2000 Legislation
Print Friendly

HOUSE BILL NO. 626, As Amended – Omnivores/carnivores, sheriff duty

HOUSE BILL NO. 626, As Amended

View Daily Data Tracking History

View Bill Text

View Amendment

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

H0626aa..............................by JUDICIARY, RULES AND ADMINISTRATION
OMNIVORES - CARNIVORES - Amends existing law to describe duties of the
sheriff concerning prevention of unauthorized importation of wild omnivores
or carnivores and the protection of people and private property from wild
omnivores or carnivores.
02/18    House intro - 1st rdg - to printing
02/21    Rpt prt - to Jud
03/10    Rpt out - to Gen Ord
03/14    Rpt out amen - to engros
03/15    Rpt engros - 1st rdg - to 2nd rdg as amen
03/16    2nd rdg - to 3rd rdg as amen
03/20    3rd rdg as amen - PASSED - 63-1-6
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Hornbeck, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
      Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Reynolds, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smylie, Stevenson, Stoicheff, Taylor, Tilman, Trail,
      Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Ringo
      Absent and excused -- Crow, Deal, Henbest, Ridinger, Smith, Stone
    Floor Sponsor - Gould
    Title apvd - to Senate
03/21    Senate intro - 1st rdg as amen - to Jud
03/27    Rpt out - rec d/p - to 2nd rdg as amen
03/28    2nd rdg - to 3rd rdg as amen
04/04    3rd rdg as amen - PASSED - 34-0-1
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins,
      Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Walton, Wheeler, Whitworth, Williams
      Absent and excused--Davis
    Floor Sponsor - King-Barrutia
    Title apvd - to House
04/04    To enrol - rpt enrol - Sp signed
04/05    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 331
         Effective: 07/01/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                               HOUSE BILL NO. 626, As Amended
  1                                        AN ACT
  4        CARNIVORES.
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 31-2202, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        31-2202.  DUTIES  OF SHERIFF. The policy of the state of Idaho is that the
  9    primary duty of enforcing all penal provisions and statutes of  the  state  is
 10    vested  with  the sheriff of each county as provided in section 31-2227, Idaho
 11    Code. The sheriff shall perform the following:
 12        1.  Preserve the peace.
 13        2.  Arrest and take before the nearest magistrate for examination all per-
 14    sons who attempt to commit or who have  committed  a  public  offense,  unless
 15    otherwise provided by law.
 16        3.  Prevent  and  suppress  all  affrays, breaches of the peace, riots and
 17    insurrections which may come to his knowledge.
 18        4.  Attend all courts, including magistrate's  division  of  the  district
 19    court  when ordered by a district judge, at their respective terms held within
 20    his county, and obey the lawful orders and directions of the courts.
 21        5.  Command the aid of as many inhabitants of the county as he  may  think
 22    necessary in the execution of these duties.
 23        6.  Take charge of and keep the county jail and the prisoners therein.
 24        7.  Indorse  upon  all  process and notices the year, month, day, hour and
 25    minute of reception, and issue therefor to the person delivering it,  on  pay-
 26    ment  of  fees, a certificate showing the names of the parties, title of paper
 27    and time of reception.
 28        8.  Serve all process and notices in the manner prescribed by law.
 29        9.  Certify under his hand upon process or notices the manner and time  of
 30    service,  or,  if  he  fails  to make service, the reasons of his failure, and
 31    return the same without delay.
 32        10. Perform such other duties as are required of him by law.
 33        11. Keep a record of all stolen cars reported  within  his  county,  which
 34    record shall contain the name of the motor vehicle, the engine number thereof,
 35    a  complete  description of such vehicle and such other information as may aid
 36    in the identification of the stolen car. Such record shall be open  to  public
 37    inspection  during  office hours, and immediately upon receiving a report of a
 38    stolen car the sheriff shall prepare and forward a copy thereof to the  direc-
 39    tor of the department of law enforcement and he shall also notify the director
 40    of the department of law enforcement of any and all cars recovered.
 41        12. At  the  specific request of the governor or his designated agent pre-
 42    vent the unauthorized importation of wild omnivores or carnivores  capable  of
 43    causing injury to people or their property.
  1        13. Work  in his county with the Idaho state department of law enforcement
  2    in the following respects:
  3        (a)  Require all persons using the highways in the state to  do  so  care-
  4        fully,  safely  and  with  exercise  of care for the persons, property and
  5        safety of others;
  6        (b)  Safeguard and protect the surface and other physical portions of  the
  7        state highways;
  8        (c)  Enforce  all of the laws of the state enacted for the identification,
  9        inspection and transportation of livestock  and  all  laws  of  the  state
 10        designed to prevent the theft of livestock;
 11        (d)  Regulate  traffic on all highways and roads in the state; and respond
 12        to calls following wrecks and make investigations relative thereto;
 13        (e)  Use whatever force is necessary to protect the public  from  wild  or
 14        domestic  omnivores  or  carnivores in a manner that is consistent with 50
 15        C.F.R. section 17.84(i).
 16        134. Work in his county with the Idaho transportation department  to  give
 17    examinations for and sell drivers' licenses and identification cards.
 18        145. Expeditiously  and  promptly  investigate all cases involving missing
 19    children when such cases are reported to him.


  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                     Moved by    Gould               
                                                     Seconded by Pearce              
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 626
  1                                AMENDMENT TO SECTION 1
  2        On page 2 of the printed bill, in line 14, following "carnivores", insert:
  3    "in a manner that is consistent with 50 C.F.R. section 17.84(i)".

Statement of Purpose / Fiscal Impact

                 STATEMENT OF PURPOSE
                      RS 1O11OC1
     The purpose of this legislation is to clarify the duties of the county sheriff in
     regards to the sheriff acting on the governor's request to prevent the unauthorized
     importation of wild omnivores or carnivores. The legislation further clarifies the
     sheriffs duties in that he is to use whatever forces is necessary to protect the
     public from wild or domestic omnivores or carnivores.
                    FISCAL IMPACT 
     No direct fiscal impact. The increase in duties of the sheriff due to this legislation
     would be negligible. 
               Contact:  Rep. Celia Gould
               Stanley T. Boyd, Idaho Cattle Association
                                                  STATEMENT OF PURPOSE/ FISCAL NOTE                                H 626