2005 Legislation
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SENATE BILL NO. 1171 – Big Game Depredation Fund

SENATE BILL NO. 1171

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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)".

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


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                   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