H.B. 80 Enrolled

WILDLIFE LICENSE AGENTS - PENALTIES
FOR VIOLATIONS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Bradley G. Last

LONG TITLE
General Description:
This bill amends wildlife licensing agent provisions.
Highlighted Provisions:
This bill:
. amends compensation provisions for wildlife licensing agents;
. prohibits wildlife licensing agents from failing to date a license, permit, or tag; and
. amends wildlife licensing agent penalty provisions.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
23-19-15, as last amended by Chapter 195, Laws of Utah 2000

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 23-19-15 is amended to read:
23-19-15. License agents -- Authority -- Bond -- Compensation -- Violations.
(1) The director of the division may designate wildlife license agents to sell licenses,
permits, and tags.
(2) Wildlife license agents may:
(a) sell licenses, permits, and tags to all eligible applicants, except those licenses,

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

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under Subsection (5)(a):
(i) is at least $1,000, but less than $10,000;
(ii) is not submitted for one or more months; and
(iii) remains uncollectable.
(c) A violation of this section is a felony of the third degree if the aggregate amount
required under Subsection (5)(a):
(i) is $10,000 or more;
(ii) is not submitted for one or more months; and
(iii) remains uncollectable.
(8) Violation of any provision of this section may be cause for revocation of the wildlife
license agent authorization.

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