Amends existing law to revise provisions regarding the payment of depredation claims.

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 ACT1 RELATING TO THE BIG GAME DEPREDATION FUND; AMENDING SECTION 36-115, IDAHO2 CODE, TO REVISE PROVISIONS REGARDING THE BIG GAME DEPREDATION FUND AND3 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 hereby6 amended to read as follows:7 36-115. NONEXPENDABLE BIG GAME DEPREDATION FUND -- EXPENDABLE BIG8 GAME DEPREDATION FUND. (a) The nonexpendable big game depredation fund9 is hereby established in the state treasury. On July 1, 2005, the state10 controller shall transfer two million two hundred fifty thousand dollars11 ($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 game13 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 moneys15 in the fund shall be paid to the expendable big game depredation fund. The16 principal amount in the fund shall not be appropriated, but only the interest17 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 state20 treasury pursuant to section 3, chapter 370, laws of 1990, and shall, from21 the date of enactment of this act, be known and referred to as the expendable22 big game depredation fund. In addition to payments to the fund from the23 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 section25 36-111(f), Idaho Code, the state controller shall annually, as soon after26 July 1 of each year as practical, transfer into the fund two hundred thousand27 dollars ($200,000) from the fish and game account. Moneys in the fund are28 subject to appropriation for the purposes recited in section 36-122, Idaho29 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 be31 invested as provided in section 67-1210, Idaho Code, and interest earned on32 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 direction34 of the state controller.35 (c) The state controller shall annually report to the legislature, the36 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 of8 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 not11 more than one-half (1/2) of the amount of the approved claim that12 is to be paid from the expendable big game depredation fund to be13 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 claims17 in the aggregate in a fiscal year, including any payment to any18 pass-through entity as defined in chapter 30, title 63, Idaho19 Code, from which the person receives income, and to any household20 member, shall not exceed one hundred twenty-five thousand dollars21 ($125,000).22 (C) The balance of all unpaid approved claim amounts, including23 claims submitted under the provisions of sections 36-1109 and24 36-1110, Idaho Code adjusted to account for the one hundred25 twenty-five thousand dollar ($125,000) limitation, shall be accu-26 mulated to a total as of June 30. If the balance in the expendable27 big game depredation fund appropriation is sufficient to pay28 the balance of all such approved and adjusted claims, the direc-29 tor shall pay them. If the balance is not sufficient to pay all30 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 approved33 and adjusted claims shall be used by the director to pay the re-34 mainder of the approved claims that remains unpaid because of the35 limitation required by this subsection. Such unpaid, approved36 claim amounts shall be totaled with the unpaid claim amounts from37 subsection (e) of this section. If moneys remaining in the fund38 are sufficient to pay the remainder of all such unpaid, approved39 claims, the director shall pay them. If the moneys are not suf-40 ficient to pay the remainder of such claims, the director shall41 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 moneys44 sufficient to pay the approved claims, whichever is the lesser.45 2. Each claimant must submit a statement of total damages sustained per46 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 to50

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 first6 occurrence, the seven hundred fifty dollar ($750) deductible will7 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 of10 the department of fish and game, or his designee, that:11 (A) All statutory requirements leading up to approval for payment12 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 the15 conditions and requirements of this subsection.16 (e) Any claim for damages pursuant to section 36-1109, Idaho Code, is17 limited by the following conditions and requirements:18 1. The full amount of any approved claim will not be paid at the time of19 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 that22 not more than one-half (1/2) of the amount of the approved claim to23 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 claims27 in the aggregate in a fiscal year, including any payment to any28 pass-through entity as defined in chapter 30, title 63, Idaho29 Code, from which the person receives income, and to any household30 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 to33 account for the ten percent (10%) limitation, shall be accumulated34 to a total as of June 30. If the balance in the expendable big game35 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 approved38 such claims, the director shall pay a proportionate share to each39 claimant.40 (D) Moneys remaining in the fund after payment is made to approved41 and adjusted claims shall be used by the director to pay the re-42 mainder of the approved claims that remains unpaid because of the43 limitation required by this subsection. Such unpaid, approved44 claim amounts shall be totaled with the unpaid claim amounts from45 subsection (d) of this section. If moneys remaining in the fund46 are sufficient to pay the remainder of all such unpaid, approved47 claims, the director shall pay them. If the moneys are not suf-48 ficient to pay the remainder of such claims, the director shall49 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, whichever2 is the lesser.3 2. Each claimant must submit a statement of total damages sustained per4 occurrence. For each such statement, the following condition applies:5 the amount of seven hundred fifty dollars ($750) must be deducted from6 each such statement. Provided however, if an owner or caretaker suffers7 damage to or destruction of livestock in more than one (1) occurrence8 during the fiscal year, then only one (1) deductible must be subtracted9 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 be11 compensated for from the expendable big game depredation fund.12 3. Each approved claim must contain a certification by the director of13 the department of fish and game, or his designee, that:14 (A) All statutory requirements leading up to approval for payment15 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 the18 conditions and requirements of this subsection.19 (f) Any claim for damages to forage pursuant to section 36-1110, Idaho20 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 of22 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 not25 more than one-half (1/2) of the amount of the approved claim to be26 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 pay32 all approved claims, the director shall pay them. If the balance33 is not sufficient to pay all approved claims, the director shall34 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 the37 lesser.38 2. Each claimant must submit a statement of total damages sustained per39 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 to43 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 may46 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 of1 the department of fish and game, or his designee, that:2 (A) All statutory requirements leading up to approval for payment3 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 the6 conditions and requirements of this subsection.7

SECTION 2. An emergency existing therefor, which emergency is hereby8 declared to exist, this act shall be in full force and effect on and after its9 passage and approval.10