Utah 2023 Regular Session

Utah House Bill HB0237 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 237
	1	+	H.B. 237
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: A. Hoidal 6
	4	+	6 01-18-23 3:54 PM 6
	5	+	H.B. 237
2	6		1 HUNTING MENTOR AMENDMENTS
3	7		2 2023 GENERAL SESSION
4	8		3 STATE OF UTAH
5	9		4 Chief Sponsor: Carl R. Albrecht
6	10		5 Senate Sponsor: Michael K. McKell
7	11		6
8	12		7LONG TITLE
9	13		8General Description:
10	14		9 This bill modifies requirements for using a hunting permit.
11	15		10Highlighted Provisions:
12	16		11 This bill:
13	17		12 <defines terms;
14	18		13 <creates a hunting mentor program;
15	19		14 <describes the circumstances under which a minor may use an adult's permit under
16	20		15the program; and
17	21		16 <makes technical changes.
18	22		17Money Appropriated in this Bill:
19	23		18 None
20	24		19Other Special Clauses:
21	25		20 None
22	26		21Utah Code Sections Affected:
23	27		22AMENDS:
24	28		23 23-19-1, as last amended by Laws of Utah 2017, Chapter 104
25	29		24ENACTS:
26	30		25 23-19-50, Utah Code Annotated 1953
27	31		26
28	32		27Be it enacted by the Legislature of the state of Utah:
	33	+	HB0237 H.B. 237 01-18-23 3:54 PM
	34	+	- 2 -House Committee Amendments 1-26-2023 pf/ah1
29	35		28 Section 1. Section 23-19-1 is amended to read:
30		-	29 23-19-1. Possession of licenses, certificates of registration, permits, and tags H.B. 237 Enrolled Copy
31		-	- 2 -
	36	+	29 23-19-1. Possession of licenses, certificates of registration, permits, and tags
32	37		30required -- Nonassignability -- Exceptions -- Free fishing day -- Nature of licenses,
33	38		31permits, or tags issued by the division.
34	39		32 (1) Except as provided in Subsection (5), a person may not take, hunt, fish, or seine
35	40		33protected wildlife or sell, trade, or barter protected wildlife or wildlife parts unless the person:
36	41		34 (a) procures the necessary licenses, certificates of registration, permits, or tags required
37	42		35under this title, by rule made by the Wildlife Board under this title, or by an order or
38	43		36proclamation issued in accordance with a rule made by the Wildlife Board under this title; and
39	44		37 (b) carries in the person's possession while engaging in the activities described in
40	45		38Subsection (1) the license, certificate of registration, permit, or tag required under this title, by
41	46		39rule made by the Wildlife Board under this title, or by an order or proclamation issued in
42	47		40accordance with a rule made by the Wildlife Board under this title.
43	48		41 (2) Except as provided in Subsection (3) a person may not:
44	49		42 (a) lend, transfer, sell, give, or assign:
45	50		43 (i) a license, certificate of registration, permit, or tag belonging to the person; or
46	51		44 (ii) a right granted by a license, certificate of registration, permit, or tag; or
47	52		45 (b) use or attempt to use a license, certificate of registration, permit, or tag of another
48	53		46person.
49	54		47 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
50	55		48Wildlife Board may, by rule, make exceptions to the prohibitions described in Subsection (2)
51	56		49to:
52	57		50 (a) transport wildlife;
53	58		51 (b) allow a person to take protected wildlife for another person if:
54	59		52 (i) the person possessing the license, certificate of registration, permit, or tag has a
55	60		53permanent physical impairment due to a congenital or acquired injury or disease; and
56	61		54 (ii) the injury or disease described in Subsection (3)(b)(i) results in the person having a
57	62		55disability that renders the person physically unable to use a legal hunting weapon or fishing
58	63		56device;
59		-	57 (c) allow a resident or nonresident minor under 18 years of age to use the resident or Enrolled Copy H.B. 237
	64	+	57 (c) allow a resident º or nonresident » minor under 18 years of age to use the
	65	+	57aresident or nonresident
	66	+	58hunting permit of another person [if:] in accordance with Section 23-19-50; or 01-18-23 3:54 PM H.B. 237
60	67		- 3 -
61		-	58nonresident hunting permit of another person [if:] in accordance with Section 23-19-50; or
62	68		59 [(i) the resident minor is otherwise legally eligible to hunt; and]
63	69		60 [(ii) the permit holder:]
64	70		61 [(A) receives no form of compensation or remuneration for allowing the minor to use
65	71		62the permit;]
66	72		63 [(B) obtains the division's prior written approval to allow the minor to use the permit;
67	73		64and]
68	74		65 [(C) accompanies the minor, for the purposes of advising and assisting during the hunt,
69	75		66at a distance where the permit holder can communicate with the minor, in person, by voice or
70	76		67visual signals; or]
71	77		68 (d) subject to the requirements of Subsection (4), transfer to another person a certificate
72	78		69of registration to harvest brine shrimp and brine shrimp eggs, if the certificate is transferred in
73	79		70connection with the sale or transfer of the brine shrimp harvest operation or harvesting
74	80		71equipment.
75	81		72 (4) A person may transfer a certificate of registration to harvest brine shrimp and brine
76	82		73shrimp eggs if:
77	83		74 (a) the person submits to the division an application to transfer the certificate on a form
78	84		75provided by the division;
79	85		76 (b) the proposed transferee meets all requirements necessary to obtain an original
80	86		77certificate of registration; and
81	87		78 (c) the division approves the transfer of the certificate.
82	88		79 (5) A person is not required to obtain a license, certificate of registration, permit, or tag
83	89		80to:
84	90		81 (a) fish on a free fishing day that the Wildlife Board may establish each year by rule
85	91		82made by the Wildlife Board under this title or by an order or proclamation issued in accordance
86	92		83with a rule made by the Wildlife Board under this title;
87	93		84 (b) fish at a private fish pond operated in accordance with Section 23-15-10; or
88		-	85 (c) hunt birds on a commercial hunting area that the owner or operator is authorized to H.B. 237 Enrolled Copy
89		-	- 4 -
	94	+	85 (c) hunt birds on a commercial hunting area that the owner or operator is authorized to
90	95		86propagate, keep, and release for shooting in accordance with a certificate of registration issued
91	96		87under Section 23-17-6.
92	97		88 (6) (a) A license, permit, tag, or certificate of registration issued under this title, or the
93		-	89rules of the Wildlife Board issued pursuant to authority granted by this title, to take protected
	98	+	89rules of the Wildlife Board issued pursuant to authority granted by this title, to take protected H.B. 237 01-18-23 3:54 PM
	99	+	- 4 -
94	100		90wildlife is:
95	101		91 (i) a privilege; and
96	102		92 (ii) not a right or property for any purpose.
97	103		93 (b) A point or other form of credit issued to, or accumulated by, a person under
98	104		94procedures established by the Wildlife Board in rule to improve the likelihood of obtaining a
99	105		95hunting permit in a division-administered drawing:
100	106		96 (i) may not be transferred, sold, or assigned to another person; and
101	107		97 (ii) is not a right or property for any purpose.
102	108		98 Section 2. Section 23-19-50 is enacted to read:
103	109		99 23-19-50. Hunting Mentor Program.
104	110		100 (1) As used in this section, "immediate family member" means a spouse, child, parent,
105	111		101sibling, grandparent, grandchild, parent-in-law, child-in-law, sibling-in-law, or stepchild.
106	112		102 (2) A resident or nonresident minor under 18 years old may use the hunting permit of
107	113		103another person if:
108	114		104 (a) the permit holder:
109	115		105 (i) receives no form of compensation or remuneration for allowing the minor to use the
110	116		106permit;
111	117		107 (ii) obtains the division's prior written approval to allow the minor to use the permit;
112	118		108and
113	119		109 (iii) accompanies the minor, for the purposes of advising and assisting during the hunt,
114	120		110at a distance where the permit holder can communicate with the minor, in person, by voice or
115	121		111visual signals; and
116	122		112 (b) the minor is otherwise legally eligible to hunt.
117		-	113 (3) If the permit holder dies before the hunt authorized by the permit described in this Enrolled Copy H.B. 237
118		-	- 5 -
	123	+	113 (3) If the permit holder dies before the hunt authorized by the permit described in this
119	124		114section, the minor may use the permit if the minor is:
120	125		115 (a) an immediate family member of the permit holder; and
121	126		116 (b) accompanied by an adult immediate family member while using the permit.
122	127		117 (4) This section does not convey any property interest.
123	128		118 (5) The Wildlife Board shall issue a permit in accordance with this chapter.