What's happening
This bill updates regulations for guides and outfitters, adds licensing and conduct requirements, and establishes new penalties for violations.
Why it matters
Expands oversight to both guides and outfitters. By newly defining and regulating “outfitters” (not just individual guides), the bill makes businesses that arrange guide services legally responsible for using only properly licensed guides and for their conduct, increasing accountability in the outdoor recreation industry.
Mandates transparent business practices. Guides and outfitters must provide clients with a written, signed disclosure of services (including cost, timing, and nature of activities), which must be kept on file for two years. This protects clients and allows for easier investigation of disputes or incidents.
Targets safety and professional conduct. The bill explicitly prohibits guiding while intoxicated or impaired, and requires outfitters to ensure their guides are sober and fit for duty. Penalties for violations—including immediate license suspension if client safety is threatened—are strengthened to deter dangerous behavior.
Imposes stiffer penalties and long-term consequences. Repeat or severe offenses can now result in misdemeanor charges, steep fines, potential jail time, and up to a ten-year ban for outfitters. Guides convicted of serious crimes like manslaughter while guiding face a minimum five-year license revocation, raising the stakes for compliance and public safety.
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Who cares
Headline styles
License Guides and Outfitters
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.311
- Referred to environmental conservation
- Referred to environmental conservation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5917
2017-2018 Regular Sessions
IN SENATE
May 5, 2017
Introduced by Sen. O'MARA -- (at request of the Department of Environmental Conservation) -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conversation law, in relation to guides and outfitters
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 11-0533 of the environmental conservation law, as added by chapter 398 of the laws of 1985, is amended to read as follows: § 11-0533. [Licensing of guides] Guides and outfitters.
1. Definitions. As used in this section[, the term "guide"]:
a. "Guide" shall mean [a person] an individual who offers services for hire part or all of which includes directing, instructing, or aiding another in fishing, hunting, camping, hiking, [white water] snowshoeing, cross country skiing, canoeing, kayaking, rafting or rock and ice climbing.
b. "Outfitter" shall mean any person who receives consideration for arranging guide services.
2. All guides engaging in the business of guiding on all lands and waters of the state shall possess a license issued by the department, except for any [persons] individuals operating or assisting upon a public vessel for hire (passenger carrying vessels), licensed by the United States Coast Guard or New York state, upon the Atlantic Ocean and all other marine and coastal waters, and tidal waters including the Hudson river up to the [Troy barrier dam] Governor Malcom Wilson Tappan Zee Bridge (including any replacement thereof), [St. Lawrence river, Great Lakes and the navigable portion of their tributaries,] and other navigable waters, as determined by the department.
3. Except while guiding for the purposes of hunting and/or fishing, no license as defined in section 11-0701 of this article is required for such acts.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10110-01-7
S. 5917 2
4. Employees of children's camps as defined in subdivision one of section one thousand four hundred of the public health law shall be exempt from the provisions of subdivisions one and two of this section, provided such activities are carried out within the scope of said employment.
5. A license as required under subdivision two of this section shall be issued for a period of up to five calendar years and the fee therefor shall be established by the department, not to exceed two hundred dollars for residents or five hundred dollars for non-residents.
6. Every licensed guide while engaged in guiding shall wear in plain sight identification furnished or authorized by the department. Licensed guides shall be at least eighteen years of age. They shall be skilled in the use of boats and [canoes] other watercraft whenever use of these craft is required and shall be persons competent to guide one or more of the following: camping, hunting, fishing, hiking, [white water canoeing/rafting,] snowshoeing, cross county skiing, canoeing, rafting, kayaking, rock or ice climbing or other similar activities. The department shall by regulation establish standards and procedures for testing and licensing of guides.
7. [Any] No outfitter shall provide for guide services a guide who is not licensed pursuant to this section.
8. Every licensed guide or the outfitter providing the services of such a guide shall, prior to engaging in guiding or providing a guide for service, provide a written disclosure of the terms of employment of the guide by the client, including the date, time period, cost and character of the services to be provided. Such written disclosure shall be signed by the client prior to the guide services and be maintained by the guide or the outfitter for a period of two years. All written disclosures of the outfitter and licensed guide shall be made available for inspection by the department when requested.
9. No individual shall engage in guiding while in an intoxicated or impaired condition, as defined in section 11-1201 of this article. No individual shall engage in guiding when his or her ability to guide creates an unreasonable risk of injury or death to himself or herself, or another human life. Any individual who guides while in an intoxicated or an impaired condition shall be subject to the same rules of evidence, standards, procedures and penalties established pursuant to title twelve of this article as if he or she were hunting while intoxicated.
10. No outfitter shall provide a guide who they know or through the exercise of reasonable diligence should have known is intoxicated or in an impaired condition, as defined in section 11-1201 of this article.
11. For any licensed guide who violates any provision of this chapter or who makes any false statement or submits false documentation in his or her application for a license [shall], or is convicted of violating any provision of the penal law while guiding, in addition to any other penalties, [immediately surrender his license to] the department[, which] may [be revoked by the department] suspend such guide's license for up to [one year following the date of such surrender] two years, or revoke such license; provided that such suspension or revocation shall be made in accordance with section seven hundred fifty-two of the correction law and become effective after an opportunity for a hearing pursuant to the department's regulations. If the alleged violation is for guiding while in an intoxicated or impaired condition, or the guide refuses to take a breath test or chemical test, and there was a threat of harm or loss of life to the guide's client, the department may immediately suspend the guide's license pending any prosecution, provided
S. 5917 3
that the department shall offer the guide an opportunity to have a hearing within fifteen days. For purposes of this subdivision, "threat of harm or loss of life" shall include taking a client boating, kayaking, canoeing, rafting, hunting with a firearm or bow, rock climbing or ice climbing while in an intoxicated or impaired condition.
[8.] 12. The department shall [publish] maintain a current list of licensed guides [annually] on the department's website.
§ 2. Section 71-0921 of the environmental conservation law is amended by adding three new subdivisions 14, 15 and 16 to read as follows:
14. Violation of subdivision two, seven or ten of section 11-0533 of this chapter shall, in the case of a first violation, be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine not to exceed one thousand dollars or by imprisonment for not more than thirty days, or by both such fine and imprisonment; in the case of a second or subsequent violation, such person shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed two thousand dollars or by imprisonment for not more than one year, or by both such fine and imprisonment.
15. Upon the second or subsequent conviction of an outfitter of subdivisions seven or ten of section 11-0533 of this chapter, the department or the attorney general may seek from a court of competent jurisdiction injunctive relief to restrain such outfitter from continuing to operate for a period of up to ten years. Upon such application, the court shall have jurisdiction to grant the department without bond or other undertaking, such prohibitory or mandatory injunctions as the facts may warrant, including temporary restraining orders or preliminary injunctions. In determining the length of such injunction, a court shall take into consideration the seriousness of the offense.
16. The department or a court may revoke or prohibit the issuance of a license to a guide for not less than five years following a conviction of manslaughter or reckless endangerment while guiding.
§ 3. Section 71-0925 of the environmental conservation law is amended by adding a new subdivision 17 to read as follows:
17. If the violation was a violation of subdivision seven or ten of section 11-0533 of this chapter, not less than five hundred dollars.
§ 4. This act shall take effect January 1, 2018; provided however the amendments to section 11-0533 of the environmental conservation law made by section one of this act shall take effect on January 1, 2019.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conversation law, in relation to guides and outfitters
Purpose of the bill
This bill would amend the Environmental Conservation Law (ECL) to revise the definition of a guide, prohibit the act of guiding while under the influence of drugs or alcohol, and increase penalty provisions related thereto.
Summary of provisions
Section 1 of this bill would do the following:
Read the full memo (1,020 words)
*Rename the title of ECL § 11-0533 as "Guides and Outfitters."
*Amend ECL § 11-0533(1) to clarify the definition of a "guide" as an individual who offers services for hire for recreational activities and add snowshoeing, cross country skiing, snowmobiling and kayaking to the list of services and activities and include all canoeing and rafting. An "outfitter" would be defined to mean any person who receives consideration for arranging guide services.
*Amend ECL § 11-0533(2) to narrow the exception from licensure for public vessels licensed by the U.S. Coast Guard or New York State to include the Hudson River only up to the Governor Malcolm Wilson Tappan Zee Bridge.
*Amend ECL § 11-0533(5) to provide that the fee for guide licenses shall not exceed five hundred dollars for nonresidents.
*Add a new ECL § 11-0533(7) that would prohibit outfitters from providing unlicensed guides for guiding services, and a new ECL § 11-0533(8) would require that guides and outfitters provide written disclosures stating the terms of service to be provided.
*Add new ECL §§ 11-0533(9) and 11-0533(1) that would prohibit any person from guiding while in an intoxicated or impaired condition, prohibit outfitters from providing guides for service who they know or through the exercise of reasonable diligence should have known are intoxicated or in an impaired condition, and make violations of these provisions subject to the standards, procedures and penalties established for hunting while intoxicated.
*Amend ECL § 11-0533(11) to 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 of Environmental Conservation (DEC) 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.
*Amend ECL § 11-0533(12) to require DEC to maintain a current list of licensed guides on DEC's website, instead of publishing it annually.
Section 2 of this bill would add a new ECL § 71-0921(14) to provide that a first violation of ECL § 110533(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 misdemeanor, punishable by a fine of no more than $1,000 or imprisonment of no more than 30 days or both. A second violation or subsequent violations would be a misdemeanor, punishable by a fine of no more than $2,000 or imprisonment of no more than 90 days or both. Lastly, for two or more convictions or manslaughter or reckless endangerment, it would authorize DEC or a court to revoke a guide's license for a minimum of five years.
Additionally, section 2 would add a new ECL § 71-0921(15) to provide that, in the case of an outfitter convicted of two or more violations of ECL § 11-0533(7) or (10), DEC or the Attorney General may seek injunctive relief from a court to restrain such outfitter from continuing to operate.
Section 3 of this bill would add a new ECL § 71-0925(15) to establish a civil penalty of no less than $500 for outfitters who provide unlicensed guides or knowingly provide guides who are intoxicated or in an impaired condition.
Section 4 of this bill provides that this bill would take effect on January 1, 2018 except the changes made to § 11-0533 by section 1 shall take effect on January 1, 2019.
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, white water rafting and camping and many others offering similar services who are not required to be licensed. In many instances, the individuals hire inexperienced guides without proper training or qualifications. For the safety and wellbeing of all parties involved, it is important to ensure that experienced and responsible guides are at the helm.
This bill will add oversight of outfitters to ensure that licensed guides are provided to tourists, and add disclosure to consumers that will ensure they know what services they are to receive. It would expand the list of covered activities and include additional freshwater charter boats. 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 and when violations do occur to minimize the possibility of tragedies occurring again.
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 and licensed guides. Multiple guiding associations have requested additional statutory requirements to address the issue of individuals guiding without a license and 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 DEC Guide Licensing Program.
Prior legislative history
This is new legislation.
Fiscal implications
None.
Effective date
This act shall take effect would take effect on January 1, 2018 except the changes made to section 110533 of the environmental conservation law by section 1 shall take effect on January 1, 2019.
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