Print Friendly HOUSE BILL NO. 173 – Outfitters/guides, former licensee
HOUSE BILL NO. 173
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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
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
|||| 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-
24 5. For unethical or unprofessional conduct as defined by rules of the
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
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
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-
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
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
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).
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.
Name: Jake Howard, Idaho Outfitters and Guides Licensing Board
Phone: (208) 327-7380
STATEMENT OF PURPOSE/FISCAL NOTE H 173