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43 23-23-6, as repealed and reenacted by Laws of Utah 1997, Chapter 258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