2001 Legislation
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HOUSE BILL NO. 45 – Outfitter/Guide licns, misc changes


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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
01/08    House intro - 1st rdg - to printing
    Rpt prt - to Res/Con

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 45
                                       BY MR. SPEAKER
                    Requested by: Outfitters and Guides Licensing Board
  1                                        AN ACT
 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.
  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 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, only furnishes a pack or  saddle  horse,
 14    or  other equipment, to a hunter or a fisherman. when such furnishing is for a
 15    temporary 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  the  iInternal  rRevenue  cCode;
 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  procedure  and  regulations  to
 35    carry  into  effect  the provisions of this act including, but not limited to,
 36    regulations rules prescribing all requisite qualifications of training,  expe-
 37    rience,  knowledge  of rules and regulations of 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
  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.
 45        By  January  15  of  each  year,  each  nonresident licensee, permittee or
 46    tagholder shall provide to the department of fish and game, in  a  manner  and
 47    form provided by the director, the number of each species of big game taken by
 48    that  person  in  each  management unit in the previous calendar year. And, if
 49    such person was accompanied by or had in employ a licensed outfitter, the name
 50    and 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
  1    amended to read as follows:
  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 by  March
 52        31  the end of the outfitter's license year; in which application for such
 53        license 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
  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 / Fiscal Impact

                      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.


Name:     Dean Sangrey, Executive Director
Agency:   Outfitters and Guides Licensing Board
Phone:    (208) 327-7380