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H0700.........................................by RESOURCES AND CONSERVATION
BIG GAME DEPREDATION - Amends existing law to revise provisions relating to
payment of specified claims from the Big Game Primary Depredation Account
and the Big Game Secondary Depredation Account; to clarify provisions
relating to compensation from the Big Game Primary Depredation Account for
certain crop losses and damage claims; to provide for additional claims; to
revise procedures relating to the determination and payment of certain
damage claims; to revise procedures and duties relating to specified
arbitration panels; and to revise procedures relating to the determination,
processing and payment of claims for damage or destruction by black bears
or mountain lions.
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Res/Con
02/20 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 62-0-8
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bell, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge,
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg,
Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague,
Meyer, Miller, Mitchell, Moyle, Naccarato, Pasley-Stuart, Raybould,
Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,
Shepherd, Shirley, Smith(30), Smith(24), Smylie, Snodgrass,
Stevenson, Trail, Wills, Wood
NAYS -- None
Absent and excused -- Bedke, Eberle, Field(18), Jones, Nielsen,
Schaefer, Skippen, Mr. Speaker
Floor Sponsor - Wood
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Res/Env
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 29-0-6
AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
Calabretta, Compton, Darrington, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Pearce, Richardson, Schroeder, Sorensen, Stegner,
Sweet, Werk
NAYS -- None
Absent and excused -- Brandt, Cameron, Davis, Noh, Stennett, Williams
Floor Sponsor - Kennedy
Title apvd - to House
03/16 To enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - To Governor
03/23 Governor signed
Session Law Chapter 189
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 700
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-114, IDAHO CODE, TO REVISE PRO-
3 VISIONS RELATING TO THE PAYMENT OF SPECIFIED CLAIMS FROM THE BIG GAME PRI-
4 MARY DEPREDATION ACCOUNT; AMENDING SECTION 36-115, IDAHO CODE, TO REVISE
5 PROVISIONS RELATING TO THE PAYMENT OF SPECIFIED CLAIMS FROM THE BIG GAME
6 SECONDARY DEPREDATION ACCOUNT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
7 SECTION 36-1108, IDAHO CODE, TO CLARIFY PROVISIONS RELATING TO COMPENSA-
8 TION FROM THE BIG GAME PRIMARY DEPREDATION ACCOUNT FOR CERTAIN CROP LOSSES
9 AND DAMAGE CLAIMS, TO PROVIDE FOR CERTAIN ADDITIONAL CLAIMS, TO REVISE
10 PROCEDURES RELATING TO THE DETERMINATION AND PAYMENT OF CERTAIN DAMAGE
11 CLAIMS AND TO REVISE PROCEDURES AND DUTIES RELATING TO SPECIFIED ARBITRA-
12 TION PANELS; AND AMENDING SECTION 36-1109, IDAHO CODE, TO REVISE PROCE-
13 DURES RELATING TO THE DETERMINATION, PROCESSING AND PAYMENT OF CLAIMS FOR
14 DAMAGE OR DESTRUCTION BY BLACK BEARS OR MOUNTAIN LIONS.
15 Be It Enacted by the Legislature of the State of Idaho:
16 SECTION 1. That Section 36-114, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 36-114. BIG GAME PRIMARY DEPREDATION ACCOUNT. (a) The big game primary
19 depredation account is hereby established in the state treasury. Moneys in the
20 account are subject to appropriation for the purposes recited in section
21 36-1108, Idaho Code. Interest earned on investment of idle moneys in the
22 account shall be paid to the fish and game account.
23 (b) The state controller shall annually, as soon after July 1 of each
24 year as practical, transfer into the account two hundred thousand dollars
25 ($200,000) from the fish and game account. Unexpended and unencumbered bal-
26 ances in the big game primary depredation account existing on June 30 shall
27 revert to the fish and game account.
28 (c) Moneys in the account may be appropriated only to:
29 1. Honor payment agreements made pursuant to section 36-1108(a)3., Idaho
30 Code.
31 2. Make depredation damages payments pursuant to section 36-1108(b),
32 Idaho Code.
33 3. Provide for reimbursement of expenses for members of the advisory com-
34 mittee established in section 36-122, Idaho Code.
35 (d) Any payment for damages pursuant to section 36-1108(b), Idaho Code,
36 is limited by the following conditions and requirements:
37 1. The full amount of any approved claim will not be paid at the time of
38 approval, but shall be subject to the following conditions and require-
39 ments:
40 (A) The director may order not more than one-thirdhalf (1/32) of the
41 amount of the approved claim that is to be paid from the big game
42 primary depredation account to be paid immediately, if, in the judg-
43 ment of the director, such payment is within the estimated total
2
1 claims liability for that fiscal year from the big game primary dep-
2 redation account.
3 (B) The balance of all unpaid approved claim amounts shall be accu-
4 mulated to a total as of June 30. If the balance in the big game pri-
5 mary depredation account is sufficient to pay the balance of all
6 approved claims, the director shall promptly pay them. If the balance
7 is not sufficient to pay the balance of all approved claims, the
8 director shall pay a proportionate share to each claimant.
9 (C) The director shall encumber the balance of the moneys in the
10 account, or moneys sufficient to pay the approved claims, whichever
11 is the lesser.
12 2. Each claimant must submit a statement of total damages sustained per
13 occurrence. For each such statement, the following conditions and require-
14 ments apply:
15 (A) The amount of one thousand dollars ($1,000) must be deducted
16 from each such statement. This deductible is a net loss to the owner
17 or lessee, and will not be compensated for from either the big game
18 primary depredation account or the big game secondary depredation
19 account.
20 (B) The total amount that may be paid from the big game primary dep-
21 redation account shall not exceed nine thousand dollars ($9,000) per
22 approved claim.
23 (C) Approved claims that exceed ten thousand dollars ($10,000) total
24 (one thousand dollars ($1,000) deductible and nine thousand dollars
25 ($9,000) payment from the big game primary depredation account) shall
26 be processed under the provisions of section 36-115, Idaho Code.
27 (D) Approved claims of any amount that involve damage to livestock,
28 berries or honey by black bear or mountain lion shall be processed
29 under the provisions of section 36-115, Idaho Code.
30 (E) Approved claims of any amount that involve damage to forage by
31 antelope, deer, elk or moose shall be processed under the provisions
32 of section 36-115, Idaho Code.
33 (F) Provided however, that for claims in subsequent and consecutive
34 years for damage to standing or stored crops in the same location as
35 the first occurrence, the one thousand dollar ($1,000) deductible
36 shall be waived if the department failed to prevent property loss
37 following the first occurrence.
38 3. Each approved claim must contain a certification by the director of
39 the department of fish and game, or his designee, that:
40 (A) All statutory requirements leading up to approval for payment
41 have been met.
42 (B) The claimant has certified that he will accept the amount
43 approved as payment in full for the claim submitted, subject to the
44 conditions and requirements of this subsection.
45 SECTION 2. That Section 36-115, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 36-115. BIG GAME SECONDARY DEPREDATION ACCOUNT. (a) The big game second-
48 ary depredation account is hereby created in the state treasury. Moneys in the
49 account are subject to appropriation for the purposes recited in section
50 36-1108(b), Idaho Code, section 36-114(d), Idaho Code, section 36-1109 and
51 section 36-1110, Idaho Code. Moneys in the account shall be invested as pro-
52 vided in section 67-1210, Idaho Code, and interest earned on investment of
53 idle moneys in the account shall be paid to the account. The big game second-
3
1 ary depredation account shall be under the administrative direction of the
2 state controller.
3 (b) In addition to any moneys appropriated to the account from other
4 sources, the state controller shall transfer the earned interest not to exceed
5 two hundred and fifty thousand dollars ($250,000) from the fish and game
6 account to the big game secondary depredation account each fiscal year until a
7 total of one million two hundred fifty thousand dollars ($1,250,000) has been
8 transferred to the account.
9 (c) The principal amount in the account shall not be appropriated, but
10 only the interest earned on investment of the moneys in the account shall be
11 available for appropriation. The state controller shall annually report to the
12 legislature, the division of financial management, the director of the depart-
13 ment of agriculture and the director of the department of fish and game the
14 amount of interest earnings and the availability of such earnings for appro-
15 priation. However, should the balance in the account ever exceed three million
16 dollars ($3,000,000), interest earnings that exceed the amount appropriated
17 for any fiscal year shall be transferred to the fish and game set-aside
18 account for habitat rehabilitation. Transferred funds shall be spent pursuant
19 to an appropriation for the set-aside account.
20 (d) Any payment for damages pursuant to sections 36-1108(b) and
21 36-114(d), Idaho Code, is limited by the following conditions and require-
22 ments:
23 1. The full amount of any approved claim will not be paid at the time of
24 approval, but shall be subject to the following conditions and require-
25 ments:
26 (A) The director of the department of fish and game may order not
27 more than one-thirdhalf (1/32) of the amount of the approved claim
28 that is to be paid from the big game secondary depredation account to
29 be paid immediately, if, in the judgment of the director, such pay-
30 ment is within the estimated total claims liability for that fiscal
31 year from the big game secondary depredation account.
32 (B) The balance of all unpaid approved claim amounts, including
33 claims submitted under the provisions of sections 36-1109 and
34 36-1110, Idaho Code, shall be accumulated to a total as of June 30.
35 If the balance in the big game secondary depredation account appro-
36 priation is sufficient to pay the balance of all approved claims, the
37 director shall pay them. If the balance is not sufficient to pay all
38 approved claims, the director shall authorize a proportionate amount
39 to be paid to each claimant. However, claims filed under section
40 36-1108, Idaho Code, shall have priority and will be paid prior to
41 claims filed under sections 36-1109 and 36-1110, Idaho Code.
42 (C) The director shall encumber the balance of moneys appropriated
43 from the big game secondary depredation account, or moneys sufficient
44 to pay the approved claims, whichever is the lesser.
45 2. Each claimant must submit a statement of total damages sustained per
46 occurrence. For each such statement, the following conditions and require-
47 ments apply:
48 (A) The amount of one thousand dollars ($1,000) must be deducted
49 from each such statement. This deductible is a net loss to the owner
50 or lessee, and will not be compensated for from either the big game
51 primary depredation account or from the big game secondary depreda-
52 tion account, but the owner or lessee is required to absorb only a
53 single one thousand dollar ($1,000) deductible per claim, whether the
54 claim is paid solely from the big game primary depredation account or
55 from both depredation accounts.
4
1 (B) Provided however, that for claims in subsequent and consecutive
2 years for damage to standing or stored crops in the same location as
3 the first occurrence, the one thousand dollar ($1,000) deductible
4 will be waived as provided in section 36-114(d)(2)(F), Idaho Code.
5 3. Each approved claim must contain a certification by the director of
6 the department of fish and game, or his designee, that:
7 (A) All statutory requirements leading up to approval for payment
8 have been met.
9 (B) The claimant has certified that he will accept the amount
10 approved as payment in full for the claim submitted, subject to the
11 conditions and requirements of this subsection.
12 (e) Any claim for damages pursuant to section 36-1109, Idaho Code, is
13 limited by the following conditions and requirements:
14 1. The full amount of any approved claim will not be paid at the time of
15 approval, but shall be subject to the following conditions and require-
16 ments:
17 (A) The director of the department of fish and game may order that
18 not more than one-thirdhalf (1/32) of the amount of the approved
19 claim to be paid immediately, if, in the judgment of the director,
20 such payment is within the estimated total claims liability for that
21 fiscal year from the big game secondary depredation account.
22 (B) The balance of all unpaid approved claim amounts shall be accu-
23 mulated to a total as of June 30. If the balance in the big game sec-
24 ondary depredation account appropriation is sufficient to pay all
25 approved claims, the director shall promptly pay them. If the balance
26 is not sufficient to pay the balance of all approved claims, the
27 director shall pay a proportionate share to each claimant. However,
28 claims filed under section 36-1108, Idaho Code, shall have priority
29 and will be paid prior to claims filed under sections 36-1109 and
30 36-1110, Idaho Code.
31 (C) The director shall encumber the balance of the appropriation, or
32 moneys sufficient to pay the approved claims, whichever is the
33 lesser.
34 2. Each claimant must submit a statement of total damages sustained per
35 occurrence. For each such statement, the following condition applies: the
36 amount of one thousand dollars ($1,000) must be deducted from each such
37 statement. Provided however, if an owner or caretaker suffers damage to or
38 destruction of livestock in more than one (1) occurrence during the fiscal
39 year, then only one (1) deductible must be subtracted from the claims and
40 the deductible on subsequent claims will be waived. This deductible is a
41 net loss to the owner or caretaker, and will not be compensated for from
42 the big game secondary depredation account.
43 3. Each approved claim must contain a certification by the director of
44 the department of fish and game, or his designee, that:
45 (A) All statutory requirements leading up to approval for payment
46 have been met.
47 (B) The claimant has certified that he will accept the amount
48 approved as payment in full for the claim submitted, subject to the
49 conditions and requirements of this subsection.
50 (f) Any claim for damages to forage pursuant to section 36-1110, Idaho
51 Code, is limited by the following conditions and requirements:
52 1. The full amount of any approved claim will not be paid at the time of
53 approval, but shall be subject to the following conditions and require-
54 ments:
55 (A) The director of the department of fish and game may order not
5
1 more than one-thirdhalf (1/32) of the amount of the approved claim to
2 be paid immediately, if, in the judgment of the director, such pay-
3 ment is within the estimated total claims liability for that fiscal
4 year from the big game secondary depredation account.
5 (B) The balance of all unpaid approved claim amounts shall be accu-
6 mulated to a total as of June 30. If the balance in the big game sec-
7 ondary depredation account appropriation is sufficient to pay all
8 approved claims, the director shall pay them. If the balance is not
9 sufficient to pay all approved claims, the director shall authorize a
10 proportionate amount to be paid to each claimant. However, claims
11 filed under section 36-1108, Idaho Code, shall have priority and will
12 be paid prior to claims filed under sections 36-1109 and 36-1110,
13 Idaho Code.
14 (C) The director shall encumber the balance of the appropriation, or
15 moneys sufficient to pay the approved claims, whichever is the
16 lesser.
17 2. Each claimant must submit a statement of total damages sustained per
18 occurrence. For each such statement, the following conditions and require-
19 ments apply:
20 (A) The amount of one thousand dollars ($1,000) must be deducted
21 from each such statement. This deductible is a net loss to the owner
22 or lessee, and will not be compensated for from the big game second-
23 ary depredation account.
24 (B) The total amount of all claims for damages to forage that may be
25 paid from the big game secondary depredation account shall not exceed
26 twenty-five percent (25%) of the amount of interest earned from
27 investments of moneys in that account in any one (1) fiscal year.
28 3. Each approved claim must contain a certification by the director of
29 the department of fish and game, or his designee, that:
30 (A) All statutory requirements leading up to approval for payment
31 have been met.
32 (B) The claimant has certified that he will accept the amount
33 approved as payment in full for the claim submitted, subject to the
34 conditions and requirements of this subsection.
35 SECTION 3. That Section 36-1108, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 36-1108. CONTROL OF DAMAGE BY ANTELOPE, ELK, DEER OR MOOSE -- COMPENSA-
38 TION FOR DAMAGES. (a) Prevention of depredation shall be a priority management
39 objective of the department, and it is the obligation of landowners to take
40 all reasonable steps to prevent property loss from wildlife or to mitigate
41 damages by wildlife. When any antelope, elk, deer or moose is doing damage to
42 or is destroying any property or is about to do so, the owner or lessee
43 thereof may make complaint and report the facts to the director or his desig-
44 nee who shall, within seventy-two (72) hours, investigate the conditions com-
45 plained of. If it appears that the complaint is well founded and the property
46 of the complainant is being or is likely to be damaged or destroyed by such
47 antelope, elk, deer or moose, the director may:
48 1. Send a representative onto the premises to control, trap, and/or
49 remove such animals as will stop the damage to said property. Any animals
50 so taken shall remain the property of the state and shall be turned over
51 to the director.
52 2. Grant properly safeguarded permission to the complainant to control,
53 trap and/or remove such animals. Any animals so taken shall remain the
6
1 property of the state and shall be turned over to the director.
2 3. Make an agreement with the owner or lessee to allow continued use of
3 lands by the animals where damage by them has occurred to stored, growing
4 or matured crops on private property whether owned or leased. This agree-
5 ment may be transacted only after department attempts to resolve the prob-
6 lem by other means have proven unsuccessful. The agreement made under the
7 provisions of this subsection may provide for financial compensation to
8 the owner or lessee. If made, financial compensation under the provisions
9 of this subsection shall be governed by the provisions of section 36-114,
10 Idaho Code, and shall not be in addition to any payments for the same crop
11 losses from any other source. Compensation for damages under the provi-
12 sions of this subsection shall be available for damages done to private
13 lands, whether owned or leased, if the owner or lessee allowed hunters
14 reasonable access to the property or through the property to public lands
15 for hunting purposes during the preceding hunting season. This provision
16 shall not negate the provisions of section 36-1602, Idaho Code, relating
17 to the necessity of obtaining permission to enter private land. If neces-
18 sary, the arbitration panel provided for in subsection (b) of this section
19 shall determine the reasonableness of access allowed.
20 (b) 1. In order to establish eligibility for submission of claims for
21 damages, persons suffering crop damages on privately owned or leased land
22 caused by antelope, elk, deer or moose must:
23 (A) Notify the department within seventy-two (72) hours of discovery
24 of damage.
25 (B) Follow up verbal notification with a written notice within ten
26 (10) days of the discovery of damages.
27 (C) The department shall not be held liable or accountable for any
28 damages occurring more than ten (10) days prior to the initial noti-
29 fication of damage. However, the department may extend the period up
30 to thirty (30) days under exceptional circumstances.
31 The owner or lessee must have allowed hunters reasonable access to the
32 property or through the property to public lands for hunting purposes dur-
33 ing the preceding hunting season or the claim for damages shall be disal-
34 lowed. Compensation for crop damages' claims shall not be in addition to
35 any payments for the same crop losses from any other source and shall not
36 include fence or other types of property damage. While fences and irriga-
37 tion equipment are not subject to claim for payment, the department is
38 allowed to provide support and assistance, including provision of mate-
39 rials to design, construct, and maintain fences for control of depreda-
40 tion. The notice of damages caused must be in written form, shall be in
41 the form of a claim for damages substantially the same as required by sec-
42 tion 6-907, Idaho Code, shall be attested to by the claimant under oath,
43 and the claim shall be at least one thousand dollars ($1,000). The claim
44 shall not be amended after it is filed, provided however, that a claimant
45 may file an additional claim in the event additional damage occurs subse-
46 quent to filing the initial claim. The department shall prepare and make
47 available suitable forms for notice and claim for damages. Claims may be
48 submitted only for the fiscal year (July 1 through June 30) in which they
49 occurred. Any person submitting a fraudulent claim shall be prosecuted for
50 a felony as provided in section 18-2706, Idaho Code. For purposes of this
51 subsection, crop damages shall mean damage to plants grown or stored for
52 profit and exclude ornamental plants.
53 2. Upon receipt by the department, the department shall review the claim,
54 and if approved, pay it as provided in section 36-114, Idaho Code, or
55 order it paid as provided in section 36-115, Idaho Code. Failure on the
7
1 part of the owner or lessee to allow on-site access for inspection and
2 investigation of alleged losses shall void the claim for damages.
3 3. If In the event the owner or lessee and the department finds that fail
4 to agree on the amount of damages has indeed occurred, the department may
5 pay the amount of the damages as claimed, or, within fifteen (15) business
6 days of the written claim, either party may make a counter offer to pay
7 elect to retain the services of an independent certified insurance
8 adjuster licensed in the state of Idaho to view the affected property and
9 determine the amount of damages. In the event the owner or lessee and the
10 department fail to agree on the amount of damages and neither party elects
11 to retain the services of an independent certified insurance adjuster,
12 provisions of subsection (b)4. of this section shall apply. The indepen-
13 dent certified adjuster shall complete his review and determination within
14 thirty twenty (320) days from the date he is retained, and will report
15 his determination in writing by certified mail to the department and to
16 the owner or lessee. Neither the owner or lessee, nor the department,
17 shall disturb the affected property prior to review and determination by
18 the independent insurance adjuster. Costs associated with the services of
19 the written claim independent insurance adjuster shall be divided equally
20 between the owner or lessee and the department, subject to reapportionment
21 of the costs by an arbitration panel pursuant to the provisions of subsec-
22 tion (b)4. of this section. If the department, or the owner or lessee
23 rejects the department's offer, which rejection or refusal must be in
24 writing, the provisions of paragraph 4. shall apply. Any offer which is
25 not accepted determination of the adjuster, they shall notify the other
26 party in writing of the rejection within thirty five (305) business days
27 of receipt shall be deemed to be rejected of the adjuster's determination.
28 In the event that either party rejects the adjuster's determination, the
29 provisions of subsection (b)4. of this section shall apply.
30 4. Within five (5) working business days of the owner's or lessee's a
31 rejection of an offer to pay adjuster's determination of damages or fail-
32 ure of the owner or lessee and the department to agree on damages when a
33 certified insurance adjuster is not used, or within five (5) working days
34 after the department finds that no damage has in fact been sustained, the
35 director must convene an arbitration panel. To convene an arbitration
36 panel, the director must, within five (5) working business days, appoint
37 the department's representative and notify the landholder of the appoint-
38 ment. The landholder(s) shall, within the next five (5) working business
39 days following such notice from the department, appoint his representative
40 and notify the department of the appointment. Within the next five (5)
41 working business days, the department representative and the landholder
42 must mutually appoint the third arbitrator. The arbitration panel shall
43 consist of three (3) members, as follows:
44 (A) The director of the department of fish and game or his designee;
45 (B) The owner or his designee, or the lessee or his designee;
46 (C) One (1) member selected by the two (2) members above.
47 The panel shall convene within thirty (30) days of the selection of the
48 third arbitrator, and render its decision within fourteen (14) days after
49 the hearing. When convened, the arbitration panel shall have the same
50 authority to make on-site inspections as the department. The owner or les-
51 see shall be responsible for payment of the expenses of his appointee; the
52 director shall pay the expenses of his appointee from the big game primary
53 depredation account; and the expenses of the third member shall be a joint
54 responsibility of the owner or lessee, and the department. Provided how-
55 ever, the panel is authorized to review the costs associated with retain-
8
1 ing the independent insurance adjuster and to determine whether those
2 costs should instead be borne solely by the owner or lessee, solely by the
3 department, or be apportioned between the owner or lessee and the depart-
4 ment. In cases where an independent insurance adjuster was used, the party
5 electing to use the adjuster shall assume the insurance adjuster's deter-
6 mination of damage as their estimate of damage. The panel shall consider
7 the claim submitted by the owner or lessee, and the estimate of damages
8 determined submitted by the department, and shall select one (1) amount or
9 the other as being the closest to the actual damages sustained by the
10 claimant. The arbitration panel shall report its decision in writing to
11 both the owner or lessee and to the department within ten (10) days of the
12 decision, and the decision of the panel shall be binding on the owner or
13 lessee and the department. The fish and game advisory committee shall
14 develop guidelines to govern arbitration procedures in accordance with
15 chapter 52, title 67, Idaho Code.
16 (c) Any claim received by the department under the provisions of subsec-
17 tion (b) of this section must be processed by the department within sixty (60)
18 calendar days of receipt. If the claim is approved for payment, payment must
19 be made within forty-five (45) calendar days of such approval. Any damage
20 claim determination by an independent insurance adjuster pursuant to subsec-
21 tion (b)3. of this section, accepted by the parties, must be paid by the
22 department within forty-five (45) calendar days of the determination. If the
23 claim is arbitrated, the arbitration must be completed within one hundred
24 eighty (180) calendar days of filing the claim for such damages.
25 SECTION 4. That Section 36-1109, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 36-1109. CONTROL OF DAMAGE BY BLACK BEARS OR MOUNTAIN LIONS -- COMPENSA-
28 TION FOR DAMAGE. (a) Prevention of depredation shall be a priority management
29 objective of the department, and it is the obligation of landowners to take
30 all reasonable steps to prevent property loss from black bears or mountain
31 lions or to mitigate damage by such. The director, or his representative, will
32 consult with appropriate land management agencies and landusers before trans-
33 planting or relocating any black bear or mountain lion.
34 (b) When any black bear or mountain lion has done damage to or is
35 destroying livestock on public, state, or private land, whether owned or
36 leased, or when any black bear has done damage to or is destroying berries or
37 honey on private land, the owner or his representative of such livestock
38 shall, for the purposes of filing a claim, report such loss to a representa-
39 tive of the U.S. department of agriculture animal plant and health inspection
40 services/animal damage control (APHIS/ADC) who shall, within seventy-two (72)
41 hours, investigate the conditions complained of. For purposes of this section,
42 livestock shall be defined as domestic cattle, sheep, and goats. If it appears
43 that the complaint is well founded and livestock, berries or honey of the com-
44 plainant has been damaged or destroyed by such black bear or mountain lion,
45 APHIS/ADC shall so inform the director or the department's regional office
46 owner or his representative of the extent of physical damage or destruction in
47 question. The owner shall provide the director or the department's regional
48 office with the APHIS/ADC determination of damages or destruction. The physi-
49 cal damages, without establishing a monetary value thereon, as determined by
50 the APHIS/ADC representative shall be final, and shall be binding upon the
51 owner or his representative and on the department.
52 (c) Any claim for damages must be in written form, shall be in the form
53 of a claim for damages substantially the same as required in section 6-907,
9
1 Idaho Code, shall be attested to by the claimant under oath, and the claim
2 shall be for an amount of at least one thousand dollars ($1,000) in damages
3 per occurrence. The department shall prepare and make available suitable forms
4 for claims for damages. Claims may be submitted only for the fiscal year (July
5 1 through June 30) in which they occurred. Any person submitting a fraudulent
6 claim shall be prosecuted for a felony as provided in section 18-2706, Idaho
7 Code.
8 1. Upon receipt by the department, the department shall review the claim,
9 and if approved, pay it as provided in section 36-115, Idaho Code. Failure
10 on the part of the owner or representative to allow on-site access shall
11 negate the claim for damages.
12 2. If the department accepts the claim for damages as submitted by the
13 owner or his representative, the department may approve the claim for pay-
14 ment, or may make a counter offer. If the owner or his representative
15 rejects the department's counter offer, this rejection or refusal must be
16 in writing and submitted within five (5) working business days. The value
17 of the damage or destruction will then be determined by arbitration as set
18 forth in pursuant to the provisions of subsection (b)3. of section
19 36-1108, Idaho Code, and, in circumstances so provided for by the provi-
20 sions of subsection (b)3. of section 36-1108, Idaho Code, pursuant to the
21 provisions of subsection (b)4. of section 36-1108, Idaho Code. Any claim
22 received by the department under the provisions of this section must be
23 finally decided processed by the department within sixty (60) calendar
24 days of receipt. by the department. If the claim is approved for payment,
25 the claim must be immediately forwarded to the department of administra-
26 tion for payment. Any damage claim determination by an independent insur-
27 ance adjuster, accepted by the parties, must be paid by the department
28 within forty-five (45) days of the determination. If the claim is
29 arbitrated, the arbitration must be completed within one hundred eighty
30 (180) days of filing the claim for such damages.
STATEMENT OF PURPOSE
RS 14072
This legislation provides that, upon making a payment on a
claim for depredation damages, the Department of Fish and Game
will now pay the claimant 1/2 as an initial payment, instead of
the current 1/3. The change also allows for the use of an
independent certified adjuster, if either the claimant or the
Department of Fish and Game do not agree on the amount of the
claim. This should keep most claims from going to arbitration.
FISCAL IMPACT
No fiscal impact on the General Fund.
Contact
Name: Dar Olberding
Phone: (208) 761-6012
STATEMENT OF PURPOSE/FISCAL NOTE H 700