2006 Legislation
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SENATE BILL NO. 1386 – F&G violatn/statute of limitatn

SENATE BILL NO. 1386

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                      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