View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0277.........................................................by STATE AFFAIRS
FISH AND GAME LAWS - STATE POLICE - Amends existing law to transfer the
enforcement functions of the Fish and Game laws from the Department of Fish
and Game to the Idaho State Police.
02/18 House intro - 1st rdg - to printing
02/19 Rpt prt - to Res/Con
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 277
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ENFORCING THE FISH AND GAME LAWS; AMENDING SECTION 67-2902, IDAHO
3 CODE, TO PROVIDE THAT THE IDAHO STATE POLICE SHALL ENFORCE FISH AND GAME
4 LAWS, TO PROVIDE FOR BILLING FOR THOSE SERVICES AND TO MAKE A TECHNICAL
5 CORRECTION; AMENDING SECTION 36-106, IDAHO CODE, TO PROVIDE THAT THE
6 DIRECTOR OF THE DEPARTMENT OF FISH AND GAME SHALL COOPERATE WITH THE IDAHO
7 STATE POLICE FOR ENFORCEMENT OF FISH AND GAME LAWS; AMENDING SECTION
8 36-107, IDAHO CODE, TO PROVIDE THAT IT IS A LAWFUL EXPENDITURE FROM THE
9 FISH AND GAME ACCOUNT FOR THE PAYMENT OF IDAHO STATE POLICE ENFORCING THE
10 FISH AND GAME LAWS OF THE STATE; AMENDING SECTION 36-1201, IDAHO CODE, TO
11 REQUIRE A HUNTING, FISHING OR TRAPPING LICENSE TO BE PRODUCED WHEN
12 REQUESTED BY AN IDAHO STATE POLICE OFFICER; AMENDING SECTION 36-1101,
13 IDAHO CODE, TO REQUIRE THE PRODUCTION OF THE PERMIT OR OTHER IDENTIFICA-
14 TION WHEN REQUESTED BY AN IDAHO STATE POLICE OFFICER AND TO PROVIDE IDAHO
15 STATE POLICE PRESENCE FOR CERTAIN ATTEMPTS; AMENDING SECTION 36-1301,
16 IDAHO CODE, TO PROVIDE FOR APPOINTMENT OF ENFORCEMENT PERSONNEL BY THE
17 DIRECTOR OF THE IDAHO STATE POLICE AND TO PROVIDE WHO MAY WEAR AN OFFICIAL
18 BADGE; AMENDING SECTION 59-1303, IDAHO CODE, TO PROVIDE THAT EMPLOYEES OF
19 THE IDAHO STATE POLICE SERVING IN A POSITION ENFORCING THE FISH AND GAME
20 LAWS ARE DEFINED AS PEACE OFFICERS; AMENDING SECTION 19-5116, IDAHO CODE,
21 TO PROVIDE FOR TRAINING OFFICERS OF THE IDAHO STATE POLICE ENFORCING FISH
22 AND GAME LAWS; AMENDING SECTION 38-133, IDAHO CODE, TO ALLOW IDAHO STATE
23 POLICE OFFICERS ENFORCING FISH AND GAME LAWS TO ENFORCE CERTAIN FORESTRY
24 LAWS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-2206, IDAHO
25 CODE, TO DELETE REFERENCE TO CONSERVATION OFFICERS OF THE DEPARTMENT OF
26 FISH AND GAME; PROVIDING AN EFFECTIVE DATE AND PROVIDING FOR THE TRANSFER
27 OF EMPLOYEES FROM THE DEPARTMENT OF FISH AND GAME TO THE IDAHO STATE
28 POLICE AND TO PROVIDE THE EFFECT ON COMMISSIONS ISSUED BY THE DIRECTOR OF
29 THE DEPARTMENT OF FISH AND GAME.
30 Be It Enacted by the Legislature of the State of Idaho:
31 SECTION 1. That Section 67-2902, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 67-2902. DIRECTOR AND DEPUTIES -- POWERS OF POLICE OFFICERS. (1) The
34 director of the Idaho state police and persons deputized by him as state
35 policemen officers are peace officers authorized to exercise within any county
36 the same powers as the sheriff thereof.
37 (2) The director of the Idaho state police shall employ a sufficient num-
38 ber of state police to enforce the fish and game laws of the state as provided
39 in title 36, Idaho Code, and rules promulgated pursuant thereto. The director
40 of the Idaho state police shall have the ability and power and duty to bill
41 the fish and game account for payment of state police enforcing the fish and
42 game laws of the state. The services and expenses of the state police incur-
43 red in the enforcement of the fish and game laws shall be paid from the fish
2
1 and game account.
2 SECTION 2. That Section 36-106, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 36-106. DIRECTOR OF DEPARTMENT OF FISH AND GAME. (a) Office of Director
5 Created. The commission shall appoint a director of the department of fish and
6 game, hereinafter referred to as the director, who shall be a person with
7 knowledge of, and experience in, the requirements for the protection, conser-
8 vation, restoration, and management of the wildlife resources of the state.
9 The director shall not hold any other public office, nor any office in any
10 political party organization, and shall devote his entire time to the service
11 of the state in the discharge of his official duties, under the direction of
12 the commission.
13 (b) Secretary to Commission. The director or his designee shall serve as
14 secretary to the commission.
15 (c) Compensation and Expenses. The director shall receive such compensa-
16 tion as the commission, with the concurrence and approval of the governor, may
17 determine and shall be reimbursed at the rate provided by law for state
18 employees for all actual and necessary traveling and other expenses incurred
19 by him in the discharge of his official duties.
20 (d) Oath and Bond. Before entering upon the duties of his office, the
21 director shall take and subscribe to the official oath of office, as provided
22 by section 59-401, Idaho Code, and shall, in addition thereto, swear and
23 affirm that he holds no other public office, nor any position under any polit-
24 ical committee or party. Such oath, or affirmation, shall be signed in the
25 office of the secretary of state.
26 The director shall be bonded to the state of Idaho in the time, form and
27 manner prescribed by chapter 8, title 59, Idaho Code.
28 (e) Duties and Powers of Director.
29 1. The director shall have general supervision and control of all activi-
30 ties, functions, and employees of the department of fish and game, under
31 the supervision and direction of the commission, and shall cooperate with
32 the director of the Idaho state police for enforcement of all the provi-
33 sions of the laws of the state, and rules and proclamations of the commis-
34 sion relating to wild animals, birds, and fish and, further, shall perform
35 all the duties prescribed by section 67-2405, Idaho Code, and other laws
36 of the state not inconsistent with this act, and shall exercise all neces-
37 sary powers incident thereto not specifically conferred on the commission.
38 2. The director is hereby authorized to appoint as many classified
39 employees as the commission may deem necessary to perform administrative
40 duties, to enforce the laws and to properly implement management, propaga-
41 tion, and protection programs established for carrying out the purposes of
42 the Idaho fish and game code in cooperation with the director of the Idaho
43 state police.
44 3. The appointment of such employees shall be made by the director in
45 accordance with chapter 53, title 67, Idaho Code, and rules promulgated
46 pursuant thereto, and they shall be compensated as provided therein. Said
47 employees shall be bonded to the state of Idaho in the time, form, and
48 manner prescribed by chapter 8, title 59, Idaho Code.
49 4. The director is hereby authorized to establish and maintain fish
50 hatcheries for the purpose of hatching, propagating, and distributing all
51 kinds of fish.
52 5. (A) The director, or any person appointed by him in writing to do
53 so, may take wildlife of any kind, dead or alive, or import the same,
3
1 subject to such conditions, restrictions and rules as he may provide,
2 for the purpose of inspection, cultivation, propagation, distribu-
3 tion, scientific or other purposes deemed by him to be of interest to
4 the fish and game resource of the state.
5 (B) The director shall have supervision over all of the matters per-
6 taining to the inspection, cultivation, propagation and distribution
7 of the wildlife propagated under the provisions of title 36, Idaho
8 Code. He shall also have the power and authority to obtain, by pur-
9 chase or otherwise, wildlife of any kind or variety which he may deem
10 most suitable for distribution in the state and may have the same
11 properly cared for and distributed throughout the state of Idaho as
12 he may deem necessary.
13 (C) The director is hereby authorized to issue a license/tag/permit
14 to a nonresident landowner who resides in a contiguous state for the
15 purpose of taking one (1) animal during an emergency depredation hunt
16 which includes the landowner's Idaho property subject to such condi-
17 tions, restrictions or rules as the director may provide. The fee for
18 this license/tag/permit shall be equal to the costs of a resident
19 hunting license, a resident tag fee and a resident depredation per-
20 mit.
21 (D) Notwithstanding the provisions of section 36-408, Idaho Code, to
22 the contrary, on and after the effective date of this act, the direc-
23 tor shall not expend any funds, or take any action, or authorize any
24 employee or agent of the department or other person to take any
25 action, to undertake actual transplants of bighorn sheep into areas
26 they do not now inhabit or to augment the number of bighorn sheep in
27 existing herds until:
28 (i) The boards of county commissioners of the counties in
29 which the release is proposed to take place have been given rea-
30 sonable notice of the proposed release.
31 (ii) The affected federal and state land grazing permittees and
32 owners or leaseholders of private land in or contiguous to the
33 proposed release site have been given reasonable notice of the
34 proposed release.
35 (iii) The president pro tempore of the senate and the speaker of
36 the house of representatives have received from the director a
37 plan for the forthcoming year that details, to the best of the
38 department's ability, the proposed transplants which shall
39 include the estimated numbers of bighorn sheep to be trans-
40 planted and a description of the areas the proposed transplant
41 or transplants are planned for.
42 Upon request, the department shall grant one (1) hearing per
43 transplant if any affected individual or entity expresses written
44 concern within ten (10) days of notification regarding any trans-
45 plants of bighorn sheep and shall take into consideration these con-
46 cerns in approving, modifying or canceling any proposed bighorn sheep
47 transplant. Any such hearing shall be held within thirty (30) days of
48 the request. Upon any transplant of bighorn sheep into areas they do
49 not now inhabit or a transplant to augment existing populations, the
50 department shall provide for any affected federal or state land graz-
51 ing permittees or owners or leaseholders of private land a written
52 letter signed by all federal, state and private entities responsible
53 for the transplant stating that the existing sheep or livestock oper-
54 ations in the area of any such bighorn sheep transplant are recog-
55 nized and that the potential risk, if any, of disease transmission
4
1 and loss of bighorn sheep when the same invade domestic livestock or
2 sheep operations is accepted.
3 6. (A) The director shall have the power, at any time when it is
4 desired to introduce any new species, or if at any time any species
5 of wildlife of the state of Idaho shall be threatened with excessive
6 shooting, trapping, or angling or otherwise, to close any open season
7 for such time as he may designate; in the event an emergency is
8 declared to exist such closure shall become effective forthwith upon
9 written order of the director; in all other cases upon publication
10 and posting as provided in section 36-105, Idaho Code.
11 (B) In order to protect property from damage by wildlife, the fish
12 and game commission may delegate to the director or his designee the
13 authority to declare an open season upon that particular species of
14 wildlife to reduce its population. The director or his designee
15 shall make an order embodying his findings in respect to when, under
16 what circumstances, in which localities, by what means, and in what
17 amounts, numbers and sex the wildlife subject to the hunt may be
18 taken. In the event an emergency is declared to exist such open sea-
19 son shall become effective forthwith upon written order of the direc-
20 tor or his designee; in all other cases upon publication and posting
21 as provided in section 36-105, Idaho Code.
22 (C) Any order issued under authority hereof shall be published in at
23 least one (1) newspaper of general circulation in the area affected
24 by the order for at least once a week for two (2) consecutive weeks,
25 and such order shall be posted in public places in each county as the
26 director may direct.
27 (D) During the closure of any open season or the opening of any spe-
28 cial depredation season by the director all provisions of laws relat-
29 ing to the closed season or the special depredation season on such
30 wildlife shall be in force and whoever violates any of the provisions
31 shall be subject to the penalties prescribed therefor.
32 (E) Prior to the opening of any special depredation hunt, the direc-
33 tor or his designee shall be authorized to provide up to a maximum of
34 fifty percent (50%) of the available permits for such big game to the
35 landholder(s) of privately owned land within the hunt area or his
36 designees. If the landholder(s) chooses to designate hunters, he must
37 provide a written list of the names of designated individuals to the
38 department. If the landholder(s) fails to designate licensed hunt-
39 ers, then the department will issue the total available permits in
40 the manner set by rule. All hunters must have a current hunting
41 license and shall have equal access to both public and private lands
42 within the hunt boundaries. It shall be unlawful for any
43 landholder(s) to receive any form of compensation from a person who
44 obtains or uses a depredation controlled hunt permit.
45 7. The director shall make an annual report to the governor, the legisla-
46 ture, and the secretary of state, of the doings and conditions of his
47 office, which report shall be made in accordance with section 67-2509,
48 Idaho Code.
49 8. The director may sell or cause to be sold publications and materials
50 in accordance with section 59-1012, Idaho Code.
51 9. Any deer, elk, antelope, moose, bighorn sheep or bison imported or
52 transported by the department of fish and game shall be tested for the
53 presence of certain communicable diseases that can be transmitted to
54 domestic livestock. Those communicable diseases to be tested for shall be
55 arrived at by mutual agreement between the department of fish and game and
5
1 the department of agriculture. Any moneys expended by the department of
2 fish and game on wildlife disease research shall be mutually agreed upon
3 by the department of fish and game and the department of agriculture.
4 In addition, a comprehensive animal health program for all deer, elk,
5 antelope, moose, bighorn sheep, or bison imported into, transported, or
6 resident within the state of Idaho shall be implemented after said program
7 is mutually agreed upon by the department of fish and game and the depart-
8 ment of agriculture.
9 In order to enhance and protect the health of wildlife within the
10 state, as well as safeguard the health of livestock resources, the direc-
11 tor of the department of agriculture shall employ at least one (1) veteri-
12 narian licensed in Idaho whose duties shall include, but not be limited
13 to, addressing wildlife disease issues and coordinating disease prevention
14 work between the department of fish and game and the department of agri-
15 culture. The employing of said veterinarian shall be by mutual agreement
16 of the director of the department of fish and game and of the director of
17 the department of agriculture. The veterinarian shall be on the staff of
18 the division of animal industries, department of agriculture. The salary
19 or compensation to be paid said veterinarian or veterinarians shall be
20 divided equally between the department of fish and game and the department
21 of agriculture, and the department of fish and game's portion shall be
22 deposited directly into the livestock disease control account. The veteri-
23 narian shall be employed on and after July 1, 1989.
24 10. In order to monitor and evaluate the disease status of wildlife and to
25 protect Idaho's livestock resources, any suspicion by fish and game per-
26 sonnel of a potential communicable disease process in wildlife shall be
27 reported within twenty-four (24) hours to the department of agriculture.
28 All samples collected for disease monitoring or disease evaluation of
29 wildlife shall be submitted to the division of animal industries, depart-
30 ment of agriculture.
31 11. (A) The director is authorized to enter into an agreement with an
32 independent contractor for the purpose of providing a telephone order
33 and credit card payment service for controlled hunt permits,
34 licenses, tags, and permits.
35 (B) The contractor may collect a fee for its service in an amount to
36 be set by contract.
37 (C) All moneys collected for the telephone orders of such licenses,
38 tags, and permits shall be and remain the property of the state, and
39 such moneys shall be directly deposited by the contractor into the
40 state treasurer's account in accordance with the provisions of sec-
41 tion 59-1014, Idaho Code. The contractor shall furnish a good and
42 sufficient surety bond to the state of Idaho in an amount sufficient
43 to cover the amount of the telephone orders and potential refunds.
44 (D) The refund of moneys for unsuccessful controlled hunt permit
45 applications and licenses, tags, and permits approved by the depart-
46 ment may be made by the contractor crediting the applicant's or
47 licensee's credit card account.
48 12. The director may define activities or facilities that primarily pro-
49 vide a benefit: to the department; to a person; for personal use; to a
50 commercial enterprise; or for a commercial purpose.
51 SECTION 3. That Section 36-107, Idaho Code, be, and the same is hereby
52 amended to read as follows:
53 36-107. FISH AND GAME ACCOUNT. (a) The director shall promptly transmit
6
1 to the state treasurer all moneys received by him, from the sale of hunting,
2 fishing and trapping licenses, tags and permits or from any other source con-
3 nected with the administration of the provisions of the Idaho fish and game
4 code or any law or regulation for the protection of wildlife, including moneys
5 received from the sale of predatory animal furs taken under the provisions of
6 this chapter, and the state treasurer shall deposit all such moneys in the
7 fish and game account, which is hereby established, reserved, set aside,
8 appropriated in the state treasury, and made available until expended as may
9 be directed by the commission in carrying out the purposes of the Idaho fish
10 and game code or any law or regulation promulgated for the protection of wild-
11 life, and shall be used for no other purpose. The department is authorized to
12 expend moneys from the account for payment of Idaho state police officers
13 enforcing the fish and game laws of the state upon presentation to the direc-
14 tor of the department of fish and game proper vouchers from the director of
15 the Idaho state police. Pending expenditure or use, surplus moneys in the fish
16 and game account shall be invested by the state treasurer in the manner pro-
17 vided for idle state moneys in the state treasury by section 67-1210, Idaho
18 Code. Interest received on all such investments shall be paid into the
19 account. The state controller shall annually, by August 1 of each year, trans-
20 fer the sum of one hundred thousand dollars ($100,000) from the fish and game
21 account to the University of Idaho Caine Veterinary Teaching and Research Cen-
22 ter for disease research regarding the interaction of disease between wildlife
23 and domestic livestock. Said moneys shall be expended on projects agreed upon
24 by the University of Idaho Caine Veterinary Teaching and Research Center and
25 the state wildlife veterinarian.
26 (b) The commission shall govern the financial policies of the department
27 and shall, as provided by law, fix the budget for the operation and mainte-
28 nance of its work for each fiscal year. Said budget shall not be exceeded by
29 the director.
30 (c) The sum of two dollars ($2.00) from each license authorized in sec-
31 tions 36-406(a) and 36-407(b), Idaho Code, which entitle a person to fish,
32 shall be used for the construction, repair, or rehabilitation of state fish
33 hatcheries, fishing lakes, or reservoirs.
34 (d) The department is authorized to expend up to one dollar and fifty
35 cents ($1.50) from each resident deer and elk tag sold and five dollars
36 ($5.00) from each nonresident deer and elk tag sold to fund the department's
37 big game landowner-sportsman's relations program.
38 SECTION 4. That Section 36-1201, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 36-1201. PRODUCTION OF WILDLIFE FOR INSPECTION -- STOP AT CHECKING STA-
41 TIONS -- LICENSE MUST BE ON PERSON. No fisherman, hunter or trapper shall
42 refuse or fail to:
43 (a) Inspection of Wildlife. Upon request of the director, produce for
44 inspection any wildlife in his possession.
45 (b) Check Stations. Stop and report at a wildlife check station encoun-
46 tered on his route of travel when directed to do so by personnel on duty. Such
47 direction may be accomplished by signs prominently displayed along the route
48 of travel indicating those persons required to stop.
49 (c) License to be Carried and Exhibited on Request. Have the proper
50 required license, temporary license, authorization number or other information
51 required by rule, on his person at all times when hunting, fishing or trapping
52 and produce the same for inspection upon request of a conservation an Idaho
53 state police officer or any other person authorized to enforce fish and game
7
1 laws. However, no person charged with violating this subsection shall be con-
2 victed if he produces in court a license, theretofore issued to him and valid
3 at the time of his arrest.
4 SECTION 5. That Section 36-1101, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 36-1101. TAKING OF WILDLIFE UNLAWFUL EXCEPT BY STATUTE OR COMMISSION RULE
7 OR PROCLAMATION -- METHODS PROHIBITED -- EXCEPTIONS. (a) It is unlawful,
8 except as may be otherwise provided by Idaho law, including this title or com-
9 mission rules or proclamations promulgated pursuant thereto, for any person to
10 take any of the game animals, birds or fur-bearing animals of this state.
11 (b) Except as may be otherwise provided under this title or commission
12 rules or proclamations promulgated pursuant thereto, it is unlawful for any
13 person to:
14 1. Hunt from Motorized Vehicles. Hunt any of the game animals or game
15 birds of this state from or by the use of any motorized vehicle except as
16 provided by commission rule; provided however, that the commission shall
17 promulgate rules which shall allow a physically handicapped person to
18 apply for a special permit which would allow the person to hunt from a mo-
19 torized vehicle which is not in motion. A physically handicapped person
20 means a person:
21 (A) Who has lost, or has lost the use of, one (1) or both lower
22 extremities or both hands, or who has significant limitation in the
23 use of the lower extremities, or who has a diagnosed disease or dis-
24 order which substantially impairs or interferes with mobility, or who
25 is so severely disabled as to be unable to move without the aid of an
26 assistance device.
27 (B) Who suffers from lung disease to the extent that his forced
28 (respiratory) expiratory volume for one (1) second when measured by
29 spirometry is less than one (1) liter or his arterial oxygen tension
30 ( ) is less than 60 mm/Hg on room air at rest.
31 (C) Who is impaired by cardiovascular disease to the extent that his
32 functional limitations are classified in severity as class III or
33 class IV according to standards accepted by the American Heart Asso-
34 ciation.
35 The commission shall specify the form of application for and design of the
36 special permit which shall allow a physically handicapped person to hunt from
37 a motorized vehicle which is not in motion. No fee shall be charged for the
38 issuance of the special permit and the issuance of a special permit shall not
39 exempt a person from otherwise properly purchasing or obtaining other neces-
40 sary licenses, permits and tags in accordance with this title and rules pro-
41 mulgated pursuant thereto. The special permit shall not be transferable and
42 may only be used by the person to whom it is issued. A person who has been
43 issued a special permit which allows a physically handicapped person to hunt
44 from a motorized vehicle not in motion shall have that permit prominently dis-
45 played on any vehicle the person is utilizing to hunt from and the person
46 shall produce, on demand, the permit and other identification when so
47 requested by a conservation an Idaho state police officer. of the department
48 of fish and game. A person possessing a special permit shall not discharge any
49 firearm from or across a public highway. In addition to other penalties any
50 unauthorized use of the special permit shall be grounds for revocation of the
51 permit.
52 2. Molest with Motorized Vehicles. Use any motorized vehicle to molest,
53 stir up, rally or drive in any manner any of the game animals or game
8
1 birds of this state.
2 3. Communicate from Aircraft. Make use of aircraft in any manner to spot
3 or locate game animals, game birds or fur-bearing animals of this state
4 from the air and communicate the location or approximate location thereof
5 by any signals whatsoever, whether radio, visual or otherwise, to any per-
6 son then on the ground.
7 4. Hunt from Helicopter. Make use of any helicopter in any manner in the
8 taking of game or loading, transporting, or unloading hunters, game or
9 hunting gear in any manner except when such use is at recognized airports
10 or airplane landing fields, or at heliports which have been previously
11 established on private land or which have been established by a department
12 or agency of the federal, state or local government or when said use is in
13 the course of emergency or search and rescue operations.
14 5. Artificial Light. Hunt any animal or bird except raccoon by the aid of
15 a spotlight, flashlight or artificial light of any kind. The act of cast-
16 ing or throwing, after sunset, the beam or rays of any spotlight, head-
17 light or other artificial light capable of utilizing six (6) volts or more
18 of electrical power upon any field, forest or other place by any person
19 while having in his possession or under his control any uncased firearm or
20 contrivance capable of killing any animal or bird, shall be prima facie
21 evidence of hunting with an artificial light. Provided nothing in this
22 subsection shall apply where the headlights of a motor vehicle, operated
23 and proceeding in a normal manner on any highway or roadway, cast a light
24 upon animals or birds on or adjacent to such highway or roadway and there
25 is no intent or attempt to locate such animals or birds. Provided further,
26 nothing in this subsection shall prevent the hunting of unprotected or
27 predatory wildlife with the aid of artificial light when such hunting is
28 for the purpose of protecting property or livestock, is done by landowners
29 or persons authorized in writing by them to do so and is done on property
30 they own, lease or control; and provided further that the hunting and tak-
31 ing of unprotected or predatory wildlife with the aid of artificial light
32 on public lands is authorized after obtaining a permit to do so from the
33 director. The director may, for good cause, refuse to issue such permit.
34 Other provisions of this subsection notwithstanding, the commission may
35 establish rules allowing the hunting of raccoon with the aid of an artifi-
36 cial light.
37 6. Regulation of Dogs.
38 (A) No person shall make use of a dog for the purpose of pursuing,
39 taking or killing any of the big game animals of this state except as
40 otherwise provided by rules of the commission.
41 (B) Any person who is the owner of, or in possession of, or who har-
42 bors any dog found running at large and which is actively tracking,
43 pursuing, harassing or attacking, or which injures or kills deer or
44 any other big game animal within this state shall be guilty as pro-
45 vided in section 36-1401(a)1.(F), Idaho Code. It shall be no defense
46 that such dog or dogs were pursuing said big game animals without the
47 aid or direction of the owner, possessor, or harborer.
48 (C) Any dog found running at large and which is actively tracking,
49 pursuing, harassing, attacking or killing deer or any other big game
50 animal may be destroyed without criminal or civil liability by the
51 director, or any peace officer, or other persons authorized to
52 enforce the Idaho fish and game laws.
53 7. Attempt to take Simulated Wildlife.
54 (A) Attempt to take, by firearm or any other contrivance capable of
55 killing an animal or bird, simulated wildlife in violation of any of
9
1 the provisions of this title or commission rules applicable to the
2 taking of the wildlife being simulated, when the simulated wildlife
3 is being used by a conservation an Idaho state police officer or
4 other person authorized to enforce Idaho fish and game laws or rules
5 promulgated pursuant thereto. No person shall be found guilty of vio-
6 lating this subpart provided that no other law or rule has been vio-
7 lated.
8 (B) Any person pleading guilty to, convicted of or found guilty for
9 attempting to take simulated wildlife within this state shall be
10 guilty of a misdemeanor and shall be punished as provided in either
11 subsection (b) or (d) of section 36-1402, Idaho Code.
12 SECTION 6. That Section 36-1301, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 36-1301. POWER AND DUTY OF OFFICERS -- OFFICIAL BADGE -- WHO MAY WEAR --
15 SEPARABILITY. (a) Authorized Officers. The director, all conservation Idaho
16 state police officers and other classified department employees appointed by
17 the director of the Idaho state police, and all sheriffs, deputy sheriffs,
18 forest supervisors, marshals, police officers, state forest department offi-
19 cers, and national forest rangers shall have statewide jurisdiction and it is
20 hereby made their duty to enforce the provisions of the Idaho fish and game
21 code.
22 (b) Authority and Limitations as Peace Officers. All conservation Idaho
23 state police officers who receive certification from the Idaho peace officer
24 standards and training advisory council shall have all the authority given by
25 statute to peace officers of the state of Idaho. All other classified employ-
26 ees appointed by the director of the Idaho state police shall have the power
27 of peace officers limited to:
28 1. The enforcement of the provisions of title 36, Idaho Code, and commis-
29 sion rules and proclamations promulgated pursuant thereto.
30 2. The arrest of persons having domestic animals unlawfully in their pos-
31 session.
32 3. The enforcement of the provisions of chapter 70, title 67, Idaho Code,
33 provided that such authority is exercised in cooperation with sheriffs of
34 the respective counties.
35 4. Responding to express requests from other law enforcement agencies for
36 aid and assistance in enforcing other laws. For purposes of this section,
37 such a request from a law enforcement agency shall mean only a request for
38 assistance as to a particular and singular violation or suspicion of
39 violation of law, and shall not constitute a continuous request for assis-
40 tance outside the purview of enforcement of title 36, Idaho Code.
41 (c) Additional Authority and Duties. Said officers and employees shall
42 have additional peace officer power, but not constituting an obligation beyond
43 their regular course of duty, relative to:
44 1. The enforcement of the provisions of title 38, Idaho Code (Idaho for-
45 estry act), as authorized by section 38-133, Idaho Code.
46 2. The enforcement of provisions of chapter 71, title 67, Idaho Code.
47 3. The enforcement of the provisions of sections 18-3906 and 18-7031,
48 Idaho Code, relating to littering.
49 4. The enforcement of the provisions of section 42-3811, Idaho Code,
50 relating to the enforcement of certain provisions of chapter 38, title 42,
51 Idaho Code.
52 (d) Official Badge -- Who May Wear. No person who is not at the time a
53 classified employee or conservation Idaho state police officer, duly autho-
10
1 rized and commissioned by the director of the Idaho state police, shall wear
2 or exhibit in public an official badge of the Department of Fish and Game of
3 the state of Idaho state police.
4 SECTION 7. That Section 59-1303, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 59-1303. ADDITIONAL DEFINITIONS FOR POLICE OFFICER STATUS. (1) As used in
7 this chapter, each of the terms defined in this section shall have the meaning
8 given in this section unless a different meaning is clearly required by the
9 context.
10 (2) Police officer membership status for retirement purposes may be fixed
11 only by law, or by order of the retirement board.
12 (3) Members holding or filling the following positions or offices are
13 designated by law as police officer members for retirement purposes during the
14 time of their appointment to that position or during their term of office:
15 (a) (i) The director and deputy director of the Idaho state police.
16 (ii) Commissioned personnel of the Idaho state police holding posi-
17 tions which involve active law enforcement services, for which cur-
18 rent POST certification is required to continue in employment in the
19 position, POST instructors, and Idaho state police training instruc-
20 tors.
21 (iii) Brand inspectors and brand inspector supervisors.
22 (iv) Employees of the Idaho state police serving in positions of
23 personnel management, accounting, data processing, clerical services
24 and in like general classifications found in departments throughout
25 state government and not within the scope of active law enforcement
26 service are not eligible for police officer member status.
27 (b) (i) County sheriffs;
28 (ii) Deputy county sheriffs holding positions for which current POST
29 certification is necessary to continue in employment in the position,
30 the principal duties of which are active law enforcement service;
31 deputy county sheriffs holding positions which require accountability
32 for the safety and safekeeping of persons confined in a city or
33 county confinement facility or whose duties require active participa-
34 tion in county law enforcement activities pertaining to crime preven-
35 tion or reduction; deputy sheriffs, even though POST certified or
36 required to be POST certified, holding positions whose principal
37 full-time duties are those of a telephone operator, clerk, stenogra-
38 pher, animal control officer, records specialist, or duties not
39 within the scope of active law enforcement service are not eligible
40 for police officer member status.
41 (c) (i) City police chiefs;
42 (ii) City police officers holding positions for which current POST
43 certification is necessary to continue in employment in the position,
44 the principal duties of which are active law enforcement service;
45 city police officers holding positions which require accountability
46 for the safety and safekeeping of persons confined in a city or
47 county confinement facility or whose duties require active participa-
48 tion in city law enforcement activities pertaining to crime preven-
49 tion or reduction; police officers, even though POST certified or
50 required to be POST certified, holding positions whose principal
51 full-time duties are those of a telephone operator, clerk, stenogra-
52 pher, animal control officer, records specialist, or duties not
53 within the scope of active law enforcement service are not eligible
11
1 for police officer member status.
2 (d) Employees of the department of fish and game Idaho state police serv-
3 ing in a conservation officer position enforcing the fish and game laws
4 for which current POST certification is necessary to continue in employ-
5 ment in that position. and which position has as its primary accountabil-
6 ity the enforcement of wildlife protection laws and regulations.
7 (e) (i) The director of the department of correction, the deputy direc-
8 tor for probation and parole, and wardens of institutions;
9 (ii) Employees of the department of correction accountable for the
10 custody, safety, safekeeping or supervision of persons confined in a
11 department confinement facility and whose work station is located
12 within the confinement facility;
13 (iii) Probation and parole supervisors, probation and parole investi-
14 gators, and probation and parole officers;
15 (iv) Correctional peace officer training instructors;
16 (v) Employees of the department of correction serving in positions
17 of personnel management, accounting, data processing, clerical ser-
18 vices and in like general classifications found in departments
19 throughout state government and not within the scope of active law
20 enforcement service are not eligible for police officer member sta-
21 tus.
22 (f) Employees of the adjutant general and military division of the state
23 where military membership is a condition of employment.
24 (g) Magistrates of the district court; justices of the supreme court,
25 judges of the court of appeals, and district judges who have made an elec-
26 tion under section 1-2011, Idaho Code; and court employees designated by
27 court order to have primary responsibility for court security or transpor-
28 tation of prisoners.
29 (h) Paramedics and paramedic trainees.
30 (i) Criminal investigators of the attorney general's office, and criminal
31 investigators of a prosecuting attorney's office.
32 (j) The director of security and the criminal investigators of the Idaho
33 state lottery.
34 (4) A member may be designated by the retirement board as a police offi-
35 cer member for retirement purposes if the position held is one in which the
36 principal duties involve hazardous law enforcement duties.
37 (a) For purposes of this section, "hazardous law enforcement duties"
38 means principal duties which:
39 (i) Will reasonably expect to increase the probability of early
40 superannuation;
41 (ii) Are associated with life-threatening risk or present a position
42 of peril either to the member or to others, or which can place the
43 public safety in jeopardy; and
44 (iii) Either compel others to observe the law, pertain to crime pre-
45 vention, or pertain to crime reduction, including police, courts,
46 prosecution, correction, or rehabilitation.
47 (b) If continued employment in a position is conditioned on maintaining
48 current POST certification, such condition shall be evidence to be consid-
49 ered that the employee is a police officer member for retirement purposes.
50 (i) After July 1, 1999, a requirement for POST certification for
51 classified state employees may be made only by the administrator of
52 the division of human resources pursuant to chapter 53, title 67,
53 Idaho Code.
54 (c) Occasional assignments to hazardous law enforcement duties do not
55 create a condition for designation as a police officer member for retire-
12
1 ment purposes.
2 (5) Any employer or agency that believes that any employee, not specifi-
3 cally designated as a police officer by law, is incorrectly classified as a
4 nonpolice officer member, may petition the retirement board for inclusion of
5 that employee's position as one to be filled by a police officer member for
6 retirement purposes. The petition shall be in writing and shall explain in
7 detail the principal duties of the position and include written evidence which
8 establishes that the criteria of subsection (4) are met. The board shall
9 review the petition and evidence, together with such information and evidence
10 as may be presented by the staff of the retirement system. The board may
11 decide the matter based upon the information supplied, may request additional
12 information, or may request an oral presentation before the board. The deci-
13 sion of the board shall be final, but a similar petition may be resubmitted
14 after six (6) months.
15 (6) On and after July 1, 1985, no active member shall be classified as a
16 police officer for retirement purposes unless the employer shall have certi-
17 fied to the board, on a form provided by the board, that such member is an
18 employee whose primary position with the employer is one designated as such
19 within the meaning of this chapter, and the board shall have accepted such
20 certification. Acceptance by the board of an employer's certification shall in
21 no way limit the board's right to review and reclassify the position for
22 retirement purposes based upon an audit or other relevant information pre-
23 sented to the board.
24 (7) An active member classified as a police officer for retirement pur-
25 poses whose position is reclassified to that of a general member for retire-
26 ment purposes as a result of a determination that the position does not meet
27 the requirements of this chapter for police officer status for retirement pur-
28 poses shall become a general member but shall not lose retirement benefits
29 earned and accrued prior to the reclassification. If that member continues to
30 be employed in that same position until retired, that member then will be
31 deemed to be a police officer member for the purposes of retirement eligibil-
32 ity.
33 SECTION 8. That Section 19-5116, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 19-5116. PEACE OFFICERS STANDARDS AND TRAINING FUND. (a) There is hereby
36 established in the state treasury, the peace officers standards and training
37 fund. All moneys deposited to the fund shall be expended by the peace officers
38 standards and training council for the following purposes:
39 (1) Training peace officers, county detention officers, and self-
40 sponsored students, within the state of Idaho, including, but not limited
41 to, sheriffs and their deputies, officers of the Idaho state police and
42 conservation officers of the Idaho department of fish and game state
43 police enforcing fish and game laws, and city and county prosecutors and
44 their deputies;
45 (2) Salaries, costs and expenses relating to such training as provided in
46 subsection (1) of this section;
47 (3) Such capital expenditures as the peace officers standards and train-
48 ing council may provide, for the acquisition, construction and/or improve-
49 ment of a peace officers standards and training academy; and
50 (4) Such expenditures as may be necessary to aid approved peace officers
51 training programs or county detention officer programs certified as having
52 met the standards established by the peace officers standards and training
53 council.
13
1 (b) The peace officers standards and training fund shall be funded as
2 provided in section 31-3201B, Idaho Code.
3 (c) All contributions and other moneys and appropriations which are des-
4 ignated for peace officers standards and training shall be deposited in the
5 peace officers standards and training fund.
6 (d) Moneys received into the fund as provided in subsection (c) of this
7 section, shall be accounted for separately.
8 (e) If the fiscal year-end balance in the fund pursuant to section
9 31-3201B, Idaho Code, exceeds one million dollars ($1,000,000) the excess
10 shall revert to the general fund.
11 SECTION 9. That Section 38-133, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 38-133. OFFICERS CHARGED WITH ENFORCEMENT. The director of the department
14 of lands and his assistants, fire wardens, conservation Idaho state police
15 officers enforcing fish and game laws, and their deputies and all other peace
16 officers of the state are hereby charged with the enforcement of the criminal
17 provisions of this chapter and shall have full power and it shall be their
18 duty to arrest with or without warrant any person found violating any of the
19 provisions of this chapter or rules and regulations of the state board of land
20 commissioners after notice made pursuant hereto and take him before a magis-
21 trate and make complaint, and when any such officer shall have information
22 that such violation has been committed he shall make similar complaint.
23 The authority of the fire wardens respecting the control or suppression of
24 forest fires, summoning help or making arrests for violation of this chapter
25 or rules and regulations of the board may extend to any adjacent district or
26 to any part of the state in times of great fire danger, providing that in case
27 of conflict of authority resulting therefrom, the fire warden in whose dis-
28 trict the fire is located shall have ultimate control. In emergencies fire
29 wardens may commandeer tools, supplies and equipment and may employ able-bod-
30 ied persons or compel assistance of able-bodied persons and neither the state
31 board of land commissioners, the director, or his delegates, fire wardens or
32 deputy fire wardens, shall be liable to civil action for trespass committed in
33 the discharge of their duties; provided, that in performing their duties they
34 exercise reasonable care to avoid doing unnecessary damage.
35 SECTION 10. That Section 49-2206, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 49-2206. ENFORCEMENT. (1) The provisions of this chapter and any rules
38 adopted under it shall be enforced anywhere in the state by an authorized
39 agent of the director or by any peace officer, except for conservation offi-
40 cers of the department of fish and game. Such authorized officers may detain
41 and inspect any sealed or unsealed vehicle, container, or shipment which con-
42 tains or which they have reason to believe contains hazardous material or
43 wastes while in transit or in maintenance facilities or terminals, or on other
44 public or private property to which the public has access, to ascertain if
45 hazardous materials or wastes are being loaded, unloaded, stored or trans-
46 ported, and to inspect the contents, take samples thereof, and to otherwise
47 insure compliance with the provisions of this chapter and of all rules adopted
48 under section 67-2901A, Idaho Code, or chapter 44, title 39, Idaho Code. If a
49 seal is opened for inspection, the inspecting officer shall reseal any vehi-
50 cle, container or shipment prior to further transportation. Property used in
51 violation of the laws may be seized and used as evidence.
14
1 (2) For the purposes of this chapter and chapter 44, title 39, Idaho
2 Code, the transporter is responsible for the cleanup of any hazardous
3 material/hazardous waste discharge in, on and outside the vehicle, or any
4 one (1) or more of such locations, that occurs during transportation and must
5 take such action as may be required so that the discharge no longer presents a
6 hazard to public health, safety, or the environment.
7 (3) The board is authorized to suspend or revoke any permit or endorse-
8 ment issued pursuant to this chapter if it is determined that any material
9 provision of the permit or endorsement has been violated or if the driver,
10 owner, lessee, or custodian of a permitted vehicle has been convicted of two
11 (2) or more violations within a calendar year of any combination of statutes
12 or rules relative to hazardous materials or hazardous waste. In any action to
13 suspend or revoke, the board shall comply with the procedures specified in
14 chapter 52, title 67, Idaho Code. Should the board have reasonable cause to
15 believe that there exists any immediate danger to the public health, safety or
16 environment, it may issue an emergency order suspending any permit or endorse-
17 ment granted under this chapter for a reasonable period not to exceed fourteen
18 (14) days.
19 SECTION 11. This act shall be in full force and effect on and after July
20 1, 2003. All employees employed by the Department of Fish and Game as Conser-
21 vation Officers or who have been commissioned by the Director of the Depart-
22 ment of Fish and Game to enforce the fish and game laws of this state on June
23 30, 2003, shall be transferred to the Idaho State Police and shall be deemed
24 to be employees of the Idaho State Police on July 1, 2003. All commissions
25 issued by the Director of the Department of Fish and Game to employees of the
26 Department of Fish and Game for enforcement of fish and game laws shall con-
27 tinue to be in temporary effect until October 1, 2003, at which time the
28 Director of the Idaho State Police must issue new commissions for those
29 employees to have any law enforcement authority.
STATEMENT OF PURPOSE
RS 12999
This legislation would amend Idaho Code 67-2902 to provide that the
State Police would be charged with the duty of enforcing fish and game
laws and to provide that the Fish and Game is to cooperate with the
Idaho State Police in the enforcement of such game laws.
Furthermore, this bill provides that fish and game officers serving
under the State Police are peace officers and that they will be trained
in fish and game laws.
This bill also eliminates conservation officers in the Department of
Fish and Game and makes several technical corrections.
FISCAL IMPACT
The State of Idaho would suffer no fiscal impact from this legislation.
Contact
Name: Rep. John L. Campbell, District 1
Phone: (208)-332-1260
STATEMENT OF PURPOSE/FISCAL NOTE H 277