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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
H0397|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN 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 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