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S1171aa..........................................................by FINANCE
BIG GAME DEPREDATION FUND - Repeals and amends existing law relating to
fish and game to provide for the Nonexpendable Big Game Depredation Fund;
to provide for transfer of moneys from the Big Game Secondary Depredation
Account to the Nonexpendable Big Game Depredation Fund; to provide for the
deposit and distribution of moneys from the Nonexpendable Big Game
Depredation Fund; to provide that the Big Game Secondary Depredation
Account shall be known and referred to as the Expendable Big Game
Depredation Fund; to provide conditions and requirements relating to
payments for damages from the Expendable Big Game Depredation Fund; to
provide that owners or lessees must allow hunters certain access to their
property or through their property to public lands provided it does not
impact their operations; and to provide for the transfer of appropriated
and encumbered moneys and outstanding claims from the Big Game Primary
Depredation Account to the Expendable Big Game Depredation Fund.
03/02 Senate intro - 1st rdg - to printing
03/03 Rpt prt - to Res/Env
03/14 Rpt out - to 14th Ord
Rpt out amen - to engros
03/15 Rpt engros - 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/18 3rd rdg as amen - PASSED - 21-13-0, 1 vacancy
AYES -- Brandt, Broadsword, Bunderson, Burtenshaw, Cameron, Corder,
Darrington, Gannon, Geddes, Hill, Jorgenson, Keough, Little, Lodge,
Marley, McGee, McKenzie, Pearce, Richardson, Sweet, Williams
NAYS -- Andreason, Burkett, Coiner, Compton, Davis, Goedde, Kelly,
Langhorst, Malepeai, Schroeder, Stegner, Stennett, Werk
Absent and excused -- (District 21 seat vacant)
Floor Sponsor - Cameron
Title apvd - to House
03/21 House intro - 1st rdg - to Res/Con
03/30 Rpt out - rec d/p - to 2nd rdg
03/31 2nd rdg - to 3rd rdg
Rls susp - PASSED - 53-14-3
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao(Reynoldson), Black, Block, Bolz, Bradford,
Cannon, Chadderdon, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henderson,
Kemp, Lake, Loertscher, Mathews, McGeachin, McKague, Miller, Moyle,
Nielsen, Nonini, Raybould, Ring, Rydalch, Sali, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Smith(24), Snodgrass, Stevenson,
Trail, Wills, Wood, Mr. Speaker
NAYS -- Boe, Clark, Henbest, Jaquet, Jones, Martinez, Mitchell,
Pasley-Stuart, Pence, Ringo, Rusche, Sayler, Smith(30), Smylie
Absent and excused -- LeFavour, Roberts, Skippen
Floor Sponsor - Moyle
Title apvd - to Senate
04/04 To enrol
04/05 Rpt enrol - Pres/Sp signed
04/06 To Governor
04/15 Governor signed
Session Law Chapter 403
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1171
BY FINANCE COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; REPEALING SECTION 36-114, IDAHO CODE; AMENDING SEC-
3 TION 36-115, IDAHO CODE, TO PROVIDE FOR THE NONEXPENDABLE BIG GAME DEPRE-
4 DATION FUND, TO PROVIDE FOR THE TRANSFER OF A SPECIFIED AMOUNT FROM THE
5 BIG GAME SECONDARY DEPREDATION ACCOUNT TO THE NONEXPENDABLE BIG GAME DEP-
6 REDATION FUND, TO PROVIDE FOR THE DEPOSIT AND DISTRIBUTION OF MONEYS FROM
7 THE NONEXPENDABLE BIG GAME DEPREDATION FUND, TO PROVIDE THAT THE BIG GAME
8 SECONDARY DEPREDATION ACCOUNT SHALL BE KNOWN AND REFERRED TO AS THE
9 EXPENDABLE BIG GAME DEPREDATION FUND, TO PROVIDE FOR THE DEPOSIT AND DIS-
10 TRIBUTION OF MONEYS FROM THE EXPENDABLE BIG GAME DEPREDATION FUND, TO
11 REVISE TERMINOLOGY, TO REQUIRE THE STATE CONTROLLER TO MAKE SPECIFIED
12 ANNUAL REPORTS RELATING TO THE INTEREST EARNINGS AND THE AVAILABILITY OF
13 MONEYS IN THE EXPENDABLE BIG GAME DEPREDATION FUND, TO PROVIDE THAT FUNDS
14 TRANSFERRED FROM THE EXPENDABLE BIG GAME DEPREDATION FUND TO THE FISH AND
15 GAME SET-ASIDE ACCOUNT AND THE ANIMAL DAMAGE CONTROL ACCOUNT SHALL BE
16 SPENT PURSUANT TO RESPECTIVE APPROPRIATIONS FOR THOSE ACCOUNTS AND TO PRO-
17 VIDE CONDITIONS AND REQUIREMENTS RELATING TO PAYMENTS FOR DAMAGES FROM THE
18 EXPENDABLE BIG GAME DEPREDATION FUND; AMENDING SECTION 36-122, IDAHO CODE,
19 TO PROVIDE FOR PAYMENT OF CERTAIN EXPENSES FROM THE EXPENDABLE BIG GAME
20 DEPREDATION FUND; AMENDING SECTION 36-1108, IDAHO CODE, TO REVISE CODE
21 REFERENCES, TO PROVIDE THAT OWNERS OR LESSEES MUST ALLOW HUNTERS CERTAIN
22 ACCESS TO THEIR PROPERTY OR THROUGH THEIR PROPERTY TO PUBLIC LANDS PRO-
23 VIDED IT DOES NOT IMPACT ON THEIR OPERATIONS, TO REVISE TERMINOLOGY AND TO
24 MAKE A TECHNICAL CORRECTION; AND TO PROVIDE FOR THE TRANSFER OF APPROPRI-
25 ATED AND ENCUMBERED MONEYS AND OUTSTANDING CLAIMS FROM THE BIG GAME PRI-
26 MARY DEPREDATION ACCOUNT TO THE EXPENDABLE BIG GAME DEPREDATION FUND.
27 Be It Enacted by the Legislature of the State of Idaho:
28 SECTION 1. That Section 36-114, Idaho Code, be, and the same is hereby
29 repealed.
30 SECTION 2. That Section 36-115, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 36-115. NONEXPENDABLE BIG GAME SECONDARY DEPREDATION ACCOUNT FUND --
33 EXPENDABLE BIG GAME DEPREDATION FUND. (a) The nonexpendable big game depreda-
34 tion fund is hereby established in the state treasury. On July 1, 2005, the
35 state controller shall transfer two million two hundred fifty thousand dollars
36 ($2,250,000) from the big game secondary depredation account, created pursuant
37 to section 3, chapter 370, laws of 1990, to the nonexpendable big game depre-
38 dation fund. Moneys in the fund shall be invested as provided in section
39 67-1210, Idaho Code, and interest earned on investment of idle moneys in the
40 fund shall be paid to the expendable big game depredation fund. The principal
41 amount in the fund shall not be appropriated, but only the interest earned on
42 investment of the moneys in the fund shall be available for appropriation to
2
1 the expendable big game depredation fund.
2 (b) The big game secondary depredation account is hereby was created in
3 the state treasury pursuant to section 3, chapter 370, laws of 1990, and
4 shall, from the date of enactment of this act, be known and referred to as the
5 expendable big game depredation fund. In addition to payments to the fund from
6 the nonexpendable big game depredation fund as provided for in subsection (a)
7 of this section, the state controller shall annually, as soon after July 1 of
8 each year as practical, transfer into the fund two hundred thousand dollars
9 ($200,000) from the fish and game account. Moneys in the account fund are sub-
10 ject to appropriation for the purposes recited in section 36-122, Idaho Code,
11 section 36-1108(a)3., Idaho Code, section 36-1108(b), Idaho Code, section
12 36-114(d), Idaho Code, section 36-1109 and section 36-1110, Idaho Code. Moneys
13 in the account fund shall be invested as provided in section 67-1210, Idaho
14 Code, and interest earned on investment of idle moneys in the account fund
15 shall be paid to the account fund. The expendable big game secondary depreda-
16 tion account fund shall be under the administrative direction of the state
17 controller.
18 (b) In addition to any moneys appropriated to the account from other
19 sources, the state controller shall transfer the earned interest not to exceed
20 two hundred fifty thousand dollars ($250,000) from the fish and game account
21 to the big game secondary depredation account each fiscal year until a total
22 of one million two hundred fifty thousand dollars ($1,250,000) has been trans-
23 ferred to the account.
24 (c) The principal amount in the account shall not be appropriated, but
25 only the interest earned on investment of the moneys in the account shall be
26 available for appropriation. The state controller shall annually report to the
27 legislature, the division of financial management, the director of the depart-
28 ment of agriculture and the director of the department of fish and game the
29 amount of interest earnings and the availability of such earnings moneys in
30 the expendable big game depredation fund for appropriation. However, should
31 the balance in the account ever At the close of each fiscal year, any unex-
32 pended and unencumbered balance that exceeds three million seven hundred fifty
33 thousand dollars ($3,00750,000), interest earnings that exceed the amount
34 appropriated for any fiscal year shall be transferred as follows: seventy-five
35 thousand dollars ($75,000) to the fish and game set-aside account to be ear-
36 marked for sportsmen access programs with the remaining amount transferred to
37 the fish and game set-aside animal damage control account for habitat rehabil-
38 itation established pursuant to section 36-112, Idaho Code. Transferred funds
39 shall be spent pursuant to an the respective appropriations for the set-aside
40 account and the animal damage control account.
41 (d) Any payment for damages pursuant to sections 36-1108(b), and
42 36-114(d), Idaho Code, is limited by the following conditions and require-
43 ments:
44 1. The full amount of any approved claim will not be paid at the time of
45 approval, but shall be subject to the following conditions and require-
46 ments:
47 (A) The director of the department of fish and game may order not
48 more than one-half (1/2) of the amount of the approved claim that is
49 to be paid from the expendable big game secondary depredation account
50 fund to be paid immediately, if, in the judgment of the director,
51 such payment is within the estimated total claims liability for that
52 fiscal year from the expendable big game secondary depredation
53 account fund.
3
1 (B) The balance of all unpaid approved claim amounts, including
2 claims submitted under the provisions of sections 36-1109 and
3 36-1110, Idaho Code, shall be accumulated to a total as of June 30.
4 If the balance in the expendable big game secondary depredation
5 account fund appropriation is sufficient to pay the balance of all
6 approved claims, the director shall pay them. If the balance is not
7 sufficient to pay all approved claims, the director shall authorize a
8 proportionate amount to be paid to each claimant. However, claims
9 filed under section 36-1108, Idaho Code, shall have priority and will
10 be paid prior to claims filed under sections 36-1109 and 36-1110,
11 Idaho Code.
12 (C) The director shall encumber the balance of moneys appropriated
13 from the expendable big game secondary depredation account fund, or
14 moneys sufficient to pay the approved claims, whichever is the
15 lesser.
16 2. Each claimant must submit a statement of total damages sustained per
17 occurrence. For each such statement, the following conditions and require-
18 ments apply:
19 (A) The amount of one thousand dollars ($1,000) must be deducted
20 from each such statement. This deductible is a net loss to the owner
21 or lessee, and will not be compensated for from either the expendable
22 big game primary depredation account or from the big game secondary
23 depredation account fund, but the owner or lessee is required to
24 absorb only a single one thousand dollar ($1,000) deductible per
25 claim, whether the claim is paid solely from the big game primary
26 depredation account or from both depredation accounts.
27 (B) Provided however, that for claims in subsequent and consecutive
28 years for damage to standing or stored crops in the same location as
29 the first occurrence, the one thousand dollar ($1,000) deductible
30 will be waived as provided in section 36-114(d)(2)(F), Idaho Code if
31 the department failed to prevent property loss following the first
32 occurrence.
33 3. Each approved claim must contain a certification by the director of
34 the department of fish and game, or his designee, that:
35 (A) All statutory requirements leading up to approval for payment
36 have been met.
37 (B) The claimant has certified that he will accept the amount
38 approved as payment in full for the claim submitted, subject to the
39 conditions and requirements of this subsection.
40 (e) Any claim for damages pursuant to section 36-1109, Idaho Code, is
41 limited by the following conditions and requirements:
42 1. The full amount of any approved claim will not be paid at the time of
43 approval, but shall be subject to the following conditions and require-
44 ments:
45 (A) The director of the department of fish and game may order that
46 not more than one-half (1/2) of the amount of the approved claim to
47 be paid immediately, if, in the judgment of the director, such pay-
48 ment is within the estimated total claims liability for that fiscal
49 year from the expendable big game secondary depredation account fund.
50 (B) The balance of all unpaid approved claim amounts shall be accu-
51 mulated to a total as of June 30. If the balance in the expendable
52 big game secondary depredation account fund appropriation is suffi-
53 cient to pay all approved claims, the director shall promptly pay
4
1 them. If the balance is not sufficient to pay the balance of all
2 approved claims, the director shall pay a proportionate share to each
3 claimant. However, claims filed under section 36-1108, Idaho Code,
4 shall have priority and will be paid prior to claims filed under sec-
5 tions 36-1109 and 36-1110, Idaho Code.
6 (C) The director shall encumber the balance of the appropriation, or
7 moneys sufficient to pay the approved claims, whichever is the
8 lesser.
9 2. Each claimant must submit a statement of total damages sustained per
10 occurrence. For each such statement, the following condition applies: the
11 amount of one thousand dollars ($1,000) must be deducted from each such
12 statement. Provided however, if an owner or caretaker suffers damage to or
13 destruction of livestock in more than one (1) occurrence during the fiscal
14 year, then only one (1) deductible must be subtracted from the claims and
15 the deductible on subsequent claims will be waived. This deductible is a
16 net loss to the owner or caretaker, and will not be compensated for from
17 the expendable big game secondary depredation account fund.
18 3. Each approved claim must contain a certification by the director of
19 the department of fish and game, or his designee, that:
20 (A) All statutory requirements leading up to approval for payment
21 have been met.
22 (B) The claimant has certified that he will accept the amount
23 approved as payment in full for the claim submitted, subject to the
24 conditions and requirements of this subsection.
25 (f) Any claim for damages to forage pursuant to section 36-1110, Idaho
26 Code, is limited by the following conditions and requirements:
27 1. The full amount of any approved claim will not be paid at the time of
28 approval, but shall be subject to the following conditions and require-
29 ments:
30 (A) The director of the department of fish and game may order not
31 more than one-half (1/2) of the amount of the approved claim to be
32 paid immediately, if, in the judgment of the director, such payment
33 is within the estimated total claims liability for that fiscal year
34 from the expendable big game secondary depredation account fund.
35 (B) The balance of all unpaid approved claim amounts shall be accu-
36 mulated to a total as of June 30. If the balance in the expendable
37 big game secondary depredation account fund appropriation is suffi-
38 cient to pay all approved claims, the director shall pay them. If the
39 balance is not sufficient to pay all approved claims, the director
40 shall authorize a proportionate amount to be paid to each claimant.
41 However, claims filed under section 36-1108, Idaho Code, shall have
42 priority and will be paid prior to claims filed under sections
43 36-1109 and 36-1110, Idaho Code.
44 (C) The director shall encumber the balance of the appropriation, or
45 moneys sufficient to pay the approved claims, whichever is the
46 lesser.
47 2. Each claimant must submit a statement of total damages sustained per
48 occurrence. For each such statement, the following conditions and require-
49 ments apply:
50 (A) The amount of one thousand dollars ($1,000) must be deducted
51 from each such statement. This deductible is a net loss to the owner
52 or lessee, and will not be compensated for from the expendable big
53 game secondary depredation account fund.
5
1 (B) The total amount of all claims for damages to forage that may be
2 paid from the expendable big game secondary depredation account fund
3 shall not exceed twenty-five percent (25%) of the amount of interest
4 earned from investments of moneys in that account fund in any one (1)
5 fiscal year.
6 3. Each approved claim must contain a certification by the director of
7 the department of fish and game, or his designee, that:
8 (A) All statutory requirements leading up to approval for payment
9 have been met.
10 (B) The claimant has certified that he will accept the amount
11 approved as payment in full for the claim submitted, subject to the
12 conditions and requirements of this subsection.
13 SECTION 3. That Section 36-122, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 36-122. ADVISORY COMMITTEE. (a) There is hereby created the fish and game
16 advisory committee. The committee shall consist of twelve (12) members. Six
17 (6) members of the committee shall be appointed by the director of the depart-
18 ment of fish and game to generally represent wildlife interests. Six (6) mem-
19 bers of the committee shall be appointed by the director of the department of
20 agriculture to generally represent agricultural interests. At the beginning of
21 each odd-numbered year, the director of the department of agriculture shall
22 appoint a chairman from among his appointees, and the director of the depart-
23 ment of fish and game shall appoint a vice-chairman from among his appointees.
24 At the beginning of each even-numbered year, the director of the department of
25 fish and game shall appoint a chairman from among his appointees, and the
26 director of the department of agriculture shall appoint a vice-chairman from
27 among his appointees. The committee shall meet at such times as appropriate,
28 but not less frequently than annually.
29 (b) All members shall be appointed to serve three (3) year terms.
30 Appointments to fill vacancies shall be for the balance of the unexpired
31 term. All members shall be appointed by and serve at the pleasure of the
32 respective directors of the department of agriculture or the department of
33 fish and game. Members shall be compensated as provided in section 59-509(b),
34 Idaho Code, and such expenses shall be paid from the expendable big game pri-
35 mary depredation account fund.
36 (c) The department of fish and game shall provide staff assistance and
37 support for the committee.
38 (d) The committee shall have the authority to:
39 1. Act as a liaison between the commission, landowners, the department of
40 agriculture, the department of fish and game, and wildlife, outdoor recre-
41 ation and sportsmen's organizations;
42 2. Act as an independent resource to give advice and recommendations on
43 administration of the programs authorized in sections 36-1108 and 36-1109,
44 Idaho Code.
45 SECTION 4. That Section 36-1108, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 36-1108. CONTROL OF DAMAGE BY ANTELOPE, ELK, DEER OR MOOSE -- COMPENSA-
48 TION FOR DAMAGES. (a) Prevention of depredation shall be a priority management
49 objective of the department, and it is the obligation of landowners to take
6
1 all reasonable steps to prevent property loss from wildlife or to mitigate
2 damages by wildlife. When any antelope, elk, deer or moose is doing damage to
3 or is destroying any property or is about to do so, the owner or lessee
4 thereof may make complaint and report the facts to the director or his desig-
5 nee who shall, within seventy-two (72) hours, investigate the conditions com-
6 plained of. If it appears that the complaint is well founded and the property
7 of the complainant is being or is likely to be damaged or destroyed by such
8 antelope, elk, deer or moose, the director may:
9 1. Send a representative onto the premises to control, trap, and/or
10 remove such animals as will stop the damage to said property. Any animals
11 so taken shall remain the property of the state and shall be turned over
12 to the director.
13 2. Grant properly safeguarded permission to the complainant to control,
14 trap and/or remove such animals. Any animals so taken shall remain the
15 property of the state and shall be turned over to the director.
16 3. Make an agreement with the owner or lessee to allow continued use of
17 lands by the animals where damage by them has occurred to stored, growing
18 or matured crops on private property whether owned or leased. This agree-
19 ment may be transacted only after department attempts to resolve the prob-
20 lem by other means have proven unsuccessful. The agreement made under the
21 provisions of this subsection may provide for financial compensation to
22 the owner or lessee. If made, financial compensation under the provisions
23 of this subsection shall be governed by the provisions of section 36-1145,
24 Idaho Code, and shall not be in addition to any payments for the same crop
25 losses from any other source. Compensation for damages under the provi-
26 sions of this subsection shall be available for damages done to private
27 lands, whether owned or leased, if the owner or lessee allowed hunters
28 reasonable access to the property or through the property to public lands
29 for hunting purposes during the preceding hunting season. This provision
30 shall not negate the provisions of section 36-1602, Idaho Code, relating
31 to the necessity of obtaining permission to enter private land. If neces-
32 sary, the arbitration panel provided for in subsection (b) of this section
33 shall determine the reasonableness of access allowed.
34 (b) 1. In order to establish eligibility for submission of claims for
35 damages, persons suffering crop damages on privately owned or leased land
36 caused by antelope, elk, deer or moose must:
37 (A) Notify the department within seventy-two (72) hours of discovery
38 of damage.
39 (B) Follow up verbal notification with a written notice within ten
40 (10) days of the discovery of damages.
41 (C) The department shall not be held liable or accountable for any
42 damages occurring more than ten (10) days prior to the initial noti-
43 fication of damage. However, the department may extend the period up
44 to thirty (30) days under exceptional circumstances.
45 The owner or lessee must have allowed hunters reasonable access to the
46 property or through the property to public lands for hunting purposes dur-
47 ing the preceding hunting season, provided such access does not impact on
48 their operations, or the claim for damages shall be disallowed. Compensa-
49 tion for crop damages' claims shall not be in addition to any payments for
50 the same crop losses from any other source and shall not include fence or
51 other types of property damage. While fences and irrigation equipment are
52 not subject to claim for payment, the department is allowed to provide
53 support and assistance, including provision of materials to design, con-
7
1 struct, and maintain fences for control of depredation. The notice of dam-
2 ages caused must be in written form, shall be in the form of a claim for
3 damages substantially the same as required by section 6-907, Idaho Code,
4 shall be attested to by the claimant under oath, and the claim shall be at
5 least one thousand dollars ($1,000). The claim shall not be amended after
6 it is filed, provided however, that a claimant may file an additional
7 claim in the event additional damage occurs subsequent to filing the ini-
8 tial claim. The department shall prepare and make available suitable forms
9 for notice and claim for damages. Claims may be submitted only for the
10 fiscal year (July 1 through June 30) in which they occurred. Any person
11 submitting a fraudulent claim shall be prosecuted for a felony as provided
12 in section 18-2706, Idaho Code. For purposes of this subsection, crop dam-
13 ages shall mean damage to plants grown or stored for profit and exclude
14 ornamental plants.
15 2. Upon receipt by the department, the department shall review the claim,
16 and if approved, pay it as provided in section 36-1145, Idaho Code, or
17 order it paid as provided in section 36-115, Idaho Code. Failure on the
18 part of the owner or lessee to allow on-site access for inspection and
19 investigation of alleged losses shall void the claim for damages.
20 3. In the event the owner or lessee and the department fail to agree on
21 the amount of damages within fifteen (15) business days of the written
22 claim, either party may elect to retain the services of an independent
23 certified insurance adjuster licensed in the state of Idaho to view the
24 affected property and determine the amount of damages. In the event the
25 owner or lessee and the department fail to agree on the amount of damages
26 and neither party elects to retain the services of an independent certi-
27 fied insurance adjuster, provisions of subsection (b)4. of this section
28 shall apply. The independent certified adjuster shall complete his review
29 and determination within twenty (20) days from the date he is retained,
30 and will report his determination in writing by certified mail to the
31 department and to the owner or lessee. Neither the owner or lessee, nor
32 the department, shall disturb the affected property prior to review and
33 determination by the independent insurance adjuster. Costs associated with
34 the services of the independent insurance adjuster shall be divided
35 equally between the owner or lessee and the department, subject to reap-
36 portionment of the costs by an arbitration panel pursuant to the provi-
37 sions of subsection (b)4. of this section. If the department, or the owner
38 or lessee rejects the determination of the adjuster, they shall notify the
39 other party in writing of the rejection within five (5) business days of
40 receipt of the adjuster's determination. In the event that either party
41 rejects the adjuster's determination, the provisions of subsection (b)4.
42 of this section shall apply.
43 4. Within five (5) business days of a rejection of an adjuster's determi-
44 nation of damages or failure of the owner or lessee and the department to
45 agree on damages when a certified insurance adjuster is not used, the
46 director must convene an arbitration panel. To convene an arbitration
47 panel, the director must, within five (5) business days, appoint the
48 department's representative and notify the landholder of the appointment.
49 The landholder(s) shall, within the next five (5) business days following
50 such notice from the department, appoint his representative and notify the
51 department of the appointment. Within the next five (5) business days, the
52 department representative and the landholder must mutually appoint the
53 third arbitrator. The arbitration panel shall consist of three (3) mem-
8
1 bers, as follows:
2 (A) The director of the department of fish and game or his designee;
3 (B) The owner or his designee, or the lessee or his designee;
4 (C) One (1) member selected by the two (2) members above.
5 The panel shall convene within thirty (30) days of the selection of the
6 third arbitrator, and render its decision within fourteen (14) days after
7 the hearing. When convened, the arbitration panel shall have the same
8 authority to make on-site inspections as the department. The owner or les-
9 see shall be responsible for payment of the expenses of his appointee; the
10 director shall pay the expenses of his appointee from the expendable big
11 game primary depredation account fund; and the expenses of the third mem-
12 ber shall be a joint responsibility of the owner or lessee, and the
13 department. Provided however, the panel is authorized to review the costs
14 associated with retaining the independent insurance adjuster and to deter-
15 mine whether those costs should instead be borne solely by the owner or
16 lessee, solely by the department, or be apportioned between the owner or
17 lessee and the department. In cases where an independent insurance
18 adjuster was used, the party electing to use the adjuster shall assume
19 the insurance adjuster's determination of damage as their estimate of dam-
20 age. The panel shall consider the claim submitted by the owner or lessee,
21 and the estimate of damages submitted by the department, and shall select
22 one (1) amount or the other as being the closest to the actual damages
23 sustained by the claimant. The arbitration panel shall report its decision
24 in writing to both the owner or lessee and to the department within ten
25 (10) days of the decision, and the decision of the panel shall be binding
26 on the owner or lessee and the department. The fish and game advisory com-
27 mittee shall develop guidelines to govern arbitration procedures in accor-
28 dance with chapter 52, title 67, Idaho Code.
29 (c) Any claim received by the department under the provisions of subsec-
30 tion (b) of this section must be processed by the department within sixty (60)
31 calendar days of receipt. If the claim is approved for payment, payment must
32 be made within forty-five (45) calendar days of such approval. Any damage
33 claim determination by an independent insurance adjuster pursuant to subsec-
34 tion (b)3. of this section, accepted by the parties, must be paid by the
35 department within forty-five (45) calendar days of the determination. If the
36 claim is arbitrated, the arbitration must be completed within one hundred
37 eighty (180) calendar days of filing the claim for such damages.
38 SECTION 5. All remaining moneys which have been appropriated to and been
39 encumbered in relation to the Big Game Primary Depredation Account, created
40 pursuant to Section 2, Chapter 370, Laws of 1990, as of July 1, 2005, shall be
41 transferred to the Expendable Big Game Depredation Fund as set forth pursuant
42 to the provisions of Section 36-115, Idaho Code. Any outstanding claims
43 against the Big Game Primary Depredation Account as of July 1, 2005, shall be
44 processed pursuant to the provisions of Section 36-115, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Cameron
Seconded by Little
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1171
1 AMENDMENTS TO SECTION 2
2 On page 2 of the printed bill, in line 34, delete "seventy-five" and
3 insert: "one hundred"; and in line 35, delete "($75,000)" and insert:
4 "($100,000)".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1171, As Amended
BY FINANCE COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; REPEALING SECTION 36-114, IDAHO CODE; AMENDING SEC-
3 TION 36-115, IDAHO CODE, TO PROVIDE FOR THE NONEXPENDABLE BIG GAME DEPRE-
4 DATION FUND, TO PROVIDE FOR THE TRANSFER OF A SPECIFIED AMOUNT FROM THE
5 BIG GAME SECONDARY DEPREDATION ACCOUNT TO THE NONEXPENDABLE BIG GAME DEP-
6 REDATION FUND, TO PROVIDE FOR THE DEPOSIT AND DISTRIBUTION OF MONEYS FROM
7 THE NONEXPENDABLE BIG GAME DEPREDATION FUND, TO PROVIDE THAT THE BIG GAME
8 SECONDARY DEPREDATION ACCOUNT SHALL BE KNOWN AND REFERRED TO AS THE
9 EXPENDABLE BIG GAME DEPREDATION FUND, TO PROVIDE FOR THE DEPOSIT AND DIS-
10 TRIBUTION OF MONEYS FROM THE EXPENDABLE BIG GAME DEPREDATION FUND, TO
11 REVISE TERMINOLOGY, TO REQUIRE THE STATE CONTROLLER TO MAKE SPECIFIED
12 ANNUAL REPORTS RELATING TO THE INTEREST EARNINGS AND THE AVAILABILITY OF
13 MONEYS IN THE EXPENDABLE BIG GAME DEPREDATION FUND, TO PROVIDE THAT FUNDS
14 TRANSFERRED FROM THE EXPENDABLE BIG GAME DEPREDATION FUND TO THE FISH AND
15 GAME SET-ASIDE ACCOUNT AND THE ANIMAL DAMAGE CONTROL ACCOUNT SHALL BE
16 SPENT PURSUANT TO RESPECTIVE APPROPRIATIONS FOR THOSE ACCOUNTS AND TO PRO-
17 VIDE CONDITIONS AND REQUIREMENTS RELATING TO PAYMENTS FOR DAMAGES FROM THE
18 EXPENDABLE BIG GAME DEPREDATION FUND; AMENDING SECTION 36-122, IDAHO CODE,
19 TO PROVIDE FOR PAYMENT OF CERTAIN EXPENSES FROM THE EXPENDABLE BIG GAME
20 DEPREDATION FUND; AMENDING SECTION 36-1108, IDAHO CODE, TO REVISE CODE
21 REFERENCES, TO PROVIDE THAT OWNERS OR LESSEES MUST ALLOW HUNTERS CERTAIN
22 ACCESS TO THEIR PROPERTY OR THROUGH THEIR PROPERTY TO PUBLIC LANDS PRO-
23 VIDED IT DOES NOT IMPACT ON THEIR OPERATIONS, TO REVISE TERMINOLOGY AND TO
24 MAKE A TECHNICAL CORRECTION; AND TO PROVIDE FOR THE TRANSFER OF APPROPRI-
25 ATED AND ENCUMBERED MONEYS AND OUTSTANDING CLAIMS FROM THE BIG GAME PRI-
26 MARY DEPREDATION ACCOUNT TO THE EXPENDABLE BIG GAME DEPREDATION FUND.
27 Be It Enacted by the Legislature of the State of Idaho:
28 SECTION 1. That Section 36-114, Idaho Code, be, and the same is hereby
29 repealed.
30 SECTION 2. That Section 36-115, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 36-115. NONEXPENDABLE BIG GAME SECONDARY DEPREDATION ACCOUNT FUND --
33 EXPENDABLE BIG GAME DEPREDATION FUND. (a) The nonexpendable big game depreda-
34 tion fund is hereby established in the state treasury. On July 1, 2005, the
35 state controller shall transfer two million two hundred fifty thousand dollars
36 ($2,250,000) from the big game secondary depredation account, created pursuant
37 to section 3, chapter 370, laws of 1990, to the nonexpendable big game depre-
38 dation fund. Moneys in the fund shall be invested as provided in section
39 67-1210, Idaho Code, and interest earned on investment of idle moneys in the
40 fund shall be paid to the expendable big game depredation fund. The principal
41 amount in the fund shall not be appropriated, but only the interest earned on
42 investment of the moneys in the fund shall be available for appropriation to
2
1 the expendable big game depredation fund.
2 (b) The big game secondary depredation account is hereby was created in
3 the state treasury pursuant to section 3, chapter 370, laws of 1990, and
4 shall, from the date of enactment of this act, be known and referred to as the
5 expendable big game depredation fund. In addition to payments to the fund from
6 the nonexpendable big game depredation fund as provided for in subsection (a)
7 of this section, the state controller shall annually, as soon after July 1 of
8 each year as practical, transfer into the fund two hundred thousand dollars
9 ($200,000) from the fish and game account. Moneys in the account fund are sub-
10 ject to appropriation for the purposes recited in section 36-122, Idaho Code,
11 section 36-1108(a)3., Idaho Code, section 36-1108(b), Idaho Code, section
12 36-114(d), Idaho Code, section 36-1109 and section 36-1110, Idaho Code. Moneys
13 in the account fund shall be invested as provided in section 67-1210, Idaho
14 Code, and interest earned on investment of idle moneys in the account fund
15 shall be paid to the account fund. The expendable big game secondary depreda-
16 tion account fund shall be under the administrative direction of the state
17 controller.
18 (b) In addition to any moneys appropriated to the account from other
19 sources, the state controller shall transfer the earned interest not to exceed
20 two hundred fifty thousand dollars ($250,000) from the fish and game account
21 to the big game secondary depredation account each fiscal year until a total
22 of one million two hundred fifty thousand dollars ($1,250,000) has been trans-
23 ferred to the account.
24 (c) The principal amount in the account shall not be appropriated, but
25 only the interest earned on investment of the moneys in the account shall be
26 available for appropriation. The state controller shall annually report to the
27 legislature, the division of financial management, the director of the depart-
28 ment of agriculture and the director of the department of fish and game the
29 amount of interest earnings and the availability of such earnings moneys in
30 the expendable big game depredation fund for appropriation. However, should
31 the balance in the account ever At the close of each fiscal year, any unex-
32 pended and unencumbered balance that exceeds three million seven hundred fifty
33 thousand dollars ($3,00750,000), interest earnings that exceed the amount
34 appropriated for any fiscal year shall be transferred as follows: one hundred
35 thousand dollars ($100,000) to the fish and game set-aside account to be ear-
36 marked for sportsmen access programs with the remaining amount transferred to
37 the fish and game set-aside animal damage control account for habitat rehabil-
38 itation established pursuant to section 36-112, Idaho Code. Transferred funds
39 shall be spent pursuant to an the respective appropriations for the set-aside
40 account and the animal damage control account.
41 (d) Any payment for damages pursuant to sections 36-1108(b), and
42 36-114(d), Idaho Code, is limited by the following conditions and require-
43 ments:
44 1. The full amount of any approved claim will not be paid at the time of
45 approval, but shall be subject to the following conditions and require-
46 ments:
47 (A) The director of the department of fish and game may order not
48 more than one-half (1/2) of the amount of the approved claim that is
49 to be paid from the expendable big game secondary depredation account
50 fund to be paid immediately, if, in the judgment of the director,
51 such payment is within the estimated total claims liability for that
52 fiscal year from the expendable big game secondary depredation
53 account fund.
3
1 (B) The balance of all unpaid approved claim amounts, including
2 claims submitted under the provisions of sections 36-1109 and
3 36-1110, Idaho Code, shall be accumulated to a total as of June 30.
4 If the balance in the expendable big game secondary depredation
5 account fund appropriation is sufficient to pay the balance of all
6 approved claims, the director shall pay them. If the balance is not
7 sufficient to pay all approved claims, the director shall authorize a
8 proportionate amount to be paid to each claimant. However, claims
9 filed under section 36-1108, Idaho Code, shall have priority and will
10 be paid prior to claims filed under sections 36-1109 and 36-1110,
11 Idaho Code.
12 (C) The director shall encumber the balance of moneys appropriated
13 from the expendable big game secondary depredation account fund, or
14 moneys sufficient to pay the approved claims, whichever is the
15 lesser.
16 2. Each claimant must submit a statement of total damages sustained per
17 occurrence. For each such statement, the following conditions and require-
18 ments apply:
19 (A) The amount of one thousand dollars ($1,000) must be deducted
20 from each such statement. This deductible is a net loss to the owner
21 or lessee, and will not be compensated for from either the expendable
22 big game primary depredation account or from the big game secondary
23 depredation account fund, but the owner or lessee is required to
24 absorb only a single one thousand dollar ($1,000) deductible per
25 claim, whether the claim is paid solely from the big game primary
26 depredation account or from both depredation accounts.
27 (B) Provided however, that for claims in subsequent and consecutive
28 years for damage to standing or stored crops in the same location as
29 the first occurrence, the one thousand dollar ($1,000) deductible
30 will be waived as provided in section 36-114(d)(2)(F), Idaho Code if
31 the department failed to prevent property loss following the first
32 occurrence.
33 3. Each approved claim must contain a certification by the director of
34 the department of fish and game, or his designee, that:
35 (A) All statutory requirements leading up to approval for payment
36 have been met.
37 (B) The claimant has certified that he will accept the amount
38 approved as payment in full for the claim submitted, subject to the
39 conditions and requirements of this subsection.
40 (e) Any claim for damages pursuant to section 36-1109, Idaho Code, is
41 limited by the following conditions and requirements:
42 1. The full amount of any approved claim will not be paid at the time of
43 approval, but shall be subject to the following conditions and require-
44 ments:
45 (A) The director of the department of fish and game may order that
46 not more than one-half (1/2) of the amount of the approved claim to
47 be paid immediately, if, in the judgment of the director, such pay-
48 ment is within the estimated total claims liability for that fiscal
49 year from the expendable big game secondary depredation account fund.
50 (B) The balance of all unpaid approved claim amounts shall be accu-
51 mulated to a total as of June 30. If the balance in the expendable
52 big game secondary depredation account fund appropriation is suffi-
53 cient to pay all approved claims, the director shall promptly pay
4
1 them. If the balance is not sufficient to pay the balance of all
2 approved claims, the director shall pay a proportionate share to each
3 claimant. However, claims filed under section 36-1108, Idaho Code,
4 shall have priority and will be paid prior to claims filed under sec-
5 tions 36-1109 and 36-1110, Idaho Code.
6 (C) The director shall encumber the balance of the appropriation, or
7 moneys sufficient to pay the approved claims, whichever is the
8 lesser.
9 2. Each claimant must submit a statement of total damages sustained per
10 occurrence. For each such statement, the following condition applies: the
11 amount of one thousand dollars ($1,000) must be deducted from each such
12 statement. Provided however, if an owner or caretaker suffers damage to or
13 destruction of livestock in more than one (1) occurrence during the fiscal
14 year, then only one (1) deductible must be subtracted from the claims and
15 the deductible on subsequent claims will be waived. This deductible is a
16 net loss to the owner or caretaker, and will not be compensated for from
17 the expendable big game secondary depredation account fund.
18 3. Each approved claim must contain a certification by the director of
19 the department of fish and game, or his designee, that:
20 (A) All statutory requirements leading up to approval for payment
21 have been met.
22 (B) The claimant has certified that he will accept the amount
23 approved as payment in full for the claim submitted, subject to the
24 conditions and requirements of this subsection.
25 (f) Any claim for damages to forage pursuant to section 36-1110, Idaho
26 Code, is limited by the following conditions and requirements:
27 1. The full amount of any approved claim will not be paid at the time of
28 approval, but shall be subject to the following conditions and require-
29 ments:
30 (A) The director of the department of fish and game may order not
31 more than one-half (1/2) of the amount of the approved claim to be
32 paid immediately, if, in the judgment of the director, such payment
33 is within the estimated total claims liability for that fiscal year
34 from the expendable big game secondary depredation account fund.
35 (B) The balance of all unpaid approved claim amounts shall be accu-
36 mulated to a total as of June 30. If the balance in the expendable
37 big game secondary depredation account fund appropriation is suffi-
38 cient to pay all approved claims, the director shall pay them. If the
39 balance is not sufficient to pay all approved claims, the director
40 shall authorize a proportionate amount to be paid to each claimant.
41 However, claims filed under section 36-1108, Idaho Code, shall have
42 priority and will be paid prior to claims filed under sections
43 36-1109 and 36-1110, Idaho Code.
44 (C) The director shall encumber the balance of the appropriation, or
45 moneys sufficient to pay the approved claims, whichever is the
46 lesser.
47 2. Each claimant must submit a statement of total damages sustained per
48 occurrence. For each such statement, the following conditions and require-
49 ments apply:
50 (A) The amount of one thousand dollars ($1,000) must be deducted
51 from each such statement. This deductible is a net loss to the owner
52 or lessee, and will not be compensated for from the expendable big
53 game secondary depredation account fund.
5
1 (B) The total amount of all claims for damages to forage that may be
2 paid from the expendable big game secondary depredation account fund
3 shall not exceed twenty-five percent (25%) of the amount of interest
4 earned from investments of moneys in that account fund in any one (1)
5 fiscal year.
6 3. Each approved claim must contain a certification by the director of
7 the department of fish and game, or his designee, that:
8 (A) All statutory requirements leading up to approval for payment
9 have been met.
10 (B) The claimant has certified that he will accept the amount
11 approved as payment in full for the claim submitted, subject to the
12 conditions and requirements of this subsection.
13 SECTION 3. That Section 36-122, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 36-122. ADVISORY COMMITTEE. (a) There is hereby created the fish and game
16 advisory committee. The committee shall consist of twelve (12) members. Six
17 (6) members of the committee shall be appointed by the director of the depart-
18 ment of fish and game to generally represent wildlife interests. Six (6) mem-
19 bers of the committee shall be appointed by the director of the department of
20 agriculture to generally represent agricultural interests. At the beginning of
21 each odd-numbered year, the director of the department of agriculture shall
22 appoint a chairman from among his appointees, and the director of the depart-
23 ment of fish and game shall appoint a vice-chairman from among his appointees.
24 At the beginning of each even-numbered year, the director of the department of
25 fish and game shall appoint a chairman from among his appointees, and the
26 director of the department of agriculture shall appoint a vice-chairman from
27 among his appointees. The committee shall meet at such times as appropriate,
28 but not less frequently than annually.
29 (b) All members shall be appointed to serve three (3) year terms.
30 Appointments to fill vacancies shall be for the balance of the unexpired
31 term. All members shall be appointed by and serve at the pleasure of the
32 respective directors of the department of agriculture or the department of
33 fish and game. Members shall be compensated as provided in section 59-509(b),
34 Idaho Code, and such expenses shall be paid from the expendable big game pri-
35 mary depredation account fund.
36 (c) The department of fish and game shall provide staff assistance and
37 support for the committee.
38 (d) The committee shall have the authority to:
39 1. Act as a liaison between the commission, landowners, the department of
40 agriculture, the department of fish and game, and wildlife, outdoor recre-
41 ation and sportsmen's organizations;
42 2. Act as an independent resource to give advice and recommendations on
43 administration of the programs authorized in sections 36-1108 and 36-1109,
44 Idaho Code.
45 SECTION 4. That Section 36-1108, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 36-1108. CONTROL OF DAMAGE BY ANTELOPE, ELK, DEER OR MOOSE -- COMPENSA-
48 TION FOR DAMAGES. (a) Prevention of depredation shall be a priority management
49 objective of the department, and it is the obligation of landowners to take
6
1 all reasonable steps to prevent property loss from wildlife or to mitigate
2 damages by wildlife. When any antelope, elk, deer or moose is doing damage to
3 or is destroying any property or is about to do so, the owner or lessee
4 thereof may make complaint and report the facts to the director or his desig-
5 nee who shall, within seventy-two (72) hours, investigate the conditions com-
6 plained of. If it appears that the complaint is well founded and the property
7 of the complainant is being or is likely to be damaged or destroyed by such
8 antelope, elk, deer or moose, the director may:
9 1. Send a representative onto the premises to control, trap, and/or
10 remove such animals as will stop the damage to said property. Any animals
11 so taken shall remain the property of the state and shall be turned over
12 to the director.
13 2. Grant properly safeguarded permission to the complainant to control,
14 trap and/or remove such animals. Any animals so taken shall remain the
15 property of the state and shall be turned over to the director.
16 3. Make an agreement with the owner or lessee to allow continued use of
17 lands by the animals where damage by them has occurred to stored, growing
18 or matured crops on private property whether owned or leased. This agree-
19 ment may be transacted only after department attempts to resolve the prob-
20 lem by other means have proven unsuccessful. The agreement made under the
21 provisions of this subsection may provide for financial compensation to
22 the owner or lessee. If made, financial compensation under the provisions
23 of this subsection shall be governed by the provisions of section 36-1145,
24 Idaho Code, and shall not be in addition to any payments for the same crop
25 losses from any other source. Compensation for damages under the provi-
26 sions of this subsection shall be available for damages done to private
27 lands, whether owned or leased, if the owner or lessee allowed hunters
28 reasonable access to the property or through the property to public lands
29 for hunting purposes during the preceding hunting season. This provision
30 shall not negate the provisions of section 36-1602, Idaho Code, relating
31 to the necessity of obtaining permission to enter private land. If neces-
32 sary, the arbitration panel provided for in subsection (b) of this section
33 shall determine the reasonableness of access allowed.
34 (b) 1. In order to establish eligibility for submission of claims for
35 damages, persons suffering crop damages on privately owned or leased land
36 caused by antelope, elk, deer or moose must:
37 (A) Notify the department within seventy-two (72) hours of discovery
38 of damage.
39 (B) Follow up verbal notification with a written notice within ten
40 (10) days of the discovery of damages.
41 (C) The department shall not be held liable or accountable for any
42 damages occurring more than ten (10) days prior to the initial noti-
43 fication of damage. However, the department may extend the period up
44 to thirty (30) days under exceptional circumstances.
45 The owner or lessee must have allowed hunters reasonable access to the
46 property or through the property to public lands for hunting purposes dur-
47 ing the preceding hunting season, provided such access does not impact on
48 their operations, or the claim for damages shall be disallowed. Compensa-
49 tion for crop damages' claims shall not be in addition to any payments for
50 the same crop losses from any other source and shall not include fence or
51 other types of property damage. While fences and irrigation equipment are
52 not subject to claim for payment, the department is allowed to provide
53 support and assistance, including provision of materials to design, con-
7
1 struct, and maintain fences for control of depredation. The notice of dam-
2 ages caused must be in written form, shall be in the form of a claim for
3 damages substantially the same as required by section 6-907, Idaho Code,
4 shall be attested to by the claimant under oath, and the claim shall be at
5 least one thousand dollars ($1,000). The claim shall not be amended after
6 it is filed, provided however, that a claimant may file an additional
7 claim in the event additional damage occurs subsequent to filing the ini-
8 tial claim. The department shall prepare and make available suitable forms
9 for notice and claim for damages. Claims may be submitted only for the
10 fiscal year (July 1 through June 30) in which they occurred. Any person
11 submitting a fraudulent claim shall be prosecuted for a felony as provided
12 in section 18-2706, Idaho Code. For purposes of this subsection, crop dam-
13 ages shall mean damage to plants grown or stored for profit and exclude
14 ornamental plants.
15 2. Upon receipt by the department, the department shall review the claim,
16 and if approved, pay it as provided in section 36-1145, Idaho Code, or
17 order it paid as provided in section 36-115, Idaho Code. Failure on the
18 part of the owner or lessee to allow on-site access for inspection and
19 investigation of alleged losses shall void the claim for damages.
20 3. In the event the owner or lessee and the department fail to agree on
21 the amount of damages within fifteen (15) business days of the written
22 claim, either party may elect to retain the services of an independent
23 certified insurance adjuster licensed in the state of Idaho to view the
24 affected property and determine the amount of damages. In the event the
25 owner or lessee and the department fail to agree on the amount of damages
26 and neither party elects to retain the services of an independent certi-
27 fied insurance adjuster, provisions of subsection (b)4. of this section
28 shall apply. The independent certified adjuster shall complete his review
29 and determination within twenty (20) days from the date he is retained,
30 and will report his determination in writing by certified mail to the
31 department and to the owner or lessee. Neither the owner or lessee, nor
32 the department, shall disturb the affected property prior to review and
33 determination by the independent insurance adjuster. Costs associated with
34 the services of the independent insurance adjuster shall be divided
35 equally between the owner or lessee and the department, subject to reap-
36 portionment of the costs by an arbitration panel pursuant to the provi-
37 sions of subsection (b)4. of this section. If the department, or the owner
38 or lessee rejects the determination of the adjuster, they shall notify the
39 other party in writing of the rejection within five (5) business days of
40 receipt of the adjuster's determination. In the event that either party
41 rejects the adjuster's determination, the provisions of subsection (b)4.
42 of this section shall apply.
43 4. Within five (5) business days of a rejection of an adjuster's determi-
44 nation of damages or failure of the owner or lessee and the department to
45 agree on damages when a certified insurance adjuster is not used, the
46 director must convene an arbitration panel. To convene an arbitration
47 panel, the director must, within five (5) business days, appoint the
48 department's representative and notify the landholder of the appointment.
49 The landholder(s) shall, within the next five (5) business days following
50 such notice from the department, appoint his representative and notify the
51 department of the appointment. Within the next five (5) business days, the
52 department representative and the landholder must mutually appoint the
53 third arbitrator. The arbitration panel shall consist of three (3) mem-
8
1 bers, as follows:
2 (A) The director of the department of fish and game or his designee;
3 (B) The owner or his designee, or the lessee or his designee;
4 (C) One (1) member selected by the two (2) members above.
5 The panel shall convene within thirty (30) days of the selection of the
6 third arbitrator, and render its decision within fourteen (14) days after
7 the hearing. When convened, the arbitration panel shall have the same
8 authority to make on-site inspections as the department. The owner or les-
9 see shall be responsible for payment of the expenses of his appointee; the
10 director shall pay the expenses of his appointee from the expendable big
11 game primary depredation account fund; and the expenses of the third mem-
12 ber shall be a joint responsibility of the owner or lessee, and the
13 department. Provided however, the panel is authorized to review the costs
14 associated with retaining the independent insurance adjuster and to deter-
15 mine whether those costs should instead be borne solely by the owner or
16 lessee, solely by the department, or be apportioned between the owner or
17 lessee and the department. In cases where an independent insurance
18 adjuster was used, the party electing to use the adjuster shall assume
19 the insurance adjuster's determination of damage as their estimate of dam-
20 age. The panel shall consider the claim submitted by the owner or lessee,
21 and the estimate of damages submitted by the department, and shall select
22 one (1) amount or the other as being the closest to the actual damages
23 sustained by the claimant. The arbitration panel shall report its decision
24 in writing to both the owner or lessee and to the department within ten
25 (10) days of the decision, and the decision of the panel shall be binding
26 on the owner or lessee and the department. The fish and game advisory com-
27 mittee shall develop guidelines to govern arbitration procedures in accor-
28 dance with chapter 52, title 67, Idaho Code.
29 (c) Any claim received by the department under the provisions of subsec-
30 tion (b) of this section must be processed by the department within sixty (60)
31 calendar days of receipt. If the claim is approved for payment, payment must
32 be made within forty-five (45) calendar days of such approval. Any damage
33 claim determination by an independent insurance adjuster pursuant to subsec-
34 tion (b)3. of this section, accepted by the parties, must be paid by the
35 department within forty-five (45) calendar days of the determination. If the
36 claim is arbitrated, the arbitration must be completed within one hundred
37 eighty (180) calendar days of filing the claim for such damages.
38 SECTION 5. All remaining moneys which have been appropriated to and been
39 encumbered in relation to the Big Game Primary Depredation Account, created
40 pursuant to Section 2, Chapter 370, Laws of 1990, as of July 1, 2005, shall be
41 transferred to the Expendable Big Game Depredation Fund as set forth pursuant
42 to the provisions of Section 36-115, Idaho Code. Any outstanding claims
43 against the Big Game Primary Depredation Account as of July 1, 2005, shall be
44 processed pursuant to the provisions of Section 36-115, Idaho Code.
STATEMENT OF PURPOSE
RS 14973
The legislation combines the big game primary and big game
secondary depredation accounts and creates the non-expendable
big game depredation fund to generate revenues and an expendable
fund from which depredation payments are made. Furthermore, the
bill directs unexpended and unencumbered revenue from the
expendable account to sportsmen access programs in the Fish and
Game set aside account and the animal damage control account.
FISCAL IMPACT
There is no fiscal impact.
Contact
Name: Senator Dean Cameron
Phone: 334-4735
Name: Rep. Mike Moyle
332-1000
Name: Nathan Helm
Sportsmen for Fish and Wildlife
899-3122 S 1171