S.B. 59

1

EXEMPTION FROM FISHING LICENSE
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Dennis E. Stowell
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill authorizes scouts and adult scout leaders to fish without a license during a
10 scouting activity.
11 Highlighted Provisions:
12 This bill:
13 . authorizes scouts and adult scout leaders to fish during a scout troop activity
14 without a fishing license if the troop obtains a valid tour permit from the troop's
15 scouting organization;
16 . requires the scout leader to instruct the scout troop on fishing laws; and
17 . requires the Division of Wildlife Resources to provide educational materials on
18 fishing laws.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 ENACTS:
25 23-19-14.5, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 23-19-14.5 is enacted to read:
29 23-19-14.5. Persons participating in scouting activity authorized to fish without
30 license.
31 (1) The Division of Wildlife Resources shall permit a person to fish without a license
32 if:
33 (a) the person is a member or adult leader of:
34 (i) the Boy Scouts of America; or
35 (ii) the Girl Scouts of the USA;
36 (b) the fishing is part of a scout troop activity;
37 (c) the scout troop obtains from the troop's scouting organization a valid tour permit;
38 and
39 (d) the fishing is in compliance with all state fishing statutes and rules.
40 (2) (a) The adult scout leader shall instruct the scout troop on fishing statutes and rules.
41 (b) The division shall provide educational materials to the scout leader to assist the
42 scout leader in complying with Subsection (2)(a).

Legislative Review Note
as of 1-19-07 3:56 PM


As required by legislative rule and practice, the Office of Legislative Research and
General Counsel provides the following legislative review note to assist the Legislature in
making its own determination as to the constitutionality of the bill. The note is based on an
analysis of relevant state and federal constitutional law as applied to the bill. The note is not
written for the purpose of influencing whether the bill should become law, but is written to
provide information relevant to legislators' consideration of this bill. The note is not a
substitute for the judgment of the judiciary, which has authority to determine the
constitutionality of a law in the context of a specific case.

This legislation authorizes youth members and adult volunteer leaders from the Boy
Scouts of America and the Girl Scouts of the USA, which are private non-profit organizations,
to fish without a license during official scouting activities. Article VI, Section 26 of the Utah
Constitution prohibits special legislation. The Utah Supreme Court has defined special
legislation as legislation that classifies the subject of the legislation unreasonably, by selecting
a class of particular persons, places, or things to apply a privilege or burden that is not applied
to others who are similarly situated. There is a high probability that a court would determine
that this legislation classifies the Boy Scouts of America and the Girl Scouts of the USA
unreasonably to grant a privilege that is not granted to other organizations who are similarly
situated and therefore may be held unconstitutional as special legislation.

Office of Legislative Research and General Counsel