H.B. 421

1

SUSPENSION OF HUNTING OR FISHING
2 PRIVILEGES FOR ILLEGAL VEHICLE USE
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Fred R. Hunsaker
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill authorizes the Division of Wildlife Resources to suspend privileges for illegal
11 vehicle use.
12 Highlighted Provisions:
13 This bill:
14 . requires the suspension of Wildlife Resources license or permit privileges if the
15 person, while engaged in a wildlife related activity:
16 . violates off-highway vehicle restrictions; or
17 . operates a motor vehicle on land not open to motor vehicle use.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 23-19-9, as repealed and reenacted by Chapter 224, Laws of Utah 2001
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 23-19-9 is amended to read:

28 23-19-9. Suspension of license or permit privileges -- Suspension of certificates of
29 registration.
30 (1) As used in this section[,]:
31 (a) "[license] License or permit privileges" means the privilege of applying for,
32 purchasing, and exercising the benefits conferred by a license or permit issued by the division.
33 (b) "Wildlife related activity" means to hunt, pursue, harass, catch, capture, angle,
34 seine, trap, kill, observe, photograph, locate, or collect protected wildlife or its parts.
35 (2) A hearing officer, appointed by the division, shall suspend a person's [privilege of
36 applying for, purchasing, and exercising the benefits conferred by one or more licenses or
37 permits issued by the division] license or permit privileges if:
38 (a) in a court of law, the person:
39 (i) is convicted of:
40 (A) violating this title or a rule of the Wildlife Board;
41 (B) killing or injuring domestic livestock while engaged in an activity regulated under
42 this title; [or]
43 (C) violating Section 76-10-508 while engaged in an activity regulated under this title;
44 (D) violating Section 41-22-10.3 , 41-22-12 , or 41-22-13 ; or
45 (E) operating a motor vehicle, as defined in Section 41-22-2 , on land not open to motor
46 vehicle use;
47 (ii) enters into a plea in abeyance agreement, in which the person pleads guilty or no
48 contest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; or
49 (iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the person
50 enters into a diversion agreement which suspends the prosecution of the offense; [and]
51 (b) the hearing officer determines the person committed the offense intentionally,
52 knowingly, or recklessly, as defined in Section 76-2-103 [.]; and
53 (c) for offenses listed in Subsections (2)(a)(i)(D) and (E), the hearing officer
54 determines the person committed the offense for the purpose of engaging in a wildlife related
55 activity.
56 (3) The Wildlife Board shall make rules establishing guidelines for a hearing officer to
57 consider in determining the type of license or permit privileges to suspend.
58 (4) Except as provided in Subsection (5), a hearing officer shall suspend a person's

59 license or permit privileges pursuant to Subsection (2) for the following time periods:
60 (a) seven years for:
61 (i) a felony conviction;
62 (ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is
63 held in abeyance pursuant to a plea in abeyance agreement; or
64 (iii) being charged with an offense punishable as a felony, the prosecution of which is
65 suspended pursuant to a diversion agreement;
66 (b) five years for:
67 (i) a class A misdemeanor conviction;
68 (ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor,
69 which plea is held in abeyance pursuant to a plea in abeyance agreement; or
70 (iii) being charged with an offense punishable as a class A misdemeanor, the
71 prosecution of which is suspended pursuant to a diversion agreement; and
72 (c) three years for:
73 (i) a class B misdemeanor conviction under Section 23-20-4 ;
74 (ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor
75 under Section 23-20-4 , which plea is held in abeyance pursuant to a plea in abeyance
76 agreement; or
77 (iii) being charged with an offense punishable as a class B misdemeanor under Section
78 23-20-4 , the prosecution of which is suspended pursuant to a diversion agreement.
79 (5) Suspension periods as set forth in Subsection (4) shall be doubled for offenses:
80 (a) committed in violation of an existing suspension or revocation order issued by the
81 courts, division, or Wildlife Board; or
82 (b) involving the unlawful taking of a trophy animal, as defined in Section 23-13-2 .
83 (6) (a) A hearing officer may suspend, pursuant to Subsection (2), a person's privilege
84 to apply for, purchase, and exercise the benefits conferred by a particular license or permit only
85 once for each single criminal episode, as defined in Section 76-1-401 .
86 (b) If a hearing officer addresses two or more single criminal episodes in a hearing, the
87 suspension periods of any license or permit privileges of the same type suspended, pursuant to
88 Subsection (2), shall run consecutively.
89 (c) If a hearing officer suspends, pursuant to Subsection (2), license or permit

90 privileges of the type that have been previously suspended by a court, a hearing officer, or the
91 Wildlife Board and the suspension period has not expired, the suspension periods shall run
92 consecutively.
93 (7) (a) A hearing officer, appointed by the division, shall suspend a person's privilege
94 of applying for, purchasing, and exercising the benefits conferred by one or more licenses or
95 permits issued by the division if:
96 (i) within a five-year period, the person, on three or more occasions, in a court of law,
97 is convicted or enters into a plea in abeyance agreement or diversion agreement as follows:
98 (A) the person is convicted of an offense listed in Subsection (2)(a)(i) that is
99 punishable as a class B or C misdemeanor;
100 (B) the person enters into a plea in abeyance agreement in which the person pleads
101 guilty or no contest to an offense listed in Subsection (2)(a)(i) that is punishable as a class B or
102 C misdemeanor, and the plea is held in abeyance; or
103 (C) the person is charged with an offense listed in Subsection (2)(a)(i) that is
104 punishable as a class B or C misdemeanor, and the person enters into a diversion agreement,
105 which suspends the prosecution of the offense;
106 (ii) each conviction, plea in abeyance agreement, or diversion agreement listed in
107 Subsection (7)(a)(i) originated from a separate single criminal episode; and
108 (iii) a suspension or revocation order has not been previously issued as a result of any
109 conviction, plea in abeyance agreement, or diversion agreement listed in Subsection (7)(a)(i).
110 (b) An order of suspension may be issued, under this Subsection (7), on a strict liability
111 basis.
112 (c) A hearing officer shall suspend a person's license or permit privileges, pursuant to
113 this Subsection (7), for a time period equal to the sum of the following:
114 (i) one year for each:
115 (A) class B misdemeanor conviction;
116 (B) plea of guilty or no contest to an offense punishable as a class B misdemeanor,
117 which plea is held in abeyance pursuant to a plea in abeyance agreement; or
118 (C) charge of committing an offense punishable as a class B misdemeanor, the
119 prosecution of which is suspended pursuant to a diversion agreement; and
120 (ii) six months for each:

121 (A) class C misdemeanor conviction;
122 (B) plea of guilty or no contest to an offense punishable as a class C misdemeanor,
123 which plea is held in abeyance pursuant to a plea in abeyance agreement; or
124 (C) charge of committing an offense punishable as a class C misdemeanor, the
125 prosecution of which is suspended pursuant to a diversion agreement.
126 (8) (a) A hearing officer, appointed by the division, may suspend a person's privilege of
127 applying for, purchasing, and exercising the benefits conferred by a certificate of registration if:
128 (i) the hearing officer determines the person intentionally, knowingly, or recklessly, as
129 defined in Section 76-2-103 , violated:
130 (A) this title;
131 (B) a rule or order of the Wildlife Board;
132 (C) the terms of a certificate of registration; or
133 (D) the terms of a certificate of registration application or agreement; or
134 (ii) the person, in a court of law:
135 (A) is convicted of an offense that the hearing officer determines bears a reasonable
136 relationship to the person's ability to safely and responsibly perform the activities authorized by
137 the certificate of registration;
138 (B) pleads guilty or no contest to an offense that the hearing officer determines bears a
139 reasonable relationship to the person's ability to safely and responsibly perform the activities
140 authorized by the certificate of registration, and the plea is held in abeyance in accordance with
141 a plea in abeyance agreement; or
142 (C) is charged with an offense that the hearing officer determines bears a reasonable
143 relationship to the person's ability to safely and responsibly perform the activities authorized by
144 the certificate of registration, and prosecution of the offense is suspended in accordance with a
145 diversion agreement.
146 (b) All certificates of registration for the harvesting of brine shrimp eggs, as defined in
147 Section 59-23-3 , shall be suspended by a hearing officer, if the hearing officer determines the
148 holder of the certificates of registration has violated Section 59-23-5 .
149 (c) Subsections (4), (5), and (6) do not apply to suspensions of certificates of
150 registration.
151 (9) The director shall appoint a qualified person as a hearing officer to perform the

152 adjudicative functions provided in this section. The director may not appoint a division
153 employee who investigates or enforces wildlife violations.
154 (10) (a) The courts may suspend, in criminal sentencing, a person's privilege to apply
155 for, purchase, or exercise the benefits conferred by a license, permit, or certificate of
156 registration.
157 (b) The courts shall promptly notify the division of any suspension orders or
158 recommendations entered.
159 (c) The division, upon receiving notification of suspension from the courts, shall
160 prohibit the person from applying for, purchasing, or exercising the benefits conferred by a
161 license, permit, or certification of registration for the duration and of the type specified in the
162 court order.
163 (d) The hearing officer shall consider any recommendation made by a sentencing court
164 concerning suspension before issuing a suspension order.
165 (11) (a) A person may not apply for, purchase, possess, or attempt to exercise the
166 benefits conferred by any permit, license, or certificate of registration specified in an order of
167 suspension while that order is in effect. Any license possessed or obtained in violation of the
168 order shall be considered invalid.
169 (b) A person who violates Subsection (11)(a) is guilty of a class B misdemeanor.
170 (12) Before suspension under this section, a person must be:
171 (a) given written notice of any action the division intends to take; and
172 (b) provided with an opportunity for a hearing.
173 (13) (a) A person may file an appeal of a hearing officer's decision with the Wildlife
174 Board.
175 (b) The Wildlife Board shall review the hearing officer's findings and conclusions and
176 any written documentation submitted at the hearing. The Wildlife Board may:
177 (i) take no action;
178 (ii) vacate or remand the decision; or
179 (iii) amend the period or type of suspension.
180 (14) The division shall suspend and reinstate all hunting, fishing, trapping, and
181 falconry privileges consistent with Title 23, Chapter 25, Wildlife Violator Compact.
182 (15) The Wildlife Board may make rules to implement this section in accordance with

183 Title 63, Chapter 46a, Utah Administrative Rulemaking Act, and Title 63, Chapter 46b,
184 Administrative Procedures Act.




Legislative Review Note
as of 2-1-07 2:10 PM

Office of Legislative Research and General Counsel