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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 - 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
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