Enhances the regulation of the provision of services of guides and the outfitters who procure guides

Summary of provisions

Section 1 of this bill would rename the title of ECL § 11-0533 as "Guides and Outfitters." It would amend ECL § 11-0533 (1) to clarify the definition of a guide as an individual who offers services for hire for recreational activities and to add kayaking to the list of services and activities. It would also add a definition of "outfitter" to mean any person soliciting to provide or providing guide services for compensation. The section would also amend ECL § 11-0533 (5) to provide that the fee for guide licenses shall not exceed two hundred dollars for residents and establishes a new five hundred dollar fee for non-residents. New ECL § 11-0533 (7) would prohibit outfitters from providing unlicensed guides for guiding services, and add a new requirement that guides and outfitters provide written disclosures stating the terms of service to be provided.

Section 1 would prohibit any person from guiding while in an intoxicated or impaired condition as defined in ECL § 11-1201, prohibit outfitters from knowingly providing guides for service who are or appear to be intoxicated or impaired, and make violations of these provisions subject to the standards, procedures and penalties established by ECL § 11-1205 and 11-1209.

This section would add submitting false documentation, or violating the penal law while guiding to the list of reasons a guide's license may be revoked and allows the Department to suspend a license for up to two years or revoke a license following a hearing or opportunity to be heard and establish certain circumstances when licenses could be immediately suspended. This section would require the Department to maintain a current list of licensed guides on the department's website, instead of publishing it annually.

Section 2 of this bill would add a new subdivision 14 to ECL § 71-0921 to provide that a first violation of ECL § 11-0533 (2) (guiding without a license), (7) (an outfitter providing an unlicensed guide) or (10) (an outfitter knowingly providing guides who are intoxicated or impaired) is a class B misdemeanor, punishable by a fine of no more than $5,000 or imprisonment of no more than 90 days or both.

Section 2 would also provide that a second violation or subsequent violations is a class A misdemeanor, punishable by a fine of no more than $10,000 or imprisonment of no more than one year or both. Lastly, for two or more convictions or manslaughter or reckless endangerment, it would authorize the Department or a court to revoke for a minimum of five years a guide's license or the privilege of an outfitter to provide guides.

Additionally, Section 2 would add a new subdivision 15 to ECL§ 71-0921 to provide that, in the case of two or more violations of ECL 11-0533(7) or (10), or in the case of a conviction of reckless endangerment or manslaughter by a person engaged in guiding activities for an outfitter, the Department or a court may suspend that outfitter's ability to provide guides. It would also provide that the Department or a court may take the gravity of the offense into consideration in determining the length of the suspension.

Section 2 of this bill would add a new subdivision 16 to ECL § 71-0925 to provide that a violation of ECL § 11-0533(6) guiding while not wearing your guide license in plain sight,) (7) or (8) f (failure to provide a written disclosure of services) is a violation punishable by a fine of no less than $500.

Section 4 provides that this bill would take effect immediately.

Existing law

ECL § 11-0533 was promulgated in 1985, and has not been amended since that time. This statute defines the term "guide," establishes the license fee, provides for certain requirements and punishments, and requires the Department annually publish a list of guides

Justification

In New York State, there are currently more than 2,100 licensed guides who offer instructional services in recreational areas such as fishing, hunting, whitewater rafting and camping. In many instances, the individuals who contract with guides are inexperienced in a particular recreational activity, some of which may be extremely dangerous. For the safety and well being of all parties involved, it is important to ensure that experienced and responsible guides are at the helm.

It is essential that individuals engaged in guiding activities be properly trained, fully licensed and not under the influence of drugs and/or alcohol at the time they are providing these services. It is equally critical that businesses which offer guides for service are required to ensure that they offer only sober licensed guides.

In the fall of 2012, a licensed guide provided by a New York State rafting company was charged with criminally negligent homicide after being accused of rafting while intoxicated, resulting in the death of a client. Earlier that spring the owner of the same rafting company was charged with reckless endangerment after abandoning a raft full of clients, leaving them to fend for themselves. The owner was able to maintain his guiding license amid the charges. The ECL does not currently prohibit acting as a guide while under the influence of drugs or alcohol, and limits the reasons for revoking a guide's license to violations of the ECL or providing false information to the Department. These violations are only punishable by the revocation of a guide's license for one year.

Multiple guiding associations have requested additional statutory requirements that would address the issue of individuals guiding without a license and to punish guides who partake in unethical behavior such as failing to provide adequate guiding services, and sometimes reckless behavior such as guiding while under the influence

of alcohol and drugs. Unlicensed and reckless guides endanger citizens and create an unreasonable risk of injury and death.

Such behavior damages the reputation and livelihoods of highly regarded guides and guiding associations who enforce strict member guidelines, provide training programs, and work in conjunction with the Department's Guide Licensing Program.

This proposal will add oversight of outfitters to ensure that licensed guides are provided to tourists, and will add disclosure to consumers that will ensure they know what services they are to receive. It would subject those who engage in the act of guiding while in an intoxicated or impaired condition to the same standards, procedures and punishments as hunting while intoxicated. It would also establish more stringent penalties when violations do occur to minimize the possibility of tragedies occurring again.

Legislative history

New Bill

Fiscal implications

None

Effective date

This act shall take effect immediately.