New Idaho outfitting law is receiving mixed reviews
By Eric Barker, Lewiston Tribune, Idaho | |
McClatchy-Tribune Information Services |
Critics worry it could invite unsafe, fly-by-night operators that would undermine the reputation of the state's licensed outdoor recreation professionals. But supporters say it's a simple matter of private property rights.
Late in the legislative session,
He has heard from about a dozen of those who say they like being licensed.
"They find it desirable to be licensed," he said. "There is a marketability issue and a credibility issue to being properly bonded and insured and we go through the training and the background checks."
But many private landowners viewed those benefits as a burden, said
"Private property is a right and not a privilege and it is a privilege if you have to go to an agency and ask permission and pay them to do it," he said.
The bill, in an early version, was opposed by the
Even though it pulled back on its fight against the bill,
"The travesty with this legislation is that it established a new set of outfitters and guides for which there will be no standards, for which the public that uses these services and end up getting jilted will have no recourse," Simonds said.
Hendricks said
"That is what private enterprise is all about. If these landowners provide a good experience and a good value to their customers, they are going to have repeat customers," he said. "If they don't and customers feel unsafe and there is a dangerous situation and they didn't have a good experience, they are not going to come back and they are going to tell their friends and family and be on
A law passed in the 2013 legislative session gives some liability protection to landowners who provide recreation on their land. Even so, Hendricks said the
Landowners in
Now that won't be an issue and it could make landowners more willing to provide access for a fee.
"There has always been some hesitancy from landowners," Hendricks said. "They didn't exactly know where the line was. It was very gray. Now they are going to be more willing."
Both Howard and
"In all my years in Idaho I never followed a bill through that was like this," he said. "I was amazed how anybody can stand up and say anything and make people believe it. There is no instance where we have harassed any landowner about these wagon rides or hay rides."
Howard said the board only seeks licenses from people who provide guiding and outfitting for things that could pose a reasonable risk to the public. He said things like trail rides on flat ground didn't need to be licensed. But they would if the rides were on steep terrain where accidents are more likely.
"If it's on a flat road or a flat trail or some area not particularly rugged or narrow, they are exempt."
He said there is one wagon ridge provider in the state that is licensed and that person sought the license.
Hunsucker said even though he didn't like the debate over the bill and would have preferred if the
"We will live with it. We can make things work."
Barker may be contacted at [email protected] or at (208) 848-2273. Follow him on
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