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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.
Speaker
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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1011
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO FISH AND GAME; AMENDING SECTION 36-1101, IDAHO CODE, TO REVISE
3 TERMINOLOGY RELATING TO SPECIAL PERMITS AUTHORIZING PHYSICALLY DISABLED
4 PERSONS TO HUNT FROM MOTORIZED VEHICLES WHICH ARE NOT IN MOTION, TO PRO-
5 VIDE A DEFINITION AND TO MAKE A TECHNICAL CORRECTION.
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 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,
2
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
3
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
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 13.01.04.010.04, 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.
CONTACT
Name: Sharon Kiefer
Agency: Fish and Game, Dept. of
Phone: 334-3791
STATEMENT OF PURPOSE/FISCAL NOTE S 1011