in more than one (1)
40 occurrence during the fiscal year.
41 3. For damage or destruction to forage in the same location as
42 the first occurrence if the department failed to prevent prop-
43 erty loss following the first occurrence.
44 (e) Each approved claim must contain a certification by the director of
45 the department of fish and game, or his designee, that:
46 (i) All statutory requirements leading up to approval for payment
47 have been met.
48 (ii) The claimant has certified that he will accept the amount
49 approved as payment in full for the claim submitted, subject to the
50 conditions and requirements of this subsection.
51 SECTION 3. That Sections 36-115 and 36-1108, Idaho Code, be, and the same
52 are hereby repealed.
53 SECTION 4. That Chapter 11, Title 36, Idaho Code, be, and the same is
3
1 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
2 ignated as Section 36-1108, Idaho Code, and to read as follows:
3 36-1108. CONTROL OF DAMAGE -- BY ANTELOPE, ELK, DEER OR MOOSE -- BY BLACK
4 BEAR OR MOUNTAIN LION -- BY GRAZING WILDLIFE -- COMPENSATION FOR DAMAGES. (1)
5 Prevention of Depredation shall be a Priority Management Objective of the
6 Department of Fish and Game. Landowners shall take all reasonable steps to
7 prevent property loss from wildlife or to mitigate damages by wildlife. Pro-
8 vided however, the director, or his representative, will consult with appro-
9 priate land management agencies and land users before transplanting or relo-
10 cating any black bear or mountain lion.
11 (2) Antelope, Elk, Deer or Moose. In the event of actual or threatened
12 damage or destruction to property by antelope, elk, deer or moose, the owner
13 or lessee of the affected property may report the facts to the director of the
14 department of fish and game or his designee. Within seventy-two (72) hours of
15 the report, the director or his designee shall investigate the facts reported.
16 (a) If the director or his designee determines that the report is well
17 founded, the director may:
18 (i) Send a representative onto the premises to control, trap,
19 and/or remove such animals as will stop the damage to said property.
20 Any animals so taken shall remain the property of the state and shall
21 be turned over to the director.
22 (ii) Grant properly safeguarded permission to the complainant to
23 control, trap and/or remove such animals. Any animals so taken shall
24 remain the property of the state and shall be turned over to the
25 director.
26 (iii) Make an agreement with the owner or lessee to allow continued
27 use of lands by the animals where damage by them has occurred to
28 stored, growing or matured crops on private property whether owned or
29 leased. This agreement may be transacted only after department
30 attempts to resolve the problem by other means have proven unsuccess-
31 ful. The agreement made under the provisions of this subsection may
32 provide for financial compensation to the owner or lessee. If made,
33 financial compensation under the provisions of this subsection shall
34 be governed by the provisions of section 36-114, Idaho Code, and
35 shall not be in addition to any payments for the same crop losses
36 from any other source. Compensation for damages under the provisions
37 of this subsection shall be available for damages done to private
38 lands, whether owned or leased, if the owner or lessee allowed hunt-
39 ers reasonable access to the property or through the property to pub-
40 lic lands for hunting purposes during the preceding hunting season.
41 This provision shall not negate the provisions of section 36-1602,
42 Idaho Code, relating to the necessity of obtaining permission to
43 enter private land. If necessary, the arbitration panel provided for
44 in subsection (8) of this section, shall determine the reasonableness
45 of access allowed.
46 (b) In order to establish eligibility for submission of claims for dam-
47 ages, persons suffering crop damages on privately owned or leased land
48 caused by antelope, elk, deer or moose must:
49 (i) Notify the department within seventy-two (72) hours of discov-
50 ery of damage.
51 (ii) Follow up verbal notification with a written notice within ten
52 (10) days of the discovery of damage.
53 (iii) The department shall not be held liable or accountable for any
54 damages occurring more than ten (10) days prior to the initial noti-
4
1 fication of damage. However, the department may extend the period up
2 to thirty (30) days under exceptional circumstances.
3 (c) The owner or lessee must have allowed hunters reasonable access to
4 the property or through the property to public lands for hunting purposes
5 during the hunting season or the claim for damages shall be disallowed.
6 (d) Compensation for crop damages' claims shall not be in addition to any
7 payments for the same crop losses from any other source and shall not
8 include fence or other types of property damage. While fences and irriga-
9 tion equipment are not subject to claim for payment, the department is
10 allowed to provide support and assistance, including provision of mate-
11 rials to design, construct and maintain fences for control of depredation.
12 (e) For purposes of this subsection, crop damages shall mean damage to
13 plants grown or stored for profit and shall exclude ornamental plants.
14 (3) Black Bear or Mountain Lion. When any black bear or mountain lion has
15 done damage to or is destroying livestock on public, state or private land,
16 whether owned or leased, or when any black bear has done damage to or is
17 destroying berries or honey on private land, for purposes of filing a claim
18 the owner or his representative shall report such loss to a representative of
19 the U.S. department of agriculture, animal plant and health inspection
20 services/wildlife services (APHIS/WS) who shall, within seventy-two (72)
21 hours, investigate the conditions complained of. For purposes of this section,
22 livestock shall be defined as domestic cattle, sheep and goats. If it appears
23 that the complaint is well founded and livestock, berries or honey of the com-
24 plainant has been damaged or destroyed by such black bear or mountain lion,
25 APHIS/WS shall so inform the director or the department's regional office of
26 the extent of physical damage or destruction in question. The physical dam-
27 ages, without establishing a monetary value thereon, as determined by the
28 APHIS/WS representative shall be final, and shall be binding upon the owner or
29 his representative and on the department.
30 (4) Grazing Wildlife. When any grazing wildlife is doing damage to or is
31 destroying forage on private lands, whether owned or leased, the owner or les-
32 see thereof may make a complaint and report the facts to the director or his
33 designee who shall, within seventy-two (72) hours, investigate the conditions
34 complained of. If it appears that the complaint is well founded and the forage
35 is being or is likely to be damaged or destroyed or consumed by grazing wild-
36 life, the owner or lessee shall contract with a qualified range management
37 consultant to prepare an estimate of depredation based on his inspection. The
38 cost of the consultant shall be divided equally between the owner or lessee
39 and the department, subject to reapportionment of the costs by an arbitration
40 panel pursuant to the provisions of subsection (8) of this section. After the
41 initial complaint, it shall be the responsibility of both the department and
42 the owner or lessee to jointly design and implement a mutually agreeable
43 method of determining forage utilization and damage or loss due to wildlife
44 through the use of exclosure cages or other devices. For purposes of this sub-
45 section, forage shall mean growing or matured plants grown for livestock feed.
46 (5) The notice of damages caused pursuant to an incident as set forth in
47 subsection (2), (3) or (4) of this section must be in written form, shall be
48 in the form of a claim for damages substantially the same as required by sec-
49 tion 6-907, Idaho Code, shall be attested to by the claimant under oath, and
50 the claim shall be at least for one thousand dollars ($1,000). The claim shall
51 not be amended after it is filed, provided however, that a claimant may file
52 an additional claim in the event additional damage occurs subsequent to filing
53 the initial claim. The department shall prepare and make available suitable
54 forms for notice and claim for damages. Claims may be submitted only for the
55 fiscal year (July 1 through June 30) in which they occurred. Any person sub-
5
1 mitting a fraudulent claim shall be prosecuted for a felony as provided in
2 section 18-2706, Idaho Code.
3 (6) Upon receipt by the department, the department shall review the
4 claim, and if approved, pay it as provided in section 36-114, Idaho Code.
5 Failure on the part of the owner or lessee to allow on-site access for inspec-
6 tion and investigation of alleged losses shall void the claim for damages.
7 (7) In the event the owner or lessee and the department fail to agree on
8 the amount of damages within fifteen (15) days of the written claim, either
9 party may elect to retain the services of an independent certified insurance
10 adjuster licensed in the state of Idaho to view the affected property and
11 determine the amount of damages. The independent certified adjuster shall com-
12 plete his review and determination within twenty (20) days from the date he is
13 retained, and will report his determination in writing by certified mail to
14 the department and to the owner or lessee. Neither the owner or lessee, nor
15 the department, shall disturb the affected property prior to review and deter-
16 mination by the independent insurance adjuster. Costs associated with the ser-
17 vices of the independent insurance adjuster shall be divided equally between
18 the owner or lessee and the department, subject to reapportionment of the
19 costs by an arbitration panel pursuant to the provisions of subsection (8) of
20 this section. If the department, or the owner or lessee, reject the determina-
21 tion of the adjuster, they shall notify the other party in writing of the
22 rejection within five (5) days of receipt of the adjuster's determination. In
23 the event that either party rejects the adjuster's determination, the provi-
24 sions of subsection (8) of this section shall apply.
25 (8) Within five (5) working days of a rejection of an adjuster's determi-
26 nation of damages, the director must convene an arbitration panel. To convene
27 an arbitration panel, the director must, within five (5) working days, appoint
28 the department's representative and notify the owner or lessee of the appoint-
29 ment. The owner or lessee shall, within the next five (5) working days follow-
30 ing such notice from the department, appoint his representative and notify the
31 department of the appointment. Within the next five (5) working days, the
32 department representative and the owner or lessee must mutually appoint the
33 third arbitrator. The arbitration panel shall consist of three (3) members, as
34 follows:
35 (a) The director of the department of fish and game or his designee;
36 (b) The owner or his designee, or the lessee or his designee;
37 (c) One (1) member selected by the two (2) members above.
38 The panel shall convene within thirty (30) days of the selection of the third
39 arbitrator, and render its decision within fourteen (14) days after the hear-
40 ing. When convened, the arbitration panel shall have the same authority to
41 make on-site inspections as the department. The owner or lessee shall be
42 responsible for payment of the expenses of his appointee; the director shall
43 pay the expenses of his appointee from the expendable big game depredation
44 fund; and the expenses of the third member shall be divided equally between
45 the owner or lessee and the department. The panel shall consider the claim
46 submitted by the owner or lessee, the estimate of damages determined by the
47 department, and the determination of the independent insurance adjuster, and
48 shall select one (1) amount as being the closest to the actual damages sus-
49 tained by the owner or lessee. The panel is authorized to review the costs
50 associated with retaining the independent insurance adjuster and to determine
51 whether those costs should be borne solely by the owner or lessee, or by the
52 department, or be apportioned between the owner or lessee and the department.
53 The arbitration panel shall report its decision in writing to both the owner
54 or lessee and to the department within ten (10) days of the decision, and the
55 decision of the panel shall be binding on the owner or lessee and the depart-
6
1 ment. The fish and game advisory committee shall develop guidelines to govern
2 arbitration procedures in accordance with chapter 52, title 67, Idaho Code.
3 (9) Any claim received by the department under the provisions of subsec-
4 tion (5) of this section, and approved in the amount as submitted, must be
5 processed by the department within sixty (60) calendar days of receipt. Pay-
6 ment for claims must be made within forty-five (45) calendar days of such
7 approval. Any claim damage determination by an independent insurance adjuster
8 pursuant to subsection (7) of this section, accepted by the department, must
9 be paid by the department within forty-five (45) calendar days of the determi-
10 nation. If the claim is arbitrated, the arbitration must be completed within
11 one hundred eighty (180) calendar days of filing the claim for such damages.
12 (10) All claims filed pursuant to section 36-1108, 36-1109 or 36-1110,
13 Idaho Code, as in effect on or before June 30, 2003, shall be processed pursu-
14 ant to the statutory provisions in effect on the date of the filing of such
15 claim, and if approved in whole or in part, the director of the department of
16 fish and game is hereby authorized and directed to make payment from the
17 expendable big game depredation fund established by this act.
18 SECTION 5. That Sections 36-1109 and 36-1110, Idaho Code, be, and the
19 same are hereby repealed.
20 SECTION 6. That Section 36-122, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 36-122. ADVISORY COMMITTEE. (a) There is hereby created the fish and game
23 advisory committee. The committee shall consist of twelve (12) members. Six
24 (6) members of the committee shall be appointed by the director of the depart-
25 ment of fish and game to generally represent wildlife interests. Six (6) mem-
26 bers of the committee shall be appointed by the director of the department of
27 agriculture to generally represent agricultural interests. At the beginning of
28 each odd-numbered year, the director of the department of agriculture shall
29 appoint a chairman from among his appointees, and the director of the depart-
30 ment of fish and game shall appoint a vice-chairman vice chairman from among
31 his appointees. At the beginning of each even-numbered year, the director of
32 the department of fish and game shall appoint a chairman from among his
33 appointees, and the director of the department of agriculture shall appoint a
34 vice-chairman vice chairman from among his appointees. The committee shall
35 meet at such times as appropriate, but not less frequently than annually.
36 (b) All members shall be appointed to serve three (3) year terms.
37 Appointments to fill vacancies shall be for the balance of the unexpired
38 term. All members shall be appointed by and serve at the pleasure of the
39 respective directors of the department of agriculture or the department of
40 fish and game. Members shall be compensated as provided in section 59-509(b),
41 Idaho Code, and such expenses shall be paid from the big game primary depreda-
42 tion account.
43 (c) The department of fish and game shall provide staff assistance and
44 support for the committee.
45 (d) The committee shall have the authority to:
46 1. Act as a liaison between the commission, landowners, the department of
47 agriculture, the department of fish and game, and wildlife, outdoor recre-
48 ation and sportsmen's organizations;
49 2. Act as an independent resource to give advice and recommendations on
50 administration of the programs authorized in sections 36-1108, and
51 36-1109, Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Roberts
Seconded by Barrett
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 209
1 AMENDMENTS TO SECTION 2
2 On page 1 of the printed bill, in line 20, following "transfer" insert: "a
3 total sum of"; in line 21, delete "two hundred fifty" and insert: "nine hun-
4 dred", and also in line 21, delete "($2,250,000) from the big game" and
5 insert: "($2,900,000)"; in line 22, delete "secondary account to" and insert:
6 "into", and also in line 22, following "fund." insert: "The primary source of
7 the transfer will be the entire balance from the nonappropriated principal
8 amount in the big game secondary depredation account. In the event the balance
9 so transferred is less than two million nine hundred thousand dollars
10 ($2,900,000), then whatever sum is necessary to satisfy the shortfall shall be
11 transferred from that portion of the big game secondary depredation account
12 representing the interest earned on investment of moneys in the account avail-
13 able for appropriation."; in line 24, delete "fifty" and insert: "forty", and
14 also in line 24, delete "$50,000" and insert: "$40,000".
15 AMENDMENTS TO SECTION 6
16 On page 6, in line 41, following "the" insert: "expendable", and also in
17 line 41, delete "primary"; and in line 42, delete "account" and insert:
18 "fund".
19 CORRECTION TO TITLE
20 On page 1, in line 10, following "CODE," insert: "TO REVISE THE NAME OF AN
21 ACCOUNT,".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 209, As Amended
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; REPEALING SECTION 36-114, IDAHO CODE; AMENDING
3 CHAPTER 1, TITLE 36, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 36-114,
4 IDAHO CODE, TO PROVIDE FOR BIG GAME DEPREDATION FUNDS; REPEALING SECTIONS
5 36-115 AND 36-1108, IDAHO CODE; AMENDING CHAPTER 11, TITLE 36, IDAHO CODE,
6 BY THE ADDITION OF A NEW SECTION 36-1108, IDAHO CODE, TO PROVIDE FOR CON-
7 TROL OF DAMAGE BY ANTELOPE, ELK, DEER, MOOSE, BLACK BEAR, MOUNTAIN LION OR
8 BY GRAZING WILDLIFE, TO PROVIDE A PROCEDURE FOR CLAIMS FOR DAMAGE AND TO
9 PROVIDE FOR COMPENSATION FOR DAMAGE; REPEALING SECTIONS 36-1109 AND
10 36-1110, IDAHO CODE; AND AMENDING SECTION 36-122, IDAHO CODE, TO REVISE
11 THE NAME OF AN ACCOUNT, TO DELETE A CODE REFERENCE AND TO MAKE TECHNICAL
12 CORRECTIONS.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 36-114, Idaho Code, be, and the same is hereby
15 repealed.
16 SECTION 2. That Chapter 1, Title 36, Idaho Code, be, and the same is
17 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
18 ignated as Section 36-114, Idaho Code, and to read as follows:
19 36-114. BIG GAME DEPREDATION FUNDS. (1) Nonexpendable Big Game Depreda-
20 tion Fund. The nonexpendable big game depredation fund is hereby established
21 in the state treasury. On July 1, 2003, the state controller shall transfer a
22 total sum of two million nine hundred thousand dollars ($2,900,000) into the
23 nonexpendable big game depredation fund. The primary source of the transfer
24 will be the entire balance from the nonappropriated principal amount in the
25 big game secondary depredation account. In the event the balance so trans-
26 ferred is less than two million nine hundred thousand dollars ($2,900,000),
27 then whatever sum is necessary to satisfy the shortfall shall be transferred
28 from that portion of the big game secondary depredation account representing
29 the interest earned on investment of moneys in the account available for
30 appropriation. The state controller shall annually, as soon after July 1 of
31 each year as practical, transfer the sum of forty thousand dollars ($40,000)
32 from the fish and game account to this fund. Moneys in the fund shall be
33 invested as provided in section 67-1210, Idaho Code, and interest earned on
34 investment of idle moneys in the fund shall be paid to the expendable big game
35 depredation fund. The principal amount in the fund shall not be appropriated,
36 but only the interest earned on investment of the moneys in the fund shall be
37 available for appropriation.
38 (2) Expendable Big Game Depredation Fund. The expendable big game depre-
39 dation fund is hereby established in the state treasury. On July 1, 2003,
40 after making the transfer to the nonexpendable big game depredation fund in
41 subsection (1) of this section, the state controller shall transfer all
42 remaining balances in the big game secondary account to the expendable big
2
1 game depredation fund. On July 1, 2003, the state controller shall transfer
2 all balances remaining in the big game primary depredation account to the
3 expendable big game depredation fund. Moneys in the fund are subject to appro-
4 priation for the purposes recited in section 36-1108, Idaho Code. Interest
5 earned on investment of idle moneys in the fund shall be paid to the fund. In
6 addition to any other moneys appropriated to the fund from other sources, the
7 state treasurer shall transfer the earned interest from the nonexpendable big
8 game depredation fund to this fund each month. The department shall annually
9 report to the legislature, the division of financial management, and the
10 director of the department of agriculture the status of the expendable big
11 game depredation fund and the amount available for appropriation.
12 (a) Moneys in the fund may be appropriated only to:
13 (i) Honor payment agreements made pursuant to section 36-1108,
14 Idaho Code.
15 (ii) Make depredation damages payments pursuant to section 36-1108,
16 Idaho Code.
17 (iii) Provide for reimbursement of expenses for members of the advi-
18 sory committee established in section 36-122, Idaho Code.
19 (b) The full amount of any approved claim for damages pursuant to section
20 36-1108, Idaho Code, will not be paid at the time of approval, but shall
21 be subject to the following conditions and requirements:
22 (i) The director may order not more than one-half (1/2) of the
23 amount of the approved claim that is to be paid from the fund to be
24 paid immediately, if, in the judgment of the director, such payment
25 is within the estimated total claims liability for that fiscal year
26 from the fund.
27 (ii) The balance of all unpaid approved claim amounts shall be accu-
28 mulated to a total as of June 30. If the balance in the fund is suf-
29 ficient to pay the balance of all approved claims, the director shall
30 promptly pay them. If the balance is not sufficient to pay the bal-
31 ance of all approved claims, the director shall pay a proportionate
32 share to each claimant.
33 (c) The director shall encumber the balance of the moneys in the fund, or
34 moneys sufficient to pay the approved claims, whichever is the lesser.
35 (d) Each claimant must submit a statement of total damages sustained per
36 occurrence. For each such statement, the following conditions and require-
37 ments apply:
38 (i) The amount of one thousand dollars ($1,000) must be deducted
39 from each such statement. This deductible is a net loss to the owner
40 or lessee, and will not be compensated for from the fund.
41 (ii) Provided however, that for claims in consecutive years, the one
42 thousand dollar ($1,000) deductible shall be waived:
43 1. For damage or destruction to standing or stored crops in the
44 same location as the first occurrence if the department failed
45 to prevent property loss following the first occurrence.
46 2. For damage or destruction to livestock in more than one (1)
47 occurrence during the fiscal year.
48 3. For damage or destruction to forage in the same location as
49 the first occurrence if the department failed to prevent prop-
50 erty loss following the first occurrence.
51 (e) Each approved claim must contain a certification by the director of
52 the department of fish and game, or his designee, that:
53 (i) All statutory requirements leading up to approval for payment
54 have been met.
55 (ii) The claimant has certified that he will accept the amount
3
1 approved as payment in full for the claim submitted, subject to the
2 conditions and requirements of this subsection.
3 SECTION 3. That Sections 36-115 and 36-1108, Idaho Code, be, and the same
4 are hereby repealed.
5 SECTION 4. That Chapter 11, Title 36, Idaho Code, be, and the same is
6 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
7 ignated as Section 36-1108, Idaho Code, and to read as follows:
8 36-1108. CONTROL OF DAMAGE -- BY ANTELOPE, ELK, DEER OR MOOSE -- BY BLACK
9 BEAR OR MOUNTAIN LION -- BY GRAZING WILDLIFE -- COMPENSATION FOR DAMAGES. (1)
10 Prevention of Depredation shall be a Priority Management Objective of the
11 Department of Fish and Game. Landowners shall take all reasonable steps to
12 prevent property loss from wildlife or to mitigate damages by wildlife. Pro-
13 vided however, the director, or his representative, will consult with appro-
14 priate land management agencies and land users before transplanting or relo-
15 cating any black bear or mountain lion.
16 (2) Antelope, Elk, Deer or Moose. In the event of actual or threatened
17 damage or destruction to property by antelope, elk, deer or moose, the owner
18 or lessee of the affected property may report the facts to the director of the
19 department of fish and game or his designee. Within seventy-two (72) hours of
20 the report, the director or his designee shall investigate the facts reported.
21 (a) If the director or his designee determines that the report is well
22 founded, the director may:
23 (i) Send a representative onto the premises to control, trap,
24 and/or remove such animals as will stop the damage to said property.
25 Any animals so taken shall remain the property of the state and shall
26 be turned over to the director.
27 (ii) Grant properly safeguarded permission to the complainant to
28 control, trap and/or remove such animals. Any animals so taken shall
29 remain the property of the state and shall be turned over to the
30 director.
31 (iii) Make an agreement with the owner or lessee to allow continued
32 use of lands by the animals where damage by them has occurred to
33 stored, growing or matured crops on private property whether owned or
34 leased. This agreement may be transacted only after department
35 attempts to resolve the problem by other means have proven unsuccess-
36 ful. The agreement made under the provisions of this subsection may
37 provide for financial compensation to the owner or lessee. If made,
38 financial compensation under the provisions of this subsection shall
39 be governed by the provisions of section 36-114, Idaho Code, and
40 shall not be in addition to any payments for the same crop losses
41 from any other source. Compensation for damages under the provisions
42 of this subsection shall be available for damages done to private
43 lands, whether owned or leased, if the owner or lessee allowed hunt-
44 ers reasonable access to the property or through the property to pub-
45 lic lands for hunting purposes during the preceding hunting season.
46 This provision shall not negate the provisions of section 36-1602,
47 Idaho Code, relating to the necessity of obtaining permission to
48 enter private land. If necessary, the arbitration panel provided for
49 in subsection (8) of this section, shall determine the reasonableness
50 of access allowed.
51 (b) In order to establish eligibility for submission of claims for dam-
52 ages, persons suffering crop damages on privately owned or leased land
4
1 caused by antelope, elk, deer or moose must:
2 (i) Notify the department within seventy-two (72) hours of discov-
3 ery of damage.
4 (ii) Follow up verbal notification with a written notice within ten
5 (10) days of the discovery of damage.
6 (iii) The department shall not be held liable or accountable for any
7 damages occurring more than ten (10) days prior to the initial noti-
8 fication of damage. However, the department may extend the period up
9 to thirty (30) days under exceptional circumstances.
10 (c) The owner or lessee must have allowed hunters reasonable access to
11 the property or through the property to public lands for hunting purposes
12 during the hunting season or the claim for damages shall be disallowed.
13 (d) Compensation for crop damages' claims shall not be in addition to any
14 payments for the same crop losses from any other source and shall not
15 include fence or other types of property damage. While fences and irriga-
16 tion equipment are not subject to claim for payment, the department is
17 allowed to provide support and assistance, including provision of mate-
18 rials to design, construct and maintain fences for control of depredation.
19 (e) For purposes of this subsection, crop damages shall mean damage to
20 plants grown or stored for profit and shall exclude ornamental plants.
21 (3) Black Bear or Mountain Lion. When any black bear or mountain lion has
22 done damage to or is destroying livestock on public, state or private land,
23 whether owned or leased, or when any black bear has done damage to or is
24 destroying berries or honey on private land, for purposes of filing a claim
25 the owner or his representative shall report such loss to a representative of
26 the U.S. department of agriculture, animal plant and health inspection
27 services/wildlife services (APHIS/WS) who shall, within seventy-two (72)
28 hours, investigate the conditions complained of. For purposes of this section,
29 livestock shall be defined as domestic cattle, sheep and goats. If it appears
30 that the complaint is well founded and livestock, berries or honey of the com-
31 plainant has been damaged or destroyed by such black bear or mountain lion,
32 APHIS/WS shall so inform the director or the department's regional office of
33 the extent of physical damage or destruction in question. The physical dam-
34 ages, without establishing a monetary value thereon, as determined by the
35 APHIS/WS representative shall be final, and shall be binding upon the owner or
36 his representative and on the department.
37 (4) Grazing Wildlife. When any grazing wildlife is doing damage to or is
38 destroying forage on private lands, whether owned or leased, the owner or les-
39 see thereof may make a complaint and report the facts to the director or his
40 designee who shall, within seventy-two (72) hours, investigate the conditions
41 complained of. If it appears that the complaint is well founded and the forage
42 is being or is likely to be damaged or destroyed or consumed by grazing wild-
43 life, the owner or lessee shall contract with a qualified range management
44 consultant to prepare an estimate of depredation based on his inspection. The
45 cost of the consultant shall be divided equally between the owner or lessee
46 and the department, subject to reapportionment of the costs by an arbitration
47 panel pursuant to the provisions of subsection (8) of this section. After the
48 initial complaint, it shall be the responsibility of both the department and
49 the owner or lessee to jointly design and implement a mutually agreeable
50 method of determining forage utilization and damage or loss due to wildlife
51 through the use of exclosure cages or other devices. For purposes of this sub-
52 section, forage shall mean growing or matured plants grown for livestock feed.
53 (5) The notice of damages caused pursuant to an incident as set forth in
54 subsection (2), (3) or (4) of this section must be in written form, shall be
55 in the form of a claim for damages substantially the same as required by sec-
5
1 tion 6-907, Idaho Code, shall be attested to by the claimant under oath, and
2 the claim shall be at least for one thousand dollars ($1,000). The claim shall
3 not be amended after it is filed, provided however, that a claimant may file
4 an additional claim in the event additional damage occurs subsequent to filing
5 the initial claim. The department shall prepare and make available suitable
6 forms for notice and claim for damages. Claims may be submitted only for the
7 fiscal year (July 1 through June 30) in which they occurred. Any person sub-
8 mitting a fraudulent claim shall be prosecuted for a felony as provided in
9 section 18-2706, Idaho Code.
10 (6) Upon receipt by the department, the department shall review the
11 claim, and if approved, pay it as provided in section 36-114, Idaho Code.
12 Failure on the part of the owner or lessee to allow on-site access for inspec-
13 tion and investigation of alleged losses shall void the claim for damages.
14 (7) In the event the owner or lessee and the department fail to agree on
15 the amount of damages within fifteen (15) days of the written claim, either
16 party may elect to retain the services of an independent certified insurance
17 adjuster licensed in the state of Idaho to view the affected property and
18 determine the amount of damages. The independent certified adjuster shall com-
19 plete his review and determination within twenty (20) days from the date he is
20 retained, and will report his determination in writing by certified mail to
21 the department and to the owner or lessee. Neither the owner or lessee, nor
22 the department, shall disturb the affected property prior to review and deter-
23 mination by the independent insurance adjuster. Costs associated with the ser-
24 vices of the independent insurance adjuster shall be divided equally between
25 the owner or lessee and the department, subject to reapportionment of the
26 costs by an arbitration panel pursuant to the provisions of subsection (8) of
27 this section. If the department, or the owner or lessee, reject the determina-
28 tion of the adjuster, they shall notify the other party in writing of the
29 rejection within five (5) days of receipt of the adjuster's determination. In
30 the event that either party rejects the adjuster's determination, the provi-
31 sions of subsection (8) of this section shall apply.
32 (8) Within five (5) working days of a rejection of an adjuster's determi-
33 nation of damages, the director must convene an arbitration panel. To convene
34 an arbitration panel, the director must, within five (5) working days, appoint
35 the department's representative and notify the owner or lessee of the appoint-
36 ment. The owner or lessee shall, within the next five (5) working days follow-
37 ing such notice from the department, appoint his representative and notify the
38 department of the appointment. Within the next five (5) working days, the
39 department representative and the owner or lessee must mutually appoint the
40 third arbitrator. The arbitration panel shall consist of three (3) members, as
41 follows:
42 (a) The director of the department of fish and game or his designee;
43 (b) The owner or his designee, or the lessee or his designee;
44 (c) One (1) member selected by the two (2) members above.
45 The panel shall convene within thirty (30) days of the selection of the third
46 arbitrator, and render its decision within fourteen (14) days after the hear-
47 ing. When convened, the arbitration panel shall have the same authority to
48 make on-site inspections as the department. The owner or lessee shall be
49 responsible for payment of the expenses of his appointee; the director shall
50 pay the expenses of his appointee from the expendable big game depredation
51 fund; and the expenses of the third member shall be divided equally between
52 the owner or lessee and the department. The panel shall consider the claim
53 submitted by the owner or lessee, the estimate of damages determined by the
54 department, and the determination of the independent insurance adjuster, and
55 shall select one (1) amount as being the closest to the actual damages sus-
6
1 tained by the owner or lessee. The panel is authorized to review the costs
2 associated with retaining the independent insurance adjuster and to determine
3 whether those costs should be borne solely by the owner or lessee, or by the
4 department, or be apportioned between the owner or lessee and the department.
5 The arbitration panel shall report its decision in writing to both the owner
6 or lessee and to the department within ten (10) days of the decision, and the
7 decision of the panel shall be binding on the owner or lessee and the depart-
8 ment. The fish and game advisory committee shall develop guidelines to govern
9 arbitration procedures in accordance with chapter 52, title 67, Idaho Code.
10 (9) Any claim received by the department under the provisions of subsec-
11 tion (5) of this section, and approved in the amount as submitted, must be
12 processed by the department within sixty (60) calendar days of receipt. Pay-
13 ment for claims must be made within forty-five (45) calendar days of such
14 approval. Any claim damage determination by an independent insurance adjuster
15 pursuant to subsection (7) of this section, accepted by the department, must
16 be paid by the department within forty-five (45) calendar days of the determi-
17 nation. If the claim is arbitrated, the arbitration must be completed within
18 one hundred eighty (180) calendar days of filing the claim for such damages.
19 (10) All claims filed pursuant to section 36-1108, 36-1109 or 36-1110,
20 Idaho Code, as in effect on or before June 30, 2003, shall be processed pursu-
21 ant to the statutory provisions in effect on the date of the filing of such
22 claim, and if approved in whole or in part, the director of the department of
23 fish and game is hereby authorized and directed to make payment from the
24 expendable big game depredation fund established by this act.
25 SECTION 5. That Sections 36-1109 and 36-1110, Idaho Code, be, and the
26 same are hereby repealed.
27 SECTION 6. That Section 36-122, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 36-122. ADVISORY COMMITTEE. (a) There is hereby created the fish and game
30 advisory committee. The committee shall consist of twelve (12) members. Six
31 (6) members of the committee shall be appointed by the director of the depart-
32 ment of fish and game to generally represent wildlife interests. Six (6) mem-
33 bers of the committee shall be appointed by the director of the department of
34 agriculture to generally represent agricultural interests. At the beginning of
35 each odd-numbered year, the director of the department of agriculture shall
36 appoint a chairman from among his appointees, and the director of the depart-
37 ment of fish and game shall appoint a vice-chairman vice chairman from among
38 his appointees. At the beginning of each even-numbered year, the director of
39 the department of fish and game shall appoint a chairman from among his
40 appointees, and the director of the department of agriculture shall appoint a
41 vice-chairman vice chairman from among his appointees. The committee shall
42 meet at such times as appropriate, but not less frequently than annually.
43 (b) All members shall be appointed to serve three (3) year terms.
44 Appointments to fill vacancies shall be for the balance of the unexpired
45 term. All members shall be appointed by and serve at the pleasure of the
46 respective directors of the department of agriculture or the department of
47 fish and game. Members shall be compensated as provided in section 59-509(b),
48 Idaho Code, and such expenses shall be paid from the expendable big game dep-
49 redation fund.
50 (c) The department of fish and game shall provide staff assistance and
51 support for the committee.
52 (d) The committee shall have the authority to:
7
1 1. Act as a liaison between the commission, landowners, the department of
2 agriculture, the department of fish and game, and wildlife, outdoor recre-
3 ation and sportsmen's organizations;
4 2. Act as an independent resource to give advice and recommendations on
5 administration of the programs authorized in sections 36-1108, and
6 36-1109, Idaho Code.
STATEMENT OF PURPOSE
RS 12756
This legislation combines the big game primary and big game
secondary depredation accounts and provides for the use of an
insurance adjuster to reduce disagreements between the Idaho
Department of Fish and Game and claimants. It changes the
percentage of payment at the time of approval from 33.3% to 50%,
repeals three separate sections dealing with various forms of
depredation and combines them into one section to provide
consistency. The bill establishes a non-expendable trust fund to
generate revenues and an expendable fund from which payments are
to be made. The legislation replaces the annual transfer of
$200,000 from the fish and game account to the primary
depredation account with an annual transfer of $50,000 to the
non-expendable big game depredation fund.
FISCAL IMPACT
There is no fiscal impact on the general fund. Amounts paid
during the last 5 years from the primary and secondary accounts
combined averaged $123,400 per year. The depredation fund would
remain self-sustaining for the next 20 years and beyond assuming
an annual 3% increasing claim level. A periodic review of the
$50,000 transfer to the non-expendable trust will be necessary to
assure funding into perpetuity.
Contact
Name: Representative Ken Roberts
Phone: (208)332-1000
Senator Monty Pearce
STATEMENT OF PURPOSE/FISCAL NOTE H 209