H.B. 177

1

WILDLIFE LICENSE REFUND AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Margaret Dayton
5
6 LONG TITLE
7 General Description:
8 This bill amends wildlife license refund provisions to provide for a refund if a person
9 becomes ill or suffers an injury that precludes that person from being able to participate
10 in the activity for which the license, certificate, or permit was issued.
11 Highlighted Provisions:
12 This bill:
13 . amends wildlife license refund provisions to provide for a refund if a person
14 becomes ill or suffers an injury that precludes that person from being able to
15 participate in the activity for which the license, certificate, or permit was issued.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 23-19-38, as last amended by Chapter 140, Laws of Utah 1998
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 23-19-38 is amended to read:
26 23-19-38. Sales of licenses, certificates, or permits final -- Exceptions --
27 Reallocation of surrendered permits.

28 (1) Sales of all licenses, certificates, or permits are final, and no refunds may be made
29 by the division except as provided in Subsection (2).
30 (2) The division may refund the amount of the license, certificate, or permit if:
31 (a) the division or the Wildlife Board discontinues the activity for which the license,
32 certificate, or permit was obtained;
33 (b) the division determines that it has erroneously collected a fee;
34 (c) (i) [a] the person [is not able to participate in a permitted activity due to illness or
35 injury] to whom the license, certificate, or permit is issued becomes ill or suffers an injury that
36 would preclude that person from being able to participate in the activity for which the license,
37 certificate, or permit was obtained;
38 (ii) the person furnishes verification of illness or injury from a physician; [and]
39 (iii) the person does not actually participate in the activity for which the license,
40 certificate, or permit was obtained; and
41 [(iii)] (iv) the license, certificate, or permit is surrendered before the end of the season
42 for which the permit was issued [begins]; or
43 (d) the person to whom the license, certificate, or permit is issued dies prior to that
44 person's being able to participate in the activity for which the license, certificate, or permit was
45 obtained.
46 (3) The division director may reallocate surrendered permits in accordance with rules
47 adopted by the Wildlife Board.




Legislative Review Note
as of 11-29-04 5:08 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