H.B. 160

1

WILDLIFE LICENSE AGENTS AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Julie Fisher
5
6 LONG TITLE
7 General Description:
8 This bill allows the Division of Wildlife Resources to specify the date and manner that
9 wildlife license agents report sales and submit fees.
10 Highlighted Provisions:
11 This bill:
12 . allows the Division of Wildlife Resources to specify the date and manner that
13 wildlife license agents report sales and submit fees.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 23-19-15, as last amended by Chapter 87, Laws of Utah 2004
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 23-19-15 is amended to read:
24 23-19-15. License agents -- Authority -- Bond -- Compensation -- Violations.
25 (1) The director of the division may designate wildlife license agents to sell licenses,
26 permits, and tags.
27 (2) Wildlife license agents may:

28 (a) sell licenses, permits, and tags to all eligible applicants, except those licenses,
29 permits, and tags specified in Subsection 23-19-16 (2) which may be sold only by the division;
30 and
31 (b) collect a fee for each license, permit, or tag sold.
32 (3) A wildlife license agent shall receive:
33 (a) for any wildlife license, permit, or tag having a fee $10 or less and greater than $1,
34 50 cents for each wildlife license, permit, or tag sold; and
35 (b) for any wildlife license, permit, or tag having a fee greater than $10, 5% of the fee.
36 (4) The division may require wildlife license agents to obtain a bond in a reasonable
37 amount.
38 (5) (a) [On or before the 10th day of each month] As directed by the division, each
39 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;
49 and
50 (ii) belong to the state.
51 (6) A wildlife license agent may not intentionally:
52 (a) fail to date or misdate a license, permit, or tag; or
53 (b) issue a license to any person until that person furnishes proof of having passed a
54 division-approved hunter education course as provided in Section 23-19-11 or furnishes proof
55 of having passed a division-approved fur harvester education course as provided in Section
56 23-19-11.5 .
57 (7) (a) Except as provided in Subsections (7)(b) and (c), a violation of this section is a
58 class B misdemeanor.

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




Legislative Review Note
as of 11-29-04 5:06 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel