2007 Legislation
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SENATE BILL NO. 1128 – Hunting via internet, penalties

SENATE BILL NO. 1128

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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