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H0473.........................................by RESOURCES AND CONSERVATION
OUTFITTERS AND GUIDES - Amends existing law relating to outfitters and
guides to provide that knowingly paying consideration or compensation to
persons not duly licensed for services requiring an outfitting or guiding
license shall constitute a misdemeanor; to revise provisions relating to
subpoenas and subpoenas duces tecum; and to revise and provide for penalty
provisions, reimbursement of costs and suspension of licenses to hunt and
fish.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Res/Con
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 53-8-9
AYES -- Anderson, Barrett, Bayer, Bell, Bilbao, Black, Block, Boe,
Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Eskridge, Hagedorn, Hart, Henderson, Jaquet, Killen,
King, Labrador, LeFavour, Luker, Mathews, Mortimer, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Ringo, Roberts, Ruchti, Rusche, Sayler,
Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively,
Smith(30)(Stanek), Thayn, Thomas, Trail, Vander Woude, Wills,
Wood(35), Mr. Speaker
NAYS -- Bock, Harwood, Henbest, Lake, Loertscher, Marriott,
McGeachin, Patrick
Absent and excused -- Andrus, Bedke, Durst, Kren, Raybould,
Smith(24), Snodgrass, Stevenson, Wood(27)
Floor Sponsor - Wood(35)
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Res/Env
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- McKenzie
Floor Sponsors - Little & Andreason
Title apvd - to House
03/11 To enrol - Rpt enrol - Sp signed
03/12 Pres signed - To Governor
03/14 Governor signed
Session Law Chapter 112
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 473 BY RESOURCES AND CONSERVATION COMMITTEE 1 AN ACT 2 RELATING TO OUTFITTERS AND GUIDES; AMENDING SECTION 36-2104, IDAHO CODE, TO 3 PROVIDE THAT KNOWINGLY PROVIDING CONSIDERATION OR COMPENSATION TO PERSONS 4 NOT DULY LICENSED FOR SERVICES REQUIRING AN OUTFITTING OR GUIDING LICENSE 5 SHALL CONSTITUTE A MISDEMEANOR AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 6 SECTION 36-2107, IDAHO CODE, TO REVISE PROVISIONS RELATING TO SUBPOENAS 7 AND SUBPOENAS DUCES TECUM AND TO PROVIDE FOR THE PAYMENT OF CERTAIN FEES 8 AND MILEAGE; AND AMENDING SECTION 36-2117, IDAHO CODE, TO REVISE AND PRO- 9 VIDE FOR PENALTY PROVISIONS, TO PROVIDE FOR REIMBURSEMENT OF CERTAIN 10 COSTS, TO PROVIDE FOR SUSPENSION OF LICENSES TO HUNT AND FISH AND TO MAKE 11 TECHNICAL CORRECTIONS. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 36-2104, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 36-2104. LICENSE A PREREQUISITE FOR OUTFITTING AND GUIDING. (a1) It is a 16 misdemeanor for any person to engage in the business of or act in the capacity 17 of an outfitter or outfitting, or in the occupation of guiding, unless such 18 person has first secured an outfitter's or guide's license in accordance with 19 the provisions of thisactchapter, or for any person to knowingly and will- 20 ingly conspire to violate the provisions of this chapter. 21 (b2) It is a misdemeanor for any person to provide consideration or com- 22 pensation for services requiring an outfitting or guiding license to another 23 person, when such person providing consideration or compensation knows the 24 person providing such services is not duly licensed as an outfitter or guide 25 in accordance with the provisions of this chapter. 26 (3) Any person who shall violate the provisions of this chapter shall be 27 guilty of a misdemeanor, and upon conviction thereof, such person shall be 28 punished as provided in section 36-2117, Idaho Code. 29 SECTION 2. That Section 36-2107, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 36-2107. POWERS AND DUTIES OF BOARD. The board which may by written 32 agreement authorize the bureau of occupational licenses as agent to act in its 33 interest, shall have the following duties and powers: 34 (a) To conduct examinations to ascertain the qualifications of applicants 35 for outfitter's or guide's licenses, and to issue such licenses to qualified 36 applicants, with such restrictions and limitations thereon as the board may 37 find reasonable. 38 (b) To prescribe and establish rules of procedure to carry into effect 39 the provisions of this chapter including, but not limited to, rules prescrib- 40 ing all requisite qualifications of training, experience, knowledge of rules 41 of governmental bodies, condition and type of gear and equipment, examinations 2 1 to be given applicants, whether oral, written or demonstrative, or a combina- 2 tion thereof. 3 (c) To conduct hearings and proceedings to suspend, revoke or restrict 4 the licenses of outfitters or guides, and to suspend, revoke or restrict said 5 licenses for due cause in the manner hereinafter provided. 6 (d) The board is expressly vested with the power and the authority to 7 enforce the provisions of this chapter including obtaining injunctive relief 8 and to make and enforce any and all reasonable rules which shall by it be 9 deemed necessary and which are not in conflict with the provisions of this 10 chapter, for the express purpose of safeguarding the health, safety, welfare 11 and freedom from injury or danger of those persons utilizing the services of 12 outfitters and guides, and for the conservation of wildlife and range 13 resources. 14 (e) The board shall have the power to cooperate with the federal and 15 state government through its appropriate agency or instrumentality in matters 16 of mutual concern regarding the business of outfitting and guiding in Idaho. 17 (f) The board shall have the power throughout the state of Idaho to 18 request the attendance of witnesses and the production of such books, records 19 and papers as may be required at any hearing before it, and for that purpose20the board may request a district court to issue a subpoena for any witness or21a subpoena duces tecum to compel the production of any books, records or22papers. Subpoenas shall be directed to the sheriff of any county in the state23of Idaho where such witness resides or may be found. Subpoenas shall be served24and returned in the same manner as subpoenas in a criminal case. The fees and25mileage of the sheriff and witnesses shall be the same as that allowed in dis-26trict court criminal cases, which fees and mileage shall be paid from any27funds in the state treasury available therefor in the same manner as other28expenses of the board are paid. Disobedience of any subpoena issued by the29district court or the refusal by any witness in failing to testify concerning30any matter regarding which he may lawfully be interrogated, or the failure to31produce any books, records or papers shall constitute a contempt of the dis-32trict court of any county where such disobedience or refusal occurs, and said33court, or any judge thereof, by proceedings for contempt in said court, may,34if such contempt be found, punish said witness as in any other case of disobe-35dience of a subpoena issued from such court or refusal to testify therein. The 36 board or its hearing officer may issue and serve subpoenas or subpoenas duces 37 tecum in a manner consistent with chapter 52, title 67, Idaho Code, the rules 38 of the office of the attorney general, and rules 45(e)(2) and 45(g) of the 39 Idaho rules of civil procedure. Payment of fees or mileage for service of sub- 40 poenas or attendance of witnesses shall be paid by the board consistent with 41 the provisions of chapter 52, title 67, Idaho Code, the rules of the office of 42 the attorney general, and rule 45(e)(1) of the Idaho rules of civil procedure. 43 Disobedience of a subpoena or subpoena duces tecum may be enforced by making 44 application to the district court. Disobedience by a licensee of a subpoena or 45 subpoena duces tecum issued by the board shall be deemed a violation of a 46 board order. 47 (g) The board shall have the power to appoint an executive director to 48 serve at the pleasure of the board. The executive director shall carry out 49 such administrative duties as delegated to the director by the board. The 50 board may, in its discretion, refuse, sustain or reverse, by majority vote, 51 any action or decision of the executive director. The executive director shall 52 be exempt from the provisions of chapter 53, title 67, Idaho Code, and shall 53 receive a salary that is fixed by the board. 54 (h) The board shall have the power to hire enforcement agents in order to 55 conduct investigations and enforce the provisions of this chapter. All 3 1 enforcement agents appointed by the board who are certified by the Idaho peace 2 officer standards and training advisory council, shall have the power of peace 3 officers limited to: 4 1. Enforcement of the provisions of this chapter. 5 2. Responding to express requests from other law enforcement agencies for 6 aid and assistance in enforcing other laws. For purposes of this section, 7 such a request from a law enforcement agency shall mean only a request as 8 to a particular and singular violation or suspicion of violation of law, 9 and shall not constitute a continuous request for assistance outside the 10 purview of enforcement of the provisions of this chapter. 11 (i) By August 1 of each year, the board shall provide to the director of 12 the department of fish and game, in a manner and form prescribed by the direc- 13 tor, the number of each species of big game taken in each management unit by 14 clients of licensed outfitters between July 1 of the immediately preceding 15 calendar year and June 30 of the current calendar year. 16 (j) The board shall by rule designate the number of deer or elk tags 17 allocated pursuant to section 36-408(4), Idaho Code, among the authorized 18 operating areas within the game management area, unit or zone. 19 SECTION 3. That Section 36-2117, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 36-2117. PENALTY FOR VIOLATIONS -- PROSECUTING ATTORNEY TO PROSECUTE. 22 (a1) It shall be the duty of the prosecuting attorney of each county in the 23 state to prosecute, in the county where the violation occurs, any person 24 charged with violating the provisions of section 36-2104 or 36-2116, Idaho 25 Code. 26 (b2) Any personconvictedwho pleads guilty or is found guilty of a first 27 offense for violating the provisions ofthis chaptersection 36-2104, Idaho 28 Code, shall be punished by a fine of not less than onehundredthousand dol- 29 lars ($1,000) nor more than five thousand dollars ($5,000), or by imprisonment 30 in the county jail for a term not to exceedninety (90) daysone (1) year, if 31 other than a corporation, or by both such fine and imprisonment in the discre- 32 tion of the court. 33 (3) Any person who pleads guilty or is found guilty of a second offense 34 for violating the provisions of section 36-2104, Idaho Code, shall be punished 35 by a fine of not less than two thousand five hundred dollars ($2,500) nor more 36 than five thousand dollars ($5,000), or by imprisonment in the county jail for 37 a term not to exceed one (1) year, if other than a corporation, or by both 38 such fine and imprisonment in the discretion of the court. 39 (4) Any person who pleads guilty or is found guilty of a third or subse- 40 quent offense for violating the provisions of section 36-2104, Idaho Code, 41 shall be punished by a fine of five thousand dollars ($5,000), or by imprison- 42 ment in the county jail for a term not to exceed one (1) year, if other than a 43 corporation, or by both such fine and imprisonment in the discretion of the 44 court. 45 (5) Any person who pleads guilty or is found guilty of a violation of 46 section 36-2116, Idaho Code, shall be guilty of a misdemeanor. 47 (6) All fines and penalties collected for violation of this section, 48 under sentence or judgment of any court, shall be paid over by such court in 49 the same manner as provided for in section 36-2116, Idaho Code. Such court 50 shall also send to the Idaho outfitters and guides board a statement setting 51 forth the title of the court and of the cause for which such moneys were col- 52 lected, the name and residence of the defendant or defendants, the nature of 53 the offense or offenses and the fine and the sentence or judgment imposed and 4 1 such moneys so received by the board shall be deposited with the state trea- 2 surer and the state treasurer shall credit the same to the Idaho outfitters 3 and guides board account in the dedicated fund. The court shall require any 4 person violating the provisions of section 36-2104, Idaho Code, to reimburse 5 the Idaho outfitters and guides licensing board or other city, county, state 6 or federal agency for the employee costs and other costs incurred by the board 7 or agency in the investigation and criminal prosecution of acts for violations 8 of section 36-2104, Idaho Code. 9 (7) Any person who pleads guilty or is found guilty of violating the pro- 10 visions of section 36-2104, Idaho Code, may, in the discretion of the court, 11 have their license to hunt or take big game, or to fish, suspended for a 12 period of time as determined by the court.
STATEMENT OF PURPOSE
RS 17693
The State of Idaho requires Idaho outfitters and guides to be
licensed. Despite that requirement there is an ever-increasing
amount of unlicensed activity, which jeopardizes public safety,
frustrates enforcement of Idaho's fish and game laws, and works a
disadvantage to those outfitters and guides in compliance with the
law. The current penalty for violating these laws is $100. This
amount is too low to serve as a meaningful deterrent.
This legislation increases the fines that may be imposed in a
court's discretion and creates a "graduated" penalty for repeat
offenders. The legislation allows a court the discretion to
suspend a hunting or fishing license and allows prosecuting
agencies the ability to recoup costs incurred in the investigation
and prosecution of persons found guilty. It creates a penalty for
people who knowingly hire an unlicensed outfitter or guide.
Finally, the bill makes a technical correction for subpoena
issuance to make it consistent with the Idaho Administrative
Procedures Act.
FISCAL NOTE
This legislation will have no impact on the general fund.
CONTACT:
Rep. Mike Moyle
(208) 322-1000
Jeremy P. Pisca
Idaho Outfitters and Guides Association
(208) 384-1800
STATEMENT OF PURPOSE/FISCAL NOTE H 473