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S1128aa........................................by RESOURCES AND ENVIRONMENT
FISH AND GAME - Amends existing law relating to fish and game to provide
that it shall be a misdemeanor to use devices accessed and controlled via
the internet to shoot or kill any birds or animals; and to provide for
penalties.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Res/Env
02/26 Rpt out - to 14th Ord
03/01 Rpt out amen - to engros
03/02 Rpt engros - 1st rdg - to 2nd rdg as amen
03/05 2nd rdg - to 3rd rdg as amen
03/06 3rd rdg as amen - PASSED - 31-0-4
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Langhorst, Little,
Lodge, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway,
Stegner, Stennett
NAYS -- None
Absent and excused -- Keough, Malepeai, McGee, Werk
Floor Sponsor - Langhorst
Title apvd - to House
03/08 House intro - 1st rdg - to Res/Con
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 59-10-1
AYES -- Anderson, Bayer, Bedke, Bilbao, Black, Block, Bock, Boe,
Bolz, Brackett, Bradford, Chadderdon, Chew, Clark, Collins, Durst,
Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson,
Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Luker, Mathews,
Mortimer, Moyle, Nielsen, Pasley-Stuart, Patrick, Pence, Raybould,
Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27)
NAYS -- Andrus, Barrett, Bell, Crane, Loertscher, Marriott,
McGeachin, Nonini, Wood(35), Mr. Speaker
Absent and excused -- Chavez
Floor Sponsor - Shively
Title apvd - to Senate
03/21 To enrol - Rpt enrol - Pres signed
03/22 Sp signed
03/23 To Governor
03/29 Governor signed
Session Law Chapter 261
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1128
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-1101, IDAHO CODE, TO PROVIDE
3 THAT IT SHALL BE A MISDEMEANOR TO USE DEVICES ACCESSED VIA THE INTERNET TO
4 SHOOT AT OR KILL ANY BIRD OR ANIMAL AND TO PROVIDE FOR PENALTIES.
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
7 person 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 may
50 establish rules allowing the hunting of raccoon with the aid of an artifi-
51 cial 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
7 the 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 this subpart
21 provided that no other law or rule has been violated.
22 (B) Any person pleading guilty to, convicted of or found guilty for
23 attempting to take simulated wildlife within this state shall be
24 guilty of a misdemeanor and shall be punished as provided in either
25 subsection (b) or (d) of section 36-1402, Idaho Code.
26 8. Devices Accessed via Internet.
27 (A) No person shall shoot at or kill any bird or animal in Idaho
28 with any gun or other device accessed via an internet connection.
29 Accessing, regulating access to, or regulating the control of a
30 device capable of being operated in violation of this paragraph shall
31 be prima facie evidence of an offense under this paragraph.
32 (B) Any person pleading guilty to, convicted of or found guilty of a
33 violation of this paragraph shall be guilty of a misdemeanor and
34 shall be punished as provided in section 36-1402, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by Langhorst
Seconded by Stennett
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1128
1 AMENDMENTS TO SECTION 1
2 On page 3 of the printed bill, in line 27 delete "Idaho" and insert:
3 "Idaho, wild or domestic, including domestic cervidae governed under the pro-
4 visions of chapter 37, title 25, Idaho Code,"; and in line 28, following
5 "accessed" insert: "and controlled".
6 CORRECTION TO TITLE
7 On page 1, in line 3, following "ACCESSED" insert: "AND CONTROLLED".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1128, As Amended
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-1101, IDAHO CODE, TO PROVIDE
3 THAT IT SHALL BE A MISDEMEANOR TO USE DEVICES ACCESSED AND CONTROLLED VIA
4 THE INTERNET TO SHOOT AT OR KILL ANY BIRD OR ANIMAL AND TO PROVIDE FOR
5 PENALTIES.
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:
9 36-1101. TAKING OF WILDLIFE UNLAWFUL EXCEPT BY STATUTE OR COMMISSION RULE
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 person to
21 apply for a special permit which would allow the person to hunt from a mo-
22 torized vehicle which is not in motion. A physically handicapped person
23 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.
38 The commission shall specify the form of application for and design of the
39 special permit which shall allow a physically handicapped person to hunt from
40 a motorized vehicle which is not in motion. No fee shall be charged for the
41 issuance of the special permit and the issuance of a special permit shall not
42 exempt a person from otherwise properly purchasing or obtaining other neces-
43 sary licenses, permits and tags in accordance with this title and rules pro-
2
1 mulgated pursuant thereto. The special permit shall not be transferable and
2 may only be used by the person to whom it is issued. A person who has been
3 issued a special permit which allows a physically handicapped person to hunt
4 from a motorized vehicle not in motion shall have that permit prominently dis-
5 played on any vehicle the person is utilizing to hunt from and the person
6 shall produce, on demand, the permit and other identification when so
7 requested by a conservation officer of the department of fish and game. A
8 person possessing a special permit shall not discharge any firearm from or
9 across a public highway. In addition to other penalties any unauthorized use
10 of the special permit shall be grounds for revocation of the permit.
11 2. Molest with Motorized Vehicles. Use any motorized vehicle to molest,
12 stir up, rally or drive in any manner any of the game animals or game
13 birds of this state.
14 3. Communicate from Aircraft. Make use of aircraft in any manner to spot
15 or locate game animals, game birds or fur-bearing animals of this state
16 from the air and communicate the location or approximate location thereof
17 by any signals whatsoever, whether radio, visual or otherwise, to any per-
18 son then on the ground.
19 4. Hunt from Helicopter. Make use of any helicopter in any manner in the
20 taking of game or loading, transporting, or unloading hunters, game or
21 hunting gear in any manner except when such use is at recognized airports
22 or airplane landing fields, or at heliports which have been previously
23 established on private land or which have been established by a department
24 or agency of the federal, state or local government or when said use is in
25 the course of emergency or search and rescue operations. Provided however,
26 that nothing in this chapter shall limit or prohibit the lawful control of
27 wolves through the use of helicopters when such measures are deemed neces-
28 sary by federal or state agencies in accordance with existing laws or man-
29 agement plans.
30 5. Artificial Light. Hunt any animal or bird except raccoon by the aid of
31 a spotlight, flashlight or artificial light of any kind. The act of cast-
32 ing or throwing, after sunset, the beam or rays of any spotlight, head-
33 light or other artificial light capable of utilizing six (6) volts or more
34 of electrical power upon any field, forest or other place by any person
35 while having in his possession or under his control any uncased firearm or
36 contrivance capable of killing any animal or bird, shall be prima facie
37 evidence of hunting with an artificial light. Provided nothing in this
38 subsection shall apply where the headlights of a motor vehicle, operated
39 and proceeding in a normal manner on any highway or roadway, cast a light
40 upon animals or birds on or adjacent to such highway or roadway and there
41 is no intent or attempt to locate such animals or birds. Provided further,
42 nothing in this subsection shall prevent the hunting of unprotected or
43 predatory wildlife with the aid of artificial light when such hunting is
44 for the purpose of protecting property or livestock, is done by landowners
45 or persons authorized in writing by them to do so and is done on property
46 they own, lease or control; and provided further that the hunting and tak-
47 ing of unprotected or predatory wildlife with the aid of artificial light
48 on public lands is authorized after obtaining a permit to do so from the
49 director. The director may, for good cause, refuse to issue such permit.
50 Other provisions of this subsection notwithstanding, the commission may
51 establish rules allowing the hunting of raccoon with the aid of an artifi-
52 cial light.
53 6. Regulation of Dogs.
54 (A) No person shall make use of a dog for the purpose of pursuing,
55 taking or killing any of the big game animals of this state except as
3
1 otherwise provided by rules of the commission.
2 (B) Any person who is the owner of, or in possession of, or who har-
3 bors any dog found running at large and which is actively tracking,
4 pursuing, harassing or attacking, or which injures or kills deer or
5 any other big game animal within this state shall be guilty as pro-
6 vided in section 36-1401(a)1.(F), Idaho Code. It shall be no defense
7 that such dog or dogs were pursuing said big game animals without
8 the aid or direction of the owner, possessor, or harborer.
9 (C) Any dog found running at large and which is actively tracking,
10 pursuing, harassing, attacking or killing deer or any other big game
11 animal may be destroyed without criminal or civil liability by the
12 director, or any peace officer, or other persons authorized to
13 enforce the Idaho fish and game laws.
14 7. Attempt to take Simulated Wildlife.
15 (A) Attempt to take, by firearm or any other contrivance capable of
16 killing an animal or bird, simulated wildlife in violation of any of
17 the provisions of this title or commission rules applicable to the
18 taking of the wildlife being simulated, when the simulated wildlife
19 is being used by a conservation officer or other person authorized to
20 enforce Idaho fish and game laws or rules promulgated pursuant
21 thereto. No person shall be found guilty of violating this subpart
22 provided 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.
27 8. Devices Accessed via Internet.
28 (A) No person shall shoot at or kill any bird or animal in Idaho,
29 wild or domestic, including domestic cervidae governed under the pro-
30 visions of chapter 37, title 25, Idaho Code, with any gun or other
31 device accessed and controlled via an internet connection. Accessing,
32 regulating access to, or regulating the control of a device capable
33 of being operated in violation of this paragraph shall be prima facie
34 evidence of an offense under this paragraph.
35 (B) Any person pleading guilty to, convicted of or found guilty of a
36 violation of this paragraph shall be guilty of a misdemeanor and
37 shall be punished as provided in section 36-1402, Idaho Code.
STATEMENT OF PURPOSE
RS 16875
This legislation amends Title 36 of Idaho Code to restrict the
shooting at, or killing, any bird or animal in Idaho with any gun
or other device accessed via the Internet.
FISCAL IMPACT
There is no impact to the general fund.
Contact
Name: Sen. David Langhorst 332-1352
Sen. Clint Stennett 332-1351
Sen. Gary Schroeder 332-1323
STATEMENT OF PURPOSE/FISCAL NOTE S 1128