2001 Legislation
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HOUSE BILL NO. 43 – Fishing permit/nursing home residnt

HOUSE BILL NO. 43

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Daily Data Tracking History



H0043........................................................by MR. SPEAKER
                 Requested by: Department of Fish and Game
FISHING PERMITS - Amends existing law to provide for the purchase of an
Idaho nursing home facility resident fishing permit; and to provide a fee
for the permit.
                                                                        
01/08    House intro - 1st rdg - to printing
    Rpt prt - to Res/Con
01/24    Rpt out - rec d/p - to 2nd rdg
01/25    2nd rdg - to 3rd rdg
01/29    3rd rdg - PASSED - 65-0-5
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Deal,
      Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
      Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
      Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
      Marley, McKague, Meyer Mortensen, Moss, Moyle, Pearce, Pischner,
      Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer,
      Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail,
      Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Crow, Cuddy, Montgomery, Sellman
    Floor Sponsor - McKague
    Title apvd - to Senate
01/30    Senate intro - 1st rdg - to Res/Env
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Branch, Boatright, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor -- Burtenshaw
    Title apvd - to House
03/20    To enrol
03/21    Rpt enrol - Sp signed
    Pres signed
03/22    To Governor
03/26    Governor signed
         Session Law Chapter 206
         Effective: 07/01/01

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 43
                                                                        
                                       BY MR. SPEAKER
                           Requested by: Department Fish and Game
                                                                        
  1                                        AN ACT
  2    RELATING TO FISH AND GAME; AMENDING SECTION 36-409, IDAHO CODE, TO PROVIDE FOR
  3        THE PURCHASE OF AN IDAHO NURSING HOME FACILITY RESIDENT FISHING PERMIT AND
  4        TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 36-416,  IDAHO  CODE,
  5        TO PROVIDE A FEE FOR A NURSING HOME FISHING PERMIT.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section  36-409, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        36-409.  GAME TAGS -- PERMITS -- FEES -- PENALTY. (a) Resident Game  Tags.
 10    A  resident  who has obtained a permit to hunt, as provided in section 36-401,
 11    Idaho Code, or has purchased or obtained a license to  hunt,  as  provided  in
 12    section  36-406, Idaho Code, upon payment of the fees provided herein shall be
 13    eligible to receive a resident game tag to hunt  and  kill  a  moose,  bighorn
 14    sheep, mountain goat, elk, deer, antelope, mountain lion, bear, sandhill crane
 15    or  turkey  in accordance with the laws of this state and rules promulgated by
 16    the commission; provided further, that any person seventy (70) years of age or
 17    older who holds a senior resident combination license or any person who  holds
 18    a  youth  combination  or hunting license or any disabled American veteran who
 19    holds a disabled combination license, may be issued a bear, deer  or  elk  tag
 20    for  a  fee as specified in section 36-416, Idaho Code; provided further, that
 21    resident game tags may be issued only to  those  persons  who  meet  residency
 22    requirements of subsection (s) of section 36-202, Idaho Code.
 23        (b)  Nonresident  Game Tags. A nonresident who has purchased a  license to
 24    hunt, as provided in section 36-407(a), Idaho Code, or has obtained a  license
 25    to  hunt,  as provided in section 36-406(e), Idaho Code, or a resident who has
 26    purchased or obtained a license to hunt, as provided in section 36-406,  Idaho
 27    Code, upon payment of the fees provided herein, shall be eligible to receive a
 28    nonresident  tag  to hunt and kill a moose, bighorn sheep, mountain goat, elk,
 29    deer, antelope, mountain lion, bear, sandhill crane or  turkey  in  accordance
 30    with the laws of this state and rules promulgated by the commission.
 31        (c)  Game  Tags  Required. The appropriate tag must be had for the hunting
 32    or taking of each and every one (1) of the aforementioned wildlife.  Provided,
 33    however,  that  the  requirements for a mountain lion tag or a bear tag, as to
 34    different periods of time and areas of the  state,  shall  be  determined  and
 35    specified by the commission. Provided further, that the commission may promul-
 36    gate  rules to allow a nonresident deer tag to be used to hunt and kill either
 37    a bear or a mountain lion during the open season for deer in that  area,  unit
 38    or  zone  as  may be specified by the commission. All of said tags are to bear
 39    and have serial numbers.
 40        (d)  Game Tag to Be Validated and Attached to Carcass. As soon as any per-
 41    son kills any wildlife for which a tag is required,  said  tag,  belonging  to
 42    him,  must  be validated and attached to said wildlife in a manner provided by
 43    commission rule.
                                                                        
                                           2
                                                                        
  1        (e)  Archery Permits. In addition to meeting the license and tag  require-
  2    ments provided in this chapter, any persons participating in any controlled or
  3    general  game season which has been specifically designated as an archery hunt
  4    must have in his possession an archery hunt permit which may be purchased at a
  5    fee as specified in section 36-416, Idaho Code.
  6        (f)  Muzzleloader Permit. In addition  to  meeting  the  license  and  tag
  7    requirements  provided  in  this chapter, any person participating in any con-
  8    trolled or general game season which has been  specifically  designated  as  a
  9    muzzleloader  hunt must have in his possession a muzzleloader permit which may
 10    be purchased at a fee as specified in section 36-416, Idaho Code.
 11        (g)  Hound Hunter Permit -- Resident -- Nonresident. Any  person  using  a
 12    dog  for  the  purpose of hunting or for taking, as defined in section 36-202,
 13    Idaho Code, big game or furbearing animals must have in his possession a valid
 14    hound hunter permit which may be purchased by resident and nonresident license
 15    holders for a fee as specified in section 36-416, Idaho Code.
 16        (h)  Nonresident Bird of Prey Capture Permit. The  commission  may,  under
 17    rules  as  it  may prescribe, issue a nonresident bird of prey capture permit.
 18    This capture permit may be purchased by any licensed, nonresident falconer for
 19    capturing birds of prey in Idaho. The fee for the permit shall be as specified
 20    in section 36-416, Idaho Code, and the permit shall be issued under the condi-
 21    tion that the nonresident's home  state  allows  reciprocal  raptor  capturing
 22    privileges for Idaho falconers.
 23        (i)  Wildlife  Management Area (WMA) Pheasant Permit.  The commission may,
 24    under rules as it may prescribe, issue a  wildlife  management  area  pheasant
 25    permit  that  must  be purchased by all persons over sixteen (16) years of age
 26    prior to hunting pheasants on state wildlife management  areas  designated  by
 27    the  commission.  The  fee  for  the  permit  shall be as specified in section
 28    36-416, Idaho Code.
 29        (j)  Bear Baiting Permit. The commission may, under rules as it  may  pre-
 30    scribe,  issue  a bear baiting permit. Any person placing or using bait as may
 31    be allowed by rule for the purpose of attracting bear must have in his posses-
 32    sion a valid bear baiting permit which may be purchased by  a  license  holder
 33    for a fee as specified in section 36-416, Idaho Code.
 34        (k)  Migratory  Bird  Harvest  Information  Program Permit. The commission
 35    may, as provided by federal laws or regulations and under rules as it may pre-
 36    scribe, issue a migratory bird harvest information program permit that must be
 37    purchased by all persons prior to hunting migratory game birds as required  by
 38    federal  law  or regulations.  The fee for the permit shall be as specified in
 39    section 36-416, Idaho Code.
 40        (l)  Dog Field Trial Permit. The commission may, under  rules  as  it  may
 41    prescribe,  issue  a  dog field trial permit to any person using birds for dog
 42    field trials or training as may be allowed by rule. The  permit  may  be  pur-
 43    chased for a fee as specified in section 36-416, Idaho Code.
 44        (m)  Idaho  Nursing  Home Facility Resident Fishing Permit. The commission
 45    may, under rules as it may prescribe, issue an  Idaho  nursing  home  facility
 46    resident fishing permit that must be purchased by an Idaho nursing home facil-
 47    ity to allow residents of its facility to fish during the open season.  Facil-
 48    ities  eligible to purchase this permit are: intermediate care facilities pro-
 49    viding twenty-four (24) hour skilled nursing care, assisted living  facilities
 50    providing  twenty-four  (24)  hour  extensive  assistance  and skilled nursing
 51    facilities providing twenty-four (24) hour skilled nursing. By purchasing this
 52    permit the facility assumes full  responsibility  for  and  control  over  the
 53    facility  residents  while using the permit. All laws, rules and proclamations
 54    apply to the use of this permit and it is the responsibility of  the  facility
 55    to  assure  compliance  with  all laws, rules and proclamations.  In case of a
                                                                        
                                           3
                                                                        
  1    violation the facility shall be held accountable and any  citations  shall  be
  2    issued  to the facility. The permit may be purchased for a fee as specified in
  3    section 36-416, Idaho Code.
                                                                        
  4        SECTION 2.  That Section 36-416, Idaho Code, be, and the  same  is  hereby
  5    amended to read as follows:
                                                                        
  6        36-416.  SCHEDULE OF LICENSE FEES.
  7    (a)  Sport Licenses
  8        License                                      Resident  Non-Resident
  9        Combination License                          $ 29.00    $  180.00
 10        Hunting License                                10.00       127.00
 11        Fishing License                                22.00        73.00
 12        Sr. Combination License (65 and Older)          3.00          N/A
 13        Sportsman's Pak License                        99.50          N/A
 14        Jr. Combination License                        14.50          N/A
 15        Jr. Hunting License                             5.00          N/A
 16        Jr. Fishing License                            11.00        36.50
 17        Disabled Combination License                    3.00          N/A
 18        Disabled Fishing License                        3.00          N/A
 19        Military Furlough Combination License          14.50          N/A
 20        Military Furlough Fishing License              14.50          N/A
 21        Small Game Hunting License                       N/A        72.00
 22        Daily Fishing (1st-day) License                 9.00         9.00
 23        Consecutive Day Fishing License                 4.00         4.00
 24        3 Day Fishing with Salmon/Steelhead Permit       N/A        27.00
 25        Non-Game Hunting License                         N/A        25.00
 26    (b)  Sport Tags
 27        Deer Tag                                     $ 16.50    $  233.50
 28        Jr. or Sr. or Disabled American Veteran
 29          Deer Tag                                      8.25          N/A
 30        Elk Tag                                        27.00       337.00
 31        Jr. or Sr. or Disabled American Veteran
 32          Elk Tag                                      13.50          N/A
 33        Bear Tag                                        9.00       233.50
 34        Jr. or Sr. or Disabled American Veteran
 35          Bear Tag                                      4.50          N/A
 36        Turkey Tag                                     16.50        60.00
 37        Mountain Lion Tag                               9.00       233.50
 38        Antelope Tag                                   27.00       233.50
 39        Moose Tag                                     150.00     1,500.00
 40        Sheep Tag                                     150.00     1,500.00
 41        Goat Tag                                      150.00     1,500.00
 42        Sandhill Crane Tag                             16.50        60.00
 43    (c)  Sport Permits
 44        Bear Baiting Permit                          $ 10.00    $   10.00
 45        Hound Hunter Permit                            10.00       127.00
 46        WMA Pheasant Permit                            20.00        20.00
 47        Archery Permit                                 15.00        15.00
 48        Muzzleloader Permit                            15.00        15.00
 49        Salmon Permit                                  10.00        10.00
 50        Steelhead Permit                               10.00        10.00
 51        Federal Migratory Bird Harvest Info. Permit     0.00         0.00
 52        Handicapped Archery Permit                      0.00         0.00
 53        2-Pole Fishing Permit                          11.00        11.00
                                                                        
                                           4
                                                                        
  1        Controlled Hunt Permit                          5.00         5.00
  2    (d)  Commercial
  3        Raptor Captive Breeding Permit               $ 60.00    $   60.00
  4        Falconry Permit                                25.00          N/A
  5        Falconry Capture Permit                          N/A       127.00
  6        Jr. Trapping License                            5.00          N/A
  7        Trapping License                               25.00       250.00
  8        Taxidermist-Fur Buyer License                  35.00       125.00
  9        Shooting Preserve Permit                      300.00          N/A
 10        Commercial Wildlife Farm License              125.00          N/A
 11        Commercial Fishing License                    100.00       200.00
 12        Wholesale Steelhead License                   150.00       150.00
 13        Retail Steelhead Trout Buyer's License         30.00        30.00
 14    (e)  Commercial Tags
 15        Bobcat Tag (Not to exceed)                   $  7.50    $    7.50
 16        Lynx Tag (Not to exceed)                        7.50         7.50
 17        Beaver Tag (Not to exceed)                      5.00         5.00
 18        Net Tag                                        50.00        50.00
 19        Crayfish/Minnow Tag                             1.00         1.00
 20    (f)  Miscellaneous-Other Licenses
 21        Duplicate License                            $  5.00    $    5.00
 22        Shooting Preserve License                      10.00        10.00
 23        Captive Wolf License                           20.00          N/A
 24    (g)  Miscellaneous-Other Tags
 25        Duplicate Tag                                $  5.00    $    5.00
 26        Wild Bird Shooting Preserve Tag                 5.00         5.00
 27    (h)  Miscellaneous-Other Permits
 28        Falconry In-State Transfer Permit            $  5.00    $     N/A
 29        Falconry Meet Permit                             N/A        20.00
 30        Private Park Permit                            20.00        20.00
 31        Private Pond Permit                            20.00        20.00
 32        Wildlife Import Permit                         20.00        20.00
 33        Wildlife Export Permit                         10.00        10.00
 34        Wildlife Release Permit                        10.00        10.00
 35        Captive Wildlife Permit                        20.00        20.00
 36        Fishing Tournament Permit                      20.00        20.00
 37        Dog Field Trial Permit                         30.00        30.00
 38        Live Fish Transport Permit                     20.00        20.00
 39        Controlled Hunt Application Fee                 5.00         5.00
 40        Nursing Home Fishing Permit                    30.00          N/A

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                   
                             RS 10551
                                
     There are many residents of nursing homes that cannot 
fish by themselves and are on Medicaid.  This would create 
a fishing permit for the facility to allow nursing home residents
receiving 24-hour skilled nursing care to be taken fishing by the
facility personnel.

    
                          FISCAL IMPACT
                                   
 This would generate less than $2,500 in revenue to the department. 
We estimate that most nursing home residents would not have purchased
a license to go fishing otherwise. Most of this income is anticipated
to be from Federal Aid for Sport Fish Rehabilitation (DJ) funds by 
being able to count the seniors fishing under this permit as a license
holder.
    
    
    
    
    
    
    
CONTACT
Name:   Roger Fuhrman, Department of Fish and Game
Phone:    334-3771
    
    
Statement of Purpose/Fiscal Note            H 43