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S1339aaH.......................................by RESOURCES AND ENVIRONMENT
OUTFITTERS AND GUIDES - Amends existing law to provide that a bond shall
accompany license applications made to the board unless other arrangements
have been made by the board, to clarify bond payments, to increase
application fees, and to require the board to establish one-time
application fees for outfitters, agents and guides.
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 - 23-11-1
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Crow, Danielson,
Deide, Dunklin, Geddes, Hansen, Ingram, Keough, King, Noh,
Richardson, Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney,
Thorne, Wheeler
NAYS--Branch, Cameron, Darrington, Frasure, Hawkins, Ipsen, Lee,
Parry, Riggs, Twiggs, Whitworth
Absent and excused--McLaughlin
Floor Sponsor - Stennett
Title apvd - to House
03/02 House intro - 1st rdg - to Res/Con
03/13 Rpt out - to Gen Ord
03/17 Rpt out amen - to 1st rdg as amen
03/18 1st rdg - to 2nd rdg as amen
03/19 2nd rdg - to 3rd rdg as amen
03/19 Rls susp - PASSED - 51-14-5
AYES -- Barraclough, Bell, Bieter, Bivens, Black(15), Boe, Bruneel,
Chase, Clark, Crow, Cuddy, Deal, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
Jones(22), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Mader, Marley, Meyer, Miller, Mortensen, Pischner, Pomeroy,
Reynolds, Richman, Robison, Stevenson, Stoicheff, Stone, Stubbs,
Tippets, Trail, Watson, Zimmermann, Mr Speaker
NAYS -- Alltus, Barrett, Black(23), Callister, Crane, Denney,
Jones(20), Loertscher, McKague, Sali, Schaefer, Tilman, Wheeler, Wood
Absent and excused -- Campbell, Gould, Newcomb, Ridinger, Taylor
Floor Sponsor - Jones(22)
Title apvd - to Senate
To 10th Ord
03/20 Senate concur in House amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/20 Rls susp - PASSED - 30-3-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Crow,
Danielson, Darrington, Deide, Dunklin, Hansen, Ingram, Ipsen, Keough,
King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy,
Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs, Wheeler
NAYS--Frasure, Hawkins, Whitworth
Absent and excused--Cameron, Geddes
Floor Sponsor - Stennett
Title apvd - to enrol
03/20 Rpt enrol - Pres signed
03/23 Sp signed - to Governor
03/25 Governor signed
Session Law Chapter 339
Effective: 07/01/98
S1339|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1339, As Amended in the House BY RESOURCES AND ENVIRONMENT COMMITTEE 1 AN ACT 2 RELATING TO OUTFITTERS AND GUIDES; AMENDING SECTION 36-2108, IDAHO CODE, TO 3 PROVIDE THAT A BOND SHALL ACCOMPANY LICENSE APPLICATIONS MADE TO THE BOARD 4 UNLESS OTHER ARRANGEMENTS HAVE BEEN MADE WITH THE BOARD, TO CLARIFY THAT 5 BONDS SUBMITTED WITH LICENSE APPLICATIONS ARE PAYABLE TO THE EMPLOYER OF 6 THE LICENSEE, TO INCREASE THE BOND AMOUNT, TO INCREASE LICENSE FEES FOR 7 OUTFITTERS, AGENTS AND GUIDES, TO REQUIRE THE BOARD TO ESTABLISH ONE-TIME 8 APPLICATION FEES FOR OUTFITTERS, AGENTS AND GUIDES, TO PROVIDE LIMITS ON 9 THOSE FEES, AND TO REQUIRE THAT THE BOARD ESTABLISH IN RULE A POLICY FOR 10 REFUNDING UNUSED APPLICATION FEES. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 36-2108, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 36-2108. APPLICATION FOR LICENSE -- CONTENTS -- FEE -- QUALIFICATIONS -- 15 TERM -- BOND. (a) Each applicant for an outfitter's or guide's license shall 16 make application for such license upon a form to be prescribed and furnished 17 by the board. 18 1. All applications for an outfitter's license shall be signed by the 19 applicant, under oath or affirmation that all information supplied by him 20 in the application form is true and correct as he verily believes and 21 shall be duly notarized. Such applications shall include, but are not lim- 22 ited to, a worded description of the boundaries of the operating area in 23 which such activity will be conducted. 24 2. All applications for a guide's license shall be signed by the appli- 25 cant. Such application shall contain the written endorsement of the 26 outfitter(s) by whom the applicant will be employed. 27 (b) Applications shall be made to and filed with the board and , 28 unless arrangements have been made otherwise with the board, accompa- 29 nied by a bond payable to thestate of Idaho for the bene-30fit ofperson or persons employing the licensee and in a form approved 31 by the board in the sum offiveten thousand dollars 32 ($510 ,000) for outfitters, executed by a qualified 33 surety, duly authorized to do business in this state, conditioned that for the 34 current license year said applicant, his agents and employees, if said license 35 is issued to him, shall conduct his business as an outfitter without fraud or 36 fraudulent representation, and will faithfully perform his contracts with and 37 duties to his patrons; said bond shall be filed with the board before issuance 38 of the license as provided herein. 39 (c) The board, in its discretion, may make such additional investigation 40 and inquiry relative to the applicant and his qualifications as it shall deem 41 advisable, provided that final decision by the board upon an application sub- 42 mitted by an applicant who has held during the preceding license year a 43 license of the same kind for which application is made shall not be later than 2 1 March 31 of the year in which the board receives all materials required to be 2 submitted in order to complete a license application or thirty (30) days from 3 the date the board receives all such materials, whichever is later; and upon 4 an application submitted by an applicant not holding during the preceding 5 license year a license of the same kind or embracing the same activity(ies) or 6 area for which application is made, not later than March 31 of the year in 7 which the board receives all materials required to be submitted in order to 8 complete a license application or ninety (90) days from the date the board 9 receives all such materials, whichever is later. 10 (d) After the board has acted favorably upon an application, the appli- 11 cant shall pay a license fee, as hereinafter provided, to the board. 12 1. The license fee shall be paid prior to the issuance of a license. 13 2. The license fee shall be used for the investigation of applicants, for 14 enforcement of this act, and for the administration costs of the board. 15 3. The license fee for resident and nonresident outfitters shall be16twothree hundredfiftydollars ($172530 0); the license fee for a designated agent as 18 defined in section 36-2102(b), Idaho Code, shall be one hundred 19 twenty dollars ($102 0); and the license 20 fee for resident and nonresident guides shall beeighty21 ninety -five dollars ($89 5.00). A penalty 22 fee in the amount of fifty dollars ($50.00) may be charged in addition to 23 the regular outfitter's license fee for any such renewal applicant whose 24 application is not complete by March 31 of the year in which application 25 for such license is made; this does not apply to a new applicant for an 26 outfitter's license. A seventy-five dollar ($75.00) fee shall be charged 27 for every amendment to an outfitter's license other than an incidental 28 amendment, and a ten dollar ($10.00) fee shall be charged for every inci- 29 dental amendment to an outfitter's license and every amendment to a 30 guide's license. 31 4. A one-time application fee for outfitters not to exceed four 32 hundred dollars ($400), a one-time application fee for designated agents 33 not to exceed fifty dollars ($50.00), and a one-time application fee for 34 guides not to exceed ten dollars ($10.00) shall be established annually by 35 the board and shall be used for application related expenses. The board 36 shall establish by rule a policy to refund unused application fees.
STATEMENT OF PURPOSE
RS07290C2
The purpose of this legislation is to clarify that the bond required under Section 36-2108(b) is
payable to the person or persons employing the outfitter. The current language is unclear as
to whom the bond shall be payable. This legislation also increases the size of the bond from
the present $5,000 to $10,000. The current bond limit of $5,000 is insufficient to cover
potential claims involving multiple clients on the average elk hunt or river floating expedition.
The next purpose of this legislation is to stop the rapid decline in the free fund balance of the
Outfitters and Guides Licensing Board which has been operating at a loss for the last three
years. At the present rate the fund will be exhausted and the Board will lack funds to carry out
its statutory duties. This Board originally proposed to increase the license fees for outfitters
from the current $250 per year to $450 per year. This legislation currently proposes to amend
Section 36-2108 to increase the fees of outfitters from $250 to $320 per year, of designated
agents from $100 to $125 per year, and of guides from $85 to $105 per year. It also institutes
a non-refundable one-time license application fee of $400 for outfitters, $50 for designated
agents and $10 for guides
FISCAL IMPACT
These increases will result in the addition of $29,550 per year in outfitter fees, $7,470 in
designated agent fees and $37,440 in guide fees for a total of $74,460 per year in license
fees. The one-time license application fees would result in additional revenue of $22,800 for
outfitters, $1,950 for designated agents and $6,260 for guides for a total of $31,010 per year.
Both changes result in a total revenue increase of $105,470 per year.
CONTACT
Name: Dean Sangrey, Executive Director
Agency: Outfitters and Guides Licensing Board
Phone: 327-7380
Statement of Purpose/Fiscal Impact
S 1339