Guides and outfitters.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0088

ENROLLED ACT NO. 99, HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to the
guides and outfitters and the
Wyoming board of outfitters; providing definitions
relating to guide and outfitting services
; clarifying the board's authority to investigate and issue citations;
expanding the board's authority to take disciplinary action against licensees;
requiring complainants to cooperate with the board;
specifying additional requirements relating to guide and outfitting services;
revising penalties;
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
‑
401(b),
23
‑
2
‑
406, 23
‑
2
‑
407(a) and by creating a new subsection (c), 23
‑
2
‑
410
(b) and
(c)
(iii)
, 23
‑
2
‑
411(a) by creating a new paragraph (vi), 23
‑
2
‑
412(a) by creating a new paragraph (v),
23
‑
2
‑
416(a)(intro) and 23
‑
2
‑
417
are amended to read:

23-2-401.

Guides required; exceptions; issuance of resident guide license.

(b)

Any resident possessing a valid resident big or trophy game animal license may apply for and receive a resident guide license. The resident guide license shall be issued without charge or bond by the commission, any district supervisor or resident game warden upon receipt of an affidavit from the resident stating the names and addresses of the nonresident hunters to be guided, the game to be hunted, the area to be hunted, and that the resident has not received nor will accept directly or indirectly any compensation for his services as a guide. A resident guide shall not guide more than two (2) nonresident hunters in any calendar year on any national forest, wilderness area, national game refuge, or national park, except as provided in W.S. 23
‑
2
‑
401, nor shall he accept any compensation or gratuity for his services.
An exchange of guide services shall not be considered compensation for the purposes of this section.

The name and license number of the nonresident hunter shall be placed on the back of the resident guide license and stamped or signed by the issuer.

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;

(i
ii
)

"Guide services" means for hire or remuneration, accompanying and providing assistance to a hunter in the field relating to the taking of any big or trophy game animal
except as provided in W.S. 23
‑
2
‑
401
(b) and
(c)
;

(ii)
(
i
v)

"Outfitter" means a person including a hunting club, who advertises or holds himself out to the public for hire
or remuneration
for the purpose of financial gain in order

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.

(v)

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

(iii)
(vi)

"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)
(vii)

"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;

(
viii
)

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

(v)
(
i
x)

"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 services or packing services
for the purpose of taking any big or trophy game animal
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.
This subsection shall not apply to landowners as defined in W.S. 23
‑
2
‑
406(a)(
iv
)(B).

23
‑
2
‑
410.

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

(b)

The board may employ personnel as required to carry out this act and establish compensation for any employees subject to legislative budget authorization.
The board may investigate alleged violations of this act, including but not limited to violations of W.S. 23
‑
2
‑
407(a).
In enforcing this act and its rules and regulations, the board shall require investigators to receive peace officer training and qualification under W.S. 9
‑
1
‑
701 through 9
‑
1
‑
708.

(c)

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

(iii)

Conduct hearings upon complaints received relative to licensees
. The board may require
the
complainant to appear before the board in an investigation or a hearing the board conducts. The board may summarily dismiss a complaint upon failure of the complainant to appear or otherwise cooperate with the board
;

23
‑
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
‑
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
‑
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
‑
2
‑
417.

Violations in general; penalties.

(a)

Any person violating any provision of this act is guilty of a misdemeanor punishable by a fine of not to exceed
two thousand dollars ($2,000.00), imprisonment for not more than one (1) year, or both

five thousand dollars ($5,000.00)
.

(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
‑
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, 2011.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1