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• 2022 General Session
• H.B. 206

H.B. 206 Outdoor Recreation Related Education

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Rep. Chew, Scott H.

Floor Sponsor: Sen. Owens, Derrin R.

• Drafting Attorney: Patricia Owen
• Fiscal Analyst: Ivan D. Djambov

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• Bill Tracking

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• Bill Text
  • Introduced
  • Enrolled (Currently Displayed)

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• Related Documents
  • Fiscal Note
  • House Transmittal Letter 1
  • Senate Transmittal Letter 1

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• Information
  • Last Action: 21 Mar 2022, Governor Signed
  • Last Location: Lieutenant Governor's office for filing
  • Effective Date: 4 May 2022
  • Session Law Chapter: 057

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• Similar Bills
  • Agriculture
  • Natural Resources
  • Department of Natural Resources
  • Wildlife
  • Motor Vehicles
  • Transportation
  • Off-highway Vehicles
  • Agriculture and Food
  • Fishing
  • Hunting
  • Division of Recreation

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• Sections Affected
  • 23-19-11
  • 23-19-12
  • 41-22-31
  • 41-22-32

Enrolled

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H.B. 206

1     OUTDOOR RECREATION RELATED EDUCATION
2     2022 GENERAL SESSION
3     STATE OF UTAH
4     Chief Sponsor: Scott H. Chew
5     Senate Sponsor: Derrin R. Owens
6     

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7     LONG TITLE
8     General Description:
9          This bill modifies provisions to require outdoor recreation education related to gates or
10     fences used for agricultural purposes.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires that the importance of gates or fences used for agriculture and how to close
14     gates be part of hunter education and the off-highway vehicle safety education and
15     training program;
16          ▸     clarifies rulemaking authority; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          23-19-11, as last amended by Laws of Utah 2017, Chapter 46
25          23-19-12, as last amended by Laws of Utah 1979, Chapter 90
26          41-22-31, as last amended by Laws of Utah 2021, Chapter 280
27          41-22-32, as repealed and reenacted by Laws of Utah 2017, Chapter 38
28     

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29     Be it enacted by the Legislature of the state of Utah:

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30          Section 1. Section 23-19-11 is amended to read:
31          23-19-11. Age restriction -- Hunter education required.
32          (1) (a) Except as provided in Section 23-19-14.6, an individual born after December
33     31, 1965, may not acquire or possess a hunting license or permit unless the individual has
34     successfully completed a division-approved hunter education course.
35          (b) A division-approved hunter education course shall include education concerning
36     the importance of gates and fences used in agriculture and how to properly close a gate.
37          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
38     Wildlife Board may make rules establishing:
39          (a) criteria and standards for approving a hunter education course, including a course
40     offered in another state or country; and
41          (b) procedures for verifying and documenting that an individual seeking a hunting
42     license or permit has successfully completed a division-approved hunter education course.
43          (3) (a) It is unlawful for an individual to obtain, attempt to obtain, or possess a hunting
44     license or permit in violation of the hunter education requirements in Subsection (1).
45          (b) A hunting license or permit obtained or possessed in violation of this section is
46     invalid.
47          Section 2. Section 23-19-12 is amended to read:
48          23-19-12. Instruction in hunter education -- Issuance of certificate of competency.
49          (1) The Division of Wildlife Resources shall provide for individuals interested in
50     obtaining an instructor's certificate in hunter education a course of instruction in:
51          (a) the safe handling of firearms[,];
52          (b) conservation[,];
53          (c) hunting ethics[,];
54          (d) information required by Subsection 23-19-11(1)(b); and
55          (e) related subject matter [for individuals interested in obtaining an instructor's
56     certificate in hunter education. Certified instructors will].
57          (2) A certified instructor may, on a voluntary basis, give instruction in the course of

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58     hunter education, as established by the Division of Wildlife Resources, to [all] eligible persons
59     who, upon the successful completion of the course, shall be issued a certificate of competency
60     in hunter education.
61          Section 3. Section 41-22-31 is amended to read:
62          41-22-31. Division to set standards for safety program -- Safety certificates issued
63     -- Cooperation with public and private entities -- State immunity from suit.
64          (1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
65     the division shall:
66          (i) make rules, after consultation with the commission, that establish curriculum
67     standards for a comprehensive off-highway vehicle safety education and training program; and
68     [shall]
69          (ii) implement [this] the program.
70          (b) The program shall be designed to develop and instill the knowledge, attitudes,
71     habits, and skills necessary for the safe operation of an off-highway vehicle.
72          (c) Components of the program shall include:
73          (i) the preparation and dissemination of off-highway vehicle information and safety
74     advice to the public [and];
75          (ii) the training of off-highway vehicle operators[.]; and
76          (iii) education concerning the importance of gates and fences used in agriculture and
77     how to properly close a gate.
78          (d) Off-highway vehicle safety certificates shall be issued to those who successfully
79     complete training or pass the knowledge and skills test established under the program.
80          (2) The division shall cooperate with appropriate private organizations and
81     associations, private and public corporations, and local government units to implement the
82     program established under this section.
83          (3) In addition to the governmental immunity granted in Title 63G, Chapter 7,
84     Governmental Immunity Act of Utah, the state is immune from suit for any act, or failure to
85     act, in any capacity relating to the off-highway vehicle safety education and training program.

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86     The state is also not responsible for any insufficiency or inadequacy in the quality of training
87     provided by this program.
88          Section 4. Section 41-22-32 is amended to read:
89          41-22-32. Approval of safety courses.
90          (1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
91     the division may make rules, after consultation with the commission, that establish standards
92     for an off-highway vehicle safety course for instruction on the safe operation of an off-highway
93     vehicle.
94          (b) The division shall require that the information described in Subsection
95     41-22-31(1)(c)(iii) be part of an off-highway vehicle safety course for instruction on the safe
96     operation of an off-highway vehicle.
97          (2) If a private organization meets the standards set by the division under Subsection
98     (1), the division shall approve the off-highway vehicle safety course as compliant with the
99     standards and purposes of this chapter.