Print Friendly HOUSE BILL NO. 668 – F&G license, residency, Natnl Guard
HOUSE BILL NO. 668
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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,
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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN 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" shall mean s all of the fish and
15 game laws and rules promulgated pursuant thereto.
16 (b) "Commission" shall mean s the Idaho fish and
17 game commission. "Commissioner" shall mean s a member
18 of the Idaho fish and game commission.
19 (c) "Department" shall mean s the Idaho depart-
20 ment of fish and game.
21 (d) "Director" shall mean s the director of the
22 Idaho department of fish and game or any person authorized to act in his name.
23 (e) "Employee" shall mean 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
28 (f) "Person" shall mean 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" shall mean s any form of animal
34 life, native or exotic, generally living in a state of nature.
35 (h) "Take" shall mean s hunt, pursue, catch,
36 capture, shoot, fish, seine, trap, kill, or possess or any attempt to so do.
37 (i) "Hunting" shall mean 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.
1 (j) "Fishing" shall mean s any effort made to
2 take, kill, injure, capture, or catch any fish or bullfrog.
3 (k) "Trapping" shall mean 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" shall mean 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" shall mean 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-
21 (n) "Bag limit" shall mean 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" shall mean s to purchase, barter,
29 exchange, or trade and includes any offer or attempt to purchase, barter,
30 exchange, or trade.
31 (p) "Sell" shall mean 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" shall mean 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-
38 (r) "Resident" shall mean 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-
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
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
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" shall mean 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" shall mean 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" shall mean 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" shall mean 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, and shall include 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" shall mean 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" shall mean 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" shall mean s any license, tag,
49 permit or stamp.
50 (aa) "License vendor" shall mean s any person
51 authorized to issue or sell licenses.
STATEMENT OF PURPOSE
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.
No Impact to the General Fund.
CONTACT: Representative Jim Clark
STATEMENT OF PURPOSE/ FISCAL NOTE