H.B. 328

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
8 LONG TITLE
9 General Description:
10 This bill removes the age requirement for hunting small game.
11 Highlighted Provisions:
12 This bill:
13 . removes the age requirement to hunt turkey and small game;
14 . clarifies the meaning of verbal communication for adult supervision; and
15 . makes technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill takes effect on August 1, 2006.
20 Utah Code Sections Affected:
21 AMENDS:
22 23-19-17, as last amended by Chapter 287, Laws of Utah 2004
23 23-19-22.6, as enacted by Chapters 66 and 287, Laws of Utah 2004
24 23-19-24, as last amended by Chapter 22, Laws of Utah 2001
25 23-19-26, as last amended by Chapter 287, Laws of Utah 2004
26 23-20-20, as last amended by Chapter 131, Laws of Utah 1988
27 REPEALS:

28 23-19-25, as last amended by Chapter 287, Laws of Utah 2004
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 23-19-17 is amended to read:
32 23-19-17. Resident fishing and hunting license -- Use of fee.
33 (1) A resident [12 years of age or older], upon payment of the fee prescribed by the
34 Wildlife Board, may receive a combination license to fish and to hunt for small game as
35 provided in the rules of the Wildlife Board.
36 [(2) A person 11 years of age, upon payment of the fee, may obtain a license to fish and
37 to hunt small game if that person's 12th birthday falls within the calendar year in which the
38 license is issued.]
39 [(3)] (2) One dollar of the combination license fee shall be used for the hunter
40 education program [in] for any of the following:
41 (a) instructor and student training;
42 (b) assisting local organizations with development;
43 (c) maintenance of existing facilities; or
44 (d) operation and maintenance of the hunter education program.
45 [(4)] (3) (a) Fifty cents of the combination license fee shall be used for the upland
46 game program as follows:
47 (i) to acquire pen-raised birds; or
48 (ii) to capture and transplant upland game species.
49 (b) The combination license fee revenue designated for the upland game program by
50 Subsection [(4)] (3)(a) is in addition to any combination license fee revenue that may be used
51 for the upland game program as provided by Sections 23-19-43 and 23-19-47 .
52 Section 2. Section 23-19-22.6 is amended to read:
53 23-19-22.6. Turkey hunting permit.
54 (1) A person [12 years of age or older], upon payment of the fee, may receive a permit
55 to take turkey as provided by rules of the Wildlife Board.
56 [(2) A person 11 years of age, upon payment of the fee, may obtain a permit to hunt
57 turkey if that person's 12th birthday falls within the calendar year in which the permit is
58 issued.]

59 [(3)] (2) One dollar of each turkey permit fee collected from a resident shall be used for
60 the hunter education program.
61 Section 3. Section 23-19-24 is amended to read:
62 23-19-24. Small game hunting license -- Resident -- Use of fee.
63 (1) A resident [14 years of age or older], upon payment of the fee prescribed by the
64 Wildlife Board, may receive a license to hunt small game.
65 (2) One dollar of the small game hunting license fee shall be used for the hunter
66 education program.
67 (3) (a) Fifty cents of the small game hunting license fee shall be used for the upland
68 game program as follows:
69 (i) to acquire pen-raised birds; or
70 (ii) to capture and transplant upland game species.
71 (b) The small game license fee revenue designated for the upland game program by
72 Subsection (3)(a) is in addition to any small game license fee revenue that may be used for the
73 upland game program as provided by Sections 23-19-43 and 23-19-47 .
74 Section 4. Section 23-19-26 is amended to read:
75 23-19-26. Nonresident small game hunting license -- Use of fee.
76 (1) A nonresident [12 years of age or older], upon payment of the fee prescribed by the
77 Wildlife Board, may receive a license to hunt small game.
78 [(2) A nonresident 11 years of age, upon payment of the fee, may obtain a license to
79 hunt small game if that person's 12th birthday falls within the calendar year in which the
80 license is issued.]
81 [(3)] (2) (a) Fifty cents of the small game hunting license fee shall be used for the
82 upland game program as follows:
83 (i) to acquire pen-raised birds; or
84 (ii) to capture and transplant upland game species.
85 (b) The small game license fee revenue designated for the upland game program by
86 Subsection [(3)] (2)(a) is in addition to any small game license fee revenue that may be used
87 for the upland game program as provided by Sections 23-19-43 and 23-19-47 .
88 Section 5. Section 23-20-20 is amended to read:
89 23-20-20. Children accompanied by adults while hunting with weapon.

90 (1) As used in this section[, "accompanied"]:
91 (a) "Accompanied" means at a distance within which visual and verbal communication
92 is maintained for the purposes of advising and assisting.
93 (b) (i) "Electronic device" means a mechanism powered by electricity that allows
94 communication between two or more people.
95 (ii) "Electronic device" includes a mobile telephone or two-way radio.
96 (c) "Verbal communication" means the conveyance of information through speech that
97 does not involve an electronic device.
98 (2) A person [under the age of] younger than 14 years old who is hunting with any
99 weapon must be accompanied by [his]:
100 (a) the person's parent or legal guardian[,]; or [other]
101 (b) a responsible person [of the age of] who is at least 21 years [or older and] old and
102 who is approved by [his ] the person's parent or guardian[, while hunting with any weapon].
103 (3) A person [of at least 14 years of age and under] younger than 16 years [of age] old
104 who is hunting big game with any weapon must be accompanied by [his]:
105 (a) the person's parent or legal guardian[,]; or [other]
106 (b) a responsible person [of the age of] who is at least 21 years [or older and] old and
107 who is approved by [his] the person's parent or guardian[, while hunting big game with any
108 weapon].
109 (4) A person [of] who is at least 14 years [of age and under] old but younger than 16
110 years [of age] old must be accompanied by a person [of the age of] who is at least 21 years [or
111 older] old while hunting wildlife, other than big game, with any weapon.
112 [(5) A person under the age of 12 years is not permitted to hunt for protected wildlife
113 except as provided by rules of the Wildlife Board.]
114 Section 6. Repealer.
115 This bill repeals:
116 Section 23-19-25, Resident small game hunting license -- Use of fee.
117 Section 7. Effective date.
118 This bill takes effect on August 1, 2006.

Legislative Review Note
as of 1-24-06 11:00 AM

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