2003 Legislation
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HOUSE BILL NO. 40 – Outfitter/guide, application, reply

HOUSE BILL NO. 40

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Daily Data Tracking History



H0040...........................................................by MR. SPEAKER
             Requested by: Outfitters and Guides Licensing Board
OUTFITTERS AND GUIDES - Amends existing law to revise the time by which the
Idaho Outfitters and Guides Licensing Board must act on an application.
                                                                        
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 - 64-0-6
      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
      NAYS -- None
      Absent and excused -- Jaquet, Jones, Roberts, Rydalch, Wood, Mr. Speaker
    Floor Sponsor - Langhorst
    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 - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
      Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Stennett
    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 77
         Effective: 07/01/03

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 40
                                                                        
                                       BY MR. SPEAKER
                    Requested by: Outfitters and Guides Licensing Board
                                                                        
  1                                        AN ACT
  2    RELATING TO OUTFITTERS AND GUIDES; AMENDING SECTION 36-2108,  IDAHO  CODE,  TO
  3        REVISE  THE TIME BY WHICH THE BOARD MUST ACT ON AN APPLICATION AND TO PRO-
  4        VIDE CORRECT TERMINOLOGY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 36-2108, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        36-2108.  APPLICATION  FOR LICENSE -- CONTENTS -- FEE -- QUALIFICATIONS --
  9    TERM -- BOND. (a) Each applicant for an outfitter's or guide's  license  shall
 10    make  application  for such license upon a form to be prescribed and furnished
 11    by the board.
 12        1.  All applications for an outfitter's license shall  be  signed  by  the
 13        applicant,  under oath or affirmation that all information supplied by him
 14        in the application form is true and correct  as  he  verily  believes  and
 15        shall be duly notarized. Such applications shall include, but are not lim-
 16        ited  to,  a worded description of the boundaries of the operating area in
 17        which such activity will be conducted.
 18        2.  All applications for a guide's license shall be signed by  the  appli-
 19        cant.  Such  application  shall  contain  the  written  endorsement of the
 20        outfitter(s) by whom the applicant will be employed.
 21        (b)  Applications shall be made to and filed with the  board  and,  unless
 22    arrangements  have been made otherwise with the board, accompanied by proof of
 23    eligibility for a bond payable to the person or persons employing the licensee
 24    and in a form approved by the  board  in  the  sum  of  ten  thousand  dollars
 25    ($10,000)  for  outfitters,  to be executed by a qualified surety, duly autho-
 26    rized to do business in this state, conditioned that for the  current  license
 27    year  said  applicant,  his agents and employees, if said license is issued to
 28    him, shall conduct his business as an outfitter without  fraud  or  fraudulent
 29    representation,  and  will faithfully perform his contracts with and duties to
 30    his patrons; said bond shall be filed with the board before  issuance  of  the
 31    license as provided herein.
 32        (c)  The  board, in its discretion, may make such additional investigation
 33    and inquiry relative to the applicant and his qualifications as it shall  deem
 34    advisable,  provided that final decision by the board upon an application sub-
 35    mitted by an applicant who has  held  during  the  preceding  license  year  a
 36    license  of  the  same  kind for which application is made, shall not be later
 37    than March 31 of the year in which the board receives all  materials  required
 38    to be submitted in order to complete a license application or thirty (30) days
 39    from  the  date the board receives all such materials, whichever is later; and
 40    upon an application submitted by an applicant not holding during the preceding
 41    license year a license of the same kind or embracing the same activity(ies) or
 42    area for which application is made, shall be made not later than March 31  the
 43    end  of the license year in which the board receives all materials required to
                                                                        
                                           2
                                                                        
  1    be submitted in order to complete a license application or  ninety  (90)  days
  2    from the date the board receives all such materials, whichever is later.
  3        (d)  After  the  board has acted favorably upon an application, the appli-
  4    cant shall pay a license fee, as hereinafter provided, to the board.
  5        1.  The license fee shall be paid prior to the issuance of a license.
  6        2.  The license fee shall be used for the investigation of applicants, for
  7        enforcement of this act chapter, and for the administration costs  of  the
  8        board.
  9        3.  The license fee for resident and nonresident outfitters shall be three
 10        hundred  dollars ($300); the license fee for a designated agent as defined
 11        in section 36-2102(b), Idaho Code, shall be  one  hundred  twenty  dollars
 12        ($120);  and  the license fee for resident and nonresident guides shall be
 13        ninety-five dollars ($95.00). A penalty fee in the amount of fifty dollars
 14        ($50.00) may be charged in addition to the regular outfitter's license fee
 15        for any such renewal applicant whose application is not  complete  by  the
 16        end  of  the outfitter's license year; this does not apply to a new appli-
 17        cant for an outfitter's license. A seventy-five dollar ($75.00) fee  shall
 18        be  charged  for  every  amendment to an outfitter's license other than an
 19        incidental amendment, and a ten dollar ($10.00) fee shall be  charged  for
 20        every  incidental  amendment to an outfitter's license and every amendment
 21        to a guide's license.
 22        4.  A one-time application fee for outfitters not to exceed  four  hundred
 23        dollars  ($400),  a  one-time application fee for designated agents not to
 24        exceed fifty dollars ($50.00), and a one-time application fee  for  guides
 25        not  to  exceed  ten dollars ($10.00) shall be established annually by the
 26        board and shall be used for application related expenses.  The board shall
 27        establish by rule a policy to refund unused application fees.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                             RS 12375

The purpose of this legislation is to amend Section 36-2108(c) to
change the end of the outfitter license year from March 31 to an
annual date.  Several other amendments to the Code have already
been made to permit this change and this is the final one required
to permit the change in dates.








                         FISCAL IMPACT

No fiscal impact.







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

Statement of Purpose/Fiscal Impact                      H 4