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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. 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
]]]] 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 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