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SENATE BILL NO. 1391
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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.
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
]]]] 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
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
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
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.
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
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
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.
Name: Sen. Clint Stennett
Rep. Wendy Jaquet
STATEMENT OF PURPOSE/FISCAL NOTE S 1391