2008 Legislation
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SENATE BILL NO. 1280<br /> – F&G, hound hunter permit fee

SENATE BILL NO. 1280

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Bill Status



S1280aaH.......................................................by SCHROEDER
FISH AND GAME - FEE - Amends existing law relating to fish and game to
revise a hound hunter permit fee.

01/16    Senate intro - 1st rdg - to printing
01/17    Rpt prt - to Res/Env
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Schroeder
    Title apvd - to House
03/12    House intro - 1st rdg - to Res/Con
03/18    Rpt out - to Gen Ord
03/27    Rpt out amen - to 1st rdg as amen
03/28    1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 59-6-5
      AYES -- Anderson, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mortimer, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Ruchti, Rusche,
      Sayler, Schaefer, Shepherd(02), Shirley, Shively, Smith(30),
      Smith(24), Snodgrass, Thayn, Thomas, Trail, Vander Woude, Wood(27),
      Mr. Speaker
      NAYS -- Andrus, Kren, Mathews, Patrick, Shepherd(08), Stevenson
      Absent and excused -- King, Labrador, McGeachin, Wills, Wood(35)
    Floor Sponsor - Hagedorn
    Title apvd - to Senate
03/31    Senate Ref'd to Res/Env
04/02    Rpt out w/rec Senate not concur in House amens
    Ref'd to 10th Ord - Held at Desk

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1280

                                        BY SCHROEDER

  1                                        AN ACT
  2    RELATING TO FISH AND GAME; AMENDING SECTION 36-416, IDAHO CODE,  TO  REVISE  A
  3        FEE PROVISION FOR A HOUND HUNTER PERMIT.

  4    Be It Enacted by the Legislature of the State of Idaho:

  5        SECTION  1.  That  Section  36-416, Idaho Code, be, and the same is hereby
  6    amended to read as follows:

  7        36-416.  SCHEDULE OF LICENSE FEES.
  8    (a)  Sport Licenses
  9        License                                      Resident   Non-Resident
 10        Combination License                          $ 31.75     $  198.00
 11        Hunting License                                11.00        139.75
 12        Fishing License                                24.00         80.25
 13        Sr. Combination License (65 and Older)         10.00           N/A
 14        Sportsman's Pak License                       108.50           N/A
 15        Jr. Combination License                        15.75           N/A
 16        Jr. Hunting License                             5.50           N/A
 17        Jr. Mentored Hunting License                     N/A          5.50
 18        Youth Small Game License                        5.50          5.50
 19        Youth Hunter Education
 20          Graduate Hunting License                      3.25          3.25
 21        Jr. Fishing License                            12.00         12.00
 22        Disabled Combination License                    3.25           N/A
 23        Disabled Fishing License                        3.25           N/A
 24        Military Furlough Combination License          15.75           N/A
 25        Military Furlough Fishing License              15.75           N/A
 26        Small Game Hunting License                       N/A         80.00
 27        Daily Fishing (1st-day) License                 9.75          9.75
 28        Consecutive Day Fishing License                 5.00          5.00
 29        3 Day Fishing with Salmon/Steelhead Permit       N/A         29.75
 30        Nongame Hunting License                          N/A         27.50
 31    (b)  Sport Tags
 32        Deer Tag                                     $ 18.00     $  256.75
 33        Jr. or Sr. or Disabled American Veteran
 34          Deer Tag                                      9.00           N/A
 35        Jr. Mentored Deer Tag                            N/A          9.00
 36        Elk Tag                                        29.00        370.75
 37        Jr. or Sr. or Disabled American Veteran
 38          Elk Tag                                      14.75           N/A
 39        Jr. Mentored Elk Tag                             N/A         14.75
 40        Bear Tag                                        9.75        150.00
 41        Jr. or Sr. or Disabled American Veteran
 42          Bear Tag                                      5.00           N/A
 43        Jr. Mentored Bear Tag                            N/A          5.00

                                       2

  1        Turkey Tag                                     18.00         65.75
  2        Jr. or Sr. or Disabled American Veteran
  3          Turkey Tag                                    9.00           N/A
  4        Jr. Mentored Turkey Tag                          N/A          9.00
  5        Mountain Lion Tag                               9.75        150.00
  6        Gray Wolf Tag                                   9.75        150.00
  7        Antelope Tag                                   29.50        256.75
  8        Moose Tag                                     165.00      1,750.00
  9        Sheep Tag                                     165.00      1,750.00
 10        Goat Tag                                      165.00      1,750.00
 11        Sandhill Crane Tag                             18.00         65.75
 12    (c)  Sport Permits
 13        Bear Baiting Permit                          $ 11.00     $   11.00
 14        Hound Hunter Permit                            11.00       1040.00
 15        WMA Upland Game Bird Permit                    22.00         22.00
 16        Archery Permit                                 16.50         16.50
 17        Muzzleloader Permit                            16.50         16.50
 18        Salmon Permit                                  11.00         11.00
 19        Steelhead Permit                               11.00         11.00
 20        Federal Migratory Bird Harvest Info. Permit     0.00          0.00
 21        Handicapped Archery Permit                      0.00          0.00
 22        2-Pole Fishing Permit                          12.00         12.00
 23        Controlled Hunt Permit                          6.00          6.00
 24    (d)  Commercial Licenses and Permits
 25        Raptor Captive Breeding Permit               $ 65.75     $   65.75
 26        Falconry Permit                                27.25           N/A
 27        Falconry Capture Permit                          N/A        139.75
 28        Jr. Trapping License                            5.50           N/A
 29        Trapping License                               25.00        250.00
 30        Taxidermist-Fur Buyer License
 31         5 year license                               175.00           N/A
 32         1 year license                                38.25        139.00
 33        Shooting Preserve Permit                      329.75           N/A
 34        Commercial Wildlife Farm License              137.50           N/A
 35        Commercial Fishing License                    110.00        220.00
 36        Wholesale Steelhead License                   165.00        165.00
 37        Retail Steelhead Trout Buyer's License         33.00         33.00
 38    (e)  Commercial Tags
 39        Bobcat Tag                                   $  8.25     $    8.25
 40        Lynx Tag                                        8.25          8.25
 41        Beaver Tag                                      5.50          5.50
 42        Net Tag                                        55.00         55.00
 43        Crayfish/Minnow Tag                             1.25          1.25
 44    (f)  Miscellaneous-Other Licenses
 45        Duplicate License                            $  5.50     $    5.50
 46        Shooting Preserve License                      11.00         11.00
 47        Captive Wolf License                           22.00           N/A
 48    (g)  Miscellaneous-Other Tags
 49        Duplicate Tag                                $  5.50     $    5.50
 50        Wild Bird Shooting Preserve Tag                 5.50          5.50
 51    (h)  Miscellaneous-Other Permits-Points
 52        Falconry In-State Transfer Permit            $  5.50     $     N/A
 53        Falconry Meet Permit                             N/A         21.75
 54        Private Park Permit                            21.75         21.75
 55        Wildlife Import Permit                         21.75         21.75

                                       3

  1        Wildlife Export Permit                         11.00         11.00
  2        Wildlife Release Permit                        11.00         11.00
  3        Captive Wildlife Permit                        21.75         21.75
  4        Fishing Tournament Permit                      21.75         21.75
  5        Dog Field Trial Permit                         33.00         33.00
  6        Live Fish Transport Permit                     21.75         21.75
  7        Controlled Hunt Application Fee                 4.50          4.50
  8        Nursing Home Fishing Permit                    33.00           N/A

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved by    Moyle

                                                     Seconded by Hagedorn


                              IN THE HOUSE OF REPRESENTATIVES
                             HOUSE AMENDMENTS TO S.B. NO. 1280

  1                               AMENDMENTS TO SECTION 1
  2        On page 2 of the printed bill, in line 14, delete "4" and insert: "5"; and
  3    on page 3, following line 8, insert:
  4        "Controlled Hunt Bonus Points/
  5            Preference Points
  6            (Not to exceed)                             6.00        6.00".

  7                                AMENDMENT TO THE BILL
  8        On page 1, following line 4, insert:
  9        "SECTION 1.  That Section 36-104, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:

 11        36-104.  GENERAL  POWERS  AND  DUTIES  OF  COMMISSION. (a) Organization --
 12    Meetings. The members of the commission shall annually meet at  their  offices
 13    and  organize  by  electing  from  their membership a chairman, who shall hold
 14    office for a period of one (1) year, or until  his  successor  has  been  duly
 15    elected.  In  addition  to  the regular annual meeting, to be held in January,
 16    said commission shall hold other regular quarterly meetings each year at  such
 17    places  within the state as the commission shall select for the transaction of
 18    business. Special meetings may be called at any time and place by the chairman
 19    or a majority of the members of the commission. Notice of the time, place  and
 20    purpose  of  any  and  all special meetings shall be given by the secretary to
 21    each member of the commission prior to said meeting.
 22        (b)  Authorization for Commission Powers and Duties. For  the  purpose  of
 23    administering  the  policy as declared in section 36-103, Idaho Code, the com-
 24    mission is hereby authorized and empowered to:
 25        1.  Investigate and find facts regarding the status of the  state's  wild-
 26        life  populations in order to give effect to the policy of the state here-
 27        inbefore announced.
 28        2.  Hold hearings for the purpose of hearing testimony,  considering  evi-
 29        dence  and determining the facts as to when the supply of any of the wild-
 30        life in this state will be injuriously affected by the taking thereof,  or
 31        for the purpose of determining when an open season may be declared for the
 32        taking of wildlife. Whenever said commission determines that the supply of
 33        any  particular  species of wildlife is being, or will be, during any par-
 34        ticular period of time, injuriously affected by  depletion  by  permitting
 35        the  same  to be taken, or if it should find a longer or different season,
 36        or different bag  limit  should  be  adopted  for  the  better  protection
 37        thereof, or if it finds that an open season may be declared without endan-
 38        gering  the  supply  thereof,  then  it  shall make a rule or proclamation
 39        embodying its findings in respect to when, under  what  circumstances,  in
 40        which localities, by what means, what sex, and in what amounts and numbers
 41        the wildlife of this state may be taken.
 42        3.  Whenever  it  finds  it necessary for the preservation, protection, or

                                       2

  1        management of any wildlife of this state, by reason of any act of  God  or
  2        any  other  sudden  or  unexpected emergency, declare by temporary rule or
  3        proclamation the existence of such necessity, and the cause  thereof,  and
  4        prescribe  and designate all affected areas or streams, and close the same
  5        to hunting, angling or trapping, or impose such  restrictions  and  condi-
  6        tions  upon  hunting, angling or trapping as said commission shall find to
  7        be necessary. Every such temporary rule shall be made in  accordance  with
  8        the provisions of chapter 52, title 67, Idaho Code.
  9        4.  At any time it shall deem necessary for the proper management of wild-
 10        life on any game preserve in the state of Idaho, declare an open season in
 11        any game preserve as it deems appropriate.
 12        5.   (A)  Upon  notice  to  the  public,  hold  a public drawing giving to
 13             license holders, under the wildlife laws of this state, the privilege
 14             of drawing by lot for a controlled hunt permit authorizing the person
 15             to whom issued to hunt, kill, or attempt to kill any species of  wild
 16             animals  or birds designated by the commission under such rules as it
 17             shall prescribe.
 18             (B)  The commission may, under rules or proclamations as it may  pre-
 19             scribe,  authorize  the  director to issue additional controlled hunt
 20             permits and collect fees therefor authorizing landowners of  property
 21             valuable  for  habitat  or propagation purposes of deer, elk or ante-
 22             lope, or the landowner's designated agent(s) to  hunt  deer,  elk  or
 23             antelope  in  controlled hunts containing the eligible property owned
 24             by those landowners in units where any permits for deer, elk or ante-
 25             lope are limited.
 26             (C)  A nonrefundable fee as specified in section 36-416, Idaho  Code,
 27             shall  be  charged  each applicant for a controlled hunt permit. Suc-
 28             cessful applicants for controlled hunt permits shall be  charged  the
 29             fee  as  specified in section 36-416, Idaho Code. Additionally, a fee
 30             may be charged for telephone and credit  card  orders  in  accordance
 31             with  subsection (e)11. of section 36-106, Idaho Code. The department
 32             shall include a checkoff form to allow applicants  to  designate  one
 33             dollar  ($1.00) of such nonrefundable application fee for transmittal
 34             to the reward fund of citizens against poaching, inc., an Idaho  non-
 35             profit corporation. The net proceeds from the nonrefundable fee shall
 36             be  deposited  in  the fish and game account and none of the net pro-
 37             ceeds shall be used to purchase lands.
 38             (D)  The commission may by rule establish procedures and fees  relat-
 39             ing  to the purchase of controlled hunt bonus or preference points by
 40             sportsmen.
 41        6.  Adopt rules pertaining to the importation, exportation, release, sale,
 42        possession or transportation into, within or from the state  of  Idaho  of
 43        any species of live, native or exotic wildlife or any eggs thereof.
 44        7.  Acquire  for and on behalf of the state of Idaho, by purchase, condem-
 45        nation, lease, agreement, gift, or other device, lands or waters  suitable
 46        for  the  purposes  hereinafter enumerated in this paragraph. Whenever the
 47        commission proposes to purchase a tract of land in excess of fifteen  (15)
 48        acres,  the  commission  shall notify the board of county commissioners of
 49        the county where this land is located of the intended action. The board of
 50        county commissioners shall have ten (10) days after official  notification
 51        to notify the commission whether or not they desire the commission to hold
 52        a  public  hearing  on the intended purchase in the county. The commission
 53        shall give serious consideration to all public input received at the  pub-
 54        lic  hearing  before  making a final decision on the proposed acquisition.
 55        Following any land purchase, the fish and game commission  shall  provide,

                                       3

  1        upon  request  by  the  board  of county commissioners, within one hundred
  2        twenty (120) days, a management plan for the  area  purchased  that  would
  3        address  noxious  weed control, fencing, water management and other impor-
  4        tant issues raised during the public hearing. When considering  purchasing
  5        lands  pursuant  to this paragraph, the commission shall first make a good
  6        faith attempt to obtain a conservation easement, as  provided  in  chapter
  7        21,  title  55,  Idaho  Code, before it may begin proceedings to purchase,
  8        condemn  or otherwise acquire such lands. If the attempt to acquire a con-
  9        servation easement is unsuccessful  and  the  commission  then  purchases,
 10        condemns  or  otherwise acquires the lands, the commission shall record in
 11        writing the reasons why the attempt at acquiring the conservation easement
 12        was unsuccessful and then file the same in its records and in a report  to
 13        the  joint finance-appropriations committee. The commission shall develop,
 14        operate, and maintain the lands, waters or conservation easements for said
 15        purposes, which are hereby declared a public use:
 16             (A)  For fish hatcheries, nursery ponds, or game animal or game  bird
 17             farms;
 18             (B)  For game, bird, fish or fur-bearing animal restoration, propaga-
 19             tion or protection;
 20             (C)  For  public hunting, fishing or trapping areas to provide places
 21             where the public may fish, hunt, or trap in accordance with the  pro-
 22             visions of law, or the regulation of the commission;
 23             (D)  To  extend and consolidate by exchange, lands or waters suitable
 24             for the above purposes.
 25        8.  Enter into cooperative agreements with educational  institutions,  and
 26        state,  federal,  or  other  agencies  to promote wildlife research and to
 27        train students for wildlife management.
 28        9.  Enter into cooperative agreements with  state  and  federal  agencies,
 29        municipalities,  corporations,  organized  groups  of landowners, associa-
 30        tions, and individuals for the development of wildlife rearing,  propagat-
 31        ing, management, protection and demonstration projects.
 32        10. In  the  event owners or lawful possessors of land have restricted the
 33        operation of motor-propelled vehicles upon  their  land,  the  commission,
 34        upon consultation with all other potentially affected landowners, and hav-
 35        ing  held  a  public hearing, if requested by not less than ten (10) resi-
 36        dents of any county in which the land is located, may enter into  coopera-
 37        tive  agreements with those owners or possessors to enforce those restric-
 38        tions when the restrictions protect wildlife  or  wildlife  habitat.  Pro-
 39        vided,  however,  the  commission shall not enter into such agreements for
 40        lands which either lie outside or are not adjacent to  any  adjoining  the
 41        proclaimed boundaries of the national forests in Idaho.
 42             (A)  The  landowners,  with  the  assistance of the department, shall
 43             cause notice  of  the  restrictions,  including  the  effective  date
 44             thereof,  to  be posted on the main traveled roads entering the areas
 45             to which the restrictions apply. Provided, however, that  nothing  in
 46             this  subsection  shall  allow the unlawful posting of signs or other
 47             information on or adjacent to public highways as defined  in  subsec-
 48             tion (5) of section 40-109, Idaho Code.
 49             (B)  Nothing  in  this  section  authorizes  the establishment of any
 50             restrictions that impede normal forest  or  range  management  opera-
 51             tions.
 52             (C)  No  person  shall violate such restrictions on the use of motor-
 53             propelled vehicles or tear down or lay  down  any  fencing  or  gates
 54             enclosing  such  a  restricted  area  or  remove, mutilate, damage or
 55             destroy any notices, signs or markers giving notice of such  restric-

                                       4

  1             tions. The commission may promulgate rules to administer the restric-
  2             tions and cooperative agreements addressed in this subsection.
  3        11. Capture,  propagate,  transport,  buy, sell or exchange any species of
  4        wildlife needed for propagation or stocking purposes, or to exercise  con-
  5        trol of undesirable species.
  6        12. Adopt  rules pertaining to the application for, issuance of and admin-
  7        istration of a lifetime license certificate system.
  8        13. Adopt rules governing the application and issuance of permits for and
  9        administration of fishing contests on waters under the jurisdiction of the
 10        state. The fee for each permit shall be as provided for in section 36-416,
 11        Idaho Code.
 12        14. Adopt rules governing the application for and issuance of licenses  by
 13        telephone and other electronic methods.
 14        15. Enter  into  agreements with cities, counties, recreation districts or
 15        other political subdivisions for the lease of lands or waters,  in  accor-
 16        dance  with  all other applicable laws, including applicable provisions of
 17        titles 42 and 43, Idaho Code,  to  cost-effectively  provide  recreational
 18        opportunities  for  taxpayers  or  residents of those local governments or
 19        political subdivisions.
 20        (c)  Limitation on Powers. Nothing in this title shall be construed to au-
 21    thorize the commission to change any penalty prescribed by law for a violation
 22    of its provisions, or to change the amount of license fees  or  the  authority
 23    conferred by licenses prescribed by law.
 24        (d)  Organization  of  Work. The commission shall organize the department,
 25    in accordance with the provisions of title 67, Idaho Code, into administrative
 26    units as may be necessary  to  efficiently  administer  said  department.  All
 27    employees  of  the  department  except  the  director  shall  be  selected and
 28    appointed by the director in conformance with the provisions  of  chapter  53,
 29    title 67, Idaho Code.";
 30    and also on page 1, in line 5, delete "SECTION 1" and insert: "SECTION 2".

 31                                 CORRECTION TO TITLE
 32        On page 1, delete lines 2 and 3, and insert:
 33    "RELATING  TO FISH AND GAME; AMENDING SECTION 36-104, IDAHO CODE, TO AUTHORIZE
 34        THE FISH AND GAME COMMISSION TO ESTABLISH PROCEDURES AND FEES RELATING  TO
 35        THE  PURCHASE  OF CONTROLLED HUNT BONUS OR PREFERENCE POINTS; AND AMENDING
 36        SECTION 36-416, IDAHO CODE, TO REVISE A FEE PROVISION FOR A  HOUND  HUNTER
 37        PERMIT AND TO REVISE THE SCHEDULE OF LICENSE FEES.".

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17568

When license fees were increased in 2005, Resident Hound Hunter
permits were increased by 10%, from $10-$11, along with other
resident licenses and tags.  Non-resident hound hunter permits
were lowered from $127 to $100, instead of being increased by 10%
as were most other tags and fees.  This bill corrects that
mistake  by adding 10% to the $127 pre-2005 fee  and establishing
the permit fee at $140, the same percentage increase as resident
hound hunter permits in 2005. There is a demand for nonresident
hound hunter permits that exceeds the quota, with an estimated
200 applications a year for the 115 issued permits. 


                         FISCAL NOTE

During the past 10 years there has been an average of 115 Non-
resident hound hunter permits sold each year.  Using this
average, the Department can expect an additional $4600/year in
revenue.



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


STATEMENT OF PURPOSE/FISCAL NOTE                       S 1280