2006 Legislation
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SENATE BILL NO. 1391 – Child, no hunting license, when

SENATE BILL NO. 1391

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Bill Status



S1391..........................................by RESOURCES AND ENVIRONMENT
FISH AND GAME - HUNTING LICENSES - Amends existing law relating to fish and
game to provide that certain children with life threatening medical
conditions participating in a specified hunt are not required to be
licensed; and to provide for the issuance of free permits or tags for use
by minor children who have life threatening medical conditions; to
authorize rulemaking relating to the issuance of free permits and tags; and
to define a term.
                                                                        
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 Sponsor - Stennett
    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 - 63-0-7
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
      Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
      Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Garrett, 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, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail
      NAYS -- None
      Absent and excused -- Bedke, Black, Clark, Crow, Wills, Wood, Mr.
      Speaker
    Floor Sponsor - Jaquet
    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 169
         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. 1391
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO FISH AND GAME; AMENDING SECTION 36-401,  IDAHO  CODE,  TO  PROVIDE
  3        THAT CERTAIN CHILDREN WITH LIFE THREATENING MEDICAL CONDITIONS PARTICIPAT-
  4        ING IN A SPECIFIED HUNT ARE NOT REQUIRED TO BE LICENSED; AND AMENDING SEC-
  5        TION  36-408,  IDAHO  CODE, TO PROVIDE FOR THE ISSUANCE OF FREE PERMITS OR
  6        TAGS FOR USE BY MINOR CHILDREN WHO HAVE LIFE  THREATENING  MEDICAL  CONDI-
  7        TIONS,  TO  AUTHORIZE RULEMAKING RELATING TO THE ISSUANCE OF THE FREE PER-
  8        MITS AND TAGS AND TO DEFINE A TERM.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 36-401, Idaho Code, be, and the  same  is  hereby
 11    amended to read as follows:
                                                                        
 12        36-401.  HUNTING,  TRAPPING, FISHING -- LICENSE REQUIREMENT -- EXCEPTIONS.
 13    No person shall hunt, trap, or fish for or take any wild animal, bird or  fish
 14    of  this  state,  without  first having procured a license as hereinafter pro-
 15    vided. Provided that no license shall be required:
 16        (a)  1.  For children under the age of fourteen (14) years who  are  resi-
 17        dents of this state to fish during the open season therefor.
 18        2.  For  nonresident children under the age of fourteen (14) years to fish
 19        during the open season therefor  provided  they  are  accompanied  by  the
 20        holder  of  a  valid  fishing  license, and provided further that any fish
 21        caught by such nonresident children shall be included in the bag and  pos-
 22        session limit of such license holder.
 23        3.  For resident children under the age of twelve (12) years to hunt, take
 24        or  kill predatory, unprotected birds and animals by means other than with
 25        firearms.
 26        4.  For resident children under the age of fourteen  (14)  years  to  trap
 27        muskrats from irrigation ditches or property on which they live during the
 28        open season.
 29        5.  For children under the age of eighteen (18) years who are residents of
 30        a  licensed  foster home or a children's residential care facility to fish
 31        during the open season therefor, provided they are accompanied and  super-
 32        vised  by  the  director, officer, or other employee of the facility where
 33        the child resides.
 34        6.  For children with life threatening medical conditions participating in
 35        a hunt in association with a qualified organization as provided in section
 36        36-408(6), Idaho Code.
 37        (b)  For any person to fish on a "free fishing day" as may  be  designated
 38    by the commission.
 39        (c)  Institutional  Inmates.  For  any inmate of the state hospital north,
 40    state hospital south, Idaho state school  and  hospital,  and  state  veterans
 41    homes  to fish during open seasons, provided said inmate has a permit therefor
 42    from the director. The director is authorized to issue such permits  upon  the
 43    request  of  the  head  of  the  respective institution having custody of said
                                                                        
                                           2
                                                                        
  1    inmate upon a showing that the institution recommends  the  issuance  of  such
  2    permit  and  will  assume full responsibility for and control over said inmate
  3    while using said permit.
  4        (d)  State Juvenile Corrections Center Students. For students of the state
  5    juvenile corrections center, under the supervision of an officer of  the  cen-
  6    ter, to fish during the open season.
  7        (e)  Boy  Scouts.  For  boy scouts who are official participants in atten-
  8    dance  at national or international encampments at Farragut State Park to take
  9    fish during the encampment period from Lake Pend Oreille  in  such  areas  and
 10    such numbers as may be designated by the commission.
 11        (f)  Participants  in  Fish  and Game Sponsored Functions. For persons who
 12    are official participants in attendance at official department sponsored func-
 13    tions including clinics, courses or other educational events, while under  the
 14    supervision of a department approved instructor for the function, to fish dur-
 15    ing  any  open  season, provided that the instructor has been issued an educa-
 16    tional fishing permit by the director.
 17        (g)  Nothing contained herein shall be construed to prohibit  citizens  of
 18    the  United  States who are residents of the state of Idaho from carrying arms
 19    for the protection of life and property.
                                                                        
 20        SECTION 2.  That Section 36-408, Idaho Code, be, and the  same  is  hereby
 21    amended to read as follows:
                                                                        
 22        36-408.  COMMISSION'S AUTHORITY -- TAGS -- PERMITS -- NONRESIDENTS LIMITED
 23    -- OUTFITTERS SET-ASIDE. (1) Tags and Permits -- Method of Use. The commission
 24    is  hereby authorized to prescribe the number and kind of wildlife that may be
 25    taken under authority of the several types of tags and permits provided for in
 26    this title, and the manner in which said tags and permits shall  be  used  and
 27    validated.
 28        (2)  Limit  --  Licenses, Tags or Permits -- Controlled Hunts. The commis-
 29    sion is hereby authorized to establish a limit annually as to  the  number  of
 30    each  kind and class of licenses, tags, or permits to be sold or issued and is
 31    further authorized to limit the number or prohibit entirely, the participation
 32    by nonresidents in controlled hunts.
 33        (3)  Outfitters Set-aside. When the commission establishes a limit  as  to
 34    the  number  of  nonresident  deer tags and nonresident elk tags, it shall set
 35    aside annually a maximum of twenty-five percent (25%) of the nonresident  deer
 36    tag  and  nonresident elk tag limit. The set-aside tags shall be sold pursuant
 37    to commission rule, only to persons that have entered into  an  agreement  for
 38    that year to utilize the services of an outfitter licensed pursuant to chapter
 39    21, title 36, Idaho Code.
 40        In  order  for  a person to purchase any set-aside nonresident deer tag or
 41    nonresident elk tag, that person's outfitter must submit an  application  with
 42    the  proper  fees as required by the director. If any nonresident deer tags or
 43    nonresident elk tags set aside pursuant to this subsection are unsold by  July
 44    1 of the year in which they were set aside, they may be sold by the department
 45    to  the general public who are nonresidents. The commission may promulgate all
 46    necessary rules to implement the provisions of this subsection.
 47        (4)  Deer and Elk Tag Allocation. If the commission limits the  number  of
 48    deer  or elk tags available for use in any game management area, unit or zone,
 49    the commission may allocate by rule a number of deer or elk tags  for  use  by
 50    hunters  that have entered into an agreement for that year to utilize the ser-
 51    vices of an outfitter licensed pursuant to chapter 21, title 36, Idaho Code.
 52        (5)  Special Game Tags. The commission is hereby authorized to  issue  two
 53    (2) special bighorn sheep tags per year.
                                                                        
                                           3
                                                                        
  1        (a)  Auction  bighorn  sheep  tag.  One special bighorn sheep tag shall be
  2        auctioned off by an incorporated nonprofit organization dedicated to wild-
  3        life conservation, selected by the commission. The tag shall be issued  by
  4        the  department  of  fish and game to the highest eligible bidder. No more
  5        than five percent (5%) of all proceeds for the tag may be retained by  the
  6        organization.  The  tag to be issued pursuant to this subsection  shall be
  7        taken from the nonresident bighorn sheep tag quota. The net proceeds shall
  8        be forwarded to the director for deposit in the fish and  game  expendable
  9        trust  account and shall be used for bighorn sheep research and management
 10        purposes. Moneys raised pursuant to this subsection may  not  be  used  to
 11        transplant  additional  bighorn sheep into that portion of southwest Idaho
 12        south of the Snake River and west of U.S. highway no. 93, nor for  litiga-
 13        tion or environmental impact statements involving bighorn sheep. No trans-
 14        plants  of  bighorn sheep accomplished with moneys raised pursuant to this
 15        subsection shall occur in any area until hearings  are  conducted  in  the
 16        area.
 17        (b)  Lottery bighorn sheep tag. The commission is also authorized to issue
 18        one  (1)  special bighorn sheep tag which will be  disposed of by lottery.
 19        The lottery permit can be marketed by the department of fish and game or a
 20        nonprofit organization dedicated to wildlife conservation selected by  the
 21        commission.  The  tag will be issued by the department of fish and game to
 22        an eligible person drawn from the lottery provided in this subsection.  No
 23        more  than  twenty-five percent (25%) of gross revenue can be retained for
 24        administrative costs by the organization. All net  proceeds  for  the  tag
 25        disposed  of  by  lottery pursuant to this subsection shall be remitted to
 26        the department and  deposited  in  the  fish  and  game  expendable  trust
 27        account. Moneys in the account from the lottery bighorn sheep tag shall be
 28        utilized  by  the department in solving problems between bighorn sheep and
 29        domestic sheep, solving problems between wildlife and domestic animals  or
 30        improving  relationships between sportsmen and private landowners by being
 31        utilized in the veterinarian program established in  subsection  (e)9.  of
 32        section 36-106, Idaho Code.
 33        (6)  Issuance  of free permit or tag to minor children with life threaten-
 34    ing medical conditions. Notwithstanding any other provision of law,  the  com-
 35    mission  may  issue  free  big game permits or tags to minor children who have
 36    life threatening medical conditions that have been  certified  eligible  by  a
 37    qualified  organization.  The  commission may prescribe by rule the manner and
 38    conditions of issuing and using the permits or tags authorized under this sub-
 39    section (6). For purposes of this subsection (6)  a  "qualified  organization"
 40    means  a  nonprofit  organization that is qualified under section 501(c)(3) of
 41    the Internal Revenue Code and that affords opportunities  and  experiences  to
 42    minor children with life threatening medical conditions.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 15721C1

This bill will provide a mechanism for the Idaho Department of
Fish and Game to issue a big game permit or tag to a qualified
501 C(3) organization for the purpose of providing children, with
life threatening medical conditions, an opportunity to hunt a big
game in Idaho. The Department of Fish and Game will promulgate
rules to enable qualified organizations, such as the Hunt of a
Lifetime Foundation, to provide this opportunity for children
with life threatening medical conditions.


         
                          FISCAL IMPACT
None.





Contact  
Name:  Sen. Clint Stennett
       Rep. Wendy Jaquet
Phone: 332-1351


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1391