1998 Legislation
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HOUSE BILL NO. 652 – Outfitter/guide licnse/nontransfer


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Daily Data Tracking History

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
      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

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 652


 1                                        AN ACT
 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


 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 / Fiscal Impact


                          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 
    No Fiscal Impact to the General Fund.
    CONTACT: Representative John Campbell
              (208) 332-1000
    H 652