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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 - 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.
|||| 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".
|||| 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
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