SENATE BILL NO. 1269

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S1269..........................................by RESOURCES AND ENVIRONMENT
HUNTING LICENSE - YOUTH - Amends existing law relating to fish and game to
revise provisions relating to those animal species subject to being hunted
pursuant to certain youth hunting licenses.

01/15    Senate intro - 1st rdg - to printing
01/16    Rpt prt - to Res/Env
01/29    Rpt out - rec d/p - to 2nd rdg
01/30    2nd rdg - to 3rd rdg
02/01    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett(Thorson), Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Siddoway
    Title apvd - to House
02/04    House intro - 1st rdg - to Res/Con
02/28    Rpt out - rec d/p - to 2nd rdg
02/29    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 52-16-2
      AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Block, Bock,
      Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Collins, Crane, Eskridge, Hagedorn, Henbest, Henderson, Jaquet,
      Killen, King, Labrador, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Patrick, Pence, Raybould, Roberts, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
      Snodgrass, Stevenson, Thomas, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- Barrett, Clark, Hart, Harwood, Kren, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Ringo,
      Thayn, Trail
      Absent and excused -- Black, Durst
    Floor Sponsor - Brackett
    Title apvd - to Senate
03/07    To enrol
03/10    Rpt enrol - Pres signed
03/11    Sp signed
03/12    To Governor
03/14    Governor signed
         Session Law Chapter 98
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1269

                           BY RESOURCES AND ENVIRONMENT COMMITTEE

  1                                        AN ACT
  2    RELATING TO FISH AND GAME; AMENDING SECTION 36-404, IDAHO CODE, TO REVISE PRO-
  3        VISIONS RELATING TO THOSE ANIMAL SPECIES SUBJECT TO BEING HUNTED  PURSUANT
  4        TO  YOUTH  SMALL GAME LICENSES AND TO CORRECT A CODIFIER'S ERROR; AMENDING
  5        SECTION 36-406, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THOSE  ANIMAL
  6        SPECIES  SUBJECT  TO  BEING  HUNTED  PURSUANT  TO  CERTAIN  YOUTH  HUNTING
  7        LICENSES;  AND  AMENDING  SECTION 36-407, IDAHO CODE, TO REVISE PROVISIONS
  8        RELATING TO THOSE ANIMAL SPECIES SUBJECT TO BEING HUNTED PURSUANT TO  CER-
  9        TAIN JUNIOR AND YOUTH HUNTING LICENSES.

 10    Be It Enacted by the Legislature of the State of Idaho:

 11        SECTION  1.  That  Section  36-404, Idaho Code, be, and the same is hereby
 12    amended to read as follows:

 13        36-404.  CLASSES OF LICENSES. The licenses required by the  provisions  of
 14    this title shall be of eight (8) classes. Classes one (1) through five (5) and
 15    eight  (8)  in  this  section may be purchased or obtained only by persons who
 16    meet residency requirements under the provisions of section 36-202(s) and (t),
 17    Idaho Code, or who are valid holders of a lifetime license certificate.
 18        Class 1: Adult Combination -- Hunting --  Fishing  --  Trapping  Licenses.
 19    Licenses to be issued only to persons who are residents of the state of Idaho.
 20        Class 2: Junior Hunting -- Trapping -- Youth Small Game Licenses.
 21        (a)  Junior hunting license. Licenses to be issued only to persons who are
 22    residents of the state of Idaho and are between twelve (12) and seventeen (17)
 23    years  of age, inclusive.  Provided, that a license may be issued to qualified
 24    persons who are eleven (11) years of age to allow the application for  a  con-
 25    trolled  hunt  permit;  however,  said  persons  shall not hunt until they are
 26    twelve (12) years of age.
 27        (b)  Junior trapping licenses. Licenses to be issued only to  persons  who
 28    are  residents  of  the  state of Idaho and are seventeen (17) years of age or
 29    younger.
 30        (c)  Youth small game licenses. Licenses to be issued  only  to  qualified
 31    persons  who  are  residents  of the state of Idaho and are ten (10) or eleven
 32    (11) years of age to hunt upland game  birds  (including  turkeys),  migratory
 33    game  birds, cottontail rabbits, pygmy rabbits huntable furbearers, and unpro-
 34    tected and predatory birds and animals of this state while accompanied in  the
 35    field by an adult licensed to hunt in the state of Idaho.
 36        Class  3:  Junior  Combination  -- Fishing Licenses. Licenses to be issued
 37    only to persons who are residents of the state of Idaho between fourteen  (14)
 38    and seventeen (17) years of age, inclusive.
 39        Class  4:  Senior Resident Combination License. Licenses to be issued only
 40    to persons over sixty-five (65) years of age who have been bona fide residents
 41    of the state of Idaho for a continuous period of not less than five (5)  years
 42    last preceding application.
 43        Class  5:  Resident  Lifetime  Combination  -- Hunting -- Fishing License.

                                       2

  1    Licenses to be issued only to persons who are  valid  holders  of  a  lifetime
  2    license certificate.
  3        Class 6: Nonresident Combination -- Hunting -- Fishing -- Trapping -- Jun-
  4    ior  Mentored  Hunting  --  Youth Small Game -- Youth Hunter Education Gradute
  5    Graduate -- Licenses. Licenses required of persons who are nonresidents.
  6        Class 7: Duplicate License -- Tag. A license or tag  to  be  issued  as  a
  7    replacement  for an original license or tag lost or mutilated. Said license or
  8    tag shall be issued in the same class and type as the original and upon  issu-
  9    ance of such duplicate license or tag the original license or tag shall become
 10    null and void.
 11        Class  8:  Resident  Hunting  and  Fishing  License with Tags, Permits and
 12    Stamps. Licenses to be issued only to persons who meet residency  requirements
 13    under the provisions of section 36-202(s) and (t), Idaho Code.

 14        SECTION  2.  That  Section  36-406, Idaho Code, be, and the same is hereby
 15    amended to read as follows:

 16        36-406.  RESIDENT FISHING, HUNTING AND  TRAPPING  LICENSES  --  FEES.  (a)
 17    Adult  Licenses -- Combination -- Fishing -- Hunting -- Trapping. A license of
 18    the first class may be had by a person possessing the  qualifications  therein
 19    described  on payment of a fee as specified in section 36-416, Idaho Code, for
 20    a combined fishing and hunting license entitling the  purchaser  to  hunt  and
 21    fish  for game animals, game birds, unprotected and predatory animals and fish
 22    of the state, a fee as specified in section 36-416, Idaho Code, for a  fishing
 23    license  entitling  the purchaser to fish in the public waters of the state, a
 24    fee as specified in section 36-416, Idaho Code, for a  hunting  license  enti-
 25    tling  the  purchaser to hunt game animals, game birds, unprotected and preda-
 26    tory animals of the state, and a fee as specified  in  section  36-416,  Idaho
 27    Code,  for  a  trapping  license  entitling  the purchaser to trap furbearers,
 28    unprotected and predatory animals of the state.
 29        (b)  Junior Licenses -- Hunting -- Trapping. A license of the second class
 30    may be had by a person possessing the qualifications therein described on pay-
 31    ment of a fee as specified in  section  36-416,  Idaho  Code,  for  a  hunting
 32    license,  and a fee as specified in section 36-416, Idaho Code, for a trapping
 33    license entitling the purchaser to the same privileges  as  the  corresponding
 34    license of the first class provides.
 35        (c)  Junior  Combination -- Fishing Licenses. A license of the third class
 36    may be purchased by a person possessing the qualifications  therein  described
 37    on payment of a fee as specified in section 36-416, Idaho Code, for a combined
 38    fishing  and  hunting license, and a fee as specified in section 36-416, Idaho
 39    Code, for a fishing license entitling the purchaser to the same privileges  as
 40    the corresponding license of the first class provides.
 41        (d)  Senior Resident Combination. A license of the fourth class may be had
 42    by  a  person  possessing the qualifications therein described on payment of a
 43    fee as specified in section 36-416, Idaho Code, for  a  combined  fishing  and
 44    hunting  license  entitling the purchaser to the same privileges as the corre-
 45    sponding license of the first class provides.
 46        (e)  Lifetime Licenses -- Combination -- Hunting -- Fishing. A license  of
 47    the fifth class may be obtained at no additional charge by a person possessing
 48    the  qualifications  therein  described  for  a  combined  hunting and fishing
 49    license, for a hunting license, or for a fishing license, entitling the person
 50    to the same privileges as the corresponding license of the  first  class  pro-
 51    vides.  Lifetime  licensees  must be certified under the provisions of section
 52    36-413, Idaho Code, before being issued a license to hunt.
 53        (f)  A license of the eighth class may be had by a person  possessing  the

                                       3

  1    qualifications  therein  described on payment of a fee as specified in section
  2    36-416, Idaho Code, entitling the purchaser to hunt and fish for game animals,
  3    game birds, fish, and unprotected and predatory animals  of  the  state.  With
  4    payment  of  the required fee, a person shall receive with this license a deer
  5    tag, an elk tag, a bear tag, a turkey tag, a mountain  lion  tag,  an  archery
  6    hunt permit, a muzzleloader permit, a steelhead trout permit and an anadromous
  7    salmon permit. The director shall promptly transmit to the state treasurer all
  8    moneys received pursuant to this subsection for deposit as follows:
  9        (i)   Four  dollars  ($4.00)  in the set-aside account for the purposes of
 10        section 36-111(1)(a), Idaho Code;
 11        (ii)  Two dollars ($2.00) in the set-aside account  for  the  purposes  of
 12        section 36-111(1)(b), Idaho Code;
 13        (iii) One  dollar and fifty cents ($1.50) in the set-aside account for the
 14        purposes of section 36-111(1)(c), Idaho Code; and
 15        (iv)  The balance in the fish and game account.
 16        All persons purchasing a license pursuant to this subsection shall observe
 17    and shall be subject to all rules of the commission  regarding  the  fish  and
 18    wildlife of the state.
 19        If  the  purchaser  of  this  license  does not meet the archery education
 20    requirements of section 36-411(b), Idaho Code, then, notwithstanding the  pro-
 21    visions of section 36-304, Idaho Code, the archery hunt permit portion of this
 22    license  is  invalid. The fee for this license will not change and the license
 23    must be issued without the archery permit validation.
 24        (g)  Disabled Persons Licenses -- Combination -- Fishing. A license of the
 25    first class may be had by any resident disabled person on payment of a fee  as
 26    specified  in  section  36-416, Idaho Code, for a combined fishing and hunting
 27    license, and a fee as specified in section 36-416, Idaho Code, for  a  fishing
 28    license,  entitling  the purchaser to the same privileges as the corresponding
 29    license of the first class provides. A disabled person means a person  who  is
 30    deemed disabled by one (1) or more, but not necessarily all, of the following:
 31    the  railroad retirement board pursuant to title 45 of the United States Code,
 32    or certified as eligible for federal supplemental security  income  (SSI);  or
 33    social  security disability income (SSDI); or  a nonservice-connected veterans
 34    pension; or a service-connected veterans disability benefit with forty percent
 35    (40%) or more disability; or certified as permanently disabled by a physician.
 36    Once determination of permanent disability has been made with the  department,
 37    the determination shall remain on file within the electronic filing system and
 38    the  license  holder shall not be required to present a physician's determina-
 39    tion each year or prove their disability each year.
 40        (h)  Military Furlough Licenses -- Combination -- Fishing.  A  license  of
 41    the  first  class may be had by a resident person engaged in the military ser-
 42    vice of the United States, while on temporary furlough  or  leave,  possessing
 43    the  qualifications therein described on payment of a fee as specified in sec-
 44    tion 36-416, Idaho Code, for a combined fishing and hunting  license,  and  as
 45    specified in section 36-416, Idaho Code, for a fishing license.
 46        (i)  Youth  Small  Game Licenses -- Hunting. A license of the second class
 47    may be had by a resident of ten (10) or eleven (11) years of age on payment of
 48    a fee as specified in section 36-416, Idaho Code, provided  that  the  license
 49    shall  be valid only for hunting upland game birds (including turkeys), migra-
 50    tory game birds, cottontail rabbits, pygmy rabbits  huntable  furbearers,  and
 51    unprotected and predatory birds and animals of this state while accompanied in
 52    the field by the holder of an adult Idaho hunting license.

 53        SECTION  3.  That  Section  36-407, Idaho Code, be, and the same is hereby
 54    amended to read as follows:

                                       4

  1        36-407.  NONRESIDENT COMBINATION, FISHING, HUNTING, AND TRAPPING  LICENSES
  2    --  FEES  -- RIGHTS UNDER. Licenses of the sixth class shall be issued to non-
  3    residents in the several kinds and for fees as follows:
  4        (a)  Nonresident Hunting License. A license issued only to a person twelve
  5    (12) years of age or older entitling said person to pursue, hunt, or kill game
  6    birds, small game animals, unprotected birds and animals and  predatory  birds
  7    and  animals and to purchase game tags as provided in section 36-409(b), Idaho
  8    Code. Provided, that a license may be issued  to  qualified  persons  who  are
  9    eleven  (11)  years of age to allow the application for a controlled hunt per-
 10    mit; however, said persons shall not hunt until they are twelve (12) years  of
 11    age.   A license of this kind may be had upon payment of a fee as specified in
 12    section 36-416, Idaho Code.
 13        (b)  Nonresident Season Fishing License. A license entitling a  person  to
 14    fish in the public waters of the state. A license of this kind may be had upon
 15    payment of a fee as specified in section 36-416, Idaho Code.
 16        (c)  Nonresident  Trapping  License.  A license entitling a person to trap
 17    fur-bearing, unprotected, and predatory animals. A license of this kind may be
 18    had upon payment of a fee as specified in section 36-416, Idaho Code,  provid-
 19    ing  the  state  of  residence  of said person grants similar trapping license
 20    privileges to residents of Idaho.
 21        (d)  Nonresident Nongame License. A license entitling a person to carry  a
 22    shotgun  or rifle for the protection of livestock, or to pursue, hunt and kill
 23    unprotected birds and animals and predatory birds and animals of this state. A
 24    license of this kind may be had by a nonresident person  who  is  twelve  (12)
 25    years  of  age  or older upon payment of a fee as specified in section 36-416,
 26    Idaho Code. This license shall be valid only during the period of January 1 to
 27    August 31 of the calendar year in which issued, unless verified by the  direc-
 28    tor  that  the  licensee  requires  such a license to authorize him to carry a
 29    shotgun or rifle for the protection of livestock, in which case  said  license
 30    shall be valid until December 31 of the year in which issued.
 31        (e)  Nonresident Two Day Small Game Hunting License. A license issued only
 32    to  a  person  twelve (12) years of age or older, entitling the person to hunt
 33    upland game birds (to include turkeys), migratory game birds, cottontail  rab-
 34    bits,  and  pygmy  rabbits.  A  person holding this license shall purchase the
 35    appropriate required tags and permits, and may not hunt pheasants in  an  area
 36    during  the first five (5) days of the pheasant season in that area. A license
 37    of this type may be had upon payment of a fee as specified in section  36-416,
 38    Idaho Code.
 39        (f)  Falconry  Meet  Permit. The director may issue a special permit for a
 40    regulated meet scheduled for a specific number of days upon payment of  a  fee
 41    as  specified  in section 36-416, Idaho Code. Only trained raptors may be used
 42    under the special permit issued under the provisions of this subsection.
 43        (g)  Daily Fishing License -- Resident May Purchase. A license entitling a
 44    person to fish in the waters of the state on a day-to-day basis. A license  of
 45    this  kind  may  be had by a resident or nonresident person (the provisions of
 46    section 36-405, Idaho Code, notwithstanding), upon payment of a fee as  speci-
 47    fied  in  section 36-416, Idaho Code, for the first effective day and a fee as
 48    specified in section 36-416, Idaho Code, for each consecutive day thereafter.
 49        (h)  Nonresident Three Day Fishing License with Steelhead or  Salmon  Per-
 50    mit.  A license entitling a nonresident to fish in the waters of the state for
 51    a period of three (3) consecutive days for any fish, including steelhead trout
 52    or anadromous salmon during an open season for those fish may be had upon pay-
 53    ment of a fee as specified in section 36-416, Idaho Code. The  three  (3)  day
 54    license  holder  may fish for any species of fish, steelhead trout and anadro-
 55    mous salmon subject to the limitations prescribed in rules promulgated by  the

                                       5

  1    commission.  A  nonresident  may  purchase as many of the licenses provided in
  2    this subsection as he desires provided that the nonresident is otherwise  eli-
  3    gible to do so.
  4        (i)  Nonresident Junior Fishing License. A license entitling a nonresident
  5    who  is  less  than  eighteen  (18) years of age to fish in the waters of this
  6    state may be had upon payment of a fee as specified in section  36-416,  Idaho
  7    Code.
  8        (j)  Nonresident  Combination  Licenses. A license entitling the person to
  9    hunt and fish for game animals, game birds, fish and unprotected and predatory
 10    animals of the state may be had by a person twelve (12) years of age or  older
 11    upon  payment  of  a fee as specified in section 36-416, Idaho Code. A license
 12    may be issued to a qualified person who is eleven (11) years of age  to  allow
 13    the  application  for  a controlled hunt permit; however, the person shall not
 14    hunt until he is twelve (12) years of age.
 15        (k)  Nonresident Junior Mentored Hunting License. A  license  entitling  a
 16    nonresident between twelve (12) and seventeen (17) years of age, inclusive, to
 17    hunt  game  animals,  upland  game  birds  (including turkeys), migratory game
 18    birds, cottontail rabbits, pygmy rabbits, and unprotected and predatory  birds
 19    and  animals of this state only when accompanied in the field by the holder of
 20    an adult Idaho hunting license. A person holding this license  shall  purchase
 21    the  appropriate  required  tags as provided in section 36-409(b), Idaho Code,
 22    and permits. Provided, that a license may be issued to qualified  persons  who
 23    are  eleven  (11)  years of age to allow the application for a controlled hunt
 24    permit; however, said persons shall not hunt until they are twelve (12)  years
 25    of  age.  A license of this kind may be had upon payment of a fee as specified
 26    in section 36-416, Idaho Code.
 27        (l)  Nonresident Youth Small Game Licenses -- Hunting. A license entitling
 28    a nonresident of ten (10) or eleven (11) years of  age  to  hunt  upland  game
 29    birds  (including  turkeys),  migratory  game birds, cottontail rabbits, pygmy
 30    rabbits huntable furbearers, and unprotected and predatory birds  and  animals
 31    of  this  state  only while accompanied in the field by the holder of an adult
 32    Idaho hunting license may be had upon payment of a fee as specified in section
 33    36-416, Idaho Code.
 34        (m)  Youth Hunter Education Graduate Licenses -- Hunting --  Resident  May
 35    Purchase.  A  license  entitling  a person between ten (10) and seventeen (17)
 36    years of age, inclusive, to hunt upland game birds (except turkeys), migratory
 37    game birds, cottontail rabbits, pygmy rabbits huntable furbearers, and  unpro-
 38    tected  and predatory birds and animals of this state only when accompanied in
 39    the field by the holder of an adult Idaho hunting license.  A  person  holding
 40    this  license  shall  purchase  the appropriate required permits. A license of
 41    this kind may be issued to a resident or nonresident  person,  notwithstanding
 42    the  provisions of section 36-405, Idaho Code, upon payment of a fee as speci-
 43    fied in section 36-416, Idaho Code.

Statement of Purpose / Fiscal Impact



                     STATEMENT OF PURPOSE

                          RS 17316C1

Amends existing law relating to Department of Fish and Game 
youth hunting licenses to clarify huntable species by removing 
pygmy rabbit and adding huntable furbearers.



                         FISCAL NOTE

There is no fiscal effect to the General Fund.  The deletion of 
pygmy rabbit from these licenses has no fiscal effect because 
there has not been a season for pygmy rabbit for many years.  
Adding new hunting opportunity for huntable furbearers is 
estimated to increase sales of these reduced fee youth hunting 
licenses no more than 1% of the 2006 combined sales of these 
licenses for a total increase to Fish and Game funds of $3,725.



CONTACT
Name:	Sharon Kiefer
Agency:	Fish and Game, Dept. of
Phone:	334-3771


STATEMENT OF PURPOSE/FISCAL NOTE	                  S 1269