H.B. 336

1

WATERFOWL STAMP IMPLEMENTATION
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen D. Clark
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill establishes a waterfowl stamp and provides for its implementation.
10 Highlighted Provisions:
11 This bill:
12 . requires a person hunting waterfowl to obtain a waterfowl stamp;
13 . authorizes the Wildlife Board to establish a fee for the waterfowl stamp;
14 . creates a Waterfowl Stamp Account, which is a restricted account;
15 . establishes the uses of the account monies; and
16 . creates a Waterfowl Stamp Advisory Council.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 23-19-48, Utah Code Annotated 1953
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 23-19-48 is enacted to read:
27 23-19-48. Waterfowl stamp required -- Account -- Advisory council.

28 (1) While hunting waterfowl, a person who is at least 16 years old shall possess a
29 current waterfowl stamp with the person's signature in ink across the face of the waterfowl
30 stamp.
31 (2) (a) By following the procedures and requirements of Section 63-38-3.2 , the
32 Wildlife Board shall establish a fee of at least $10 for the waterfowl stamp.
33 (b) The division shall establish the form of the waterfowl stamp.
34 (3) (a) There is created within the General Fund a restricted account known as the
35 Waterfowl Stamp Account.
36 (b) The account consists of:
37 (i) waterfowl stamp fees collected under this section;
38 (ii) monies donated to the Wildlife Board for purposes specified in Subsection (4); and
39 (iii) interest on account monies.
40 (4) (a) Upon appropriation by the Legislature, the Wildlife Board may use monies from
41 the account to:
42 (i) control nonnative wetland vegetation;
43 (ii) improve or acquire waterfowl habitat;
44 (iii) conduct waterfowl research;
45 (iv) acquire public access to private land for waterfowl hunting; and
46 (v) control predators in waterfowl management areas.
47 (b) Notwithstanding Subsection (4)(a), the Wildlife Board may expend donations as
48 directed by the donor without appropriation by the Legislature.
49 (c) The Wildlife Board may not use monies from the Waterfowl Stamp Account to
50 replace existing operational waterfowl program funding.
51 (d) The Wildlife Board shall provide an annual report of all account expenditures and
52 make the report available to the public.
53 (5) (a) There is created a Waterfowl Stamp Advisory Council.
54 (b) The executive director shall appoint the following members from nominations
55 made by waterfowl organizations:
56 (i) three waterfowl hunters; and
57 (ii) two division employees.
58 (c) Except as provided by Subsection (5)(d), each member shall serve a four-year term.

59 (d) The executive director shall, at the time of appointment or reappointment, adjust
60 the term length to ensure that approximately half of the members are appointed every two
61 years.
62 (e) When a vacancy occurs in the membership, the executive director shall appoint a
63 replacement for the unexpired term.
64 (f) Council members who are not division employees may not receive compensation or
65 benefits for their services.
66 (g) The Waterfowl Stamp Advisory Council shall submit recommendations to the
67 Wildlife Board about the expenditure of account monies.




Legislative Review Note
as of 1-24-06 6:19 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