HB0077 - Game and fish-game damage amendments.
2001 |
State of Wyoming |
01LSO-0357 Substitute No. 1 CORRECTED COPY |
HOUSE BILL NO. HB0077
Game and fish-game damage amendments.
Sponsored by: Representative(s) Sadler
A BILL
for
1 AN ACT relating to game
and fish; creating an endangered
2
species fund; restricting expenditure of fund earnings to
3 game
damages caused by endangered species; imposing burden
4 of
proof upon game damage claimants; specifying conditions
5
prohibiting payment of game damage claims; providing
6
exceptions; and providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 23-1-902 is created to read:
11
12 23-1-902. Endangered species fund.
13
14 (a) The
endangered species fund is created. The fund
15 shall be administered by the state treasurer
and
shall
16 consist of those funds appropriated or
designated to the
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1
fund by law or by gift from whatever source. Funds
2
deposited within the fund are intended to remain inviolate
3 and
constitute a permanent and perpetual trust fund which
4
shall be invested by the state treasurer as authorized
5
under W.S. 9-4-711 and in a manner to obtain the highest
6
return possible consistent with preservation of the fund
7
corpus.
8
9 (b) Any interest earned from
investment of the
10 endangered species fund corpus shall be
credited by the
11 state treasurer to an account within the
game and fish fund
12 to be expended by the commission for the
management of and
13 payment of damages caused by threatened or
endangered
14 wildlife species as listed by the federal
government under
15 the federal Endangered Species Act and as
authorized under
16 W.S. 23-1-901(b). If at any time the
interest earned under
17 this subsection is not sufficient to make
game damage
18 payments awarded under W.S. 23-1-901(b), the
department
19 shall make payments from other funds
available within the
20 Wyoming game and fish fund.
21
22 Section 2. W.S. 23-1-901(b),
(c) and by creating new
23 subsections (g) and (h) is amended to
read:
24
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1 23-1-901. Owner of damaged property to
report damage;
2 claims for damages; time
for filing; determination; appeal;
3 arbitration; conditions
prohibiting payments.
4
5 (b) Any
landowner, lessee or agent claiming damages
6 from
the state for injury or destruction of property by big
7 or
trophy game animals or game birds of this state shall
8
present a verified claim for the damages to the Wyoming
9
game and fish department not later than sixty (60) days
10 after the damage or last item of damage is
discovered. The
11 claim shall specify the damage and amount
claimed. In
12 addition, the
claim shall specify the amount of damages
13 claimed due to
any big or trophy game animal or game bird
14 listed as threatened
or endangered under the federal
15 Endangered
Species Act. Any claim paid for damages caused
16 by any big or
trophy game animal or game bird listed as
17 threatened or
endangered shall be paid from the endangered
18 species fund
established under W.S. 23-1-902. As used in
19 this subsection, "verified claim"
means a claim which the
20 claimant has signed and sworn to be accurate
before a
21 person authorized to administer oaths.
22
23 (c) The
department shall consider the claims based
24 upon a description of the livestock or bees
damaged or
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1 killed
by a trophy game animal, the damaged land, growing
2
cultivated crops, stored crops including honey and hives,
3
seed crops, improvements and extraordinary damage to grass.
4 The claimant shall have the burden of proving the extent of
5 damage and that the damage claimed was caused by a big or
6 trophy game animal or game bird. Claims shall be
7 investigated
by the department and rejected or allowed
8
within ninety (90) days after submission, and paid in the
9
amount determined to be due. In the event the department
10 fails to act within ninety (90) days, the
claim, including
11 interest based on local bank preferred
rates, shall be
12 deemed to have been allowed. No award shall
be allowed to
13 any landowner who has not permitted hunting
on his property
14 during authorized hunting seasons. Any
person failing to
15 comply with any provision of this section is
barred from
16 making any claim against the department for
damages. Any
17 claimant aggrieved by the decision of the
department may
18 appeal to the commission within thirty (30)
days after
19 receipt of the decision of the department as
provided by
20 rules of practice and procedure promulgated
by the
21 commission. The commission shall review the
department
22 decision at its next meeting following
receipt of notice of
23 request for review. The commission shall
review the
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1
investigative report of the department, and it may approve,
2
modify or reverse the decision of the department.
3
4 (g) No claim for
damages shall be allowed or paid by
5 the commission under this section:
6
7 (i) To any landowner,
lessee or agent who will
8 not allow access across land under his
control, or charges
9 any fee for the privilege of access
across land under his
10 control,
to five (5) or more contiguous sections of state
11 or
federal land, for hunting the specific species of big or
12 trophy
game animal or game bird for which damages have been
13 claimed
during the most recent hunting season established
14 by
the commission. This paragraph shall not apply if the
15 contiguous
state or federal land is otherwise accessible
16 without
charge by public road. The commission may waive
17 application
of this paragraph if the department determines
18 access
was denied during wet weather in order to protect a
19 private
road from damage. As used in this
paragraph,
20 "access"
means entry by an existing established road;
21
22 (ii) To any landowner, lessee or agent who will
23 not
allow the department to implement a depredation
24 prevention
hunting season for big or trophy game animals or
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1 game birds causing damage, or will not allow the department
2 to kill any big or trophy game animal
or game bird causing
3 the damage.
4
5 (h) The commission may
waive any of the conditions
6 specified under paragraph (g)(i) of
this section if the
7 species of big or trophy game animal
or game bird for which
8 damages are claimed did not for the
most recent hunting
9 season, occupy the property of the
landowner, lessee or
10 agent,
or the five (5) or more sections of state or federal
11 land
contiguous to the property of the landowner, lessee or
12 agent.
13
14 Section 3. This act is effective July 1, 2001.
15
16 (END)
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