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HOUSE BILL NO. 39

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Daily Data Tracking History

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H0039...........................................................by MR. SPEAKER
             Requested by: Outfitters and Guides Licensing Board
OUTFITTERS AND GUIDES - Amends existing law to authorize the Outfitters and
Guides Board to commence and prosecute civil enforcement actions before the
board.
                                                                        
01/06    House intro - 1st rdg - to printing
    Rpt prt - to Res/Con

Bill Text

                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 39
                                                                        
                                       BY MR. SPEAKER
                    Requested by: Outfitters and Guides Licensing Board
                                                                        
  1                                        AN ACT
  2    RELATING TO OUTFITTERS AND GUIDES; AMENDING SECTION 36-2117A, IDAHO  CODE,  TO
  3        AUTHORIZE  THE OUTFITTERS AND GUIDES BOARD OR ITS DESIGNATED AGENT TO COM-
  4        MENCE AND PROSECUTE CIVIL ENFORCEMENT ACTIONS BEFORE THE BOARD AND TO MAKE
  5        TECHNICAL CORRECTIONS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 36-2117A, Idaho Code, be, and the same is  hereby
  8    amended to read as follows:
                                                                        
  9        36-2117A.  CIVIL  PENALTY  FOR VIOLATIONS. (a) The board or its designated
 10    agent may commence and prosecute before the board or in district court a civil
 11    enforcement action against any person who is alleged  to  have  violated  this
 12    chapter or any regulation rule promulgated pursuant to this chapter. The board
 13    shall not be required to initiate or prosecute an administrative action before
 14    commencing and prosecuting a civil action.
 15        (b)  No civil proceeding may be brought to recover for a violation of this
 16    chapter  or any regulation rule promulgated pursuant to this chapter more than
 17    two (2) years after the board had knowledge of the violation.
 18        (c)  The civil penalty for violation of the provisions of this chapter  or
 19    any  regulation  rule  promulgated  pursuant to this chapter shall not be less
 20    than one hundred dollars ($100) nor more than five thousand  dollars  ($5,000)
 21    for each separate violation.
 22        (d)  Any  person who is found to have violated any provision of this chap-
 23    ter or any regulation rule promulgated  pursuant  to  this  chapter  shall  be
 24    assessed the board's costs, including the reasonable value of attorney's' ser-
 25    vices, for preparing and litigating the case.
 26        (e)  Fifty  percent (50%) of all moneys collected under this section shall
 27    be deposited with the state treasurer, and the state  treasurer  shall  credit
 28    the same to the Idaho outfitters and guides board account fund, and fifty per-
 29    cent  (50%)  of  the  moneys shall go to the general account fund in the state
 30    operating fund.

Statement of Purpose / Fiscal Impact

                     STATEMENT OF PURPOSE

                             RS 12348

The purpose of this legislation is to permit the Outfitters and
Guides Licensing Board to hear administrative violations of civil
enforcement actions against any person who is alleged to have
violated the Outfitters and Guides Licensing Act or any regulation
promulgated pursuant to the Act.  This change would primarily
address former outfitters or guides who have been charged with a
violation while licensed, then who subsequently let their licenses
expire in order to deny the Board jurisdiction
and therefore avoid discipline before the Board.  Discipline would
be limited to that authorized by Section 36-2113, Idaho Code.




                         FISCAL IMPACT

May result in approximately a maximum of $10,000 in administrative
fines per year, otherwise there is no fiscal impact.

CONTACT
Name:        Jake Howard
Agency:      Outfitters and Guides
Phone:       327-7380

Statement of Purpose/Fiscal Impact                      H 3