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SENATE BILL NO. 1189
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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
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE SENATE
SENATE BILL NO. 1189
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO THE DEPARTMENT OF FISH AND GAME; AMENDING SECTION 36-104, IDAHO
3 CODE, TO PROVIDE THAT THE FISH AND GAME COMMISSION SHALL ADOPT RULES PRO-
4 HIBITING THE DEPARTMENT OR A VENDOR OF THE DEPARTMENT FROM REQUESTING A
5 SOCIAL SECURITY NUMBER FROM AN APPLICANT FOR A LICENSE, PERMIT OR TAG
6 ISSUED PURSUANT TO THIS TITLE; AND DECLARING AN EMERGENCY.
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
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-
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
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
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.
CONTACT: Senator Clint Stennett
STATEMENT OF PURPOSE/ FISCAE NOTE S1189