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H0398........................................................by MR. SPEAKER
Requested by: Outfitters and Guides Licensing Board
OUTFITTERS AND GUIDES - LICENSE - Amends existing law to provide that
probation is permitted as a form of restriction on an outfitters and guides
license.
01/17 House intro - 1st rdg - to printing
Rpt prt - to Res/Con
02/01 Rpt out - rec d/p - to 2nd rdg
02/02 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 67-0-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
Stone, Taylor, Trail(Miller), Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Black, Kellogg, Tilman
Floor Sponsor - Hansen(29)
Title apvd - to Senate
02/07 Senate intro - 1st rdg - to Res/Env
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 30-4-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Wheeler, Williams
NAYS--Cameron, Hawkins, Parry, Whitworth
Absent and excused--McLaughlin
Floor Sponsor - Stennett
Title apvd - to House
03/24 To enrol
03/27 Rpt enrol - Sp signed
03/28 Pres signed
03/29 To Governor
03/30 Governor signed
Session Law Chapter 102
Effective: 07/01/00
H0398|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 398 BY MR. SPEAKER Requested by: Outfitters and Guides Licensing Board 1 AN ACT 2 RELATING TO THE OUTFITTERS AND GUIDES LICENSING BOARD; AMENDING SECTION 3 36-2113, IDAHO CODE, TO PROVIDE THAT PROBATION IS PERMITTED AS A FORM OF 4 RESTRICTION TO AN OUTFITTER'S OR GUIDE'S LICENSE AND TO MAKE TECHNICAL 5 CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 36-2113, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 36-2113. REVOCATION OR SUSPENSION OF LICENSE -- GROUNDS. (a) Every 10 license shall, by virtue of this chapter, be subject to suspension, 11 revocation, probation or other restriction by the board for the commission of 12 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 convictionforof a felony. 19 4. For two (2) or more forfeitures of any deposits of money or collateral 20 with a court or administrative agency or for a conviction for violation of 21 regulations of the United States forest service or the bureau of land man- 22 agement. 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 rules of the 5 board, (ii) by limiting services to any individual, group, corporation or 6 club that limits its services to a membership, or (iii) by not offering 7 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 or order of the outfitter's10 and guide'sboard. 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) In addition to the penalties imposed in this section, the board may 16 impose an administrative fine not to exceed five thousand dollars ($5,000), or 17 the administrative costs of bringing the action before the board including, 18 but not limited to, attorney's fees and costs of hearing transcripts, for each 19 violation of the provisions of this chapter. 20 SECTION 2. This act shall be in full force and effect on and after July 21 1, 2000.
STATEMENT OF PURPOSE
RS09393
The purpose of the amendment to Section 36-2113 is to specify that
probation is permitted as a form of restriction to an outfitters or
guides license. The Outfitters and Guides Licensing Board has used
probation for years as authorized by rule. This change provides
specific statutory authorization for placing a licensee on
probation.
FISCAL IMPACT
There is no fiscal impact to the agency or the state.
CONTACT
Name: Dean Sangrey, Executive Director
Agency: Outfitters and Guides Licensing Board
Phone: 327-7380
Statement of Purpose/Fiscal Impact H0398