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HB0202 • 2020

Wildlife damage claims.

AN ACT relating to game and fish; repealing arbitration provisions and otherwise modifying procedures for resolving big game, trophy game and game bird damage claims; providing for attorneys' fees, costs and interest as specified; and providing for an effective date.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Nicholas
Last action
2020-02-14
Official status
inactive
Effective date
3/1/2020

Plain English Breakdown

The candidate explanation included details that are speculative or not directly supported by the provided official text, such as specific time limits and financial impacts.

Wildlife Damage Claims Act

The bill changes the procedures for resolving wildlife damage claims by removing arbitration and modifying appeal processes.

What This Bill Does

  • Removes the part of the law that lets people ask for arbitration if they disagree with a decision about wildlife damage claims.
  • Changes the way people can appeal decisions about wildlife damage claims, making it easier to go through an administrative hearing process instead.

Who It Names or Affects

  • People who have property damaged by big game animals in Wyoming.
  • The Department of Game and Fish, which handles these claims.

Terms To Know

Arbitration
A way for people to solve disputes by having a neutral person make the final decision instead of going to court.
Administrative Hearing
A formal meeting where an independent officer listens to both sides and makes decisions based on evidence presented, similar to a trial but less formal.

Limits and Unknowns

  • The bill did not pass in the session it was introduced.
  • It is unclear how many people will be affected by these changes since the number of wildlife damage claims varies each year.
  • There are no details on how much money might be saved or spent due to these changes.

Bill History

  1. 2020-02-14 House

    H Did not Consider for Introduction Vote

  2. 2020-02-12 House

    H Received for Introduction

  3. 2020-02-11 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
20LSO-0524
2020
STATE OF WYOMING
20LSO-0524
Introduced
2.0

HOUSE BILL NO. HB0202

Wildlife damage claims.

Sponsored by: Representative(s) Nicholas

A BILL

for

AN ACT relating to game and fish; repealing arbitration provisions and otherwise modifying procedures for resolving big game, trophy game and game bird damage claims; providing for attorneys' fees, costs and interest as specified; and providing for an effective date.

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

Section 1
.

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

23
‑
1
‑
901.

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

(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
calculated from the date the claim was submitted to the department at the rate provided in W.S. 1
‑
16
‑
102
, shall be deemed to have been allowed. No award 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.

(d)

Within
ninety (90)
thirty (30)
days after receiving notice of the decision of the commission, the claimant may
in writing to the department call for arbitration. Within fifteen (15) days after the department receives the call for arbitration, the claimant and the department shall each appoint a disinterested arbitrator who is an elector residing in the county where the damage occurred and notify each other of the appointment. Within
twenty (20) days after their appointment, the two (2) arbitrators shall appoint a third arbitrator possessing the same qualifications. If the third arbitrator is not appointed within the time prescribed, the judge of the district court of the county or the court commissioner in the absence of the judge shall appoint the third arbitrator upon the application of either arbitrator.
appeal the decision to the office of administrative hearings. The appeal shall be conducted as a contested case in accordance with procedures of the Wyoming Administrative Procedure Act under rules of the office of administrative hearings. The hearing shall be held at a location mutually convenient to the claimant and commission, as determined by the hearing officer. The hearing officer has exclusive jurisdiction to make the final administrative determination of the validity and amount of the damage claim. The hearing officer shall render a decision within thirty (30) days after the close of the record. Appeals may be taken from the hearing officer's decision by the claimant or commission to the district court and to the Wyoming supreme court as provided by the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure. If the hearing officer or
court awards an amount for damage claims exceeding the amount of the commission's decision the officer or court:

(i)

May award the claimant attorney fees and litigation costs which the officer or court finds reasonable in relation to the additional damage amount awarded;

(ii)

Shall award the claimant interest on the additional damage amount. Interest shall be calculated from the date of the commission's decision until paid at the rate provided in W.S. 1
‑
16
‑
102;

(iii)

Shall enter an order requiring the commission to pay amounts awarded under this subsection upon final adjudication of the contested case.

Section 2.

W.S. 23
‑
1
‑
901(e) and (f) is repealed.

Section 3
.

This act is effective July 1, 2020
.

(END)

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HB0202