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H0038...........................................................by MR. SPEAKER
Requested by: Outfitters and Guides Licensing Board
OUTFITTERS AND GUIDES - Amends existing law to provide that licenses for
outfitters and guides may be issued for multiple years.
01/06 House intro - 1st rdg - to printing
Rpt prt - to Res/Con
02/14 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 65-0-5
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,
Ridinger, Ring, Ringo, Robison, Sali, Sayler, Schaefer(Schaefer),
Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,
Stevenson, Tilman, Trail, Wills, Wood
NAYS -- None
Absent and excused -- Jaquet, Jones, Roberts, Rydalch, Mr. Speaker
Floor Sponsor - Bedke
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to Res/Env
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 33-2-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams,
Noble, Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett,
Sweet, Werk, Williams
NAYS -- Calabretta, Keough
Absent and excused -- None
Floor Sponsor - Cameron
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
03/14 Pres signed
03/17 To Governor
Governor signed
Session Law Chapter 76
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 38 BY MR. SPEAKER Requested by: Outfitters and Guides Licensing Board 1 AN ACT 2 RELATING TO OUTFITTERS AND GUIDES; AMENDING SECTION 36-2109, IDAHO CODE, TO 3 PROVIDE THAT LICENSES MAY BE ISSUED FOR MULTIPLE YEARS. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 36-2109, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 36-2109. FORM AND TERM OF LICENSE -- NOTICE OF DENIAL. (a) Upon concur- 8 rence of a majority, the board, in its discretion may issue a license to any 9 applicant who has filed an application in proper form with the board, includ- 10 ing but not limited to payment of the license fee and furnishing of bond. Said 11 license shall be in the form prescribed by the board, and shall be valid for 12 the licensing yearinor years for which issued from the date issued until the 13 end of the license yearinor years for which it is issued; provided, that no 14 outfitter's or guide's license may be sold, assigned or otherwise transferred 15 either by any holder thereof or by the operation of law except as provided in 16 this chapter. The board may prescribe by rule that limitations or qualifica- 17 tions placed upon an outfitter's or guide's license as provided in this chap- 18 ter shall be indicated on the face of the license or as an attachment to the 19 license which shall be considered a part of the license. 20 (b) A license granted by the board including any attachment thereto shall 21 specify the activities licensed and the exact territorial limits of the 22 outfitter's area of operation and shall specify the species of game to be 23 hunted. In so approving and/or licensing any outfitter's or guide's activity, 24 the board shall consider the following matters, among others: 25 1. The length of time in which the applicant has operated in that area; 26 2. The extent to which the applicant is qualified by reason of experi- 27 ence, equipment or resources to operate in that area; 28 3. The applicant's previous safety record; 29 4. The accessibility of the area, the particular terrain,and the weather 30 conditions normal to that area during the outfitter's or guide's season; 31 5. The total amount of outfitter's area requested by any applicant giving 32 due consideration to the effect which such area license grant would have 33 upon the environment, the amount of game which can be harvested, and the 34 number of persons which can be adequately served in the area. 35 (c) The board shall refuse to issue any license to any applicant for an 36 outfitter's or guide's license who the board finds is not a competent person 37 of good moral character, less than eighteen (18) years of age and does not 38 possess a working knowledge of the game and fishing laws of the state of Idaho 39 and the regulations of the United States forest service. The board shall also 40 refuse to issue an outfitter's license to any applicant who the board finds 41 does not have sufficient financial responsibility to conduct adequately the 42 business of an outfitter. The board shall refuse to issue any license to a 43 firm, partnership, corporation or other organization or any combination 2 1 thereof which fails to have at least one (1) designated agent conducting its 2 outfitting business who meets all of the qualifications and requirements of a 3 licensed outfitter. The board may also refuse to grant an outfitter's or 4 guide's license to any applicant for violation of any of the provisions here- 5 inafter specified in this chapter as grounds for revocation or suspension of 6 an outfitter's or guide's license. If the application is denied, the board 7 shall notify the applicant, in writing, of the reasons for such denial within 8 ten (10) days and if the applicant shall correct, to the satisfaction of the 9 board, such reasons within thirty (30) days of receipt of such notice and if, 10 thereafter, a majority of the board concur, the board may issue a license to 11 the applicant. 12 (d) No license shall be issued by the board until a majority thereof has 13 reported favorably thereon; except, an application for a license identical to 14 a license held during the previous year may be issued on approval by one (1) 15 board member providing there is no adverse information on file regarding the 16 applicant.
STATEMENT OF PURPOSE
RS 12370
The purpose of this legislation is to amend Section 36-2109 to
permit multiple license years. This change has been requested by
the outfitter industry and is the final change required in order to
permit licenses to be issued for multiple years.
FISCAL IMPACT
No fiscal impact.
CONTACT
Name: Jake Howard
Agency: Outfitters and Guides
Phone: 327-7380
Statement of Purpose/Fiscal Impact H 3