H.B. 328 Enrolled

1

ELIMINATING THE AGE REQUIREMENT FOR
2 HUNTING SMALL GAME
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Curtis Oda
6 Senate Sponsor: Thomas V. Hatch
7 Cosponsors:
8 Craig W. Buttars
9 Margaret DaytonCarl W. Duckworth
James R. GowansJohn G. Mathis
David Ure 10
11 LONG TITLE
12 General Description:
13 This bill removes the age requirement for hunting small game.
14 Highlighted Provisions:
15 This bill:
16 . removes the age requirement to hunt turkey and small game;
17 . clarifies the meaning of verbal communication for adult supervision; and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill takes effect on August 1, 2006.
23 Utah Code Sections Affected:
24 AMENDS:
25 23-19-17, as last amended by Chapter 287, Laws of Utah 2004
26 23-19-22.6, as enacted by Chapters 66 and 287, Laws of Utah 2004
27 23-19-24, as last amended by Chapter 22, Laws of Utah 2001
28 23-19-26, as last amended by Chapter 287, Laws of Utah 2004
29 23-20-20, as last amended by Chapter 131, Laws of Utah 1988

30 REPEALS:
31 23-19-25, as last amended by Chapter 287, Laws of Utah 2004
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 23-19-17 is amended to read:
35 23-19-17. Resident fishing and hunting license -- Use of fee.
36 (1) A resident [12 years of age or older], upon payment of the fee prescribed by the
37 Wildlife Board, may receive a combination license to fish and to hunt for small game as
38 provided in the rules of the Wildlife Board.
39 [(2) A person 11 years of age, upon payment of the fee, may obtain a license to fish and
40 to hunt small game if that person's 12th birthday falls within the calendar year in which the
41 license is issued.]
42 [(3)] (2) One dollar of the combination license fee shall be used for the hunter
43 education program [in] for any of the following:
44 (a) instructor and student training;
45 (b) assisting local organizations with development;
46 (c) maintenance of existing facilities; or
47 (d) operation and maintenance of the hunter education program.
48 [(4)] (3) (a) Fifty cents of the combination license fee shall be used for the upland
49 game program as follows:
50 (i) to acquire pen-raised birds; or
51 (ii) to capture and transplant upland game species.
52 (b) The combination license fee revenue designated for the upland game program by
53 Subsection [(4)] (3)(a) is in addition to any combination license fee revenue that may be used
54 for the upland game program as provided by Sections 23-19-43 and 23-19-47 .
55 Section 2. Section 23-19-22.6 is amended to read:
56 23-19-22.6. Turkey hunting permit -- Use of fee.
57 (1) A person [12 years of age or older], upon payment of the fee, may receive a permit

58 to take turkey as provided by rules of the Wildlife Board.
59 [(2) A person 11 years of age, upon payment of the fee, may obtain a permit to hunt
60 turkey if that person's 12th birthday falls within the calendar year in which the permit is
61 issued.]
62 [(3)] (2) One dollar of each turkey permit fee collected from a resident shall be used for
63 the hunter education program.
64 Section 3. Section 23-19-24 is amended to read:
65 23-19-24. Resident small game hunting license -- Use of fee.
66 (1) A resident [14 years of age or older], upon payment of the fee prescribed by the
67 Wildlife Board, may receive a license to hunt small game.
68 (2) One dollar of the small game hunting license fee shall be used for the hunter
69 education program.
70 (3) (a) Fifty cents of the small game hunting license fee shall be used for the upland
71 game program as follows:
72 (i) to acquire pen-raised birds; or
73 (ii) to capture and transplant upland game species.
74 (b) The small game license fee revenue designated for the upland game program by
75 Subsection (3)(a) is in addition to any small game license fee revenue that may be used for the
76 upland game program as provided by Sections 23-19-43 and 23-19-47 .
77 Section 4. Section 23-19-26 is amended to read:
78 23-19-26. Nonresident small game hunting license -- Use of fee.
79 (1) A nonresident [12 years of age or older], upon payment of the fee prescribed by the
80 Wildlife Board, may receive a license to hunt small game.
81 [(2) A nonresident 11 years of age, upon payment of the fee, may obtain a license to
82 hunt small game if that person's 12th birthday falls within the calendar year in which the
83 license is issued.]
84 [(3)] (2) (a) Fifty cents of the small game hunting license fee shall be used for the
85 upland game program as follows:

86 (i) to acquire pen-raised birds; or
87 (ii) to capture and transplant upland game species.
88 (b) The small game license fee revenue designated for the upland game program by
89 Subsection [(3)] (2)(a) is in addition to any small game license fee revenue that may be used
90 for the upland game program as provided by Sections 23-19-43 and 23-19-47 .
91 Section 5. Section 23-20-20 is amended to read:
92 23-20-20. Children accompanied by adults while hunting with weapon.
93 (1) As used in this section[, "accompanied"]:
94 (a) "Accompanied" means at a distance within which visual and verbal communication
95 is maintained for the purposes of advising and assisting.
96 (b) (i) "Electronic device" means a mechanism powered by electricity that allows
97 communication between two or more people.
98 (ii) "Electronic device" includes a mobile telephone or two-way radio.
99 (c) "Verbal communication" means the conveyance of information through speech that
100 does not involve an electronic device.
101 (2) A person [under the age of] younger than 14 years old who is hunting with any
102 weapon must be accompanied by [his]:
103 (a) the person's parent or legal guardian[,]; or [other]
104 (b) a responsible person [of the age of] who is at least 21 years [or older and] old and
105 who is approved by [his ] the person's parent or guardian[, while hunting with any weapon].
106 (3) A person [of at least 14 years of age and under] younger than 16 years [of age] old
107 who is hunting big game with any weapon must be accompanied by [his]:
108 (a) the person's parent or legal guardian[,]; or [other]
109 (b) a responsible person [of the age of] who is at least 21 years [or older and] old and
110 who is approved by [his] the person's parent or guardian[, while hunting big game with any
111 weapon].
112 (4) A person [of] who is at least 14 years [of age and under] old but younger than 16
113 years [of age] old must be accompanied by a person [of the age of] who is at least 21 years [or

114 older] old while hunting wildlife, other than big game, with any weapon.
115 [(5) A person under the age of 12 years is not permitted to hunt for protected wildlife
116 except as provided by rules of the Wildlife Board.]
117 Section 6. Repealer.
118 This bill repeals:
119 Section 23-19-25, Resident small game hunting license -- Use of fee.
120 Section 7. Effective date.
121 This bill takes effect on August 1, 2006.