2000 Legislation
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SENATE BILL NO. 1420 – Outfitter/guide, public land use

SENATE BILL NO. 1420

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Daily Data Tracking History



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

Bill Text


 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 / Fiscal Impact


     
     
                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