2002 Legislation
Print Friendly

SENATE BILL NO. 1389 – F&G Comm, agreemt, lease land/water

SENATE BILL NO. 1389

View Daily Data Tracking History

View Bill Text

View Amendment

View Engrossed Bill (Original Bill with Amendment(s) Incorporated)

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



S1389aa....................................by LOCAL GOVERNMENT AND TAXATION
FISH AND GAME COMMISSION - Amends existing law to authorize the Fish and
Game Commission to enter into agreements with cities, counties, recreation
districts or other political subdivisions for the lease of lands or waters
to cost-effectively provide recreational opportunities for taxpayers or
residents of those local governments or political subdivisions.
                                                                        
02/07    Senate intro - 1st rdg - to printing
02/08    Rpt prt - to Res/Env
02/12    Rpt out - rec d/p - to 2nd rdg
02/13    2nd rdg - to 3rd rdg
02/14    To 14th Ord
02/20    Rpt out amen - to engros
02/21    Rpt engros - 1st rdg - to 2nd rdg as amen
02/22    2nd rdg - to 3rd rdg as amen
02/27    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
      Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Bunderson
    Title apvd - to House
02/28    House intro - 1st rdg - to Loc Gov
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 58-0-12
      AYES -- Aikele, Barraclough, Bedke, Bell, Bieter, Black, Block, Boe,
      Bolz, Bradford, Bruneel, Callister, Collins, Crow, Cuddy, Deal,
      Denney, Ellis, Ellsworth, Eskridge, Field(20), Gagner, Hadley,
      Hammond, Harwood, Henbest, Higgins, Jaquet, Kellogg(Duncan), Kunz,
      Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Moyle,
      Pearce, Pischner, Pomeroy, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson,
      Stone, Tilman, Trail, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Barrett, Campbell, Clark, Field(13), Gould,
      Hornbeck, Jones, Kendell, Montgomery, Mortensen, Raybould, Wheeler
    Floor Sponsor - Moyle
    Title apvd - to Senate
03/11    To enrol
03/12    Rpt enrol - Pres signed - Sp signed
03/13    To Governor
03/22    Governor signed
         Session Law Chapter 224
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1389
                                                                        
                         BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE FISH AND GAME COMMISSION; AMENDING SECTION 36-104, IDAHO CODE,
  3        TO  AUTHORIZE THE FISH AND GAME COMMISSION TO ENTER INTO  AGREEMENTS  WITH
  4        CITIES, COUNTIES, RECREATION DISTRICTS OR OTHER POLITICAL SUBDIVISIONS FOR
  5        THE  LEASE  OF  LANDS  OR  WATERS TO COST-EFFECTIVELY PROVIDE RECREATIONAL
  6        OPPORTUNITIES FOR TAXPAYERS OR RESIDENTS OF  THOSE  LOCAL  GOVERNMENTS  OR
  7        POLITICAL SUBDIVISIONS.
                                                                        
  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    and organize by electing from their membership  a  chairman,  who  shall  hold
 14    office  for  a  period  of  one (1) year, or until his successor has been duly
 15    elected. In addition to the regular annual meeting, to  be  held  in  January,
 16    said commission shall hold other regular quarterly meetings in April, July and
 17    October  of  each year at such places within the state as the commission shall
 18    select for the transaction of business. Special meetings may be called at  any
 19    time and place by the chairman or a majority of the members of the commission.
 20    Notice of the time, place and purpose of any and all special meetings shall be
 21    given by the secretary to each member of the commission 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
                                                                        
                                           2
                                                                        
  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 landowners of property
 20             valuable for habitat or propagation purposes of deer,  elk  or  ante-
 21             lope,  or  the  landowner's  designated agent(s) to hunt deer, elk or
 22             antelope in controlled hunts containing the eligible  property  owned
 23             by those landowners in units where any permits for deer, elk or ante-
 24             lope are limited.
 25             (C)  A  nonrefundable fee as specified in section 36-416, Idaho Code,
 26             shall be charged each applicant for a controlled  hunt  permit.  Suc-
 27             cessful  applicants  for controlled hunt permits shall be charged the
 28             fee as specified in section 36-416, Idaho Code. Additionally,  a  fee
 29             may  be  charged  for  telephone and credit card orders in accordance
 30             with subsection (e)11. of section 36-106, Idaho Code. The  department
 31             shall  include  a  checkoff form to allow applicants to designate one
 32             dollar ($1.00) of such nonrefundable application fee for  transmittal
 33             to  the reward fund of citizens against poaching, inc., an Idaho non-
 34             profit corporation. The net proceeds from the nonrefundable fee shall
 35             be deposited in the fish and game account and none of  the  net  pro-
 36             ceeds shall be used to purchase lands.
 37        6.  Adopt rules pertaining to the importation, exportation, release, sale,
 38        possession  or  transportation  into, within or from the state of Idaho of
 39        any species of live, native or exotic wildlife or any eggs thereof.
 40        7.  Acquire for and on behalf of the state of Idaho, by purchase,  condem-
 41        nation,  lease, agreement, gift, or other device, lands or waters suitable
 42        for the purposes hereinafter enumerated in this  paragraph.  Whenever  the
 43        commission  proposes to purchase a tract of land in excess of fifteen (15)
 44        acres, the commission shall notify the board of  county  commissioners  of
 45        the county where this land is located of the intended action. The board of
 46        county  commissioners shall have ten (10) days after official notification
 47        to notify the commission whether or not they desire the commission to hold
 48        a public hearing on the intended purchase in the  county.  The  commission
 49        shall  give serious consideration to all public input received at the pub-
 50        lic hearing before making a final decision on  the  proposed  acquisition.
 51        Following  any  land purchase, the fish and game commission shall provide,
 52        upon request by the board of  county  commissioners,  within  one  hundred
 53        twenty  (120)  days,  a  management plan for the area purchased that would
 54        address noxious weed control, fencing, water management and  other  impor-
 55        tant  issues raised during the public hearing. When considering purchasing
                                                                        
                                           3
                                                                        
  1        lands pursuant to this paragraph, the commission shall first make  a  good
  2        faith  attempt  to  obtain a conservation easement, as provided in chapter
  3        21, title 55, Idaho Code, before it may  begin  proceedings  to  purchase,
  4        condemn  or otherwise acquire such lands. If the attempt to acquire a con-
  5        servation easement is unsuccessful  and  the  commission  then  purchases,
  6        condemns  or  otherwise acquires the lands, the commission shall record in
  7        writing the reasons why the attempt at acquiring the conservation easement
  8        was unsuccessful and then file the same in its records and in a report  to
  9        the  joint finance-appropriations committee. The commission shall develop,
 10        operate, and maintain the lands, waters or conservation easements for said
 11        purposes, which are hereby declared a public use:
 12             (A)  For fish hatcheries, nursery ponds, or game animal or game  bird
 13             farms;
 14             (B)  For game, bird, fish or fur-bearing animal restoration, propaga-
 15             tion or protection;
 16             (C)  For  public hunting, fishing or trapping areas to provide places
 17             where the public may fish, hunt, or trap in accordance with the  pro-
 18             visions of law, or the regulation of the commission;
 19             (D)  To  extend and consolidate by exchange, lands or waters suitable
 20             for the above purposes.
 21        8.  Enter into cooperative agreements with educational  institutions,  and
 22        state,  federal,  or  other  agencies  to promote wildlife research and to
 23        train students for wildlife management.
 24        9.  Enter into cooperative agreements with  state  and  federal  agencies,
 25        municipalities,  corporations,  organized  groups  of landowners, associa-
 26        tions, and individuals for the development of wildlife rearing,  propagat-
 27        ing, management, protection and demonstration projects.
 28        10. In  the  event owners or lawful possessors of land have restricted the
 29        operation of motor-propelled vehicles upon  their  land,  the  commission,
 30        upon consultation with all other potentially affected landowners, and hav-
 31        ing  held  a  public hearing, if requested by not less than ten (10) resi-
 32        dents of any county in which the land is located, may enter into  coopera-
 33        tive  agreements with those owners or possessors to enforce those restric-
 34        tions when the restrictions protect wildlife  or  wildlife  habitat.  Pro-
 35        vided,  however,  the  commission shall not enter into such agreements for
 36        lands which either lie outside or are not adjacent to  any  adjoining  the
 37        proclaimed boundaries of the national forests in Idaho.
 38             (A)  The  landowners,  with  the  assistance of the department, shall
 39             cause notice  of  the  restrictions,  including  the  effective  date
 40             thereof,  to  be posted on the main traveled roads entering the areas
 41             to which the restrictions apply. Provided, however, that  nothing  in
 42             this  subsection  shall  allow the unlawful posting of signs or other
 43             information on or adjacent to public highways as defined  in  subsec-
 44             tion (5) of section 40-109, Idaho Code.
 45             (B)  Nothing  in  this  section  authorizes  the establishment of any
 46             restrictions that impede normal forest  or  range  management  opera-
 47             tions.
 48             (C)  No  person  shall violate such restrictions on the use of motor-
 49             propelled vehicles or tear down or lay  down  any  fencing  or  gates
 50             enclosing  such  a  restricted  area  or  remove, mutilate, damage or
 51             destroy any notices, signs or markers giving notice of such  restric-
 52             tions. The commission may promulgate rules to administer the restric-
 53             tions and cooperative agreements addressed in this subsection.
 54        11. Capture,  propagate,  transport,  buy, sell or exchange any species of
 55        wildlife needed for propagation or stocking purposes, or to exercise  con-
                                                                        
                                           4
                                                                        
  1        trol of undesirable species.
  2        12. Adopt  rules pertaining to the application for, issuance of and admin-
  3        istration of a lifetime license certificate system.
  4        13. Adopt rules governing the application and issuance of permits for  and
  5        administration of fishing contests on waters under the jurisdiction of the
  6        state. The fee for each permit shall be as provided for in section 36-416,
  7        Idaho Code.
  8        14. Adopt  rules governing the application for and issuance of licenses by
  9        telephone and other electronic methods.
 10        15. Enter into agreements with cities, counties, recreation  districts  or
 11        other  political  subdivisions  for  the lease of lands or waters to cost-
 12        effectively provide recreational opportunities for taxpayers or  residents
 13        of those local governments or  political subdivisions.
 14        (c)  Limitation  on  Powers.  Nothing  in this title shall be construed to
 15    authorize the commission to change any penalty prescribed by law for a  viola-
 16    tion of its provisions, or to change the amount of license fees or the author-
 17    ity conferred by licenses prescribed by law.
 18        (d)  Organization  of  Work. The commission shall organize the department,
 19    in accordance with the provisions of title 67, Idaho Code, into administrative
 20    units as may be necessary  to  efficiently  administer  said  department.  All
 21    employees  of  the  department  except  the  director  shall  be  selected and
 22    appointed by the director in conformance with the provisions  of  chapter  53,
 23    title 67, Idaho Code.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved by    Bunderson           
                                                                        
                                                     Seconded by Andreason           
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1389
                                                                        
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 4 of the printed bill, in line 11,  following "waters" insert:  ",
  3    in  accordance with all other applicable laws, including applicable provisions
  4    of titles 42 and 43, Idaho Code,".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1389, As Amended
                                                                        
                         BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE FISH AND GAME COMMISSION; AMENDING SECTION 36-104, IDAHO CODE,
  3        TO  AUTHORIZE THE FISH AND GAME COMMISSION TO ENTER INTO  AGREEMENTS  WITH
  4        CITIES, COUNTIES, RECREATION DISTRICTS OR OTHER POLITICAL SUBDIVISIONS FOR
  5        THE  LEASE  OF  LANDS  OR  WATERS TO COST-EFFECTIVELY PROVIDE RECREATIONAL
  6        OPPORTUNITIES FOR TAXPAYERS OR RESIDENTS OF  THOSE  LOCAL  GOVERNMENTS  OR
  7        POLITICAL SUBDIVISIONS.
                                                                        
  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    and organize by electing from their membership  a  chairman,  who  shall  hold
 14    office  for  a  period  of  one (1) year, or until his successor has been duly
 15    elected. In addition to the regular annual meeting, to  be  held  in  January,
 16    said commission shall hold other regular quarterly meetings in April, July and
 17    October  of  each year at such places within the state as the commission shall
 18    select for the transaction of business. Special meetings may be called at  any
 19    time and place by the chairman or a majority of the members of the commission.
 20    Notice of the time, place and purpose of any and all special meetings shall be
 21    given by the secretary to each member of the commission 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
                                                                        
                                           2
                                                                        
  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 landowners of property
 20             valuable for habitat or propagation purposes of deer,  elk  or  ante-
 21             lope,  or  the  landowner's  designated agent(s) to hunt deer, elk or
 22             antelope in controlled hunts containing the eligible  property  owned
 23             by those landowners in units where any permits for deer, elk or ante-
 24             lope are limited.
 25             (C)  A  nonrefundable fee as specified in section 36-416, Idaho Code,
 26             shall be charged each applicant for a controlled  hunt  permit.  Suc-
 27             cessful  applicants  for controlled hunt permits shall be charged the
 28             fee as specified in section 36-416, Idaho Code. Additionally,  a  fee
 29             may  be  charged  for  telephone and credit card orders in accordance
 30             with subsection (e)11. of section 36-106, Idaho Code. The  department
 31             shall  include  a  checkoff form to allow applicants to designate one
 32             dollar ($1.00) of such nonrefundable application fee for  transmittal
 33             to  the reward fund of citizens against poaching, inc., an Idaho non-
 34             profit corporation. The net proceeds from the nonrefundable fee shall
 35             be deposited in the fish and game account and none of  the  net  pro-
 36             ceeds shall be used to purchase lands.
 37        6.  Adopt rules pertaining to the importation, exportation, release, sale,
 38        possession  or  transportation  into, within or from the state of Idaho of
 39        any species of live, native or exotic wildlife or any eggs thereof.
 40        7.  Acquire for and on behalf of the state of Idaho, by purchase,  condem-
 41        nation,  lease, agreement, gift, or other device, lands or waters suitable
 42        for the purposes hereinafter enumerated in this  paragraph.  Whenever  the
 43        commission  proposes to purchase a tract of land in excess of fifteen (15)
 44        acres, the commission shall notify the board of  county  commissioners  of
 45        the county where this land is located of the intended action. The board of
 46        county  commissioners shall have ten (10) days after official notification
 47        to notify the commission whether or not they desire the commission to hold
 48        a public hearing on the intended purchase in the  county.  The  commission
 49        shall  give serious consideration to all public input received at the pub-
 50        lic hearing before making a final decision on  the  proposed  acquisition.
 51        Following  any  land purchase, the fish and game commission shall provide,
 52        upon request by the board of  county  commissioners,  within  one  hundred
 53        twenty  (120)  days,  a  management plan for the area purchased that would
 54        address noxious weed control, fencing, water management and  other  impor-
 55        tant  issues raised during the public hearing. When considering purchasing
                                                                        
                                           3
                                                                        
  1        lands pursuant to this paragraph, the commission shall first make  a  good
  2        faith  attempt  to  obtain a conservation easement, as provided in chapter
  3        21, title 55, Idaho Code, before it may  begin  proceedings  to  purchase,
  4        condemn  or otherwise acquire such lands. If the attempt to acquire a con-
  5        servation easement is unsuccessful  and  the  commission  then  purchases,
  6        condemns  or  otherwise acquires the lands, the commission shall record in
  7        writing the reasons why the attempt at acquiring the conservation easement
  8        was unsuccessful and then file the same in its records and in a report  to
  9        the  joint finance-appropriations committee. The commission shall develop,
 10        operate, and maintain the lands, waters or conservation easements for said
 11        purposes, which are hereby declared a public use:
 12             (A)  For fish hatcheries, nursery ponds, or game animal or game  bird
 13             farms;
 14             (B)  For game, bird, fish or fur-bearing animal restoration, propaga-
 15             tion or protection;
 16             (C)  For  public hunting, fishing or trapping areas to provide places
 17             where the public may fish, hunt, or trap in accordance with the  pro-
 18             visions of law, or the regulation of the commission;
 19             (D)  To  extend and consolidate by exchange, lands or waters suitable
 20             for the above purposes.
 21        8.  Enter into cooperative agreements with educational  institutions,  and
 22        state,  federal,  or  other  agencies  to promote wildlife research and to
 23        train students for wildlife management.
 24        9.  Enter into cooperative agreements with  state  and  federal  agencies,
 25        municipalities,  corporations,  organized  groups  of landowners, associa-
 26        tions, and individuals for the development of wildlife rearing,  propagat-
 27        ing, management, protection and demonstration projects.
 28        10. In  the  event owners or lawful possessors of land have restricted the
 29        operation of motor-propelled vehicles upon  their  land,  the  commission,
 30        upon consultation with all other potentially affected landowners, and hav-
 31        ing  held  a  public hearing, if requested by not less than ten (10) resi-
 32        dents of any county in which the land is located, may enter into  coopera-
 33        tive  agreements with those owners or possessors to enforce those restric-
 34        tions when the restrictions protect wildlife  or  wildlife  habitat.  Pro-
 35        vided,  however,  the  commission shall not enter into such agreements for
 36        lands which either lie outside or are not adjacent to  any  adjoining  the
 37        proclaimed boundaries of the national forests in Idaho.
 38             (A)  The  landowners,  with  the  assistance of the department, shall
 39             cause notice  of  the  restrictions,  including  the  effective  date
 40             thereof,  to  be posted on the main traveled roads entering the areas
 41             to which the restrictions apply. Provided, however, that  nothing  in
 42             this  subsection  shall  allow the unlawful posting of signs or other
 43             information on or adjacent to public highways as defined  in  subsec-
 44             tion (5) of section 40-109, Idaho Code.
 45             (B)  Nothing  in  this  section  authorizes  the establishment of any
 46             restrictions that impede normal forest  or  range  management  opera-
 47             tions.
 48             (C)  No  person  shall violate such restrictions on the use of motor-
 49             propelled vehicles or tear down or lay  down  any  fencing  or  gates
 50             enclosing  such  a  restricted  area  or  remove, mutilate, damage or
 51             destroy any notices, signs or markers giving notice of such  restric-
 52             tions. The commission may promulgate rules to administer the restric-
 53             tions and cooperative agreements addressed in this subsection.
 54        11. Capture,  propagate,  transport,  buy, sell or exchange any species of
 55        wildlife needed for propagation or stocking purposes, or to exercise  con-
                                                                        
                                           4
                                                                        
  1        trol of undesirable species.
  2        12. Adopt  rules pertaining to the application for, issuance of and admin-
  3        istration of a lifetime license certificate system.
  4        13. Adopt rules governing the application and issuance of permits for  and
  5        administration of fishing contests on waters under the jurisdiction of the
  6        state. The fee for each permit shall be as provided for in section 36-416,
  7        Idaho Code.
  8        14. Adopt  rules governing the application for and issuance of licenses by
  9        telephone and other electronic methods.
 10        15. Enter into agreements with cities, counties, recreation  districts  or
 11        other  political  subdivisions for the lease of lands or waters, in accor-
 12        dance with all other applicable laws, including applicable  provisions  of
 13        titles  42  and  43,  Idaho Code, to cost-effectively provide recreational
 14        opportunities for taxpayers or residents of  those  local  governments  or
 15        political subdivisions.
 16        (c)  Limitation  on  Powers.  Nothing  in this title shall be construed to
 17    authorize the commission to change any penalty prescribed by law for a  viola-
 18    tion of its provisions, or to change the amount of license fees or the author-
 19    ity conferred by licenses prescribed by law.
 20        (d)  Organization  of  Work. The commission shall organize the department,
 21    in accordance with the provisions of title 67, Idaho Code, into administrative
 22    units as may be necessary  to  efficiently  administer  said  department.  All
 23    employees  of  the  department  except  the  director  shall  be  selected and
 24    appointed by the director in conformance with the provisions  of  chapter  53,
 25    title 67, Idaho Code.

Statement of Purpose / Fiscal Impact


	             STATEMENT OF PURPOSE
                          RS 11591

In general, this legislation provides legislative intent 
that public entities and institutions should work together 
in the use of real estate for the common public good. 
Specifically, this legislation makes clear that the Idaho 
Department of Fish and Game(IDFG) may consider opportunities 
to partnership with municipal governments in the innovative 
use, joint management, or lease of state-owned land under its 
control.	Frequently, municipal governments across Idaho 
need property for parks and recreation and have difficulty 
obtaining land. At the same time, state agencies may have land 
that could be made available. In those cases where IDFG has land 
and determines the quality of life of Idaho citizens and the 
public utilization of park land is benefitted, this legislation 
makes clear IDFG may enter into those agreements.

                      FISCAL IMPACT

This legislation is permissive and depends on future events that 
cannot be predicted. Thus the fiscal impact, if any, cannot be 
determined.

Contact 
Name:  Ken Harward, Idaho Association of Cities 
Phone:	344-8594
Name:  Senator Hal Bunderson 
Phone:	332-1000
Name:  Representative Mike Moyle
Phone:	332-1000

STATEMENT OF PURPOSE/FISCAL NOTE		S 1389