H.B. 80

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 18, 2004 at 11:16 AM by rday. --> 1

WILDLIFE LICENSE AGENTS - PENALTIES
2 FOR VIOLATIONS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Bradley G. Last
6
7 LONG TITLE
8 General Description:
9 This bill amends wildlife licensing agent provisions.
10 Highlighted Provisions:
11 This bill:
12 . amends compensation provisions for wildlife licensing agents;
13 . prohibits wildlife licensing agents from failing to date a license, permit, or tag; and
14 . amends wildlife licensing agent penalty provisions.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 23-19-15, as last amended by Chapter 195, Laws of Utah 2000
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 23-19-15 is amended to read:
25 23-19-15. License agents -- Authority -- Bond -- Compensation -- Violations.
26 (1) The director of the division may designate wildlife license agents to sell licenses,
27 permits, and tags.

28 (2) Wildlife license agents may:
29 (a) sell licenses, permits, and tags to all eligible applicants, except those licenses,
30 permits, and tags specified in Subsection 23-19-16 (2) which may be sold only by the division;
31 and
32 (b) collect a fee for each license, permit, or tag sold.
33 (3) A wildlife license agent shall receive:
34 (a) for any wildlife license, permit, or tag having a fee [of] $10 or less and greater than
35 $1, 50 cents for each wildlife license, permit, or tag sold; and
36 (b) for any wildlife license, permit, or tag having a fee greater than $10, 5% of the fee.
37 (4) The division may require wildlife license agents to obtain a bond in a reasonable
38 amount.
39 (5) (a) On or before the 10th day of each month, each wildlife license agent shall:
40 (i) report all sales to the division; and
41 (ii) submit all of the fees obtained from the sale of licenses, permits, and tags less the
42 remuneration provided in Subsection (3).
43 (b) If a wildlife license agent fails to pay the amount due, the division may assess a
44 penalty of 20% of the amount due. All delinquent payments shall bear interest at the rate of
45 1% per month. If the amount due is not paid because of bad faith or fraud, the division shall
46 assess a penalty of 100% of the total amount due together with interest.
47 (c) All fees, except the remuneration provided in Subsection (3), shall:
48 (i) be kept separate and apart from the private funds of the wildlife license agents; and
49 (ii) belong to the state [of Utah].
50 (6) A wildlife license agent may not intentionally:
51 (a) fail to date or misdate a license, permit, or tag; or
52 (b) issue a license to any person until that person furnishes proof of having passed a
53 division approved hunter education course as provided in Section 23-19-11 or furnishes proof
54 of having passed a division-approved fur harvester education course as provided in Section
55 23-19-11.5 .
56 (7) (a) [Violation of any provision of] Except as provided in Subsections (7)(b) and (c),
57 a violation of this section is a class B misdemeanor [and].
58 (b) A violation of this section is a class A misdemeanor if the aggregate amount

59 required under Subsection (5)(a):
60 (i) is at least $1,000, but less than S [ $5,000 ] $10,000 s ;
61 (ii) is not submitted for one or more months; and
62 (iii) remains uncollectable.
63 (c) A violation of this section is a felony of the third degree if the aggregate amount
64 required under Subsection (5)(a):
65 (i) is S [ $5,000 ] $10,000 s or more;
66 (ii) is not submitted for one or more months; and
67 (iii) remains uncollectable.
68 (8) Violation of any provision of this section may be cause for revocation of the
69 wildlife license agent authorization.




Legislative Review Note
as of 1-7-04 4:43 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel