1     
WILDLIFE AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike K. McKell

5     
Senate Sponsor: Margaret Dayton

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the procedure for the acquisition or possession of a hunting license or
10     permit or a furbearer license.
11     Highlighted Provisions:
12          This bill:
13          ▸     prohibits an individual from acquiring or possessing a hunting license or permit
14     unless the individual has successfully completed a Division of Wildlife-approved
15     hunter education course;
16          ▸     prohibits an individual from acquiring or possessing a furbearer license unless the
17     individual has successfully completed a Division of Wildlife-approved furharvester
18     education course; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          23-19-11, as last amended by Laws of Utah 2014, Chapter 33
27          23-19-11.1, as enacted by Laws of Utah 2008, Chapter 217
28          23-19-11.5, as last amended by Laws of Utah 2000, Chapter 86
29          23-19-15, as last amended by Laws of Utah 2005, Chapter 68
30          23-19-17.5, as last amended by Laws of Utah 2011, Chapter 297
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 23-19-11 is amended to read:
34          23-19-11. Age restriction -- Hunter education required.
35          (1) Except as provided in Section 23-19-14.6, [a person] an individual born after
36     December 31, 1965, may not [purchase] acquire or possess a hunting license or permit unless
37     the individual [presents proof to the division or one of its authorized wildlife license agents that
38     the person has passed] has successfully completed a division-approved hunter education course
39     [offered by a state, province, or country].
40          [(2) For purposes of this section, "proof" means:]
41          [(a) a certificate of completion of a hunter education course;]
42          [(b) a preceding year's hunting license or permit issued by a state, province, or country
43     with the applicant's hunter education number noted on the hunting license or permit; or]
44          [(c) verification of completion of a hunter education course pursuant to Subsections (3)
45     and (4).]
46          [(3) If an applicant for a nonresident hunting license or permit is not able to present a
47     hunting license, permit, or a certificate of completion as provided in Subsections (1) and (2),
48     the division may contact another state, province, or country to verify the completion of a hunter
49     education course so that a nonresident hunting license or permit may be issued.]
50          [(4) If an applicant for a resident or nonresident hunting license or permit has
51     completed a hunter education course in Utah but is not able to present a hunting license,
52     permit, or a certificate of completion as provided in Subsections (1) and (2), the division may
53     research the division's hunter education records to verify that the applicant has completed the
54     hunter education course.]
55          [(5) (a) If an applicant for a resident or nonresident hunting license has completed a
56     hunter education course and is applying for a hunting permit or license through the division's
57     drawings, Internet site, or other electronic means authorized by the division, the applicant's
58     hunter education number and the name of the state, province, or country that issued the number
59     may constitute proof of completion of a hunter education course under this section.]
60          [(b) The division may research the hunter education number to verify that the applicant
61     has completed a division-approved hunter education course.]
62          [(6) Upon issuance of the hunting license or permit, the division shall indicate the
63     applicant's hunter education number on the face of the hunting license or permit.]
64          [(7) The division may charge a fee for a service provided in Subsection (3) or (4).]
65          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
66     Wildlife Board may make rules establishing:
67          (a) criteria and standards for approving a hunter education course, including a course
68     offered in another state or country; and
69          (b) procedures for verifying and documenting that an individual seeking a hunting
70     license or permit has successfully completed a division-approved hunter education course.
71          (3) (a) It is unlawful for an individual to obtain, attempt to obtain, or possess a hunting
72     license or permit in violation of the hunter education requirements in Subsection (1).
73          (b) A hunting license or permit obtained or possessed in violation of this section is
74     invalid.
75          Section 2. Section 23-19-11.1 is amended to read:
76          23-19-11.1. Hunter education practical shooting test -- Exemptions.
77          (1) Except as provided in Subsection (2), the Wildlife Board may require that the
78     division-approved hunter education course required by [Subsection 23-19-11(1)] Section
79     23-19-11 include a practical shooting test.
80          (2) A member of the United States Armed Forces, including the Utah National Guard,
81     is exempt from a practical shooting test that may be required under Subsection (1) if the
82     member has passed firearms training in the United States Armed Forces or Utah National
83     Guard.
84          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
85     Wildlife Board may make rules establishing firearms test verification requirements.
86          Section 3. Section 23-19-11.5 is amended to read:
87          23-19-11.5. Age restriction -- Proof of furharvester education required.
88          (1) [(a)] A resident born after December 31, 1984, may not [purchase a resident]
89     acquire or possess a furbearer license unless the [applicant presents:] individual has
90     successfully completed a division-approved furharvester education course.
91          [(i) a certificate of completion of a division approved furharvester education course;
92     or]
93          [(ii) an immediately preceding year's furbearer license with the furharvester education
94     number noted on the furbearer license.]
95          [(b) Upon issuance of the resident furbearer license, the division or authorized wildlife
96     license agent shall indicate the applicant's furharvester education number on the face of the
97     furbearer license.]
98          [(2) If an applicant for a resident furbearer license has completed a furharvester
99     education course in Utah but is not able to present a furbearer license or a certificate of
100     completion as provided in Subsection (1), the division may research the division's furharvester
101     education records to verify that the applicant has completed a furharvester education course in
102     Utah.]
103          [(3) (a) If an applicant for a resident furbearer license has completed a furharvester
104     education course and is applying for a furbearer license through the division's Internet site or
105     other electronic means authorized by the division, the applicant's Utah furharvester education
106     number may constitute proof of completion of a furharvester education course under this
107     section.]
108          [(b) The division may research the furharvester education number to verify that the
109     applicant has completed a division approved furharvester education course.]
110          [(4) The division may charge a fee for the service specified in Subsection (2).]
111          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
112     Wildlife Board may make rules establishing:
113          (a) criteria and standards for approving a furharvester education course, including a
114     course offered in another state or country; and
115          (b) procedures for verifying and documenting that an individual seeking a furbearer
116     license has successfully completed a division-approved furharvester education course.
117          (3) (a) It is unlawful for an individual to obtain, attempt to obtain, or possess a
118     furbearer license in violation of the furharvester education requirements in Subsection (1).
119          (b) A furbearer license or permit obtained or possessed in violation of this section is
120     invalid.
121          Section 4. Section 23-19-15 is amended to read:
122          23-19-15. License agents -- Authority -- Bond -- Compensation -- Violations.
123          (1) The director of the division may designate wildlife license agents to sell licenses,
124     permits, and tags.
125          (2) Wildlife license agents may:
126          (a) sell licenses, permits, and tags to all eligible applicants, except those licenses,
127     permits, and tags specified in Subsection 23-19-16(2) which may be sold only by the division;
128     and
129          (b) collect a fee for each license, permit, or tag sold.
130          (3) A wildlife license agent shall receive:
131          (a) for any wildlife license, permit, or tag having a fee $10 or less and greater than $1,
132     50 cents for each wildlife license, permit, or tag sold; and
133          (b) for any wildlife license, permit, or tag having a fee greater than $10, 5% of the fee.
134          (4) The division may require wildlife license agents to obtain a bond in a reasonable
135     amount.
136          (5) (a) As directed by the division, each wildlife license agent shall:
137          (i) report all sales to the division; and
138          (ii) submit all of the fees obtained from the sale of licenses, permits, and tags less the
139     remuneration provided in Subsection (3).
140          (b) If a wildlife license agent fails to pay the amount due, the division may assess a
141     penalty of 20% of the amount due. All delinquent payments shall bear interest at the rate of
142     1% per month. If the amount due is not paid because of bad faith or fraud, the division shall
143     assess a penalty of 100% of the total amount due together with interest.
144          (c) All fees, except the remuneration provided in Subsection (3), shall:
145          (i) be kept separate from the private funds of the wildlife license agents; and
146          (ii) belong to the state.
147          (6) A wildlife license agent may not intentionally:
148          (a) fail to date or misdate a license, permit, or tag; [or]
149          (b) issue a hunting license or permit to [any person] an individual until that [person]
150     individual furnishes proof of [having passed] successful completion of a division-approved
151     hunter education course as provided in Section 23-19-11; or
152          (c) issue a furbearer license to an individual until that individual furnishes proof of
153     [having passed] successful completion of a division-approved [fur harvester] furharvester
154     education course as provided in Section 23-19-11.5.
155          (7) (a) Except as provided in Subsections (7)(b) and (c), a violation of this section is a
156     class B misdemeanor.
157          (b) A violation of this section is a class A misdemeanor if the aggregate amount
158     required under Subsection (5)(a):
159          (i) is at least $1,000, but less than $10,000;
160          (ii) is not submitted for one or more months; and
161          (iii) remains uncollectable.
162          (c) A violation of this section is a felony of the third degree if the aggregate amount
163     required under Subsection (5)(a):
164          (i) is $10,000 or more;
165          (ii) is not submitted for one or more months; and
166          (iii) remains uncollectable.
167          (8) Violation of any provision of this section may be cause for revocation of the
168     wildlife license agent authorization.
169          Section 5. Section 23-19-17.5 is amended to read:
170          23-19-17.5. Lifetime hunting and fishing licenses.
171          (1) Lifetime licensees born after December 31, 1965, shall [be certified] complete the
172     hunter education requirements under Section 23-19-11 before engaging in hunting.
173          (2) A lifetime license shall remain valid if the residency of the lifetime licensee
174     changes to another state or country.
175          (3) (a) A lifetime license may be used in lieu of a hunting or fishing license.
176          (b) Each year, a lifetime licensee is entitled to receive without charge a permit and tag
177     of the lifetime licensee's choice for one of the following general season deer hunts:
178          (i) archery;
179          (ii) rifle; or
180          (iii) muzzleloader.
181          (c) A lifetime licensee is subject to each requirement for special hunting and fishing
182     permits and tags, except as provided in Subsections (3)(a) and (b).
183          (4) The Wildlife Board may adopt rules necessary to carry out the provisions of this
184     section.