AN ACT Relating to the regulation of guides and outfitters; adding a new section to chapter 4.24 RCW; and adding a new chapter to Title 18 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Fishing and hunting guides and outfitters are part of a growing industry in the state of Washington. Washington has the potential to become a state of trophy quality hunting and fishing.

Qualified guides and outfitters can provide a measure of safety to the sport of hunting and fishing and can enhance the public's confidence in the sport by ensuring the use of appropriate hunting and fishing practices.

Qualified guides and outfitters will help attract recreational hunters and fishermen who will contribute to the state's economy. The legislature finds that it is in the best interest of the citizens of this state to require registration of hunting and fishing guides and outfitters and to require compliance with certain standards of operation.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Outfitter" means any person who, for a fee, provides facilities and services to the general public for the conduct of outdoor recreational activities, and who maintains, leases, or otherwise uses accommodations or equipment for this purpose.

(2) "Guide" means any person who, for compensation, furnishes personal services for the conduct of outdoor recreational activities that includes leadership or supervision of clients on outdoor excursions, except any employee of the state of Washington or the United States when acting in his or her official capacity.

(3) "Outdoor recreational activities" means hunting, fishing, and camping that may include the use of aircraft, float or power boats, motor vehicles, horses, or other pack or saddle animals.

(4) "Person" means any individual, firm, partnership, or corporation.

(5) "Director" means the director of the department of licensing.

(6) "Department" means the department of licensing.

NEW SECTION. Sec. 3. (1) Any person acting as a guide or outfitter shall register with the department. Each registration application shall be submitted annually on a form provided by the department and shall include the following information:

(a) The name, residence address, and residence telephone number, and the business name, address, and telephone number of the registrant;

(b) A statement of the registrant's liability insurance status;

(c) A history of any complaints that relate to outfitter or guide services performed by the registrant resulting in civil or criminal action, the disposition of any complaint, and the name and address of the complainant;

(d) Certification that at least one member of the business operation, guide, outfitter, or other staff person, has a Red Cross standard first aid card and the skills to execute emergency rescue and survival procedures;

(e) Evidence that the guide or outfitter has extensive knowledge of the area and waters included in the proposed operation;

(f) A description of the area of operation and proof that any permits required for operation in the area have been obtained.

(2) The department shall charge a fee for each application for registration in accordance with RCW 43.24.086.

(3) The department shall submit annually a list of registered persons and companies to the department of trade and economic development.

NEW SECTION. Sec. 4. As an alternative to liability insurance, registered outfitters and guides may use litigation-free contracts that shall provide the public with sufficient information to allow the client fair knowledge about the service provided and the guide or outfitter's credentials, including training, certification, and a history of service. Additionally, the department may control the issuance of registrations based on the performance of the guide or outfitter in this state and any other place of previous business activity.

NEW SECTION. Sec. 5. A new section is added to chapter 4.24 RCW to read as follows:

Businesses or professions that are licensed or registered by the state may use liability-free contracts in transactions with consumers. A liability-free contract shall contain substantially the following:

(1) A basic description of the services to be performed, approximate cost for services, and a list of possible complications, accidents, or side effects of the service performance;

(2) The name of the provider, and current business and residential addresses and phone numbers;

(3) The state license or registration description, number, and licensing or registering authority;

(4) Certifications, dates, and certifying authorities;

(5) Educational degrees and the institutions granting the degrees;

(6) Number of similar services previously provided in this state;

(7) The approximate number of similar services previously provided outside the state;

(8) A list of all liability claims or complaints to any authority, including the date, name, and address of the complainant, the reviewing authority, and any judgment or other disposition or settlement;

(9) A statement of the provider's liability insurance status;

(10) A statement of the agreement to provide services based on good intent and record of previous performance, free of liability except for wilful and intentional misconduct, and that the information in the contract is a true and complete history;

(11) A statement of the consumer agreeing to receive the services based on the understanding that the information in the contract is true and complete, that the consumer agrees not to pursue any form of litigation related to the services, that the consumer is either self-insured or has elected to assume all risks in return for the contracted services, and that no heirs or assigns may intervene to breach the intent of this contract; and

(12) A statement that the consumer, heirs, or assigns shall file any complaints with the provider's licensing or registering authority in lieu of tort litigation.

NEW SECTION. Sec. 6. The department may revoke or deny a registration filed under section 3 of this act if the registrant:

(1) Fails to maintain satisfactory insurance during the period of operation;

(2) Fails to provide clients with the information required in section 5 of this act;

(3) Fails to comply with the certifications made on the registration application; or

(4) Has a history of incidences or complaints indicating a threat to public health or safety.

NEW SECTION. Sec. 7. Any person acting as a guide or outfitter without first having registered with the department under section 3 of this act or after having had his or her registration revoked under section 6 of this act shall be subject to a civil penalty of up to five hundred dollars per violation.

NEW SECTION. Sec. 8. (1) The guides and outfitters' advisory committee is created for the purpose of advising the department on the administration of this chapter. The committee shall be composed of three members with knowledge of the guides and outfitters' business. Members shall be appointed by the director for staggered terms so as to provide continuity in membership. Members shall serve at the pleasure of the director. No member may serve more than five consecutive years.

(2) Members of the committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(3) The committee shall meet only at the request of the director and shall consider only those matters referred to it by the director.

NEW SECTION. Sec. 9. The state of Washington shall be immune from any civil action arising from a registration under this chapter.

NEW SECTION. Sec. 10. This chapter is in addition to the requirements of chapter 91.14 RCW. Nothing in this chapter affects the requirements of chapter 91.14 RCW.

NEW SECTION. Sec. 11. Sections 1 through 4 and 6 through 10 of this act shall constitute a new chapter in Title 18 RCW.