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S1441..........................................by RESOURCES AND ENVIRONMENT
FISH AND GAME - ILLEGAL TAKINGS - Amends existing law to increase fines for
the illegal taking, possessing or wasting of certain big game animals and
to increase the amounts to be reimbursed to the state for the illegal
killing, possessing or wasting of certain big game animals.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Res/Env
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/03 3rd rdg - FAILED - 16-17-2
AYES--Andreason, Boatright, Bunderson, Danielson, Deide, Dunklin,
Hansen, McLaughlin, Noh, Riggs, Risch, Sandy, Schroeder, Stennett,
Sweeney, Thorne
NAYS--Branch, Burtenshaw, Cameron, Crow, Darrington, Frasure, Geddes,
Hawkins, Ipsen, Keough, King, Lee, Parry, Richardson, Twiggs,
Wheeler, Whitworth
Absent and excused--Ingram, Sorensen
Floor Sponsor - Schroeder
Filed with the Secretary of the Senate
S1441|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1441 BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-1402, IDAHO CODE, TO INCREASE 3 FINES FOR THE ILLEGAL TAKING, POSSESSING, OR WASTING OF CERTAIN BIG GAME 4 ANIMALS AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 36-1404, 5 IDAHO CODE, TO INCREASE AMOUNTS TO BE REIMBURSED TO THE STATE FOR THE 6 ILLEGAL KILLING, POSSESSING OR WASTING OF CERTAIN BIG GAME ANIMALS AND TO 7 MAKE A TECHNICAL CORRECTION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 36-1402, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 36-1402. PENALTY -- INFRACTION -- MISDEMEANOR -- FELONY -- REVOCATION OF 12 LICENSE -- DISPOSITION OF MONEYS. (a) Infraction Penalty. Any person who 13 pleads guilty to or is found guilty of an infraction of this code or rules 14 promulgated pursuant thereto, shall be punished in accordance with the provi- 15 sions of the Idaho infractions rules. 16 (b) Misdemeanor Penalty. Any person entering a plea of guilty for, found 17 guilty of or convicted of a misdemeanor under the provisions of this title or 18 rules promulgated pursuant thereto shall, except in cases where a higher pen- 19 alty is prescribed, be fined in a sum of not less than twenty-five dollars 20 ($25.00) nor more thanonetwo thousand dollars 21 ($12 ,000) and/or by commitment to jail for not more 22 than six (6) months. The minimum fine, per animal, fish or bird, for the ille- 23 gal taking, illegal possession or the illegal waste of the following animals, 24 fish or birds shall be as indicated below: 25 Animal, Fish or Bird Minimum Fine 26 Bighorn sheep, mountain goat and moose $52,0 00 27 Elk $31,0 00 28 Any other big game animal $25 00 29 Wild turkey, swan and sturgeon $200 30 Chinook salmon, wild steelhead and bull trout $100 31 Any other game bird, game fish or furbearer $ 25 32 (c) Felony Penalty. Any person entering a plea of guilty for, found 33 guilty of or convicted of a felony under the provisions of this title shall be 34 punished in accordance with section 18-112, Idaho Code. Provided further, that 35 the judge hearing the case shall forthwith revoke for life, the hunting, fish- 36 ing or trapping license and privileges of any person who, within a five (5) 37 year period, pleads guilty to, is found guilty of or is convicted of three (3) 38 or more felony violations of the provisions of this title. 39 (d) License Revocation. Any person entering a plea of guilty or being 40 found guilty or convicted of violating any of the provisions of this title, or 41 who otherwise fails to comply with the requirements of a citation in connec- 42 tion with any such offense, may, in addition to any other penalty assessed by 43 the court, have his hunting, fishing, or trapping privileges revoked for such 2 1 period of time as may be determined by the court not to exceed three (3) 2 years, except that violations classified as felonies under section 36-1401, 3 Idaho Code, or as flagrant violations as defined in subsection (e) of this 4 section, shall authorize the court to impose license revocations for periods 5 of time up to and including life, with said period beginning on the date of 6 conviction, finding of guilt or the entry of the plea of guilty. Provided 7 further, that the magistrate hearing the case shall forthwith revoke the hunt- 8 ing, fishing, or trapping privileges for a period of not less than one (1) 9 year for any of the following offenses: 10 1. Taking or possessing upland game birds, migratory waterfowl, salmon, 11 steelhead, sturgeon, or any big game animal during closed season. 12 2. Exceeding the daily bag or possession limit of upland game birds, 13 migratory waterfowl or big game animals. 14 3. Taking any fish by unlawful methods as set forth in section 36-902(a) 15 or (c), Idaho Code. 16 4. Unlawfully purchasing, possessing or using any license, tag or permit 17 as set forth in section 36-405(c), Idaho Code. 18 5. Trespassing in violation of warning signs as set forth in section 19 36-1603, Idaho Code. 2086 . The unlawful release of any species of live 21 fish into any public body of water in the state. For purposes of this 22 paragraph, an "unlawful release of any species of live fish" shall mean a 23 release of any species of live fish, or live eggs thereof, in the state 24 without the permission of the director of the department of fish and game; 25 provided, that no permission is required when fish are being freed from a 26 hook and released at the same time and place where caught or when crayfish 27 are beingreleasereleased from a trap at the 28 same time and place where caught. 29 Provided further, that the magistrate hearing the case of a first time 30 hunting violation offender under the age of twenty-one (21) may require that 31 the offender attend a remedial hunter education course at the offender's 32 expense. Upon successful completion of the course, the remainder of the revo- 33 cation period shall be subject to a withheld judgment so long as the offender 34 is not convicted of any additional hunting violations during the period. The 35 cost of the course shall be seventy-five dollars ($75.00) to be 36 paid to the department. The commission shall establish by rule the curriculum 37 of the hunter education remedial course. 38 The revocation shall consist of cancellation of an existing license for 39 the required length of time and/or denial of the privilege of purchasing an 40 applicable license for the length of time required to meet the revocation 41 period decreed. In the case of persons pleading guilty, convicted or found 42 guilty of committing multiple offenses, the revocation periods may run consec- 43 utively. In the case of pleas of guilty, convictions or findings of guilt 44 involving taking big game animals during closed season or exceeding the daily 45 bag or possession limit of big game, the magistrate hearing the case shall 46 revoke the hunting, fishing or trapping privileges of any person convicted or 47 found guilty of those offenses for a period of not less than one (1) year for 48 each big game animal illegally taken or possessed by the person convicted or 49 found guilty. 50 It shall be a misdemeanor for any person to hunt, fish, or trap or pur- 51 chase a license to do so during the period of time for which such privilege is 52 revoked. 53 For the purpose of this title, the term "conviction" shall mean either a 54 withheld judgment or a final conviction. 55 (e) Flagrant Violations. In addition to any other penalties assessed by 3 1 the court, the magistrate hearing the case shall forthwith revoke the hunting, 2 fishing or trapping privileges, for a period of not less than one (1) year and 3 may revoke the privileges for a period up to and including the person's life- 4 time, for any person who enters a plea of guilty, who is found guilty, or who 5 is convicted of any of the following flagrant violations: 6 1. Taking a big game animal after sunset by spotlighting, with use of 7 artificial light, or with a night vision enhancement device. 8 2. Unlawfully taking two (2) or more big game animals within a twelve 9 (12) month period. 10 3. Taking a big game animal with a rimfire or centerfire cartridge fire- 11 arm during an archery or muzzleloader only hunt. 12 4. Hunting, fishing, trapping or purchasing a license when license privi- 13 leges have been revoked pursuant to this section or section 36-1501, Idaho 14 Code. 15 5. Taking any big game animal during a closed season when there is no 16 established take season open anywhere in the state for any species of big 17 game. 18 6. Any felony violation provided in section 36-1401, Idaho Code. 19 (f) For purposes of the wildlife violator compact, section 36-2301, Idaho 20 Code, et seq., the department shall: 21 1. Suspend a violator's license for failure to comply with the terms of a 22 citation from a party state. A copy of a report of failure to comply from 23 the licensing authority of the issuing state shall be conclusive evidence. 24 2. Revoke a violator's license for a conviction in a party state. A 25 report of conviction from the licensing authority of the issuing state 26 shall be conclusive evidence. 27 (g) Disposition of Fines and Forfeitures. Distribution of fines and for- 28 feitures remitted shall be in accordance with section 19-4705, Idaho Code. 29 SECTION 2. That Section 36-1404, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 36-1404. UNLAWFUL KILLING, POSSESSION OR WASTE OF WILD ANIMALS, BIRDS AND 32 FISH -- REIMBURSABLE DAMAGES -- SCHEDULE -- ASSESSMENT BY MAGISTRATES -- 33 INSTALLMENT PAYMENTS -- DEFAULT JUDGMENTS -- DISPOSITION OF MONEYS. (a) In 34 addition to the penalties provided for violating any of the provisions of 35 title 36, Idaho Code, any person who pleads guilty, is found guilty of or is 36 convicted of the illegal killing or the illegal possession or illegal waste of 37 game animals or birds or fish shall reimburse the state for each animal so 38 killed or possessed or wasted as follows: 39 1. Elk, one thousand five hundred dollars ($ 1, 40 500) per animal killed, possessed or wasted. 41 2. Caribou, bighorn sheep, mountain goat and moose,one42 three thousand dollars ($13 ,000) 43 per animal killed, possessed or wasted. 44 3. Any other species of big game,twofive hun- 45 dred dollars ($25 00) per animal killed, pos- 46 sessed or wasted. 47 4. Wild turkey and swan, two hundred dollars ($200) per bird killed, pos- 48 sessed or wasted. 49 5. Sturgeon, two hundred dollars ($200) per fish killed, possessed or 50 wasted. 51 6. Chinook salmon, wild steelhead and bull trout, one hundred dollars 52 ($100) per fish killed, possessed or wasted. 53 7. Any other game bird, game fish or furbearer, twenty-five dollars 4 1 ($25.00) per animal killed, possessed or wasted. 2 For each additional animal of the same category killed, possessed or 3 wasted during any twelve (12) month period, the amount to be reimbursed shall 4 double from the amount for each animal previously illegally killed, possessed 5 or wasted. For example, the reimbursable damages for three (3) elk illegally 6 killed during a twelve (12) month period would bethreeten 7 thousand five hundred dollars ($310 ,500), 8 calculated as follows: one thousand five hundred dollars ($ 9 1, 500) for the first elk;onethree thousand 10 dollars ($13 ,000) for the second elk; andtwo11six thousand dollars ($26 ,000) 12 for the third elk. Provided however, that wildlife possessing a twenty-five 13 dollar ($25.00) reimbursement value shall be figured at the same rate per each 14 animal in violation, without compounding. 15 (b) In every case of a plea of guilty, a finding of guilt or a conviction 16 of unlawfully releasing any fish species into any public body of water in the 17 state, the court before whom the plea of guilty, finding of guilt, or convic- 18 tion is obtained shall enter judgment ordering the defendant to reimburse the 19 state for the cost of the expenses, not to exceed ten thousand dollars 20 ($10,000), incurred by the state to correct the damage caused by the unlawful 21 release. For purposes of this subsection, "unlawfully releasing any fish spe- 22 cies" shall mean a release of any species of live fish, or live eggs thereof, 23 in the state without the permission of the director of the department of fish 24 and game; provided, that no permission is required when fish are being freed 25 from a hook and released at the same time and place where caught or when 26 crayfish are being released from a trap at the same time and place where 27 caught. 28 (c) In every case of a plea of guilty, a finding of guilt or a convic- 29 tion, the court before whom such plea of guilty, finding of guilt or convic- 30 tion is obtained shall enter judgment ordering the defendant to reimburse the 31 state in a sum or sums as hereinbefore set forth including postjudgment 32 interest. If two (2) or more defendants are convicted of the illegal taking, 33 killing or the illegal possession or wasting of the game animal, bird or fish, 34 such judgment shall be declared against them jointly and severally. 35 (d) The judgment shall fix the manner and time of payment, and may permit 36 the defendant to pay the judgment in installments at such times and in such 37 amounts as, in the opinion of the court, the defendant is able to pay. In no 38 event shall any defendant be allowed more than two (2) years from the date 39 judgment is entered to pay the judgment. 40 (e) A defaulted judgment or any installment payment thereof may be col- 41 lected by any means authorized for the enforcement of a judgment under the 42 provisions of the Idaho Code. 43 (f) All courts ordering such judgments of reimbursement shall order such 44 payments to be made to the department which shall deposit them with the state 45 treasurer, and the treasurer shall place them in the state fish and game 46 account. 47 (g) The court shall retain jurisdiction over the case. If at any time the 48 defendant is in arrears ninety (90) days or more, the court may revoke the 49 defendant's hunting, fishing or trapping privileges until the defendant com- 50 pletes payment of the judgment.
STATEMENT OF PURPOSE
RS07605
The purpose of this legislation is to amend Section 36-1402, Idaho Code,
to increase fines for the illegal taking, possessing, or wasting of certain
big game animals and to amend Section 36-1404, Idaho Code, to
increase the amounts to be reimbursed to the State of Idaho for the illegal
killing, possession or wasting of certain big game animals.
FISCAL IMPACT
For Section 36-1404, Idaho Code, the amount that would have been
realized with the new fees would have been for 1996 $122,500 vs.
$57,600, or an increase of $64,900. For 1997 the new amount would have
been $53,000 versus an actual $24,000 or an increase of $29,000.
Contact: Senator Gary J. Schroeder
332-1321
S 1441