2003 Legislation
Print Friendly

HOUSE BILL NO. 173 – Outfitters/guides, former licensee

HOUSE BILL NO. 173

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0173............................................by RESOURCES AND CONSERVATION
OUTFITTERS AND GUIDES - Amends existing law to provide regulatory jurisdiction
to the Outfitters and Guides Board over former licensees for violations which
occurred during the period of licensure; and to authorize administrative
action.
                                                                        
02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to Res/Con
02/14    Rpt out - to Gen Ord
02/19    Ret'd 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. 173
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO REGULATION OF OUTFITTERS AND  GUIDES;  AMENDING  SECTION  36-2113,
  3        IDAHO  CODE,  TO PROVIDE REGULATORY JURISDICTION OVER FORMER LICENSEES FOR
  4        VIOLATIONS WHICH OCCURRED DURING THE PERIOD  OF  LICENSURE;  AND  AMENDING
  5        SECTION  36-2117A, IDAHO CODE, TO AUTHORIZE ADMINISTRATIVE ACTION, TO PRO-
  6        VIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 36-2113, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        36-2113.  REVOCATION  OR  SUSPENSION  OF  LICENSE  --  GROUNDS.  (a) Every
 11    license shall, by virtue of this chapter, be subject  to  suspension,  revoca-
 12    tion, probation or other restriction by the board for the commission of any of
 13    the following acts:
 14        1.  For  supplying false information or for failure to provide information
 15        required to be furnished by the license application  form  for  a  license
 16        currently  valid  or  for  other fraud or deception in procuring a license
 17        under the provisions of this chapter.
 18        2.  For fraudulent, untruthful or misleading advertising.
 19        3.  For conviction of a felony.
 20        4.  For two (2) or more forfeitures of any deposits of money or collateral
 21        with a court or administrative agency or for a conviction for violation of
 22        regulations of the United States forest service or the bureau of land man-
 23        agement.
 24        5.  For unethical or unprofessional conduct as defined  by  rules  of  the
 25        board.
 26        6.  For  conviction of any violation of any state or federal fish and game
 27        or outfitting and guiding laws.
 28        7.  For a substantial breach of any contract with any person utilizing his
 29        services.
 30        8.  For willfully (i) operating in any area for which the licensee is  not
 31        licensed,  or  (ii) engaging in any activity for which the licensee is not
 32        licensed.
 33        9.  For the employment of an unlicensed guide by an outfitter.
 34        10. For inhumane treatment of any animal used by the licensed outfitter or
 35        guide in the conduct of his business which endangers the health or  safety
 36        of  any  guest or patron or which interferes with the conduct of his busi-
 37        ness.
 38        11. For failure by any firm, partnership, corporation or  other  organiza-
 39        tion  or any combination thereof licensed as an outfitter to have at least
 40        one (1) licensed outfitter as designated agent conducting  its  outfitting
 41        business  who  meets  all  of  the  qualifications  and  requirements of a
 42        licensed outfitter.
 43        12. For the failure to provide any animal used by the  licensed  outfitter
                                                                        
                                           2
                                                                        
  1        or  guide  in  the  conduct  of  his  business with proper food, drink and
  2        shelter, or for the subjection of any such animal  to  needless  abuse  or
  3        cruel and inhumane treatment.
  4        13. For  failure of an outfitter to serve the public in any of the follow-
  5        ing ways: (i) by nonuse of license privileges as defined by rules  of  the
  6        board,  (ii) by limiting services to any individual, group, corporation or
  7        club that limits its services to a membership, or (iii)  by  not  offering
  8        services to the general public.
  9        14. For  violation  of  or  noncompliance with any applicable provision of
 10        this act, or for violation of any lawful rule or order  of  the  outfitter
 11        and guide board.
 12        (b)  For  the purposes of this section, the term "conviction" shall mean a
 13    finding of guilt, an entry of a guilty plea by a defendant and its  acceptance
 14    by the court, or a forfeiture of bail bond or collateral deposited to secure a
 15    defendant's appearance, suspended sentence, probation or withheld judgment.
 16        (c)  In  addition  to the penalties imposed in this section, the board may
 17    impose an administrative fine not to exceed five thousand dollars ($5,000), or
 18    the administrative costs of bringing the action before  the  board  including,
 19    but not limited to, attorney's fees and costs of hearing transcripts, for each
 20    violation of the provisions of this chapter.
 21        (d)  The  jurisdiction and authority of the board pursuant to this section
 22    and section 36-2114, Idaho Code, extends to any former licensee for  a  viola-
 23    tion of this section which occurred during the period of licensure.
                                                                        
 24        SECTION  2.  That Section 36-2117A, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        36-2117A.  ADMINISTRATIVE AND CIVIL PENALTY FOR VIOLATIONS. (a) The  board
 27    or  its designated agent may commence and prosecute before the board an admin-
 28    istrative action or in district court a civil enforcement action  against  any
 29    person  who  is  alleged  to have violated this chapter or any regulation rule
 30    promulgated pursuant to this chapter. The board shall not be required to  ini-
 31    tiate  or prosecute an administrative action before commencing and prosecuting
 32    a civil action.
 33        (b)  No civil proceeding may be brought to recover for a violation of this
 34    chapter or any regulation rule promulgated pursuant to this chapter more  than
 35    two (2) years after the board had knowledge of the violation.
 36        (c)  The  administrative  or civil penalty for violation of the provisions
 37    of this chapter or any regulation rule promulgated pursuant  to  this  chapter
 38    shall  not  be  less than one hundred dollars ($100) nor more than exceed five
 39    thousand dollars ($5,000) for each separate violation.
 40        (d)  Any person who is found to have violated any provision of this  chap-
 41    ter  or  any  regulation  rule  promulgated  pursuant to this chapter shall be
 42    assessed the board's costs, including the reasonable value of attorney's' ser-
 43    vices, for preparing and litigating the case.
 44        (e)  Fifty percent (50%) of all moneys collected under this section  shall
 45    be  deposited  with  the state treasurer, and the state treasurer shall credit
 46    the same to the Idaho outfitters and guides board account fund, and fifty per-
 47    cent (50%) of the moneys shall go to the general account  fund  in  the  state
 48    operating fund.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 12707
This legislation addresses two issues facing the Idaho Outfitter
and Guide industry and Licensing Board concerning unlicenced
outfitters and guides.  It clarifies the administrative
authorization of the Licensing Board with administrative
authority to resolve complaints involving activities of
unlicenced outfitters and guides.  This legislation is supported
by the Idaho Outfitter and Guides Association (IOGA).
                          FISCAL IMPACT
There will be a fiscal impact to the Licensing Board for the
costs incurred, pursuing actions against unlicenced outfitters
and guides.  The Board has the authority to recover costs if it
is successful in those actions.


Contact
Name: Jake Howard, Idaho Outfitters and Guides Licensing Board 
Phone: (208) 327-7380




STATEMENT OF PURPOSE/FISCAL NOTE                     H 173