Board of outfitters-authority.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0100

SENATE FILE

NO.
SF0008

Board of outfitters-authority.

Sponsored by:
Joint Travel, Recreation, Wildlife and Cultural Resources Interim Committee

A BILL

for

AN ACT relating to the Wyoming board of outfitters; providing definitions; limiting terms of board members; clarifying the board's authority to investigate and issue citations; providing for forfeiture; prohibiting the lease of 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), 23
‑
2
‑
407(a), 23
‑
2
‑
408(b), 23
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2
‑
410(c) by creating a new paragraph (vii), 23
‑
2
‑
417 by creating a new subsection (c) 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
related to
taking
of
any big or trophy game animal
, and may include providing services, equipment, livestock or facilities for the benefit of the hunter
;

(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.

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 terms on the board.

23
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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
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2
‑
417.

Violations in general; penalties; forfeiture.

(c)

Devices and equipment, including, but not limited to, any firearm, livestock, tack, weapon, ammunition, trap, snare, vessel, motorized vehicle, aircraft, explosive, poisonous substance, electronic device or optical equipment, used in, or in aid of, outfitting or guiding without a license may be seized by any law enforcement officer of the state after hearing and upon order issued by the court of original jurisdiction when the value of the devices or equipment is one thousand dollars ($1,000.00) or less or by the district court for the county in which the offense was charged when the value of the devices or equipment is more than one thousand dollars ($1,000.00). Any device or equipment seized under this section shall be forfeited to the state in accordance with W.S. 7
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2
‑
105, provided the device or equipment is not subject to forfeiture under this section by reason of the unlawful act being committed without the knowledge or consent of the owner. A device or equipment seized under this section shall not be forfeited as provided under this section until after the person has been convicted and the time for appeal has expired.

23
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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 his property 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 or professional guide 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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SF0008