1998 Legislation
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SENATE BILL NO. 1500, As Amended, As Amended in the House – F&G license/disable/senior residnt

SENATE BILL NO. 1500, As Amended, As Amended in the House

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Daily Data Tracking History



S1500aa,aaH................................................by STATE AFFAIRS
FISH AND GAME LICENSES - Amends existing law to provide hunting, fishing
and trapping licenses for disabled persons and to provide a fee, to provide
for expiration and duration of senior resident, blind person and disabled
person permits; to provide a decreased fee for senior resident combination
licenses and to provide that any person 70 years of age or older who holds
a senior resident combination license may be issued a bear, deer or elk tag
without charge.

02/17    Senate intro - 1st rdg - to printing
02/18    Rpt prt - to Res/Env
03/04    Rpt out - to 14th Ord
03/10    Rpt out amen - to engros
03/11    Rpt engros - 1st rdg - to 2nd rdg as amen
03/12    Rls susp - PASSED - 22-13-0
      AYES--Andreason, Boatright, Cameron, Danielson, Darrington, Deide,
      Dunklin, Geddes, Hansen, Ingram, Ipsen, McLaughlin, Noh, Parry,
      Riggs, Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs
      NAYS--Branch, Bunderson, Burtenshaw, Crow, Frasure, Hawkins, Keough,
      King, Lee, Richardson, Risch, Wheeler, Whitworth
      Absent and excused--None
    Floor Sponsor - Andreason
    Title apvd - to House
03/13    House intro - 1st rdg as amen - to Res/Con
03/18    Rpt out - to Gen Ord
03/19    Rpt out amen - to 1st rdg as amen
03/19    1st rdg - to 2nd rdg as amen
03/20    2nd rdg - to 3rd rdg as amen
03/20    Rls susp - PASSED - 63-3-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
      Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes,
      Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
      Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Lake,
      Linford, Loertscher, Mader, McKague, Meyer, Miller, Mortensen,
      Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
      Sali, Schaefer, Stevenson, Stone, Stubbs, Tilman, Tippets, Trail,
      Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Kunz, Marley, Stoicheff
      Absent and excused -- Black(15), Crow, Jones(22), Taylor
    Floor Sponsor - Denny
    Title apvd - to Senate - to 10th Ord
03/20    Senate concurred in House amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
03/20    Rls susp - PASSED - 20-13-2
      AYES--Andreason, Boatright, Bunderson, Danielson, Darrington, Deide,
      Dunklin, Geddes, Hansen, Ingram, Ipsen, Noh, Parry, Riggs, Sandy,
      Schroeder, Stennett, Sweeney, Thorne, Wheeler
      NAYS--Branch, Burtenshaw, Cameron, Crow, Frasure, Hawkins, Keough,
      King, Lee, Richardson, Risch, Sorensen, Whitworth
      Absent and excused--McLaughlin, Twiggs
    Title apvd - to enrol
03/20    Rpt enrol - Pres signed
03/23    Sp signed - to Governor
03/25    Governor signed
         Session Law Chapter 357
         Effective: 07/01/98

Bill Text


S1500


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                                      IN THE SENATE

                SENATE BILL NO. 1500, As Amended, As Amended in the House

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO FISH AND GAME; AMENDING SECTION 36-401, IDAHO CODE, TO DELETE REF-
 3        ERENCES TO SENIOR RESIDENTS, BLIND PERSONS AND  DISABLED  PERSONS  AND  TO
 4        MAKE  A TECHNICAL CORRECTION; AMENDING SECTION 36-403, IDAHO CODE, TO PRO-
 5        VIDE FOR EXPIRATION AND DURATION  OF  CERTAIN  PERMITS;  AMENDING  SECTION
 6        36-406,  IDAHO  CODE,  TO DECREASE THE FEE FOR SENIOR RESIDENT COMBINATION
 7        LICENSES, TO PROVIDE FOR A LICENSE TO BE ISSUED TO QUALIFIED DISABLED PER-
 8        SONS AND TO PROVIDE A FEE; AND AMENDING SECTION  36-409,  IDAHO  CODE,  TO
 9        PROVIDE  THAT  ANY PERSON SEVENTY YEARS OF AGE OR OLDER WHO HOLDS A SENIOR
10        RESIDENT COMBINATION LICENSE MAY BE ISSUED A BEAR, DEER OR ELK TAG WITHOUT
11        CHARGE.

12    Be It Enacted by the Legislature of the State of Idaho:

13        SECTION 1.  That Section 36-401, Idaho Code, be, and the  same  is  hereby
14    amended to read as follows:

15        36-401.  HUNTING,  TRAPPING, FISHING -- LICENSE REQUIREMENT -- EXCEPTIONS.
16    No person shall hunt, trap, or fish for or take any wild animal, bird or  fish
17    of  this  state,  without  first having procured a license as hereinafter pro-
18    vided. Provided that no license shall be required:
19        (a)  1.  For children under the age of fourteen (14) years who  are  resi-
20        dents of this state to fish during the open season therefor.
21        2.  For  nonresident children under the age of fourteen (14) years to fish
22        during the open season therefor  provided  they  are  accompanied  by  the
23        holder  of  a  valid  fishing  license, and provided further that any fish
24        caught by such nonresident children shall be included in the bag and  pos-
25        session limit of such license holder.
26        3.  For resident children under the age of twelve (12) years to hunt, take
27        or  kill predatory, unprotected birds and animals by means other than with
28        firearms.
29        4.  For resident children under the age of fourteen  (14)  years  to  trap
30        muskrats from irrigation ditches or property on which they live during the
31        open season.
32        5.  For children under the age of eighteen (18)  years  who are
33        residents  of a licensed foster home, a foster group home, or a child wel-
34        fare institution to fish during the open season  therefor,  provided  they
35        are accompanied and supervised by the director, officer, or other employee
36        of the facility where the child resides.
37        (b)  For  any  person to fish on a "free fishing day" as may be designated
38    by the commission.
39        (c)   Senior Residents. For "senior residents" age seventy (70) years
40    or older who are holders of a "senior resident permit" to hunt and fish during
41    the open season.
42        (d)  Blind Persons. For resident  blind  persons  who  are  holders  of  a
43    "permit for the blind" to fish during the open season. 


                                          2

 1          (e)   Institutional Inmates. For any inmate of the state hos-
 2    pital north, state hospital south, Idaho state school and hospital, and  state
 3    veterans  homes to fish during open seasons, provided said inmate has a permit
 4    therefor from the director. The director is authorized to issue  such  permits
 5    upon  the  request of the head of the respective institution having custody of
 6    said inmate upon a showing that the institution  recommends  the  issuance  of
 7    such  permit  and  will  assume  full responsibility for and control over said
 8    inmate while using said permit.
 9        ( f  d )  Resident Military Personnel. For  resident
10    persons  engaged in the military service of the United States, while on tempo-
11    rary furlough or leave, upon receipt of a temporary permit from the  director,
12    to hunt and fish during the open season.
13          (g)  Disabled  Persons.  For any resident person who is permanently
14    and totally disabled as certified by a physician licensed to practice  in  the
15    United  States  or  Canada, to hunt and fish during the open season, providing
16    such person has obtained a permit from the director. 
17        ( h  e )  State  Juvenile  Corrections  Center  Stu-
18    dents. For students of the state juvenile corrections center, under the super-
19    vision of an officer of the center, to fish during the open season.
20        (  i   f )  Boy Scouts. For boy scouts who are offi-
21    cial participants  in attendance at national or international  encampments  at
22    Farragut  State  Park to take fish during the encampment period from Lake Pend
23    Oreille in such areas and such numbers as may be designated by the commission.
24        ( j  g )  Participants in Fish  and  Game  Sponsored
25    Functions. For persons who are official participants in attendance at official
26    department sponsored functions including clinics, courses or other educational
27    events,  while  under  the supervision of a department approved instructor for
28    the function, to fish during any open season, provided that the instructor has
29    been issued an educational fishing permit by the director.
30        ( k  h )  Nothing contained  herein  shall  be  con-
31    strued  to  prohibit  citizens  of  the United States who are residents of the
32    state of Idaho from carrying arms for the protection of life and property.

33        SECTION 2.  That Section 36-403, Idaho Code, be, and the  same  is  hereby
34    amended to read as follows:

35        36-403.  EXPIRATION  DATES  --  LICENSES,  TAGS  AND  PERMITS.  (a) Annual
36    Licenses -- Tags and Permits. All annual hunting and  fishing  licenses  shall
37    expire  December  31  of  the year for which they are valid. Trapping licenses
38    shall expire on June 30 next following date of issuance. All tags and  permits
39    issued  pursuant  to the provisions of this chapter shall be valid only during
40    the time that the corresponding basic license is valid.
41        (b)  Senior Resident, Blind Person and Disabled Person Permits.   All
42    free  s    S enior resident, blind person and disabled person
43    permits  issued prior to July 1, 1998,  shall expire  and must
44    be renewed five (5) years from date of issuance. Said permit shall become null
45    and void if the holder fails to maintain continuous bona fide Idaho residency.
46    All free senior resident permits issued informally prior to January  1,  1972,
47    shall be valid until the expiration date shown on said permits   on
48    December  31, 1998. Thereafter, all senior resident, blind person and disabled
49    person permits shall be an annual license .

50        SECTION 3.  That Section 36-406, Idaho Code, be, and the  same  is  hereby
51    amended to read as follows:


                                          3

 1        36-406.  RESIDENT  FISHING,  HUNTING  AND  TRAPPING  LICENSES -- FEES. (a)
 2    Adult Licenses -- Combination -- Fishing -- Hunting -- Trapping. A license  of
 3    the  first  class may be had by a person possessing the qualifications therein
 4    described on payment of twenty dollars ($20.00) for  a  combined  fishing  and
 5    hunting  license  entitling  the  purchaser to hunt and fish for game animals,
 6    game birds, unprotected and predatory animals and fish of the  state,  fifteen
 7    dollars  ($15.00) for a fishing license entitling the purchaser to fish in the
 8    public waters of the state, six dollars ($6.00) for a  hunting  license  enti-
 9    tling  the  purchaser to hunt game animals, game birds, unprotected and preda-
10    tory animals of the state, and twenty-five dollars  ($25.00)  for  a  trapping
11    license  entitling the purchaser to trap furbearers, unprotected and predatory
12    animals of the state.
13        (b)  Youth Licenses -- Hunting -- Trapping. A license of the second  class
14    may be had by a person possessing the qualifications therein described on pay-
15    ment  of  four dollars ($4.00) for a hunting license, and five dollars ($5.00)
16    for a trapping license entitling the purchaser to the same privileges  as  the
17    corresponding license of the first class provides.
18        (c)  Youth  Combination  -- Fishing Licenses. A license of the third class
19    may be purchased by a person possessing the qualifications  therein  described
20    on  payment    of  ten  dollars  ($10.00)  for  a combined fishing and hunting
21    license, and seven dollars ($7.00) for a fishing license  entitling  the  pur-
22    chaser  to the same privileges as the corresponding license of the first class
23    provides.
24        (d)  Senior Resident Combination. A license of the fourth class may be had
25    by a person possessing the qualifications  therein  described  on  payment  of
26      four      three    dollars  ($  4    3
27    .00)  for a combined fishing and hunting license entitling the purchaser
28    to the same privileges as the corresponding license of the  first  class  pro-
29    vides.
30        (e)  Lifetime  Licenses -- Combination -- Hunting -- Fishing. A license of
31    the fifth class may be obtained at no additional charge by a person possessing
32    the qualifications therein  described  for  a  combined  hunting  and  fishing
33    license, for a hunting license, or for a fishing license, entitling the person
34    to  the  same  privileges as the corresponding license of the first class pro-
35    vides. Lifetime licensees must be certified under the  provisions  of  section
36    36-411, Idaho Code, before being issued a license to hunt.
37        (f)  A  license  of the eighth class may be had by a person possessing the
38    qualifications therein described on payment  of  sixty-nine  dollars  ($69.00)
39    entitling  the  purchaser to hunt and fish for game animals, game birds, fish,
40    and unprotected and predatory animals  of  the  state.  With  payment  of  the
41    required fee, a person shall receive with this license a deer tag, an elk tag,
42    a  bear  tag,  a  turkey  tag,  a mountain lion tag, an archery hunt permit, a
43    muzzleloader permit, an upland game permit, a  migratory  waterfowl  stamp,  a
44    steelhead  trout  permit  and  an anadromous salmon permit. The director shall
45    promptly transmit to the state treasurer all moneys received pursuant to  this
46    subsection for deposit as follows:
47        (i)   Three  dollars  ($3.00) in the set-aside account for the purposes of
48        section 36-111(1)(a), Idaho Code;
49        (ii)  Two dollars ($2.00) in the set-aside account  for  the  purposes  of
50        section 36-111(1)(b), Idaho Code;
51        (iii) One  dollar and fifty cents ($1.50) in the set-aside account for the
52        purposes of section 36-111(1)(c), Idaho Code;
53        (iv)  Five dollars ($5.00) in the set-aside account for  the  purposes  of
54        section 36-111(1)(e), Idaho Code;
55        (v)   Two  dollars  ($2.00)  in  the set-aside account for the purposes of


                                          4

 1        section 36-111(1)(f), Idaho Code; and
 2        (vi)  The balance in the fish and game account.
 3        All persons purchasing a license pursuant to this subsection shall observe
 4    and shall be subject to all rules of the commission  regarding  the  fish  and
 5    wildlife of the state.
 6        If  the  purchaser  of  this  license  does not meet the archery education
 7    requirements of section 36-411(b), Idaho Code, then, notwithstanding the  pro-
 8    visions of section 36-304, Idaho Code, the archery hunt permit portion of this
 9    license is invalid. The fee for this license will not change and the issuer of
10    the  license  must indicate on the face of the license that the archery permit
11    is invalidated.
12         (g)  Disabled Persons. A license of the first class may  be  had  by
13    any  resident  disabled  person on payment of three dollars ($3.00) for a com-
14    bined fishing and hunting license entitling the purchaser to the  same  privi-
15    leges  as  the  corresponding  license of the first class provides. A disabled
16    person means a person who is certified as eligible  for  federal  supplemental
17    security income (SSI); social security disability income (SSDI); a nonservice-
18    connected veterans pension; or a service-connected veterans disability benefit
19    with forty percent (40%) or more disability. 

20        SECTION  4.  That  Section  36-409, Idaho Code, be, and the same is hereby
21    amended to read as follows:

22        36-409.  GAME TAGS -- ARCHERY PERMITS -- FEES  --  PENALTY.  (a)  Resident
23    Game  Tags.  A resident who has obtained a permit to hunt, as provided in sec-
24    tion 36-401, Idaho Code, or has purchased or obtained a license  to  hunt,  as
25    provided  in  section  36-406,  Idaho  Code, upon payment of the fees provided
26    herein shall be eligible to receive a resident game tag to  hunt  and  kill  a
27    moose, bighorn sheep, mountain goat, elk, deer, antelope, mountain lion, bear,
28    or  turkey  in accordance with the laws of this state and rules promulgated by
29    the commission; provided further, that  the holder of a  senior  resident
30    permit    any person seventy (70) years of age or older who holds a
31    senior resident combination license,  may be issued a bear, deer or  elk
32    tag  without  charge;  provided further, that resident game tags may be issued
33    only to those persons who meet residency requirements  of  subsection  (r)  of
34    section 36-202, Idaho Code.
35        (b)  Nonresident  Game  Tags.  A  nonresident  who has purchased a hunting
36    license, as provided in section 36-407(a),  Idaho  Code,  or  has  obtained  a
37    license to hunt, as provided in section 36-406(e), Idaho Code, upon payment of
38    the  fees  provided  herein, shall be eligible to receive a nonresident tag to
39    hunt and kill a moose, bighorn sheep,  mountain  goat,  elk,  deer,  antelope,
40    mountain  lion,  bear  or turkey in accordance with the laws of this state and
41    rules promulgated by the commission.
42        (c)  Schedule of Game Tag Fees.
43            Game            Resident     Nonresident
44    Moose                     $60.00         $900.00
45    Bighorn Sheep              60.00          900.00
46    Mountain Goat              60.00          900.00
47    Elk                        15.00          325.00
48    Deer                        9.00          225.00
49    Antelope                   26.50          225.00
50    Mountain Lion              25.00          225.00
51    Bear                        6.00          225.00
52    Turkey                      6.00           35.00


                                          5

 1    Deer, Elk and              29.00   not applicable
 2    Bear "Pak"
 3        (d)  Game Tags Required -- To Be Endorsed on License. The appropriate  tag
 4    must  be had for the hunting or taking of each and every one (1) of the afore-
 5    mentioned wildlife. Provided, however, that the requirements  for  a  mountain
 6    lion  tag  or  a  bear  tag,  as to different periods of time and areas of the
 7    state, shall be determined and specified by the commission. All of  said  tags
 8    are  to bear and have serial numbers to be endorsed on the purchaser's license
 9    by the vendor at the time of sale.
10        (e)  Game Tag to Be Validated and Attached to Carcass. As soon as any per-
11    son kills any wildlife for which a tag is required,  said  tag,  belonging  to
12    him,  must  be validated and attached to said wildlife in a manner provided by
13    commission regulation.
14        (f)  Archery Permits. In addition to meeting the license and tag  require-
15    ments provided in this chapter, any persons participating in any controlled or
16    general  game season which has been specifically designated as an archery hunt
17    must have in his possession an archery hunt permit which may be purchased at a
18    fee of seven dollars and fifty cents ($7.50).
19        (g)  Muzzleloader Permit. In addition  to  meeting  the  license  and  tag
20    requirements  provided  in  this chapter, any person participating in any con-
21    trolled or general game season which has been  specifically  designated  as  a
22    muzzleloader  hunt must have in his possession a muzzleloader permit which may
23    be purchased at a fee of seven dollars and fifty cents ($7.50).
24        (h)  Upland Game Bird Stamp. The commission may, under  rules  as  it  may
25    prescribe,  issue an upland game bird stamp that must be purchased by all per-
26    sons over sixteen (16) years of age prior to hunting upland game  birds,  pro-
27    vided  that  a stamp shall not be required to hunt forest grouse (blue, ruffed
28    or spruce), sharp-tailed grouse, sage grouse, or turkey. The fee  for  such  a
29    stamp  shall  be  five  dollars ($5.00) and the proceeds from the sale of such
30    stamps shall be utilized for the acquisition of state  and  federal  lands  or
31    interests  of  less than fee simple in private lands and the development, man-
32    agement, improvement, sale or exchange of upland game bird habitat  in  accor-
33    dance  with Idaho fish and game commission order number 95-07. This subsection
34    shall be null and void and of no force and effect on and after July 1, 2000.
35        (i)  Hound Hunter Permit. Any person using a dog for the purpose of  hunt-
36    ing  or  for  taking,  as  defined  in section 36-202, Idaho Code, big game or
37    furbearing animals must have in his possession a  valid  hound  hunter  permit
38    which may be purchased for a fee of ten dollars ($10.00).
39        (j)  Nonresident  Bird  of  Prey Capture Permit. The commission may, under
40    rules as it may prescribe, issue a nonresident bird of  prey  capture  permit.
41    This capture permit may be purchased by any licensed, nonresident falconer for
42    capturing  birds of prey in Idaho. The fee for the permit shall be one hundred
43    dollars ($100) and the permit shall be issued under  the  condition  that  the
44    nonresident's  home  state  allows  reciprocal raptor capturing privileges for
45    Idaho falconers. Any funds in excess of those required to issue and administer
46    nonresident capture permits shall be used to issue and administer any resident
47    falconry program established by the commission.
48        (k)  Wildlife Management Area (WMA) Pheasant Permit.  The commission  may,
49    under  rules  as  it  may prescribe, issue a wildlife management area pheasant
50    permit that must be purchased by all persons over sixteen (16)  years  of  age
51    prior  to  hunting  pheasants on state wildlife management areas designated by
52    the commission. The fee for the permit shall be ten dollars ($10.00).

Statement of Purpose / Fiscal Impact


                   AMENDED STATEMENT OF PURPOSE

                         S1500 as amended

         The purpose of this legislation is to delete the
current senior resident license and leave all persons
over 65 in one category, enabling them to purchase a
senior resident combination for $3.  The legislation
terminates all free five-year senior resident licenses
on December 31, 1998.

         Additionally, the legislation defines disabled persons and
provides for a fifth class license which may be held by resident
disabled person upon payment of $3.



                          FISCAL IMPACT

         Estimated revenue is as follows:

                                    Year 1          Year 2

License Revenue           $16,721                     $133,541
Tag Revenue               $81,000     $81,000
Total IC/Tag Rev.         $97,721             $214,541

Federal Funds:
PR                    $47,731              $100,291
DJ                        $63,267    $203,155
Subtotal - Federal       $110,998    $303,446


Total All Revenues      $208,719               $517,967
         CONTACT: Senator Andreason Reprinted at the
         request of
         332-1405           Senator Andreason
         Bill Goodnight           
          345-0158               S1500aa