2000 Legislation
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SENATE BILL NO. 1421 – Big game animal/taking/seasn closed


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S1421..........................................by RESOURCES AND ENVIRONMENT
BIG GAME ANIMALS - Amends existing law to clarify that it is a flagrant
violation to take any big game animal during a closed season when there is
no established take season open anywhere in the state for that species of
big game.
02/15    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to Res/Env
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 29-0-6
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Hawkins, Ingram, Ipsen,
      Keough, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy,
      Schroeder, Sorensen, Stegner, Wheeler, Whitworth, Williams
      Absent and excused--Davis, Frasure, Geddes, King-Barrutia, Stennett,
    Floor Sponsor - Andreason
    Title apvd - to House
03/17    House intro - 1st rdg - to Res/Con
03/22    Rpt out - rec d/p - to 2nd rdg
03/23    2nd rdg - to 3rd rdg
04/03    3rd rdg - PASSED - 59-0-11
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
      Black, Boe, Bruneel, Campbell, Chase, Cheirrett, Cuddy, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Gould, Hammond, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Jaquet, Judd, Kellogg, Kempton,
      Kendell, Kunz, Lake, Loertscher(Loertscher), Mader, Marley, McKague,
      Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
      Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Trail, Wood
      NAYS -- None
      Absent and excused -- Callister, Clark, Crow, Deal, Geddes, Hadley,
      Jones, Linford, Wheeler, Zimmermann, Mr Speaker
    Floor Sponsor - Stoicheff
    Title apvd - to Senate
04/04    To enrol - rpt enrol - Pres signed
04/05    Sp signed
04/06    To Governor
04/12    Governor signed
         Session Law Chapter 256
         Effective: 07/01/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1421
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION  1.  That  Section 36-1402, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
 10    LICENSE  --  DISPOSITION  OF  MONEYS.  (a)  Infraction Penalty. Any person who
 11    pleads guilty to or is found guilty of an infraction of this code or rules  or
 12    proclamations  promulgated  pursuant  thereto, shall be punished in accordance
 13    with the provisions of the Idaho infractions rules.
 14        (b)  Misdemeanor Penalty. Any person entering a plea of guilty for,  found
 15    guilty  of or convicted of a misdemeanor under the provisions of this title or
 16    rules or proclamations promulgated pursuant thereto  shall,  except  in  cases
 17    where  a  higher  penalty  is  prescribed,  be fined in a sum of not less than
 18    twenty-five dollars ($25.00) nor  more  than  one  thousand  dollars  ($1,000)
 19    and/or  by  commitment  to  jail for not more than six (6) months. The minimum
 20    fine, per animal, fish or bird, for the illegal taking, illegal possession  or
 21    the  illegal  waste  of the following animals, fish or birds shall be as indi-
 22    cated below:
 23                   Animal, Fish or Bird                               Minimum Fine
 24        Bighorn sheep, mountain goat and moose                            $500
 25        Elk                                                               $300
 26        Any other big game animal                                         $200
 27        Wild turkey, swan and sturgeon                                    $200
 28        Chinook salmon, wild steelhead and bull trout                     $100
 29        Any other game bird, game fish or furbearer                       $ 25
 30        (c)  Felony Penalty. Any person entering  a  plea  of  guilty  for,  found
 31    guilty of or convicted of a felony under the provisions of this title shall be
 32    punished in accordance with section 18-112, Idaho Code. Provided further, that
 33    the judge hearing the case shall forthwith revoke for life, the hunting, fish-
 34    ing  or  trapping  license and privileges of any person who, within a five (5)
 35    year period, pleads guilty to, is found guilty of or is convicted of three (3)
 36    or more felony violations of the provisions of this title.
 37        (d)  License Revocation. Any person entering a plea  of  guilty  or  being
 38    found guilty or convicted of violating any of the provisions of this title, or
 39    who  otherwise  fails to comply with the requirements of a citation in connec-
 40    tion with any such offense, may, in addition to any other penalty assessed  by
 41    the  court, have his hunting, fishing, or trapping privileges revoked for such
 42    period of time as may be determined by the  court  not  to  exceed  three  (3)
 43    years,  except  that  violations classified as felonies under section 36-1401,
  1    Idaho Code, or as  flagrant violations as defined in subsection  (e)  of  this
  2    section,  shall  authorize the court to impose license revocations for periods
  3    of time up to and including life, with said period beginning on  the  date  of
  4    conviction,  finding  of  guilt  or the entry of  the plea of guilty. Provided
  5    further, that the magistrate hearing the case shall forthwith revoke the hunt-
  6    ing, fishing, or trapping privileges for a period of not  less  than  one  (1)
  7    year for any of the following offenses:
  8        1.  Taking  or  possessing upland game birds, migratory waterfowl, salmon,
  9        steelhead, sturgeon, or any big game animal during closed season.
 10        2.  Exceeding the daily bag or possession  limit  of  upland  game  birds,
 11        migratory waterfowl or big game animals.
 12        3.  Taking  any fish by unlawful methods as set forth in section 36-902(a)
 13        or (c), Idaho Code.
 14        4.  Unlawfully purchasing, possessing or using any license, tag or  permit
 15        as set forth in section 36-405(c), Idaho Code.
 16        5.  Trespassing  in  violation  of  warning signs or failing to depart the
 17        real property of another  after  notification  as  set  forth  in  section
 18        36-1603, Idaho Code.
 19        6.  The  unlawful release of any species of live fish into any public body
 20        of water in the state.  For  purposes  of  this  paragraph,  an  "unlawful
 21        release  of  any species of live fish" shall mean a release of any species
 22        of live fish, or live eggs thereof, in the state without the permission of
 23        the director of the department of fish and game; provided, that no permis-
 24        sion is required when fish are being freed from a hook and released at the
 25        same time and place where caught or when crayfish are being released  from
 26        a trap at the same time and place where caught.
 27        Provided  further,  that  the  magistrate hearing the case of a first time
 28    hunting violation offender under the age of twenty-one (21) may  require  that
 29    the  offender  attend  a  remedial  hunter  education course at the offender's
 30    expense. Upon successful completion of the course, the remainder of the  revo-
 31    cation  period shall be subject to a withheld judgment so long as the offender
 32    is not convicted of any additional hunting violations during the  period.  The
 33    cost  of  the  course shall be seventy-five dollars ($75.00) to be paid to the
 34    department. The commission shall establish  by  rule  the  curriculum  of  the
 35    hunter education remedial course.
 36        The  revocation  shall  consist of cancellation of an existing license for
 37    the required length of time and/or denial of the privilege  of  purchasing  an
 38    applicable  license  for  the  length  of time required to meet the revocation
 39    period decreed. In the case of persons pleading  guilty,  convicted  or  found
 40    guilty of committing multiple offenses, the revocation periods may run consec-
 41    utively.  In  the  case  of  pleas of guilty, convictions or findings of guilt
 42    involving taking big game animals during closed season or exceeding the  daily
 43    bag  or  possession  limit  of big game, the magistrate hearing the case shall
 44    revoke the hunting, fishing or trapping privileges of any person convicted  or
 45    found  guilty of those offenses for a period of not less than one (1) year for
 46    each big game animal illegally taken or possessed by the person  convicted  or
 47    found guilty.
 48        It  shall  be  a misdemeanor for any person to hunt, fish, or trap or pur-
 49    chase a license to do so during the period of time for which such privilege is
 50    revoked.
 51        For the purpose of this title, the term "conviction" shall mean  either  a
 52    withheld judgment or a final conviction.
 53        (e)  Flagrant  Violations.  In addition to any other penalties assessed by
 54    the court, the magistrate hearing the case shall forthwith revoke the hunting,
 55    fishing or trapping privileges, for a period of not less than one (1) year and
  1    may revoke the privileges for a  period up to and including the person's life-
  2    time, for any person who enters a plea of guilty, who is found guilty, or  who
  3    is convicted of any of the following flagrant violations:
  4        1.  Taking  a  big  game  animal after sunset by spotlighting, with use of
  5        artificial light, or with a night vision enhancement device.
  6        2.  Unlawfully taking two (2) or more big game  animals  within  a  twelve
  7        (12) month period.
  8        3.  Taking  a big game animal with a rimfire or centerfire cartridge fire-
  9        arm during an archery or muzzleloader only hunt.
 10        4.  Hunting, fishing, trapping or purchasing a license when license privi-
 11        leges have been revoked pursuant to this section or section 36-1501, Idaho
 12        Code.
 13        5.  Taking any big game animal during a closed season  when  there  is  no
 14        established take season open anywhere in the state for any that species of
 15        big game.
 16        6.  Any felony violation provided in section 36-1401, Idaho Code.
 17        (f)  For purposes of the wildlife violator compact, section 36-2301, Idaho
 18    Code, et seq., the department shall:
 19        1.  Suspend a violator's license for failure to comply with the terms of a
 20        citation  from a party state. A copy of a report of failure to comply from
 21        the licensing authority of the issuing state shall be conclusive evidence.
 22        2.  Revoke a violator's license for a  conviction  in  a  party  state.  A
 23        report  of  conviction  from  the licensing authority of the issuing state
 24        shall be conclusive evidence.
 25        (g)  Disposition of Fines and Forfeitures. Distribution of fines and  for-
 26    feitures remitted shall be in accordance with section 19-4705, Idaho Code.

Statement of Purpose / Fiscal Impact

                 STATEMENT OF PURPOSE
                       RS 09954 
     This legislation amends the definition of "Flagrant Violations" for illegally taking
     of animals in Idaho Code  36-1402(e)(5). The amendment changes the word
     "any" to "that." Since there are open seasons for some species of big game
     practically year round, prosecution under this provision is difficult, if not 
                    FISCAL IMPACT 
     Fiscal impact increases revenues to Fish and Game proportionate to convictions
     Name: Sen. John Andreason
     Phone: 332-1000 
                                                            STATEMENT OF PURPOSE/FISCAL NOTE                             S 1421