2001 Legislation
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HOUSE BILL NO. 176 – Outfitter/guides license, exmptn

HOUSE BILL NO. 176

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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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN 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)  above
  3    of this section.
  4        (g)  "License  year"  means  that  period of time beginning on April 1 the
  5    date an outfitter's or guide's license is issued and ending with March  31  of
  6    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-
 13    pensation or gain or promise thereof, furnishes only rents or leases a pack or
 14    saddle horse, or other equipment necessary tack, to a hunter  or  a  fisherman
 15    when  such furnishing is for a temporary use on 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 the iInternal    rRevenue  cCode;
 22    (ii)  its purpose is to provide outdoor experiences to young persons under the
 23    age of twenty-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  procedure  and  regulations  to
 39    carry  into  effect  the provisions of this act including, but not limited to,
 40    regulations rules prescribing all requisite qualifications of training,  expe-
 41    rience,  knowledge  of rules and regulations of 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.
 49        By January 15 of  each  year,  each  nonresident  licensee,  permittee  or
 50    tagholder  shall  provide  to the department of fish and game, in a manner and
 51    form provided by the director, the number of each species of big game taken by
 52    that person in each management unit in the previous  calendar  year.  And,  if
 53    such person was accompanied by or had in employ a licensed outfitter, the name
 54    and 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 by March
  2        31 the end of the outfitter's license year; in which application for  such
  3        license    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.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved 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  "furnishes  only"  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  equipment  necessary  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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN 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)  above
  3    of this section.
  4        (g)  "License  year"  means  that  period of time beginning on April 1 the
  5    date an outfitter's or guide's license is issued and ending with March  31  of
  6    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-
 13    pensation 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 fisherman when such furnishing is for a tem-
 16    porary 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  the  iInternal
 24    rRevenue  cCode;  (ii)  its purpose is to provide outdoor experiences to young
 25    persons under the age of twenty-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  procedure  and  regulations  to
 41    carry  into  effect  the provisions of this act including, but not limited to,
 42    regulations rules prescribing all requisite qualifications of training,  expe-
 43    rience,  knowledge  of rules and regulations of 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.
 51        By January 15 of  each  year,  each  nonresident  licensee,  permittee  or
 52    tagholder  shall  provide  to the department of fish and game, in a manner and
 53    form provided by the director, the number of each species of big game taken by
 54    that person in each management unit in the previous  calendar  year.  And,  if
 55    such person was accompanied by or had in employ a licensed outfitter, the name
                                                                        
                                           4
                                                                        
  1    and 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 by March
  4        31 the end of the outfitter's license year; in which application for  such
  5        license    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 / Fiscal Impact


                      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