Utah 2023 Regular Session

Utah House Bill HB0469 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 469
	1	+	3rd Sub. H.B. 469
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: P. Owen 6
	4	+	6 03-01-23 2:44 PM 6
	5	+	H.B. 469
	6	+	3rd Sub. (Cherry)
	7	+	Senator Scott D. Sandall proposes the following substitute bill:
2	8		1 WILDLIFE RELATED AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Casey Snider
6	12		5 Senate Sponsor: Scott D. Sandall
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill addresses issues related to wildlife hunting, fishing, and habitat.
11	17		10Highlighted Provisions:
12	18		11 This bill:
13	19		12 <requires the Division of Wildlife Resources to notify the Division of Professional
14	20		13License of a suspension of the privilege to hunt or fish;
15	21		14 <addresses hunting with an air rifle;
16	22		15 <addresses the taking of cougars;
17	23		16 <modifies provisions related to use of trail cameras;
18	24		17 <creates the Wildlife Land and Water Acquisition Program;
19	25		18 <modifies provisions related to cooperative wildlife management units;
20	26		19 <addresses rulemaking by the Division of Professional Licensing;
21	27		20 <addresses when the Division of Professional Licensing is to refuse to issue, refuse to
22	28		21renew, or revoke a registration related to hunting guides and outfitters;
23	29		22 <provides for certain fees; and
24	30		23 <makes technical changes.
25	31		24Money Appropriated in this Bill:
26	32		25 This bill appropriates in fiscal year 2024:
	33	+	HB0469S03 3rd Sub. (Cherry) H.B. 469 03-01-23 2:44 PM
	34	+	- 2 -
27	35		26 <to the Department of Natural Resources - Wildlife Land and Water Acquisition
28	36		27Program, as an ongoing appropriation:
29	37		28 Cfrom the General Fund, $1,000,000.
30		-	29Other Special Clauses: H.B. 469 Enrolled Copy
31		-	- 2 -
	38	+	29Other Special Clauses:
32	39		30 This bill provides a special effective date.
33	40		31Utah Code Sections Affected:
34	41		32AMENDS:
35	42		33 23-13-18, as last amended by Laws of Utah 2021, Chapter 177
36	43		34 23-19-9, as last amended by Laws of Utah 2021, Chapter 57
37	44		35 23-19-17, as last amended by Laws of Utah 2007, Chapter 187
38	45		36 23-19-22.5, as last amended by Laws of Utah 2007, Chapter 187
39	46		37 23-19-24, as last amended by Laws of Utah 2007, Chapter 187
40	47		38 23-19-26, as last amended by Laws of Utah 2007, Chapter 187
41	48		39 23-19-47, as last amended by Laws of Utah 2007, Chapter 187
42	49		40 23-19-49, as enacted by Laws of Utah 2022, Chapter 102
43	50		41 23-23-2, as last amended by Laws of Utah 2005, Chapter 112
44	51		42 23-23-3, as last amended by Laws of Utah 2005, Chapter 112
45	52		43 23-23-6, as repealed and reenacted by Laws of Utah 1997, Chapter 258
46	53		44 23-23-7, as last amended by Laws of Utah 2005, Chapter 112
47	54		45 23-23-10, as last amended by Laws of Utah 2000, Chapter 44
48	55		46 58-79-401, as last amended by Laws of Utah 2020, Chapters 316, 376
49	56		47 63J-1-602.2, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
50	57		48242, and 447 and last amended by Coordination Clause, Laws of Utah 2022,
51	58		49Chapter 154
52	59		50ENACTS:
53	60		51 23-21-8, Utah Code Annotated 1953
54	61		52 58-79-103, Utah Code Annotated 1953
55	62		53Uncodified Material Affected:
56	63		ENACTS UNCODIFIED MATERIAL
57	64		54
58		-	55Be it enacted by the Legislature of the state of Utah:
59		-	56 Section 1. Section 23-13-18 is amended to read: Enrolled Copy H.B. 469
	65	+	55Be it enacted by the Legislature of the state of Utah: 03-01-23 2:44 PM 3rd Sub. (Cherry) H.B. 469
60	66		- 3 -
	67	+	56 Section 1. Section 23-13-18 is amended to read:
61	68		57 23-13-18. Use of a computer or other device to remotely hunt wildlife prohibited
62	69		58-- Trail cameras.
63	70		59 (1) A person may not use a computer or other device to remotely control the aiming
64	71		60and discharge of a firearm or other weapon for hunting an animal.
65	72		61 (2) A person who violates Subsection (1) is guilty of a class A misdemeanor.
66	73		62 (3) (a) As used in this Subsection (3), "trail camera" means a device that is not held or
67	74		63manually operated by a person and is [used to capture] capable of capturing images, video, or
68	75		64location data of wildlife using heat or motion to trigger the device.
69	76		65 (b) A trail camera using internal data storage and not capable of transmitting data is
70	77		66permitted for use on private lands for the purposes of taking protected wildlife.
71	78		67 (c) A trail camera may not be used to take wildlife on public land during the period
72	79		68beginning on July 31 and ending on December 31.
73	80		69 (d) A trail camera is prohibited on public land during the period beginning on July 31
74	81		70and ending on December 31, except for use by:
75	82		71 (i) the division for monitoring or research;
76	83		72 (ii) a land management agency in the course of the land management agency's regular
77	84		73duties;
78	85		74 (iii) any of the following conducting research in conjunction with the division:
79	86		75 (A) a non-governmental organization;
80	87		76 (B) an educational institution; or
81	88		77 (C) other person;
82	89		78 (iv) monitoring active agricultural operations including the take of a bear or cougar that
83	90		79is causing livestock depredation; or
84	91		80 (v) a municipality participating in a program addressing urban deer.
85	92		81 [(b)] (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
86	93		82Act, the Wildlife Board [shall] may make rules regulating the use of trail cameras.
87	94		83 [(c) The division shall provide an annual report to the Natural Resources, Agriculture,
88		-	84and Environment Interim Committee regarding rules made or changed in accordance with this H.B. 469 Enrolled Copy
	95	+	84and Environment Interim Committee regarding rules made or changed in accordance with this
	96	+	85Subsection (3).]
	97	+	86 Section 2. Section 23-19-9 is amended to read: 3rd Sub. (Cherry) H.B. 469 03-01-23 2:44 PM
89	98		- 4 -
90		-	85Subsection (3).]
91		-	86 Section 2. Section 23-19-9 is amended to read:
92	99		87 23-19-9. Suspension of license or permit privileges -- Suspension of certificates of
93	100		88registration.
94	101		89 (1) As used in this section:
95	102		90 (a) "License or permit privileges" means the privilege of applying for, purchasing, and
96	103		91exercising the benefits conferred by a license or permit issued by the division.
97	104		92 (b) "Livestock guardian dog" means the same as that term is defined in Section
98	105		9376-6-111.
99	106		94 (2) A hearing officer, appointed by the division, may suspend a person's license or
100	107		95permit privileges if:
101	108		96 (a) in a court of law, the person:
102	109		97 (i) is convicted of:
103	110		98 (A) violating this title or a rule of the Wildlife Board;
104	111		99 (B) killing or injuring domestic livestock or a livestock guardian dog while engaged in
105	112		100an activity regulated under this title;
106	113		101 (C) violating Section 76-6-111; or
107	114		102 (D) violating Section 76-10-508 while engaged in an activity regulated under this title;
108	115		103 (ii) enters into a plea in abeyance agreement, in which the person pleads guilty or no
109	116		104contest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; or
110	117		105 (iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the person
111	118		106enters into a diversion agreement which suspends the prosecution of the offense; and
112	119		107 (b) the hearing officer determines the person committed the offense intentionally,
113	120		108knowingly, or recklessly, as defined in Section 76-2-103.
114	121		109 (3) (a) The Wildlife Board shall make rules establishing guidelines that a hearing
115	122		110officer shall consider in determining:
116	123		111 (i) the type of license or permit privileges to suspend; and
117		-	112 (ii) the duration of the suspension. Enrolled Copy H.B. 469
118		-	- 5 -
	124	+	112 (ii) the duration of the suspension.
119	125		113 (b) The Wildlife Board shall ensure that the guidelines established under Subsection
120	126		114(3)(a) are consistent with Subsections (4), (5), and (6).
121	127		115 (4) Except as provided in Subsections (5) and (6), a hearing officer may suspend a
122	128		116person's license or permit privileges according to Subsection (2) for a period of time not to
123		-	117exceed:
	129	+	117exceed: 03-01-23 2:44 PM 3rd Sub. (Cherry) H.B. 469
	130	+	- 5 -
124	131		118 (a) seven years for:
125	132		119 (i) a felony conviction;
126	133		120 (ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is
127	134		121held in abeyance pursuant to a plea in abeyance agreement; or
128	135		122 (iii) being charged with an offense punishable as a felony, the prosecution of which is
129	136		123suspended pursuant to a diversion agreement;
130	137		124 (b) five years for:
131	138		125 (i) a class A misdemeanor conviction;
132	139		126 (ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor,
133	140		127which plea is held in abeyance pursuant to a plea in abeyance agreement; or
134	141		128 (iii) being charged with an offense punishable as a class A misdemeanor, the
135	142		129prosecution of which is suspended pursuant to a diversion agreement;
136	143		130 (c) three years for:
137	144		131 (i) a class B misdemeanor conviction;
138	145		132 (ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor
139	146		133when the plea is held in abeyance according to a plea in abeyance agreement; or
140	147		134 (iii) being charged with an offense punishable as a class B misdemeanor, the
141	148		135prosecution of which is suspended pursuant to a diversion agreement; and
142	149		136 (d) one year for:
143	150		137 (i) a class C misdemeanor conviction;
144	151		138 (ii) a plea of guilty or no contest to an offense punishable as a class C misdemeanor,
145	152		139when the plea is held in abeyance according to a plea in abeyance agreement; or
146		-	140 (iii) being charged with an offense punishable as a class C misdemeanor, the H.B. 469 Enrolled Copy
147		-	- 6 -
	153	+	140 (iii) being charged with an offense punishable as a class C misdemeanor, the
148	154		141prosecution of which is suspended according to a diversion agreement.
149	155		142 (5) The hearing officer may double a suspension period established in Subsection (4)
150	156		143for offenses:
151	157		144 (a) committed in violation of an existing suspension or revocation order issued by the
152	158		145courts, division, or Wildlife Board; or
153	159		146 (b) involving the unlawful taking of a trophy animal, as defined in Section 23-13-2.
154	160		147 (6) (a) A hearing officer may suspend, according to Subsection (2), a person's license
155		-	148or permit privileges for a particular license or permit only once for each single criminal
	161	+	148or permit privileges for a particular license or permit only once for each single criminal 3rd Sub. (Cherry) H.B. 469 03-01-23 2:44 PM
	162	+	- 6 -
156	163		149episode, as defined in Section 76-1-401.
157	164		150 (b) If a hearing officer addresses two or more single criminal episodes in a hearing, the
158	165		151suspension periods of any license or permit privileges of the same type suspended, according to
159	166		152Subsection (2), may run consecutively.
160	167		153 (c) If a hearing officer suspends, according to Subsection (2), license or permit
161	168		154privileges of the type that have been previously suspended by a court, a hearing officer, or the
162	169		155Wildlife Board and the suspension period has not expired, the suspension periods may run
163	170		156consecutively.
164	171		157 (7) (a) A hearing officer, appointed by the division, may suspend a person's privilege of
165	172		158applying for, purchasing, and exercising the benefits conferred by a certificate of registration if:
166	173		159 (i) the hearing officer determines the person intentionally, knowingly, or recklessly, as
167	174		160defined in Section 76-2-103, violated:
168	175		161 (A) this title;
169	176		162 (B) a rule or order of the Wildlife Board;
170	177		163 (C) the terms of a certificate of registration; or
171	178		164 (D) the terms of a certificate of registration application or agreement; or
172	179		165 (ii) the person, in a court of law:
173	180		166 (A) is convicted of an offense that the hearing officer determines bears a reasonable
174	181		167relationship to the person's ability to safely and responsibly perform the activities authorized by
175		-	168the certificate of registration; Enrolled Copy H.B. 469
176		-	- 7 -
	182	+	168the certificate of registration;
177	183		169 (B) pleads guilty or no contest to an offense that the hearing officer determines bears a
178	184		170reasonable relationship to the person's ability to safely and responsibly perform the activities
179	185		171authorized by the certificate of registration, and the plea is held in abeyance in accordance with
180	186		172a plea in abeyance agreement; or
181	187		173 (C) is charged with an offense that the hearing officer determines bears a reasonable
182	188		174relationship to the person's ability to safely and responsibly perform the activities authorized by
183	189		175the certificate of registration, and prosecution of the offense is suspended in accordance with a
184	190		176diversion agreement.
185	191		177 (b) All certificates of registration for the harvesting of brine shrimp eggs, as defined in
186	192		178Section 59-23-3, shall be suspended by a hearing officer, if the hearing officer determines the
187		-	179holder of the certificates of registration has violated Section 59-23-5.
	193	+	179holder of the certificates of registration has violated Section 59-23-5. 03-01-23 2:44 PM 3rd Sub. (Cherry) H.B. 469
	194	+	- 7 -
188	195		180 (8) (a) The director shall appoint a qualified person as a hearing officer to perform the
189	196		181adjudicative functions provided in this section.
190	197		182 (b) The director may not appoint a division employee who investigates or enforces
191	198		183wildlife violations.
192	199		184 (9) (a) The courts may suspend, in criminal sentencing, a person's privilege to apply
193	200		185for, purchase, or exercise the benefits conferred by a license, permit, or certificate of
194	201		186registration.
195	202		187 (b) The courts shall promptly notify the division of any suspension orders or
196	203		188recommendations entered.
197	204		189 (c) The division, upon receiving notification of suspension from the courts, shall
198	205		190prohibit the person from applying for, purchasing, or exercising the benefits conferred by a
199	206		191license, permit, or certification of registration for the duration and of the type specified in the
200	207		192court order.
201	208		193 (d) The hearing officer shall consider any recommendation made by a sentencing court
202	209		194concerning suspension before issuing a suspension order.
203	210		195 (10) (a) A person may not apply for, purchase, possess, or attempt to exercise the
204		-	196benefits conferred by any permit, license, or certificate of registration specified in an order of H.B. 469 Enrolled Copy
205		-	- 8 -
	211	+	196benefits conferred by any permit, license, or certificate of registration specified in an order of
206	212		197suspension while that order is in effect.
207	213		198 (b) Any license possessed or obtained in violation of the order shall be considered
208	214		199invalid.
209	215		200 (c) A person who violates Subsection (10)(a) is guilty of a class B misdemeanor.
210	216		201 (11) Before suspension under this section, a person shall be:
211	217		202 (a) given written notice of any action the division intends to take; and
212	218		203 (b) provided with an opportunity for a hearing.
213	219		204 (12) (a) A person may file an appeal of a hearing officer's decision with the Wildlife
214	220		205Board.
215	221		206 (b) The Wildlife Board shall review the hearing officer's findings and conclusions and
216	222		207any written documentation submitted at the hearing.
217	223		208 (c) The Wildlife Board may:
218	224		209 (i) take no action;
219		-	210 (ii) vacate or remand the decision; or
	225	+	210 (ii) vacate or remand the decision; or 3rd Sub. (Cherry) H.B. 469 03-01-23 2:44 PM
	226	+	- 8 -
220	227		211 (iii) amend the period or type of suspension.
221	228		212 (13) The division shall suspend and reinstate all hunting, fishing, trapping, and
222	229		213falconry privileges consistent with Title 23, Chapter 25, Wildlife Violator Compact.
223	230		214 (14) Within 30 days after the day on which an individual's privilege to hunt or fish is
224	231		215suspended under this title, the division shall report to the Division of Professional Licensing
225	232		216the:
226	233		217 (a) identifying information for the individual; and
227	234		218 (b) time period of the suspension.
228	235		219 [(14)] (15) The Wildlife Board may make rules to implement this section in accordance
229	236		220with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
230	237		221 Section 3. Section 23-19-17 is amended to read:
231	238		222 23-19-17. Resident fishing and hunting license -- Use of fee.
232	239		223 (1) A resident, after paying the fee established by the Wildlife Board, may obtain, as
233		-	224provided by the Wildlife Board's rules, a combination license to: Enrolled Copy H.B. 469
234		-	- 9 -
	240	+	224provided by the Wildlife Board's rules, a combination license to:
235	241		225 (a) fish;
236	242		226 (b) hunt for small game; [and]
237	243		227 (c) hunt or trap cougar during a period beginning on January 1 and ending on
238	244		228December 31; and
239	245		229 [(c)] (d) apply for or obtain a big game, [cougar,] bear, or turkey hunting permit.
240	246		230 (2) Up to $1 of the combination license fee may be used for the hunter education
241	247		231program for any of the following:
242	248		232 (a) instructor and student training;
243	249		233 (b) assisting local organizations with development;
244	250		234 (c) maintenance of existing facilities; or
245	251		235 (d) operation and maintenance of the hunter education program.
246	252		236 (3) (a) Up to 50 cents of the combination license fee may be used for the upland game
247	253		237program to:
248	254		238 (i) acquire pen-raised birds; or
249	255		239 (ii) capture and transplant upland game species.
250	256		240 (b) The combination license fee revenue designated for the upland game program by
251		-	241Subsection (3)(a) is in addition to any combination license fee revenue that may be used for the
	257	+	241Subsection (3)(a) is in addition to any combination license fee revenue that may be used for the 03-01-23 2:44 PM 3rd Sub. (Cherry) H.B. 469
	258	+	- 9 -
252	259		242upland game program as provided by Sections 23-19-43 and 23-19-47.
253	260		243 Section 4. Section 23-19-22.5 is amended to read:
254	261		244 23-19-22.5. Bear hunting permit.
255	262		245 (1) A person 12 years of age or older, upon paying the [cougar or] bear hunting permit
256	263		246fee established by the Wildlife Board and possessing a valid hunting or combination license,
257	264		247may apply for or obtain a permit to take [cougar or] bear as provided by rules and
258	265		248proclamations of the Wildlife Board.
259	266		249 (2) A person 11 years of age may apply for or obtain a [cougar or] bear hunting permit
260	267		250consistent with the requirements of Subsection (1) if that person's 12th birthday falls within the
261	268		251calendar year in which the permit is issued.
262		-	252 (3) One dollar of each [cougar or] bear permit fee collected from a resident shall be H.B. 469 Enrolled Copy
263		-	- 10 -
	269	+	252 (3) One dollar of each [cougar or] bear permit fee collected from a resident shall be
264	270		253used for the hunter education program.
265	271		254 Section 5. Section 23-19-24 is amended to read:
266	272		255 23-19-24. Resident hunting license -- Use of fee.
267	273		256 (1) A resident, after paying the fee established by the Wildlife Board, may obtain a
268	274		257hunting license.
269	275		258 (2) A hunting license authorizes the licensee to, according to this title and the Wildlife
270	276		259Board's rules and proclamations:
271	277		260 (a) take small game; [and]
272	278		261 (b) hunt or trap cougar during a period beginning on January 1 and ending on
273	279		262December 31; and
274	280		263 [(b)] (c) apply for or obtain a big game, [cougar,] bear, or turkey hunting permit.
275	281		264 (3) Up to $1 of the hunting license fee may be used for the hunter education program.
276	282		265 (4) (a) Up to 50 cents of the hunting license fee may be used for the upland game
277	283		266program to:
278	284		267 (i) acquire pen-raised birds; or
279	285		268 (ii) capture and transplant upland game species.
280	286		269 (b) The hunting license fee revenue designated for the upland game program by
281	287		270Subsection (4)(a) is in addition to any hunting license fee revenue that may be used for the
282	288		271upland game program as provided by Sections 23-19-43 and 23-19-47.
283		-	272 Section 6. Section 23-19-26 is amended to read:
	289	+	272 Section 6. Section 23-19-26 is amended to read: 3rd Sub. (Cherry) H.B. 469 03-01-23 2:44 PM
	290	+	- 10 -
284	291		273 23-19-26. Nonresident hunting license -- Use of fee.
285	292		274 (1) A nonresident, after paying the fee established by the Wildlife Board, may obtain a
286	293		275hunting license.
287	294		276 (2) A hunting license authorizes the licensee to, according to this title and the Wildlife
288	295		277Board's rules and proclamations:
289	296		278 (a) take small game; [and]
290	297		279 (b) hunt or trap cougar during a period beginning on January 1 and ending on
291		-	280December 31; and Enrolled Copy H.B. 469
292		-	- 11 -
	298	+	280December 31; and
293	299		281 [(b)] (c) apply for or obtain a big game, [cougar,] bear, or turkey hunting permit.
294	300		282 (3) (a) Up to 50 cents of the hunting license fee may be used for the upland game
295	301		283program to:
296	302		284 (i) acquire pen-raised birds; or
297	303		285 (ii) capture and transplant upland game species.
298	304		286 (b) The hunting license fee revenue designated for the upland game program by
299	305		287Subsection (3)(a) is in addition to any hunting license fee revenue that may be used for the
300	306		288upland game program as provided by Sections 23-19-43 and 23-19-47.
301	307		289 Section 7. Section 23-19-47 is amended to read:
302	308		290 23-19-47. Portion of revenue from license, permit, stamp, certificate of
303	309		291registration, and Wildlife Heritage certificate fees deposited in Wildlife Habitat Account.
304	310		292 (1) Fifty cents of the fee charged for any of the following licenses or stamps shall be
305	311		293deposited in the Wildlife Habitat Account created in Section 23-19-43:
306	312		294 (a) a one-day fishing license; or
307	313		295 (b) a one-day fishing stamp.
308	314		296 (2) Three dollars and fifty cents of the fee charged for any of the following licenses or
309	315		297permits shall be deposited in the Wildlife Habitat Account created in Section 23-19-43:
310	316		298 (a) a fishing license, except any one-day fishing license;
311	317		299 (b) a hunting license;
312	318		300 (c) a combination license;
313	319		301 (d) a furbearer license; or
314	320		302 (e) a fishing permit, except any fish stamp.
315		-	303 (3) Four dollars and seventy-five cents of the fee charged for any of the following
	321	+	303 (3) Four dollars and seventy-five cents of the fee charged for any of the following 03-01-23 2:44 PM 3rd Sub. (Cherry) H.B. 469
	322	+	- 11 -
316	323		304certificates of registration, permits, or Wildlife Heritage certificates shall be deposited in the
317	324		305Wildlife Habitat Account created in Section 23-19-43:
318	325		306 (a) a certificate of registration for the dedicated hunter program, except a certificate of
319	326		307registration issued to a lifetime licensee;
320		-	308 (b) a big game permit; H.B. 469 Enrolled Copy
321		-	- 12 -
	327	+	308 (b) a big game permit;
322	328		309 (c) a bear permit;
323	329		310 [(d) a cougar permit;]
324	330		311 [(e)] (d) a turkey permit;
325	331		312 [(f)] (e) a muskrat permit; or
326	332		313 [(g)] (f) a Wildlife Heritage certificate.
327	333		314 Section 8. Section 23-19-49 is amended to read:
328	334		315 23-19-49. Air rifle hunting.
329	335		316 (1) As used in this section:
330	336		317 (a) "Division" means the Division of Wildlife Resources.
331	337		318 (b) "Pre-charged pneumatic air rifle" means a rifle that fires a single projectile with
332	338		319compressed air released from a chamber:
333	339		320 (i) built into the rifle; and
334	340		321 (ii) pressurized at a minimum of 2,000 pounds per square inch from an external high
335	341		322compression device or source, such as a hand pump, compressor, or scuba tank.
336	342		323 (2) [(a)] An individual [shall obtain a permit issued under this section before using]
337	343		324may use a pre-charged pneumatic air rifle to hunt:
338	344		325 (a) a species of protected wildlife designated by the Wildlife Board;
339	345		326 (b) a cottontail rabbit;
340	346		327 (c) a snowshoe hare; or
341	347		328 (d) a turkey, with a fall turkey permit.
342	348		329 [(b) The Wildlife Board shall by rule, made in accordance with Title 63G, Chapter 3,
343	349		330Utah Administrative Rulemaking Act, designate which species of wildlife may be hunted with
344	350		331the use of a pre-charged pneumatic air rifle.]
345	351		332 (3) The division shall review [the funding available for the regulation of] available
346	352		333funding to pay the costs of regulating hunting with pre-charged pneumatic air rifles, including
347		-	334eligibility for federal excise taxes, and report the division's findings to the Natural Resources,
	353	+	334eligibility for federal excise taxes, and report the division's findings to the Natural Resources, 3rd Sub. (Cherry) H.B. 469 03-01-23 2:44 PM
	354	+	- 12 -
348	355		335Agriculture, and Environment Interim Committee by no later than the November 2024 interim
349		-	336committee meeting. Enrolled Copy H.B. 469
350		-	- 13 -
	356	+	336committee meeting.
351	357		337 Section 9. Section 23-21-8 is enacted to read:
352	358		338 23-21-8. Wildlife Land and Water Acquisition Program.
353	359		339 (1) As used in this section, "program" means the Wildlife Land and Water Acquisition
354	360		340Program created in Subsection (2).
355	361		341 (2) There is created a program known as the "Wildlife Land and Water Acquisition
356	362		342Program" under which the division may lease or acquire land or water assets that achieve one
357	363		343or more of the following:
358	364		344 (a) protect and enhance wildlife populations;
359	365		345 (b) provide the public the opportunity to hunt, trap, or fish; and
360	366		346 (c) conserve, protect, and enhance wildlife habitat.
361	367		347 (3) In making a decision as to whether to lease or acquire land or water assets, the
362	368		348division shall:
363	369		349 (a) consult the relevant state or county resource management plan;
364	370		350 (b) prioritize leases or acquisitions that involve land that:
365	371		351 (i) is adjacent to land already owned by the division; or
366	372		352 (ii) provides access to other public land;
367	373		353 (c) develop a management plan for the land or water asset in a manner consistent with
368	374		354Section 23-21-2.1; and
369	375		355 (d) facilitate grazing as a management tool if consistent with the management plan
370	376		356described in Subsection (3)(c).
371	377		357 (4) The division shall annually report to the Natural Resources, Agriculture, and
372	378		358Environmental Quality Appropriations Subcommittee regarding how the division expends
373	379		359money in the program.
374	380		360 Section 10. Section 23-23-2 is amended to read:
375	381		361 23-23-2. Definitions.
376	382		362 As used in this chapter:
377	383		363 (1) "Cooperative wildlife management unit" or "unit" means a generally contiguous
378		-	364area of land open for hunting small game, waterfowl, [cougar,] turkey, or big game which is ~~H.B. 469 Enrolled Copy~~
379		-	~~- 14 -~~
380		-	~~365registered in accordance with this chapter and rules of the Wildlife Board.~~
	384	+	364area of land open for hunting small game, waterfowl, [cougar,] turkey, or big game which is
	385	+	365registered in accordance with this chapter and rules of the Wildlife Board. 03-01-23 2:44 PM 3rd Sub. (Cherry) H.B. 469
	386	+	- 13 -
381	387		366 (2) (a) "Cooperative wildlife management unit agent" means a person appointed by a
382	388		367landowner, landowner association, or landowner association operator to perform the functions
383	389		368described in Section 23-23-9.
384	390		369 (b) For purposes of this chapter, a cooperative wildlife management unit agent may
385	391		370not:
386	392		371 (i) be appointed by the division or the state;
387	393		372 (ii) be an employee or agent of the division;
388	394		373 (iii) receive compensation from the division or the state to act as a cooperative wildlife
389	395		374management unit agent; or
390	396		375 (iv) act as a peace officer or perform any duties of a peace officer without qualifying as
391	397		376a peace officer under Title 53, Chapter 13, Peace Officer Classifications.
392	398		377 (3) "Cooperative wildlife management unit authorization" means a card, label, ticket,
393	399		378or other identifying document authorizing the possessor to hunt small game or waterfowl in a
394	400		379cooperative wildlife management unit.
395	401		380 (4) "Cooperative wildlife management unit permit" means a permit authorizing the
396	402		381possessor to hunt [cougar,] turkey[,] or big game in a cooperative wildlife management unit.
397	403		382 (5) "Division" means the Division of Wildlife Resources.
398	404		383 (6) "Landowner association" means a landowner or an organization of owners of
399	405		384private lands who operates a cooperative wildlife management unit.
400	406		385 (7) (a) "Landowner association operator" means a person designated by a landowner
401	407		386association to operate the cooperative wildlife management unit.
402	408		387 (b) For purposes of this chapter, a landowner association operator may not:
403	409		388 (i) be appointed by the division; or
404	410		389 (ii) be an employee or agent of the division.
405	411		390 Section 11. Section 23-23-3 is amended to read:
406	412		391 23-23-3. Rulemaking authority of Wildlife Board.
407		-	392 The Wildlife Board is authorized to make and enforce rules applicable to cooperative Enrolled Copy H.B. 469
408		-	- 15 -
	413	+	392 The Wildlife Board is authorized to make and enforce rules applicable to cooperative
409	414		393wildlife management units organized for the hunting of small game, waterfowl, [cougar,]
410	415		394turkey, or big game that in its judgment are necessary to administer and enforce the provisions
411	416		395of this chapter.
412		-	396 Section 12. Section 23-23-6 is amended to read:
	417	+	396 Section 12. Section 23-23-6 is amended to read: 3rd Sub. (Cherry) H.B. 469 03-01-23 2:44 PM
	418	+	- 14 -
413	419		397 23-23-6. Season dates -- Boundaries -- Review by councils and board.
414	420		398 (1) The Wildlife Board shall establish season dates and boundaries for each
415	421		399cooperative wildlife management unit except as provided in Subsection (2).
416	422		400 (2) (a) A season date for a cooperative wildlife management unit that provides one
417	423		401buck deer permit or more per every 640 acres shall begin on September 1 and end on October
418	424		40231.
419	425		403 (b) A cooperative wildlife management unit that provides less than one buck deer
420	426		404permit per every 640 acres may select the following season date options:
421	427		405 (i) beginning on September 1 and ending on October 31; or
422	428		406 (ii) beginning on September 11 and ending on November 10.
423	429		407 (c) In accordance with Subsection 23-14-18(3), if the season dates specified in this
424	430		408Subsection (2) start on a Sunday, the season date shall begin on the Saturday before.
425	431		409 [(2)] (3) Season dates may differ from general statewide season dates.
426	432		410 [(3)] (4) At least every five years, cooperative wildlife management units containing
427	433		411public land will be reviewed by the regional advisory councils and the Wildlife Board.
428	434		412 Section 13. Section 23-23-7 is amended to read:
429	435		413 23-23-7. Permits -- Acreage and lands that may be included -- Posting of
430	436		414boundaries.
431	437		415 (1) The division shall provide cooperative wildlife management unit authorizations for
432	438		416hunting small game or waterfowl to the cooperative wildlife management unit, free of charge.
433	439		417 (2) At least 50% of the cooperative wildlife management unit authorizations for
434	440		418hunting small game or waterfowl provided to a cooperative wildlife management unit shall be
435	441		419offered for sale to the general public at the times and places designated on the application for a
436		-	420certificate of registration. H.B. 469 Enrolled Copy
437		-	- 16 -
	442	+	420certificate of registration.
438	443		421 (3) (a) Cooperative wildlife management units organized for hunting small game or
439	444		422waterfowl shall consist of private land.
440	445		423 (b) At least 75% of the acreage within the boundaries of each cooperative wildlife
441	446		424management unit organized for the hunting of small game or waterfowl shall be open to
442	447		425hunting by holders of valid authorizations.
443	448		426 (4) (a) The Wildlife Board may establish the maximum number of permits that may be
444		-	427issued per acre, except as provided in Subsection (4)(b).
	449	+	427issued per acre, except as provided in Subsection (4)(b). 03-01-23 2:44 PM 3rd Sub. (Cherry) H.B. 469
	450	+	- 15 -
445	451		428 (b) A cooperative wildlife management unit shall issue one buck deer permit or less
446	452		429per every 320 acres to be eligible to receive buck deer permits.
447	453		430 [(4)] (5) (a) The division may issue cooperative wildlife management unit permits for
448	454		431hunting [cougar,] turkey[,] or big game to permittees:
449	455		432 (i) qualifying through a public drawing; or
450	456		433 (ii) named by the cooperative wildlife management unit operator.
451	457		434 (b) The Wildlife Board may specify by rule those persons who are eligible to draw a
452	458		435cooperative wildlife management unit permit in a public drawing.
453	459		436 [(5)] (6) (a) Cooperative wildlife management units organized for hunting [cougar,]
454	460		437turkey[,] or big game shall consist of private land to the extent practicable. Public land may be
455	461		438included within a cooperative wildlife management unit if:
456	462		439 (i) the public land is completely surrounded by private land or is otherwise inaccessible
457	463		440to the general public;
458	464		441 (ii) including public land is necessary to establish a readily identifiable boundary; or
459	465		442 (iii) including public land is necessary to achieve [cougar,] turkey[,] or big game
460	466		443management objectives.
461	467		444 (b) If any public land is included within a cooperative wildlife management unit:
462	468		445 (i) the landowner association shall meet applicable federal or state land use
463	469		446requirements on the public land; and
464	470		447 (ii) the Wildlife Board shall increase the number of permits or hunting opportunities
465		-	448made available to the general public to reflect the proportion of public lands to private lands Enrolled Copy H.B. 469
466		-	- 17 -
	471	+	448made available to the general public to reflect the proportion of public lands to private lands
467	472		449within the cooperative wildlife management unit.
468	473		450 [(6)] (7) Each landowner association shall:
469	474		451 (a) clearly post all boundaries of the unit by displaying signs containing information
470	475		452prescribed by rule of the Wildlife Board at the locations specified in Subsection
471	476		45323-20-14(1)(d); and
472	477		454 (b) provide a written copy of its guidelines to each holder of an authorization or permit.
473	478		455 Section 14. Section 23-23-10 is amended to read:
474	479		456 23-23-10. Possession of permits and licenses by hunter -- Restrictions.
475	480		457 (1) A person may not hunt in a cooperative wildlife management unit without having in
476		-	458his or her possession:
	481	+	458his or her possession: 3rd Sub. (Cherry) H.B. 469 03-01-23 2:44 PM
	482	+	- 16 -
477	483		459 (a) a valid cooperative wildlife management unit authorization or permit or other
478	484		460permit as authorized by the wildlife board; and
479	485		461 (b) the necessary hunting licenses, tags, and stamps.
480	486		462 (2) A cooperative wildlife management unit authorization or permit:
481	487		463 (a) entitles the holder to hunt only in the unit specified on the authorization or permit
482	488		464pursuant to rules and proclamations of the Wildlife Board and does not entitle the holder to
483	489		465hunt on any other private or public land; and
484	490		466 (b) constitutes written permission for trespass as required under Section 23-20-14.
485	491		467 (3) A cooperative wildlife management unit may address the number of individuals a
486	492		468cooperative wildlife management unit permit holder may select as companions, except that a
487	493		469cooperative wildlife management unit shall allow, at a minimum, one companion to
488	494		470accompany free of charge the cooperative wildlife management unit permit holder.
489	495		471 Section 15. Section 58-79-103 is enacted to read:
490	496		472 58-79-103. Hunting guide and outfitter rules.
491	497		473 Before enacting, amending, repealing, or otherwise modifying a rule made under this
492	498		474chapter, in addition to complying with Section 58-1-106 and Title 63G, Chapter 3, Utah
493	499		475Administrative Rulemaking Act, the division shall consult with the Division of Wildlife
494		-	476Resources. H.B. 469 Enrolled Copy
495		-	- 18 -
	500	+	476Resources.
496	501		477 Section 16. Section 58-79-401 is amended to read:
497	502		478 58-79-401. Grounds for denial of registration -- Disciplinary proceedings.
498	503		479 (1) Grounds for refusing to issue a registration to an applicant, for refusing to renew
499	504		480the registration of a registrant, for revoking, suspending, restricting, or placing on probation the
500	505		481registration of a registrant, for issuing a public or private reprimand to a registrant, and for
501	506		482issuing a cease and desist order under this chapter shall be in accordance with the provisions
502	507		483applicable to a licensee under Section 58-1-401.
503	508		484 (2) (a) The division shall refuse to issue a registration to an applicant and shall refuse
504	509		485to renew or shall revoke the registration of a registrant during the time period the Division of
505	510		486Wildlife Resources suspends the applicant's or registrant's privilege to hunt or fish under Title
506	511		48723, Wildlife Resources Code of Utah.
507	512		488 (b) If the Division of Wildlife Resources suspends the privilege to hunt or fish under
508		-	489Title 23, Wildlife Resources Code of Utah, of the chief executive officer of an entity under
	513	+	489Title 23, Wildlife Resources Code of Utah, of the chief executive officer of an entity under 03-01-23 2:44 PM 3rd Sub. (Cherry) H.B. 469
	514	+	- 17 -
509	515		490which an applicant or registrant provides hunting guide services or outfitting services, during
510	516		491the time period that the chief executive officer's privilege to hunt or fish is suspended, the
511	517		492division shall refuse to issue a registration to the applicant and shall refuse to renew or shall
512	518		493revoke the registration of the registrant.
513	519		494 (c) If the Division of Wildlife Resources suspends the privilege to hunt or fish under
514	520		495Title 23, Wildlife Resources Code of Utah, of a registrant under which an applicant or
515	521		496registrant provides hunting guide services or outfitting services, during the time period that the
516	522		497registrant's privilege to hunt or fish is suspended, the division shall refuse to issue a registration
517	523		498to the applicant and shall refuse to renew or shall revoke the registration of the registrant.
518	524		499 Section 17. Section 63J-1-602.2 is amended to read:
519	525		500 63J-1-602.2. List of nonlapsing appropriations to programs.
520	526		501 Appropriations made to the following programs are nonlapsing:
521	527		502 (1) The Legislature and the Legislature's committees.
522	528		503 (2) The State Board of Education, including all appropriations to agencies, line items,
523		-	504and programs under the jurisdiction of the State Board of Education, in accordance with Enrolled Copy H.B. 469
524		-	- 19 -
	529	+	504and programs under the jurisdiction of the State Board of Education, in accordance with
525	530		505Section 53F-9-103.
526	531		506 (3) The Percent-for-Art Program created in Section 9-6-404.
527	532		507 (4) The LeRay McAllister Critical Land Conservation Program created in Section
528	533		5084-46-301.
529	534		509 (5) The Utah Lake Authority created in Section 11-65-201.
530	535		510 (6) Dedicated credits accrued to the Utah Marriage Commission as provided under
531	536		511Subsection 17-16-21(2)(d)(ii).
532	537		512 (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
533	538		513the Pelican Management Act, as provided in Section 23-21a-6.
534	539		514 (8) The Wildlife Land and Water Acquisition Program created in Section 23-21-8.
535	540		515 [(8)] (9) The Emergency Medical Services Grant Program in Section 26-8a-207.
536	541		516 [(9)] (10) The primary care grant program created in Section 26-10b-102.
537	542		517 [(10)] (11) Sanctions collected as dedicated credits from Medicaid providers under
538	543		518Subsection 26-18-3(7).
539	544		519 [(11)] (12) The Utah Health Care Workforce Financial Assistance Program created in
540		-	520Section 26-46-102.
	545	+	520Section 26-46-102. 3rd Sub. (Cherry) H.B. 469 03-01-23 2:44 PM
	546	+	- 18 -
541	547		521 [(12)] (13) The Rural Physician Loan Repayment Program created in Section
542	548		52226-46a-103.
543	549		523 [(13)] (14) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
544	550		524 [(14)] (15) The Utah Medical Education Council for the:
545	551		525 (a) administration of the Utah Medical Education Program created in Section
546	552		52626-69-403;
547	553		527 (b) provision of medical residency grants described in Section 26-69-407; and
548	554		528 (c) provision of the forensic psychiatric fellowship grant described in Section
549	555		52926-69-408.
550	556		530 [(15)] (16) Funds that the Department of Alcoholic Beverage Services retains in
551	557		531accordance with Subsection 32B-2-301(8)(a) or (b).
552		-	532 [(16)] (17) The General Assistance program administered by the Department of H.B. 469 Enrolled Copy
553		-	- 20 -
	558	+	532 [(16)] (17) The General Assistance program administered by the Department of
554	559		533Workforce Services, as provided in Section 35A-3-401.
555	560		534 [(17)] (18) The Utah National Guard, created in Title 39, Militia and Armories.
556	561		535 [(18)] (19) The State Tax Commission under Section 41-1a-1201 for the:
557	562		536 (a) purchase and distribution of license plates and decals; and
558	563		537 (b) administration and enforcement of motor vehicle registration requirements.
559	564		538 [(19)] (20) The Search and Rescue Financial Assistance Program, as provided in
560	565		539Section 53-2a-1102.
561	566		540 [(20)] (21) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
562	567		541 [(21)] (22) The Utah Board of Higher Education for teacher preparation programs, as
563	568		542provided in Section 53B-6-104.
564	569		543 [(22)] (23) Innovation grants under Section 53G-10-608, except as provided in
565	570		544Subsection 53G-10-608(6).
566	571		545 [(23)] (24) The Division of Services for People with Disabilities, as provided in
567	572		546Section 62A-5-102.
568	573		547 [(24)] (25) The Division of Fleet Operations for the purpose of upgrading underground
569	574		548storage tanks under Section 63A-9-401.
570	575		549 [(25)] (26) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
571	576		550 [(26)] (27) The Division of Technology Services for technology innovation as provided
572		-	551under Section 63A-16-903.
	577	+	551under Section 63A-16-903. 03-01-23 2:44 PM 3rd Sub. (Cherry) H.B. 469
	578	+	- 19 -
573	579		552 [(27)] (28) The Office of Administrative Rules for publishing, as provided in Section
574	580		55363G-3-402.
575	581		554 [(28)] (29) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
576	582		555Colorado River Authority of Utah Act.
577	583		556 [(29)] (30) The Governor's Office of Economic Opportunity to fund the Enterprise
578	584		557Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
579	585		558 [(30)] (31) The Governor's Office of Economic Opportunity's Rural Employment
580	586		559Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment
581		-	560Expansion Program. Enrolled Copy H.B. 469
582		-	- 21 -
	587	+	560Expansion Program.
583	588		561 [(31)] (32) Programs for the Jordan River Recreation Area as described in Section
584	589		56265A-2-8.
585	590		563 [(32)] (33) The Division of Human Resource Management user training program, as
586	591		564provided in Section 63A-17-106.
587	592		565 [(33)] (34) A public safety answering point's emergency telecommunications service
588	593		566fund, as provided in Section 69-2-301.
589	594		567 [(34)] (35) The Traffic Noise Abatement Program created in Section 72-6-112.
590	595		568 [(35)] (36) The money appropriated from the Navajo Water Rights Negotiation
591	596		569Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
592	597		570participating in a settlement of federal reserved water right claims.
593	598		571 [(36)] (37) The Judicial Council for compensation for special prosecutors, as provided
594	599		572in Section 77-10a-19.
595	600		573 [(37)] (38) A state rehabilitative employment program, as provided in Section
596	601		57478A-6-210.
597	602		575 [(38)] (39) The Utah Geological Survey, as provided in Section 79-3-401.
598	603		576 [(39)] (40) The Bonneville Shoreline Trail Program created under Section 79-5-503.
599	604		577 [(40)] (41) Adoption document access as provided in Sections 78B-6-141, 78B-6-144,
600	605		578and 78B-6-144.5.
601	606		579 [(41)] (42) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
602	607		580Defense Commission.
603	608		581 [(42)] (43) The program established by the Division of Facilities Construction and
604		-	582Management under Section 63A-5b-703 under which state agencies receive an appropriation
	609	+	582Management under Section 63A-5b-703 under which state agencies receive an appropriation 3rd Sub. (Cherry) H.B. 469 03-01-23 2:44 PM
	610	+	- 20 -
605	611		583and pay lease payments for the use and occupancy of buildings owned by the Division of
606	612		584Facilities Construction and Management.
607	613		585 [(43)] (44) The State Tax Commission for reimbursing counties for deferred property
608	614		586taxes in accordance with Section 59-2-1802.
609	615		587 Section 18. Division of Wildlife Resources fees.
610		-	588 The Legislature intends that the Department of Natural Resources, Division of Wildlife H.B. 469 Enrolled Copy
611		-	- 22 -
	616	+	588 The Legislature intends that the Department of Natural Resources, Division of Wildlife
612	617		589Resources is authorized to charge the following two fees in the amounts shown:
613	618		590 (1) instead of a variable fee for resident or nonresident dedicated hunter hourly labor
614	619		591buyout, a fee of $40 per hour; and
615	620		592 (2) a nonresident draw application fee of $16.
616	621		593 Section 19. Appropriation.
617	622		594 The following sums of money are appropriated for the fiscal year beginning July 1,
618	623		5952023, and ending June 30, 2024. These are additions to amounts previously appropriated for
619	624		596fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
620	625		597Act, the Legislature appropriates the following sums of money from the funds or accounts
621	626		598indicated for the use and support of the government of the state of Utah.
622	627		599ITEM 1
623	628		600To Department of Natural Resources -- Wildlife Land and Water Acquisition Program
624	629		601 From General Fund 1,000,000
625	630		602 Schedule of Programs:
626	631		603 Wildlife Land and Water Acquisition Program 1,000,000
627	632		604 The Legislature intends that the ongoing appropriation to the Wildlife Land and Water
628	633		605Acquisition Program, created in this bill, be nonlapsing and that it be expended only for the
629	634		606purposes of the Wildlife Land and Water Acquisition Program.
630	635		607 Section 20. Effective date.
631	636		608 (1) Except as provided in Subsection (2), this bill takes effect on May 3, 2023.
632	637		609 (2) The actions affecting the following sections take effect on August 1, 2024:
633	638		610 (a) Section 23-23-6;
634	639		611 (b) Section 23-23-7; and
635	640		612 (c) Section 23-23-10.