2000 Legislation
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SENATE BILL NO. 1422 – Trophy big game animal/illegal kill

SENATE BILL NO. 1422

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Daily Data Tracking History



S1422..........................................by RESOURCES AND ENVIRONMENT
TROPHY BIG GAME ANIMALS - Amends existing law to increase the amounts to be
reimbursed to the state for the illegal killing, illegal possession or
illegal waste of a trophy big game animal; and to increase the minimum
value for wildlife to be reimbursed without compounding.
                                                                        
02/15    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to Res/Env
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 28-1-6
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Hawkins, Ingram, Ipsen,
      Keough, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy,
      Schroeder, Sorensen, Stegner, Wheeler, Williams
      NAYS--Whitworth
      Absent and excused--Davis, Frasure, Geddes, King-Barrutia, Stennett,
      Thorne
    Floor Sponsor - Andreason
    Title apvd - to House
03/17    House intro - 1st rdg - to Res/Con
03/22    Rpt out - rec d/p - to 2nd rdg
03/23    2nd rdg - to 3rd rdg
04/03    3rd rdg - PASSED - 59-3-8
      AYES -- Alltus, Barraclough(Barraclough), Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Cuddy, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hammond,
      Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd, Kellogg,
      Kempton, Kendell, Kunz, Lake, Loertscher(Loertscher), Mader, Marley,
      Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
      Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Trail, Zimmermann
      NAYS -- Barrett, McKague, Wood
      Absent and excused -- Clark, Crow, Deal, Hadley, Jones, Linford,
      Newcomb, Wheeler, Mr Speaker
    Floor Sponsor - Field(20)
    Title apvd - to Senate
04/04    To enrol - rpt enrol - Pres signed
04/05    Sp signed
04/06    To Governor
04/12    Governor signed
         Session Law Chapter 257
         Effective: 07/01/00

Bill Text


 S1422
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1422
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FISH AND GAME; AMENDING SECTION 36-1404, IDAHO CODE,  TO  INCREASE
  3        THE AMOUNTS TO BE REIMBURSED TO THE STATE FOR THE ILLEGAL KILLING, ILLEGAL
  4        POSSESSION  OR  ILLEGAL  WASTE OF A TROPHY BIG GAME ANIMAL AND TO INCREASE
  5        THE MINIMUM VALUE FOR WILDLIFE TO BE REIMBURSED WITHOUT COMPOUNDING.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 36-1404, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        36-1404.  UNLAWFUL KILLING, POSSESSION OR WASTE OF WILD ANIMALS, BIRDS AND
 10    FISH  --  REIMBURSABLE  DAMAGES  --  SCHEDULE  -- ASSESSMENT BY MAGISTRATES --
 11    INSTALLMENT PAYMENTS -- DEFAULT JUDGMENTS -- DISPOSITION  OF  MONEYS.  (a)  In
 12    addition  to  the  penalties  provided  for violating any of the provisions of
 13    title 36, Idaho Code, any person who pleads guilty, is found guilty of  or  is
 14    convicted of the illegal killing or the illegal possession or illegal waste of
 15    game  animals  or  birds  or fish shall reimburse the state for each animal so
 16    killed or possessed or wasted as follows:
 17        1.  Elk, seven hundred fifty dollars ($750) per animal  killed,  possessed
 18        or wasted.
 19        2.  Caribou,  bighorn  sheep,  mountain  goat and moose, one thousand five
 20        hundred dollars ($1,500) per animal killed, possessed or wasted.
 21        3.  Any other species of big game, four hundred dollars ($400) per  animal
 22        killed, possessed or wasted.
 23        4.  Wild  turkey  and  swan,  two  hundred  fifty  dollars ($250) per bird
 24        killed, possessed or wasted.
 25        5.  Sturgeon, chinook salmon, and wild steelhead, two hundred  fifty  dol-
 26        lars ($250) per fish killed, possessed or wasted.
 27        6.  Bull  trout,  one  hundred  fifty dollars ($150) per fish killed, pos-
 28        sessed or wasted.
 29        7.  Any other game bird, game fish or furbearer,  fifty  dollars  ($50.00)
 30        per animal killed, possessed or wasted.
 31        Provided  further,  that any person who pleads guilty, is found guilty of,
 32    or  is  convicted  of  a  flagrant  violation,  in  accordance  with   section
 33    36-1402(e),  Idaho  Code, involving the illegal killing, illegal possession or
 34    illegal waste of a trophy big game animal as  defined  in  section  36-202(h),
 35    Idaho  Code, shall reimburse the state for each animal so killed, possessed or
 36    wasted, as follows:
 37        1.  Trophy mule deer: two thousand dollars  ($2,000)  per  animal  killed,
 38        possessed or wasted;
 39        2.  Trophy  white-tailed  deer:  two  thousand dollars ($2,000) per animal
 40        killed, possessed or wasted;
 41        3.  Trophy elk: five thousand dollars ($5,000)  per  animal  killed,  pos-
 42        sessed or wasted;
 43        4.  Trophy  bighorn  sheep:  ten  thousand  dollars  ($10,000)  per animal
                                                                        
                                           2
                                                                        
  1        killed, possessed or wasted;
  2        5.  Trophy moose: ten thousand dollars ($10,000) per animal  killed,  pos-
  3        sessed or wasted;
  4        6.  Trophy  mountain  goat:  ten  thousand  dollars  ($10,000)  per animal
  5        killed, possessed or wasted;
  6        7.  Trophy pronghorn antelope: two thousand dollars  ($2,000)  per  animal
  7        killed, possessed or wasted;
  8        8.  Trophy caribou: ten thousand dollars ($10,000) per animal killed, pos-
  9        sessed or wasted.
 10        For  each  additional  animal  of  the  same category killed, possessed or
 11    wasted during any twelve (12) month period, the amount to be reimbursed  shall
 12    double  from the amount for each animal previously illegally killed, possessed
 13    or wasted. For example, the reimbursable damages for three (3)  elk  illegally
 14    killed  during a twelve (12) month period would be three thousand five hundred
 15    dollars ($3,500) five thousand two hundred fifty dollars ($5,250),  calculated
 16    as  follows:  five  seven hundred fifty dollars ($7500) for the first elk; one
 17    thousand five hundred dollars ($1,0500) for the  second  elk;  and  two  three
 18    thousand  dollars ($23,000) for the third elk. In the case of three (3) trophy
 19    elk illegally killed in a twelve (12) month period, the  reimbursable  damages
 20    would  be  thirty-five  thousand dollars ($35,000) calculated as follows: five
 21    thousand dollars ($5,000) for the first elk, ten  thousand  dollars  ($10,000)
 22    for  the  second elk, and twenty thousand dollars ($20,000) for the third elk.
 23    Provided  however,  that  wildlife  possessing  a  twenty-five  fifty   dollar
 24    ($250.00)  reimbursement value shall be figured at the same rate per each ani-
 25    mal in violation, without compounding.
 26        (b)  In every case of a plea of guilty, a finding of guilt or a conviction
 27    of unlawfully releasing any fish species into any public body of water in  the
 28    state,  the court before whom the plea of guilty, finding of guilt, or convic-
 29    tion is obtained shall enter judgment ordering the defendant to reimburse  the
 30    state  for  the  cost  of  the  expenses,  not  to exceed ten thousand dollars
 31    ($10,000), incurred by the state to correct the damage caused by the  unlawful
 32    release.  For purposes of this subsection, "unlawfully releasing any fish spe-
 33    cies" shall mean a release of any species of live fish, or live eggs  thereof,
 34    in  the state without the permission of the director of the department of fish
 35    and game; provided, that no permission is required when fish are  being  freed
 36    from  a  hook  and  released  at  the same time and place where caught or when
 37    crayfish are being released from a trap at  the  same  time  and  place  where
 38    caught.
 39        (c)  In  every  case  of a plea of guilty, a finding of guilt or a convic-
 40    tion, the court before whom such plea of guilty, finding of guilt  or  convic-
 41    tion  is obtained shall enter judgment ordering the defendant to reimburse the
 42    state in a  sum or sums  as  hereinbefore  set  forth  including  postjudgment
 43    interest.  If  two (2) or more defendants are convicted of the illegal taking,
 44    killing or the illegal possession or wasting of the game animal, bird or fish,
 45    such judgment shall be declared against them jointly and severally.
 46        (d)  The judgment shall fix the manner and time of payment, and may permit
 47    the defendant to pay the judgment in installments at such times  and  in  such
 48    amounts  as,  in the opinion of the court, the defendant is able to pay. In no
 49    event shall any defendant be allowed more than two (2)  years  from  the  date
 50    judgment is entered to pay the judgment.
 51        (e)  A  defaulted  judgment or any installment payment thereof may be col-
 52    lected by any means authorized for the enforcement of  a  judgment  under  the
 53    provisions of the Idaho Code.
 54        (f)  All  courts ordering such judgments of reimbursement shall order such
 55    payments to be made to the department which shall deposit them with the  state
                                                                        
                                           3
                                                                        
  1    treasurer,  and  the  treasurer  shall  place  them in the state fish and game
  2    account.
  3        (g)  The court shall retain jurisdiction over the case. If at any time the
  4    defendant is in arrears ninety (90) days or more, the  court  may  revoke  the
  5    defendant's  hunting,  fishing or trapping privileges until the defendant com-
  6    pletes payment of the judgment.

Statement of Purpose / Fiscal Impact


     
     
                       AMENDED 
                           
                STATEMENT OF PURPOSE 
                      RS 09953 
                           
     This legislation simply brings Idaho Code  36-1404(a) in conformance with
     legislation enacted in the 1999 session increasing penalties for poaching of
     animals. 
     
     
     
     
     
     
     
                    FISCAL IMPACT
     
     None. 
     
     
     
     
     
     Contact 
     Name: Sen. John Andreason
     Phone: 332-1000 
     
     
                                                  STATEMENT OF PURPOSE/FISCAL NOTE                      S1422