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H0176aaS......................................by RESOURCES AND CONSERVATION OUTFITTERS AND GUIDES - Amends existing law relating to outfitters and guides to revise the definition of "license year"; to provide an exception for licensure for certain persons furnishing livestock and equipment to a hunter or fisherman; to delete the requirement that each nonresident licensee, permittee or tagholder report to the Department of Fish and Game the number of each species of big game taken and other information; and changes the dates for imposition of a penalty for incomplete applications. 02/08 House intro - 1st rdg - to printing 02/09 Rpt prt - to 2nd rdg 02/12 2nd rdg - to 3rd rdg 02/14 3rd rdg - PASSED - 64-1-5 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Lake, Langford, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan, Tilman, Trail, Wheeler, Wood, Young NAYS -- Kunz Absent and excused -- Crow, Gould, Loertscher, Pomery, Mr. Speaker Floor Sponsor -- Moyle Title apvd - to Senate 02/15 Senate intro - 1st rdg - to Res/Env 02/27 Rpt out - to 14th Ord 03/01 Rpt out amen - to 1st rdg as amen 03/02 1st rdg - to 2nd rdg as amen 03/05 2nd rdg - to 3rd rdg as amen 03/15 3rd rdg as amen - PASSED - 30-0-5 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Burtenshaw, Cameron, Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Whitworth NAYS -- None Absent and excused -- Bunderson, Darrington, Lodge, Wheeler, Williams Floor Sponsors -- Schroeder, Hawkins Title apvd - to House 03/19 House concurred in Senate amens - to engros 03/20 Rpt engros - 1st rdg - to 2nd rdg as amen 03/21 2nd rdg - to 3rd rdg as amen 03/26 3rd rdg as amen - PASSED - 62-0-8 AYES -- Barraclough, Barrett, Bedke, Bieter, Black, Boe, Bolz, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Hansen, Harwood, Henbest(Farley), Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Tilman, Trail, Wood, Young NAYS -- None Absent and excused -- Bell, Bradford, Bruneel, Mader, Pischner, Stone, Wheeler, Mr. Speaker Floor Sponsor -- Moyle Title apvd - to Senate To enrol - rpt enrol - Sp signed 03/28 Pres signed 03/29 To Governor 03/31 Governor signed Session Law Chapter 271 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 176 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO THE OUTFITTERS AND GUIDES LICENSING BOARD; AMENDING SECTION 3 36-2102, IDAHO CODE, TO REVISE THE DEFINITION OF "LICENSE YEAR" AND TO 4 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 36-2103, IDAHO CODE, TO PRO- 5 VIDE AN EXCEPTION FOR CERTAIN PERSONS FURNISHING LIVESTOCK AND TACK TO A 6 HUNTER AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 36-2107, IDAHO 7 CODE, TO STRIKE THE REQUIREMENT THAT EACH NONRESIDENT LICENSEE, PERMITTEE 8 OR TAGHOLDER REPORT TO THE DEPARTMENT OF FISH AND GAME THE NUMBER OF EACH 9 SPECIES OF BIG GAME TAKEN AND OTHER INFORMATION AND TO MAKE TECHNICAL COR- 10 RECTIONS; AND AMENDING SECTION 36-2108, IDAHO CODE, TO CHANGE DATES FOR 11 IMPOSITION OF A PENALTY FOR INCOMPLETE APPLICATIONS. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 36-2102, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 36-2102. DEFINITIONS. (a) "Person" includes any individual, firm, part- 16 nership, corporation or other organization or any combination thereof. 17 (b) "Outfitter" includes any person who, while engaging in any of the 18 acts enumerated herein in any manner: (1) advertises or otherwise holds him- 19 self out to the public for hire; (2) provides facilities and services for con- 20 sideration; and (3) maintains, leases, or otherwise uses equipment or accommo- 21 dations for compensation for the conduct of outdoor recreational activities 22 limited to the following: hunting animals or birds; float or power boating on 23 Idaho rivers and streams; fishing on Idaho lakes, reservoirs, rivers and 24 streams; and hazardous desert or mountain excursions. Any firm, partnership, 25 corporation or other organization or combination thereof operating as an out- 26 fitter shall designate one (1) or more individuals as agents who shall, 27 together with the licensed outfitter, be held responsible for the conduct of 28 the licensed outfitter's operations and who shall meet all of the qualifica- 29 tions of a licensed outfitter. 30 (c) "Guide" is any natural person who is employed by a licensed outfitter 31 to furnish personal services for the conduct of outdoor recreational activi- 32 ties directly related to the conduct of activities for which the employing 33 outfitter is licensed. Any such person not employed by a licensed outfitter 34 who offers or provides facilities or services as specified in subsection (b) 35 of this section shall be deemed in violation of the provisions of this chap- 36 ter, except: (1) any employee of the state of Idaho or the United States when 37 acting in his official capacity, or (2) any natural person who is employed by 38 a licensed outfitter solely for the following activities: caring for, groom- 39 ing or saddling of livestock, cooking, woodcutting, and transporting people, 40 equipment and personal property on public roads shall be exempt from the pro- 41 visions of this chapter. 42 (d) "Board" means the Idaho outfitters and guides licensing board. 43 (e) "Resident" means a person who has resided in the state of Idaho for a 2 1 period of six (6) months next preceding the time of application for license. 2 (f) "Nonresident" means any person not included in subsection (e)above3 of this section. 4 (g) "License year" means that period of time beginning onApril 1the 5 date an outfitter's or guide's license is issued and endingwith March 31 of6 on the anniversary of the date of issuance in the following year. 7 (h) "Individual" means any person other than a partnership, corporation 8 or any other organization or combination thereof. 9 SECTION 2. That Section 36-2103, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 36-2103. EXCEPTIONS. The foregoing definitions of the terms "outfitter" 12 and "guide" will not apply to a person who, for accommodation and not for com-13pensation or gain or promise thereof, furnishesonly rents or leases a pack or 14 saddle horse, orother equipmentnecessary tack, to a hunteror a fisherman15when such furnishing is for a temporary useon an incidental basis. Such per- 16 son may accompany a hunter, not to include extended camping, for the purpose 17 of maintaining the safety and well-being of the livestock used to retrieve 18 harvested big game. Additionally, the foregoing definition of "outfitter" and 19 "guide" shall not apply to members of a nonprofit organization if the organi- 20 zation meets the following criteria: (i) it is exempt from the payment of fed- 21 eral income taxes under section 501(c)(3) of theiInternalrRevenuecCode; 22 (ii) its purpose is to provide outdoor experiences to young persons underthe23age oftwenty-one (21) years of age and to its leaders; and (iii) it provides 24 outfitting and guiding services to its own bona fide members on a not for 25 profit basis. If the members of the nonprofit organization provide outfitting 26 or guiding services to persons who are not its members and leaders, the provi- 27 sions of this chapter shall apply to that organization, its members and lead- 28 ers. 29 SECTION 3. That Section 36-2107, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 36-2107. POWERS AND DUTIES OF BOARD. The board which may by written 32 agreement authorize the bureau of occupational licenses as agent to act in its 33 interest, shall have the following duties and powers: 34 (a) To conduct examinations to ascertain the qualifications of applicants 35 for outfitter's or guide's licenses, and to issue such licenses to qualified 36 applicants, with such restrictions and limitations thereon as the board may 37 find reasonable. 38 (b) To prescribe and establish rules of procedureand regulationsto 39 carry into effect the provisions of this act including, but not limited to, 40regulationsrules prescribing all requisite qualifications of training, expe- 41 rience, knowledge of rulesand regulationsof governmental bodies, condition 42 and type of gear and equipment, examinations to be given applicants, whether 43 oral, written or demonstrative, or a combination thereof. 44 (c) To conduct hearings and proceedings to suspend, revoke or restrict 45 the licenses of outfitters or guides, and to suspend, revoke or restrict said 46 licenses for due cause in the manner hereinafter provided. 47 (d) The board is expressly vested with the power and the authority to 48 enforce the provisions of this chapter and make and enforce any and all rea- 49 sonable rules which shall by it be deemed necessary and which are not in con- 50 flict with the provisions of this chapter, for the express purpose of safe- 51 guarding the health, safety, welfare and freedom from injury or danger of 3 1 those persons utilizing the services of outfitters and guides, and for the 2 conservation of wildlife and range resources. 3 (e) The board shall have the power to cooperate with the federal and 4 state government through its appropriate agency or instrumentality in matters 5 of mutual concern regarding the business of outfitting and guiding in Idaho. 6 (f) The board shall have the power throughout the state of Idaho to 7 request the attendance of witnesses and the production of such books, records 8 and papers as may be required at any hearing before it, and for that purpose 9 the board may request a district court to issue a subpoena for any witness or 10 a subpoena duces tecum to compel the production of any books, records or 11 papers. Subpoenas shall be directed to the sheriff of any county in the state 12 of Idaho where such witness resides or may be found. Subpoenas shall be served 13 and returned in the same manner as subpoenas in a criminal case. The fees and 14 mileage of the sheriff and witnesses shall be the same as that allowed in dis- 15 trict court criminal cases, which fees and mileage shall be paid from any 16 funds in the state treasury available therefor in the same manner as other 17 expenses of the board are paid. Disobedience of any subpoena issued by the 18 district court or the refusal by any witness in failing to testify concerning 19 any matter regarding which he may lawfully be interrogated, or the failure to 20 produce any books, records or papers shall constitute a contempt of the dis- 21 trict court of any county where such disobedience or refusal occurs, and said 22 court, or any judge thereof, by proceedings for contempt in said court, may, 23 if such contempt be found, punish said witness as in any other case of disobe- 24 dience of a subpoena issued from such court or refusal to testify therein. 25 (g) The board shall have the power to appoint an executive director to 26 serve at the pleasure of the board. The executive director shall carry out 27 such administrative duties as delegated to the director by the board. The 28 board may, in its discretion, refuse, sustain or reverse, by majority vote, 29 any action or decision of the executive director. The executive director shall 30 be exempt from the provisions of chapter 53, title 67, Idaho Code, and shall 31 receive a salary that is fixed by the board. 32 (h) The board shall have the power to hire enforcement agents in order to 33 conduct investigations and enforce the provisions of this chapter. All 34 enforcement agents appointed by the board who are certified by the Idaho peace 35 officer standards and training advisory council, shall have the power of peace 36 officers limited to: 37 1. Enforcement of the provisions of this chapter. 38 2. Responding to express requests from other law enforcement agencies for 39 aid and assistance in enforcing other laws. For purposes of this section, 40 such a request from a law enforcement agency shall mean only a request as 41 to a particular and singular violation or suspicion of violation of law, 42 and shall not constitute a continuous request for assistance outside the 43 purview of enforcement of the provisions of this chapter. 44 (i) By August 1 of each year, the board shall provide to the director of 45 the department of fish and game, in a manner and form prescribed by the direc- 46 tor, the number of each species of big game taken in each management unit by 47 clients of licensed outfitters between July 1 of the immediately preceding 48 calendar year and June 30 of the current calendar year. 49By January 15 of each year, each nonresident licensee, permittee or50tagholder shall provide to the department of fish and game, in a manner and51form provided by the director, the number of each species of big game taken by52that person in each management unit in the previous calendar year. And, if53such person was accompanied by or had in employ a licensed outfitter, the name54and license number of such outfitter shall also be provided on such form.55 (j) The board shall by rule designate the number of deer or elk tags 4 1 allocated pursuant to section 36-408(d), Idaho Code, among the authorized 2 operating areas within the game management area, unit or zone. 3 SECTION 4. That Section 36-2108, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 36-2108. APPLICATION FOR LICENSE -- CONTENTS -- FEE -- QUALIFICATIONS -- 6 TERM -- BOND. (a) Each applicant for an outfitter's or guide's license shall 7 make application for such license upon a form to be prescribed and furnished 8 by the board. 9 1. All applications for an outfitter's license shall be signed by the 10 applicant, under oath or affirmation that all information supplied by him 11 in the application form is true and correct as he verily believes and 12 shall be duly notarized. Such applications shall include, but are not lim- 13 ited to, a worded description of the boundaries of the operating area in 14 which such activity will be conducted. 15 2. All applications for a guide's license shall be signed by the appli- 16 cant. Such application shall contain the written endorsement of the 17 outfitter(s) by whom the applicant will be employed. 18 (b) Applications shall be made to and filed with the board and, unless 19 arrangements have been made otherwise with the board, accompanied by proof of 20 eligibility for a bond payable to the person or persons employing the licensee 21 and in a form approved by the board in the sum of ten thousand dollars 22 ($10,000) for outfitters, to be executed by a qualified surety, duly autho- 23 rized to do business in this state, conditioned that for the current license 24 year said applicant, his agents and employees, if said license is issued to 25 him, shall conduct his business as an outfitter without fraud or fraudulent 26 representation, and will faithfully perform his contracts with and duties to 27 his patrons; said bond shall be filed with the board before issuance of the 28 license as provided herein. 29 (c) The board, in its discretion, may make such additional investigation 30 and inquiry relative to the applicant and his qualifications as it shall deem 31 advisable, provided that final decision by the board upon an application sub- 32 mitted by an applicant who has held during the preceding license year a 33 license of the same kind for which application is made shall not be later than 34 March 31 of the year in which the board receives all materials required to be 35 submitted in order to complete a license application or thirty (30) days from 36 the date the board receives all such materials, whichever is later; and upon 37 an application submitted by an applicant not holding during the preceding 38 license year a license of the same kind or embracing the same activity(ies) or 39 area for which application is made, not later than March 31 of the year in 40 which the board receives all materials required to be submitted in order to 41 complete a license application or ninety (90) days from the date the board 42 receives all such materials, whichever is later. 43 (d) After the board has acted favorably upon an application, the appli- 44 cant shall pay a license fee, as hereinafter provided, to the board. 45 1. The license fee shall be paid prior to the issuance of a license. 46 2. The license fee shall be used for the investigation of applicants, for 47 enforcement of this act, and for the administration costs of the board. 48 3. The license fee for resident and nonresident outfitters shall be three 49 hundred dollars ($300); the license fee for a designated agent as defined 50 in section 36-2102(b), Idaho Code, shall be one hundred twenty dollars 51 ($120); and the license fee for resident and nonresident guides shall be 52 ninety-five dollars ($95.00). A penalty fee in the amount of fifty dollars 53 ($50.00) may be charged in addition to the regular outfitter's license fee 5 1 for any such renewal applicant whose application is not complete byMarch231the end of the outfitter's license year;in which application for such3license is made;this does not apply to a new applicant for an 4 outfitter's license. A seventy-five dollar ($75.00) fee shall be charged 5 for every amendment to an outfitter's license other than an incidental 6 amendment, and a ten dollar ($10.00) fee shall be charged for every inci- 7 dental amendment to an outfitter's license and every amendment to a 8 guide's license. 9 4. A one-time application fee for outfitters not to exceed four hundred 10 dollars ($400), a one-time application fee for designated agents not to 11 exceed fifty dollars ($50.00), and a one-time application fee for guides 12 not to exceed ten dollars ($10.00) shall be established annually by the 13 board and shall be used for application related expenses. The board shall 14 establish by rule a policy to refund unused application fees.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001Moved by Schroeder Seconded by Whitworth IN THE SENATE SENATE AMENDMENT TO H.B. NO. 176 1 AMENDMENTS TO SECTION 2 2 On page 2 of the printed bill, in line 13, delete "furnishesonly" and 3 insert: "furnishes,"; and also in line 13, following "leases" insert: ", 4 whether or not for compensation or gain or promise thereof,"; in line 14, 5 delete "other equipmentnecessary tack" and insert: "other equipment"; and 6 also in line 14, delete "or a fisherman" and insert: "or a fisherman"; in line 7 15, delete "on an incidental basis. Such" and insert: ". A"; and in line 16, 8 delete "may" and insert: "so furnishing, renting or leasing a pack or saddle 9 horse or other equipment, shall not be considered an "outfitter" or "guide" 10 if, on an incidental basis, they". 11 CORRECTIONS TO TITLE 12 On page 1, in line 5, delete "TACK" and insert: "EQUIPMENT"; and in line 13 6, following "HUNTER" insert: "OR FISHERMAN".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 176, As Amended in the Senate BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO THE OUTFITTERS AND GUIDES LICENSING BOARD; AMENDING SECTION 3 36-2102, IDAHO CODE, TO REVISE THE DEFINITION OF "LICENSE YEAR" AND TO 4 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 36-2103, IDAHO CODE, TO PRO- 5 VIDE AN EXCEPTION FOR CERTAIN PERSONS FURNISHING LIVESTOCK AND EQUIPMENT 6 TO A HUNTER OR FISHERMAN AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 7 TION 36-2107, IDAHO CODE, TO STRIKE THE REQUIREMENT THAT EACH NONRESIDENT 8 LICENSEE, PERMITTEE OR TAGHOLDER REPORT TO THE DEPARTMENT OF FISH AND GAME 9 THE NUMBER OF EACH SPECIES OF BIG GAME TAKEN AND OTHER INFORMATION AND TO 10 MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 36-2108, IDAHO CODE, TO 11 CHANGE DATES FOR IMPOSITION OF A PENALTY FOR INCOMPLETE APPLICATIONS. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 36-2102, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 36-2102. DEFINITIONS. (a) "Person" includes any individual, firm, part- 16 nership, corporation or other organization or any combination thereof. 17 (b) "Outfitter" includes any person who, while engaging in any of the 18 acts enumerated herein in any manner: (1) advertises or otherwise holds him- 19 self out to the public for hire; (2) provides facilities and services for con- 20 sideration; and (3) maintains, leases, or otherwise uses equipment or accommo- 21 dations for compensation for the conduct of outdoor recreational activities 22 limited to the following: hunting animals or birds; float or power boating on 23 Idaho rivers and streams; fishing on Idaho lakes, reservoirs, rivers and 24 streams; and hazardous desert or mountain excursions. Any firm, partnership, 25 corporation or other organization or combination thereof operating as an out- 26 fitter shall designate one (1) or more individuals as agents who shall, 27 together with the licensed outfitter, be held responsible for the conduct of 28 the licensed outfitter's operations and who shall meet all of the qualifica- 29 tions of a licensed outfitter. 30 (c) "Guide" is any natural person who is employed by a licensed outfitter 31 to furnish personal services for the conduct of outdoor recreational activi- 32 ties directly related to the conduct of activities for which the employing 33 outfitter is licensed. Any such person not employed by a licensed outfitter 34 who offers or provides facilities or services as specified in subsection (b) 35 of this section shall be deemed in violation of the provisions of this chap- 36 ter, except: (1) any employee of the state of Idaho or the United States when 37 acting in his official capacity, or (2) any natural person who is employed by 38 a licensed outfitter solely for the following activities: caring for, groom- 39 ing or saddling of livestock, cooking, woodcutting, and transporting people, 40 equipment and personal property on public roads shall be exempt from the pro- 41 visions of this chapter. 42 (d) "Board" means the Idaho outfitters and guides licensing board. 43 (e) "Resident" means a person who has resided in the state of Idaho for a 2 1 period of six (6) months next preceding the time of application for license. 2 (f) "Nonresident" means any person not included in subsection (e)above3 of this section. 4 (g) "License year" means that period of time beginning onApril 1the 5 date an outfitter's or guide's license is issued and endingwith March 31 of6 on the anniversary of the date of issuance in the following year. 7 (h) "Individual" means any person other than a partnership, corporation 8 or any other organization or combination thereof. 9 SECTION 2. That Section 36-2103, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 36-2103. EXCEPTIONS. The foregoing definitions of the terms "outfitter" 12 and "guide" will not apply to a person who, for accommodation and not for com-13pensation or gain or promise thereof,furnishes, rents or leases, whether or 14 not for compensation or gain or promise thereof, a pack or saddle horse, or 15 other equipment, to a hunter or a fishermanwhen such furnishing is for a tem-16porary use. A person so furnishing, renting or leasing a pack or saddle horse 17 or other equipment, shall not be considered an "outfitter" or "guide" if, on 18 an incidental basis, they accompany a hunter, not to include extended camping, 19 for the purpose of maintaining the safety and well-being of the livestock used 20 to retrieve harvested big game. Additionally, the foregoing definition of 21 "outfitter" and "guide" shall not apply to members of a nonprofit organization 22 if the organization meets the following criteria: (i) it is exempt from the 23 payment of federal income taxes under section 501(c)(3) of theiInternal 24rRevenuecCode; (ii) its purpose is to provide outdoor experiences to young 25 persons underthe age oftwenty-one (21) years of age and to its leaders; and 26 (iii) it provides outfitting and guiding services to its own bona fide members 27 on a not for profit basis. If the members of the nonprofit organization pro- 28 vide outfitting or guiding services to persons who are not its members and 29 leaders, the provisions of this chapter shall apply to that organization, its 30 members and leaders. 31 SECTION 3. That Section 36-2107, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 36-2107. POWERS AND DUTIES OF BOARD. The board which may by written 34 agreement authorize the bureau of occupational licenses as agent to act in its 35 interest, shall have the following duties and powers: 36 (a) To conduct examinations to ascertain the qualifications of applicants 37 for outfitter's or guide's licenses, and to issue such licenses to qualified 38 applicants, with such restrictions and limitations thereon as the board may 39 find reasonable. 40 (b) To prescribe and establish rules of procedureand regulationsto 41 carry into effect the provisions of this act including, but not limited to, 42regulationsrules prescribing all requisite qualifications of training, expe- 43 rience, knowledge of rulesand regulationsof governmental bodies, condition 44 and type of gear and equipment, examinations to be given applicants, whether 45 oral, written or demonstrative, or a combination thereof. 46 (c) To conduct hearings and proceedings to suspend, revoke or restrict 47 the licenses of outfitters or guides, and to suspend, revoke or restrict said 48 licenses for due cause in the manner hereinafter provided. 49 (d) The board is expressly vested with the power and the authority to 50 enforce the provisions of this chapter and make and enforce any and all rea- 51 sonable rules which shall by it be deemed necessary and which are not in con- 3 1 flict with the provisions of this chapter, for the express purpose of safe- 2 guarding the health, safety, welfare and freedom from injury or danger of 3 those persons utilizing the services of outfitters and guides, and for the 4 conservation of wildlife and range resources. 5 (e) The board shall have the power to cooperate with the federal and 6 state government through its appropriate agency or instrumentality in matters 7 of mutual concern regarding the business of outfitting and guiding in Idaho. 8 (f) The board shall have the power throughout the state of Idaho to 9 request the attendance of witnesses and the production of such books, records 10 and papers as may be required at any hearing before it, and for that purpose 11 the board may request a district court to issue a subpoena for any witness or 12 a subpoena duces tecum to compel the production of any books, records or 13 papers. Subpoenas shall be directed to the sheriff of any county in the state 14 of Idaho where such witness resides or may be found. Subpoenas shall be served 15 and returned in the same manner as subpoenas in a criminal case. The fees and 16 mileage of the sheriff and witnesses shall be the same as that allowed in dis- 17 trict court criminal cases, which fees and mileage shall be paid from any 18 funds in the state treasury available therefor in the same manner as other 19 expenses of the board are paid. Disobedience of any subpoena issued by the 20 district court or the refusal by any witness in failing to testify concerning 21 any matter regarding which he may lawfully be interrogated, or the failure to 22 produce any books, records or papers shall constitute a contempt of the dis- 23 trict court of any county where such disobedience or refusal occurs, and said 24 court, or any judge thereof, by proceedings for contempt in said court, may, 25 if such contempt be found, punish said witness as in any other case of disobe- 26 dience of a subpoena issued from such court or refusal to testify therein. 27 (g) The board shall have the power to appoint an executive director to 28 serve at the pleasure of the board. The executive director shall carry out 29 such administrative duties as delegated to the director by the board. The 30 board may, in its discretion, refuse, sustain or reverse, by majority vote, 31 any action or decision of the executive director. The executive director shall 32 be exempt from the provisions of chapter 53, title 67, Idaho Code, and shall 33 receive a salary that is fixed by the board. 34 (h) The board shall have the power to hire enforcement agents in order to 35 conduct investigations and enforce the provisions of this chapter. All 36 enforcement agents appointed by the board who are certified by the Idaho peace 37 officer standards and training advisory council, shall have the power of peace 38 officers limited to: 39 1. Enforcement of the provisions of this chapter. 40 2. Responding to express requests from other law enforcement agencies for 41 aid and assistance in enforcing other laws. For purposes of this section, 42 such a request from a law enforcement agency shall mean only a request as 43 to a particular and singular violation or suspicion of violation of law, 44 and shall not constitute a continuous request for assistance outside the 45 purview of enforcement of the provisions of this chapter. 46 (i) By August 1 of each year, the board shall provide to the director of 47 the department of fish and game, in a manner and form prescribed by the direc- 48 tor, the number of each species of big game taken in each management unit by 49 clients of licensed outfitters between July 1 of the immediately preceding 50 calendar year and June 30 of the current calendar year. 51By January 15 of each year, each nonresident licensee, permittee or52tagholder shall provide to the department of fish and game, in a manner and53form provided by the director, the number of each species of big game taken by54that person in each management unit in the previous calendar year. And, if55such person was accompanied by or had in employ a licensed outfitter, the name4 1and license number of such outfitter shall also be provided on such form.2 (j) The board shall by rule designate the number of deer or elk tags 3 allocated pursuant to section 36-408(d), Idaho Code, among the authorized 4 operating areas within the game management area, unit or zone. 5 SECTION 4. That Section 36-2108, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 36-2108. APPLICATION FOR LICENSE -- CONTENTS -- FEE -- QUALIFICATIONS -- 8 TERM -- BOND. (a) Each applicant for an outfitter's or guide's license shall 9 make application for such license upon a form to be prescribed and furnished 10 by the board. 11 1. All applications for an outfitter's license shall be signed by the 12 applicant, under oath or affirmation that all information supplied by him 13 in the application form is true and correct as he verily believes and 14 shall be duly notarized. Such applications shall include, but are not lim- 15 ited to, a worded description of the boundaries of the operating area in 16 which such activity will be conducted. 17 2. All applications for a guide's license shall be signed by the appli- 18 cant. Such application shall contain the written endorsement of the 19 outfitter(s) by whom the applicant will be employed. 20 (b) Applications shall be made to and filed with the board and, unless 21 arrangements have been made otherwise with the board, accompanied by proof of 22 eligibility for a bond payable to the person or persons employing the licensee 23 and in a form approved by the board in the sum of ten thousand dollars 24 ($10,000) for outfitters, to be executed by a qualified surety, duly autho- 25 rized to do business in this state, conditioned that for the current license 26 year said applicant, his agents and employees, if said license is issued to 27 him, shall conduct his business as an outfitter without fraud or fraudulent 28 representation, and will faithfully perform his contracts with and duties to 29 his patrons; said bond shall be filed with the board before issuance of the 30 license as provided herein. 31 (c) The board, in its discretion, may make such additional investigation 32 and inquiry relative to the applicant and his qualifications as it shall deem 33 advisable, provided that final decision by the board upon an application sub- 34 mitted by an applicant who has held during the preceding license year a 35 license of the same kind for which application is made shall not be later than 36 March 31 of the year in which the board receives all materials required to be 37 submitted in order to complete a license application or thirty (30) days from 38 the date the board receives all such materials, whichever is later; and upon 39 an application submitted by an applicant not holding during the preceding 40 license year a license of the same kind or embracing the same activity(ies) or 41 area for which application is made, not later than March 31 of the year in 42 which the board receives all materials required to be submitted in order to 43 complete a license application or ninety (90) days from the date the board 44 receives all such materials, whichever is later. 45 (d) After the board has acted favorably upon an application, the appli- 46 cant shall pay a license fee, as hereinafter provided, to the board. 47 1. The license fee shall be paid prior to the issuance of a license. 48 2. The license fee shall be used for the investigation of applicants, for 49 enforcement of this act, and for the administration costs of the board. 50 3. The license fee for resident and nonresident outfitters shall be three 51 hundred dollars ($300); the license fee for a designated agent as defined 52 in section 36-2102(b), Idaho Code, shall be one hundred twenty dollars 53 ($120); and the license fee for resident and nonresident guides shall be 5 1 ninety-five dollars ($95.00). A penalty fee in the amount of fifty dollars 2 ($50.00) may be charged in addition to the regular outfitter's license fee 3 for any such renewal applicant whose application is not complete byMarch431the end of the outfitter's license year;in which application for such5license is made;this does not apply to a new applicant for an 6 outfitter's license. A seventy-five dollar ($75.00) fee shall be charged 7 for every amendment to an outfitter's license other than an incidental 8 amendment, and a ten dollar ($10.00) fee shall be charged for every inci- 9 dental amendment to an outfitter's license and every amendment to a 10 guide's license. 11 4. A one-time application fee for outfitters not to exceed four hundred 12 dollars ($400), a one-time application fee for designated agents not to 13 exceed fifty dollars ($50.00), and a one-time application fee for guides 14 not to exceed ten dollars ($10.00) shall be established annually by the 15 board and shall be used for application related expenses. The board shall 16 establish by rule a policy to refund unused application fees.
STATEMENT OF PURPOSE RS 11004 The purpose of this legislation is to amend Section 36-2102(c) to provide that the definition of "license year" means the anniversary date of issuance and not from April 1. This would permit "rolling' calendar years for licensure instead of all outfitter and all guide licenses expiring and having to be renewed on the same date. This would decrease the need to hire temporary staff to assist in the increased workload at that time of year and spread the licensure process throughout the year. This legislation would also amend Section 36-2103 to clarify that the definition of "outfitter" and "guide" does not include persons who only furnish a pack or saddle horse or other equipment to a hunter or a fisherman. This change was requested by Sen. Ipsen as a result of misinformation given by several parties to a hunter from out-of-state who wished to rent pack animals to pack elk that he and some friends had harvested and was turned down because he was told the law prohibited it. A further purpose of this legislation is to remove the last paragraph of Section 36-2107(h). This paragraph does not affect the Board and the Board does not enforce this paragraph. This legislation would also amend Section 36-2108(d) to provide that the late penalty fee required after the end of the "license year" means the end of the license year and not March 31. This also would assist in permitting "rolling" calendar years for licensure. FISCAL IMPACT There is no fiscal impact from this legislation. Contact Name: Dean Sangrey, Executive Director, Agency: Outfitters and Guides Licensing Board Phone: (208) 327-7380 STATEMENT OF PURPOSE/FISCAL NOTE H 17