2003 Legislation
Print Friendly

HOUSE BILL NO. 209 – Big game depredation funds, claims

HOUSE BILL NO. 209

View Daily Data Tracking History

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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,".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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