1998 Legislation
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HOUSE BILL NO. 612 – F&G fines/forfeitures, hunter educ

HOUSE BILL NO. 612

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Daily Data Tracking History



H0612.........................................by RESOURCES AND CONSERVATION
FISH AND GAME - Amends and adds to existing law to provide that 65% of the
fines and forfeitures remitted for violations of fish and game laws shall
be apportioned to the Fish and Game Fund; to provide that moneys so
apportioned shall be used for hunter and archery education programs and
improvements of shooting ranges; to provide that, of the moneys
apportioned, up to $100,000 per year may be provided to improve local
shooting ranges; to provide for distribution by the Fish and Game
Commission; and to provide that remaining fines and forfeitures shall be
used for hunter and archery education programs.

02/04    House intro - 1st rdg - to printing
02/05    Rpt prt - to Res/Con
02/20    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 42-26-2
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Bruneel, Callister, Campbell, Clark, Crane, Crow, Deal,
      Denney, Gould, Hansen, Hornbeck, Jones(9), Jones(22), Kellogg,
      Kempton, Lake, Linford, Mader, McKague, Meyer, Miller, Newcomb,
      Pomeroy, Reynolds, Robison, Sali, Stevenson, Stone, Stubbs, Taylor,
      Tilman, Tippets, Trail, Wheeler, Mr Speaker
      NAYS -- Black(23), Boe, Chase, Cuddy, Ellsworth, Field(13),
      Field(20), Geddes, Hadley, Henbest, Jaquet, Jones(20), Judd, Kendell,
      Kjellander, Kunz, Loertscher, Marley, Mortensen, Pischner, Richman,
      Ridinger, Schaefer, Stoicheff, Wood, Zimmermann
      Absent and excused -- Gagner, Watson
    Floor Sponsor - Bruneel
    Title apvd - to Senate
02/26    Senate intro - 1st rdg - to Res/Env
03/12    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 18-13-4
      AYES--Andreason, Boatright, Bunderson, Crow, Danielson, Darrington,
      Deide, Ingram, Keough, McLaughlin, Noh, Richardson, Riggs, Risch,
      Sandy, Sorensen, Sweeney, Twiggs
      NAYS--Branch, Burtenshaw, Cameron, Dunklin, Frasure, Geddes, Hawkins,
      Ipsen, King, Parry, Thorne, Wheeler, Whitworth
      Absent and excused--Hansen, Lee, Schroeder, Stennett
    Floor Sponsor - Andreason
    Title apvd - to House
03/19    To enrol - rpt enrol - Sp signed
    Pres signed - to Governor
03/31    Governor signed
         Session Law Chapter 426
         Effective: 07/01/98

Bill Text


H0612


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 612

                         BY RESOURCES AND CONSERVATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO FISH AND GAME; AMENDING SECTION 19-4705, IDAHO  CODE,  TO  PROVIDE
 3        THAT  SIXTY-FIVE  PERCENT OF FINES AND FORFEITURES REMITTED FOR VIOLATIONS
 4        OF FISH AND GAME LAWS SHALL BE APPORTIONED TO THE FISH AND GAME  FUND  AND
 5        TO  MAKE  TECHNICAL  CORRECTIONS;  AND AMENDING CHAPTER 4, TITLE 36, IDAHO
 6        CODE, BY THE ADDITION OF A NEW SECTION 36-412A,  IDAHO  CODE,  TO  PROVIDE
 7        THAT  FINES  AND FORFEITURES REMITTED FOR VIOLATIONS OF FISH AND GAME LAWS
 8        SHALL BE PROVIDED FOR HUNTER AND ARCHERY EDUCATION PROGRAMS  AND  FOR  THE
 9        IMPROVEMENT  OF  LOCAL  SHOOTING RANGES, TO PROVIDE THAT UP TO ONE HUNDRED
10        THOUSAND DOLLARS PER YEAR MAY BE PROVIDED TO LOCAL SHOOTING RANGES FOR THE
11        IMPROVEMENT OF THOSE RANGES, TO PROVIDE FOR DISTRIBUTION BY THE  FISH  AND
12        GAME  COMMISSION AND TO PROVIDE THAT REMAINING FINES AND FORFEITURES SHALL
13        BE PROVIDED FOR HUNTER AND ARCHERY EDUCATION PROGRAMS.

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

15        SECTION 1.  That Section 19-4705, Idaho Code, be, and the same  is  hereby
16    amended to read as follows:

17        19-4705.  PAYMENT  OF FINES AND FORFEITURES -- SATISFACTION OF JUDGMENT --
18    DISPOSITION -- APPORTIONMENT. (a) All fines and forfeitures collected pursuant
19    to the judgment of any court of the state shall be remitted to  the  court  in
20    which the judgment was rendered. The judgment shall then be satisfied by entry
21    in the docket of the court. The clerk of the court shall daily remit all fines
22    and  forfeitures  to  the  county  auditor  who shall at the end of each month
23    apportion the proceeds according to the provisions of this act. Other existing
24    laws regarding the disposition of fines and forfeitures are hereby repealed to
25    the extent such laws are inconsistent with the provisions of this  act  except
26    as provided in section 49-1013(3), Idaho Code.
27        (b)  Fines  and  forfeitures remitted for violations of fish and game laws
28    shall be apportioned two and one-half   per  cent      percent
29      (2 1/2%)  to  the  state  treasurer  for  deposit in the state general
30    account, ten  per cent   percent  (10%)  to  the  search
31    and  rescue  account, twenty-two and one-half  per cent   per-
32    cent  (22 1/2%) to the district court fund and sixty-five  per cent
33      percent  (65%) to the   public  school  income  
34     fish and game  fund.
35        (c)  Fines  and forfeitures remitted for violations of state motor vehicle
36    laws, for violation of state driving privilege  laws,  and  for  violation  of
37    state  laws prohibiting driving while under the influence of alcohol, drugs or
38    any other intoxicating substances, shall be apportioned  ten    per  cent
39        percent   (10%) to the state treasurer for deposit in the
40    state general account, forty-five  per cent    percent  
41    (45%)  to the state treasurer for deposit in the highway distribution account,
42    twenty-two and one-half  per cent   percent    (22 1/2%)
43    to  the  district court fund and twenty-two and one-half  per cent 


                                          2

 1     percent  (22 1/2%) to the state treasurer for deposit in the  pub-
 2    lic school income fund; provided, however, that fines and forfeitures remitted
 3    for  violation  of  state  motor  vehicle laws, for violation of state driving
 4    privilege laws, and for violation of  state  laws  prohibiting  driving  while
 5    under  the  influence  of alcohol, drugs or any other intoxicating substances,
 6    where an arrest is made or a citation is issued  by  a  city  law  enforcement
 7    official, or by a law enforcement official of a governmental agency under con-
 8    tract to provide law enforcement services for a city, shall be apportioned ten
 9      per  cent    percent  (10%) to the state treasurer for
10    deposit in the state general account and ninety  per  cent    
11    percent    (90%) to the city whose officer made the arrest or issued the
12    citation.
13        (d)  Fines and forfeitures remitted for violation of  any  state  law  not
14    involving  fish  and game laws, or motor vehicle laws, or state driving privi-
15    lege laws, or state laws prohibiting driving  while  under  the  influence  of
16    alcohol,  drugs or any other intoxicating substances, shall be apportioned ten
17     per cent   percent  (10%) to the  state  treasurer  for
18    deposit  in  the  state general account and ninety  per cent  
19    percent  (90%) to the district court fund of the  county  in  which  the
20    violation occurred.
21        (e)  Fines  and  forfeitures  remitted  for violation of county ordinances
22    shall be apportioned ten  per cent   percent   (10%)  to
23    the  state treasurer for deposit in the state general account and ninety 
24    per cent   percent  (90%) to the district court fund  of  the
25    county whose ordinance was violated.
26        (f)  Fines and forfeitures remitted for violation of city ordinances shall
27    be  apportioned  ten    per cent   percent  (10%) to the
28    state treasurer for deposit in the state general account and ninety   per
29    cent      percent  (90%) to the city whose ordinance was vio-
30    lated.
31        (g)  Fines and forfeitures remitted for violations not specified  in  this
32    act  shall be apportioned ten  per cent   percent  (10%)
33    to the state treasurer for deposit in the state  general  account  and  ninety
34     per cent   percent  (90%) to the district court fund of
35    the county in which the violation occurred except in cases where a duly desig-
36    nated  officer  of any city police department or city law enforcement official
37    shall have made the arrest for any such violation, in which case ninety  
38    per  cent     percent  (90%) shall be apportioned to the city
39    whose officer made the arrest.
40        (h)  Fines and forfeitures remitted for violations involving registrations
41    of motorcycles or motor-driven cycles used off highways, snowmobiles,  or  use
42    of  winter  recreation  parking  areas shall be apportioned ten  per cent
43      percent  (10%) to the state treasurer for  deposit  to  the
44    state  general  account  and ninety  per cent   percent 
45    (90%) to the general account of the county or city whose law enforcement offi-
46    cial issued the citation.
47        (i)  Fines and forfeitures remitted for violations of overweight  laws  as
48    provided  in  section  49-1013(3),  Idaho Code, shall be deposited one hundred
49     per cent   percent  (100%) into the  highway  distribu-
50    tion account.
51        (j)  As  used  in  this  section, the term "city law enforcement official"
52    shall include an official of any governmental agency which  is  providing  law
53    enforcement  services  to a city in accordance with the terms of a contract or
54    agreement, when such official makes the arrest or issues a citation within the
55    geographical limits of the city and when the contract  or  agreement  provides


                                          3

 1    for payment to the city of fines and forfeitures resulting from such service.

 2        SECTION  2.  That  Chapter  4,  Title  36, Idaho Code, be, and the same is
 3    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
 4    known and designated as Section 36-412A, Idaho Code, and to read as follows:

 5        36-412A.  EDUCATION  PROGRAMS  --  FINES AND FORFEITURES -- LOCAL SHOOTING
 6    RANGES. (1)  Fines and forfeitures remitted for violations of  fish  and  game
 7    laws  pursuant  to  section  19-4705, Idaho Code, shall be used for hunter and
 8    archery education and the improvement of local shooting ranges as provided  in
 9    this section.
10        (2)  An  amount  not to exceed one hundred thousand dollars ($100,000) per
11    year may be provided for local shooting ranges for the  improvement  of  those
12    ranges  and  their operations.  No single range shall receive all of the money
13    in any single year.  The commission shall determine the  amount  available  to
14    distribute  up  to  the limit provided in this section, the distributions, and
15    the recipients. The commission shall have the authority to distribute  all  or
16    none of the available fines and forfeitures in any single year.
17        (3)  Fines  and forfeitures remaining after distribution to local shooting
18    ranges shall be provided to hunter and archery education programs.

Statement of Purpose / Fiscal Impact


    





                       STATEMENT OF PURPOSE
                              RS07773
    
    This legislation provides funds for assisting local 
    entities in establishing and improvement of local 
    shooting ranges. Funds are provided by diverting 65% 
    of the Fish and Game fines and forfeitures to the 
    Fish and Game Fund. Currently these funds are 
    deposited in the Public Schools Income Fund. Any 
    funds in excess of $100,000.00 annually will be used 
    for hunter and archery education.
    
    FISCAL NOTE
    
    There will be approximately $100,000.00 less to the 
    State Public School Fund annually.
    
    CONTACT: Rep. Frank Bruneel
              208-332-1245
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    Bill No. H612