Board of outfitters authority-2.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0473.E1

HOUSE BILL
NO.
HB0183

Board of outfitters authority-2.

Sponsored by:
Representative(s) Childers and Senator(s) Burns

A BILL

for

AN ACT relating to the Wyoming board of outfitters; providing definitions; providing restrictions on advertising as specified; limiting terms of board members; clarifying the board's authority to investigate and issue citations; providing for loss of hunting privileges; prohibiting the lease of privately owned lands for hunting to unlicensed outfitters; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 23
‑
2
‑
406(a) and by creating a new subsection (c), 23
‑
2
‑
407(a), 23
‑
2
‑
408(b), 23
‑
2
‑
410(c) by creating a new paragraph (vii), 23
‑
2
‑
417(b) and 23
‑
2
‑
418 by creating a new subsection (b) and by renumbering (b) as (c) are amended to read:

23
‑
2
‑
406.

Definitions.

(a)

As used in this act:

(i)

"Advertises" means attempting by any means, including the Internet, the world wide web or a similar proprietary or common carrier electronic system, to induce persons to enter into an agreement with an outfitter to receive guide or packing services;

(i)
(ii)

"Board" means the
Wyoming
state board of outfitters and guides established under this act;

(ii)
(iii)

"Outfitter" means a person including a hunting club, who advertises or holds himself out to the public for hire or remuneration to provide guide or packing services for the purpose of taking any big or trophy game animal, excluding any person who furnishes pack or riding animals and other equipment only to a hunter for his personal temporary use and any landowner providing outfitter services on private lands owned or leased by him. As used in this paragraph:

(A)

"Hunting club" means any person requiring dues or remuneration for providing personal services in the field for the taking of any big or trophy game animal;

(B)

"Landowner" means any person, firm or corporation holding title to, or occupying under a contract of purchase, agricultural land or any person whose family owns at least a majority of the stock in a Wyoming corporation and who provides services specified in this paragraph on lands owned by the corporation and used primarily for agricultural purposes.

(iii)
(iv)

"Professional guide" means any person employed by or operating under an independent contract with a licensed outfitter to furnish personal services for the conduct of outdoor recreational activities for the purpose of hunting animals except any person employed by a licensed outfitter solely to care for, groom or saddle livestock, cook, cut wood or to transport people, equipment and personal property;

(iv)
(v)

"
Guide or p
acking services" means
,

transporting for hire or remuneration, hunters, game animals or equipment
accompanying and providing assistance of any kind to a hunter
in the field
,

for the purpose of

for hire or remuneration, related to
taking
of
any big or trophy game animal;

(v)
(vi)

"This act" means W.S. 23
‑
2
‑
406 through 23
‑
2
‑
418.

23
‑
2
‑
407.

License required for outfitters and professional guides.

(a)

No person shall hold himself out as, engage in the business of or act in the capacity of an outfitter or shall
engage in the occupation of a professional guide as an independent contractor or as an agent or employee,
provide guide or packing services
unless he is licensed as an outfitter or professional guide pursuant to this act.

(c)

No person shall advertise the services of outfitting or guiding in
Wyoming
without listing the license number of one (1) or more outfitters who are contractually obligated to provide the hunt or hunts advertised.

23
‑
2
‑
408.

Wyoming
state board of outfitters and professional guides; membership; meetings; per diem and travel expenses.

(b)

Appointed members shall be appointed by the governor with the advice and consent of the senate in accordance with W.S. 28
‑
12
‑
101 through 28
‑
12
‑
103 and may be removed by the governor as provided by W.S. 9
‑
1
‑
202. Not more than four (4) members of the board shall be of the same political party. Except as otherwise provided for initial appointees, the term of an appointed member shall be three (3) years.
After July 1, 2006, no appointed member shall serve more than two (2) consecutive three (3) year terms on the board.

23
‑
2
‑
410.

Powers and duties of board; generally; employees; licensing and regulation; issuance of citations.

(c)

The board shall license and regulate outfitters and professional guides in this state and shall:

(vii)

Investigate unlicensed outfitters and unlicensed guides for violations of this act.

23
‑
2
‑
417.

Violations in general; penalties; forfeiture.

(b)

In addition to subsection (a) of this section, the court may in its discretion, revoke any license issued under this act
or under the Wyoming game and fish act, W.S. 23
‑
1
‑
101 through 23
‑
6
‑
208,
to any person violating this act, for the remainder of the year in which the conviction occurs, and may suspend the person's privilege to receive
a
any
license under this act
and under the Wyoming game and fish act, W.S. 23
‑
1
‑
101 through 23
‑
6
‑
208,
for a period not to exceed five (5) years.

23
‑
2
‑
418.

Compensation of person not licensed under this act prohibited; lease to person not licensed under this act prohibited; penalty.

(b)

No person shall directly or indirectly lease private lands owned by him to a person holding himself out as engaging in the business of or acting in the capacity of an outfitter or a guide unless that person provides proof that he is a licensed outfitter as required by this act.

(b)
(c)

Any person violating this section is guilty of a misdemeanor as prescribed under W.S. 23
‑
2
‑
417(a).

Section 2.
Nothing in this act shall affect the current term of office of any board member holding office at the time of passage of this act.

Section 3.
This act is effective July 1, 2006.

(END)

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HB0183