TITLE 36

FISH AND GAME

CHAPTER 1

FISH AND GAME COMMISSION

36-115.  Nonexpendable big game depredation fund — Expendable big game depredation fund. (a) The nonexpendable big game depredation fund is hereby established in the state treasury. On July 1, 2005, the state controller shall transfer two million two hundred fifty thousand dollars ($2,250,000) from the big game secondary depredation account, created pursuant to section 3, chapter 370, laws of 1990, to the nonexpendable big game depredation fund. Moneys in the fund shall be invested as provided in section 67-1210, Idaho Code, and interest earned on investment of idle moneys in the fund shall be paid to the expendable big game depredation fund. The principal amount in the fund shall not be appropriated, but only the interest earned on investment of the moneys in the fund shall be available for appropriation to the expendable big game depredation fund.

(b)  The big game secondary depredation account was created in the state treasury pursuant to section 3, chapter 370, laws of 1990, and shall, from the date of enactment of this act, be known and referred to as the expendable big game depredation fund. In addition to payments to the fund from the nonexpendable big game depredation fund as provided for in subsection (a) of this section and from the set-aside account as provided for in section 36-111(f), Idaho Code, the state controller shall annually, as soon after July 1 of each year as practical, transfer into the fund two hundred thousand dollars ($200,000) from the fish and game account. Moneys in the fund are subject to appropriation for the purposes recited in section 36-122, Idaho Code, section 36-1108(a)3., Idaho Code, section 36-1108(b), Idaho Code, section 36-1109 and section 36-1110, Idaho Code. Moneys in the fund shall be invested as provided in section 67-1210, Idaho Code, and interest earned on investment of idle moneys in the fund shall be paid to the fund. The expendable big game depredation fund shall be under the administrative direction of the state controller.

(c)  The state controller shall annually report to the legislature, the division of financial management, the director of the department of agriculture and the director of the department of fish and game the amount of interest earnings and the availability of moneys in the expendable big game depredation fund for appropriation. At the close of each fiscal year, any unexpended and unencumbered balance that exceeds two million five hundred thousand dollars ($2,500,000), shall be transferred to the fish and game set-aside account to be earmarked for control of depredation of private property by pronghorn antelope, elk and deer and control of predators affecting pronghorn antelope, elk and deer established pursuant to section 36-111, Idaho Code. Transferred funds to the set-aside account shall be spent pursuant to the respective appropriation for the set-aside account.

(d)  Any payment for damages pursuant to section 36-1108(b), Idaho Code, is limited by the following conditions and requirements:

1.  The full amount of any approved claim will not be paid at the time of approval, but shall be subject to the following conditions and requirements:

(A)  The director of the department of fish and game may order not more than one-half (1/2) of the amount of the approved claim that is to be paid from the expendable big game depredation fund to be paid immediately, if, in the judgment of the director, such payment is within the estimated total claims liability for that fiscal year from the expendable big game depredation fund.

(B)  The total payment amount to any person for approved claims in the aggregate in a fiscal year, including any payment to any pass-through entity as defined in chapter 30, title 63, Idaho Code, from which the person receives income, and to any household member, shall not exceed one hundred twenty-five thousand dollars ($125,000).

(C)  The balance of all unpaid approved claim amounts, including claims submitted under the provisions of sections 36-1109 and 36-1110, Idaho Code, shall be accumulated to a total as of June 30. If the balance in the expendable big game depredation fund appropriation is sufficient to pay the balance of all approved claims, the director shall pay them. If the balance is not sufficient to pay all approved claims, the director shall authorize a proportionate amount to be paid to each claimant.

(D)  The director shall encumber the balance of moneys appropriated from the expendable big game depredation fund, or moneys sufficient to pay the approved claims, whichever is the lesser.

2.  Each claimant must submit a statement of total damages sustained per occurrence. For each such statement, the following conditions and requirements apply:

(A)  The amount of seven hundred fifty dollars ($750) must be deducted from each such statement. This deductible is a net loss to the owner or lessee, and will not be compensated for from the expendable big game depredation fund, but the owner or lessee is required to absorb only a single seven hundred fifty dollar ($750) deductible per claim.

(B)  Provided however, that for claims in subsequent years for damage to standing or stored crops in the same location as the first occurrence, the seven hundred fifty dollar ($750) deductible will be waived if the department failed to prevent property loss following the first occurrence.

3.  Each approved claim must contain a certification by the director of the department of fish and game, or his designee, that:

(A)  All statutory requirements leading up to approval for payment have been met.

(B)  The claimant has certified that he will accept the amount approved as payment in full for the claim submitted, subject to the conditions and requirements of this subsection.

(e)  Any claim for damages pursuant to section 36-1109, Idaho Code, is limited by the following conditions and requirements:

1.  The full amount of any approved claim will not be paid at the time of approval, but shall be subject to the following conditions and requirements:

(A)  The director of the department of fish and game may order that not more than one-half (1/2) of the amount of the approved claim to be paid immediately, if, in the judgment of the director, such payment is within the estimated total claims liability for that fiscal year from the expendable big game depredation fund.

(B)  The total payment amount to any person for approved claims in the aggregate in a fiscal year, including any payment to any pass-through entity as defined in chapter 30, title 63, Idaho Code, from which the person receives income, and to any household member, shall not exceed ten percent (10%) of the original expendable big game depredation fund appropriation for the fiscal year.

(C)  The balance of all unpaid approved claim amounts shall be accumulated to a total as of June 30. If the balance in the expendable big game depredation fund appropriation is sufficient to pay all approved claims, the director shall promptly pay them. If the balance is not sufficient to pay the balance of all approved claims, the director shall pay a proportionate share to each claimant.

(D)  The director shall encumber the balance of the appropriation, or moneys sufficient to pay the approved claims, whichever is the lesser.

2.  Each claimant must submit a statement of total damages sustained per occurrence. For each such statement, the following condition applies: the amount of seven hundred fifty dollars ($750) must be deducted from each such statement. Provided however, if an owner or caretaker suffers damage to or destruction of livestock in more than one (1) occurrence during the fiscal year, then only one (1) deductible must be subtracted from the claims and the deductible on subsequent claims will be waived. This deductible is a net loss to the owner or caretaker, and will not be compensated for from the expendable big game depredation fund.

3.  Each approved claim must contain a certification by the director of the department of fish and game, or his designee, that:

(A)  All statutory requirements leading up to approval for payment have been met.

(B)  The claimant has certified that he will accept the amount approved as payment in full for the claim submitted, subject to the conditions and requirements of this subsection.

(f)  Any claim for damages to forage pursuant to section 36-1110, Idaho Code, is limited by the following conditions and requirements:

1.  The full amount of any approved claim will not be paid at the time of approval, but shall be subject to the following conditions and requirements:

(A)  The director of the department of fish and game may order not more than one-half (1/2) of the amount of the approved claim to be paid immediately, if, in the judgment of the director, such payment is within the estimated total claims liability for that fiscal year from the expendable big game depredation fund.

(B)  The balance of all unpaid approved claim amounts shall be accumulated to a total as of June 30. If the balance in the expendable big game depredation fund appropriation is sufficient to pay all approved claims, the director shall pay them. If the balance is not sufficient to pay all approved claims, the director shall authorize a proportionate amount to be paid to each claimant.

(C)  The director shall encumber the balance of the appropriation, or moneys sufficient to pay the approved claims, whichever is the lesser.

2.  Each claimant must submit a statement of total damages sustained per occurrence. For each such statement, the following conditions and requirements apply:

(A)  The amount of seven hundred fifty dollars ($750) must be deducted from each such statement. This deductible is a net loss to the owner or lessee, and will not be compensated for from the expendable big game depredation fund.

(B)  The total amount of all claims for damages to forage that may be paid from the expendable big game depredation fund shall not exceed fifty percent (50%) of the amount of interest earned from investments of moneys in that fund in any one (1) fiscal year.

3.  Each approved claim must contain a certification by the director of the department of fish and game, or his designee, that:

(A)  All statutory requirements leading up to approval for payment have been met.

(B)  The claimant has certified that he will accept the amount approved as payment in full for the claim submitted, subject to the conditions and requirements of this subsection.

History:

[36-115, added 1990, ch. 370, sec. 3, p. 1010; am. 1994, ch. 180, sec. 60, p. 466; am. 1994, ch. 218, sec. 7, p. 692; am. 1996, ch. 369, sec. 1, p. 1241; am. 1997, ch. 231, sec. 1, p. 672; am. 2001, ch. 172, sec. 2, p. 590; am. 2004, ch. 189, sec. 2, p. 590; am. 2005, ch. 403, sec. 2, p. 1369; am. 2009, ch. 217, sec. 1, p. 677; am. 2017, ch. 195, sec. 3, p. 463; am. 2019, ch. 252, sec. 1, p. 757; am. 2022, ch. 269, sec. 2, p. 861.]