Print Friendly SENATE BILL NO. 1372 – Outfitter/Guide Bd, sheriffs, agrmt
SENATE BILL NO. 1372
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S1372..........................................by RESOURCES AND ENVIRONMENT
OUTFITTERS AND GUIDES - Amends existing law to provide that the Outfitters
and Guides Licensing Board shall have the power to enter into cooperative
agreements with county sheriffs to provide aid and assistance; and to
provide all enforcement agents appointed by the Outfitters and Guides
Licensing Board shall have the power of peace officers limited to
responding pursuant to cooperative agreements with county sheriffs.
02/05 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to Res/Env
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 23-10-2
AYES -- Andreason, Boatright, Burtenshaw, Cameron, Deide, Dunklin,
Goedde, Hill, Ingram, Ipsen, Keough, Little, Lodge, Marley, Noh,
Richardson, Risch, Sandy, Schroeder, Sims, Stegner, Stennett, Wheeler
NAYS -- Branch(Bartlett), Darrington, Davis, Frasure, Geddes,
Hawkins, King-Barrutia, Sorensen, Thorne, Williams
Absent and excused -- Brandt, Bunderson
Floor Sponsors - Andreason & Schroeder
Title apvd - to House
02/28 House intro - 1st rdg - to Res/Con
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1372
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 AN ACT
2 RELATING TO THE OUTFITTERS AND GUIDES LICENSING BOARD; AMENDING SECTION
3 36-2107, IDAHO CODE, TO PROVIDE THAT THE OUTFITTERS AND GUIDES LICENSING
4 BOARD SHALL HAVE THE POWER TO ENTER INTO COOPERATIVE AGREEMENTS WITH
5 COUNTY SHERIFFS TO PROVIDE AID AND ASSISTANCE AND TO PROVIDE THAT ALL
6 ENFORCEMENT AGENTS APPOINTED BY THE BOARD SHALL HAVE THE POWER OF PEACE
7 OFFICERS LIMITED TO RESPONDING PURSUANT TO COOPERATIVE AGREEMENTS WITH
8 COUNTY SHERIFFS.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 36-2107, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 36-2107. POWERS AND DUTIES OF BOARD. The board which may by written
13 agreement authorize the bureau of occupational licenses as agent to act in its
14 interest, shall have the following duties and powers:
15 (a) To conduct examinations to ascertain the qualifications of applicants
16 for outfitter's or guide's licenses, and to issue such licenses to qualified
17 applicants, with such restrictions and limitations thereon as the board may
18 find reasonable.
19 (b) To prescribe and establish rules of procedure to carry into effect
20 the provisions of this act including, but not limited to, rules prescribing
21 all requisite qualifications of training, experience, knowledge of rules of
22 governmental bodies, condition and type of gear and equipment, examinations to
23 be given applicants, whether oral, written or demonstrative, or a combination
25 (c) To conduct hearings and proceedings to suspend, revoke or restrict
26 the licenses of outfitters or guides, and to suspend, revoke or restrict said
27 licenses for due cause in the manner hereinafter provided.
28 (d) The board is expressly vested with the power and the authority to
29 enforce the provisions of this chapter and make and enforce any and all rea-
30 sonable rules which shall by it be deemed necessary and which are not in con-
31 flict with the provisions of this chapter, for the express purpose of safe-
32 guarding the health, safety, welfare and freedom from injury or danger of
33 those persons utilizing the services of outfitters and guides, and for the
34 conservation of wildlife and range resources.
35 (e) The board shall have the power to cooperate with the federal and
36 state government through its appropriate agency or instrumentality in matters
37 of mutual concern regarding the business of outfitting and guiding in Idaho.
38 (f) The board shall have the power throughout the state of Idaho to
39 request the attendance of witnesses and the production of such books, records
40 and papers as may be required at any hearing before it, and for that purpose
41 the board may request a district court to issue a subpoena for any witness or
42 a subpoena duces tecum to compel the production of any books, records or
43 papers. Subpoenas shall be directed to the sheriff of any county in the state
1 of Idaho where such witness resides or may be found. Subpoenas shall be served
2 and returned in the same manner as subpoenas in a criminal case. The fees and
3 mileage of the sheriff and witnesses shall be the same as that allowed in dis-
4 trict court criminal cases, which fees and mileage shall be paid from any
5 funds in the state treasury available therefor in the same manner as other
6 expenses of the board are paid. Disobedience of any subpoena issued by the
7 district court or the refusal by any witness in failing to testify concerning
8 any matter regarding which he may lawfully be interrogated, or the failure to
9 produce any books, records or papers shall constitute a contempt of the dis-
10 trict court of any county where such disobedience or refusal occurs, and said
11 court, or any judge thereof, by proceedings for contempt in said court, may,
12 if such contempt be found, punish said witness as in any other case of disobe-
13 dience of a subpoena issued from such court or refusal to testify therein.
14 (g) The board shall have the power to appoint an executive director to
15 serve at the pleasure of the board. The executive director shall carry out
16 such administrative duties as delegated to the director by the board. The
17 board may, in its discretion, refuse, sustain or reverse, by majority vote,
18 any action or decision of the executive director. The executive director shall
19 be exempt from the provisions of chapter 53, title 67, Idaho Code, and shall
20 receive a salary that is fixed by the board.
21 (h) The board shall have the power to hire enforcement agents in order to
22 conduct investigations and enforce the provisions of this chapter. The board
23 shall also have the power to enter into cooperative agreements with county
24 sheriffs to provide aid and assistance. All enforcement agents appointed by
25 the board who are certified by the Idaho peace officer standards and training
26 advisory council, shall have the power of peace officers limited to:
27 1. Enforcement of the provisions of this chapter.
28 2. Responding pursuant to cooperative agreements with county sheriffs and
29 to express requests from other law enforcement agencies for aid and assis-
30 tance in enforcing other laws. For purposes of this section, such a
31 request from a law enforcement agency shall mean only a request as to a
32 particular and singular violation or suspicion of violation of law, and
33 shall not constitute a continuous request for assistance outside the pur-
34 view of enforcement of the provisions of this chapter.
35 (i) By August 1 of each year, the board shall provide to the director of
36 the department of fish and game, in a manner and form prescribed by the direc-
37 tor, the number of each species of big game taken in each management unit by
38 clients of licensed outfitters between July 1 of the immediately preceding
39 calendar year and June 30 of the current calendar year.
40 (j) The board shall by rule designate the number of deer or elk tags
41 allocated pursuant to section 36-408(4), Idaho Code, among the authorized
42 operating areas within the game management area, unit or zone.
STATEMENT OF PURPOSE
The purpose of this legislation is to permit the Idaho
Outfitters and Guides Licensing Board and County Sheriffs to enter
into cooperative agreements to provide mutual aid and assistance.
They currently have the authority to respond to express requests
from law enforcement agencies on a case-by-case basis for a
particular and singular violation but do not have the authority
to enter into cooperative agreements to provide mutual aid and
There is no fiscal impact from this legislation.
Contact person: Dean Sangrey, Executive Director
Outfitters and Guides Licensing Board
STATEMENT OF PURPOSE/FISCAL S 1372