Landowner game damage payments.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0057

SENATE FILE
NO.
SF0030

Landowner game damage payments.

Sponsored by:
Senator(s)
Hanes
and Representative(s) Illoway

A BILL

for

AN ACT relating to game damage payments; prohibiting payment for damages by big game animals unless hunting access is allowed free of charge; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 23
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1
‑
901(c) is amended to read:

23
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1
‑
901.

Owner of damaged property to report damage; claims for damages; time for filing; determination; appeal; arbitration.

(c)

The department shall consider the claims based upon a description of the livestock or bees damaged or killed by a trophy game animal, the damaged land, growing cultivated crops, stored crops including honey and hives, seed crops, improvements and extraordinary damage to grass. The commission is authorized to establish by rule, methods, factors and formulas to be used for determining the amount to compensate any landowner, lessee or agent for livestock damaged as a result of, missing as a result of, or killed by trophy game animals. Claims shall be investigated by the department and rejected or allowed within ninety (90) days after submission, and paid in the amount determined to be due. In the event the department fails to act within ninety (90) days, the claim, including interest based on local bank preferred rates, shall be deemed to have been allowed. No award
for damages by big game animals
shall be allowed to any landowner who has not permitted hunting
free of charge
on his property during authorized hunting seasons
and no award for damages by trophy game animals shall be allowed to any landowner who has not permitted hunting on his property during authorized hunting seasons
. Any person failing to comply with any provision of this section is barred from making any claim against the department for damages. Any claimant aggrieved by the decision of the department may appeal to the commission within thirty (30) days after receipt of the decision of the department as provided by rules of practice and procedure promulgated by the commission. The commission shall review the department decision at its next meeting following receipt of notice of request for review. The commission shall review the investigative report of the department, and it may approve, modify or reverse the decision of the department.

Section 2.
This act is effective July 1, 2006.

(END)

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SF0030