Print Friendly HOUSE BILL NO. 91 – F&G officer, retirement, badge
HOUSE BILL NO. 91
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H0091.........................................by RESOURCES AND CONSERVATION
FISH AND GAME OFFICER - Amends existing law to provide that the director of
the Department of Fish and Game may award a conservation officer his badge,
duty weapon and handcuffs upon retirement in certain circumstances.
02/02 House intro - 1st rdg - to printing
02/03 Rpt prt - to Res/Con
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/10 3rd rdg - PASSED - 59-10-1
AYES -- Anderson, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao,
Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp,
Lake, LeFavour, Martinez, McKague, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Rydalch,
Sayler, Schaefer, Shepherd(2), Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
NAYS -- Andrus, Barrett, Hart, Loertscher, Mathews, McGeachin,
Roberts, Sali, Shepherd(8), Wood
Absent and excused -- Edmunson
Floor Sponsor - Moyle
Title apvd - to Senate
02/11 Senate intro - 1st rdg - to Res/Env
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 27-5-3
AYES -- Andreason, Bunderson, Burkett, Burtenshaw, Cameron, Coiner,
Compton, Corder, Darrington, Gannon, Geddes, Goedde, Hill, Jorgenson,
Kelly, Keough, Langhorst, Lodge, Malepeai, Marley, McGee, McKenzie,
Richardson, Schroeder, Stennett, Werk, Williams
NAYS -- Davis, Little, Pearce, Stegner, Sweet
Absent and excused -- Brandt, Broadsword, Noble
Floor Sponsor - Burtenshaw
Title apvd - to House
02/25 To enrol
02/28 Rpt enrol - Sp signed
03/01 Pres signed - To Governor
03/07 Governor signed
Session Law Chapter 33
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 91
BY RESOURCES AND CONSERVATION COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME CONSERVATION OFFICERS; AMENDING SECTION 36-1301,
3 IDAHO CODE, TO PROVIDE THAT THE DIRECTOR MAY AWARD A CONSERVATION OFFICER
4 HIS BADGE, DUTY WEAPON AND HANDCUFFS UPON RETIREMENT IN CERTAIN CIRCUM-
5 STANCES, TO REVISE DESCRIPTIVE LANGUAGE AND TO MAKE TECHNICAL CHANGES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 36-1301, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 36-1301. POWER AND DUTY OF OFFICERS -- OFFICIAL BADGE -- WHO MAY WEAR --
10 SEPARABILITY ISSUANCE UPON RETIREMENT. ( a1) Authorized Officers. The director,
11 all conservation officers and other classified department employees, and all
12 sheriffs, deputy sheriffs, forest supervisors, marshals, police officers,
13 state forest department officers, and national forest rangers shall have
14 statewide jurisdiction and it is hereby made their duty to enforce the provi-
15 sions of the Idaho fish and game code.
16 ( b2) Authority and Limitations as Peace Officers. All conservation offi-
17 cers who receive certification from the Idaho peace officer standards and
18 training advisory council shall have all the authority given by statute to
19 peace officers of the state of Idaho. All other classified employees
20 appointed by the director shall have the power of peace officers limited to:
21 1.(a) The enforcement of the provisions of title 36, Idaho Code, and com-
22 mission rules and proclamations promulgated pursuant thereto.
23 2.(b) The arrest of persons having domestic animals unlawfully in their
25 3.(c) The enforcement of the provisions of chapter 70, title 67, Idaho
26 Code, provided that such authority is exercised in cooperation with sher-
27 iffs of the respective counties.
28 4.(d) Responding to express requests from other law enforcement agencies
29 for aid and assistance in enforcing other laws. For purposes of this sec-
30 tion, such a request from a law enforcement agency shall mean only a
31 request for assistance as to a particular and singular violation or sus-
32 picion of violation of law, and shall not constitute a continuous request
33 for assistance outside the purview of enforcement of title 36, Idaho Code.
34 ( c3) Additional Authority and Duties. Said officers and employees shall
35 have additional peace officer power, but not constituting an obligation beyond
36 their regular course of duty, relative to:
37 1.(a) The enforcement of the provisions of title 38, Idaho Code (Idaho
38 forestry act), as authorized by section 38-133, Idaho Code.
39 2.(b) The enforcement of provisions of chapter 71, title 67, Idaho Code.
40 3.(c) The enforcement of the provisions of sections 18-3906 and 18-7031,
41 Idaho Code, relating to littering.
42 4.(d) The enforcement of the provisions of section 42-3811, Idaho Code,
43 relating to the enforcement of certain provisions of chapter 38, title 42,
1 Idaho Code.
2 ( d4) Official Badge -- Who May Wear. No person who is not at the time a
3 classified employee or conservation officer, duly authorized and commissioned
4 by the director, shall wear or exhibit in public an official badge of the
5 Ddepartment of Ffish and Ggame of the state of Idaho.
6 (5) Issuance Upon Retirement. The director may award to a conservation
7 officer, upon retirement, that officer's badge, duty weapon and handcuffs,
8 providing that a committee of three (3) of the conservation officer's peers
9 certifies to the director that the retiring officer has served meritoriously
10 for a minimum of fifteen (15) years and should therefore be so honored.
STATEMENT OF PURPOSE
This legislation provides that dedicated Idaho Conservation
Officers receive their badge, handcuffs, and duty weapon upon
retirement. Currently most other state law enforcement agencies
do provide these items upon retirement. This is standard
procedure when they have spent many years in this career path and
have served the public meritoriously. Prior to receiving this
honor, there will be a committee of three peers who certify that
the officer has served meritoriously for at least fifteen years.
It is the intent of this legislation to show our conservation
officers how much the people of this state care about their
service and dedication to the public.
There will be an estimated cost of approximately $2,000.00
annually from the Idaho Department of Fish and Game budget. This
has no impact on the general budget.
Contact: Rep. Rich Wills
Rep. Mike Moyle
STATEMENT OF PURPOSE/FISCAL NOTE H 91