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H0423aa......................................................by MR. SPEAKER
Requested by: Department of Fish and Game
FISH AND GAME LICENSE - TRESPASSING - Amends existing law to provide for
license revocation for failing to depart the real property of another after
notification and to provide that no person shall fail to depart from the
real property of another after written or oral notification to depart.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Res/Con
01/30 Rpt out - rec d/p - to 2nd rdg
02/02 2nd rdg - to 3rd rdg
02/03 Rpt out - to Gen Ord
02/11 Rpt out amen - to engros
02/12 Rpt engros - 1st rdg - to 2nd rdg as amen
02/13 2nd rdg - to 3rd rdg as amen
02/17 3rd rdg as amen - PASSED - 60-5-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Boe, Bruneel, Callister, Chase, Clark, Crane, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, 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, Ridinger,
Robison, Stevenson, Stoicheff, Trail, Watson, Wheeler, Wood,
Zimmermann
NAYS -- Sali, Schaefer, Taylor, Tilman, Tippets
Absent and excused -- Black(23), Campbell, Stone, Stubbs, Mr Speaker
Floor Sponsor - Bivens
Title apvd - to Senate
02/18 Senate intro - 1st rdg as amen - to Res/Env
03/09 Rpt out - rec d/p - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 30-0-5
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Ingram,
Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Risch, Sandy,
Schroeder, Sorensen, Stennett, Sweeney, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen, Hawkins, Ipsen, Riggs, Twiggs
Floor Sponsor - Geddes
Title apvd - to House
03/18 To enrol
03/18 Rpt enrol - Sp signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 251
Effective: 07/01/98
H0423|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 423, As Amended BY MR. SPEAKER Requested by: Department of Fish and Game 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-1402, IDAHO CODE, TO PROVIDE 3 FOR LICENSE REVOCATION FOR FAILING TO DEPART THE REAL PROPERTY OF ANOTHER 4 AFTER NOTIFICATION AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SEC- 5 TION 36-1603, IDAHO CODE, TO PROVIDE THAT NO PERSON SHALL FAIL TO DEPART 6 IMMEDIATELY FROM THE REAL PROPERTY OF ANOTHER AFTER WRITTEN OR ORAL NOTI- 7 FICATION TO DEPART. 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 than one thousand dollars ($1,000) and/or by commitment to 21 jail for not more than six (6) months. The minimum fine, per animal, fish or 22 bird, for the illegal taking, illegal possession or the illegal waste of the 23 following animals, fish or birds shall be as indicated below: 24 Animal, Fish or Bird Minimum Fine 25 Bighorn sheep, mountain goat and moose $500 26 Elk $300 27 Any other big game animal $200 28 Wild turkey, swan and sturgeon $200 29 Chinook salmon, wild steelhead and bull trout $100 30 Any other game bird, game fish or furbearer $ 25 31 (c) Felony Penalty. Any person entering a plea of guilty for, found 32 guilty of or convicted of a felony under the provisions of this title shall be 33 punished in accordance with section 18-112, Idaho Code. Provided further, that 34 the judge hearing the case shall forthwith revoke for life, the hunting, fish- 35 ing or trapping license and privileges of any person who, within a five (5) 36 year period, pleads guilty to, is found guilty of or is convicted of three (3) 37 or more felony violations of the provisions of this title. 38 (d) License Revocation. Any person entering a plea of guilty or being 39 found guilty or convicted of violating any of the provisions of this title, or 40 who otherwise fails to comply with the requirements of a citation in connec- 41 tion with any such offense, may, in addition to any other penalty assessed by 42 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 or failing to depart 19 the real property of another after notification as set forth in 20 section 36-1603, Idaho Code. 2186 . The unlawful release of any species of live 22 fish into any public body of water in the state. For purposes of this 23 paragraph, an "unlawful release of any species of live fish" shall mean a 24 release of any species of live fish, or live eggs thereof, in the state 25 without the permission of the director of the department of fish and game; 26 provided, that no permission is required when fish are being freed from a 27 hook and released at the same time and place where caught or when crayfish 28 are beingreleasereleased from a trap at the 29 same time and place where caught. 30 Provided further, that the magistrate hearing the case of a first time 31 hunting violation offender under the age of twenty-one (21) may require that 32 the offender attend a remedial hunter education course at the offender's 33 expense. Upon successful completion of the course, the remainder of the revo- 34 cation period shall be subject to a withheld judgment so long as the offender 35 is not convicted of any additional hunting violations during the period. The 36 cost of the course shall be seventy-five dollars ($75.00) to be 37 paid to the department. The commission shall establish by rule the curriculum 38 of the hunter education remedial course. 39 The revocation shall consist of cancellation of an existing license for 40 the required length of time and/or denial of the privilege of purchasing an 41 applicable license for the length of time required to meet the revocation 42 period decreed. In the case of persons pleading guilty, convicted or found 43 guilty of committing multiple offenses, the revocation periods may run consec- 44 utively. In the case of pleas of guilty, convictions or findings of guilt 45 involving taking big game animals during closed season or exceeding the daily 46 bag or possession limit of big game, the magistrate hearing the case shall 47 revoke the hunting, fishing or trapping privileges of any person convicted or 48 found guilty of those offenses for a period of not less than one (1) year for 49 each big game animal illegally taken or possessed by the person convicted or 50 found guilty. 51 It shall be a misdemeanor for any person to hunt, fish, or trap or pur- 52 chase a license to do so during the period of time for which such privilege is 53 revoked. 54 For the purpose of this title, the term "conviction" shall mean either a 55 withheld judgment or a final conviction. 3 1 (e) Flagrant Violations. In addition to any other penalties assessed by 2 the court, the magistrate hearing the case shall forthwith revoke the hunting, 3 fishing or trapping privileges, for a period of not less than one (1) year and 4 may revoke the privileges for a period up to and including the person's life- 5 time, for any person who enters a plea of guilty, who is found guilty, or who 6 is convicted of any of the following flagrant violations: 7 1. Taking a big game animal after sunset by spotlighting, with use of 8 artificial light, or with a night vision enhancement device. 9 2. Unlawfully taking two (2) or more big game animals within a twelve 10 (12) month period. 11 3. Taking a big game animal with a rimfire or centerfire cartridge fire- 12 arm during an archery or muzzleloader only hunt. 13 4. Hunting, fishing, trapping or purchasing a license when license privi- 14 leges have been revoked pursuant to this section or section 36-1501, Idaho 15 Code. 16 5. Taking any big game animal during a closed season when there is no 17 established take season open anywhere in the state for any species of big 18 game. 19 6. Any felony violation provided in section 36-1401, Idaho Code. 20 (f) For purposes of the wildlife violator compact, section 36-2301, Idaho 21 Code, et seq., the department shall: 22 1. Suspend a violator's license for failure to comply with the terms of a 23 citation from a party state. A copy of a report of failure to comply from 24 the licensing authority of the issuing state shall be conclusive evidence. 25 2. Revoke a violator's license for a conviction in a party state. A 26 report of conviction from the licensing authority of the issuing state 27 shall be conclusive evidence. 28 (g) Disposition of Fines and Forfeitures. Distribution of fines and for- 29 feitures remitted shall be in accordance with section 19-4705, Idaho Code. 30 SECTION 2. That Section 36-1603, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 36-1603. TRESPASSING ON CULTIVATED LANDS OR IN VIOLATION OF WARNING SIGNS 33 -- POSTING OF PUBLIC LANDS. (a) No person shall enter the real property of 34 another and shoot any weapon or enter such property for the purposes of hunt- 35 ing, fishing or trapping, without the permission of the owner or person in 36 charge of the property, which property is either cultivated or posted with 37 legible "No Trespassing" signs, is posted with a minimum of one hundred (100) 38 square inches of fluorescent orange paint except that when metal fence posts 39 are used, the entire post must be painted fluorescent orange, or other notices 40 of like meaning, placed in a conspicuous manner on or near all boundaries at 41 intervals of not less than one (1) sign, paint area or notice per six hundred 42 sixty (660) feet provided that where the geographical configuration of the 43 real property is such that entry can reasonably be made only at certain points 44 of access, such property is posted sufficiently for all purposes of this sub- 45 section if said signs, paint areas or notices are posted at such points of 46 access. For the purposes of this section, "cultivated" shall mean soil that is 47 being or has been prepared by loosening or breaking up for the raising of 48 crops, or used for the raising of crops, or artificially irrigated pasturage. 49 No person shall fail to depart immediately from the real property of 50 another after being notified in writing or orally by the owner of the real 51 property or the owner's authorized agent. 52 (b) No person shall post, sign, or indicate that any public lands within 53 this state, not held under an exclusive control lease, are privately owned 4 1 lands.
STATEMENT OF PURPOSE
RS07312
This legislation will prohibit as trespass the failure of a person who is hunting, fishing or trapping
on real property of another to immediately depart from the property after being notified to depart
in writing or verbally by the landowner or authorized agent. This is similar to a criminal trespass
statute (Idaho Code Section 18-7008(8)), but would apply specifically to hunting, fishing and
trapping. Conviction of a violation of this proposed legislation would result in a mandatory license
revocation of at least one year.
FISCAL IMPACT
None.
CONTACT
Name: Pat Cudmore
Agency: Department of Fish and Game
Phone: 334-2657
Statement of Purpose/Fiscal Impact
H 423