Board of outfitters-authority.

WORKING DRAFT
2007
STATE OF WYOMING
07LSO-0342.E1

HOUSE BILL
NO.
HB0158

Board of outfitters-authority.

Sponsored by:
Representative(s) Childers, Olsen, Simpson and Thompson and Senator(s) Anderson, J., Coe and Cooper

A BILL

for

AN ACT relating to the Wyoming board of outfitters; providing definitions; clarifying the board's authority to investigate and issue citations; providing for the loss of hunting privileges; and providing for an effective date.

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

Section 1.

W.S. 23
‑
2
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406(a), 23
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2
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407(a) and by creating a new subsection (c), 23
‑
2
‑
410(c) by creating a new paragraph (vii), 23
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2
‑
411(a) by creating a new paragraph (vi), 23
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2
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412(a) by creating a new paragraph (v), 23
‑
2
‑
416(a)(intro) and 23
‑
2
‑
417(b) 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;

(iii)

"Compensation" or "remuneration" means payment of any kind, without regard to value or agreement, including tips, presents, exchange of property or service or bartering for guide services;

(iv)

"Guide services" means for hire or remuneration, accompanying and providing assistance of any kind to a hunter in the field relating to the taking of any big or trophy game animal;

(ii)
(v)

"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.

(vi)

"Outfitter of record" means the licensed outfitter designated by any unlicensed owner of an outfitting business who is specifically authorized to represent the business and is responsible and accountable for the operation of the business;

(iii)
(vii)

"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)
(viii)

"Packing services" means transporting for hire or remuneration, hunters, game animals or equipment in the field for the purpose of taking any big or trophy game animal;

(ix)

"Take" means hunt, pursue, catch, capture, shoot, trap, kill or possess or attempt to hunt, pursue, catch, capture, shoot, trap, kill or possess any big or trophy game animal;

(v)
(x)

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

23
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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 services or packing services
unless he is licensed as an outfitter or professional guide pursuant to this act.

(c)

No person shall advertise outfitter or guide services to be performed in Wyoming without listing the Wyoming outfitter license number of one (1) or more outfitters who are contractually obligated to provide the services advertised.

23
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2
‑
410.

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

(c)

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

(vii)

Investigate violations of this act by unlicensed persons.

23
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2
‑
411.

Outfitter qualifications for licensure; licensed outfitter may act as professional guide; required reporting of criminal history.

(a)

An applicant for an outfitter's license shall in addition to any other criteria imposed by rule and regulation of the board, possess the following qualifications:

(vi)

Have committed no violations of W.S. 23
‑
2
‑
416(a).

23
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2
‑
412.

Qualifications for professional guide's license; valid during employment by outfitter only.

(a)

An applicant for a professional guide's license under this act shall meet the following qualifications:

(v)

Have committed no violations of W.S. 23
‑
2
‑
416(a).

23
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2
‑
416.

License suspension and revocation; grounds; payment of damages; proceedings.

(a)

The board may require
payment of
a licensee to pay
damages as provided by subsection (b) of this section
, may refuse to issue or renew
or
may
suspend or revoke a license issued under this act
or may otherwise discipline a licensee
for any of the following causes:

23
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2
‑
417.

Violations in general; penalties.

(b)

In addition to subsection (a) of this section, the court may in its discretion, revoke any license issued under this act
or W.S. 23
‑
1
‑
101 through 23
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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
or under W.S. 23
‑
1
‑
101 through 23
‑
6
‑
208,
for a period not to exceed five (5) years.

Section 2.

This act is effective July 1, 2007.

(END)

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HB0158