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H0012........................................................by MR. SPEAKER
Requested by Department of Fish and Game
WILDLIFE - ILLEGALLY TAKEN - Amends existing law to increase the
reimbursable damages for illegally taken, possessed or wasted wildlife.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Res/Con
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 55-13-2
AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
Callister, Chase, Clark, Crow, Cuddy, Deal, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Hansen(29),
Henbest, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
Limbaugh, Mader, Marley, Meyer, Montgomery, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Schaefer, Sellman, Smith, Smylie,
Stevenson, Stoicheff, Stone, Tippets, Trail, Wheeler, Williams,
Zimmermann, Mr Speaker
NAYS -- Barrett, Campbell, Denney, Gould, Hornbeck, Loertscher,
McKague, Mortensen, Moyle, Sali, Taylor(Taylor), Tilman, Wood
Absent and excused -- Linford, Watson
Floor Sponsor - Hansen(29)
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to Res/Env
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Keough, King, Lee, McLaughlin, Noh, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Ipsen, Parry
Floor Sponsor - Frasure
Title apvd - to House
03/10 To enrol
03/11 Rpt enrol - Sp signed
03/12 Pres signed
03/15 To Governor
03/17 Governor signed
Session Law Chapter 66
Effective: 07/01/99
H0012|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 12 BY MR. SPEAKER Requested by: Department of Fish and Game 1 AN ACT 2 RELATING TO FISH AND GAME; AMENDING SECTION 36-1404, IDAHO CODE, TO INCREASE 3 THE REIMBURSABLE DAMAGES FOR ILLEGALLY TAKEN, POSSESSED OR WASTED WILDLIFE 4 AND TO MAKE A TECHNICAL CORRECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 36-1404, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 36-1404. UNLAWFUL KILLING, POSSESSION OR WASTE OF WILD ANIMALS, BIRDS AND 9 FISH -- REIMBURSABLE DAMAGES -- SCHEDULE -- ASSESSMENT BY MAGISTRATES -- 10 INSTALLMENT PAYMENTS -- DEFAULT JUDGMENTS -- DISPOSITION OF MONEYS. (a) In 11 addition to the penalties provided for violating any of the provisions of 12 title 36, Idaho Code, any person who pleads guilty, is found guilty of or is 13 convicted of the illegal killing or the illegal possession or illegal waste of 14 game animals or birds or fish shall reimburse the state for each animal so 15 killed or possessed or wasted as follows: 16 1. Elk,fiveseven hundred fifty 17 dollars ($ 7 500) per animal killed, possessed or 18 wasted. 19 2. Caribou, bighorn sheep, mountain goat and moose, one thousand 20 five hundred dollars ($1,05 00) per animal 21 killed, possessed or wasted. 22 3. Any other species of big game,twofour hun- 23 dred dollars ($24 00) per animal killed, pos- 24 sessed or wasted. 25 4. Wild turkey and swan, two hundred fifty dollars ($22605 0) per bird killed, possessed or wasted. 27 5. Sturgeon, chinook salmon, and wild steelhead, two hundred 28 fifty dollars ($205 0) per fish 29 killed, possessed or wasted. 30 6.Chinook salmon, wild steelhead and bB ull 31 trout, one hundred fifty dollars ($105 32 0) per fish killed, possessed or wasted. 33 7. Any other game bird, game fish or furbearer,twenty-five34 fifty dollars ($25 0 .00) per animal 35 killed, possessed or wasted. 36 Provided further, that any person who pleads guilty,if37 is found guilty of, or is convicted of a flagrant violation, in accor- 38 dance with section 36-1402(e), Idaho Code, involving the illegal killing, 39 illegal possession or illegal waste of a trophy big game animal as defined in 40 section 36-202(h), Idaho Code, shall reimburse the state for each animal so 41 killed, possessed or wasted, as follows: 42 1. Trophy mule deer: two thousand dollars ($2,000) per animal killed, 43 possessed or wasted; 2 1 2. Trophy white-tailed deer: two thousand dollars ($2,000) per animal 2 killed, possessed or wasted; 3 3. Trophy elk: five thousand dollars ($5,000) per animal killed, pos- 4 sessed or wasted; 5 4. Trophy bighorn sheep: ten thousand dollars ($10,000) per animal 6 killed, possessed or wasted; 7 5. Trophy moose: ten thousand dollars ($10,000) per animal killed, pos- 8 sessed or wasted; 9 6. Trophy mountain goat: ten thousand dollars ($10,000) per animal 10 killed, possessed or wasted; 11 7. Trophy pronghorn antelope: two thousand dollars ($2,000) per animal 12 killed, possessed or wasted; 13 8. Trophy caribou: ten thousand dollars ($10,000) per animal killed, pos- 14 sessed or wasted. 15 For each additional animal of the same category killed, possessed or 16 wasted during any twelve (12) month period, the amount to be reimbursed shall 17 double from the amount for each animal previously illegally killed, possessed 18 or wasted. For example, the reimbursable damages for three (3) elk illegally 19 killed during a twelve (12) month period would be three thousand five hundred 20 dollars ($3,500), calculated as follows: five hundred dollars ($500) for the 21 first elk; one thousand dollars ($1,000) for the second elk; and two thousand 22 dollars ($2,000) for the third elk. In the case of three (3) trophy elk ille- 23 gally killed in a twelve (12) month period, the reimbursable damages would be 24 thirty-five thousand dollars ($35,000) calculated as follows: five thousand 25 dollars ($5,000) for the first elk, ten thousand dollars ($10,000) for the 26 second elk, and twenty thousand dollars ($20,000) for the third elk. Provided 27 however, that wildlife possessing a twenty-five dollar ($25.00) reimbursement 28 value shall be figured at the same rate per each animal in violation, without 29 compounding. 30 (b) In every case of a plea of guilty, a finding of guilt or a conviction 31 of unlawfully releasing any fish species into any public body of water in the 32 state, the court before whom the plea of guilty, finding of guilt, or convic- 33 tion is obtained shall enter judgment ordering the defendant to reimburse the 34 state for the cost of the expenses, not to exceed ten thousand dollars 35 ($10,000), incurred by the state to correct the damage caused by the unlawful 36 release. For purposes of this subsection, "unlawfully releasing any fish spe- 37 cies" shall mean a release of any species of live fish, or live eggs thereof, 38 in the state without the permission of the director of the department of fish 39 and game; provided, that no permission is required when fish are being freed 40 from a hook and released at the same time and place where caught or when 41 crayfish are being released from a trap at the same time and place where 42 caught. 43 (c) In every case of a plea of guilty, a finding of guilt or a convic- 44 tion, the court before whom such plea of guilty, finding of guilt or convic- 45 tion is obtained shall enter judgment ordering the defendant to reimburse the 46 state in a sum or sums as hereinbefore set forth including postjudgment 47 interest. If two (2) or more defendants are convicted of the illegal taking, 48 killing or the illegal possession or wasting of the game animal, bird or fish, 49 such judgment shall be declared against them jointly and severally. 50 (d) The judgment shall fix the manner and time of payment, and may permit 51 the defendant to pay the judgment in installments at such times and in such 52 amounts as, in the opinion of the court, the defendant is able to pay. In no 53 event shall any defendant be allowed more than two (2) years from the date 54 judgment is entered to pay the judgment. 55 (e) A defaulted judgment or any installment payment thereof may be col- 3 1 lected by any means authorized for the enforcement of a judgment under the 2 provisions of the Idaho Code. 3 (f) All courts ordering such judgments of reimbursement shall order such 4 payments to be made to the department which shall deposit them with the state 5 treasurer, and the treasurer shall place them in the state fish and game 6 account. 7 (g) The court shall retain jurisdiction over the case. If at any time the 8 defendant is in arrears ninety (90) days or more, the court may revoke the 9 defendant's hunting, fishing or trapping privileges until the defendant com- 10 pletes payment of the judgment.
STATEMENT OF PURPOSE
RS08402
This legislation would increase the damages reimbursable to the
state for the illegal killing, possession or waste of game animals,
birds or fish. The increased damages will be a deterrent to
potential violators.
FISCAL IMPACT
There would be some increase in the reimbursable damages paid to
the Department of Fish and Game. However, the purpose of the
legislation is to deter violations, not increase revenues.
CONTACT
Name: Patric Cudmore
Agency: Department of Fish and Game
Phone: 334-3746
Statement of Purpose/Fiscal Impact H 1