FISCAL NOTE
Date Requested: January 26, 2016
Time Requested: 01:23 PM |
| Agency: |
Natural Resources, Division of |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 2054 |
Introduced |
SB389 |
|
|---|
| CBD Subject: |
Natural Resources |
|---|
|
FUND(S):
3200
Sources of Revenue:
Special Fund
Legislation creates:
Neither Program nor Fund
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
The purpose of this bill is to reduce certain penalties for offenses not resulting in the illegal killing of bear and to clarify language associated with reviewing and approving bear damage claims, issuing bear depredation permits, dog training and baiting definitions and make technical corrections.
Bear damage claims are received annually for personal and real property such as crops (i.e., corn), livestock, bees, fruit trees, and personal property (e.g., damaged vehicles, feeders, hunting blinds, etc.). Modifications to the law would eliminate the ability to receive double payment for damages (i.e., payment by WVDNR as well as insurance companies) for claims associated with bear damage. The bill would allow the complainant to only file a claim for an amount not to exceed the deductible amount for damages covered under the claimant’s insurance policy. Division of Natural Resources would expect a reduction in qualifying bear damage claims for corn but cannot project a potential savings at this time.
The elimination of payment for select personal property associated with the baiting and feeding of wildlife including bears is projected to save the WVDNR in the amount of $15,000 to $20,000 annually.
Fines or fees resulting in violations and revoking of licenses are not received by the Division of Natural Resources and do not generate revenue for the agency.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2016
Increase/Decrease
(use"-") |
2017
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
0 |
20,000 |
20,000 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
0 |
0 |
0 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
20,000 |
20,000 |
Explanation of above estimates (including long-range effect):
Bear Damage Claim Data -- Source: 2014-2015 Bear Damage Claim Reports
Total claims paid 2014 and 2015 = 330.
Total damages paid 2014 and 2015 = $321,721.
2014-2015 number of bear damage claims for corn = 96 (43%).
*2014-2015 total damages paid for corn = $198,094/96 = $2,063 per claim.
2014-2015 number of bear damage claims for personal property (excludes corn) = 127 (57%).
**2014-2015 total damages paid for personal property =$60,878. (Yearly Avg. - $30,439)
Avg. bear damage paid per claim for personal property = $60,878/127=$479 per claim.
*TBD – cannot project the extent of the fiscal impact relating to payment for crop damage for claims which are also covered under the claimant’s insurance policy.
**anticipate that 50% of the $30,439 average annual bear damage (i.e., $15,220) for bear damage claims would not be accepted for personal and real property which are associated with the purposes of feeding, baiting, observing or hunting wildlife, include, but are not limited to, hunting blinds, tree stands, artificial feeders, game or trail cameras and crops planted for the purposes of feeding or baiting wildlife.
Memorandum
With regard to the assessment of bear damage language relating to this legislation, the primary purpose is two-fold: 1) to compensate the claimant for those types of real and personal property which are not covered by the claimant’s insurance policy (i.e., vehicle, federal crop insurance). If the claimant does not have insurance coverage on the damaged property then the claim would be processed by the WVDNR. Currently, it is expected that many claimants are receiving payment from the WVDNR as well as from their insurance company for the same damage claim; and 2) bear damage claims would not be accepted for personal and real property which is commonly used for the purposes of feeding, baiting, observing or hunting wildlife, which includes, but are not limited to, hunting blinds, tree stands, artificial feeders, game or trail cameras and crops planted for the purposes of feeding or baiting wildlife. These types of personal property are commonly associated with the direct feeding and baiting of wildlife and subsequently the risk of damage is significantly elevated as a result of the claimant’s activities.
Person submitting Fiscal Note: RANDY TUCKER
Email Address: RANDY.L.TUCKER@WV.GOV