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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1055
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-1101, IDAHO CODE, TO REVISE
3 PROVISIONS RELATING TO A CERTAIN FINDING OF GUILT AND TO PROVIDE FOR RES-
4 TITUTION FOR THE REPAIR OR REPLACEMENT OF SIMULATED WILDLIFE.
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:
8 36-1101. TAKING OF WILDLIFE UNLAWFUL EXCEPT BY STATUTE OR COMMISSION RULE
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
2
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.
3
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
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.
Contact
Name: Senator Gary Schroeder
Phone: 208-332-1324
STATEMENT OF PURPOSE/FISCAL NOTE S 1055