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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
651
BY
RESOURCES
AND
CONSERVATION
COMMITTEE
AN
ACT
1
RELATING
TO
THE
BIG
GAME
DEPREDATION
FUND;
AMENDING
SECTION
36
-
115,
IDAHO
2
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
BIG
GAME
DEPREDATION
FUND
AND
3
PAYMENT
OF
CLAIMS;
AND
DECLARING
AN
EMERGENCY.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
36
-
115,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
36
-
115.
NONEXPENDABLE
BIG
GAME
DEPREDATION
FUND
-
-
EXPENDABLE
BIG
8
GAME
DEPREDATION
FUND.
(a)
The
nonexpendable
big
game
depredation
fund
9
is
hereby
established
in
the
state
treasury.
On
July
1,
2005,
the
state
10
controller
shall
transfer
two
million
two
hundred
fifty
thousand
dollars
1
1
($2,250,000)
from
the
big
game
secondary
depredation
account,
created
pur
-
12
suant
to
section
3,
chapter
370,
laws
of
1990,
to
the
nonexpendable
big
game
13
depredation
fund.
Moneys
in
the
fund
shall
be
invested
as
provided
in
sec
-
14
tion
67
-
1210,
Idaho
Code,
and
interest
earned
on
investment
of
idle
moneys
15
in
the
fund
shall
be
paid
to
the
expendable
big
game
depredation
fund.
The
16
principal
amount
in
the
fund
shall
not
be
appropriated,
but
only
the
interest
17
earned
on
investment
of
the
moneys
in
the
fund
shall
be
available
for
appro
-
18
priation
to
the
expendable
big
game
depredation
fund.
19
(b)
The
big
game
secondary
depredation
account
was
created
in
the
state
20
treasury
pursuant
to
section
3,
chapter
370,
laws
of
1990,
and
shall,
from
21
the
date
of
enactment
of
this
act,
be
known
and
referred
to
as
the
expendable
22
big
game
depredation
fund.
In
addition
to
payments
to
the
fund
from
the
23
nonexpendable
big
game
depredation
fund
as
provided
for
in
subsection
(a)
24
of
this
section
and
from
the
set
-
aside
account
as
provided
for
in
section
25
36
-
111(f),
Idaho
Code,
the
state
controller
shall
annually,
as
soon
after
26
July
1
of
each
year
as
practical,
transfer
into
the
fund
two
hundred
thousand
27
dollars
($200,000)
from
the
fish
and
game
account.
Moneys
in
the
fund
are
28
subject
to
appropriation
for
the
purposes
recited
in
section
36
-
122,
Idaho
29
Code,
section
36
-
1108(a)3.,
Idaho
Code,
section
36
-
1108(b),
Idaho
Code,
30
section
36
-
1109
and
section
36
-
1110,
Idaho
Code.
Moneys
in
the
fund
shall
be
31
invested
as
provided
in
section
67
-
1210,
Idaho
Code,
and
interest
earned
on
32
investment
of
idle
moneys
in
the
fund
shall
be
paid
to
the
fund.
The
expend
-
33
able
big
game
depredation
fund
shall
be
under
the
administrative
direction
34
of
the
state
controller.
35
(c)
The
state
controller
shall
annually
report
to
the
legislature,
the
36
division
of
financial
management,
the
director
of
the
department
of
agricul
-
37
ture
and
the
director
of
the
department
of
fish
and
game
the
amount
of
inter
-
38
est
earnings
and
the
availability
of
moneys
in
the
expendable
big
game
depre
-
39
dation
fund
for
appropriation.
At
the
close
of
each
fiscal
year,
any
unex
-
40
pended
and
unencumbered
balance
that
exceeds
two
million
five
hundred
thou
-
41
sand
dollars
($2,500,000),
shall
be
transferred
to
the
fish
and
game
set
-
42
2
aside
account
to
be
earmarked
for
control
of
depredation
of
private
prop
-
1
erty
by
pronghorn
antelope,
elk
and
deer
and
control
of
predators
affect
-
2
ing
pronghorn
antelope,
elk
and
deer
established
pursuant
to
section
36
-
111,
3
Idaho
Code.
Transferred
funds
to
the
set
-
aside
account
shall
be
spent
pur
-
4
suant
to
the
respective
appropriation
for
the
set
-
aside
account.
5
(d)
Any
payment
for
damages
pursuant
to
section
36
-
1108(b),
Idaho
Code,
6
is
limited
by
the
following
conditions
and
requirements:
7
1.
The
full
amount
of
any
approved
claim
will
not
be
paid
at
the
time
of
8
approval,
but
shall
be
subject
to
the
following
conditions
and
require
-
9
ments:
10
(A)
The
director
of
the
department
of
fish
and
game
may
order
not
1
1
more
than
one
-
half
(1/2)
of
the
amount
of
the
approved
claim
that
12
is
to
be
paid
from
the
expendable
big
game
depredation
fund
to
be
13
paid
immediately,
if,
in
the
judgment
of
the
director,
such
pay
-
14
ment
is
within
the
estimated
total
claims
liability
for
that
fis
-
15
cal
year
from
the
expendable
big
game
depredation
fund.
16
(B)
The
total
payment
amount
to
any
person
for
approved
claims
17
in
the
aggregate
in
a
fiscal
year,
including
any
payment
to
any
18
pass
-
through
entity
as
defined
in
chapter
30,
title
63,
Idaho
19
Code,
from
which
the
person
receives
income,
and
to
any
household
20
member,
shall
not
exceed
one
hundred
twenty
-
five
thousand
dollars
21
($125,000).
22
(C)
The
balance
of
all
unpaid
approved
claim
amounts,
including
23
claims
submitted
under
the
provisions
of
sections
36
-
1109
and
24
36
-
1110,
Idaho
Code
adjusted
to
account
for
the
one
hundred
25
twenty
-
five
thousand
dollar
($125,000)
limitation
,
shall
be
accu
-
26
mulated
to
a
total
as
of
June
30.
If
the
balance
in
the
expendable
27
big
game
depredation
fund
appropriation
is
sufficient
to
pay
28
the
balance
of
all
such
approved
and
adjusted
claims,
the
direc
-
29
tor
shall
pay
them.
If
the
balance
is
not
sufficient
to
pay
all
30
approved
such
claims,
the
director
shall
authorize
a
proportion
-
31
ate
amount
to
be
paid
to
each
claimant.
32
(D)
Moneys
remaining
in
the
fund
after
payment
is
made
to
approved
33
and
adjusted
claims
shall
be
used
by
the
director
to
pay
the
re
-
34
mainder
of
the
approved
claims
that
remains
unpaid
because
of
the
35
limitation
required
by
this
subsection.
Such
unpaid,
approved
36
claim
amounts
shall
be
totaled
with
the
unpaid
claim
amounts
from
37
subsection
(e)
of
this
section.
If
moneys
remaining
in
the
fund
38
are
sufficient
to
pay
the
remainder
of
all
such
unpaid,
approved
39
claims,
the
director
shall
pay
them.
If
the
moneys
are
not
suf
-
40
ficient
to
pay
the
remainder
of
such
claims,
the
director
shall
41
authorize
a
proportionate
amount
to
be
paid
to
each
claimant.
42
(D)
(E)
The
director
shall
encumber
the
balance
of
moneys
appro
-
43
priated
from
the
expendable
big
game
depredation
fund,
or
moneys
44
sufficient
to
pay
the
approved
claims,
whichever
is
the
lesser.
45
2.
Each
claimant
must
submit
a
statement
of
total
damages
sustained
per
46
occurrence.
For
each
such
statement,
the
following
conditions
and
re
-
47
quirements
apply:
48
(A)
The
amount
of
seven
hundred
fifty
dollars
($750)
must
be
de
-
49
ducted
from
each
such
statement.
This
deductible
is
a
net
loss
to
50
3
the
owner
or
lessee,
and
will
not
be
compensated
for
from
the
ex
-
1
pendable
big
game
depredation
fund,
but
the
owner
or
lessee
is
re
-
2
quired
to
absorb
only
a
single
seven
hundred
fifty
dollar
($750)
3
deductible
per
claim.
4
(B)
Provided
however,
that
for
claims
in
subsequent
years
for
dam
-
5
age
to
standing
or
stored
crops
in
the
same
location
as
the
first
6
occurrence,
the
seven
hundred
fifty
dollar
($750)
deductible
will
7
be
waived
if
the
department
failed
to
prevent
property
loss
fol
-
8
lowing
the
first
occurrence.
9
3.
Each
approved
claim
must
contain
a
certification
by
the
director
of
10
the
department
of
fish
and
game,
or
his
designee,
that:
1
1
(A)
All
statutory
requirements
leading
up
to
approval
for
payment
12
have
been
met.
13
(B)
The
claimant
has
certified
that
he
will
accept
the
amount
ap
-
14
proved
as
payment
in
full
for
the
claim
submitted,
subject
to
the
15
conditions
and
requirements
of
this
subsection.
16
(e)
Any
claim
for
damages
pursuant
to
section
36
-
1109,
Idaho
Code,
is
17
limited
by
the
following
conditions
and
requirements:
18
1.
The
full
amount
of
any
approved
claim
will
not
be
paid
at
the
time
of
19
approval,
but
shall
be
subject
to
the
following
conditions
and
require
-
20
ments:
21
(A)
The
director
of
the
department
of
fish
and
game
may
order
that
22
not
more
than
one
-
half
(1/2)
of
the
amount
of
the
approved
claim
to
23
be
paid
immediately,
if,
in
the
judgment
of
the
director,
such
pay
-
24
ment
is
within
the
estimated
total
claims
liability
for
that
fis
-
25
cal
year
from
the
expendable
big
game
depredation
fund.
26
(B)
The
total
payment
amount
to
any
person
for
approved
claims
27
in
the
aggregate
in
a
fiscal
year,
including
any
payment
to
any
28
pass
-
through
entity
as
defined
in
chapter
30,
title
63,
Idaho
29
Code,
from
which
the
person
receives
income,
and
to
any
household
30
member,
shall
not
exceed
ten
percent
(10%)
of
the
original
expend
-
31
able
big
game
depredation
fund
appropriation
for
the
fiscal
year.
32
(C)
The
balance
of
all
unpaid
approved
claim
amounts
,
adjusted
to
33
account
for
the
ten
percent
(10%)
limitation,
shall
be
accumulated
34
to
a
total
as
of
June
30.
If
the
balance
in
the
expendable
big
game
35
depredation
fund
appropriation
is
sufficient
to
pay
all
such
ap
-
36
proved
and
adjusted
claims,
the
director
shall
promptly
pay
them.
37
If
the
balance
is
not
sufficient
to
pay
the
balance
of
all
approved
38
such
claims,
the
director
shall
pay
a
proportionate
share
to
each
39
claimant.
40
(D)
Moneys
remaining
in
the
fund
after
payment
is
made
to
approved
41
and
adjusted
claims
shall
be
used
by
the
director
to
pay
the
re
-
42
mainder
of
the
approved
claims
that
remains
unpaid
because
of
the
43
limitation
required
by
this
subsection.
Such
unpaid,
approved
44
claim
amounts
shall
be
totaled
with
the
unpaid
claim
amounts
from
45
subsection
(d)
of
this
section.
If
moneys
remaining
in
the
fund
46
are
sufficient
to
pay
the
remainder
of
all
such
unpaid,
approved
47
claims,
the
director
shall
pay
them.
If
the
moneys
are
not
suf
-
48
ficient
to
pay
the
remainder
of
such
claims,
the
director
shall
49
authorize
a
proportionate
amount
to
be
paid
to
each
claimant.
50
4
(D)
(E)
The
director
shall
encumber
the
balance
of
the
appropri
-
1
ation,
or
moneys
sufficient
to
pay
the
approved
claims,
whichever
2
is
the
lesser.
3
2.
Each
claimant
must
submit
a
statement
of
total
damages
sustained
per
4
occurrence.
For
each
such
statement,
the
following
condition
applies:
5
the
amount
of
seven
hundred
fifty
dollars
($750)
must
be
deducted
from
6
each
such
statement.
Provided
however,
if
an
owner
or
caretaker
suffers
7
damage
to
or
destruction
of
livestock
in
more
than
one
(1)
occurrence
8
during
the
fiscal
year,
then
only
one
(1)
deductible
must
be
subtracted
9
from
the
claims
and
the
deductible
on
subsequent
claims
will
be
waived.
10
This
deductible
is
a
net
loss
to
the
owner
or
caretaker,
and
will
not
be
1
1
compensated
for
from
the
expendable
big
game
depredation
fund.
12
3.
Each
approved
claim
must
contain
a
certification
by
the
director
of
13
the
department
of
fish
and
game,
or
his
designee,
that:
14
(A)
All
statutory
requirements
leading
up
to
approval
for
payment
15
have
been
met.
16
(B)
The
claimant
has
certified
that
he
will
accept
the
amount
ap
-
17
proved
as
payment
in
full
for
the
claim
submitted,
subject
to
the
18
conditions
and
requirements
of
this
subsection.
19
(f)
Any
claim
for
damages
to
forage
pursuant
to
section
36
-
1110,
Idaho
20
Code,
is
limited
by
the
following
conditions
and
requirements:
21
1.
The
full
amount
of
any
approved
claim
will
not
be
paid
at
the
time
of
22
approval,
but
shall
be
subject
to
the
following
conditions
and
require
-
23
ments:
24
(A)
The
director
of
the
department
of
fish
and
game
may
order
not
25
more
than
one
-
half
(1/2)
of
the
amount
of
the
approved
claim
to
be
26
paid
immediately,
if,
in
the
judgment
of
the
director,
such
pay
-
27
ment
is
within
the
estimated
total
claims
liability
for
that
fis
-
28
cal
year
from
the
expendable
big
game
depredation
fund.
29
(B)
The
balance
of
all
unpaid
approved
claim
amounts
shall
be
ac
-
30
cumulated
to
a
total
as
of
June
30.
If
the
balance
in
the
expend
-
31
able
big
game
depredation
fund
appropriation
is
sufficient
to
pay
32
all
approved
claims,
the
director
shall
pay
them.
If
the
balance
33
is
not
sufficient
to
pay
all
approved
claims,
the
director
shall
34
authorize
a
proportionate
amount
to
be
paid
to
each
claimant.
35
(C)
The
director
shall
encumber
the
balance
of
the
appropriation,
36
or
moneys
sufficient
to
pay
the
approved
claims,
whichever
is
the
37
lesser.
38
2.
Each
claimant
must
submit
a
statement
of
total
damages
sustained
per
39
occurrence.
For
each
such
statement,
the
following
conditions
and
re
-
40
quirements
apply:
41
(A)
The
amount
of
seven
hundred
fifty
dollars
($750)
must
be
de
-
42
ducted
from
each
such
statement.
This
deductible
is
a
net
loss
to
43
the
owner
or
lessee,
and
will
not
be
compensated
for
from
the
ex
-
44
pendable
big
game
depredation
fund.
45
(B)
The
total
amount
of
all
claims
for
damages
to
forage
that
may
46
be
paid
from
the
expendable
big
game
depredation
fund
shall
not
ex
-
47
ceed
fifty
percent
(50%)
of
the
amount
of
interest
earned
from
in
-
48
vestments
of
moneys
in
that
fund
in
any
one
(1)
fiscal
year.
49
5
3.
Each
approved
claim
must
contain
a
certification
by
the
director
of
1
the
department
of
fish
and
game,
or
his
designee,
that:
2
(A)
All
statutory
requirements
leading
up
to
approval
for
payment
3
have
been
met.
4
(B)
The
claimant
has
certified
that
he
will
accept
the
amount
ap
-
5
proved
as
payment
in
full
for
the
claim
submitted,
subject
to
the
6
conditions
and
requirements
of
this
subsection.
7
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
8
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
9
passage
and
approval.
10