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S1386aa........................................by RESOURCES AND ENVIRONMENT
FISH AND GAME - Amends existing law to provide that a prosecution for
misdemeanors under the provisions of the Fish and Game Code must be
commenced by the issuance of a citation or filing of a complaint within
five years after its commission for unlawfully taking or possessing any big
game animal, caribou or grizzly bear or for unlawfully purchasing,
possessing or using any license, tag or permit by any person who does not
reside in the state of Idaho at the time of purchase.
02/13 Senate intro - 1st rdg - to printing
02/14 Rpt prt - to Res/Env
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, 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 -- None
Floor Sponsor - Langhorst
Title apvd
Held for reconsideration
Motion to reconsider - PASSED
To 14th Ord
03/14 Rpt out amen - to engros
03/15 Rpt engros - 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Marley
Floor Sponsor - Langhorst
Title apvd - to House
03/21 House intro - 1st rdg - to Res/Con
03/24 Rpt out - rec d/p - to 2nd rdg
03/27 2nd rdg - to 3rd rdg
Rls susp - PASSED - 47-18-5
AYES -- Andrus, Barraclough, Bell, Bilbao, Black, Block, Boe, Bolz,
Brackett, Bradford, Cannon, Chadderdon, Collins, Deal, Denney,
Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Jaquet,
Kemp, LeFavour, Martinez, Miller, Mitchell, Nielsen, Pasley-Stuart,
Pence, Raybould, Ring, Ringo, Roberts, Rusche, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Snodgrass,
Stevenson, Trail, Wills, Mr. Speaker
NAYS -- Barrett, Bastian, Bayer, Bedke, Crow, Hart, Harwood, Lake,
Loertscher, Mathews, McGeachin, McKague, Moyle, Nonini, Rydalch,
Sali, Smith(24), Wood
Absent and excused -- Anderson, Clark, Henbest, Henderson, Smylie
Floor Sponsor - Roberts
Title apvd - to Senate
03/28 To enrol
03/29 Rpt enrol - Pres signed - Sp signed
03/30 To Governor
03/31 Governor signed
Session Law Chapter 288
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1386
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO STATUTE OF LIMITATIONS FOR FISH AND GAME VIOLATION; AMENDING SEC-
3 TION 36-1406, IDAHO CODE, TO PROVIDE THAT A PROSECUTION FOR MISDEMEANORS
4 UNDER THE PROVISIONS OF THE FISH AND GAME CODE MUST BE COMMENCED BY THE
5 ISSUANCE OF A CITATION OR FILING OF A COMPLAINT WITHIN FIVE YEARS AFTER
6 ITS COMMISSION FOR UNLAWFULLY PURCHASING, POSSESSING OR USING ANY LICENSE,
7 TAG OR PERMIT BY ANY PERSON WHO DOES NOT RESIDE IN THE STATE OF IDAHO AT
8 THE TIME OF PURCHASE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 36-1406, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 36-1406. STATUTE OF LIMITATION FOR MISDEMEANORS. (1) Notwithstanding any
13 other provision of law, a prosecution for misdemeanors under the provisions of
14 this title must be commenced by the issuance of a citation or filing of a com-
15 plaint within two (2) years after its commission for any of the following
16 offenses:
17 (a) Unlawfully taking or possessing any big game animal, caribou, or
18 grizzly bear.
19 (b) The unlawful sale or purchase of wildlife as set forth in section
20 36-501, Idaho Code.
21 (c) Unlawfully purchasing, possessing or using any license, tag or permit
22 by any person who does not reside in the state of Idaho at the time of
23 purchase
24 (2) Notwithstanding any other provision of law, a prosecution for misde-
25 meanors under the provisions of this title must be commenced by the issuance
26 of a citation or filing of a complaint within five (5) years after its commis-
27 sion for unlawfully purchasing, possessing or using any license, tag or permit
28 by any person who does not reside in the state of Idaho at the time of pur-
29 chase.
30 (3) The prosecution for all other misdemeanors under this title must be
31 commenced as provided in section 19-403, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Langhorst
Seconded by Cameron
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1386
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, delete lines 12 through 31 and insert:
3 "36-1406. STATUTE OF LIMITATION FOR MISDEMEANORS. (1) Notwithstanding any
4 other provision of law, a prosecution for misdemeanors under the provisions of
5 this title must be commenced by the issuance of a citation or filing of a com-
6 plaint within two (2) years after its commission for any of the following
7 offenses:
8 (a) Unlawfully taking or possessing any big game animal, caribou, or
9 grizzly bear.
10 (b) Tthe unlawful sale or purchase of wildlife as set forth in section
11 36-501, Idaho Code.
12 (c) Unlawfully purchasing, possessing or using any license, tag or permit
13 by any person who does not reside in the state of Idaho at the time of pur-
14 chase.
15 (2) Notwithstanding any other provision of law, a prosecution for misde-
16 meanors under the provisions of this title must be commenced by the issuance
17 of a citation or filing of a complaint within five (5) years after its commis-
18 sion: (a) for unlawfully taking or possessing any big game animal, caribou or
19 grizzly bear; or (b) for unlawfully purchasing, possessing or using any
20 license, tag or permit by any person who does not reside in the state of Idaho
21 at the time of purchase.
22 (3) The prosecution for all other misdemeanors under this title must be
23 commenced as provided in section 19-403, Idaho Code.".
24 CORRECTION TO TITLE
25 On page 1, in line 6, following "COMMISSION" insert: "FOR UNLAWFULLY TAK-
26 ING OR POSSESSING ANY BIG GAME ANIMAL, CARIBOU OR GRIZZLY BEAR OR".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1386, As Amended
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO STATUTE OF LIMITATIONS FOR FISH AND GAME VIOLATION; AMENDING SEC-
3 TION 36-1406, IDAHO CODE, TO PROVIDE THAT A PROSECUTION FOR MISDEMEANORS
4 UNDER THE PROVISIONS OF THE FISH AND GAME CODE MUST BE COMMENCED BY THE
5 ISSUANCE OF A CITATION OR FILING OF A COMPLAINT WITHIN FIVE YEARS AFTER
6 ITS COMMISSION FOR UNLAWFULLY TAKING OR POSSESSING ANY BIG GAME ANIMAL,
7 CARIBOU OR GRIZZLY BEAR OR FOR UNLAWFULLY PURCHASING, POSSESSING OR USING
8 ANY LICENSE, TAG OR PERMIT BY ANY PERSON WHO DOES NOT RESIDE IN THE STATE
9 OF IDAHO AT THE TIME OF PURCHASE.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 36-1406, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 36-1406. STATUTE OF LIMITATION FOR MISDEMEANORS. (1) Notwithstanding any
14 other provision of law, a prosecution for misdemeanors under the provisions of
15 this title must be commenced by the issuance of a citation or filing of a com-
16 plaint within two (2) years after its commission for any of the following
17 offenses:
18 (a) Unlawfully taking or possessing any big game animal, caribou, or
19 grizzly bear.
20 (b) Tthe unlawful sale or purchase of wildlife as set forth in section
21 36-501, Idaho Code.
22 (c) Unlawfully purchasing, possessing or using any license, tag or permit
23 by any person who does not reside in the state of Idaho at the time of pur-
24 chase.
25 (2) Notwithstanding any other provision of law, a prosecution for misde-
26 meanors under the provisions of this title must be commenced by the issuance
27 of a citation or filing of a complaint within five (5) years after its commis-
28 sion: (a) for unlawfully taking or possessing any big game animal, caribou or
29 grizzly bear; or (b) for unlawfully purchasing, possessing or using any
30 license, tag or permit by any person who does not reside in the state of Idaho
31 at the time of purchase.
32 (3) The prosecution for all other misdemeanors under this title must be
33 commenced as provided in section 19-403, Idaho Code.
STATEMENT OF PURPOSE
RS 15673
This legislation amends Title 36 of Idaho Code to extend the
statute of limitations from two to five years for Fish and Game
violations involving the unlawful purchase, possession or use of any
resident license, tag or permit by a non resident.
FISCAL IMPACT
There is minimal to no impact to the general fund.
Contact
Name: Sen. David Langhorst 332 1348
STATEMENT OF PURPOSE/FISCAL NOTE S 1386