2000 Legislation
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HOUSE BILL NO. 610 – F&G Comm, administrative asst


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H0610.........................................by RESOURCES AND CONSERVATION
FISH AND GAME COMMISSION - Amends existing law to provide that the Fish and
Game Commission may hire and fix compensation for an administrative
assistant whose duties shall include ensuring that the commission's
directives and policies are being carried out and implemented by the
director and the department; to provide that the administrative assistant
shall report to the commission on the progress of its directives and
policies being implemented; and to provide that the administrative
assistant shall serve at the pleasure of the commission and shall not be an
employee of the department.
02/18    House intro - 1st rdg - to printing
02/21    Rpt prt - to Res/Con

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 610
  1                                        AN ACT
  8    Be It Enacted by the Legislature of the State of Idaho:
  9        SECTION  1.  That  Section  36-104, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
 11        36-104.  GENERAL POWERS AND DUTIES  OF  COMMISSION.  (a)  Organization  --
 12    Meetings.  The  members of the commission shall annually meet at their offices
 13    in the city of Boise and organize by electing from their membership  a  chair-
 14    man,  who shall hold office for a period of one (1) year, or until his succes-
 15    sor has been duly elected. In addition to the regular annual  meeting,  to  be
 16    held  in  January, said commission shall hold other regular quarterly meetings
 17    in April, July and October of each year at such places within the state as the
 18    commission shall select for the transaction of business. Special meetings  may
 19    be  called  at any time and place by the chairman or a majority of the members
 20    of the commission. Notice of the time, place and purpose of any and  all  spe-
 21    cial meetings shall be given by the secretary to each member of the commission
 22    prior to said meeting.
 23        (b)  Authorization  for  Commission  Powers and Duties. For the purpose of
 24    administering the policy as declared in section 36-103, Idaho Code,  the  com-
 25    mission is hereby authorized and empowered to:
 26        1.  Investigate  and  find facts regarding the status of the state's wild-
 27        life populations in order to give effect to the policy of the state  here-
 28        inbefore announced.
 29        2.  Hold  hearings  for the purpose of hearing testimony, considering evi-
 30        dence and determining the facts as to when the supply of any of the  wild-
 31        life  in this state will be injuriously affected by the taking thereof, or
 32        for the purpose of determining when an open season may be declared for the
 33        taking of wildlife. Whenever said commission determines that the supply of
 34        any particular species of wildlife is being, or will be, during  any  par-
 35        ticular  period  of  time, injuriously affected by depletion by permitting
 36        the same to be taken, or if it should find a longer or  different  season,
 37        or  different  bag  limit  should  be  adopted  for  the better protection
 38        thereof, or if it finds that an open season may be declared without endan-
 39        gering the supply thereof, then it  shall  make  a  rule  or  proclamation
 40        embodying  its  findings  in respect to when, under what circumstances, in
 41        which localities, by what means, what sex, and in what amounts and numbers
 42        the wildlife of this state may be taken.
 43        3.  Whenever it finds it necessary for the  preservation,  protection,  or
  1        management  of  any wildlife of this state, by reason of any act of God or
  2        any other sudden or unexpected emergency, declare  by  temporary  rule  or
  3        proclamation  the  existence of such necessity, and the cause thereof, and
  4        prescribe and designate all affected areas or streams, and close the  same
  5        to  hunting,  angling  or trapping, or impose such restrictions and condi-
  6        tions upon hunting, angling or trapping as said commission shall  find  to
  7        be  necessary.  Every such temporary rule shall be made in accordance with
  8        the provisions of chapter 52, title 67, Idaho Code.
  9        4.  At any time it shall deem necessary for the proper management of wild-
 10        life on any game preserve in the state of Idaho, declare an open season in
 11        any game preserve as it deems appropriate.
 12        5.   (A)  Upon notice to the public,  hold  a  public  drawing  giving  to
 13             license holders, under the wildlife laws of this state, the privilege
 14             of drawing by lot for a controlled hunt permit authorizing the person
 15             to  whom issued to hunt, kill, or attempt to kill any species of wild
 16             animals or birds designated by the commission under such rules as  it
 17             shall prescribe.
 18             (B)  The  commission may, under rules or proclamations as it may pre-
 19             scribe, authorize the director to issue  additional  controlled  hunt
 20             permits  and collect fees therefor authorizing landowners of property
 21             valuable for habitat or propagation purposes of deer,  elk  or  ante-
 22             lope,  or  the  landowner's  designated agent(s) to hunt deer, elk or
 23             antelope in controlled hunts containing the eligible  property  owned
 24             by those landowners in units where any permits for deer, elk or ante-
 25             lope are limited.
 26             (C)  A  nonrefundable  fee  of  five dollars ($5.00) shall be charged
 27             each applicant for a controlled hunt permit; provided however,  there
 28             shall  be  no  fees  charged for controlled hunt permits subsequently
 29             issued to successful applicants. Additionally, a fee may  be  charged
 30             for  telephone  and  credit card orders in accordance with subsection
 31             (e)11. of section 36-106, Idaho Code. The department shall include  a
 32             checkoff  form to allow applicants to designate one dollar ($1.00) of
 33             such five dollar ($5.00) fee for transmittal to the  reward  fund  of
 34             citizens against poaching, inc., an Idaho nonprofit corporation. From
 35             the  net  proceeds  generated  by the nonrefundable fee, the director
 36             shall transfer from the fish and game account to the big game second-
 37             ary depredation account each fiscal year an amount  that  equals  two
 38             hundred  fifty  thousand dollars ($250,000) less the amount of earned
 39             interest transferred in  accordance  with  section  36-115(b),  Idaho
 40             Code,  or two hundred thousand dollars ($200,000), whichever is less,
 41             until the total of all transfers from the fish and  game  account  to
 42             the  big  game  secondary  depredation account equals one million two
 43             hundred fifty thousand dollars ($1,250,000) as certified by the state
 44             controller. When the department's total transfers  to  the  big  game
 45             secondary depredation account equal or exceed one million two hundred
 46             fifty thousand dollars ($1,250,000), the net proceeds from the nonre-
 47             fundable fee shall be deposited in the fish and game account and none
 48             of the net proceeds shall be used to purchase lands.
 49        6.  Adopt rules pertaining to the importation, exportation, release, sale,
 50        possession  or  transportation  into, within or from the state of Idaho of
 51        any species of live, native or exotic wildlife or any eggs thereof.
 52        7.  Acquire for and on behalf of the state of Idaho, by purchase,  condem-
 53        nation,  lease, agreement, gift, or other device, lands or waters suitable
 54        for the purposes hereinafter enumerated in this  paragraph.  Whenever  the
 55        commission  proposes to purchase a tract of land in excess of fifteen (15)
  1        acres, the commission shall notify the board of  county  commissioners  of
  2        the county where this land is located of the intended action. The board of
  3        county  commissioners shall have ten (10) days after official notification
  4        to notify the commission whether or not they desire the commission to hold
  5        a public hearing on the intended purchase in the  county.  The  commission
  6        shall give serious consideration  to all public input received at the pub-
  7        lic  hearing  before  making a final decision on the proposed acquisition.
  8        Following any land purchase, the fish and game commission  shall  provide,
  9        upon  request  by  the  board  of county commissioners, within one hundred
 10        twenty (120) days, a management plan for the  area  purchased  that  would
 11        address  noxious  weed control, fencing, water management and other impor-
 12        tant issues raised during the public hearing. When considering  purchasing
 13        lands  pursuant  to this paragraph, the commission shall first make a good
 14        faith attempt to obtain a conservation easement, as  provided  in  chapter
 15        21,  title  55,  Idaho  Code, before it may begin proceedings to purchase,
 16        condemn or otherwise acquire such lands. If the attempt to acquire a  con-
 17        servation  easement  is  unsuccessful  and  the commission then purchases,
 18        condemns or otherwise acquires the lands, the commission shall  record  in
 19        writing the reasons why the attempt at acquiring the conservation easement
 20        was  unsuccessful and then file the same in its records and in a report to
 21        the joint finance-appropriations committee. The commission shall  develop,
 22        operate, and maintain the lands, waters or conservation easements for said
 23        purposes, which are hereby declared a public use:
 24             (A)  For  fish hatcheries, nursery ponds, or game animal or game bird
 25             farms;
 26             (B)  For game, bird, fish or fur-bearing animal restoration, propaga-
 27             tion or protection;
 28             (C)  For public hunting, fishing or trapping areas to provide  places
 29             where  the public may fish, hunt, or trap in accordance with the pro-
 30             visions of law, or the regulation of the commission;
 31             (D)  To extend and consolidate by exchange, lands or waters  suitable
 32             for the above purposes.
 33        8.  Enter  into  cooperative agreements with educational institutions, and
 34        state, federal, or other agencies to  promote  wildlife  research  and  to
 35        train students for wildlife management.
 36        9.  Enter  into  cooperative  agreements  with state and federal agencies,
 37        municipalities, corporations, organized  groups  of  landowners,  associa-
 38        tions,  and individuals for the development of wildlife rearing, propagat-
 39        ing, management, protection and demonstration projects.
 40        10. In the event owners or lawful possessors of land have  restricted  the
 41        operation  of  motor-propelled  vehicles  upon their land, the commission,
 42        upon consultation with all other potentially affected landowners, and hav-
 43        ing held a public hearing, if requested by not less than  ten  (10)  resi-
 44        dents  of any county in which the land is located, may enter into coopera-
 45        tive agreements with those owners or possessors to enforce those  restric-
 46        tions  when  the  restrictions  protect wildlife or wildlife habitat. Pro-
 47        vided, however, the commission shall not enter into  such  agreements  for
 48        lands  which  either  lie outside or are not adjacent to any adjoining the
 49        proclaimed boundaries of the national forests in Idaho.
 50             (A)  The landowners, with the assistance  of  the  department,  shall
 51             cause  notice  of  the  restrictions,  including  the  effective date
 52             thereof, to be posted on the main traveled roads entering  the  areas
 53             to  which  the restrictions apply. Provided, however, that nothing in
 54             this subsection shall allow the unlawful posting of  signs  or  other
 55             information  on  or adjacent to public highways as defined in subsec-
  1             tion (5) of section 40-109, Idaho Code.
  2             (B)  Nothing in this section  authorizes  the  establishment  of  any
  3             restrictions  that  impede  normal  forest or range management opera-
  4             tions.
  5             (C)  No person shall violate such restrictions on the use  of  motor-
  6             propelled  vehicles  or  tear  down  or lay down any fencing or gates
  7             enclosing such a restricted area   or  remove,  mutilate,  damage  or
  8             destroy  any notices, signs or markers giving notice of such restric-
  9             tions. The commission may promulgate rules to administer the restric-
 10             tions and cooperative agreements addressed in this subsection.
 11        11. Capture, propagate, transport, buy, sell or exchange  any  species  of
 12        wildlife  needed for propagation or stocking purposes, or to exercise con-
 13        trol of undesirable species.
 14        12. Adopt rules pertaining to the application for, issuance of and  admin-
 15        istration of a lifetime license certificate system.
 16        13. Adopt  rules governing the application and issuance of permits for and
 17        administration of fishing contests on waters under the jurisdiction of the
 18        state.
 19        14. Adopt rules governing the application for and issuance of licenses  by
 20        telephone and other electronic methods.
 21        15.  Employ  and  fix  compensation  for an administrative assistant whose
 22        duties shall include ensuring that the commission's directives  and  poli-
 23        cies are being carried out and implemented by the director and the depart-
 24        ment,  reporting  to the commission on the progress of its directives  and
 25        policies being implemented and  performing  such other tasks  as  directed
 26        by  the commission. The administrative assistant shall serve at the pleas-
 27        ure of the commission, and shall  be exempt from the provisions of chapter
 28        53, title 67, Idaho Code. The administrative assistant to  the  commission
 29        shall not be an employee of the department.
 30        (c)  Limitation  on  Powers.  Nothing  in this title shall be construed to
 31    authorize the commission to change any penalty prescribed by law for a  viola-
 32    tion of its provisions, or to change the amount of license fees or the author-
 33    ity conferred by licenses prescribed by law.
 34        (d)  Organization  of  Work. The commission shall organize the department,
 35    in accordance with the provisions of title 67, Idaho Code, into administrative
 36    units as may be necessary  to  efficiently  administer  said  department.  All
 37    employees  of  the  department  except  the  director  shall  be  selected and
 38    appointed by the director in conformance with the provisions  of  chapter  53,
 39    title 67, Idaho Code.

Statement of Purpose / Fiscal Impact

                 STATEMENT OF PURPOSE
     It is difficult for the part-time members of the Fish and Game Commission,
     meeting semi-monthly to monthly, to follow up and monitor policy decisions
     between meetings. This bill would allow the Fish and Game Commission to hire
     an administrative assistant, not an employee of the Department of Fish and Game,
     to support the activities of the commission and to ensure that the commission's
     directives are being carried out and implemented by the director and the
                     FISCAL NOTE 
     This bill would not have any impact on the general fund. The impact of this bill
     on dedicated Fish and Game funds would be $53,400 to $65,800, which
     represents an annual salary range of $40,000 to $50,000, plus state benefits. 
               CONTACT:  Rep. Bruce Newcomb 
               Speaker of the House
                                                       STATEMENT OF PURPOSE/FISCAL NOTE                  H 610