2000 Legislation
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HOUSE BILL NO. 397 – Outfitters/guides license app, bond

HOUSE BILL NO. 397

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H0397........................................................by MR. SPEAKER
           Requested by:  Outfitters and Guides Licensing Board
OUTFITTERS AND GUIDES - LICENSE - Amends existing law to provide that
applications for a license to the Outfitters and Guides Board shall be
accompanied by proof of eligibility for a bond to be executed by a
qualified surety.
                                                                        
01/17    House intro - 1st rdg - to printing
    Rpt prt - to Res/Con
02/01    Rpt out - rec d/p - to 2nd rdg
02/02    2nd rdg - to 3rd rdg
02/04    3rd rdg - PASSED - 66-0-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
      Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
      Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
      Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
      Jones, Judd, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer,
      Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone,
      Taylor, Trail(Miller), Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Black, Kellogg, Pischner, Tilman
    Floor Sponsor - Moyle
    Title apvd - to Senate
02/07    Senate intro - 1st rdg - to Res/Env
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/30    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Andreason
    Title apvd - to House
03/31    To enrol
04/03    Rpt enrol - Sp signed
04/04    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 290
         Effective: 07/01/00

Bill Text


 H0397
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 397
                                                                        
                                       BY MR. SPEAKER
                    Requested by: Outfitters and Guides Licensing Board
                                                                        
  1                                        AN ACT
  2    RELATING TO OUTFITTERS AND GUIDES; AMENDING SECTION 36-2108,  IDAHO  CODE,  TO
  3        PROVIDE  THAT  APPLICATIONS FOR A LICENSE SHALL BE ACCOMPANIED BY PROOF OF
  4        ELIGIBILITY FOR A BOND TO BE EXECUTED BY A QUALIFIED SURETY; AND PROVIDING
  5        AN EFFECTIVE DATE.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 36-2108, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        36-2108.  APPLICATION  FOR LICENSE -- CONTENTS -- FEE -- QUALIFICATIONS --
 10    TERM -- BOND. (a) Each applicant for an outfitter's or guide's  license  shall
 11    make  application  for such license upon a form to be prescribed and furnished
 12    by the board.
 13        1.  All applications for an outfitter's license shall  be  signed  by  the
 14        applicant,  under oath or affirmation that all information supplied by him
 15        in the application form is true and correct  as  he  verily  believes  and
 16        shall be duly notarized. Such applications shall include, but are not lim-
 17        ited  to,  a worded description of the boundaries of the operating area in
 18        which such activity will be conducted.
 19        2.  All applications for a guide's license shall be signed by  the  appli-
 20        cant.  Such  application  shall  contain  the  written  endorsement of the
 21        outfitter(s) by whom the applicant will be employed.
 22        (b)  Applications shall be made to and filed with the  board  and,  unless
 23    arrangements  have been made otherwise with the board, accompanied by proof of
 24    eligibility for a bond payable to the person or persons employing the licensee
 25    and in a form approved by the  board  in  the  sum  of  ten  thousand  dollars
 26    ($10,000)  for  outfitters,  to be executed by a qualified surety, duly autho-
 27    rized to do business in this state, conditioned that for the  current  license
 28    year  said  applicant,  his agents and employees, if said license is issued to
 29    him, shall conduct his business as an outfitter without  fraud  or  fraudulent
 30    representation,  and  will faithfully perform his contracts with and duties to
 31    his patrons; said bond shall be filed with the board before  issuance  of  the
 32    license as provided herein.
 33        (c)  The  board, in its discretion, may make such additional investigation
 34    and inquiry relative to the applicant and his qualifications as it shall  deem
 35    advisable,  provided that final decision by the board upon an application sub-
 36    mitted by an applicant who has  held  during  the  preceding  license  year  a
 37    license of the same kind for which application is made shall not be later than
 38    March  31 of the year in which the board receives all materials required to be
 39    submitted in order to complete a license application or thirty (30) days  from
 40    the  date  the board receives all such materials, whichever is later; and upon
 41    an application submitted by an applicant  not  holding  during  the  preceding
 42    license year a license of the same kind or embracing the same activity(ies) or
 43    area  for  which  application  is made, not later than March 31 of the year in
                                                                        
                                           2
                                                                        
  1    which the board receives all materials required to be submitted  in  order  to
  2    complete  a  license  application  or ninety (90) days from the date the board
  3    receives all such materials, whichever is later.
  4        (d)  After the board has acted favorably upon an application,  the  appli-
  5    cant shall pay a license fee, as hereinafter provided, to the board.
  6        1.  The license fee shall be paid prior to the issuance of a license.
  7        2.  The license fee shall be used for the investigation of applicants, for
  8        enforcement of this act, and for the administration costs of the board.
  9        3.  The license fee for resident and nonresident outfitters shall be three
 10        hundred  dollars ($300); the license fee for a designated agent as defined
 11        in section 36-2102(b), Idaho Code, shall be  one  hundred  twenty  dollars
 12        ($120);  and  the license fee for resident and nonresident guides shall be
 13        ninety-five dollars ($95.00). A penalty fee in the amount of fifty dollars
 14        ($50.00) may be charged in addition to the regular outfitter's license fee
 15        for any such renewal applicant whose application is not complete by  March
 16        31  of  the  year in which application for such license is made; this does
 17        not apply to a new applicant for an outfitter's  license.  A  seventy-five
 18        dollar ($75.00) fee shall be charged for every amendment to an outfitter's
 19        license  other than an incidental amendment, and a ten dollar ($10.00) fee
 20        shall be charged for every incidental amendment to an outfitter's  license
 21        and every amendment to a guide's license.
 22        4.  A  one-time  application fee for outfitters not to exceed four hundred
 23        dollars ($400), a one-time application fee for designated  agents  not  to
 24        exceed  fifty  dollars ($50.00), and a one-time application fee for guides
 25        not to exceed ten dollars ($10.00) shall be established  annually  by  the
 26        board and shall be used for application related expenses.  The board shall
 27        establish by rule a policy to refund unused application fees.
                                                                        
 28        SECTION  2.  This  act shall be in full force and effect on and after July
 29    1, 2000.

Statement of Purpose / Fiscal Impact


                           STATEMENT OF PURPOSE

                            RS09392

The purpose of the amendment in Section 36-2108 is to change the
requirement that an applicant have a bond in place when applying
for an outfitter license.  The change provides that the applicant
provide proof of eligibility for a bond, but not have an actual
bond, at the time of application.  





                                FISCAL IMPACT

There is no fiscal impact to the agency or the state.  The
applicant would save money by not having to have a bond in place at
the time of application.






CONTACT
Name:     Dean Sangrey, Executive Director
Agency:   Outfitters and Guides Licensing Board
Phone:    327-7380

Statement of Purpose/Fiscal Impact                                    H0397