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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
S1422|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN 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 bethree thousand five hundred15dollars ($3,500)five thousand two hundred fifty dollars ($5,250), calculated 16 as follows:fiveseven hundred fifty dollars ($7500) for the first elk; one 17 thousand five hundred dollars ($1,0500) for the second elk; andtwothree 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 atwenty-fivefifty 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.
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