2000 Legislation
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HOUSE BILL NO. 398 – Outfitters/guides license, probatn


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H0398........................................................by MR. SPEAKER
           Requested by:  Outfitters and Guides Licensing Board
OUTFITTERS AND GUIDES - LICENSE - Amends existing law to provide that
probation is permitted as a form of restriction on an outfitters and guides
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 - 67-0-3
      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, Pischner, 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, Tilman
    Floor Sponsor - Hansen(29)
    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
03/23    3rd rdg - PASSED - 30-4-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Riggs,
      Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
      Wheeler, Williams
      NAYS--Cameron, Hawkins, Parry, Whitworth
      Absent and excused--McLaughlin
    Floor Sponsor - Stennett
    Title apvd - to House
03/24    To enrol
03/27    Rpt enrol - Sp signed
03/28    Pres signed
03/29    To Governor
03/30    Governor signed
         Session Law Chapter 102
         Effective: 07/01/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 398
                                       BY MR. SPEAKER
                    Requested by: Outfitters and Guides Licensing Board
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION  1.  That  Section 36-2113, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
  9        36-2113.  REVOCATION OR  SUSPENSION  OF  LICENSE  --  GROUNDS.  (a)  Every
 10    license   shall,  by  virtue  of  this  chapter,  be  subject  to  suspension,
 11    revocation, probation or other restriction by the board for the commission  of
 12    any of the following acts:
 13        1.  For  supplying false information or for failure to provide information
 14        required to be furnished by the license application  form  for  a  license
 15        currently  valid  or  for  other fraud or deception in procuring a license
 16        under the provisions of this chapter.
 17        2.  For fraudulent, untruthful or misleading advertising.
 18        3.  For conviction for of a felony.
 19        4.  For two (2) or more forfeitures of any deposits of money or collateral
 20        with a court or administrative agency or for a conviction for violation of
 21        regulations of the United States forest service or the bureau of land man-
 22        agement.
 23        5.  For unethical or unprofessional conduct as defined  by  rules  of  the
 24        board.
 25        6.  For  conviction of any violation of any state or federal fish and game
 26        or outfitting and guiding laws.
 27        7.  For a substantial breach of any contract with any person utilizing his
 28        services.
 29        8.  For willfully (i) operating in any area for which the licensee is  not
 30        licensed,  or  (ii) engaging in any activity for which the licensee is not
 31        licensed.
 32        9.  For the employment of an unlicensed guide by an outfitter.
 33        10. For inhumane treatment of any animal used by the licensed outfitter or
 34        guide in the conduct of his business which endangers the health or  safety
 35        of  any  guest or patron or which interferes with the conduct of his busi-
 36        ness.
 37        11. For failure by any firm, partnership, corporation or  other  organiza-
 38        tion  or any combination thereof licensed as an outfitter to have at least
 39        one (1) licensed outfitter as designated agent conducting  its  outfitting
 40        business  who  meets  all  of  the  qualifications  and  requirements of a
 41        licensed outfitter.
 42        12. For the failure to provide any animal used by the  licensed  outfitter
 43        or  guide  in  the  conduct  of  his  business with proper food, drink and
  1        shelter, or for the subjection of any such animal  to  needless  abuse  or
  2        cruel and inhumane treatment.
  3        13. For  failure of an outfitter to serve the public in any of the follow-
  4        ing ways: (i) by nonuse of license privileges as defined by rules  of  the
  5        board,  (ii) by limiting services to any individual, group, corporation or
  6        club that limits its services to a membership, or (iii)  by  not  offering
  7        services to the general public.
  8        14. For  violation  of  or  noncompliance with any applicable provision of
  9        this act, or for violation of any lawful rule or order of the  outfitter's
 10        and guide's board.
 11        (b)  For  the purposes of this section, the term "conviction" shall mean a
 12    finding of guilt, an entry of a guilty plea by a defendant and its  acceptance
 13    by the court, or a forfeiture of bail bond or collateral deposited to secure a
 14    defendant's appearance, suspended sentence, probation or withheld judgment.
 15        (c)  In  addition  to the penalties imposed in this section, the board may
 16    impose an administrative fine not to exceed five thousand dollars ($5,000), or
 17    the administrative costs of bringing the action before  the  board  including,
 18    but not limited to, attorney's fees and costs of hearing transcripts, for each
 19    violation of the provisions of this chapter.
 20        SECTION  2.  This  act shall be in full force and effect on and after July
 21    1, 2000.

Statement of Purpose / Fiscal Impact

                           STATEMENT OF PURPOSE


The purpose of the amendment to Section 36-2113 is to specify that
probation is permitted as a form of restriction to an outfitters or
guides license.  The Outfitters and Guides Licensing Board has used
probation for years as authorized by rule.  This change provides
specific statutory authorization for placing a licensee on

                                FISCAL IMPACT

There is no fiscal impact to the agency or the state. 

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

Statement of Purpose/Fiscal Impact                                    H0398