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H0668.........................................by RESOURCES AND CONSERVATION
FISH AND GAME LICENSES - Amends existing law to allow a member of the
National Guard or Air National Guard to purchase fish and game licenses as
a resident after 30 days of residency in the state.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Res/Con
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 64-3-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hansen, Henbest, Hornbeck, Jaquet,
Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds,
Richman, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
Tilman, Tippets, Trail, Watson, Wood, Zimmermann
NAYS -- Hadley, Ridinger, Sali
Absent and excused -- Robison, Wheeler, Mr Speaker
Floor Sponsor - Clark
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Res/Env
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Crow,
Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Ingram,
Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs,
Wheeler, Whitworth
NAYS--None
Absent and excused--Cameron, Hansen, Hawkins
Floor Sponsor - Crow
Title apvd - to House
03/18 To enrol
03/18 Rpt enrol - Sp signed
03/19 Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 212
Effective: 07/01/98
H0668|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 668 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO FISH AND GAME LICENSES; AMENDING SECTION 36-202, IDAHO CODE, TO 3 FURTHER DEFINE RESIDENCY FOR PURPOSES OF FISH AND GAME LICENSES AND TO 4 MAKE TECHNICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 36-202, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 36-202. DEFINITIONS. Whenever the following words appear in title 36, 9 Idaho Code, and orders and rules promulgated by the Idaho fish and game com- 10 mission or the director of the Idaho department of fish and game, they shall 11 be deemed to have the same meaning and terms of reference as hereinafter set 12 forth. The present tense includes the past and future tenses, and the future, 13 the present. 14 (a) "Title"shallmean s all of the fish and 15 game laws and rules promulgated pursuant thereto. 16 (b) "Commission"shallmean s the Idaho fish and 17 game commission. "Commissioner"shallmean s a member 18 of the Idaho fish and game commission. 19 (c) "Department"shallmean s the Idaho depart- 20 ment of fish and game. 21 (d) "Director"shallmean s the director of the 22 Idaho department of fish and game or any person authorized to act in his name. 23 (e) "Employee"shallmean s any employee of the 24 Idaho department of fish and game whose salary is paid entirely or in part by 25 funds administered by the Idaho fish and game commission and whose appointment 26 is made in accordance with the Idaho personnel commission act and related 27 rules. 28 (f) "Person"shallmean s an individual, part- 29 nership, corporation, company, or any other type of association, and any agent 30 or officer of any partnership, corporation, company, or other type of associa- 31 tion. The masculine gender includes the feminine and the neuter. The singular, 32 the plural, and the plural, the singular. 33 (g) "Wildlife"shallmean s any form of animal 34 life, native or exotic, generally living in a state of nature. 35 (h) "Take"shallmean s hunt, pursue, catch, 36 capture, shoot, fish, seine, trap, kill, or possess or any attempt to so do. 37 (i) "Hunting"shallmean s chasing, driving, 38 flushing, attracting, pursuing, worrying, following after or on the trail of, 39 shooting at, stalking, or lying in wait for, any wildlife whether or not such 40 wildlife is then or subsequently captured, killed, taken, or wounded. Such 41 term does not include stalking, attracting, searching for, or lying in wait 42 for, any wildlife by an unarmed person solely for the purpose of watching 43 wildlife or taking pictures thereof. 2 1 (j) "Fishing"shallmean s any effort made to 2 take, kill, injure, capture, or catch any fish or bullfrog. 3 (k) "Trapping"shallmean s taking, killing, and 4 capturing wildlife by the use of any trap, snare, deadfall, or other device 5 commonly used to capture wildlife, and the shooting or killing of wildlife 6 lawfully trapped, and includes all lesser acts such as placing, setting or 7 staking such traps, snares, deadfalls, and other devices, whether or not such 8 acts result in the taking of wildlife, and every attempt to take and every act 9 of assistance to any other person in taking or attempting to take wildlife 10 with traps, snares, deadfalls, or other devices. 11 (l) "Possession"shallmean s both actual and 12 constructive possession, and any control of the object or objects referred to; 13 provided that wildlife taken accidentally and in a manner not contrary to the 14 provisions of this title shall not be deemed to be in possession while being 15 immediately released live back to the wild. 16 (m) "Possession limit"shallmean s the maximum 17 limit in number or amount of wildlife which may be lawfully in the possession 18 of any person. "Possession limit" shall apply to wildlife being in possession 19 while in the field or being transported to final place of consumption or stor- 20 age. 21 (n) "Bag limit"shallmean s the maximum number 22 of wildlife which may be legally taken, caught, or killed by any one (1) 23 person for any particular period of time, as provided by order of the 24 commission. The term "bag limit" shall be construed to mean an individual, 25 independent effort and shall not be interpreted in any manner as to allow one 26 (1) individual to take more than his "bag limit" toward filling the "bag 27 limit" of another. 28 (o) "Buy"shallmean s to purchase, barter, 29 exchange, or trade and includes any offer or attempt to purchase, barter, 30 exchange, or trade. 31 (p) "Sell"shallmean s to offer or possess for 32 sale, barter, exchange, or trade, or the act of selling, bartering, exchanging 33 or trading. 34 (q) "Transport"shallmean s to carry or convey 35 or cause to be carried or conveyed from one (1) place to another 36 and includes an offer to transport, or receipt or possession for transporta- 37 tion. 38 (r) "Resident"shallmean s any person who has 39 been domiciled in this state, with a bona fide intent to make this his place 40 of permanent abode, for a period of not less than six (6) months immediately 41 preceding the date of application for any license, tag, or permit required 42 under the provisions of this title or orders of the commission and who, when 43 temporarily absent from this state, continues residency with intent to return, 44 and who does not claim any resident privileges in any other state or country 45 for any purpose. Such privileges include, but are not limited to: state where 46 valid driver's license is issued; state of voter registration; state where 47 resident state income taxes are filed; state where homeowner's tax exemption 48 is granted. Provided that, until any such person has been continuously domi- 49 ciled outside the state of Idaho for a sufficient period of time to qualify 50 for resident hunting and fishing privileges in his new state of residence, 51 said person shall be deemed not to have lost his residency in Idaho for the 52 purposes of this title. However, mere ownership of real property or payment of 53 property taxes in Idaho does not establish residency. Provided further that: 54 1. Idaho residents shall not lose their residency in Idaho if they are 55 absent from the state for religious (not to exceed two (2) years) or full- 3 1 time educational (not to exceed five (5) years) purposes, full time to be 2 defined by the educational institution attended, and do not claim resi- 3 dency or use resident privileges in any other state or country for any 4 purpose. 5 2. Idaho residents who are in the military service of the United States 6 and maintain Idaho as their official state of residence as shown on their 7 current leave and earnings statement, together with their spouse and chil- 8 dren under eighteen (18) years of age living in the household, shall be 9 eligible for the purchase of resident licenses. 10 3. A member of the military service of the United States or of a foreign 11 country, together with his spouse and children under eighteen (18) years 12 of age residing in his household, who have been officially transferred, 13 stationed, domiciled and on active duty in this state for a period of 14 thirty (30) days last preceding application shall be eligible, as long as 15 such assignment continues, to purchase a resident license. A member 16 of the state national guard or air national guard, domiciled in this state 17 for a period of thirty (30) days last preceding application shall be eli- 18 gible, as long as such residency continues, to purchase a resident 19 license. 20 4. Any person enrolled as a corpsman at a job corps center in Idaho shall 21 be eligible, as long as he is so enrolled, to obtain a resident fishing 22 license irrespective of his length of residence in this state. 23 5. Any foreign exchange student enrolled in an Idaho high school shall be 24 eligible, as long as he is so enrolled, to obtain a resident fishing 25 license irrespective of his length of residence in this state. 26 (s) "Senior resident"shallmean s any person 27 who is over sixty-five (65) years of age and who has been a resident of the 28 state of Idaho as hereinbefore provided for not less than five (5) years. 29 (t) "Nonresident"shallmean s any person who 30 does not qualify as a resident. 31 (u) "Order, rule, regulation" are all used interchangeably and each 32 includes the others. 33 (v) "Blindness"shallmean s sight that does not 34 exceed 20/200 as provided by the administrative guidelines of section 56-213, 35 Idaho Code. 36 (w) "Public highway"shallmean s the traveled 37 portion of, and the shoulders on each side of, any road maintained by any gov- 38 ernmental entity for public travel, andshallinclude s 39 all bridges, culverts, overpasses, fills, and other structures within 40 the limits of the right-of-way of any such road. 41 (x) "Motorized vehicle"shallmean s any water, 42 land or air vehicle propelled by means of steam, petroleum products, electric- 43 ity, or any other mechanical power. 44 (y) "Commercial fish hatchery"shallmean s any 45 hatchery, pond, lake or stream or any other waters where fish are held, 46 raised, or produced for sale but shall not include facilities used for the 47 propagation of fish commonly considered as ornamental or aquarium varieties. 48 (z) "License"shallmean s any license, tag, 49 permit or stamp. 50 (aa) "License vendor"shallmean s any person 51 authorized to issue or sell licenses.
STATEMENT OF PURPOSE
RS 07433
The purpose of this legislation is to amend Section 36-202, Idaho
Code, to allow members of the National Guard to qualify for
residency for the purpose of procuring fish and game licenses.
FISCAL NOTE
No Impact to the General Fund.
CONTACT: Representative Jim Clark
(208) 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE
H 668