2007 Legislation
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SENATE BILL NO. 1055 – Wildlife, simulated, repair


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Bill Status

S1055..........................................by RESOURCES AND ENVIRONMENT
FISH AND GAME - Amends existing law relating to fish and game to revise
provisions relating to a finding of guilt; and to provide for restitution
for the repair and replacement of simulated wildlife.
01/29    Senate intro - 1st rdg - to printing
01/30    Rpt prt - to Res/Env
02/19    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/23    3rd rdg - PASSED - 28-4-3
      AYES -- Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner,
      Corder, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich,
      Hill, Jorgenson, Kelly, Keough, Langhorst, Lodge, Malepeai, McGee,
      McKague, Richardson, Schroeder, Stegner, Stennett, Werk
      NAYS -- Bair, Darrington, Little, Siddoway
      Absent and excused -- Andreason, McKenzie, Pearce
    Floor Sponsor - Schroeder
    Title apvd - to House
02/26    House intro - 1st rdg - to Res/Con
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/06    3rd rdg - PASSED - 65-2-3
      AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Henbest,
      Henderson, Jaquet, Killen, King, Kren, Lake, LeFavour, Loertscher,
      Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Roberts,
      Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Shively, Smith(30), Snodgrass, Stevenson, Thayn, Trail, Vander Woude,
      Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- Barrett, Harwood
      Absent and excused -- Labrador, Ringo, Smith(24)
    Floor Sponsor - Moyle
    Title apvd - to Senate
03/07    To enrol
03/08    Rpt enrol - Pres signed - Sp signed
03/09    To Governor
03/13    Governor signed
         Session Law Chapter 67
         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. 1055
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 36-1101, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  9    OR  PROCLAMATION  --  METHODS  PROHIBITED  --  EXCEPTIONS. (a) It is unlawful,
 10    except as may be otherwise provided by Idaho law, including this title or com-
 11    mission rules or proclamations promulgated pursuant thereto, for any person to
 12    take any of the game animals, birds or fur-bearing animals of this state.
 13        (b)  Except as may be otherwise provided under this  title  or  commission
 14    rules  or  proclamations  promulgated pursuant thereto, it is unlawful for any
 15    person to:
 16        1.  Hunt from Motorized Vehicles. Hunt any of the  game  animals  or  game
 17        birds  of this state from or by the use of any motorized vehicle except as
 18        provided by commission rule; provided however, that the  commission  shall
 19        promulgate  rules  which  shall  allow  a physically handicapped person to
 20        apply for a special permit which would allow the person to hunt from a mo-
 21        torized vehicle which is not in motion. A  physically  handicapped  person
 22        means a person:
 23             (A)  Who  has  lost,  or  has  lost the use of, one (1) or both lower
 24             extremities or both hands, or who has significant limitation  in  the
 25             use  of the lower extremities, or who has a diagnosed disease or dis-
 26             order which substantially impairs or interferes with mobility, or who
 27             is so severely disabled as to be unable to move without the aid of an
 28             assistance device.
 29             (B)  Who suffers from lung disease to  the  extent  that  his  forced
 30             (respiratory)  expiratory  volume for one (1) second when measured by
 31             spirometry is less than one (1) liter or his arterial oxygen  tension
 32             (po ) is less than 60 mm/Hg on room air at rest.
 33             (C)  Who is impaired by cardiovascular disease to the extent that his
 34             functional  limitations  are  classified  in severity as class III or
 35             class IV according to standards accepted by the American Heart  Asso-
 36             ciation.
 37        The commission shall specify the form of application for and design of the
 38    special  permit which shall allow a physically handicapped person to hunt from
 39    a motorized vehicle which is not in motion. No fee shall be  charged  for  the
 40    issuance  of the special permit and the issuance of a special permit shall not
 41    exempt a person from otherwise properly purchasing or obtaining  other  neces-
 42    sary  licenses,  permits and tags in accordance with this title and rules pro-
 43    mulgated pursuant thereto. The special permit shall not  be  transferable  and
  1    may  only  be  used  by the person to whom it is issued. A person who has been
  2    issued a special permit which allows a physically handicapped person  to  hunt
  3    from a motorized vehicle not in motion shall have that permit prominently dis-
  4    played  on  any  vehicle  the  person is utilizing to hunt from and the person
  5    shall produce,  on  demand,  the  permit  and  other  identification  when  so
  6    requested by a conservation officer of the department of fish and game. A per-
  7    son  possessing  a  special  permit    shall not discharge any firearm from or
  8    across a public highway. In addition to other penalties any  unauthorized  use
  9    of the special permit shall be grounds for revocation of the permit.
 10        2.  Molest  with  Motorized Vehicles. Use any motorized vehicle to molest,
 11        stir up, rally or drive in any manner any of  the  game  animals  or  game
 12        birds of this state.
 13        3.  Communicate  from Aircraft. Make use of aircraft in any manner to spot
 14        or locate game animals, game birds or fur-bearing animals  of  this  state
 15        from  the air and communicate the location or approximate location thereof
 16        by any signals whatsoever, whether radio, visual or otherwise, to any per-
 17        son then on the ground.
 18        4.  Hunt from Helicopter. Make use of any helicopter in any manner in  the
 19        taking  of  game  or  loading, transporting, or unloading hunters, game or
 20        hunting gear in any manner except when such use is at recognized  airports
 21        or  airplane  landing  fields,  or at heliports which have been previously
 22        established on private land or which have been established by a department
 23        or agency of the federal, state or local government or when said use is in
 24        the course of emergency or search and rescue operations. Provided however,
 25        that nothing in this chapter shall limit or prohibit the lawful control of
 26        wolves through the use of helicopters when such measures are deemed neces-
 27        sary by federal or state agencies in accordance with existing laws or man-
 28        agement plans.
 29        5.  Artificial Light. Hunt any animal or bird except raccoon by the aid of
 30        a spotlight, flashlight or artificial light of any kind. The act of  cast-
 31        ing  or  throwing,  after sunset, the beam or rays of any spotlight, head-
 32        light or other artificial light capable of utilizing six (6) volts or more
 33        of electrical power upon any field, forest or other place  by  any  person
 34        while having in his possession or under his control any uncased firearm or
 35        contrivance  capable  of  killing any animal or bird, shall be prima facie
 36        evidence of hunting with an artificial light.  Provided  nothing  in  this
 37        subsection  shall  apply where the headlights of a motor vehicle, operated
 38        and proceeding in a normal manner on any highway or roadway, cast a  light
 39        upon  animals or birds on or adjacent to such highway or roadway and there
 40        is no intent or attempt to locate such animals or birds. Provided further,
 41        nothing in this subsection shall prevent the  hunting  of  unprotected  or
 42        predatory  wildlife  with the aid of artificial light when such hunting is
 43        for the purpose of protecting property or livestock, is done by landowners
 44        or persons authorized in writing by them to do so and is done on  property
 45        they own, lease or control; and provided further that the hunting and tak-
 46        ing  of unprotected or predatory wildlife with the aid of artificial light
 47        on public lands is authorized after obtaining a permit to do so  from  the
 48        director. The director may, for good cause, refuse to issue such permit.
 49             Other  provisions  of this subsection notwithstanding, the commission
 50        may establish rules allowing the hunting of raccoon with  the  aid  of  an
 51        artificial light.
 52        6.  Regulation of Dogs.
 53             (A)  No  person  shall make use of a dog for the purpose of pursuing,
 54             taking or killing any of the big game animals of this state except as
 55             otherwise provided by rules of the commission.
  1             (B)  Any person who is the owner of, or in possession of, or who har-
  2             bors any dog found running at large and which is  actively  tracking,
  3             pursuing,  harassing  or attacking, or which injures or kills deer or
  4             any other big game animal within this state shall be guilty  as  pro-
  5             vided  in section 36-1401(a)1.(F), Idaho Code. It shall be no defense
  6             that such dog or dogs were pursuing said big game animals without the
  7             aid or direction of the owner, possessor, or harborer.
  8             (C)  Any dog found running at large and which is  actively  tracking,
  9             pursuing,  harassing, attacking or killing deer or any other big game
 10             animal may be destroyed without criminal or civil  liability  by  the
 11             director,  or  any  peace  officer,  or  other  persons authorized to
 12             enforce the Idaho fish and game laws.
 13        7.  Attempt to take Simulated Wildlife.
 14             (A)  Attempt to take, by firearm or any other contrivance capable  of
 15             killing  an animal or bird, simulated wildlife in violation of any of
 16             the provisions of this title or commission rules  applicable  to  the
 17             taking  of  the wildlife being simulated, when the simulated wildlife
 18             is being used by a conservation officer or other person authorized to
 19             enforce Idaho fish  and  game  laws  or  rules  promulgated  pursuant
 20             thereto.  No  person  shall  be found guilty of violating either this
 21             subpart subparagraph, or subparagraph (B) of this paragraph, provided
 22             that no other law or rule has been violated.
 23             (B)  Any person pleading guilty to, convicted of or found guilty  for
 24             attempting  to  take  simulated  wildlife  within this state shall be
 25             guilty of a misdemeanor and shall be punished as provided  in  either
 26             subsection  (b)  or (d) of section 36-1402, Idaho Code, and shall pay
 27             restitution in an amount of no less than fifty dollars  ($50.00)  for
 28             the repair or replacement of the simulated wildlife.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS 16756C1

The purpose of this legislation is to require that any person who
pleads guilty to, convicted of or found guilty for attempting to
take simulated wildlife in an unlawful manner shall pay
restitution of $50 or more, to be decided by the court, for the
repair or replacement of the simulated wildlife.  This is to help
off-set the high costs of the simulated wildlife used in
enforcement activities.  

                           FISCAL NOTE

The Department of Fish and Game has indicated that the six year
average of such cases is 20 per year.  This legislation will
result in the collection of $1000 or more annually for this fund. 

Name:  Senator Gary Schroeder 
Phone: 208-332-1324

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1055