Bill Analyses and Ratings
Bill Information: H0774 – Repeal of Idaho Fish & Game Penalty Section 36-1120
Bill Summary
House Bill 774 repeals Section 36-1120 of Idaho Code, which governed penalties under the Idaho Department of Fish and Game. The Legislature identifies this provision as obsolete, outdated, or unnecessary under the Idaho Code Cleanup Act, and the repeal takes effect July 1, 2026 under an emergency clause.
The bill’s only substantive change is the removal of an existing penalty provision from Idaho’s Fish and Game statutes. The legislative intent section frames this as part of a broader effort to streamline state law and remove provisions that no longer serve the public health, safety, or welfare. Because the text of Section 36-1120 is not reproduced in the bill, the precise penalties being eliminated are not visible in this markup, but the title confirms they relate to Fish and Game enforcement.
The emergency declaration accelerates the effective date to July 1, 2026, rather than the standard 60-day post-session timeline, ensuring the code cleanup takes effect at the start of the new fiscal year.
Overall Assessment
This bill removes an Idaho Fish and Game penalty provision that the Legislature has deemed obsolete, eliminating whatever enforcement mechanism Section 36-1120 previously provided. The practical impact is narrow — the repeal of a single, apparently redundant penalties section — with no new programs, spending, or regulatory changes created. Hunters, anglers, and Fish and Game enforcement personnel are the most directly affected parties, though the Legislature’s determination that the provision is unnecessary suggests any real-world enforcement gap is minimal.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
The bill's Section 1 explicitly invokes the Idaho Code Cleanup Act and states the Legislature's intent to keep state law 'streamlined, up-to-date, and essential.' While this language gestures toward limited government and efficient administration, the actual operative change — repealing one penalty subsection — is too narrow to constitute a meaningful reduction in government scope or spending.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
The bill repeals a Fish and Game penalties provision and has no bearing on citizen participation in government, election processes, voting rights, or public access to government decision-making.
ARTICLE III. EDUCATION (0)
The repeal of a Fish and Game penalty section has no connection to education policy, school funding, curriculum, or parental rights in education.
ARTICLE IV. AGRICULTURE (0)
Although Fish and Game regulations can intersect with agricultural operations in some contexts, this bill simply removes a penalty provision without addressing farming, ranching, agricultural trade, or water rights for agricultural users.
ARTICLE V. WATER (0)
The bill repeals a Fish and Game penalties section and makes no changes to water rights, water appropriation, inter-basin transfers, or federal involvement in Idaho's water management.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
While Section 36-1120 falls within the Fish and Game title — a natural resources domain — the bill does not alter any management policy, land use rule, or environmental regulation. Removing an obsolete penalty provision does not change how Idaho's natural resources are stewarded or regulated.
ARTICLE VII. ENERGY (0)
The repeal of a Fish and Game penalty provision has no relationship to energy production, energy independence, utility rates, or hydropower policy.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
This bill concerns Fish and Game law and has no connection to the Idaho National Laboratory, nuclear research, or energy innovation.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
The bill removes a Fish and Game penalty provision without referencing private property, land use rights, or government takings, leaving property rights law entirely unchanged.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The bill does not address the balance of state versus federal land ownership or administration in Idaho. The repeal of a Fish and Game penalty section has no effect on land management jurisdiction.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
Although this bill directly touches Fish and Game law by repealing Section 36-1120, it does not alter hunting or fishing opportunity, species management direction, or IDFG's authority to manage wildlife populations. The Legislature's determination that the provision is obsolete suggests it was not actively shaping wildlife management outcomes.
ARTICLE XII. ECONOMY (0)
Repealing a single Fish and Game penalty provision has no discernible effect on Idaho's broader economy, business regulation, labor markets, or commerce.
ARTICLE XIII. HEALTH AND WELFARE (0)
The bill has no connection to healthcare access, health insurance, public health programs, or welfare policy.
ARTICLE XIV. AMERICAN FAMILY (0)
The repeal of a Fish and Game penalty provision does not touch family policy, parental rights, marriage law, or child welfare.
ARTICLE XV. OLDER AMERICANS (0)
This bill makes no changes relevant to older Idahoans, elder care, retirement security, or age-related workforce policy.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)
Section 36-1120 is titled 'RELATING TO PENALTIES,' meaning its repeal eliminates at least one Fish and Game enforcement mechanism. However, the Legislature's finding that the provision is obsolete or unnecessary indicates it was not being actively used for enforcement, and the repeal does not touch the broader criminal justice framework covering violent crime, victim restitution, or gun rights.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
The bill concerns Fish and Game law exclusively and has no bearing on national defense, border security, veterans' affairs, or military policy.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The repeal of a Fish and Game penalty provision has no connection to judicial elections, court structure, or constitutional interpretation principles.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
This bill makes no changes to religious freedom protections, government interference with religious exercise, or any related policy area.