2004 Legislation
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HOUSE BILL NO. 521 – Outfitters & Guides, fee shedules

HOUSE BILL NO. 521

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN 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 pay a license, 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 for resident and nonresident outfitters 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 for resident and nonresident guides 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  than  an  incidental  a  minor
 49        amendment,  and a ten dollar ($10.00) fee, which shall increase to thirty-
 50        five dollars ($35.00) beginning January 1,  2005,  shall  be  charged  for
 51        every incidental minor 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.
 55        46.  A  The  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  be
  6        used  for application related expenses the 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 / Fiscal Impact


                     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