2007 Legislation
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SENATE BILL NO. 1011 – F&G, special permits, disabled


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Bill Status

S1011..........................................by RESOURCES AND ENVIRONMENT
FISH AND GAME - Amends existing law relating to the Department of Fish and
Game to revise terminology relating to special permits authorizing
physically disabled persons to hunt from motorized vehicles which are not
in motion.
01/16    Senate intro - 1st rdg - to printing
01/17    Rpt prt - to Res/Env
02/01    Rpt out - rec d/p - to 2nd rdg
02/02    2nd rdg - to 3rd rdg
02/05    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett
      NAYS -- None
      Absent and excused -- Jorgenson, Siddoway, Werk
    Floor Sponsor - Little
    Title apvd - to House
02/06    House intro - 1st rdg - to Res/Con
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Raybould, Ring, Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      NAYS -- None
      Absent and excused -- Roberts
    Floor Sponsor - Wood(35)
    Title apvd - to Senate
02/20    To enrol
02/21    Rpt enrol - Pres signed
02/22    Sp signed
02/23    To Governor
02/23    Governor signed
         Session Law Chapter 36
         Effective: 07/01/07

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                       IN THE SENATE
                                    SENATE BILL NO. 1011
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION  1.  That  Section 36-1101, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
 10    OR PROCLAMATION -- METHODS PROHIBITED  --  EXCEPTIONS.  (a)  It  is  unlawful,
 11    except as may be otherwise provided by Idaho law, including this title or com-
 12    mission rules or proclamations promulgated pursuant thereto, for any person to
 13    take any of the game animals, birds or fur-bearing animals of this state.
 14        (b)  Except  as  may  be otherwise provided under this title or commission
 15    rules or proclamations promulgated pursuant thereto, it is  unlawful  for  any
 16    person to:
 17        1.  Hunt  from  Motorized  Vehicles.  Hunt any of the game animals or game
 18        birds of this state from or by the use of any motorized vehicle except  as
 19        provided  by  commission rule; provided however, that the commission shall
 20        promulgate rules which shall allow a physically handicapped disabled  per-
 21        son  to  apply  for  a special permit which would allow the person to hunt
 22        from a motorized vehicle which is not in motion. A physically  handicapped
 23        disabled person means a person:
 24             (A)  Who  has  lost,  or  has  lost the use of, one (1) or both lower
 25             extremities or both hands, or who has significant limitation  in  the
 26             use  of the lower extremities, or who has a diagnosed disease or dis-
 27             order which substantially impairs or interferes with mobility, or who
 28             is so severely disabled as to be unable to move without the aid of an
 29             assistance device.
 30             (B)  Who suffers from lung disease to  the  extent  that  his  forced
 31             (respiratory)  expiratory  volume for one (1) second when measured by
 32             spirometry is less than one (1) liter or his arterial oxygen  tension
 33             (po ) is less than 60 mm/Hg on room air at rest.
 34             (C)  Who is impaired by cardiovascular disease to the extent that his
 35             functional  limitations  are  classified  in severity as class III or
 36             class IV according to standards accepted by the American Heart  Asso-
 37             ciation  who has lost the use of one (1) or both lower extremities or
 38             both hands, or is unable to walk  two  hundred  (200)  feet  or  more
 39             unassisted  by another person, or is unable to walk two hundred (200)
 40             feet or more without the aid of a  walker,  cane,  crutches,  braces,
 41             prosthetic  device  or a wheelchair, or is unable to walk two hundred
 42             (200) feet or more without great difficulty or discomfort due to  one
 43             (1)  or  more of the following impairments: neurological, orthopedic,
  1             respiratory, cardiac, arthritic disorder, blindness, or the  loss  of
  2             function or absence of a limb.
  3        The commission shall specify the form of application for and design of the
  4    special  permit  which shall allow a physically handicapped disabled person to
  5    hunt from a motorized vehicle which is not in motion. No fee shall be  charged
  6    for  the  issuance  of the special permit and the issuance of a special permit
  7    shall not exempt a person from otherwise properly    purchasing  or  obtaining
  8    other  necessary  licenses, permits and tags in accordance with this title and
  9    rules promulgated pursuant thereto. The special permit shall not be  transfer-
 10    able and may only be used by the person to whom it is issued. A person who has
 11    been  issued  a  special permit which allows a physically handicapped disabled
 12    person to hunt from a motorized vehicle not in motion shall have  that  permit
 13    prominently  displayed on any vehicle the person is utilizing to hunt from and
 14    the person shall produce, on demand, the permit and other identification  when
 15    so  requested  by a conservation officer of the department of fish and game. A
 16    person possessing a special permit shall not discharge  any  firearm  from  or
 17    across  a  public highway. In addition to other penalties any unauthorized use
 18    of the special permit shall be grounds for revocation of the permit.
 19        2.  Molest with Motorized Vehicles. Use any motorized vehicle  to  molest,
 20        stir  up,  rally  or  drive  in any manner any of the game animals or game
 21        birds of this state.
 22        3.  Communicate from Aircraft. Make use of aircraft in any manner to  spot
 23        or  locate  game  animals, game birds or fur-bearing animals of this state
 24        from the air and communicate the location or approximate location  thereof
 25        by any signals whatsoever, whether radio, visual or otherwise, to any per-
 26        son then on the ground.
 27        4.  Hunt  from Helicopter. Make use of any helicopter in any manner in the
 28        taking of game or loading, transporting, or  unloading  hunters,  game  or
 29        hunting  gear in any manner except when such use is at recognized airports
 30        or airplane landing fields, or at heliports  which  have  been  previously
 31        established on private land or which have been established by a department
 32        or agency of the federal, state or local government or when said use is in
 33        the course of emergency or search and rescue operations. Provided however,
 34        that nothing in this chapter shall limit or prohibit the lawful control of
 35        wolves through the use of helicopters when such measures are deemed neces-
 36        sary by federal or state agencies in accordance with existing laws or man-
 37        agement plans.
 38        5.  Artificial Light. Hunt any animal or bird except raccoon by the aid of
 39        a  spotlight, flashlight or artificial light of any kind. The act of cast-
 40        ing or throwing, after sunset, the beam or rays of  any  spotlight,  head-
 41        light or other artificial light capable of utilizing six (6) volts or more
 42        of  electrical  power  upon any field, forest or other place by any person
 43        while having in his possession or under his control any uncased firearm or
 44        contrivance capable of killing any animal or bird, shall  be  prima  facie
 45        evidence  of  hunting  with  an artificial light. Provided nothing in this
 46        subsection shall apply where the headlights of a motor  vehicle,  operated
 47        and  proceeding in a normal manner on any highway or roadway, cast a light
 48        upon animals or birds on or adjacent to such highway or roadway and  there
 49        is no intent or attempt to locate such animals or birds. Provided further,
 50        nothing  in  this  subsection  shall prevent the hunting of unprotected or
 51        predatory wildlife with the aid of artificial light when such  hunting  is
 52        for the purpose of protecting property or livestock, is done by landowners
 53        or  persons authorized in writing by them to do so and is done on property
 54        they own, lease or control; and provided further that the hunting and tak-
 55        ing of unprotected or predatory wildlife with the aid of artificial  light
  1        on  public  lands is authorized after obtaining a permit to do so from the
  2        director. The director may, for good cause, refuse to issue such permit.
  3        Other provisions of this subsection notwithstanding,  the  commission  may
  4        establish rules allowing the hunting of raccoon with the aid of an artifi-
  5        cial light.
  6        6.  Regulation of Dogs.
  7             (A)  No  person  shall make use of a dog for the purpose of pursuing,
  8             taking  or killing any of the big game animals of this  state  except
  9             as otherwise provided by rules of the commission.
 10             (B)  Any person who is the owner of, or in possession of, or who har-
 11             bors  any  dog found running at large and which is actively tracking,
 12             pursuing, harassing or attacking, or which injures or kills  deer  or
 13             any  other  big game animal within this state shall be guilty as pro-
 14             vided in section 36-1401(a)1.(F), Idaho Code. It shall be no  defense
 15             that such dog or dogs were pursuing said big game animals without the
 16             aid or direction of the owner, possessor, or harborer.
 17             (C)  Any  dog  found running at large and which is actively tracking,
 18             pursuing, harassing, attacking or killing deer or any other big  game
 19             animal  may  be  destroyed without criminal or civil liability by the
 20             director, or any  peace  officer,  or  other  persons  authorized  to
 21             enforce the Idaho fish and game laws.
 22        7.  Attempt to take Simulated Wildlife.
 23             (A)  Attempt  to take, by firearm or any other contrivance capable of
 24             killing an animal or bird, simulated wildlife in violation of any  of
 25             the  provisions  of  this title or commission rules applicable to the
 26             taking of the wildlife being simulated, when the  simulated  wildlife
 27             is being used by a conservation officer or other person authorized to
 28             enforce  Idaho  fish  and  game  laws  or  rules promulgated pursuant
 29             thereto. No person shall be found guilty of  violating  this  subpart
 30             subparagraph provided that no other law or rule has been violated.
 31             (B)  Any  person pleading guilty to, convicted of or found guilty for
 32             attempting to take simulated wildlife  within  this  state  shall  be
 33             guilty  of  a misdemeanor and shall be punished as provided in either
 34             subsection (b) or (d) of section 36-1402, Idaho Code.

Statement of Purpose / Fiscal Impact

                   STATEMENT OF PURPOSE

                        RS 16459

Currently, the criteria for physical disability used for a 
person to acquire a disability license to hunt and/or fish is 
different from disability criteria used to acquire a permit to 
hunt from a motorized vehicle.  This legislation would amend the 
description of disability criteria for a person to acquire a 
permit to hunt from a motorized vehicle, defined in 36-
1101(b)1(A-C).  The amendment would define physical disability 
criteria consistent with IDAPA, which describes 
the physical disability criteria for acquiring a disabled 
combination (hunting and fishing) license or a disabled fishing 
license.  Physical disability criteria would be the same for 
persons seeking a disabled license to hunt and/or fish and a 
permit to hunt from a motorized vehicle.

                       FISCAL NOTE

The Hunt from Motorized Vehicle Permit is free, excluding the 
vendor fee, so annual revenue will not be affected.  The 
expenditure of issuing permits is also not expected to change 
because creating consistent criteria for physical disability 
between the disability hunting and/or fishing license and this 
permit is not expected to increase the number of permits issued.

Name:	Sharon Kiefer
Agency:	Fish and Game, Dept. of
Phone:	334-3791

STATEMENT OF PURPOSE/FISCAL NOTE                     	S 1011