1998 Legislation
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HOUSE BILL NO. 668 – F&G license, residency, Natnl Guard


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Daily Data Tracking History

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,
      Wheeler, Whitworth
      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
         Effective: 07/01/98

Bill Text


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 668


 1                                        AN ACT

 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
27    rules.
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-
20    age.
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-
37    tion.
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
 4        purpose.
 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
19        license. 
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 / Fiscal Impact


                           STATEMENT OF PURPOSE
                                 RS 07433
    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.
                   FISCAL NOTE 
    No Impact to the General Fund.
                     CONTACT: Representative Jim Clark
                               (208) 332-1000
    H 668