Utah 2023 Regular Session

Utah House Bill HB0469 Compare Versions

OldNewDifferences
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:
28 1 WILDLIFE RELATED AMENDMENTS
39 2 2023 GENERAL SESSION
410 3 STATE OF UTAH
511 4 Chief Sponsor: Casey Snider
612 5 Senate Sponsor: Scott D. Sandall
713 6
814 7LONG TITLE
915 8General Description:
1016 9 This bill addresses issues related to wildlife hunting, fishing, and habitat.
1117 10Highlighted Provisions:
1218 11 This bill:
1319 12 <requires the Division of Wildlife Resources to notify the Division of Professional
1420 13License of a suspension of the privilege to hunt or fish;
1521 14 <addresses hunting with an air rifle;
1622 15 <addresses the taking of cougars;
1723 16 <modifies provisions related to use of trail cameras;
1824 17 <creates the Wildlife Land and Water Acquisition Program;
1925 18 <modifies provisions related to cooperative wildlife management units;
2026 19 <addresses rulemaking by the Division of Professional Licensing;
2127 20 <addresses when the Division of Professional Licensing is to refuse to issue, refuse to
2228 21renew, or revoke a registration related to hunting guides and outfitters;
2329 22 <provides for certain fees; and
2430 23 <makes technical changes.
2531 24Money Appropriated in this Bill:
2632 25 This bill appropriates in fiscal year 2024:
33+*HB0469S03* 3rd Sub. (Cherry) H.B. 469 03-01-23 2:44 PM
34+- 2 -
2735 26 <to the Department of Natural Resources - Wildlife Land and Water Acquisition
2836 27Program, as an ongoing appropriation:
2937 28 Cfrom the General Fund, $1,000,000.
30-29Other Special Clauses: H.B. 469 Enrolled Copy
31-- 2 -
38+29Other Special Clauses:
3239 30 This bill provides a special effective date.
3340 31Utah Code Sections Affected:
3441 32AMENDS:
3542 33 23-13-18, as last amended by Laws of Utah 2021, Chapter 177
3643 34 23-19-9, as last amended by Laws of Utah 2021, Chapter 57
3744 35 23-19-17, as last amended by Laws of Utah 2007, Chapter 187
3845 36 23-19-22.5, as last amended by Laws of Utah 2007, Chapter 187
3946 37 23-19-24, as last amended by Laws of Utah 2007, Chapter 187
4047 38 23-19-26, as last amended by Laws of Utah 2007, Chapter 187
4148 39 23-19-47, as last amended by Laws of Utah 2007, Chapter 187
4249 40 23-19-49, as enacted by Laws of Utah 2022, Chapter 102
4350 41 23-23-2, as last amended by Laws of Utah 2005, Chapter 112
4451 42 23-23-3, as last amended by Laws of Utah 2005, Chapter 112
4552 43 23-23-6, as repealed and reenacted by Laws of Utah 1997, Chapter 258
4653 44 23-23-7, as last amended by Laws of Utah 2005, Chapter 112
4754 45 23-23-10, as last amended by Laws of Utah 2000, Chapter 44
4855 46 58-79-401, as last amended by Laws of Utah 2020, Chapters 316, 376
4956 47 63J-1-602.2, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
5057 48242, and 447 and last amended by Coordination Clause, Laws of Utah 2022,
5158 49Chapter 154
5259 50ENACTS:
5360 51 23-21-8, Utah Code Annotated 1953
5461 52 58-79-103, Utah Code Annotated 1953
5562 53Uncodified Material Affected:
5663 ENACTS UNCODIFIED MATERIAL
5764 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
6066 - 3 -
67+56 Section 1. Section 23-13-18 is amended to read:
6168 57 23-13-18. Use of a computer or other device to remotely hunt wildlife prohibited
6269 58-- Trail cameras.
6370 59 (1) A person may not use a computer or other device to remotely control the aiming
6471 60and discharge of a firearm or other weapon for hunting an animal.
6572 61 (2) A person who violates Subsection (1) is guilty of a class A misdemeanor.
6673 62 (3) (a) As used in this Subsection (3), "trail camera" means a device that is not held or
6774 63manually operated by a person and is [used to capture] capable of capturing images, video, or
6875 64location data of wildlife using heat or motion to trigger the device.
6976 65 (b) A trail camera using internal data storage and not capable of transmitting data is
7077 66permitted for use on private lands for the purposes of taking protected wildlife.
7178 67 (c) A trail camera may not be used to take wildlife on public land during the period
7279 68beginning on July 31 and ending on December 31.
7380 69 (d) A trail camera is prohibited on public land during the period beginning on July 31
7481 70and ending on December 31, except for use by:
7582 71 (i) the division for monitoring or research;
7683 72 (ii) a land management agency in the course of the land management agency's regular
7784 73duties;
7885 74 (iii) any of the following conducting research in conjunction with the division:
7986 75 (A) a non-governmental organization;
8087 76 (B) an educational institution; or
8188 77 (C) other person;
8289 78 (iv) monitoring active agricultural operations including the take of a bear or cougar that
8390 79is causing livestock depredation; or
8491 80 (v) a municipality participating in a program addressing urban deer.
8592 81 [(b)] (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
8693 82Act, the Wildlife Board [shall] may make rules regulating the use of trail cameras.
8794 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
8998 - 4 -
90-85Subsection (3).]
91-86 Section 2. Section 23-19-9 is amended to read:
9299 87 23-19-9. Suspension of license or permit privileges -- Suspension of certificates of
93100 88registration.
94101 89 (1) As used in this section:
95102 90 (a) "License or permit privileges" means the privilege of applying for, purchasing, and
96103 91exercising the benefits conferred by a license or permit issued by the division.
97104 92 (b) "Livestock guardian dog" means the same as that term is defined in Section
98105 9376-6-111.
99106 94 (2) A hearing officer, appointed by the division, may suspend a person's license or
100107 95permit privileges if:
101108 96 (a) in a court of law, the person:
102109 97 (i) is convicted of:
103110 98 (A) violating this title or a rule of the Wildlife Board;
104111 99 (B) killing or injuring domestic livestock or a livestock guardian dog while engaged in
105112 100an activity regulated under this title;
106113 101 (C) violating Section 76-6-111; or
107114 102 (D) violating Section 76-10-508 while engaged in an activity regulated under this title;
108115 103 (ii) enters into a plea in abeyance agreement, in which the person pleads guilty or no
109116 104contest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; or
110117 105 (iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the person
111118 106enters into a diversion agreement which suspends the prosecution of the offense; and
112119 107 (b) the hearing officer determines the person committed the offense intentionally,
113120 108knowingly, or recklessly, as defined in Section 76-2-103.
114121 109 (3) (a) The Wildlife Board shall make rules establishing guidelines that a hearing
115122 110officer shall consider in determining:
116123 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.
119125 113 (b) The Wildlife Board shall ensure that the guidelines established under Subsection
120126 114(3)(a) are consistent with Subsections (4), (5), and (6).
121127 115 (4) Except as provided in Subsections (5) and (6), a hearing officer may suspend a
122128 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 -
124131 118 (a) seven years for:
125132 119 (i) a felony conviction;
126133 120 (ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is
127134 121held in abeyance pursuant to a plea in abeyance agreement; or
128135 122 (iii) being charged with an offense punishable as a felony, the prosecution of which is
129136 123suspended pursuant to a diversion agreement;
130137 124 (b) five years for:
131138 125 (i) a class A misdemeanor conviction;
132139 126 (ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor,
133140 127which plea is held in abeyance pursuant to a plea in abeyance agreement; or
134141 128 (iii) being charged with an offense punishable as a class A misdemeanor, the
135142 129prosecution of which is suspended pursuant to a diversion agreement;
136143 130 (c) three years for:
137144 131 (i) a class B misdemeanor conviction;
138145 132 (ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor
139146 133when the plea is held in abeyance according to a plea in abeyance agreement; or
140147 134 (iii) being charged with an offense punishable as a class B misdemeanor, the
141148 135prosecution of which is suspended pursuant to a diversion agreement; and
142149 136 (d) one year for:
143150 137 (i) a class C misdemeanor conviction;
144151 138 (ii) a plea of guilty or no contest to an offense punishable as a class C misdemeanor,
145152 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
148154 141prosecution of which is suspended according to a diversion agreement.
149155 142 (5) The hearing officer may double a suspension period established in Subsection (4)
150156 143for offenses:
151157 144 (a) committed in violation of an existing suspension or revocation order issued by the
152158 145courts, division, or Wildlife Board; or
153159 146 (b) involving the unlawful taking of a trophy animal, as defined in Section 23-13-2.
154160 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 -
156163 149episode, as defined in Section 76-1-401.
157164 150 (b) If a hearing officer addresses two or more single criminal episodes in a hearing, the
158165 151suspension periods of any license or permit privileges of the same type suspended, according to
159166 152Subsection (2), may run consecutively.
160167 153 (c) If a hearing officer suspends, according to Subsection (2), license or permit
161168 154privileges of the type that have been previously suspended by a court, a hearing officer, or the
162169 155Wildlife Board and the suspension period has not expired, the suspension periods may run
163170 156consecutively.
164171 157 (7) (a) A hearing officer, appointed by the division, may suspend a person's privilege of
165172 158applying for, purchasing, and exercising the benefits conferred by a certificate of registration if:
166173 159 (i) the hearing officer determines the person intentionally, knowingly, or recklessly, as
167174 160defined in Section 76-2-103, violated:
168175 161 (A) this title;
169176 162 (B) a rule or order of the Wildlife Board;
170177 163 (C) the terms of a certificate of registration; or
171178 164 (D) the terms of a certificate of registration application or agreement; or
172179 165 (ii) the person, in a court of law:
173180 166 (A) is convicted of an offense that the hearing officer determines bears a reasonable
174181 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;
177183 169 (B) pleads guilty or no contest to an offense that the hearing officer determines bears a
178184 170reasonable relationship to the person's ability to safely and responsibly perform the activities
179185 171authorized by the certificate of registration, and the plea is held in abeyance in accordance with
180186 172a plea in abeyance agreement; or
181187 173 (C) is charged with an offense that the hearing officer determines bears a reasonable
182188 174relationship to the person's ability to safely and responsibly perform the activities authorized by
183189 175the certificate of registration, and prosecution of the offense is suspended in accordance with a
184190 176diversion agreement.
185191 177 (b) All certificates of registration for the harvesting of brine shrimp eggs, as defined in
186192 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 -
188195 180 (8) (a) The director shall appoint a qualified person as a hearing officer to perform the
189196 181adjudicative functions provided in this section.
190197 182 (b) The director may not appoint a division employee who investigates or enforces
191198 183wildlife violations.
192199 184 (9) (a) The courts may suspend, in criminal sentencing, a person's privilege to apply
193200 185for, purchase, or exercise the benefits conferred by a license, permit, or certificate of
194201 186registration.
195202 187 (b) The courts shall promptly notify the division of any suspension orders or
196203 188recommendations entered.
197204 189 (c) The division, upon receiving notification of suspension from the courts, shall
198205 190prohibit the person from applying for, purchasing, or exercising the benefits conferred by a
199206 191license, permit, or certification of registration for the duration and of the type specified in the
200207 192court order.
201208 193 (d) The hearing officer shall consider any recommendation made by a sentencing court
202209 194concerning suspension before issuing a suspension order.
203210 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
206212 197suspension while that order is in effect.
207213 198 (b) Any license possessed or obtained in violation of the order shall be considered
208214 199invalid.
209215 200 (c) A person who violates Subsection (10)(a) is guilty of a class B misdemeanor.
210216 201 (11) Before suspension under this section, a person shall be:
211217 202 (a) given written notice of any action the division intends to take; and
212218 203 (b) provided with an opportunity for a hearing.
213219 204 (12) (a) A person may file an appeal of a hearing officer's decision with the Wildlife
214220 205Board.
215221 206 (b) The Wildlife Board shall review the hearing officer's findings and conclusions and
216222 207any written documentation submitted at the hearing.
217223 208 (c) The Wildlife Board may:
218224 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 -
220227 211 (iii) amend the period or type of suspension.
221228 212 (13) The division shall suspend and reinstate all hunting, fishing, trapping, and
222229 213falconry privileges consistent with Title 23, Chapter 25, Wildlife Violator Compact.
223230 214 (14) Within 30 days after the day on which an individual's privilege to hunt or fish is
224231 215suspended under this title, the division shall report to the Division of Professional Licensing
225232 216the:
226233 217 (a) identifying information for the individual; and
227234 218 (b) time period of the suspension.
228235 219 [(14)] (15) The Wildlife Board may make rules to implement this section in accordance
229236 220with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
230237 221 Section 3. Section 23-19-17 is amended to read:
231238 222 23-19-17. Resident fishing and hunting license -- Use of fee.
232239 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:
235241 225 (a) fish;
236242 226 (b) hunt for small game; [and]
237243 227 (c) hunt or trap cougar during a period beginning on January 1 and ending on
238244 228December 31; and
239245 229 [(c)] (d) apply for or obtain a big game, [cougar,] bear, or turkey hunting permit.
240246 230 (2) Up to $1 of the combination license fee may be used for the hunter education
241247 231program for any of the following:
242248 232 (a) instructor and student training;
243249 233 (b) assisting local organizations with development;
244250 234 (c) maintenance of existing facilities; or
245251 235 (d) operation and maintenance of the hunter education program.
246252 236 (3) (a) Up to 50 cents of the combination license fee may be used for the upland game
247253 237program to:
248254 238 (i) acquire pen-raised birds; or
249255 239 (ii) capture and transplant upland game species.
250256 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 -
252259 242upland game program as provided by Sections 23-19-43 and 23-19-47.
253260 243 Section 4. Section 23-19-22.5 is amended to read:
254261 244 23-19-22.5. Bear hunting permit.
255262 245 (1) A person 12 years of age or older, upon paying the [cougar or] bear hunting permit
256263 246fee established by the Wildlife Board and possessing a valid hunting or combination license,
257264 247may apply for or obtain a permit to take [cougar or] bear as provided by rules and
258265 248proclamations of the Wildlife Board.
259266 249 (2) A person 11 years of age may apply for or obtain a [cougar or] bear hunting permit
260267 250consistent with the requirements of Subsection (1) if that person's 12th birthday falls within the
261268 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
264270 253used for the hunter education program.
265271 254 Section 5. Section 23-19-24 is amended to read:
266272 255 23-19-24. Resident hunting license -- Use of fee.
267273 256 (1) A resident, after paying the fee established by the Wildlife Board, may obtain a
268274 257hunting license.
269275 258 (2) A hunting license authorizes the licensee to, according to this title and the Wildlife
270276 259Board's rules and proclamations:
271277 260 (a) take small game; [and]
272278 261 (b) hunt or trap cougar during a period beginning on January 1 and ending on
273279 262December 31; and
274280 263 [(b)] (c) apply for or obtain a big game, [cougar,] bear, or turkey hunting permit.
275281 264 (3) Up to $1 of the hunting license fee may be used for the hunter education program.
276282 265 (4) (a) Up to 50 cents of the hunting license fee may be used for the upland game
277283 266program to:
278284 267 (i) acquire pen-raised birds; or
279285 268 (ii) capture and transplant upland game species.
280286 269 (b) The hunting license fee revenue designated for the upland game program by
281287 270Subsection (4)(a) is in addition to any hunting license fee revenue that may be used for the
282288 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 -
284291 273 23-19-26. Nonresident hunting license -- Use of fee.
285292 274 (1) A nonresident, after paying the fee established by the Wildlife Board, may obtain a
286293 275hunting license.
287294 276 (2) A hunting license authorizes the licensee to, according to this title and the Wildlife
288295 277Board's rules and proclamations:
289296 278 (a) take small game; [and]
290297 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
293299 281 [(b)] (c) apply for or obtain a big game, [cougar,] bear, or turkey hunting permit.
294300 282 (3) (a) Up to 50 cents of the hunting license fee may be used for the upland game
295301 283program to:
296302 284 (i) acquire pen-raised birds; or
297303 285 (ii) capture and transplant upland game species.
298304 286 (b) The hunting license fee revenue designated for the upland game program by
299305 287Subsection (3)(a) is in addition to any hunting license fee revenue that may be used for the
300306 288upland game program as provided by Sections 23-19-43 and 23-19-47.
301307 289 Section 7. Section 23-19-47 is amended to read:
302308 290 23-19-47. Portion of revenue from license, permit, stamp, certificate of
303309 291registration, and Wildlife Heritage certificate fees deposited in Wildlife Habitat Account.
304310 292 (1) Fifty cents of the fee charged for any of the following licenses or stamps shall be
305311 293deposited in the Wildlife Habitat Account created in Section 23-19-43:
306312 294 (a) a one-day fishing license; or
307313 295 (b) a one-day fishing stamp.
308314 296 (2) Three dollars and fifty cents of the fee charged for any of the following licenses or
309315 297permits shall be deposited in the Wildlife Habitat Account created in Section 23-19-43:
310316 298 (a) a fishing license, except any one-day fishing license;
311317 299 (b) a hunting license;
312318 300 (c) a combination license;
313319 301 (d) a furbearer license; or
314320 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 -
316323 304certificates of registration, permits, or Wildlife Heritage certificates shall be deposited in the
317324 305Wildlife Habitat Account created in Section 23-19-43:
318325 306 (a) a certificate of registration for the dedicated hunter program, except a certificate of
319326 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;
322328 309 (c) a bear permit;
323329 310 [(d) a cougar permit;]
324330 311 [(e)] (d) a turkey permit;
325331 312 [(f)] (e) a muskrat permit; or
326332 313 [(g)] (f) a Wildlife Heritage certificate.
327333 314 Section 8. Section 23-19-49 is amended to read:
328334 315 23-19-49. Air rifle hunting.
329335 316 (1) As used in this section:
330336 317 (a) "Division" means the Division of Wildlife Resources.
331337 318 (b) "Pre-charged pneumatic air rifle" means a rifle that fires a single projectile with
332338 319compressed air released from a chamber:
333339 320 (i) built into the rifle; and
334340 321 (ii) pressurized at a minimum of 2,000 pounds per square inch from an external high
335341 322compression device or source, such as a hand pump, compressor, or scuba tank.
336342 323 (2) [(a)] An individual [shall obtain a permit issued under this section before using]
337343 324may use a pre-charged pneumatic air rifle to hunt:
338344 325 (a) a species of protected wildlife designated by the Wildlife Board;
339345 326 (b) a cottontail rabbit;
340346 327 (c) a snowshoe hare; or
341347 328 (d) a turkey, with a fall turkey permit.
342348 329 [(b) The Wildlife Board shall by rule, made in accordance with Title 63G, Chapter 3,
343349 330Utah Administrative Rulemaking Act, designate which species of wildlife may be hunted with
344350 331the use of a pre-charged pneumatic air rifle.]
345351 332 (3) The division shall review [the funding available for the regulation of] available
346352 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 -
348355 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.
351357 337 Section 9. Section 23-21-8 is enacted to read:
352358 338 23-21-8. Wildlife Land and Water Acquisition Program.
353359 339 (1) As used in this section, "program" means the Wildlife Land and Water Acquisition
354360 340Program created in Subsection (2).
355361 341 (2) There is created a program known as the "Wildlife Land and Water Acquisition
356362 342Program" under which the division may lease or acquire land or water assets that achieve one
357363 343or more of the following:
358364 344 (a) protect and enhance wildlife populations;
359365 345 (b) provide the public the opportunity to hunt, trap, or fish; and
360366 346 (c) conserve, protect, and enhance wildlife habitat.
361367 347 (3) In making a decision as to whether to lease or acquire land or water assets, the
362368 348division shall:
363369 349 (a) consult the relevant state or county resource management plan;
364370 350 (b) prioritize leases or acquisitions that involve land that:
365371 351 (i) is adjacent to land already owned by the division; or
366372 352 (ii) provides access to other public land;
367373 353 (c) develop a management plan for the land or water asset in a manner consistent with
368374 354Section 23-21-2.1; and
369375 355 (d) facilitate grazing as a management tool if consistent with the management plan
370376 356described in Subsection (3)(c).
371377 357 (4) The division shall annually report to the Natural Resources, Agriculture, and
372378 358Environmental Quality Appropriations Subcommittee regarding how the division expends
373379 359money in the program.
374380 360 Section 10. Section 23-23-2 is amended to read:
375381 361 23-23-2. Definitions.
376382 362 As used in this chapter:
377383 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 -
381387 366 (2) (a) "Cooperative wildlife management unit agent" means a person appointed by a
382388 367landowner, landowner association, or landowner association operator to perform the functions
383389 368described in Section 23-23-9.
384390 369 (b) For purposes of this chapter, a cooperative wildlife management unit agent may
385391 370not:
386392 371 (i) be appointed by the division or the state;
387393 372 (ii) be an employee or agent of the division;
388394 373 (iii) receive compensation from the division or the state to act as a cooperative wildlife
389395 374management unit agent; or
390396 375 (iv) act as a peace officer or perform any duties of a peace officer without qualifying as
391397 376a peace officer under Title 53, Chapter 13, Peace Officer Classifications.
392398 377 (3) "Cooperative wildlife management unit authorization" means a card, label, ticket,
393399 378or other identifying document authorizing the possessor to hunt small game or waterfowl in a
394400 379cooperative wildlife management unit.
395401 380 (4) "Cooperative wildlife management unit permit" means a permit authorizing the
396402 381possessor to hunt [cougar,] turkey[,] or big game in a cooperative wildlife management unit.
397403 382 (5) "Division" means the Division of Wildlife Resources.
398404 383 (6) "Landowner association" means a landowner or an organization of owners of
399405 384private lands who operates a cooperative wildlife management unit.
400406 385 (7) (a) "Landowner association operator" means a person designated by a landowner
401407 386association to operate the cooperative wildlife management unit.
402408 387 (b) For purposes of this chapter, a landowner association operator may not:
403409 388 (i) be appointed by the division; or
404410 389 (ii) be an employee or agent of the division.
405411 390 Section 11. Section 23-23-3 is amended to read:
406412 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
409414 393wildlife management units organized for the hunting of small game, waterfowl, [cougar,]
410415 394turkey, or big game that in its judgment are necessary to administer and enforce the provisions
411416 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 -
413419 397 23-23-6. Season dates -- Boundaries -- Review by councils and board.
414420 398 (1) The Wildlife Board shall establish season dates and boundaries for each
415421 399cooperative wildlife management unit except as provided in Subsection (2).
416422 400 (2) (a) A season date for a cooperative wildlife management unit that provides one
417423 401buck deer permit or more per every 640 acres shall begin on September 1 and end on October
418424 40231.
419425 403 (b) A cooperative wildlife management unit that provides less than one buck deer
420426 404permit per every 640 acres may select the following season date options:
421427 405 (i) beginning on September 1 and ending on October 31; or
422428 406 (ii) beginning on September 11 and ending on November 10.
423429 407 (c) In accordance with Subsection 23-14-18(3), if the season dates specified in this
424430 408Subsection (2) start on a Sunday, the season date shall begin on the Saturday before.
425431 409 [(2)] (3) Season dates may differ from general statewide season dates.
426432 410 [(3)] (4) At least every five years, cooperative wildlife management units containing
427433 411public land will be reviewed by the regional advisory councils and the Wildlife Board.
428434 412 Section 13. Section 23-23-7 is amended to read:
429435 413 23-23-7. Permits -- Acreage and lands that may be included -- Posting of
430436 414boundaries.
431437 415 (1) The division shall provide cooperative wildlife management unit authorizations for
432438 416hunting small game or waterfowl to the cooperative wildlife management unit, free of charge.
433439 417 (2) At least 50% of the cooperative wildlife management unit authorizations for
434440 418hunting small game or waterfowl provided to a cooperative wildlife management unit shall be
435441 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.
438443 421 (3) (a) Cooperative wildlife management units organized for hunting small game or
439444 422waterfowl shall consist of private land.
440445 423 (b) At least 75% of the acreage within the boundaries of each cooperative wildlife
441446 424management unit organized for the hunting of small game or waterfowl shall be open to
442447 425hunting by holders of valid authorizations.
443448 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 -
445451 428 (b) A cooperative wildlife management unit shall issue one buck deer permit or less
446452 429per every 320 acres to be eligible to receive buck deer permits.
447453 430 [(4)] (5) (a) The division may issue cooperative wildlife management unit permits for
448454 431hunting [cougar,] turkey[,] or big game to permittees:
449455 432 (i) qualifying through a public drawing; or
450456 433 (ii) named by the cooperative wildlife management unit operator.
451457 434 (b) The Wildlife Board may specify by rule those persons who are eligible to draw a
452458 435cooperative wildlife management unit permit in a public drawing.
453459 436 [(5)] (6) (a) Cooperative wildlife management units organized for hunting [cougar,]
454460 437turkey[,] or big game shall consist of private land to the extent practicable. Public land may be
455461 438included within a cooperative wildlife management unit if:
456462 439 (i) the public land is completely surrounded by private land or is otherwise inaccessible
457463 440to the general public;
458464 441 (ii) including public land is necessary to establish a readily identifiable boundary; or
459465 442 (iii) including public land is necessary to achieve [cougar,] turkey[,] or big game
460466 443management objectives.
461467 444 (b) If any public land is included within a cooperative wildlife management unit:
462468 445 (i) the landowner association shall meet applicable federal or state land use
463469 446requirements on the public land; and
464470 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
467472 449within the cooperative wildlife management unit.
468473 450 [(6)] (7) Each landowner association shall:
469474 451 (a) clearly post all boundaries of the unit by displaying signs containing information
470475 452prescribed by rule of the Wildlife Board at the locations specified in Subsection
471476 45323-20-14(1)(d); and
472477 454 (b) provide a written copy of its guidelines to each holder of an authorization or permit.
473478 455 Section 14. Section 23-23-10 is amended to read:
474479 456 23-23-10. Possession of permits and licenses by hunter -- Restrictions.
475480 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 -
477483 459 (a) a valid cooperative wildlife management unit authorization or permit or other
478484 460permit as authorized by the wildlife board; and
479485 461 (b) the necessary hunting licenses, tags, and stamps.
480486 462 (2) A cooperative wildlife management unit authorization or permit:
481487 463 (a) entitles the holder to hunt only in the unit specified on the authorization or permit
482488 464pursuant to rules and proclamations of the Wildlife Board and does not entitle the holder to
483489 465hunt on any other private or public land; and
484490 466 (b) constitutes written permission for trespass as required under Section 23-20-14.
485491 467 (3) A cooperative wildlife management unit may address the number of individuals a
486492 468cooperative wildlife management unit permit holder may select as companions, except that a
487493 469cooperative wildlife management unit shall allow, at a minimum, one companion to
488494 470accompany free of charge the cooperative wildlife management unit permit holder.
489495 471 Section 15. Section 58-79-103 is enacted to read:
490496 472 58-79-103. Hunting guide and outfitter rules.
491497 473 Before enacting, amending, repealing, or otherwise modifying a rule made under this
492498 474chapter, in addition to complying with Section 58-1-106 and Title 63G, Chapter 3, Utah
493499 475Administrative Rulemaking Act, the division shall consult with the Division of Wildlife
494-476Resources. H.B. 469 Enrolled Copy
495-- 18 -
500+476Resources.
496501 477 Section 16. Section 58-79-401 is amended to read:
497502 478 58-79-401. Grounds for denial of registration -- Disciplinary proceedings.
498503 479 (1) Grounds for refusing to issue a registration to an applicant, for refusing to renew
499504 480the registration of a registrant, for revoking, suspending, restricting, or placing on probation the
500505 481registration of a registrant, for issuing a public or private reprimand to a registrant, and for
501506 482issuing a cease and desist order under this chapter shall be in accordance with the provisions
502507 483applicable to a licensee under Section 58-1-401.
503508 484 (2) (a) The division shall refuse to issue a registration to an applicant and shall refuse
504509 485to renew or shall revoke the registration of a registrant during the time period the Division of
505510 486Wildlife Resources suspends the applicant's or registrant's privilege to hunt or fish under Title
506511 48723, Wildlife Resources Code of Utah.
507512 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 -
509515 490which an applicant or registrant provides hunting guide services or outfitting services, during
510516 491the time period that the chief executive officer's privilege to hunt or fish is suspended, the
511517 492division shall refuse to issue a registration to the applicant and shall refuse to renew or shall
512518 493revoke the registration of the registrant.
513519 494 (c) If the Division of Wildlife Resources suspends the privilege to hunt or fish under
514520 495Title 23, Wildlife Resources Code of Utah, of a registrant under which an applicant or
515521 496registrant provides hunting guide services or outfitting services, during the time period that the
516522 497registrant's privilege to hunt or fish is suspended, the division shall refuse to issue a registration
517523 498to the applicant and shall refuse to renew or shall revoke the registration of the registrant.
518524 499 Section 17. Section 63J-1-602.2 is amended to read:
519525 500 63J-1-602.2. List of nonlapsing appropriations to programs.
520526 501 Appropriations made to the following programs are nonlapsing:
521527 502 (1) The Legislature and the Legislature's committees.
522528 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
525530 505Section 53F-9-103.
526531 506 (3) The Percent-for-Art Program created in Section 9-6-404.
527532 507 (4) The LeRay McAllister Critical Land Conservation Program created in Section
528533 5084-46-301.
529534 509 (5) The Utah Lake Authority created in Section 11-65-201.
530535 510 (6) Dedicated credits accrued to the Utah Marriage Commission as provided under
531536 511Subsection 17-16-21(2)(d)(ii).
532537 512 (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
533538 513the Pelican Management Act, as provided in Section 23-21a-6.
534539 514 (8) The Wildlife Land and Water Acquisition Program created in Section 23-21-8.
535540 515 [(8)] (9) The Emergency Medical Services Grant Program in Section 26-8a-207.
536541 516 [(9)] (10) The primary care grant program created in Section 26-10b-102.
537542 517 [(10)] (11) Sanctions collected as dedicated credits from Medicaid providers under
538543 518Subsection 26-18-3(7).
539544 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 -
541547 521 [(12)] (13) The Rural Physician Loan Repayment Program created in Section
542548 52226-46a-103.
543549 523 [(13)] (14) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
544550 524 [(14)] (15) The Utah Medical Education Council for the:
545551 525 (a) administration of the Utah Medical Education Program created in Section
546552 52626-69-403;
547553 527 (b) provision of medical residency grants described in Section 26-69-407; and
548554 528 (c) provision of the forensic psychiatric fellowship grant described in Section
549555 52926-69-408.
550556 530 [(15)] (16) Funds that the Department of Alcoholic Beverage Services retains in
551557 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
554559 533Workforce Services, as provided in Section 35A-3-401.
555560 534 [(17)] (18) The Utah National Guard, created in Title 39, Militia and Armories.
556561 535 [(18)] (19) The State Tax Commission under Section 41-1a-1201 for the:
557562 536 (a) purchase and distribution of license plates and decals; and
558563 537 (b) administration and enforcement of motor vehicle registration requirements.
559564 538 [(19)] (20) The Search and Rescue Financial Assistance Program, as provided in
560565 539Section 53-2a-1102.
561566 540 [(20)] (21) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
562567 541 [(21)] (22) The Utah Board of Higher Education for teacher preparation programs, as
563568 542provided in Section 53B-6-104.
564569 543 [(22)] (23) Innovation grants under Section 53G-10-608, except as provided in
565570 544Subsection 53G-10-608(6).
566571 545 [(23)] (24) The Division of Services for People with Disabilities, as provided in
567572 546Section 62A-5-102.
568573 547 [(24)] (25) The Division of Fleet Operations for the purpose of upgrading underground
569574 548storage tanks under Section 63A-9-401.
570575 549 [(25)] (26) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
571576 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 -
573579 552 [(27)] (28) The Office of Administrative Rules for publishing, as provided in Section
574580 55363G-3-402.
575581 554 [(28)] (29) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
576582 555Colorado River Authority of Utah Act.
577583 556 [(29)] (30) The Governor's Office of Economic Opportunity to fund the Enterprise
578584 557Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
579585 558 [(30)] (31) The Governor's Office of Economic Opportunity's Rural Employment
580586 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.
583588 561 [(31)] (32) Programs for the Jordan River Recreation Area as described in Section
584589 56265A-2-8.
585590 563 [(32)] (33) The Division of Human Resource Management user training program, as
586591 564provided in Section 63A-17-106.
587592 565 [(33)] (34) A public safety answering point's emergency telecommunications service
588593 566fund, as provided in Section 69-2-301.
589594 567 [(34)] (35) The Traffic Noise Abatement Program created in Section 72-6-112.
590595 568 [(35)] (36) The money appropriated from the Navajo Water Rights Negotiation
591596 569Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
592597 570participating in a settlement of federal reserved water right claims.
593598 571 [(36)] (37) The Judicial Council for compensation for special prosecutors, as provided
594599 572in Section 77-10a-19.
595600 573 [(37)] (38) A state rehabilitative employment program, as provided in Section
596601 57478A-6-210.
597602 575 [(38)] (39) The Utah Geological Survey, as provided in Section 79-3-401.
598603 576 [(39)] (40) The Bonneville Shoreline Trail Program created under Section 79-5-503.
599604 577 [(40)] (41) Adoption document access as provided in Sections 78B-6-141, 78B-6-144,
600605 578and 78B-6-144.5.
601606 579 [(41)] (42) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
602607 580Defense Commission.
603608 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 -
605611 583and pay lease payments for the use and occupancy of buildings owned by the Division of
606612 584Facilities Construction and Management.
607613 585 [(43)] (44) The State Tax Commission for reimbursing counties for deferred property
608614 586taxes in accordance with Section 59-2-1802.
609615 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
612617 589Resources is authorized to charge the following two fees in the amounts shown:
613618 590 (1) instead of a variable fee for resident or nonresident dedicated hunter hourly labor
614619 591buyout, a fee of $40 per hour; and
615620 592 (2) a nonresident draw application fee of $16.
616621 593 Section 19. Appropriation.
617622 594 The following sums of money are appropriated for the fiscal year beginning July 1,
618623 5952023, and ending June 30, 2024. These are additions to amounts previously appropriated for
619624 596fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
620625 597Act, the Legislature appropriates the following sums of money from the funds or accounts
621626 598indicated for the use and support of the government of the state of Utah.
622627 599ITEM 1
623628 600To Department of Natural Resources -- Wildlife Land and Water Acquisition Program
624629 601 From General Fund 1,000,000
625630 602 Schedule of Programs:
626631 603 Wildlife Land and Water Acquisition Program 1,000,000
627632 604 The Legislature intends that the ongoing appropriation to the Wildlife Land and Water
628633 605Acquisition Program, created in this bill, be nonlapsing and that it be expended only for the
629634 606purposes of the Wildlife Land and Water Acquisition Program.
630635 607 Section 20. Effective date.
631636 608 (1) Except as provided in Subsection (2), this bill takes effect on May 3, 2023.
632637 609 (2) The actions affecting the following sections take effect on August 1, 2024:
633638 610 (a) Section 23-23-6;
634639 611 (b) Section 23-23-7; and
635640 612 (c) Section 23-23-10.