HOUSE BILL NO. 473

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Bill Status



H0473.........................................by RESOURCES AND CONSERVATION
OUTFITTERS AND GUIDES - Amends existing law relating to outfitters and
guides to provide that knowingly paying consideration or compensation to
persons not duly licensed for services requiring an outfitting or guiding
license shall constitute a misdemeanor; to revise provisions relating to
subpoenas and subpoenas duces tecum; and to revise and provide for penalty
provisions, reimbursement of costs and suspension of licenses to hunt and
fish.

02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to Res/Con
02/20    Rpt out - rec d/p - to 2nd rdg
02/21    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 53-8-9
      AYES -- Anderson, Barrett, Bayer, Bell, Bilbao, Black, Block, Boe,
      Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
      Collins, Crane, Eskridge, Hagedorn, Hart, Henderson, Jaquet, Killen,
      King, Labrador, LeFavour, Luker, Mathews, Mortimer, Moyle, Nielsen,
      Nonini, Pasley-Stuart, Pence, Ringo, Roberts, Ruchti, Rusche, Sayler,
      Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively,
      Smith(30)(Stanek), Thayn, Thomas, Trail, Vander Woude, Wills,
      Wood(35), Mr. Speaker
      NAYS -- Bock, Harwood, Henbest, Lake, Loertscher, Marriott,
      McGeachin, Patrick
      Absent and excused -- Andrus, Bedke, Durst, Kren, Raybould,
      Smith(24), Snodgrass, Stevenson, Wood(27)
    Floor Sponsor - Wood(35)
    Title apvd - to Senate
02/25    Senate intro - 1st rdg - to Res/Env
03/06    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 34-0-1
      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, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- McKenzie
    Floor Sponsors - Little & Andreason
    Title apvd - to House
03/11    To enrol - Rpt enrol - Sp signed
03/12    Pres signed - To Governor
03/14    Governor signed
         Session Law Chapter 112
         Effective: 07/01/08

Bill Text




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

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 473

                          BY RESOURCES AND CONSERVATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO OUTFITTERS AND GUIDES; AMENDING SECTION 36-2104,  IDAHO  CODE,  TO
  3        PROVIDE  THAT KNOWINGLY PROVIDING CONSIDERATION OR COMPENSATION TO PERSONS
  4        NOT DULY LICENSED FOR SERVICES REQUIRING AN OUTFITTING OR GUIDING  LICENSE
  5        SHALL CONSTITUTE A MISDEMEANOR AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
  6        SECTION  36-2107,  IDAHO  CODE, TO REVISE PROVISIONS RELATING TO SUBPOENAS
  7        AND SUBPOENAS DUCES TECUM AND TO PROVIDE FOR THE PAYMENT OF  CERTAIN  FEES
  8        AND  MILEAGE; AND AMENDING SECTION 36-2117, IDAHO CODE, TO REVISE AND PRO-
  9        VIDE FOR PENALTY PROVISIONS,  TO  PROVIDE  FOR  REIMBURSEMENT  OF  CERTAIN
 10        COSTS,  TO PROVIDE FOR SUSPENSION OF LICENSES TO HUNT AND FISH AND TO MAKE
 11        TECHNICAL CORRECTIONS.

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

 13        SECTION 1.  That Section 36-2104, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:

 15        36-2104.  LICENSE  A PREREQUISITE FOR OUTFITTING AND GUIDING. (a1) It is a
 16    misdemeanor for any person to engage in the business of or act in the capacity
 17    of an outfitter or outfitting, or in the occupation of  guiding,  unless  such
 18    person  has first secured an outfitter's or guide's license in accordance with
 19    the provisions of this act chapter, or for any person to knowingly  and  will-
 20    ingly conspire to violate the provisions of this chapter.
 21        (b2)  It  is a misdemeanor for any person to provide consideration or com-
 22    pensation for services requiring an outfitting or guiding license  to  another
 23    person,  when  such  person  providing consideration or compensation knows the
 24    person providing such services is not duly licensed as an outfitter  or  guide
 25    in accordance with the provisions of this chapter.
 26        (3)  Any  person who shall violate the provisions of this chapter shall be
 27    guilty of a misdemeanor, and upon conviction thereof,  such  person  shall  be
 28    punished as provided in section 36-2117, Idaho Code.

 29        SECTION  2.  That  Section 36-2107, Idaho Code, be, and the same is hereby
 30    amended to read as follows:

 31        36-2107.  POWERS AND DUTIES OF BOARD.  The  board  which  may  by  written
 32    agreement authorize the bureau of occupational licenses as agent to act in its
 33    interest, shall have the following duties and powers:
 34        (a)  To conduct examinations to ascertain the qualifications of applicants
 35    for  outfitter's  or guide's licenses, and to issue such licenses to qualified
 36    applicants, with such restrictions and limitations thereon as  the  board  may
 37    find reasonable.
 38        (b)  To  prescribe  and  establish rules of procedure to carry into effect
 39    the provisions of this chapter including, but not limited to, rules  prescrib-
 40    ing  all  requisite qualifications of training, experience, knowledge of rules
 41    of governmental bodies, condition and type of gear and equipment, examinations

                                       2

  1    to be given applicants, whether oral, written or demonstrative, or a  combina-
  2    tion thereof.
  3        (c)  To  conduct  hearings  and proceedings to suspend, revoke or restrict
  4    the licenses of outfitters or guides, and to suspend, revoke or restrict  said
  5    licenses for due cause in the manner hereinafter provided.
  6        (d)  The  board  is  expressly  vested with the power and the authority to
  7    enforce the provisions of this chapter including obtaining  injunctive  relief
  8    and  to  make  and  enforce  any and all reasonable rules which shall by it be
  9    deemed necessary and which are not in conflict with  the  provisions  of  this
 10    chapter,  for  the express purpose of safeguarding the health, safety, welfare
 11    and freedom from injury or danger of those persons utilizing the  services  of
 12    outfitters  and  guides,  and  for  the  conservation  of  wildlife  and range
 13    resources.
 14        (e)  The board shall have the power to  cooperate  with  the  federal  and
 15    state  government through its appropriate agency or instrumentality in matters
 16    of mutual concern regarding the business of outfitting and guiding in Idaho.
 17        (f)  The board shall have the power  throughout  the  state  of  Idaho  to
 18    request  the attendance of witnesses and the production of such books, records
 19    and papers as may be required at any hearing before it, and for  that  purpose
 20    the  board may request a district court to issue a subpoena for any witness or
 21    a subpoena duces tecum to compel the  production  of  any  books,  records  or
 22    papers.  Subpoenas shall be directed to the sheriff of any county in the state
 23    of Idaho where such witness resides or may be found. Subpoenas shall be served
 24    and returned in the same manner as subpoenas in a criminal case. The fees  and
 25    mileage of the sheriff and witnesses shall be the same as that allowed in dis-
 26    trict  court  criminal  cases,  which  fees and mileage shall be paid from any
 27    funds in the state treasury available therefor in the  same  manner  as  other
 28    expenses  of  the  board  are paid. Disobedience of any subpoena issued by the
 29    district court or the refusal by any witness in failing to testify  concerning
 30    any  matter regarding which he may lawfully be interrogated, or the failure to
 31    produce any books, records or papers shall constitute a contempt of  the  dis-
 32    trict  court of any county where such disobedience or refusal occurs, and said
 33    court, or any judge thereof, by proceedings for contempt in said  court,  may,
 34    if such contempt be found, punish said witness as in any other case of disobe-
 35    dience of a subpoena issued from such court or refusal to testify therein. The
 36    board  or its hearing officer may issue and serve subpoenas or subpoenas duces
 37    tecum in a manner consistent with chapter 52, title 67, Idaho Code, the  rules
 38    of  the  office  of  the attorney general, and rules 45(e)(2) and 45(g) of the
 39    Idaho rules of civil procedure. Payment of fees or mileage for service of sub-
 40    poenas or attendance of witnesses shall be paid by the board  consistent  with
 41    the provisions of chapter 52, title 67, Idaho Code, the rules of the office of
 42    the attorney general, and rule 45(e)(1) of the Idaho rules of civil procedure.
 43    Disobedience  of  a subpoena or subpoena duces tecum may be enforced by making
 44    application to the district court. Disobedience by a licensee of a subpoena or
 45    subpoena duces tecum issued by the board shall be  deemed  a  violation  of  a
 46    board order.
 47        (g)  The  board  shall  have the power to appoint an executive director to
 48    serve at the pleasure of the board. The executive  director  shall  carry  out
 49    such  administrative  duties  as  delegated  to the director by the board. The
 50    board may, in its discretion, refuse, sustain or reverse,  by  majority  vote,
 51    any action or decision of the executive director. The executive director shall
 52    be  exempt  from the provisions of chapter 53, title 67, Idaho Code, and shall
 53    receive a salary that is fixed by the board.
 54        (h)  The board shall have the power to hire enforcement agents in order to
 55    conduct investigations  and  enforce  the  provisions  of  this  chapter.  All

                                       3

  1    enforcement agents appointed by the board who are certified by the Idaho peace
  2    officer standards and training advisory council, shall have the power of peace
  3    officers limited to:
  4        1.  Enforcement of the provisions of this chapter.
  5        2.  Responding to express requests from other law enforcement agencies for
  6        aid and assistance in enforcing other laws.  For purposes of this section,
  7        such  a request from a law enforcement agency shall mean only a request as
  8        to a particular and singular violation or suspicion of violation  of  law,
  9        and  shall  not constitute a continuous request for assistance outside the
 10        purview of enforcement of the provisions of this chapter.
 11        (i)  By August 1 of each year, the board shall provide to the director  of
 12    the department of fish and game, in a manner and form prescribed by the direc-
 13    tor,  the  number of each species of big game taken in each management unit by
 14    clients of licensed outfitters between July 1  of  the  immediately  preceding
 15    calendar year and June 30 of the current calendar year.
 16        (j)  The  board  shall  by  rule  designate the number of deer or elk tags
 17    allocated pursuant to section 36-408(4),  Idaho  Code,  among  the  authorized
 18    operating areas within the game management area, unit or zone.

 19        SECTION  3.  That  Section 36-2117, Idaho Code, be, and the same is hereby
 20    amended to read as follows:

 21        36-2117.  PENALTY FOR VIOLATIONS --  PROSECUTING  ATTORNEY  TO  PROSECUTE.
 22    (a1)  It  shall  be the duty of the prosecuting attorney of each county in the
 23    state to prosecute, in the county  where  the  violation  occurs,  any  person
 24    charged  with  violating  the  provisions of section 36-2104 or 36-2116, Idaho
 25    Code.
 26        (b2)  Any person convicted who pleads guilty or is found guilty of a first
 27    offense for violating the provisions of this chapter  section  36-2104,  Idaho
 28    Code,  shall  be punished by a fine of not less than one hundred thousand dol-
 29    lars ($1,000) nor more than five thousand dollars ($5,000), or by imprisonment
 30    in the county jail for a term not to exceed ninety (90) days one (1) year,  if
 31    other than a corporation, or by both such fine and imprisonment in the discre-
 32    tion of the court.
 33        (3)  Any  person  who pleads guilty or is found guilty of a second offense
 34    for violating the provisions of section 36-2104, Idaho Code, shall be punished
 35    by a fine of not less than two thousand five hundred dollars ($2,500) nor more
 36    than five thousand dollars ($5,000), or by imprisonment in the county jail for
 37    a term not to exceed one (1) year, if other than a  corporation,  or  by  both
 38    such fine and imprisonment in the discretion of the court.
 39        (4)  Any  person who pleads guilty or is found guilty of a third or subse-
 40    quent offense for violating the provisions of  section  36-2104,  Idaho  Code,
 41    shall be punished by a fine of five thousand dollars ($5,000), or by imprison-
 42    ment in the county jail for a term not to exceed one (1) year, if other than a
 43    corporation,  or  by  both such fine and imprisonment in the discretion of the
 44    court.
 45        (5)  Any person who pleads guilty or is found guilty  of  a  violation  of
 46    section 36-2116, Idaho Code, shall be guilty of a misdemeanor.
 47        (6)  All  fines  and  penalties  collected  for violation of this section,
 48    under sentence or judgment of any court, shall be paid over by such  court  in
 49    the  same  manner  as  provided for in section 36-2116, Idaho Code. Such court
 50    shall also send to the Idaho outfitters and guides board a  statement  setting
 51    forth  the title of the court and of the cause for which such moneys were col-
 52    lected, the name and residence of the defendant or defendants, the  nature  of
 53    the  offense or offenses and the fine and the sentence or judgment imposed and

                                       4

  1    such moneys so received by the board shall be deposited with the  state  trea-
  2    surer  and  the  state treasurer shall credit the same to the Idaho outfitters
  3    and guides board account in the dedicated fund. The court  shall  require  any
  4    person  violating  the provisions of section 36-2104, Idaho Code, to reimburse
  5    the Idaho outfitters and guides licensing board or other city,  county,  state
  6    or federal agency for the employee costs and other costs incurred by the board
  7    or agency in the investigation and criminal prosecution of acts for violations
  8    of section 36-2104, Idaho Code.
  9        (7)  Any person who pleads guilty or is found guilty of violating the pro-
 10    visions  of  section 36-2104, Idaho Code, may, in the discretion of the court,
 11    have their license to hunt or take big game,  or  to  fish,  suspended  for  a
 12    period of time as determined by the court.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 17693
                                
  The State of Idaho requires Idaho outfitters and guides to be
licensed.  Despite that requirement there is an ever-increasing
amount of unlicensed activity, which jeopardizes public safety,
frustrates enforcement of Idaho's fish and game laws, and works a
disadvantage to those outfitters and guides in compliance with the
law.  The current penalty for violating these laws is $100.  This
amount is too low to serve as a meaningful deterrent.

  This legislation increases the fines that may be imposed in a
court's discretion and creates a "graduated" penalty for repeat
offenders.  The legislation allows a court the discretion to
suspend a hunting or fishing license and allows prosecuting
agencies the ability to recoup costs incurred in the investigation
and prosecution of persons found guilty.  It creates a penalty for
people who knowingly hire an unlicensed outfitter or guide. 
Finally, the bill makes a technical correction for subpoena
issuance to make it consistent with the Idaho Administrative
Procedures Act.




                          FISCAL NOTE
                                
  This legislation will have no impact on the general fund.



CONTACT:
Rep. Mike Moyle
(208) 322-1000

Jeremy P. Pisca
Idaho Outfitters and Guides Association
(208) 384-1800



STATEMENT OF PURPOSE/FISCAL NOTE                        H 473