1998 Legislation
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SENATE BILL NO. 1339, As Amended in the House – Outfitters/Guides, bond, amount

SENATE BILL NO. 1339, As Amended in the House

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Daily Data Tracking History



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

Bill Text


S1339


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

                                      IN 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 the  state of Idaho for the bene-
30    fit of  person or persons employing the licensee and in a form  approved
31    by the board in the sum of  five   ten  thousand dollars
32    ($  5   10 ,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 be 
16        two   three  hundred  fifty   dollars  ($
17        25    30  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 ($1 0  2 0); and the license
20        fee for resident and nonresident guides shall be  eighty  
21        ninety  -five dollars ($ 8  9 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 / Fiscal Impact


    





                            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