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H0652.........................................by RESOURCES AND CONSERVATION
OUTFITTERS AND GUIDES LICENSE - Amends existing law to provide that
outfitters and guides licenses may not be sold, assigned or transferred
except as provided by law.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Res/Con
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Zimmermann, Mr Speaker
NAYS -- None
Absent and Excused -- Crane, Gagner, Linford, Newcomb, Wood
Floor Sponsor - Campbell
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Res/Env
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen, Sorensen
Floor Sponsor - Noh
Title apvd - to House
03/20 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/24 Governor signed
Session Law Chapter 299
Effective: 07/01/98
H0652|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 652 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO OUTFITTERS AND GUIDES; AMENDING SECTION 36-2109, IDAHO CODE, TO 3 PROVIDE THAT LICENSES MAY NOT BE SOLD, ASSIGNED OR TRANSFERRED EXCEPT AS 4 PROVIDED. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 36-2109, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 36-2109. FORM AND TERM OF LICENSE -- NOTICE OF DENIAL. (a) Upon concur- 9 rence of a majority, the board, in its discretion may issue a license to any 10 applicant who has filed an application in proper form with the board, includ- 11 ing but not limited to payment of the license fee and furnishing of bond. Said 12 license shall be in the form prescribed by the board, and shall be valid for 13 the licensing year in which issued from the date issued until the end of the 14 license year in which it is issued; provided, that no outfitter's or guide's 15 license may be sold, assigned or otherwise transferred either by 16 any holder thereof or by the operation of law except as provided in this chap- 17 ter. The board may prescribe by rule that limitations or qualifications placed 18 upon an outfitter's or guide's license as provided in this chapter shall be 19 indicated on the face of the license or as an attachment to the license which 20 shall be considered a part of the license. 21 (b) A license granted by the board including any attachment thereto shall 22 specify the activities licensed and the exact territorial limits of the 23 outfitter's area of operation and shall specify the species of game to be 24 hunted. In so approving and/or licensing any outfitter's or guide's activity, 25 the board shall consider the following matters, among others: 26 1. The length of time in which the applicant has operated in that area; 27 2. The extent to which the applicant is qualified by reason of experi- 28 ence, equipment or resources to operate in that area; 29 3. The applicant's previous safety record; 30 4. The accessibility of the area, the particular terrain, and the weather 31 conditions normal to that area during the outfitter's or guide's season; 32 5. The total amount of outfitter's area requested by any applicant giving 33 due consideration to the effect which such area license grant would have 34 upon the environment, the amount of game which can be harvested, and the 35 number of persons which can be adequately served in the area. 36 (c) The board shall refuse to issue any license to any applicant for an 37 outfitter's or guide's license who the board finds is not a competent person 38 of good moral character, less than eighteen (18) years of age and does not 39 possess a working knowledge of the game and fishing laws of the state of Idaho 40 and the regulations of the United States forest service. The board shall also 41 refuse to issue an outfitter's license to any applicant who the board finds 42 does not have sufficient financial responsibility to conduct adequately the 43 business of an outfitter. The board shall refuse to issue any license to a 2 1 firm, partnership, corporation or other organization or any combination 2 thereof which fails to have at least one (1) designated agent conducting its 3 outfitting business who meets all of the qualifications and requirements of a 4 licensed outfitter. The board may also refuse to grant an outfitter's or 5 guide's license to any applicant for violation of any of the provisions here- 6 inafter specified in this chapter as grounds for revocation or suspension of 7 an outfitter's or guide's license. If the application is denied, the board 8 shall notify the applicant, in writing, of the reasons for such denial within 9 ten (10) days and if the applicant shall correct, to the satisfaction of the 10 board, such reasons within thirty (30) days of receipt of such notice and if, 11 thereafter, a majority of the board concur, the board may issue a license to 12 the applicant. 13 (d) No license shall be issued by the board until a majority thereof has 14 reported favorably thereon; except, an application for a license identical to 15 a license held during the previous year may be issued on approval by one (1) 16 board member providing there is no adverse information on file regarding the 17 applicant.
STATEMENT OF PURPOSE
RS 07765C1
The purpose of this legislation is to prohibit the sale of an
Outfitter and Guides' license as a commodity that has a monetary
value.
FISCAL NOTE
No Fiscal Impact to the General Fund.
CONTACT: Representative John Campbell
(208) 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE
H 652