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S1386aa........................................by RESOURCES AND ENVIRONMENT FISH AND GAME - Amends existing law to provide that a prosecution for misdemeanors under the provisions of the Fish and Game Code must be commenced by the issuance of a citation or filing of a complaint within five years after its commission for unlawfully taking or possessing any big game animal, caribou or grizzly bear or for unlawfully purchasing, possessing or using any license, tag or permit by any person who does not reside in the state of Idaho at the time of purchase. 02/13 Senate intro - 1st rdg - to printing 02/14 Rpt prt - to Res/Env 02/27 Rpt out - rec d/p - to 2nd rdg 02/28 2nd rdg - to 3rd rdg 03/02 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Langhorst Title apvd Held for reconsideration Motion to reconsider - PASSED To 14th Ord 03/14 Rpt out amen - to engros 03/15 Rpt engros - 1st rdg - to 2nd rdg as amen 03/16 2nd rdg - to 3rd rdg as amen 03/20 3rd rdg as amen - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Marley Floor Sponsor - Langhorst Title apvd - to House 03/21 House intro - 1st rdg - to Res/Con 03/24 Rpt out - rec d/p - to 2nd rdg 03/27 2nd rdg - to 3rd rdg Rls susp - PASSED - 47-18-5 AYES -- Andrus, Barraclough, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Jaquet, Kemp, LeFavour, Martinez, Miller, Mitchell, Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- Barrett, Bastian, Bayer, Bedke, Crow, Hart, Harwood, Lake, Loertscher, Mathews, McGeachin, McKague, Moyle, Nonini, Rydalch, Sali, Smith(24), Wood Absent and excused -- Anderson, Clark, Henbest, Henderson, Smylie Floor Sponsor - Roberts Title apvd - to Senate 03/28 To enrol 03/29 Rpt enrol - Pres signed - Sp signed 03/30 To Governor 03/31 Governor signed Session Law Chapter 288 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1386 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO STATUTE OF LIMITATIONS FOR FISH AND GAME VIOLATION; AMENDING SEC- 3 TION 36-1406, IDAHO CODE, TO PROVIDE THAT A PROSECUTION FOR MISDEMEANORS 4 UNDER THE PROVISIONS OF THE FISH AND GAME CODE MUST BE COMMENCED BY THE 5 ISSUANCE OF A CITATION OR FILING OF A COMPLAINT WITHIN FIVE YEARS AFTER 6 ITS COMMISSION FOR UNLAWFULLY PURCHASING, POSSESSING OR USING ANY LICENSE, 7 TAG OR PERMIT BY ANY PERSON WHO DOES NOT RESIDE IN THE STATE OF IDAHO AT 8 THE TIME OF PURCHASE. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 36-1406, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 36-1406. STATUTE OF LIMITATION FOR MISDEMEANORS. (1) Notwithstanding any 13 other provision of law, a prosecution for misdemeanors under the provisions of 14 this title must be commenced by the issuance of a citation or filing of a com- 15 plaint within two (2) years after its commission for any of the following 16 offenses: 17 (a) Unlawfully taking or possessing any big game animal, caribou, or 18 grizzly bear. 19 (b) The unlawful sale or purchase of wildlife as set forth in section 20 36-501, Idaho Code. 21(c) Unlawfully purchasing, possessing or using any license, tag or permit22by any person who does not reside in the state of Idaho at the time of23purchase24 (2) Notwithstanding any other provision of law, a prosecution for misde- 25 meanors under the provisions of this title must be commenced by the issuance 26 of a citation or filing of a complaint within five (5) years after its commis- 27 sion for unlawfully purchasing, possessing or using any license, tag or permit 28 by any person who does not reside in the state of Idaho at the time of pur- 29 chase. 30 (3) The prosecution for all other misdemeanors under this title must be 31 commenced as provided in section 19-403, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Langhorst Seconded by Cameron IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1386 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, delete lines 12 through 31 and insert: 3 "36-1406. STATUTE OF LIMITATION FOR MISDEMEANORS. (1) Notwithstanding any 4 other provision of law, a prosecution for misdemeanors under the provisions of 5 this title must be commenced by the issuance of a citation or filing of a com- 6 plaint within two (2) years after its commission forany of the following7offenses:8(a) Unlawfully taking or possessing any big game animal, caribou, or9grizzly bear.10(b) Tthe unlawful sale or purchase of wildlife as set forth in section 11 36-501, Idaho Code. 12(c) Unlawfully purchasing, possessing or using any license, tag or permit13by any person who does not reside in the state of Idaho at the time of pur-14chase.15 (2) Notwithstanding any other provision of law, a prosecution for misde- 16 meanors under the provisions of this title must be commenced by the issuance 17 of a citation or filing of a complaint within five (5) years after its commis- 18 sion: (a) for unlawfully taking or possessing any big game animal, caribou or 19 grizzly bear; or (b) for unlawfully purchasing, possessing or using any 20 license, tag or permit by any person who does not reside in the state of Idaho 21 at the time of purchase. 22 (3) The prosecution for all other misdemeanors under this title must be 23 commenced as provided in section 19-403, Idaho Code.". 24 CORRECTION TO TITLE 25 On page 1, in line 6, following "COMMISSION" insert: "FOR UNLAWFULLY TAK- 26 ING OR POSSESSING ANY BIG GAME ANIMAL, CARIBOU OR GRIZZLY BEAR OR".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1386, As Amended BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO STATUTE OF LIMITATIONS FOR FISH AND GAME VIOLATION; AMENDING SEC- 3 TION 36-1406, IDAHO CODE, TO PROVIDE THAT A PROSECUTION FOR MISDEMEANORS 4 UNDER THE PROVISIONS OF THE FISH AND GAME CODE MUST BE COMMENCED BY THE 5 ISSUANCE OF A CITATION OR FILING OF A COMPLAINT WITHIN FIVE YEARS AFTER 6 ITS COMMISSION FOR UNLAWFULLY TAKING OR POSSESSING ANY BIG GAME ANIMAL, 7 CARIBOU OR GRIZZLY BEAR OR FOR UNLAWFULLY PURCHASING, POSSESSING OR USING 8 ANY LICENSE, TAG OR PERMIT BY ANY PERSON WHO DOES NOT RESIDE IN THE STATE 9 OF IDAHO AT THE TIME OF PURCHASE. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 36-1406, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 36-1406. STATUTE OF LIMITATION FOR MISDEMEANORS. (1) Notwithstanding any 14 other provision of law, a prosecution for misdemeanors under the provisions of 15 this title must be commenced by the issuance of a citation or filing of a com- 16 plaint within two (2) years after its commission forany of the following17offenses:18(a) Unlawfully taking or possessing any big game animal, caribou, or19grizzly bear.20(b) Tthe unlawful sale or purchase of wildlife as set forth in section 21 36-501, Idaho Code. 22(c) Unlawfully purchasing, possessing or using any license, tag or permit23by any person who does not reside in the state of Idaho at the time of pur-24chase.25 (2) Notwithstanding any other provision of law, a prosecution for misde- 26 meanors under the provisions of this title must be commenced by the issuance 27 of a citation or filing of a complaint within five (5) years after its commis- 28 sion: (a) for unlawfully taking or possessing any big game animal, caribou or 29 grizzly bear; or (b) for unlawfully purchasing, possessing or using any 30 license, tag or permit by any person who does not reside in the state of Idaho 31 at the time of purchase. 32 (3) The prosecution for all other misdemeanors under this title must be 33 commenced as provided in section 19-403, Idaho Code.
STATEMENT OF PURPOSE RS 15673 This legislation amends Title 36 of Idaho Code to extend the statute of limitations from two to five years for Fish and Game violations involving the unlawful purchase, possession or use of any resident license, tag or permit by a non resident. FISCAL IMPACT There is minimal to no impact to the general fund. Contact Name: Sen. David Langhorst 332 1348 STATEMENT OF PURPOSE/FISCAL NOTE S 1386