1999 Legislation
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HOUSE BILL NO. 12 – Wildlife, illegally taken, damages


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Daily Data Tracking History

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
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 12

                                      BY MR. SPEAKER
                        Requested by: Department of Fish and Game

 1                                        AN ACT

 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:

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,    five   seven  hundred  fifty 
17        dollars ($ 7 50 0 ) per animal killed, possessed  or
18        wasted.
19        2.  Caribou,  bighorn  sheep,  mountain goat and moose, one thousand 
20        five hundred  dollars ($1, 0  5 00) per animal
21        killed, possessed or wasted.
22        3.  Any other species of big game,  two   four  hun-
23        dred dollars ($ 2  4 00)  per  animal  killed,  pos-
24        sessed or wasted.
25        4.  Wild  turkey and swan, two hundred  fifty  dollars ($2
26        0  5 0) per bird killed, possessed or wasted.
27        5.  Sturgeon,  chinook salmon, and wild steelhead,  two hundred
28         fifty  dollars ($2 0    5  0)  per  fish
29        killed, possessed or wasted.
30        6.    Chinook  salmon,  wild  steelhead and b  B ull
31        trout, one hundred  fifty  dollars  ($1  0    5
32        0) per fish killed, possessed or wasted.
33        7.  Any  other game bird, game fish or furbearer,  twenty-five 
34         fifty  dollars ($ 2 5 0 .00) per  animal
35        killed, possessed or wasted.
36        Provided further, that any person who pleads guilty,  if  
37    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;


 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-


 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 / Fiscal Impact

                      STATEMENT  OF  PURPOSE
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.

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.

Name:          Patric Cudmore
Agency:   Department of Fish and Game
Phone:         334-3746

Statement of Purpose/Fiscal Impact                           H 1