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H0045........................................................by MR. SPEAKER
Requested by: Outfitters and Guides Licensing Board
OUTFITTERS AND GUIDES LICENSES - Amends existing law relating to the
Outfitters and Guides Licensing Board to revise the definition of "license
year"; to provide an exception for a person who only furnishes a pack or
saddle horse, or other 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 to change the dates for imposition of a penalty for incomplete
applications.
01/08 House intro - 1st rdg - to printing
Rpt prt - to Res/Con
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 45 BY MR. SPEAKER Requested by: Outfitters and Guides Licensing Board 1 AN ACT 2 RELATING TO THE OUTFITTERS AND GUIDES LICENSING BOARD; AMENDING SECTION 3 36-2102, IDAHO CODE, TO CHANGE THE DEFINITION OF LICENSE YEAR AND TO MAKE 4 A TECHNICAL CORRECTION; AMENDING SECTION 36-2103, IDAHO CODE, TO PROVIDE 5 AN EXCEPTION FOR A PERSON WHO ONLY FURNISHES A PACK OR SADDLE HORSE, OR 6 OTHER EQUIPMENT, TO A HUNTER OR FISHERMAN AND TO MAKE TECHNICAL CORREC- 7 TIONS; AMENDING SECTION 36-2107, IDAHO CODE, TO STRIKE THE REQUIREMENT 8 THAT EACH NONRESIDENT LICENSEE, PERMITTEE OR TAGHOLDER REPORT TO THE 9 DEPARTMENT OF FISH AND GAME THE NUMBER OF EACH SPECIES OF BIG GAME TAKEN 10 AND OTHER INFORMATION AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SEC- 11 TION 36-2108, IDAHO CODE, TO CHANGE DATES FOR IMPOSITION OF A PENALTY FOR 12 INCOMPLETE APPLICATIONS. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 36-2102, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 36-2102. DEFINITIONS. (a) "Person" includes any individual, firm, part- 17 nership, corporation or other organization or any combination thereof. 18 (b) "Outfitter" includes any person who, while engaging in any of the 19 acts enumerated herein in any manner: (1) advertises or otherwise holds him- 20 self out to the public for hire; (2) provides facilities and services for con- 21 sideration; and (3) maintains, leases, or otherwise uses equipment or accommo- 22 dations for compensation for the conduct of outdoor recreational activities 23 limited to the following: hunting animals or birds; float or power boating on 24 Idaho rivers and streams; fishing on Idaho lakes, reservoirs, rivers and 25 streams; and hazardous desert or mountain excursions. Any firm, partnership, 26 corporation or other organization or combination thereof operating as an out- 27 fitter shall designate one (1) or more individuals as agents who shall, 28 together with the licensed outfitter, be held responsible for the conduct of 29 the licensed outfitter's operations and who shall meet all of the qualifica- 30 tions of a licensed outfitter. 31 (c) "Guide" is any natural person who is employed by a licensed outfitter 32 to furnish personal services for the conduct of outdoor recreational activi- 33 ties directly related to the conduct of activities for which the employing 34 outfitter is licensed. Any such person not employed by a licensed outfitter 35 who offers or provides facilities or services as specified in subsection (b) 36 of this section shall be deemed in violation of the provisions of this chap- 37 ter, except: (1) any employee of the state of Idaho or the United States when 38 acting in his official capacity, or (2) any natural person who is employed by 39 a licensed outfitter solely for the following activities: caring for, groom- 40 ing or saddling of livestock, cooking, woodcutting, and transporting people, 41 equipment and personal property on public roads shall be exempt from the pro- 42 visions of this chapter. 43 (d) "Board" means the Idaho outfitters and guides licensing board. 2 1 (e) "Resident" means a person who has resided in the state of Idaho for a 2 period of six (6) months next preceding the time of application for license. 3 (f) "Nonresident" means any person not included in subsection (e) above. 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,only furnishes a pack or saddle horse, 14 or other equipment, to a hunter or a fisherman.when such furnishing is for a15temporary use.Additionally, the foregoing definition of "outfitter" and 16 "guide" shall not apply to members of a nonprofit organization if the organi- 17 zation meets the following criteria: (i) it is exempt from the payment of fed- 18 eral income taxes under section 501(c)(3) of theiInternalrRevenuecCode; 19 (ii) its purpose is to provide outdoor experiences to young persons under the 20 age of twenty-one (21) and to its leaders; and (iii) it provides outfitting 21 and guiding services to its own bona fide members on a not for profit basis. 22 If the members of the nonprofit organization provide outfitting or guiding 23 services to persons who are not its members and leaders, the provisions of 24 this chapter shall apply to that organization, its members and leaders. 25 SECTION 3. That Section 36-2107, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 36-2107. POWERS AND DUTIES OF BOARD. The board which may by written 28 agreement authorize the bureau of occupational licenses as agent to act in its 29 interest, shall have the following duties and powers: 30 (a) To conduct examinations to ascertain the qualifications of applicants 31 for outfitter's or guide's licenses, and to issue such licenses to qualified 32 applicants, with such restrictions and limitations thereon as the board may 33 find reasonable. 34 (b) To prescribe and establish rules of procedureand regulationsto 35 carry into effect the provisions of this act including, but not limited to, 36regulationsrules prescribing all requisite qualifications of training, expe- 37 rience, knowledge of rulesand regulationsof governmental bodies, condition 38 and type of gear and equipment, examinations to be given applicants, whether 39 oral, written or demonstrative, or a combination thereof. 40 (c) To conduct hearings and proceedings to suspend, revoke or restrict 41 the licenses of outfitters or guides, and to suspend, revoke or restrict said 42 licenses for due cause in the manner hereinafter provided. 43 (d) The board is expressly vested with the power and the authority to 44 enforce the provisions of this chapter and make and enforce any and all rea- 45 sonable rules which shall by it be deemed necessary and which are not in con- 46 flict with the provisions of this chapter, for the express purpose of safe- 47 guarding the health, safety, welfare and freedom from injury or danger of 48 those persons utilizing the services of outfitters and guides, and for the 49 conservation of wildlife and range resources. 50 (e) The board shall have the power to cooperate with the federal and 51 state government through its appropriate agency or instrumentality in matters 3 1 of mutual concern regarding the business of outfitting and guiding in Idaho. 2 (f) The board shall have the power throughout the state of Idaho to 3 request the attendance of witnesses and the production of such books, records 4 and papers as may be required at any hearing before it, and for that purpose 5 the board may request a district court to issue a subpoena for any witness or 6 a subpoena duces tecum to compel the production of any books, records or 7 papers. Subpoenas shall be directed to the sheriff of any county in the state 8 of Idaho where such witness resides or may be found. Subpoenas shall be served 9 and returned in the same manner as subpoenas in a criminal case. The fees and 10 mileage of the sheriff and witnesses shall be the same as that allowed in dis- 11 trict court criminal cases, which fees and mileage shall be paid from any 12 funds in the state treasury available therefor in the same manner as other 13 expenses of the board are paid. Disobedience of any subpoena issued by the 14 district court or the refusal by any witness in failing to testify concerning 15 any matter regarding which he may lawfully be interrogated, or the failure to 16 produce any books, records or papers shall constitute a contempt of the dis- 17 trict court of any county where such disobedience or refusal occurs, and said 18 court, or any judge thereof, by proceedings for contempt in said court, may, 19 if such contempt be found, punish said witness as in any other case of disobe- 20 dience of a subpoena issued from such court or refusal to testify therein. 21 (g) The board shall have the power to appoint an executive director to 22 serve at the pleasure of the board. The executive director shall carry out 23 such administrative duties as delegated to the director by the board. The 24 board may, in its discretion, refuse, sustain or reverse, by majority vote, 25 any action or decision of the executive director. The executive director shall 26 be exempt from the provisions of chapter 53, title 67, Idaho Code, and shall 27 receive a salary that is fixed by the board. 28 (h) The board shall have the power to hire enforcement agents in order to 29 conduct investigations and enforce the provisions of this chapter. All 30 enforcement agents appointed by the board who are certified by the Idaho peace 31 officer standards and training advisory council, shall have the power of peace 32 officers limited to: 33 1. Enforcement of the provisions of this chapter. 34 2. Responding to express requests from other law enforcement agencies for 35 aid and assistance in enforcing other laws. For purposes of this section, 36 such a request from a law enforcement agency shall mean only a request as 37 to a particular and singular violation or suspicion of violation of law, 38 and shall not constitute a continuous request for assistance outside the 39 purview of enforcement of the provisions of this chapter. 40 (i) By August 1 of each year, the board shall provide to the director of 41 the department of fish and game, in a manner and form prescribed by the direc- 42 tor, the number of each species of big game taken in each management unit by 43 clients of licensed outfitters between July 1 of the immediately preceding 44 calendar year and June 30 of the current calendar year. 45By January 15 of each year, each nonresident licensee, permittee or46tagholder shall provide to the department of fish and game, in a manner and47form provided by the director, the number of each species of big game taken by48that person in each management unit in the previous calendar year. And, if49such person was accompanied by or had in employ a licensed outfitter, the name50and license number of such outfitter shall also be provided on such form.51 (j) The board shall by rule designate the number of deer or elk tags 52 allocated pursuant to section 36-408(d), Idaho Code, among the authorized 53 operating areas within the game management area, unit or zone. 54 SECTION 4. That Section 36-2108, Idaho Code, be, and the same is hereby 4 1 amended to read as follows: 2 36-2108. APPLICATION FOR LICENSE -- CONTENTS -- FEE -- QUALIFICATIONS -- 3 TERM -- BOND. (a) Each applicant for an outfitter's or guide's license shall 4 make application for such license upon a form to be prescribed and furnished 5 by the board. 6 1. All applications for an outfitter's license shall be signed by the 7 applicant, under oath or affirmation that all information supplied by him 8 in the application form is true and correct as he verily believes and 9 shall be duly notarized. Such applications shall include, but are not lim- 10 ited to, a worded description of the boundaries of the operating area in 11 which such activity will be conducted. 12 2. All applications for a guide's license shall be signed by the appli- 13 cant. Such application shall contain the written endorsement of the 14 outfitter(s) by whom the applicant will be employed. 15 (b) Applications shall be made to and filed with the board and, unless 16 arrangements have been made otherwise with the board, accompanied by proof of 17 eligibility for a bond payable to the person or persons employing the licensee 18 and in a form approved by the board in the sum of ten thousand dollars 19 ($10,000) for outfitters, to be executed by a qualified surety, duly autho- 20 rized to do business in this state, conditioned that for the current license 21 year said applicant, his agents and employees, if said license is issued to 22 him, shall conduct his business as an outfitter without fraud or fraudulent 23 representation, and will faithfully perform his contracts with and duties to 24 his patrons; said bond shall be filed with the board before issuance of the 25 license as provided herein. 26 (c) The board, in its discretion, may make such additional investigation 27 and inquiry relative to the applicant and his qualifications as it shall deem 28 advisable, provided that final decision by the board upon an application sub- 29 mitted by an applicant who has held during the preceding license year a 30 license of the same kind for which application is made shall not be later than 31 March 31 of the year in which the board receives all materials required to be 32 submitted in order to complete a license application or thirty (30) days from 33 the date the board receives all such materials, whichever is later; and upon 34 an application submitted by an applicant not holding during the preceding 35 license year a license of the same kind or embracing the same activity(ies) or 36 area for which application is made, not later than March 31 of the year in 37 which the board receives all materials required to be submitted in order to 38 complete a license application or ninety (90) days from the date the board 39 receives all such materials, whichever is later. 40 (d) After the board has acted favorably upon an application, the appli- 41 cant shall pay a license fee, as hereinafter provided, to the board. 42 1. The license fee shall be paid prior to the issuance of a license. 43 2. The license fee shall be used for the investigation of applicants, for 44 enforcement of this act, and for the administration costs of the board. 45 3. The license fee for resident and nonresident outfitters shall be three 46 hundred dollars ($300); the license fee for a designated agent as defined 47 in section 36-2102(b), Idaho Code, shall be one hundred twenty dollars 48 ($120); and the license fee for resident and nonresident guides shall be 49 ninety-five dollars ($95.00). A penalty fee in the amount of fifty dollars 50 ($50.00) may be charged in addition to the regular outfitter's license fee 51 for any such renewal applicant whose application is not complete byMarch5231the end of the outfitter's license year;in which application for such53license is made;this does not apply to a new applicant for an outfitter's 54 license. A seventy-five dollar ($75.00) fee shall be charged for every 5 1 amendment to an outfitter's license other than an incidental amendment, 2 and a ten dollar ($10.00) fee shall be charged for every incidental amend- 3 ment to an outfitter's license and every amendment to a guide's license. 4 4. A one-time application fee for outfitters not to exceed four hundred 5 dollars ($400), a one-time application fee for designated agents not to 6 exceed fifty dollars ($50.00), and a one-time application fee for guides 7 not to exceed ten dollars ($10.00) shall be established annually by the 8 board and shall be used for application related expenses. The board shall 9 establish by rule a policy to refund unused application fees.
STATEMENT OF PURPOSE
RS 10509Cl
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 NOTE
There is no fiscal impact from this legislation.
CONTACT PERSON
Name: Dean Sangrey, Executive Director
Agency: Outfitters and Guides Licensing Board
Phone: (208) 327-7380
STATEMENT OF PURPOSE/FISCAL NOTE H 45