2002 Legislation
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SENATE BILL NO. 1372 – Outfitter/Guide Bd, sheriffs, agrmt

SENATE BILL NO. 1372

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



S1372..........................................by RESOURCES AND ENVIRONMENT
OUTFITTERS AND GUIDES - Amends existing law to provide that the Outfitters
and Guides Licensing Board shall have the power to enter into cooperative
agreements with county sheriffs to provide aid and assistance; and to
provide all enforcement agents appointed by the Outfitters and Guides
Licensing Board shall have the power of peace officers limited to
responding pursuant to cooperative agreements with county sheriffs.
                                                                        
02/05    Senate intro - 1st rdg - to printing
02/06    Rpt prt - to Res/Env
02/21    Rpt out - rec d/p - to 2nd rdg
02/22    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 23-10-2
      AYES -- Andreason, Boatright, Burtenshaw, Cameron, Deide, Dunklin,
      Goedde, Hill, Ingram, Ipsen, Keough, Little, Lodge, Marley, Noh,
      Richardson, Risch, Sandy, Schroeder, Sims, Stegner, Stennett, Wheeler
      NAYS -- Branch(Bartlett), Darrington, Davis, Frasure, Geddes,
      Hawkins, King-Barrutia, Sorensen, Thorne, Williams
      Absent and excused -- Brandt, Bunderson
    Floor Sponsors - Andreason & Schroeder
    Title apvd - to House
02/28    House intro - 1st rdg - to Res/Con

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1372
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE  OUTFITTERS  AND  GUIDES  LICENSING  BOARD;  AMENDING  SECTION
  3        36-2107,  IDAHO  CODE, TO PROVIDE THAT THE OUTFITTERS AND GUIDES LICENSING
  4        BOARD SHALL HAVE THE POWER  TO  ENTER  INTO  COOPERATIVE  AGREEMENTS  WITH
  5        COUNTY  SHERIFFS  TO  PROVIDE  AID  AND ASSISTANCE AND TO PROVIDE THAT ALL
  6        ENFORCEMENT AGENTS APPOINTED BY THE BOARD SHALL HAVE THE  POWER  OF  PEACE
  7        OFFICERS  LIMITED  TO  RESPONDING  PURSUANT TO COOPERATIVE AGREEMENTS WITH
  8        COUNTY SHERIFFS.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 36-2107, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        36-2107.  POWERS  AND  DUTIES  OF  BOARD.  The  board which may by written
 13    agreement authorize the bureau of occupational licenses as agent to act in its
 14    interest, shall have the following duties and powers:
 15        (a)  To conduct examinations to ascertain the qualifications of applicants
 16    for outfitter's or guide's licenses, and to issue such licenses  to  qualified
 17    applicants,  with  such  restrictions and limitations thereon as the board may
 18    find reasonable.
 19        (b)  To prescribe and establish rules of procedure to  carry  into  effect
 20    the  provisions  of  this act including, but not limited to, rules prescribing
 21    all requisite qualifications of training, experience, knowledge  of  rules  of
 22    governmental bodies, condition and type of gear and equipment, examinations to
 23    be  given applicants, whether oral, written or demonstrative, or a combination
 24    thereof.
 25        (c)  To conduct hearings and proceedings to suspend,  revoke  or  restrict
 26    the  licenses of outfitters or guides, and to suspend, revoke or restrict said
 27    licenses for due cause in the manner hereinafter provided.
 28        (d)  The board is expressly vested with the power  and  the  authority  to
 29    enforce  the  provisions of this chapter and make and enforce any and all rea-
 30    sonable rules which shall by it be deemed necessary and which are not in  con-
 31    flict  with  the  provisions of this chapter, for the express purpose of safe-
 32    guarding the health, safety, welfare and freedom  from  injury  or  danger  of
 33    those  persons  utilizing  the  services of outfitters and guides, and for the
 34    conservation of wildlife and range resources.
 35        (e)  The board shall have the power to  cooperate  with  the  federal  and
 36    state  government through its appropriate agency or instrumentality in matters
 37    of mutual concern regarding the business of outfitting and guiding in Idaho.
 38        (f)  The board shall have the power  throughout  the  state  of  Idaho  to
 39    request  the attendance of witnesses and the production of such books, records
 40    and papers as may be required at any hearing before it, and for  that  purpose
 41    the  board may request a district court to issue a subpoena for any witness or
 42    a subpoena duces tecum to compel the  production  of  any  books,  records  or
 43    papers.  Subpoenas shall be directed to the sheriff of any county in the state
                                                                        
                                           2
                                                                        
  1    of Idaho where such witness resides or may be found. Subpoenas shall be served
  2    and returned in the same manner as subpoenas in a criminal case. The fees  and
  3    mileage of the sheriff and witnesses shall be the same as that allowed in dis-
  4    trict  court  criminal  cases,  which  fees and mileage shall be paid from any
  5    funds in the state treasury available therefor in the  same  manner  as  other
  6    expenses  of  the  board  are paid. Disobedience of any subpoena issued by the
  7    district court or the  refusal by any witness in failing to testify concerning
  8    any matter regarding which he may lawfully be interrogated, or the failure  to
  9    produce  any  books, records or papers shall constitute a contempt of the dis-
 10    trict court of any county where such disobedience or refusal occurs, and  said
 11    court,  or  any judge thereof, by proceedings for contempt in said court, may,
 12    if such contempt be found, punish said witness as in any other case of disobe-
 13    dience of a subpoena issued from such court or refusal to testify therein.
 14        (g)  The board shall have the power to appoint an  executive  director  to
 15    serve  at  the  pleasure  of the board. The executive director shall carry out
 16    such administrative duties as delegated to the  director  by  the  board.  The
 17    board  may,  in  its discretion, refuse, sustain or reverse, by majority vote,
 18    any action or decision of the executive director. The executive director shall
 19    be exempt from the provisions of chapter 53, title 67, Idaho Code,  and  shall
 20    receive a salary that is fixed by the board.
 21        (h)  The board shall have the power to hire enforcement agents in order to
 22    conduct  investigations  and enforce the provisions of this chapter. The board
 23    shall also have the power to enter into  cooperative  agreements  with  county
 24    sheriffs  to  provide  aid and assistance. All enforcement agents appointed by
 25    the board who are certified by the Idaho peace officer standards and  training
 26    advisory council, shall have the power of peace officers limited to:
 27        1.  Enforcement of the provisions of this chapter.
 28        2.  Responding pursuant to cooperative agreements with county sheriffs and
 29        to express requests from other law enforcement agencies for aid and assis-
 30        tance  in  enforcing  other  laws.   For  purposes of this section, such a
 31        request from a law enforcement agency shall mean only a request  as  to  a
 32        particular  and  singular  violation or suspicion of violation of law, and
 33        shall not constitute a continuous request for assistance outside the  pur-
 34        view of enforcement of the provisions of this chapter.
 35        (i)  By  August 1 of each year, the board shall provide to the director of
 36    the department of fish and game, in a manner and form prescribed by the direc-
 37    tor, the number of each species of big game taken in each management  unit  by
 38    clients  of  licensed  outfitters  between July 1 of the immediately preceding
 39    calendar year and June 30 of the current calendar year.
 40        (j)  The board shall by rule designate the number  of  deer  or  elk  tags
 41    allocated  pursuant  to  section  36-408(4),  Idaho Code, among the authorized
 42    operating areas within the game management area, unit or zone.

Statement of Purpose / Fiscal Impact


                          STATEMENT OF PURPOSE
                                
                               RS11852

	The purpose of this legislation is to permit the Idaho 
Outfitters and Guides Licensing Board and County Sheriffs to enter 
into cooperative agreements to provide mutual aid and assistance. 
They currently have the authority to respond to express requests 
from law enforcement agencies on a case-by-case basis for a 
particular and singular violation but do not have the authority 
to enter into cooperative agreements to provide mutual aid and 
assistance.


                            FISCAL NOTE

There is no fiscal impact from this legislation.






Contact person:  Dean Sangrey, Executive Director 
                 Outfitters and Guides Licensing Board



STATEMENT OF PURPOSE/FISCAL 		S 1372