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S1420..........................................by RESOURCES AND ENVIRONMENT
OUTFITTERS AND GUIDES - Amends existing law to provide that it is grounds
for suspension or revocation or restriction of an outfitters or guides
license for knowingly and willfully depriving a person's lawful use of the
public lands in this state regardless of any license, permit or conditional
use permit issued to the licensee including, but not limited to, the
blockage of or access to any trail or road accessing public lands.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Res/Env
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 18-12-5
AYES--Branch, Bunderson, Crow, Danielson, Darrington, Frasure,
Geddes, Hawkins, Ingram, Ipsen, McLaughlin, Richardson, Risch, Sandy,
Schroeder, Stegner, Wheeler, Whitworth
NAYS--Andreason, Boatright, Burtenshaw, Cameron, Deide, Keough, Lee,
Noh, Parry, Riggs, Sorensen, Williams
Absent and excused--Davis, Dunklin, King-Barrutia, Stennett, Thorne
Floor Sponsor - Whitworth
Title apvd - to House
03/17 House intro - 1st rdg - to Res/Con
S1420
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1420
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO OUTFITTERS AND GUIDES; AMENDING SECTION 36-2113, IDAHO CODE, TO
3 PROVIDE THAT IT IS GROUNDS FOR SUSPENSION OR REVOCATION OR RESTRICTION OF
4 A LICENSE FOR KNOWINGLY AND WILLFULLY DEPRIVING A PERSON'S LAWFUL USE OF
5 THE PUBLIC LANDS IN THIS STATE REGARDLESS OF ANY LICENSE, PERMIT OR CONDI-
6 TIONAL USE PERMIT ISSUED TO THE LICENSEE INCLUDING, BUT NOT LIMITED TO,
7 THE BLOCKAGE OF OR ACCESS TO ANY TRAIL OR ROAD ACCESSING PUBLIC LANDS AND
8 TO MAKE A TECHNICAL CORRECTION; AND PROVIDING AN EFFECTIVE DATE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 36-2113, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 36-2113. REVOCATION OR SUSPENSION OF LICENSE -- GROUNDS. (a) Every
13 license shall, by virtue of this chapter, be subject to suspension, revocation
14 or restriction by the board for the commission of any of the following acts:
15 1. For supplying false information or for failure to provide information
16 required to be furnished by the license application form for a license
17 currently valid or for other fraud or deception in procuring a license
18 under the provisions of this chapter.
19 2. For fraudulent, untruthful or misleading advertising.
20 3. For conviction for of a felony.
21 4. For two (2) or more forfeitures of any deposits of money or collateral
22 with a court or administrative agency or for a conviction for violation of
23 regulations of the United States forest service or the bureau of land man-
24 agement.
25 5. For unethical or unprofessional conduct as defined by rules of the
26 board.
27 6. For conviction of any violation of any state or federal fish and game
28 or outfitting and guiding laws.
29 7. For a substantial breach of any contract with any person utilizing his
30 services.
31 8. For willfully (i) operating in any area for which the licensee is not
32 licensed, or (ii) engaging in any activity for which the licensee is not
33 licensed.
34 9. For the employment of an unlicensed guide by an outfitter.
35 10. For inhumane treatment of any animal used by the licensed outfitter or
36 guide in the conduct of his business which endangers the health or safety
37 of any guest or patron or which interferes with the conduct of his busi-
38 ness.
39 11. For failure by any firm, partnership, corporation or other organiza-
40 tion or any combination thereof licensed as an outfitter to have at least
41 one (1) licensed outfitter as designated agent conducting its outfitting
42 business who meets all of the qualifications and requirements of a
43 licensed outfitter.
2
1 12. For the failure to provide any animal used by the licensed outfitter
2 or guide in the conduct of his business with proper food, drink and
3 shelter, or for the subjection of any such animal to needless abuse or
4 cruel and inhumane treatment.
5 13. For failure of an outfitter to serve the public in any of the follow-
6 ing ways: (i) by nonuse of license privileges as defined by rules of the
7 board, (ii) by limiting services to any individual, group, corporation or
8 club that limits its services to a membership, or (iii) by not offering
9 services to the general public.
10 14. For knowingly and willfully depriving a person's lawful use of the
11 public lands in this state regardless of any license, permit or condi-
12 tional use permit issued to the licensee including, but not limited to,
13 the blockage of or access to any trail or road accessing public lands.
14 15. For violation of or noncompliance with any applicable provision of
15 this act, or for violation of any lawful rule or order of the outfitter's
16 and guide's board.
17 (b) For the purposes of this section, the term "conviction" shall mean a
18 finding of guilt, an entry of a guilty plea by a defendant and its acceptance
19 by the court, or a forfeiture of bail bond or collateral deposited to secure a
20 defendant's appearance, suspended sentence, probation or withheld judgment.
21 (c) In addition to the penalties imposed in this section, the board may
22 impose an administrative fine not to exceed five thousand dollars ($5,000), or
23 the administrative costs of bringing the action before the board including,
24 but not limited to, attorney's fees and costs of hearing transcripts, for each
25 violation of the provisions of this chapter.
26 SECTION 2. This act shall be in full force and effect on and after July
27 1, 2000.
STATEMENT OF PURPOSE
RS 09610
This legislation will provide for more unrestricted use of the public lands for
Idaho's citizens.
FISCAL IMPACT
There is no fiscal impact.
Contact
Name: Senator Lin Whitworth
Phone: 332-1351
STATEMENT OF PURPOSE/FISCAL NOTE S1420