2004 Legislation
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SENATE BILL NO. 1229 – F&G Comm, meetings


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Bill Status

S1229..........................................by RESOURCES AND ENVIRONMENT
FISH AND GAME COMMISSION - Amends existing law to revise provisions
relating to regular quarterly meetings of the Fish and Game Commission.
01/26    Senate intro - 1st rdg - to printing
01/27    Rpt prt - to Res/Env
02/03    Rpt out - rec d/p - to 2nd rdg
02/04    2nd rdg - to 3rd rdg
02/05    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
      Schroeder, Sorensen(Sorensen), Stegner, Stennett, Sweet, Werk,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Brandt
    Title apvd - to House
02/06    House intro - 1st rdg - to Res/Con
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/23    3rd rdg - PASSED - 70-0-0
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Langhorst
    Title apvd - to Senate
02/24    To enrol
02/25    Rpt enrol - Pres signed
02/26    Sp signed
02/27    To Governor
03/04    Governor signed
         Session Law Chapter 17
         Effective: 07/01/04

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                       IN THE SENATE
                                    SENATE BILL NO. 1229
  1                                        AN ACT
  4        MISSION.
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION  1.  That  Section  36-104, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
  8        36-104.  GENERAL POWERS AND DUTIES  OF  COMMISSION.  (a)  Organization  --
  9    Meetings.  The  members of the commission shall annually meet at their offices
 10    and organize by electing from their membership  a  chairman,  who  shall  hold
 11    office  for  a  period  of  one (1) year, or until his successor has been duly
 12    elected. In addition to the regular annual meeting, to  be  held  in  January,
 13    said commission shall hold other regular quarterly meetings in April, July and
 14    October  of  each year at such places within the state as the commission shall
 15    select for the transaction of business. Special meetings may be called at  any
 16    time and place by the chairman or a majority of the members of the commission.
 17    Notice of the time, place and purpose of any and all special meetings shall be
 18    given by the secretary to each member of the commission prior to said meeting.
 19        (b)  Authorization  for  Commission  Powers and Duties. For the purpose of
 20    administering the policy as declared in section 36-103, Idaho Code,  the  com-
 21    mission is hereby authorized and empowered to:
 22        1.  Investigate  and  find facts regarding the status of the state's wild-
 23        life populations in order to give effect to the policy of the state  here-
 24        inbefore announced.
 25        2.  Hold  hearings  for the purpose of hearing testimony, considering evi-
 26        dence and determining the facts as to when the supply of any of the  wild-
 27        life  in this state will be injuriously affected by the taking thereof, or
 28        for the purpose of determining when an open season may be declared for the
 29        taking of wildlife. Whenever said commission determines that the supply of
 30        any particular species of wildlife is being, or will be, during  any  par-
 31        ticular  period  of  time, injuriously affected by depletion by permitting
 32        the same to be taken, or if it should find a longer or  different  season,
 33        or  different  bag  limit  should  be  adopted  for  the better protection
 34        thereof, or if it finds that an open season may be declared without endan-
 35        gering the supply thereof, then it  shall  make  a  rule  or  proclamation
 36        embodying  its  findings  in respect to when, under what circumstances, in
 37        which localities, by what means, what sex, and in what amounts and numbers
 38        the wildlife of this state may be taken.
 39        3.  Whenever it finds it necessary for the  preservation,  protection,  or
 40        management  of  any wildlife of this state, by reason of any act of God or
 41        any other sudden or unexpected emergency, declare  by  temporary  rule  or
 42        proclamation  the  existence of such necessity, and the cause thereof, and
 43        prescribe and designate all affected areas or streams, and close the  same
  1        to  hunting,  angling  or trapping, or impose such restrictions and condi-
  2        tions upon hunting, angling or trapping as said commission shall  find  to
  3        be  necessary.  Every such temporary rule shall be made in accordance with
  4        the provisions of chapter 52, title 67, Idaho Code.
  5        4.  At any time it shall deem necessary for the proper management of wild-
  6        life on any game preserve in the state of Idaho, declare an open season in
  7        any game preserve as it deems appropriate.
  8        5.   (A)  Upon notice to the public,  hold  a  public  drawing  giving  to
  9             license holders, under the wildlife laws of this state, the privilege
 10             of drawing by lot for a controlled hunt permit authorizing the person
 11             to  whom issued to hunt, kill, or attempt to kill any species of wild
 12             animals or birds designated by the commission under such rules as  it
 13             shall prescribe.
 14             (B)  The  commission may, under rules or proclamations as it may pre-
 15             scribe, authorize the director to issue  additional  controlled  hunt
 16             permits  and collect fees therefor authorizing landowners of property
 17             valuable for habitat or propagation purposes of deer,  elk  or  ante-
 18             lope,  or  the  landowner's  designated agent(s) to hunt deer, elk or
 19             antelope in controlled hunts containing the eligible  property  owned
 20             by those landowners in units where any permits for deer, elk or ante-
 21             lope are limited.
 22             (C)  A  nonrefundable fee as specified in section 36-416, Idaho Code,
 23             shall be charged each applicant for a controlled  hunt  permit.  Suc-
 24             cessful  applicants  for controlled hunt permits shall be charged the
 25             fee as specified in section 36-416, Idaho Code. Additionally,  a  fee
 26             may  be  charged  for  telephone and credit card orders in accordance
 27             with subsection (e)11. of section 36-106, Idaho Code. The  department
 28             shall  include  a  checkoff form to allow applicants to designate one
 29             dollar ($1.00) of such nonrefundable application fee for  transmittal
 30             to  the reward fund of citizens against poaching, inc., an Idaho non-
 31             profit corporation. The net proceeds from the nonrefundable fee shall
 32             be deposited in the fish and game account and none of  the  net  pro-
 33             ceeds shall be used to purchase lands.
 34        6.  Adopt rules pertaining to the importation, exportation, release, sale,
 35        possession  or  transportation  into, within or from the state of Idaho of
 36        any species of live, native or exotic wildlife or any eggs thereof.
 37        7.  Acquire for and on behalf of the state of Idaho, by purchase,  condem-
 38        nation,  lease, agreement, gift, or other device, lands or waters suitable
 39        for the purposes hereinafter enumerated in this  paragraph.  Whenever  the
 40        commission  proposes to purchase a tract of land in excess of fifteen (15)
 41        acres, the commission shall notify the board of  county  commissioners  of
 42        the county where this land is located of the intended action. The board of
 43        county  commissioners shall have ten (10) days after official notification
 44        to notify the commission whether or not they desire the commission to hold
 45        a public hearing on the intended purchase in the  county.  The  commission
 46        shall  give serious consideration to all public input received at the pub-
 47        lic hearing before making a final decision on  the  proposed  acquisition.
 48        Following  any  land purchase, the fish and game commission shall provide,
 49        upon request by the board of  county  commissioners,  within  one  hundred
 50        twenty  (120)  days,  a  management plan for the area purchased that would
 51        address noxious weed control, fencing, water management and  other  impor-
 52        tant  issues raised during the public hearing. When considering purchasing
 53        lands pursuant to this paragraph, the commission shall first make  a  good
 54        faith  attempt  to  obtain a conservation easement, as provided in chapter
 55        21, title 55, Idaho Code, before it may  begin  proceedings  to  purchase,
  1        condemn  or otherwise acquire such lands. If the attempt to acquire a con-
  2        servation easement is unsuccessful  and  the  commission  then  purchases,
  3        condemns  or  otherwise acquires the lands, the commission shall record in
  4        writing the reasons why the attempt at acquiring the conservation easement
  5        was unsuccessful and then file the same in its records and in a report  to
  6        the joint finance-appropriations committee. The commission shall  develop,
  7        operate, and maintain the lands, waters or conservation easements for said
  8        purposes, which are hereby declared a public use:
  9             (A)  For  fish hatcheries, nursery ponds, or game animal or game bird
 10             farms;
 11             (B)  For game, bird, fish or fur-bearing animal restoration, propaga-
 12             tion or protection;
 13             (C)  For public hunting, fishing or trapping areas to provide  places
 14             where  the public may fish, hunt, or trap in accordance with the pro-
 15             visions of law, or the regulation of the commission;
 16             (D)  To extend and consolidate by exchange, lands or waters  suitable
 17             for the above purposes.
 18        8.  Enter  into  cooperative agreements with educational institutions, and
 19        state, federal, or other agencies to  promote  wildlife  research  and  to
 20        train students for wildlife management.
 21        9.  Enter  into  cooperative  agreements  with state and federal agencies,
 22        municipalities, corporations, organized  groups  of  landowners,  associa-
 23        tions,  and individuals for the development of wildlife rearing, propagat-
 24        ing, management, protection and demonstration projects.
 25        10. In the event owners or lawful possessors of land have  restricted  the
 26        operation  of  motor-propelled  vehicles  upon their land, the commission,
 27        upon consultation with all other potentially affected landowners, and hav-
 28        ing held a public hearing, if requested by not less than  ten  (10)  resi-
 29        dents  of any county in which the land is located, may enter into coopera-
 30        tive agreements with those owners or possessors to enforce those  restric-
 31        tions  when  the  restrictions  protect wildlife or wildlife habitat. Pro-
 32        vided, however, the commission shall not enter into  such  agreements  for
 33        lands  which  either  lie outside or are not adjacent to any adjoining the
 34        proclaimed boundaries of the national forests in Idaho.
 35             (A)  The landowners, with the assistance  of  the  department,  shall
 36             cause  notice  of  the  restrictions,  including  the  effective date
 37             thereof, to be posted on the main traveled roads entering  the  areas
 38             to  which  the restrictions apply. Provided, however, that nothing in
 39             this subsection shall allow the unlawful posting of  signs  or  other
 40             information  on  or adjacent to public highways as defined in subsec-
 41             tion (5) of section 40-109, Idaho Code.
 42             (B)  Nothing in this section  authorizes  the  establishment  of  any
 43             restrictions  that  impede  normal  forest or range management opera-
 44             tions.
 45             (C)  No person shall violate such restrictions on the use  of  motor-
 46             propelled  vehicles  or  tear  down  or lay down any fencing or gates
 47             enclosing such a restricted  area  or  remove,  mutilate,  damage  or
 48             destroy  any notices, signs or markers giving notice of such restric-
 49             tions. The commission may promulgate rules to administer the restric-
 50             tions and cooperative agreements addressed in this subsection.
 51        11. Capture, propagate, transport, buy, sell or exchange  any  species  of
 52        wildlife  needed for propagation or stocking purposes, or to exercise con-
 53        trol of undesirable species.
 54        12. Adopt rules pertaining to the application for, issuance of and  admin-
 55        istration of a lifetime license certificate system.
  1        13. Adopt  rules governing the application and issuance of permits for and
  2        administration of fishing contests on waters under the jurisdiction of the
  3        state. The fee for each permit shall be as provided for in section 36-416,
  4        Idaho Code.
  5        14. Adopt rules governing the application for and issuance of licenses  by
  6        telephone and other electronic methods.
  7        15. Enter  into  agreements with cities, counties, recreation districts or
  8        other political subdivisions for the lease of lands or waters,  in  accor-
  9        dance  with  all other applicable laws, including applicable provisions of
 10        titles 42 and 43, Idaho Code,  to  cost-effectively  provide  recreational
 11        opportunities  for  taxpayers  or  residents of those local governments or
 12        political subdivisions.
 13        (c)  Limitation on Powers. Nothing in this title  shall  be  construed  to
 14    authorize  the commission to change any penalty prescribed by law for a viola-
 15    tion of its provisions, or to change the amount of license fees or the author-
 16    ity conferred by licenses prescribed by law.
 17        (d)  Organization of Work. The commission shall organize  the  department,
 18    in accordance with the provisions of title 67, Idaho Code, into administrative
 19    units  as  may  be  necessary  to  efficiently administer said department. All
 20    employees of  the  department  except  the  director  shall  be  selected  and
 21    appointed  by  the  director in conformance with the provisions of chapter 53,
 22    title 67, Idaho Code.

Statement of Purpose / Fiscal Impact

                     STATEMENT  OF  PURPOSE
                            RS 13534
This bill would allow the Idaho Fish and Game Commission to hold
regular quarterly meetings during the quarter, rather than in
specified months. Currently, the statute requires the Commission to
hold regular quarterly meetings in April, July and October of each
year and a regular annual meeting in January. The Commission has
had difficulty scheduling the regular quarterly meetings in the
required months due to Commissioners' schedules as well as the
timing of when Commission action needs to be taken. This bill would
allow the Commission some flexibility in scheduling the regular
quarterly meetings.

                         FISCAL  IMPACT
None. (Some savings, in reducing the number of meetings?)

Name:     Steve Barton
Agency:   Department of Fish and Game
Phone:    334-3781

Statement of Purpose/Fiscal Impact                 S 1229