2003 Legislation
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HOUSE BILL NO. 38 – Outfitters/guides, licenses, time


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Daily Data Tracking History

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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 38
                                       BY MR. SPEAKER
                    Requested by: Outfitters and Guides Licensing Board
  1                                        AN ACT
  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 year in or years for which issued from the date issued until the
 13    end of the license year in or 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
  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 / Fiscal Impact

                     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.

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

Statement of Purpose/Fiscal Impact                      H 3