2005 Legislation
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HOUSE BILL NO. 91 – F&G officer, retirement, badge

HOUSE BILL NO. 91

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Bill Status



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
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              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
 24        possession.
 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,
                                                                        
                                           2
                                                                        
  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 / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 14614

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.


                           FISCAL NOTE

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 
Phone:   332-1000
         Rep. Mike Moyle
         332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                    H 91