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H0521.........................................by RESOURCES AND CONSERVATION OUTFITTERS AND GUIDES - Amends existing law to revise provisions and schedules relating to license, penalty, amendment and application fees for outfitters, certain designated agents and guides. 01/22 House intro - 1st rdg - to printing 01/23 Rpt prt - to Res/Con 02/06 Rpt out - rec d/p - to 2nd rdg 02/09 2nd rdg - to 3rd rdg 02/13 3rd rdg - PASSED - 50-15-5 AYES -- Andersen, Barraclough, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Langhorst, Martinez, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills NAYS -- Barrett, Bauer, Bayer, Crow, Eberle, Harwood, Langford, McGeachin, McKague, Meyer, Roberts, Rydalch, Schaefer, Wood, Mr. Speaker Absent and excused -- Clark, Kulczyk, Lake, Sali, Smith(24) Floor Sponsors - Campbell & Jones Title apvd - to Senate 02/16 Senate intro - 1st rdg - to Res/Env 02/23 Rpt out - rec d/p - to 2nd rdg 02/24 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 30-2-3 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk NAYS -- Pearce, Richardson Absent and excused -- Ingram, Noh, Williams Floor Sponsor - Cameron Title apvd - to House 03/17 To enrol 03/18 Rpt enrol - Sp signed 03/19 Pres signed - To Governor 03/23 Governor signed Session Law Chapter 158 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 521 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO OUTFITTERS AND GUIDES; AMENDING SECTION 36-2108, IDAHO CODE, TO 3 REVISE PROVISIONS AND FEE SCHEDULES RELATING TO LICENSE, PENALTY, AMEND- 4 MENT AND APPLICATION FEES FOR OUTFITTERS, CERTAIN DESIGNATED AGENTS, AND 5 GUIDES AND TO STRIKE UNNECESSARY VERBIAGE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 36-2108, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 36-2108. APPLICATION FOR LICENSE -- CONTENTS -- FEE -- QUALIFICATIONS -- 10 TERM -- BOND. (a) Each applicant for an outfitter's or guide's license shall 11 make application for such license upon a form to be prescribed and furnished 12 by the board. 13 1. All applications for an outfitter's license shall be signed by the 14 applicant, under oath or affirmation that all information supplied by him 15 in the application form is true and correct as he verily believes and 16 shall be duly notarized. Such applications shall include, but are not lim- 17 ited to, a worded description of the boundaries of the operating area in 18 which such activity will be conducted. 19 2. All applications for a guide's license shall be signed by the appli- 20 cant. Such application shall contain the written endorsement of the 21 outfitter(s) by whom the applicant will be employed. 22 (b) Applications shall be made to and filed with the board and, unless 23 arrangements have been made otherwise with the board, accompanied by proof of 24 eligibility for a bond payable to the person or persons employing the licensee 25 and in a form approved by the board in the sum of ten thousand dollars 26 ($10,000) for outfitters, to be executed by a qualified surety, duly autho- 27 rized to do business in this state, conditioned that for the current license 28 year said applicant, his agents and employees, if said license is issued to 29 him, shall conduct his business as an outfitter without fraud or fraudulent 30 representation, and will faithfully perform his contracts with and duties to 31 his patrons; said bond shall be filed with the board before issuance of the 32 license as provided herein. 33 (c) The board, in its discretion, may make such additional investigation 34 and inquiry relative to the applicant and his qualifications as it shall deem 35 advisable, provided that final decision by the board upon an application sub- 36 mitted by an applicant who has held during the preceding license year a 37 license of the same kind for which application is made, and upon an applica- 38 tion submitted by an applicant not holding during the preceding license year a 39 license of the same kind or embracing the same activity(ies) or area for which 40 application is made, shall be made not later than the end of the license year 41 in which the board receives all materials required to be submitted in order to 42 complete a license application or ninety (90) days from the date the board 43 receives all such materials, whichever is later. 2 1 (d)After the board has acted favorably upon an application, tThe appli- 2 cant shall payalicense,fee,penalty, amendment and application fees to the 3 board as hereinafter provided, to the board.: 4 1. The license fee shall be paid prior to the issuance of a license. 5 2. The license fee shall be used for the investigation of applicants, for 6 enforcement of this chapter, and for the administration costs of the 7 board. 8 3. The license fee forresident and nonresidentoutfitters for the 2005 9 license year shall be three hundred dollars ($300) for online licensing 10 and three hundred fifty dollars ($350) for offline licensing; for the 2006 11 license year it shall be three hundred twenty-five dollars ($325) for 12 online licensing and three hundred seventy-five dollars ($375) for offline 13 licensing; for the 2007 license year it shall be three hundred fifty dol- 14 lars ($350) for online licensing and four hundred dollars ($400) for off- 15 line licensing; for the 2008 license year it shall be three hundred seven- 16 ty-five dollars ($375) for online licensing and four hundred twenty-five 17 dollars ($425) for offline licensing; for the 2009 license year, and for 18 each year thereafter, it shall be four hundred dollars ($400) for online 19 licensing and four hundred fifty dollars ($450) for offline licensing; the 20 license fee for a designated agent as defined in section 36-2102(b), Idaho 21 Code, for the 2005 license year shall be one hundred twenty dollars ($120) 22 for online licensing and one hundred forty dollars ($140) for offline 23 licensing; for the 2006 license year it shall be one hundred twenty-five 24 dollars ($125) for online licensing and one hundred fifty dollars ($150) 25 for offline licensing; for the 2007 license year it shall be one hundred 26 thirty dollars ($130) for online licensing and one hundred sixty dollars 27 ($160) for offline licensing; for the 2008 license year, and for each year 28 thereafter, it shall be one hundred forty dollars ($140) for online 29 licensing and one hundred sixty dollars ($160) for offline licensing; and 30 the license fee forresident and nonresidentguides for the 2005 license 31 year shall be ninety-five dollars ($95.00) for online licensing and one 32 hundred five dollars ($105) for offline licensing; for the 2006 license 33 year it shall be ninety-five dollars ($95.00) for online licensing and one 34 hundred ten dollars ($110) for offline licensing; for the 2007 license 35 year it shall be one hundred dollars ($100) for online licensing and one 36 hundred fifteen dollars ($115) for offline licensing; for the 2008 license 37 year, and for each year thereafter, it shall be one hundred five dollars 38 ($105) for online licensing and one hundred fifteen dollars ($115) for 39 offline licensing. 40 4. A penalty fee in the amount of fifty dollars ($50.00), which shall 41 increase to one hundred fifty dollars ($150) beginning January 1, 2005, 42 may be charged in addition to the regular outfitter's license fee for any 43 such renewal applicant whose application is not complete by the end of the 44 outfitter's license year; this does not apply to a new applicant for an 45 outfitter's license. 46 5. A seventy-five dollar ($75.00) fee, which shall increase to two hun- 47 dred dollars ($200) beginning January 1, 2005, shall be charged for every 48 amendment to an outfitter's license other thanan incidentala minor 49 amendment,anda ten dollar ($10.00) fee, which shall increase to thirty- 50 five dollars ($35.00) beginning January 1, 2005, shall be charged for 51 everyincidentalminor amendment to an outfitter's license, and a ten dol- 52 lar ($10.00) fee, which shall increase to twenty dollars ($20.00) begin- 53 ning January 1, 2005, shall be charged for every amendment to the license 54 of a designated agent or guide's license. 5546.AThe following fees shall be established annually by the board and 3 1 shall be used for application related expenses: a one-time application fee 2 for outfitters not to exceed four hundred dollars ($400),; a one-time 3 application fee for designated agents not to exceed fifty dollars 4 ($50.00),; and a one-time application fee for guides not to exceed ten 5 dollars ($10.00),shall be established annually by the board and shall be6used for application related expensesthe maximum of which shall increase 7 to twenty dollars ($20.00) beginning January 1, 2005. The board shall 8 establish by rule a policy to refund unused application fees and shall 9 establish by rule fees for expedited, exceptional, resubmittal or emer- 10 gency processing of license applications, a fee credit for electronic fil- 11 ing of applications and a fee for the use of credit cards corresponding to 12 the cost to the agency of processing the card use.
STATEMENT OF PURPOSE RS 13478C1 The purpose of this legislation is to delete obsolete language in the Outfitters and Guides Licensing Act relating to when an applicant for an outfitters or guides license must pay the application fee and obsolete language relating to the residency of an outfitter or guide. Board Rules and the current practice is to require that the application fee accompany the application. The Board does not differentiate between resident and non-resident outfitters or guides. This legislation increases the license fee for outfitters so that for the 2005 license year shall be $300 for online licensing and $350 for offline licensing; for the 2006 license year, $325 for online licensing and $375 for offline licensing; for the 2007 license year it shall be $350 for online licensing and $400 for offline licensing; for the 2008 license year it shall be $375 for online licensing and $425 for offline licensing; for the 2009 license year it shall be $400 for online licensing and $450 for offline licensing; the license fee for a designated agent for the 2005 license year shall be shall be $120 for online licensing and $140 for offline licensing; for the 2006 license year it shall be $125 for online licensing and $150 for offline licensing; for the 2007 license year it shall be $130 for online licensing and $160 for offline licensing; for the 2008 license year it shall be $140 for online licensing and $160 for offline licensing; and for the 2005 license year the license fee for guides shall be shall be $95 for online licensing and $105 for offline licensing; for the 2006 license year it shall be $95 for online licensing and $110 for offline licensing; for the 2007 license year it shall be $100 for online licensing and $115 for offline licensing; and for the 2008 license year it shall be $105 for online licensing and $115 for offline licensing. Beginning January 1, 2005, a penalty fee in the amount of $150 may be charged in addition to the regular outfitter's license fee for any such renewal applicant whose application is not complete by the end of the outfitter's license year; beginning January 1, 2005, a $200 fee shall be charged for every amendment to an outfitter's license other than a minor amendment, and a $35.00 fee shall be charged for every minor amendment to an outfitter's license and a $20.00 fee shall be charged for every amendment to a designated agent and a guide's license. Beginning January 1, 2005, the one-time application fee for guides shall be $20.00. FISCAL IMPACT There is no impact to the General Fund by these changes. The increase in these fees will result in an increase in dedicated fund revenue to the Board of approximately $62,505 from FY 2004 to FY 2005, to approximately $6,240 from FY 2008 to FY 2009. The agency's total revenue will increase from approximately $405,295 in FY 2004 to $519,000 per year by FY 2009. This will stop the depletion of the agency free fund balance which at the present rate of $25,000 to $50,000 per year will be completely depleted by the end of 2006. CONTACT Name: Jake Howard Agency: Outfitters and Guides Phone: 327-7380 Statement of Purpose/Fiscal Impact H 521