1999 Legislation
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SENATE BILL NO. 1189 – F&G license, SSN# not required


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S1189..........................................by RESOURCES AND ENVIRONMENT
FISH AND GAME - LICENSE - Amends existing law to provide that the Fish and
Game Commission shall adopt rules prohibiting the Department of Fish and
Game or a vendor from requesting a Social Security Number from an applicant
for a license, permit or tag issued pursuant to the Fish and Game Code.

02/15    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to Res/Env

Bill Text


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

                                      IN THE SENATE

                                   SENATE BILL NO. 1189


 1                                        AN ACT

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

 8        SECTION 1.  That Section 36-104, Idaho Code, be, and the  same  is  hereby
 9    amended to read as follows:

10        36-104.  GENERAL  POWERS  AND  DUTIES  OF  COMMISSION. (a) Organization --
11    Meetings. The members of the commission shall annually meet at  their  offices
12    in  the  city of Boise and organize by electing from their membership a chair-
13    man, who shall hold office for a period of one (1) year, or until his  succes-
14    sor  has  been  duly elected. In addition to the regular annual meeting, to be
15    held in January, said commission shall hold other regular  quarterly  meetings
16    in April, July and October of each year at such places within the state as the
17    commission  shall select for the transaction of business. Special meetings may
18    be called at any time and place by the chairman or a majority of  the  members
19    of  the  commission. Notice of the time, place and purpose of any and all spe-
20    cial meetings shall be given by the secretary to each member of the commission
21    prior to said meeting.
22        (b)  Authorization for Commission Powers and Duties. For  the  purpose  of
23    administering  the  policy as declared in section 36-103, Idaho Code, the com-
24    mission is hereby authorized and empowered to:
25        1.  Investigate and find facts regarding the status of the  state's  wild-
26        life  populations in order to give effect to the policy of the state here-
27        inbefore announced.
28        2.  Hold hearings for the purpose of hearing testimony,  considering  evi-
29        dence  and determining the facts as to when the supply of any of the wild-
30        life in this state will be injuriously affected by the taking thereof,  or
31        for the purpose of determining when an open season may be declared for the
32        taking of wildlife. Whenever said commission determines that the supply of
33        any  particular  species of wildlife is being, or will be, during any par-
34        ticular period of time, injuriously affected by  depletion  by  permitting
35        the  same  to be taken, or if it should find a longer or different season,
36        or different bag  limit  should  be  adopted  for  the  better  protection
37        thereof, or if it finds that an open season may be declared without endan-
38        gering  the  supply  thereof,  then  it  shall make a rule or proclamation
39        embodying its findings in respect to when, under  what  circumstances,  in
40        which localities, by what means, what sex, and in what amounts and numbers
41        the wildlife of this state may be taken.
42        3.  Whenever  it  finds  it necessary for the preservation, protection, or
43        management of any wildlife of this state, by reason of any act of  God  or


 1        any  other  sudden  or  unexpected emergency, declare by temporary rule or
 2        proclamation the existence of such necessity, and the cause  thereof,  and
 3        prescribe  and designate all affected areas or streams, and close the same
 4        to hunting, angling or trapping, or impose such  restrictions  and  condi-
 5        tions  upon  hunting, angling or trapping as said commission shall find to
 6        be necessary. Every such temporary rule shall be made in  accordance  with
 7        the provisions of chapter 52, title 67, Idaho Code.
 8        4.  At any time it shall deem necessary for the proper management of wild-
 9        life on any game preserve in the state of Idaho, declare an open season in
10        any game preserve as it deems appropriate.
11        5.   (A)  Upon  notice  to  the  public,  hold  a public drawing giving to
12             license holders, under the wildlife laws of this state, the privilege
13             of drawing by lot for a controlled hunt permit authorizing the person
14             to whom issued to hunt, kill, or attempt to kill any species of  wild
15             animals  or birds designated by the commission under such rules as it
16             shall prescribe.
17             (B)  The commission may, under rules or proclamations as it may  pre-
18             scribe,  authorize  the  director to issue additional controlled hunt
19             permits and collect fees therefor authorizing owners, lessees in con-
20             trol of land valuable for habitat or propagation  purposes  of  deer,
21             elk  or  antelope,  or  members  of their immediate families, to hunt
22             deer, elk or antelope in controlled hunt units containing the  eligi-
23             ble land owned or controlled by those individuals in areas where per-
24             mits for deer, elk or antelope are limited.
25             (C)  A  nonrefundable  fee  of  five dollars ($5.00) shall be charged
26             each applicant for a controlled hunt permit; provided however,  there
27             shall  be  no  fees  charged for controlled hunt permits subsequently
28             issued to successful applicants. Additionally, a fee may  be  charged
29             for  telephone  and  credit card orders in accordance with subsection
30             (e)11. of section 36-106, Idaho Code. The department shall include  a
31             checkoff  form to allow applicants to designate one dollar ($1.00) of
32             such five dollar ($5.00) fee for transmittal to the  reward  fund  of
33             citizens against poaching, inc., an Idaho nonprofit corporation. From
34             the  net  proceeds  generated  by the nonrefundable fee, the director
35             shall transfer from the fish and game account to the big game second-
36             ary depredation account each fiscal year an amount  that  equals  two
37             hundred  fifty  thousand dollars ($250,000) less the amount of earned
38             interest transferred in  accordance  with  section  36-115(b),  Idaho
39             Code,  or two hundred thousand dollars ($200,000), whichever is less,
40             until the total of all transfers from the fish and  game  account  to
41             the  big  game  secondary  depredation account equals one million two
42             hundred fifty thousand dollars ($1,250,000) as certified by the state
43             controller. When the department's total transfers  to  the  big  game
44             secondary depredation account equal or exceed one million two hundred
45             fifty thousand dollars ($1,250,000), the net proceeds from the nonre-
46             fundable fee shall be deposited in the fish and game account and none
47             of the net proceeds shall be used to purchase lands.
48        6.  Adopt rules pertaining to the importation, exportation, release, sale,
49        possession  or  transportation  into, within or from the state of Idaho of
50        any species of live, native or exotic wildlife or any eggs thereof.
51        7.  Acquire for and on behalf of the state of Idaho, by purchase,  condem-
52        nation,  lease, agreement, gift, or other device, lands or waters suitable
53        for the purposes hereinafter enumerated in this  paragraph.  Whenever  the
54        commission  proposes to purchase a tract of land in excess of fifteen (15)
55        acres, the commission shall notify the board of  county  commissioners  of


 1        the county where this land is located of the intended action. The board of
 2        county  commissioners shall have ten (10) days after official notification
 3        to notify the commission whether or not they desire the commission to hold
 4        a public hearing on the intended purchase in the  county.  The  commission
 5        shall  give serious consideration to all public input received at the pub-
 6        lic hearing before making a final decision  on the  proposed  acquisition.
 7        Following  any  land purchase, the fish and game commission shall provide,
 8        upon request by the board of  county  commissioners,  within  one  hundred
 9        twenty  (120)  days,  a  management plan for the area purchased that would
10        address noxious weed control, fencing, water management and  other  impor-
11        tant  issues raised during the public hearing. When considering purchasing
12        lands pursuant to this paragraph, the commission shall first make  a  good
13        faith  attempt  to  obtain a conservation easement, as provided in chapter
14        21, title 55, Idaho Code, before it may  begin  proceedings  to  purchase,
15        condemn  or otherwise acquire such lands. If the attempt to acquire a con-
16        servation easement is unsuccessful  and  the  commission  then  purchases,
17        condemns  or  otherwise acquires the lands, the commission shall record in
18        writing the reasons why the attempt at acquiring the conservation easement
19        was unsuccessful and then file the same in its records and in a report  to
20        the  joint finance-appropriations committee. The commission shall develop,
21        operate, and maintain the lands, waters or conservation easements for said
22        purposes, which are hereby declared a public use:
23             (A)  For fish hatcheries, nursery ponds, or game animal or game  bird
24             farms;
25             (B)  For game, bird, fish or fur-bearing animal restoration, propaga-
26             tion or protection;
27             (C)  For  public hunting, fishing or trapping areas to provide places
28             where the public may fish, hunt, or trap in accordance with the  pro-
29             visions of law, or the regulation of the commission;
30             (D)  To  extend and consolidate by exchange, lands or waters suitable
31             for the above purposes.
32        8.  Enter into cooperative agreements with educational  institutions,  and
33        state,  federal,  or  other  agencies  to promote wildlife research and to
34        train students for wildlife management.
35        9.  Enter into cooperative agreements with  state  and  federal  agencies,
36        municipalities,  corporations,  organized  groups  of landowners, associa-
37        tions, and individuals for the development of wildlife rearing,  propagat-
38        ing, management, protection and demonstration projects.
39        10. In  the  event owners or lawful possessors of land have restricted the
40        operation of motor-propelled vehicles upon  their  land,  the  commission,
41        upon consultation with all other potentially affected landowners, and hav-
42        ing  held  a  public hearing, if requested by not less than ten (10) resi-
43        dents of any county in which the land is located, may enter into  coopera-
44        tive  agreements with those owners or possessors to enforce those restric-
45        tions when the restrictions protect wildlife  or  wildlife  habitat.  Pro-
46        vided,  however,  the  commission shall not enter into such agreements for
47        lands which either lie outside or are not adjacent to  any  adjoining  the
48        proclaimed boundaries of the national forests in Idaho.
49             (A)  The  landowners,  with  the  assistance of the department, shall
50             cause notice  of  the  restrictions,  including  the  effective  date
51             thereof,  to  be posted on the main traveled roads entering the areas
52             to which the restrictions apply. Provided, however, that  nothing  in
53             this  subsection  shall  allow the unlawful posting of signs or other
54             information on or adjacent to public highways as defined  in  subsec-
55             tion (5) of section 40-109, Idaho Code.


 1             (B)  Nothing  in  this  section  authorizes  the establishment of any
 2             restrictions that impede normal forest  or  range  management  opera-
 3             tions.
 4             (C)  No  person  shall violate such restrictions on the use of motor-
 5             propelled vehicles or tear down or lay  down  any  fencing  or  gates
 6             enclosing  such  a  restricted  area  or  remove, mutilate, damage or
 7             destroy any notices, signs or markers giving notice of  such restric-
 8             tions. The commission may promulgate rules to administer the restric-
 9             tions and cooperative agreements addressed in this subsection.
10        11. Capture, propagate, transport, buy, sell or exchange  any  species  of
11        wildlife  needed for propagation or stocking purposes, or to exercise con-
12        trol of undesirable species.
13        12. Adopt rules pertaining to the application for, issuance of and  admin-
14        istration of a lifetime license certificate system.
15        13. Adopt  rules governing the application and issuance of permits for and
16        administration of fishing contests on waters under the jurisdiction of the
17        state.
18        14. Adopt rules governing the application for and issuance of licenses  by
19        telephone and other electronic methods.
20          15. Adopt  rules  prohibiting  the  department or any vendor of the
21        department from requesting a social security number from an applicant  for
22        a  license,  permit  or  tag  issued pursuant to this title as part of the
23        process for issuing the license, permit or tag. 
24        (c)  Limitation on Powers. Nothing in this title  shall  be  construed  to
25    authorize  the commission to change any penalty prescribed by law for a viola-
26    tion of its provisions, or to change the amount of license fees or the author-
27    ity conferred by licenses prescribed by law.
28        (d)  Organization of Work. The commission shall organize  the  department,
29    in accordance with the provisions of title 67, Idaho Code, into administrative
30    units  as  may  be  necessary  to  efficiently administer said department. All
31    employees of  the  department  except  the  director  shall  be  selected  and
32    appointed  by  the  director in conformance with the provisions of chapter 53,
33    title 67, Idaho Code.

34        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
35    declared to exist, this act shall be in full force and effect on and after its
36    passage and approval.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE


This measure would require the Department of Fish and Game
to discontinue the use of social Security number as
identification for issuance of a hunting or fishing license.

                           FISCAL NOTE


CONTACT:  Senator Clint Stennett

                                       STATEMENT OF PURPOSE/ FISCAE NOTE   S1189