H.B. 469
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: P. Owen 6
6 02-14-23 3:40 PM 6
H.B. 469
1 WILDLIFE RELATED AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Casey Snider
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill addresses issues related to wildlife hunting and habitat.
10Highlighted Provisions:
11 This bill:
12 <requires the Division of Wildlife Resources to notify the Division of Professional
13License of a suspension of the privilege to hunt;
14 <addresses hunting with an air rifle;
15 <creates the Wildlife Land and Water Acquisition Fund;
16 <modifies provisions related to cooperative wildlife management units, including
17enacting requirements related to bordering cooperative wildlife management units;
18 <addresses rulemaking by the Division of Professional Licensing;
19 <converts the registration of hunting guides and outfitters to licensing;
20 <addresses when the Division of Professional Licensing is to refuse to issue, refuse to
21renew, or revoke a license; and
22 <makes technical changes.
23Money Appropriated in this Bill:
24 This bill appropriates in Fiscal Year 2024:
25 <to the Department of Natural Resources - Wildlife Land and Water Acquisition
26Fund, as an ongoing appropriation:
27 Cfrom the General Fund, $1,000,000.
*HB0469* H.B. 469 02-14-23 3:40 PM
- 2 -
28Other Special Clauses:
29 This bill provides a special effective date.
30Utah Code Sections Affected:
31AMENDS:
32 23-19-9, as last amended by Laws of Utah 2021, Chapter 57
33 23-19-49, as enacted by Laws of Utah 2022, Chapter 102
34 23-20-33, as enacted by Laws of Utah 2022, Chapter 45
35 23-23-6, as repealed and reenacted by Laws of Utah 1997, Chapter 258
36 23-23-7, as last amended by Laws of Utah 2005, Chapter 112
37 23-23-10, as last amended by Laws of Utah 2000, Chapter 44
38 58-79-101, as last amended by Laws of Utah 2020, Chapters 316, 376
39 58-79-102, as last amended by Laws of Utah 2020, Chapters 316, 376
40 58-79-301, as last amended by Laws of Utah 2020, Chapters 316, 376
41 58-79-302, as last amended by Laws of Utah 2020, Chapters 316, 339 and 376
42 58-79-303, as last amended by Laws of Utah 2020, Chapters 316, 376
43 58-79-304, as last amended by Laws of Utah 2020, Chapters 316, 376
44 58-79-401, as last amended by Laws of Utah 2020, Chapters 316, 376
45 58-79-501, as last amended by Laws of Utah 2020, Chapters 316, 376
46 58-79-502, as last amended by Laws of Utah 2020, Chapters 316, 376
47ENACTS:
48 23-21-8, Utah Code Annotated 1953
49 23-23-15, Utah Code Annotated 1953
50 58-79-103, Utah Code Annotated 1953
51 58-79-201.5, Utah Code Annotated 1953
52
53Be it enacted by the Legislature of the state of Utah:
54 Section 1. Section 23-19-9 is amended to read:
55 23-19-9. Suspension of license or permit privileges -- Suspension of certificates of
56registration.
57 (1) As used in this section:
58 (a) "License or permit privileges" means the privilege of applying for, purchasing, and 02-14-23 3:40 PM H.B. 469
- 3 -
59exercising the benefits conferred by a license or permit issued by the division.
60 (b) "Livestock guardian dog" means the same as that term is defined in Section
6176-6-111.
62 (2) A hearing officer, appointed by the division, may suspend a person's license or
63permit privileges if:
64 (a) in a court of law, the person:
65 (i) is convicted of:
66 (A) violating this title or a rule of the Wildlife Board;
67 (B) killing or injuring domestic livestock or a livestock guardian dog while engaged in
68an activity regulated under this title;
69 (C) violating Section 76-6-111; or
70 (D) violating Section 76-10-508 while engaged in an activity regulated under this title;
71 (ii) enters into a plea in abeyance agreement, in which the person pleads guilty or no
72contest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; or
73 (iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the person
74enters into a diversion agreement which suspends the prosecution of the offense; and
75 (b) the hearing officer determines the person committed the offense intentionally,
76knowingly, or recklessly, as defined in Section 76-2-103.
77 (3) (a) The Wildlife Board shall make rules establishing guidelines that a hearing
78officer shall consider in determining:
79 (i) the type of license or permit privileges to suspend; and
80 (ii) the duration of the suspension.
81 (b) The Wildlife Board shall ensure that the guidelines established under Subsection
82(3)(a) are consistent with Subsections (4), (5), and (6).
83 (4) Except as provided in Subsections (5) and (6), a hearing officer may suspend a
84person's license or permit privileges according to Subsection (2) for a period of time not to
85exceed:
86 (a) seven years for:
87 (i) a felony conviction;
88 (ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is
89held in abeyance pursuant to a plea in abeyance agreement; or H.B. 469 02-14-23 3:40 PM
- 4 -
90 (iii) being charged with an offense punishable as a felony, the prosecution of which is
91suspended pursuant to a diversion agreement;
92 (b) five years for:
93 (i) a class A misdemeanor conviction;
94 (ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor,
95which plea is held in abeyance pursuant to a plea in abeyance agreement; or
96 (iii) being charged with an offense punishable as a class A misdemeanor, the
97prosecution of which is suspended pursuant to a diversion agreement;
98 (c) three years for:
99 (i) a class B misdemeanor conviction;
100 (ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor
101when the plea is held in abeyance according to a plea in abeyance agreement; or
102 (iii) being charged with an offense punishable as a class B misdemeanor, the
103prosecution of which is suspended pursuant to a diversion agreement; and
104 (d) one year for:
105 (i) a class C misdemeanor conviction;
106 (ii) a plea of guilty or no contest to an offense punishable as a class C misdemeanor,
107when the plea is held in abeyance according to a plea in abeyance agreement; or
108 (iii) being charged with an offense punishable as a class C misdemeanor, the
109prosecution of which is suspended according to a diversion agreement.
110 (5) The hearing officer may double a suspension period established in Subsection (4)
111for offenses:
112 (a) committed in violation of an existing suspension or revocation order issued by the
113courts, division, or Wildlife Board; or
114 (b) involving the unlawful taking of a trophy animal, as defined in Section 23-13-2.
115 (6) (a) A hearing officer may suspend, according to Subsection (2), a person's license
116or permit privileges for a particular license or permit only once for each single criminal
117episode, as defined in Section 76-1-401.
118 (b) If a hearing officer addresses two or more single criminal episodes in a hearing, the
119suspension periods of any license or permit privileges of the same type suspended, according to
120Subsection (2), may run consecutively. 02-14-23 3:40 PM H.B. 469
- 5 -
121 (c) If a hearing officer suspends, according to Subsection (2), license or permit
122privileges of the type that have been previously suspended by a court, a hearing officer, or the
123Wildlife Board and the suspension period has not expired, the suspension periods may run
124consecutively.
125 (7) (a) A hearing officer, appointed by the division, may suspend a person's privilege of
126applying for, purchasing, and exercising the benefits conferred by a certificate of registration if:
127 (i) the hearing officer determines the person intentionally, knowingly, or recklessly, as
128defined in Section 76-2-103, violated:
129 (A) this title;
130 (B) a rule or order of the Wildlife Board;
131 (C) the terms of a certificate of registration; or
132 (D) the terms of a certificate of registration application or agreement; or
133 (ii) the person, in a court of law:
134 (A) is convicted of an offense that the hearing officer determines bears a reasonable
135relationship to the person's ability to safely and responsibly perform the activities authorized by
136the certificate of registration;
137 (B) pleads guilty or no contest to an offense that the hearing officer determines bears a
138reasonable relationship to the person's ability to safely and responsibly perform the activities
139authorized by the certificate of registration, and the plea is held in abeyance in accordance with
140a plea in abeyance agreement; or
141 (C) is charged with an offense that the hearing officer determines bears a reasonable
142relationship to the person's ability to safely and responsibly perform the activities authorized by
143the certificate of registration, and prosecution of the offense is suspended in accordance with a
144diversion agreement.
145 (b) All certificates of registration for the harvesting of brine shrimp eggs, as defined in
146Section 59-23-3, shall be suspended by a hearing officer, if the hearing officer determines the
147holder of the certificates of registration has violated Section 59-23-5.
148 (8) (a) The director shall appoint a qualified person as a hearing officer to perform the
149adjudicative functions provided in this section.
150 (b) The director may not appoint a division employee who investigates or enforces
151wildlife violations. H.B. 469 02-14-23 3:40 PM
- 6 -
152 (9) (a) The courts may suspend, in criminal sentencing, a person's privilege to apply
153for, purchase, or exercise the benefits conferred by a license, permit, or certificate of
154registration.
155 (b) The courts shall promptly notify the division of any suspension orders or
156recommendations entered.
157 (c) The division, upon receiving notification of suspension from the courts, shall
158prohibit the person from applying for, purchasing, or exercising the benefits conferred by a
159license, permit, or certification of registration for the duration and of the type specified in the
160court order.
161 (d) The hearing officer shall consider any recommendation made by a sentencing court
162concerning suspension before issuing a suspension order.
163 (10) (a) A person may not apply for, purchase, possess, or attempt to exercise the
164benefits conferred by any permit, license, or certificate of registration specified in an order of
165suspension while that order is in effect.
166 (b) Any license possessed or obtained in violation of the order shall be considered
167invalid.
168 (c) A person who violates Subsection (10)(a) is guilty of a class B misdemeanor.
169 (11) Before suspension under this section, a person shall be:
170 (a) given written notice of any action the division intends to take; and
171 (b) provided with an opportunity for a hearing.
172 (12) (a) A person may file an appeal of a hearing officer's decision with the Wildlife
173Board.
174 (b) The Wildlife Board shall review the hearing officer's findings and conclusions and
175any written documentation submitted at the hearing.
176 (c) The Wildlife Board may:
177 (i) take no action;
178 (ii) vacate or remand the decision; or
179 (iii) amend the period or type of suspension.
180 (13) The division shall suspend and reinstate all hunting, fishing, trapping, and
181falconry privileges consistent with Title 23, Chapter 25, Wildlife Violator Compact.
182 (14) Within 30 days after the day on which an individual's privilege to hunt is 02-14-23 3:40 PM H.B. 469
- 7 -
183suspended under this title, the division shall report to the Division of Professional Licensing
184the:
185 (a) identifying information for the individual; and
186 (b) time period of the suspension.
187 [(14)] (15) The Wildlife Board may make rules to implement this section in accordance
188with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
189 Section 2. Section 23-19-49 is amended to read:
190 23-19-49. Air rifle hunting.
191 (1) As used in this section:
192 (a) "Division" means the Division of Wildlife Resources.
193 (b) "Pre-charged pneumatic air rifle" means a rifle that fires a single projectile with
194compressed air released from a chamber:
195 (i) built into the rifle; and
196 (ii) pressurized at a minimum of 2,000 pounds per square inch from an external high
197compression device or source, such as a hand pump, compressor, or scuba tank.
198 (2) [(a)] An individual [shall obtain a permit issued under this section before using]
199may use a pre-charged pneumatic air rifle to hunt:
200 (a) a species of protected wildlife designated by the Wildlife Board;
201 (b) a cottontail rabbit;
202 (c) a snowshoe hare; or
203 (d) a turkey, with a fall turkey permit.
204 [(b) The Wildlife Board shall by rule, made in accordance with Title 63G, Chapter 3,
205Utah Administrative Rulemaking Act, designate which species of wildlife may be hunted with
206the use of a pre-charged pneumatic air rifle.]
207 (3) The division shall review [the funding available for the regulation of] available
208funding to pay the costs of regulating hunting with pre-charged pneumatic air rifles, including
209eligibility for federal excise taxes, and report the division's findings to the Natural Resources,
210Agriculture, and Environment Interim Committee by no later than the November 2024 interim
211committee meeting.
212 Section 3. Section 23-20-33 is amended to read:
213 23-20-33. Limitation on compensating people to locate big game animals. H.B. 469 02-14-23 3:40 PM
- 8 -
214 (1) As used in this section:
215 (a) "Compensate" or "compensated" means anything of value in excess of $25 that is
216paid, loaned, given, granted, donated, or transferred to a person for or in consideration of
217locating or monitoring the location of big game animals.
218 (b) "Retain" or "retained" means a written or oral agreement for the delivery of
219outfitting services or hunting guide services between an outfitter or hunting guide and the
220recipient of those services.
221 (2) Except as provided in Subsections (3) and (4), a person may not compensate
222another person to locate or monitor the location of big game animals on public land in
223connection with or furtherance of taking a big game animal under this title.
224 (3) A person may compensate a [registered] licensed outfitter or hunting guide, as
225defined in Section 58-79-102, to help the person locate and take a big game animal on public
226land if:
227 (a) the outfitter or hunting guide is [registered] licensed and in good standing under
228[Title 58, Chapter 79, Hunting Guides and Outfitters Registration Act] Title 58, Chapter 79,
229Hunting Guides and Outfitters Licensing Act;
230 (b) the person has retained the outfitter or hunting guide and is the recipient of the
231outfitting services and hunting guide services, as defined in Section 58-79-102;
232 (c) the person possesses the licenses and permits required to take a big game animal;
233 (d) the person retains and uses not more than one outfitter or hunting guide in
234connection with taking a big game animal; and
235 (e) the retained outfitter or hunting guide uses no more than one compensated
236individual in locating or monitoring the location of big game animals on public land.
237 (4) A [registered] licensed outfitter or hunting guide in good standing may compensate
238another person to locate or monitor the location of big game animals on public land if:
239 (a) the outfitter or hunting guide has been retained by the recipient of the outfitting
240services or hunting guide services to assist the recipient take a big game animal on public land;
241 (b) the recipient possesses the licenses and permits required to take a big game animal;
242 (c) the recipient is not simultaneously using another outfitter or hunting guide to assist
243in taking the same species and sex of big game animal; and
244 (d) the outfitter or hunting guide compensates not more than one other individual to 02-14-23 3:40 PM H.B. 469
- 9 -
245locate or monitor the location of big game animals in connection with assisting the recipient
246take a big game animal on public land.
247 (5) A violation of:
248 (a) this section constitutes an unlawful take under Section 23-20-3; and
249 (b) Subsection (4) constitutes unlawful conduct under Sections 58-1-501, 58-1-502,
250and 58-79-501.
251 Section 4. Section 23-21-8 is enacted to read:
252 23-21-8. Wildlife Land and Water Acquisition Fund.
253 (1) As used in this section, "fund" means the Wildlife Land and Water Acquisition
254Fund created in Subsection (2).
255 (2) There is created an expendable special revenue fund known as the "Wildlife Land
256and Water Acquisition Fund."
257 (3) The fund consists of:
258 (a) money appropriated to the fund by the Legislature;
259 (b) contributions, grants, gifts, transfers, bequests, and donations to the fund accepted
260by the division and specifically directed to the fund;
261 (c) revenue from the division disposing of personal or real property owned by the
262division and not deposited into the Wildlife Resources Account under Section 23-20-1; and
263 (d) interest and earnings of the fund.
264 (4) (a) The fund shall earn interest and other earnings.
265 (b) The interest and earnings described in Subsection (4)(a) shall be deposited into the
266fund.
267 (5) The division shall use money in the fund to acquire land or water assets that
268achieve one or more of the following:
269 (a) protect and enhance wildlife populations;
270 (b) provide the public the opportunity to hunt, trap, or fish; and
271 (c) conserve, protect, and enhance wildlife habitat.
272 (6) The division shall annually report to the Natural Resources, Agriculture, and
273Environmental Quality Appropriations Subcommittee regarding:
274 (a) the amount of money in the fund;
275 (b) the amount of money received from each source of money for the fund; and H.B. 469 02-14-23 3:40 PM
- 10 -
276 (c) how the money in the fund is expended by the division.
277 Section 5. Section 23-23-6 is amended to read:
278 23-23-6. Season dates -- Boundaries -- Review by councils and board.
279 (1) The Wildlife Board shall establish season dates and boundaries for each
280cooperative wildlife management unit except as provided in Subsection (2).
281 (2) (a) A season date for a cooperative wildlife management unit that provides one
282buck deer permit or more per every 640 acres shall begin on September 1 and end on October
28331.
284 (b) A cooperative wildlife management unit that provides less than one buck deer
285permit per every 640 acres may select the following season date options:
286 (i) beginning on September 1 and ending on October 31; or
287 (ii) beginning on September 11 and ending on November 10.
288 (c) In accordance with Subsection 23-14-18(3), if the season dates specified in this
289Subsection (2) start on a Sunday, the season date shall begin on the Saturday before.
290 [(2)] (3) Season dates may differ from general statewide season dates.
291 [(3)] (4) At least every five years, cooperative wildlife management units containing
292public land will be reviewed by the regional advisory councils and the Wildlife Board.
293 Section 6. Section 23-23-7 is amended to read:
294 23-23-7. Permits -- Acreage and lands that may be included -- Posting of
295boundaries.
296 (1) The division shall provide cooperative wildlife management unit authorizations for
297hunting small game or waterfowl to the cooperative wildlife management unit, free of charge.
298 (2) At least 50% of the cooperative wildlife management unit authorizations for
299hunting small game or waterfowl provided to a cooperative wildlife management unit shall be
300offered for sale to the general public at the times and places designated on the application for a
301certificate of registration.
302 (3) (a) Cooperative wildlife management units organized for hunting small game or
303waterfowl shall consist of private land.
304 (b) At least 75% of the acreage within the boundaries of each cooperative wildlife
305management unit organized for the hunting of small game or waterfowl shall be open to
306hunting by holders of valid authorizations. 02-14-23 3:40 PM H.B. 469
- 11 -
307 (4) (a) The Wildlife Board may establish the maximum number of permits that may be
308issued per acre, except as provided in Subsection (4)(b).
309 (b) A cooperative wildlife management unit shall issue one buck deer permit or less
310per every 320 acres to be eligible to receive buck deer permits.
311 [(4)] (5) (a) The division may issue cooperative wildlife management unit permits for
312hunting cougar, turkey, or big game to permittees:
313 (i) qualifying through a public drawing; or
314 (ii) named by the cooperative wildlife management unit operator.
315 (b) The Wildlife Board may specify by rule those persons who are eligible to draw a
316cooperative wildlife management unit permit in a public drawing.
317 [(5)] (6) (a) Cooperative wildlife management units organized for hunting cougar,
318turkey, or big game shall consist of private land to the extent practicable. Public land may be
319included within a cooperative wildlife management unit if:
320 (i) the public land is completely surrounded by private land or is otherwise inaccessible
321to the general public;
322 (ii) including public land is necessary to establish a readily identifiable boundary; or
323 (iii) including public land is necessary to achieve cougar, turkey, or big game
324management objectives.
325 (b) If any public land is included within a cooperative wildlife management unit:
326 (i) the landowner association shall meet applicable federal or state land use
327requirements on the public land; and
328 (ii) the Wildlife Board shall increase the number of permits or hunting opportunities
329made available to the general public to reflect the proportion of public lands to private lands
330within the cooperative wildlife management unit.
331 [(6)] (7) Each landowner association shall:
332 (a) clearly post all boundaries of the unit by displaying signs containing information
333prescribed by rule of the Wildlife Board at the locations specified in Subsection
33423-20-14(1)(d); and
335 (b) provide a written copy of its guidelines to each holder of an authorization or permit.
336 Section 7. Section 23-23-10 is amended to read:
337 23-23-10. Possession of permits and licenses by hunter -- Restrictions. H.B. 469 02-14-23 3:40 PM
- 12 -
338 (1) A person may not hunt in a cooperative wildlife management unit without having in
339his or her possession:
340 (a) a valid cooperative wildlife management unit authorization or permit or other
341permit as authorized by the wildlife board; and
342 (b) the necessary hunting licenses, tags, and stamps.
343 (2) A cooperative wildlife management unit authorization or permit:
344 (a) entitles the holder to hunt only in the unit specified on the authorization or permit
345pursuant to rules and proclamations of the Wildlife Board and does not entitle the holder to
346hunt on any other private or public land; and
347 (b) constitutes written permission for trespass as required under Section 23-20-14.
348 (3) A cooperative wildlife management unit may address the number of individuals a
349cooperative wildlife management unit permit holder may select as companions, except that a
350cooperative wildlife management unit shall allow, at a minimum, one companion to
351accompany free of charge the cooperative wildlife management unit permit holder.
352 Section 8. Section 23-23-15 is enacted to read:
353 23-23-15. Bordering cooperative wildlife management units.
354 (1) The division shall create one or more strategies to align management practices
355between cooperative wildlife management units that border each other.
356 (2) (a) The division shall include the strategies described in Subsection (1) within a
357state management plan for cooperative wildlife management units.
358 (b) The state management plan for cooperative wildlife management units is subject to
359the approval of the Wildlife Board.
360 (3) The strategies described in Subsection (1) shall provide a way for bordering
361cooperative wildlife management units to manage wildlife populations in a manner that does
362not negatively impact the goals of each cooperative wildlife management unit.
363 Section 9. Section 58-79-101 is amended to read:
364 CHAPTER 79. HUNTING GUIDES AND OUTFITTERS LICENSING ACT
365 Part 1. General Provisions
366 58-79-101. Title.
367 This chapter is known as the "Hunting Guides and Outfitters [Registration] Licensing
368Act." 02-14-23 3:40 PM H.B. 469
- 13 -
369 Section 10. Section 58-79-102 is amended to read:
370 58-79-102. Definitions.
371 In addition to the definitions in Section 58-1-102, as used in this chapter:
372 (1) "Board" means the Hunting Guides and Outfitters Licensing Board created in
373Section 58-79-201.5.
374 (2) "Compensation" means anything of economic value in excess of $100 that is paid,
375loaned, granted, given, donated, or transferred to a hunting guide or outfitter for or in
376consideration of personal services, materials, or property.
377 [(2)] (3) "Hunting" means to locate, pursue, chase, catch, capture, trap, or kill wildlife.
378 [(3)] (4) "Hunting guide" means an individual who:
379 (a) offers or provides hunting guide services on public lands for compensation; and
380 (b) is retained for compensation by an outfitter.
381 [(4)] (5) "Hunting guide services" means to guide, lead, or assist an individual in
382hunting wildlife.
383 [(5)] (6) "Outfitter" means an individual who offers or provides outfitting or hunting
384guide services for compensation to another individual for hunting wildlife on public lands.
385 [(6)] (7) (a) "Outfitting services" means providing, for hunting wildlife on public lands:
386 (i) transportation of people, equipment, supplies, or wildlife to or from a location;
387 (ii) packing, protecting, or supervising services; or
388 (iii) hunting guide services.
389 (b) "Outfitting services" does not include activities undertaken by the Division of
390Wildlife Resources or its employees, associates, volunteers, contractors, or agents under
391authority granted in Title 23, Wildlife Resources Code of Utah.
392 [(7)] (8) (a) "Public lands" means any lands owned by the United States, the state, or a
393political subdivision or independent entity of the state that are open to the public for purposes
394of engaging in a wildlife related activity.
395 (b) "Public lands" does not include lands owned by the United States, the state, or a
396political subdivision or independent entity of the state that are included in a cooperative
397wildlife management unit under Subsection 23-23-7(5) so long as the guiding and outfitting
398services furnished by the cooperative wildlife management unit are limited to hunting species
399of wildlife specifically authorized by the Division of Wildlife Resources in the unit's H.B. 469 02-14-23 3:40 PM
- 14 -
400management plan.
401 [(8)] (9) "Wildlife" means cougar, bear, and big game animals as defined in Subsection
40223-13-2(6).
403 Section 11. Section 58-79-103 is enacted to read:
404 58-79-103. Hunting guide and outfitter rules.
405 Before enacting, amending, repealing, or otherwise modifying a rule made under this
406chapter, in addition to complying with Section 58-1-106 and Title 63G, Chapter 3, Utah
407Administrative Rulemaking Act, the division shall consult with the Division of Wildlife
408Resources.
409 Section 12. Section 58-79-201.5 is enacted to read:
410 Part 2. Hunting Guides and Outfitters Licensing Board
411 58-79-201.5. Board.
412 (1) There is created the Hunting Guides and Outfitters Licensing Board consisting of
413five members as follows:
414 (a) three persons licensed as a hunting guide or an outfitter in accordance with this
415chapter;
416 (b) one member of the Wildlife Board, created in Section 23-14-2, selected by the
417Wildlife Board; and
418 (c) one person appointed by the Wildlife Board.
419 (2) Except for the two members selected by the Wildlife Board, the board shall be
420appointed and serve in accordance with Section 58-1-201.
421 (3) The two members selected by the Wildlife Board may not hold a license regulated
422by this chapter.
423 (4) (a) The duties of the board shall be in accordance with Sections 58-1-202 and
42458-1-203.
425 (b) The board shall designate one of the board's members on a permanent or rotating
426basis to:
427 (i) assist the division in reviewing complaints concerning the unlawful or
428unprofessional conduct of hunting guides and outfitters; and
429 (ii) advise the division in the division's investigations of the complaints described in
430Subsection (4)(b)(i). 02-14-23 3:40 PM H.B. 469
- 15 -
431 (5) A board member who has, under Subsection (4)(b), reviewed a complaint or
432advised in the division's investigation may be disqualified from participating with the board
433when the board serves as a presiding officer in an adjudicative proceeding concerning the
434complaint.
435 Section 13. Section 58-79-301 is amended to read:
436 Part 3. Licensing
437 58-79-301. Licensure required.
438 (1) Beginning July 1, [2021] 2023, and except as provided in Sections 58-1-307 and
43958-79-304, [in order] a license is required to provide the services of a hunting guide or
440outfitter[, an individual is required to register with the division under the provisions of this
441chapter].
442 (2) The division shall issue to an individual who qualifies under [the provisions of] this
443chapter a [registration] license in the classification of:
444 (a) hunting guide; or
445 (b) outfitter.
446 (3) The division shall maintain a record of each individual who is [registered] licensed
447with the division as a hunting guide or outfitter.
448 Section 14. Section 58-79-302 is amended to read:
449 58-79-302. Qualifications for a license.
450 (1) [To register] An applicant for licensure as a hunting guide [an individual] shall:
451 (a) submit an application in a form prescribed by the division;
452 (b) pay a fee determined by the department under Section 63J-1-504; [and]
453 (c) possess a high degree of skill and ability as a hunting guide;
454 (d) successfully complete basic education and training requirements established by rule
455by the division in collaboration with the board;
456 (e) meet with the division and board if requested by the division or board; and
457 [(c)] (f) in a form prescribed by the division, submit proof that the individual is
458covered by liability insurance when providing services as a hunting guide that is issued by an
459insurance company or association authorized to transact business in the state in an amount
460determined by division rule made in accordance with Title 63G, Chapter 3, Utah
461Administrative Rulemaking Act. H.B. 469 02-14-23 3:40 PM
- 16 -
462 (2) [To register] An applicant for licensure as an outfitter [an individual] shall:
463 (a) submit an application in a form prescribed by the division;
464 (b) pay a fee determined by the department under Section 63J-1-504; [and]
465 (c) possess a high degree of skill and ability as an outfitter;
466 (d) successfully complete basic education and training requirements established by rule
467by the division in collaboration with the board;
468 (e) meet with the division and board if requested by the division or board; and
469 [(c)] (f) in a form prescribed by the division, submit proof that the individual is
470covered by liability insurance when providing services as an outfitter that is issued by an
471insurance company or association authorized to transact business in the state in an amount
472determined by division rule made in accordance with Title 63G, Chapter 3, Utah
473Administrative Rulemaking Act.
474 Section 15. Section 58-79-303 is amended to read:
475 58-79-303. Term of license -- Expiration -- Renewal.
476 (1) (a) The division shall issue each [registration] license under this chapter in
477accordance with a two-year renewal cycle established by rule.
478 (b) The division may by rule extend or shorten a renewal cycle by as much as one year
479to stagger the renewal cycle the division administers.
480 (2) Each [registration] license automatically expires on the expiration date shown on
481the [registration unless the registrant renews the registration in the same manner as a licensee
482renews a license under] license unless the licensee renews the license in accordance with
483Section 58-1-308.
484 Section 16. Section 58-79-304 is amended to read:
485 58-79-304. Exemptions from license.
486 The exemptions from [registration] licensure under this chapter are limited to:
487 (1) those set forth for a licensee in Section 58-1-307; and
488 (2) an employee or subordinate of a hunting guide or outfitter if:
489 (a) the employee or subordinate does not use the title of hunting guide or outfitter or is
490not directly represented to the public to be legally qualified to engage in the practice of being a
491hunting guide or outfitter before the public in this state[.]; and
492 (b) the employee's or subordinate's duties do not include responsible charge. 02-14-23 3:40 PM H.B. 469
- 17 -
493 Section 17. Section 58-79-401 is amended to read:
494 Part 4. Licensing Denial and Discipline
495 58-79-401. Grounds for denial of licensure -- Disciplinary proceedings.
496 (1) Grounds for refusing to issue a [registration] license to an applicant, for
497refusing to renew the [registration of a registrant] license of a licensee, for revoking,
498suspending, restricting, or placing on probation the [registration of a registrant] license of a
499licensee, for issuing a public or private reprimand to a [registrant] licensee, and for issuing a
500cease and desist order under this chapter shall be in accordance with [the provisions applicable
501to a licensee under] Section 58-1-401.
502 (2) (a) The division shall refuse to issue a license to an applicant and shall refuse to
503renew or shall revoke the license of a licensee during the time period the Division of Wildlife
504Resources suspends the applicant's or licensee's privilege to hunt under Title 23, Wildlife
505Resources Code of Utah.
506 (b) If the Division of Wildlife Resources suspends the privilege to hunt under Title 23,
507Wildlife Resources Code of Utah, of the chief executive officer of an entity under which an
508applicant or licensee provides hunting guide services or outfitting services, during the time
509period that the chief executive officer's privilege to hunt is suspended, the division shall refuse
510to issue a license to the applicant and shall refuse to renew or shall revoke the license of the
511licensee.
512 (c) If the Division of Wildlife Resources suspends the privilege to hunt under Title 23,
513Wildlife Resources Code of Utah, of a licensee under which an applicant or licensee provides
514hunting guide services or outfitting services, during the time period that the licensee's privilege
515to hunt is suspended, the division shall refuse to issue a license to the applicant and shall refuse
516to renew or shall revoke the license of the licensee.
517 Section 18. Section 58-79-501 is amended to read:
518 Part 5. Unlawful and Unprofessional Conduct
519 58-79-501. Unlawful conduct.
520 "Unlawful conduct" includes, in addition to the definition in Section 58-1-501, using
521the title "hunting guide" or "outfitter" or any other title or designation to indicate that the
522individual is a hunting guide or outfitter or acting as a hunting guide or outfitter, unless the
523individual [is currently registered] has a current license as a hunting guide or outfitter under H.B. 469 02-14-23 3:40 PM
- 18 -
524this chapter.
525 Section 19. Section 58-79-502 is amended to read:
526 58-79-502. Unprofessional conduct.
527 "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501,
528and as may be further defined by division rule:
529 (1) engaging in an activity that would place a [registrant's] licensee's client, prospective
530client, or third party's safety at risk, recognizing the inherent risks associated with hunting
531wildlife and the activity engaged in being above and beyond those inherent risks;
532 (2) using false, deceptive, or misleading advertising related to providing services as a
533hunting guide or outfitter;
534 (3) misrepresenting services, outcomes, facilities, equipment, or fees to a client or
535prospective client; and
536 (4) failing to provide the division with active and current contact information within 30
537days of any changes to the [registrant's] licensee's contact information that was provided to the
538division during [registration] licensure or the renewal of [registration] a license as a hunting
539guide or outfitter.
540 Section 20. Appropriation.
541 The following sums of money are appropriated for the fiscal year beginning July 1,
5422023, and ending June 30, 2024. These are additions to amounts previously appropriated for
543fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
544Act, the Legislature appropriates the following sums of money from the funds or accounts
545indicated for the use and support of the government of the state of Utah.
546ITEM 1
547To Department of Natural Resources -- Wildlife Land and Water Acquisition Fund
548 From General Fund 1,000,000
549 Schedule of Programs:
550 Wildlife Land and Water Acquisition Fund 1,000,000
551 Section 21. Effective date.
552 (1) Except as provided in Subsection (2), this bill takes effect on May 3, 2023.
553 (2) The actions affecting the following sections take effect on August 1, 2024:
554 (a) Section 23-23-6; 02-14-23 3:40 PM H.B. 469
- 19 -
555 (b) Section 23-23-7;
556 (c) Section 23-23-10; and
557 (d) Section 23-23-15.