2006 Legislation
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SENATE BILL NO. 1385 – F&G license, disabled person

SENATE BILL NO. 1385

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Bill Status



S1385..........................................by RESOURCES AND ENVIRONMENT
FISH AND GAME - Amends existing law to revise provisions relating to fish
and game licenses for disabled persons; to provide for persons certified as
permanently disabled by physicians; and to require the Department of Fish
and Game to maintain certain disability determinations on file.
                                                                        
02/13    Senate intro - 1st rdg - to printing
02/14    Rpt prt - to Res/Env
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Gannon
    Floor Sponsors - Keough & Sweet
    Title apvd - to House
02/28    House intro - 1st rdg - to Res/Con
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 62-0-8
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
      Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Hart, Harwood, Henbest, Henderson, Jaquet,
      Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
      McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail
      NAYS -- None
      Absent and excused -- Bedke, Black, Crow, Garrett, Sali, Wills, Wood,
      Mr. Speaker
    Floor Sponsor - Eskridge
    Title apvd - to Senate
03/17    To enrol
03/20    Rpt enrol - Pres signed - Sp signed
03/21    To Governor
03/22    Governor signed
         Session Law Chapter 168
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1385
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FISH AND GAME; AMENDING SECTION 36-406, IDAHO CODE, TO REVISE PRO-
  3        VISIONS RELATING TO LICENSES FOR DISABLED PERSONS, TO PROVIDE FOR  PERSONS
  4        CERTIFIED AS PERMANENTLY DISABLED BY PHYSICIANS, TO REQUIRE THE DEPARTMENT
  5        OF FISH AND GAME TO MAINTAIN CERTAIN DISABILITY DETERMINATIONS ON FILE AND
  6        TO PROVIDE A CORRECT CODE REFERENCE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section  36-406, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        36-406.  RESIDENT FISHING, HUNTING AND  TRAPPING  LICENSES  --  FEES.  (a)
 11    Adult  Licenses -- Combination -- Fishing -- Hunting -- Trapping. A license of
 12    the first class may be had by a person possessing the  qualifications  therein
 13    described  on payment of a fee as specified in section 36-416, Idaho Code, for
 14    a combined fishing and hunting license entitling the  purchaser  to  hunt  and
 15    fish  for game animals, game birds, unprotected and predatory animals and fish
 16    of the state, a fee as specified in section 36-416, Idaho Code, for a  fishing
 17    license  entitling  the purchaser to fish in the public waters of the state, a
 18    fee as specified in section 36-416, Idaho Code, for a  hunting  license  enti-
 19    tling  the  purchaser to hunt game animals, game birds, unprotected and preda-
 20    tory animals of the state, and a fee as specified  in  section  36-416,  Idaho
 21    Code,  for  a  trapping  license  entitling  the purchaser to trap furbearers,
 22    unprotected and predatory animals of the state.
 23        (b)  Junior Licenses -- Hunting -- Trapping. A license of the second class
 24    may be had by a person possessing the qualifications therein described on pay-
 25    ment of a fee as specified in  section  36-416,  Idaho  Code,  for  a  hunting
 26    license,  and a fee as specified in section 36-416, Idaho Code, for a trapping
 27    license entitling the purchaser to the same privileges  as  the  corresponding
 28    license of the first class provides.
 29        (c)  Junior  Combination -- Fishing Licenses. A license of the third class
 30    may be purchased by a person possessing the qualifications  therein  described
 31    on payment of a fee as specified in section 36-416, Idaho Code, for a combined
 32    fishing  and  hunting license, and a fee as specified in section 36-416, Idaho
 33    Code, for a fishing license entitling the purchaser to the same privileges  as
 34    the corresponding license of the first class provides.
 35        (d)  Senior Resident Combination. A license of the fourth class may be had
 36    by  a  person  possessing the qualifications therein described on payment of a
 37    fee as specified in section 36-416, Idaho Code, for  a  combined  fishing  and
 38    hunting  license  entitling the purchaser to the same privileges as the corre-
 39    sponding license of the first class provides.
 40        (e)  Lifetime Licenses -- Combination -- Hunting -- Fishing. A license  of
 41    the fifth class may be obtained at no additional charge by a person possessing
 42    the  qualifications  therein  described  for  a  combined  hunting and fishing
 43    license, for a hunting license, or for a fishing license, entitling the person
                                                                        
                                           2
                                                                        
  1    to the same privileges as the corresponding license of the  first  class  pro-
  2    vides.  Lifetime  licensees  must be certified under the provisions of section
  3    36-4113, Idaho Code, before being issued a license to hunt.
  4        (f)  A license of the eighth class may be had by a person  possessing  the
  5    qualifications  therein  described on payment of a fee as specified in section
  6    36-416, Idaho Code, entitling the purchaser to hunt and fish for game animals,
  7    game birds, fish, and unprotected and predatory animals  of  the  state.  With
  8    payment  of  the required fee, a person shall receive with this license a deer
  9    tag, an elk tag, a bear tag, a turkey tag, a mountain  lion  tag,  an  archery
 10    hunt permit, a muzzleloader permit, a steelhead trout permit and an anadromous
 11    salmon permit. The director shall promptly transmit to the state treasurer all
 12    moneys received pursuant to this subsection for deposit as follows:
 13        (i)   Four  dollars  ($4.00)  in the set-aside account for the purposes of
 14        section 36-111(1)(a), Idaho Code;
 15        (ii)  Two dollars ($2.00) in the set-aside account  for  the  purposes  of
 16        section 36-111(1)(b), Idaho Code;
 17        (iii) One  dollar and fifty cents ($1.50) in the set-aside account for the
 18        purposes of section 36-111(1)(c), Idaho Code; and
 19        (iv)  The balance in the fish and game account.
 20        All persons purchasing a license pursuant to this subsection shall observe
 21    and shall be subject to all rules of the commission  regarding  the  fish  and
 22    wildlife of the state.
 23        If  the  purchaser  of  this  license  does not meet the archery education
 24    requirements of section 36-411(b), Idaho Code, then, notwithstanding the  pro-
 25    visions of section 36-304, Idaho Code, the archery hunt permit portion of this
 26    license  is  invalid. The fee for this license will not change and the license
 27    must be issued without the archery permit validation.
 28        (g)  Disabled Persons Licenses -- Combination -- Fishing. A license of the
 29    first class may be had by any resident disabled person on payment of a fee  as
 30    specified  in  section  36-416, Idaho Code, for a combined fishing and hunting
 31    license, and a fee as specified in section 36-416, Idaho Code, for  a  fishing
 32    license,  entitling  the purchaser to the same privileges as the corresponding
 33    license of the first class provides. A disabled person means a person  who  is
 34    deemed disabled by one (1) or more, but not necessarily all, of the following:
 35    the  railroad retirement board pursuant to title 45 of the United States Code,
 36    or certified as eligible for federal supplemental security  income  (SSI);  or
 37    social  security disability income (SSDI); or  a nonservice-connected veterans
 38    pension; or a service-connected veterans disability benefit with forty percent
 39    (40%) or more disability; or certified as permanently disabled by a physician.
 40    Once determination of permanent disability has been made with the  department,
 41    the determination shall remain on file within the electronic filing system and
 42    the  license  holder shall not be required to present a physician's determina-
 43    tion each year or prove their disability each year.
 44        (h)  Military Furlough Licenses -- Combination -- Fishing.  A  license  of
 45    the  first  class may be had by a resident person engaged in the military ser-
 46    vice of the United States, while on temporary furlough  or  leave,  possessing
 47    the  qualifications therein described on payment of a fee as specified in sec-
 48    tion 36-416, Idaho Code, for a combined fishing and hunting  license,  and  as
 49    specified in section 36-416, Idaho Code, for a fishing license.
 50        (i)  Youth  Small  Game Licenses -- Hunting. A license of the second class
 51    may be had by a resident of ten (10) or eleven (11) years of age on payment of
 52    a fee as specified in section 36-416, Idaho Code, provided  that  the  license
 53    shall  be valid only for hunting upland game birds (including turkeys), migra-
 54    tory game birds, cottontail rabbits, pygmy rabbits, and unprotected and preda-
 55    tory birds and animals of this state while accompanied in  the  field  by  the
                                                                        
                                           3
                                                                        
  1    holder of an adult Idaho hunting license.

Statement of Purpose / Fiscal Impact


 
                   STATEMENT OF PURPOSE

                         RS 15919
                              
*


This proposed legislation provides the opportunity for all disabled 
individuals to obtain a combination hunting and fishing license or a 
fishing license at a reduced fee price. This legislation will encourage 
the increased participation of disabled individuals in hunting and 
fishing activities by offering them a reduced price on their licenses 
in recognition that hunting and fishing opportunities for disabled 
individuals are less accessible.


It clarifies that disability can be determined on several different 
factors but not soley upon SSI or income determinations and adds a 
physician's determination of permanent disability to the list
of factors possible for qualification.

                        FISCAL IMPACT
                              
* The fiscal impact on the dedicated fund for the Fish & Game Department 
may be impacted by the movement of currently ineligible disabled people 
that purchase a full fee license to purchase of a discounted license. 
This may be offset partially by an increase of purchases overall by
disabled people who currently do not purchase licenses but may decide 
to as a result of this bill.

Contact
Name:     Sen. Shawn Keough
          Sen. Gerry Sweet
          Rep. George Eskridge
Phone:    208 332 1000
         
  
STATEMENT OF PURPOSE/FISCAL NOTE                               S 1385