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S1338aaH.......................................by RESOURCES AND ENVIRONMENT
OUTFITTERS AND GUIDES - Amends existing law to provide for revocation or
suspension of outfitter's and guide's licenses for violation of outfitting
and guiding laws and to provide that penalties may include administrative
costs, including attorney's fees and the cost of hearing transcripts.
01/27 Senate intro - 1st rdg - to printing
01/28 Rpt prt - to Res/Env
02/23 Rpt out - rec d/p - to 2nd rdg
02/24 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 29-4-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Hansen, Ingram, Ipsen,
Keough, King, Noh, Parry, Richardson, Riggs, Risch, Sandy, Sorensen,
Stennett, Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--Frasure, Hawkins, Lee, Schroeder
Absent and excused--Geddes, McLaughlin
Floor Sponsor - Noh
Title apvd - to House
03/02 House intro - 1st rdg - to Res/Con
03/10 Rpt out - to Gen Ord
03/10 Rpt out amen - to 1st rdg as amen
03/11 1st rdg - to 2nd rdg as amen
03/12 2nd rdg - to 3rd rdg as amen
03/13 3rd rdg as amen - PASSED - 57-4-9
AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Clark, Cuddy, Deal,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Henbest, Hornbeck, Jaquet, Jones(20), Judd, Kempton, Kendell,
Kjellander, Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Sali, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
Tilman, Trail, Watson, Wheeler, Zimmermann, Mr Speaker
NAYS -- Denney, Schaefer, Tippets, Wood
Absent and excused -- Barrett, Chase, Crane, Crow, Hansen, Jones(9),
Jones(22), Kellogg, Linford,
Floor Sponsor - Mader
Title apvd - to Senate
03/16 Senate refers to 10th Ord
03/17 Senate concur in House amens - to engros
03/18 Rpt engros - 1st rdg - to 2nd rdg as amen
03/19 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen, Hawkins,
Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne,
Wheeler, Whitworth
NAYS--None
Absent and excused--Danielson, Twiggs
Floor Sponsor - Noh
Title apvd - to enrol
03/20 Rpt enrol - Pres signed
03/23 Sp signed - to Governor
03/25 Governor signed
Session Law Chapter 340
Effective: 07/01/98
S1338|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1338, As Amended in the House BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO OUTFITTERS AND GUIDES; AMENDING SECTION 36-2113, IDAHO CODE, TO 3 PROVIDE FOR REVOCATION OR SUSPENSION OF OUTFITTER'S AND GUIDE'S LICENSES 4 FOR VIOLATION OF OUTFITTING AND GUIDING LAWS, TO PROVIDE THAT PENALTIES 5 MAY INCLUDE ADMINISTRATIVE COSTS INCLUDING ATTORNEY'S FEES AND THE COST OF 6 HEARING TRANSCRIPTS AND TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 36-2113, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 36-2113. REVOCATION OR SUSPENSION OF LICENSE -- GROUNDS. (a) Every 11 license shall, by virtue of this chapter, be subject to suspension, revocation 12 or restriction by the board for the commission of any of the following acts: 13 1. For supplying false information or for failure to provide information 14 required to be furnished by the license application form for a license 15 currently valid or for other fraud or deception in procuring a license 16 under the provisions of this chapter. 17 2. For fraudulent, untruthful or misleading advertising. 18 3. For conviction for a felony. 19 4. Forconviction of ortwo (2) or more forfeitures of any 20 deposits of money or collateral with a court or administrative agency 21 or for a conviction for violation of regulations 22 of the United States forest service or the bureau of land management. 23 5. For unethical or unprofessional conduct as defined by rules of the 24 board. 25 6. For conviction of any violation of any state or federal fish and game 26 or outfitting and guiding laws. 27 7. For a substantial breach of any contract with any person utilizing his 28 services. 29 8. For willfully (i) operating in any area for which the licensee is not 30 licensed, or (ii) engaging in any activity for which the licensee is not 31 licensed. 32 9. For the employment of an unlicensed guide by an outfitter. 33 10. For inhumane treatment of any animal used by the licensed outfitter or 34 guide in the conduct of his business which endangers the health or safety 35 of any guest or patron or which interferes with the conduct of his busi- 36 ness. 37 11. For failure by any firm, partnership, corporation or other organiza- 38 tion or any combination thereof licensed as an outfitter to have at least 39 one (1) licensed outfitter as designated agent conducting its outfitting 40 business who meets all of the qualifications and requirements of a 41 licensed outfitter. 42 12. For the failure to provide any animal used by the licensed outfitter 43 or guide in the conduct of his business with proper food, drink and 2 1 shelter, or for the subjection of any such animal to needless abuse or 2 cruel and inhumane treatment. 3 13. For failure of an outfitter to serve the public in any of the follow- 4 ing ways: (i) by nonuse of license privileges as defined by rules5and regulationsof the board, (ii) by limiting services to any 6 individual, group, corporation or club that limits its services to a mem- 7 bership, or (iii) by not offering services to the general public. 8 14. For violation of or noncompliance with any applicable provision of 9 this act, or for violation of any lawful rule, regulation,or 10 order of the outfitter's and guide's board. 11 (b) For the purposes of this section, the term "conviction" shall mean a 12 finding of guilt, an entry of a guilty plea by a defendant and its acceptance 13 by the court, or a forfeiture of bail bond or collateral deposited to secure a 14 defendant's appearance, suspended sentence, probation or withheld judgment. 15 (c) Inlieu ofaddition to the penalties 16 imposed in this section, the board may impose an administrative fine not to 17 exceed five thousand dollars ($5,000) , or the administrative costs of 18 bringing the action before the board including, but not limited to, attorney's 19 fees and costs of hearing transcripts, for each violation of the provi- 20 sions of this chapter.
STATEMENT OF PURPOSE
RS07354C1
The purpose of this legislation is to amend the grounds for discipline before the Outfitters and
Guides Licensing Board to include violation of outfitting and guiding laws of other states as a
ground for discipline. In addition, this legislation also revises the terms of the administrative
fine permitted in Section 36-2113(c) by permitting it to be administered in addition to other
forms of discipline instead of the present "in lieu of' provision. The fine could also include
administrative costs of prosecution and bringing the action before the Board. Under the
current language the Board may not impose a warning letter, probation, suspension or
discipline in any way other than fine the licensee if an administrative fine is ordered.
FISCAL IMPACT
There is no fiscal impact to this legislation.
CONTACT
Name: Dean Sangrey, Executive Director
Agency: Outfitters and Guides Licensing Board
Phone: 327-7380
Statement of Purpose/Fiscal Impact
S 1338