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H0037...........................................................by MR. SPEAKER
Requested by: Outfitters and Guides Licensing Board
OUTFITTERS AND GUIDES BOARD - Amends existing law to authorize the Outfitters
and Guides Licensing Board to obtain injunctive relief for violations and to
issue subpoenas.
01/06 House intro - 1st rdg - to printing
Rpt prt - to Res/Con
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 37 BY MR. SPEAKER Requested by: Outfitters and Guides Licensing Board 1 AN ACT 2 RELATING TO OUTFITTERS AND GUIDES; AMENDING SECTION 36-2107, IDAHO CODE, TO 3 AUTHORIZE THE BOARD TO OBTAIN INJUNCTIVE RELIEF FOR VIOLATIONS AND TO 4 ISSUE SUBPOENAS, TO REMOVE LANGUAGE PROVIDING THAT SUBPOENAS SHALL BE 5 DIRECTED TO SHERIFFS AND SERVED AND RETURNED AS SUBPOENAS ARE IN CRIMINAL 6 CASES, TO REMOVE LANGUAGE PROVIDING FOR FEES AND MILEAGE FOR SHERIFFS, TO 7 REMOVE LANGUAGE REFERENCING SUBPOENAS ISSUED BY A DISTRICT COURT AND TO 8 PROVIDE CORRECT TERMINOLOGY; AND AMENDING SECTION 36-2117A, IDAHO CODE, TO 9 PROVIDE FOR INJUNCTIVE RELIEF AGAINST VIOLATORS AND TO PROVIDE CORRECT 10 TERMINOLOGY. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 36-2107, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 36-2107. POWERS AND DUTIES OF BOARD. The board which may by written 15 agreement authorize the bureau of occupational licenses as agent to act in its 16 interest, shall have the following duties and powers: 17 (a) To conduct examinations to ascertain the qualifications of applicants 18 for outfitter's or guide's licenses, and to issue such licenses to qualified 19 applicants, with such restrictions and limitations thereon as the board may 20 find reasonable. 21 (b) To prescribe and establish rules of procedure to carry into effect 22 the provisions of thisactchapter including, but not limited to, rules pre- 23 scribing all requisite qualifications of training, experience, knowledge of 24 rules of governmental bodies, condition and type of gear and equipment, exami- 25 nations to be given applicants, whether oral, written or demonstrative, or a 26 combination thereof. 27 (c) To conduct hearings and proceedings to suspend, revoke or restrict 28 the licenses of outfitters or guides, and to suspend, revoke or restrict said 29 licenses for due cause in the manner hereinafter provided. 30 (d) The board is expressly vested with the power and the authority to 31 enforce the provisions of this chapter including obtaining injunctive relief 32 and to make and enforce any and all reasonable rules which shall by it be 33 deemed necessary and which are not in conflict with the provisions of this 34 chapter, for the express purpose of safeguarding the health, safety, welfare 35 and freedom from injury or danger of those persons utilizing the services of 36 outfitters and guides, and for the conservation of wildlife and range 37 resources. 38 (e) The board shall have the power to cooperate with the federal and 39 state government through its appropriate agency or instrumentality in matters 40 of mutual concern regarding the business of outfitting and guiding in Idaho. 41 (f) The board shall have the power throughout the state of Idaho to 42 request the attendance of witnesses and the production of such books, records 43 and papers as may be required at any hearing before it, and for that purpose 2 1 the board mayrequest a district court toissue a subpoena for any witness or 2 a subpoena duces tecum to compel the production of any books, records or 3 papers.Subpoenas shall be directed to the sheriff of any county in the state4of Idaho where such witness resides or may be found. Subpoenas shall be served5and returned in the same manner as subpoenas in a criminal case.The fees and 6 mileage ofthe sheriff andwitnesses shall be the same as that allowed in dis- 7 trict court criminal cases, which fees and mileage shall be paid from any 8 funds in the state treasury available therefor in the same manner as other 9 expenses of the board are paid. Disobedience of any subpoenaissued by the10district courtor the refusal by any witness in failing to testify concerning 11 any matter regarding which he may lawfully be interrogated, or the failure to 12 produce any books, records or papers shall constitute a contempt of the dis- 13 trict court of any county where such disobedience or refusal occurs, and said 14 court, or any judge thereof, by proceedings for contempt in said court, may, 15 if such contempt be found, punish said witness as in anyothercase of disobe- 16 dience of a subpoena issued from such court or refusal to testify therein. 17 (g) The board shall have the power to appoint an executive director to 18 serve at the pleasure of the board. The executive director shall carry out 19 such administrative duties as delegated to the director by the board. The 20 board may, in its discretion, refuse, sustain or reverse, by majority vote, 21 any action or decision of the executive director. The executive director shall 22 be exempt from the provisions of chapter 53, title 67, Idaho Code, and shall 23 receive a salary that is fixed by the board. 24 (h) The board shall have the power to hire enforcement agents in order to 25 conduct investigations and enforce the provisions of this chapter. All 26 enforcement agents appointed by the board who are certified by the Idaho peace 27 officer standards and training advisory council, shall have the power of peace 28 officers limited to: 29 1. Enforcement of the provisions of this chapter. 30 2. Responding to express requests from other law enforcement agencies for 31 aid and assistance in enforcing other laws. For purposes of this section, 32 such a request from a law enforcement agency shall mean only a request as 33 to a particular and singular violation or suspicion of violation of law, 34 and shall not constitute a continuous request for assistance outside the 35 purview of enforcement of the provisions of this chapter. 36 (i) By August 1 of each year, the board shall provide to the director of 37 the department of fish and game, in a manner and form prescribed by the direc- 38 tor, the number of each species of big game taken in each management unit by 39 clients of licensed outfitters between July 1 of the immediately preceding 40 calendar year and June 30 of the current calendar year. 41 (j) The board shall by rule designate the number of deer or elk tags 42 allocated pursuant to section 36-408(4), Idaho Code, among the authorized 43 operating areas within the game management area, unit or zone. 44 SECTION 2. That Section 36-2117A, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 36-2117A. CIVIL PENALTY FOR VIOLATIONS. (a) The board or its designated 47 agent may commence and prosecute in district court a civil enforcement action, 48 including obtaining injunctive relief, against any person who is alleged to 49 have violated this chapter or anyregulationrule promulgated pursuant to this 50 chapter. The board shall not be required to initiate or prosecute an adminis- 51 trative action before commencing and prosecuting a civil action. 52 (b) No civil proceeding may be brought to recover for a violation of this 53 chapter or anyregulationrule promulgated pursuant to this chapter more than 3 1 two (2) years after the board had knowledge of the violation. 2 (c) The civil penalty for violation of the provisions of this chapter or 3 anyregulationrule promulgated pursuant to this chapter shall not be less 4 than one hundred dollars ($100) nor more than five thousand dollars ($5,000) 5 for each separate violation. 6 (d) Any person who is found to have violated any provision of this chap- 7 ter or anyregulationrule promulgated pursuant to this chapter shall be 8 assessed the board's costs, including the reasonable value of attorneys' ser- 9 vices, for preparing and litigating the case. 10 (e) Fifty percent (50%) of all moneys collected under this section shall 11 be deposited with the state treasurer, and the state treasurer shall credit 12 the same to the Idaho outfitters and guides board account, and fifty percent 13 (50%) of the moneys shall go to the general account in the state operating 14 fund.
STATEMENT OF PURPOSE
RS 12371
The purpose of this legislation is to authorize the Outfitters and
Guides Licensing Board to obtain injunctive relief from the
District Court for violations of the Outfitters and Guides
Licensing Act, contained in Chapter 21, Title 36, Idaho Code. This
legislation clarifies that the Board may go directly to District
Court to obtain injunctive relief in order to obtain an injunction
against persons who are unlawfully outfitting or guiding. This
legislation also to permits attorneys for the Outfitters and Guides
Licensing Board to issue subpoenas pursuant to Idaho Rule of Civil
Rule Procedure 45(a). Attorneys have been authorized under this
Rule to issue subpoenas since 1995. This legislation brings
Section 36-2107 (f) into conformity with Rule 45(a).
FISCAL IMPACT
No fiscal impact.
CONTACT
Name: Jake Howard
Agency: Outfitters and Guides
Phone: 327-7380
Statement of Purpose/Fiscal Impact H 3