Brief ⁽¹⁾

HB 2098 relates to commercial hunting and fishing guide services permits issued by the Department of Wildlife and Parks.

"Commercial Basis" Definition. The bill would define the term "commercial basis" to mean that the recipient of services agrees to provide valuable consideration as compensation for the guide services, and the services are provided as part of a business relationship. Evidence of a business relationship would include, without limitation, advertisement of the guide services, written agreement of the terms of payment, or services provided by an employee of a commercial guide. Providing guide services on land not owned or leased by the individual providing the services does not by itself constitute evidence that the services are provided on a commercial basis.

Guide Permit Issues. The bill would delete provisions of current law dealing with provisional guides and provide for associate guides. The bill would allow the Secretary of Wildlife and Parks to deny or revoke a commercial guide permit or an associate guide permit if the applicant has:

• •Failed to comply with Department of Wildlife and Parks laws or rules and regulations;
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• •Been convicted of violating fish, wildlife, boating, or parks laws of another jurisdiction;
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• •Been convicted of a felony involving the use of violence or the use of weapons;
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• •Been convicted of any other felony within the previous five years; or
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• •Failed to provide required reports.

The bill also would:

• •Require the Kansas Bureau of Investigation upon request from the Secretary to furnish the Secretary criminal history record information relating to arrests and criminal convictions.
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• •Clarify that the Secretary of Wildlife and Parks must receive reports from the courts of a disposition of a Wildlife and Parks related prosecution, even if the prosecution is settled and does not go to trial.
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• •Add the Secretary to the list of entities that may receive information about previous convictions, even after expungement, but only for the purpose of evaluating the eligibility for a guide permit.
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• •Clarify a current exemption for approved activities such as mentoring programs or nonprofit fundraisers for which a guide permit is not required.
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• •Require a commercial guide applicant to be 16 or more years of age, with no minimum age requirement for associate guides.
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• •Grant the Secretary authority to set a date by which guide applications must be received.
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• •Require a guide to secure written permission from a landowner before performing guide services on the landowner's property.
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• •Specify that if a person already has a commercial guide permit, an associate separate guide permit is not necessary.

Background

HB 2098 was requested by the Department of Wildlife and Parks. The spokesperson from the Department of Wildlife and Parks testified that over the last couple of years a number of issues have arisen regarding rules pertaining to the issuance of commercial guide permits. He noted that under current law, if a person performs commercial guide services for five or fewer days and receives $500 or less for such services, that person is required to register as a provisional guide. It was noted that very few of these individuals, however, do register as provisional guides. It was also noted that some individuals have abused the provisional guide provision by linking together so that no single person has to obtain a permit. The bill, among other things, would eliminate the provisional guide provision and at the same time establish a definition of "commercial basis" to more accurately reflect the intent of the law.

The Department spokesperson also submitted information which indicates that the following states issue commercial licenses: Alaska (hunting only), Arkansas, Colorado, Illinois, Kentucky, North Dakota, Texas (fishing only), and Wyoming (hunting only). It was noted none of these states issue provisional guide permits. States which do not license commercial guides include Nebraska, Oklahoma, Pennsylvania, Tennessee, Utah, Vermont, and Wisconsin.

The Executive Director, Travel Industry Association of Kansas (TIAK), stated that while the Association supported efforts in 1990 to require permits for those providing guide services, it objected to Department regulations requiring first-aid training, cumbersome examinations, and extensive annual reporting requirements. It was noted that these requirements discouraged people from providing guide services and in 1992, TIAK proposed incorporating a "provisional guide" provision for persons who earned less than $500 per year for guide services.

The Committee amendment pertaining to "commercial basis" was offered by the spokesperson of the Department of Wildlife and Parks to further clarify who would be subject to commercial guide permit requirements. A second amendment would require the denial of a permit to applicants convicted of a felony involving the use of violence or the use of weapons. The other amendment was technical.

The Committee of the Whole added the amendment pertaining to "provisional guides" and re-referred the bill to the House Tourism Committee.

The House Tourism Committee, as further amended, removed the "provisional guides" amendment and included an amendment to provide that services on land not owned or leased by the individual providing the services will not by itself constitute evidence that the services are provided on a commercial basis.

The Senate Natural Resources Committee amended the bill to reinstate previous new language relating to actions the Secretary may take when commercial guides or associate guides have been convicted of a felony involving the use of a weapon or been convicted of any other felony within the previous five years. Language eliminated in the Senate Committee was that requiring the action of the Secretary when a commercial guide or an associate guide has been convicted of a felony involving violence or the use of weapons.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi