Senator Scott D. Sandall proposes the following substitute bill:


1     
WILDLIFE RELATED AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Casey Snider

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     General Description:
9          This bill addresses issues related to wildlife hunting, fishing, and habitat.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the Division of Wildlife Resources to notify the Division of Professional
13     License of a suspension of the privilege to hunt or fish;
14          ▸     addresses hunting with an air rifle;
15          ▸     addresses the taking of cougars;
16          ▸     modifies provisions related to use of trail cameras;
17          ▸     creates the Wildlife Land and Water Acquisition Program;
18          ▸     modifies provisions related to cooperative wildlife management units;
19          ▸     addresses rulemaking by the Division of Professional Licensing;
20          ▸     addresses when the Division of Professional Licensing is to refuse to issue, refuse to
21     renew, or revoke a registration related to hunting guides and outfitters;
22          ▸     provides for certain fees; and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          This bill appropriates in fiscal year 2024:
26          ▸     to the Department of Natural Resources - Wildlife Land and Water Acquisition
27     Program, as an ongoing appropriation:
28               •     from the General Fund, $1,000,000.
29     Other Special Clauses:
30          This bill provides a special effective date.
31     Utah Code Sections Affected:
32     AMENDS:
33          23-13-18, as last amended by Laws of Utah 2021, Chapter 177
34          23-19-9, as last amended by Laws of Utah 2021, Chapter 57
35          23-19-17, as last amended by Laws of Utah 2007, Chapter 187
36          23-19-22.5, as last amended by Laws of Utah 2007, Chapter 187
37          23-19-24, as last amended by Laws of Utah 2007, Chapter 187
38          23-19-26, as last amended by Laws of Utah 2007, Chapter 187
39          23-19-47, as last amended by Laws of Utah 2007, Chapter 187
40          23-19-49, as enacted by Laws of Utah 2022, Chapter 102
41          23-23-2, as last amended by Laws of Utah 2005, Chapter 112
42          23-23-3, as last amended by Laws of Utah 2005, Chapter 112
43          23-23-6, as repealed and reenacted by Laws of Utah 1997, Chapter 258
44          23-23-7, as last amended by Laws of Utah 2005, Chapter 112
45          23-23-10, as last amended by Laws of Utah 2000, Chapter 44
46          58-79-401, as last amended by Laws of Utah 2020, Chapters 316, 376
47          63J-1-602.2, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
48     242, and 447 and last amended by Coordination Clause, Laws of Utah 2022,
49     Chapter 154
50     ENACTS:
51          23-21-8, Utah Code Annotated 1953
52          58-79-103, Utah Code Annotated 1953
53     Uncodified Material Affected:
ENACTS UNCODIFIED MATERIAL
54     

55     Be it enacted by the Legislature of the state of Utah:
56          Section 1. Section 23-13-18 is amended to read:
57          23-13-18. Use of a computer or other device to remotely hunt wildlife prohibited
58     -- Trail cameras.
59          (1) A person may not use a computer or other device to remotely control the aiming
60     and discharge of a firearm or other weapon for hunting an animal.
61          (2) A person who violates Subsection (1) is guilty of a class A misdemeanor.
62          (3) (a) As used in this Subsection (3), "trail camera" means a device that is not held or
63     manually operated by a person and is [used to capture] capable of capturing images, video, or
64     location data of wildlife using heat or motion to trigger the device.
65          (b) A trail camera using internal data storage and not capable of transmitting data is
66     permitted for use on private lands for the purposes of taking protected wildlife.
67          (c) A trail camera may not be used to take wildlife on public land during the period
68     beginning on July 31 and ending on December 31.
69          (d) A trail camera is prohibited on public land during the period beginning on July 31
70     and ending on December 31, except for use by:
71          (i) the division for monitoring or research;
72          (ii) a land management agency in the course of the land management agency's regular
73     duties;
74          (iii) any of the following conducting research in conjunction with the division:
75          (A) a non-governmental organization;
76          (B) an educational institution; or
77          (C) other person;
78          (iv) monitoring active agricultural operations including the take of a bear or cougar that
79     is causing livestock depredation; or
80          (v) a municipality participating in a program addressing urban deer.
81          [(b)] (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
82     Act, the Wildlife Board [shall] may make rules regulating the use of trail cameras.
83          [(c) The division shall provide an annual report to the Natural Resources, Agriculture,
84     and Environment Interim Committee regarding rules made or changed in accordance with this
85     Subsection (3).]
86          Section 2. Section 23-19-9 is amended to read:
87          23-19-9. Suspension of license or permit privileges -- Suspension of certificates of
88     registration.
89          (1) As used in this section:
90          (a) "License or permit privileges" means the privilege of applying for, purchasing, and
91     exercising the benefits conferred by a license or permit issued by the division.
92          (b) "Livestock guardian dog" means the same as that term is defined in Section
93     76-6-111.
94          (2) A hearing officer, appointed by the division, may suspend a person's license or
95     permit privileges if:
96          (a) in a court of law, the person:
97          (i) is convicted of:
98          (A) violating this title or a rule of the Wildlife Board;
99          (B) killing or injuring domestic livestock or a livestock guardian dog while engaged in
100     an activity regulated under this title;
101          (C) violating Section 76-6-111; or
102          (D) violating Section 76-10-508 while engaged in an activity regulated under this title;
103          (ii) enters into a plea in abeyance agreement, in which the person pleads guilty or no
104     contest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; or
105          (iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the person
106     enters into a diversion agreement which suspends the prosecution of the offense; and
107          (b) the hearing officer determines the person committed the offense intentionally,
108     knowingly, or recklessly, as defined in Section 76-2-103.
109          (3) (a) The Wildlife Board shall make rules establishing guidelines that a hearing
110     officer shall consider in determining:
111          (i) the type of license or permit privileges to suspend; and
112          (ii) the duration of the suspension.
113          (b) The Wildlife Board shall ensure that the guidelines established under Subsection
114     (3)(a) are consistent with Subsections (4), (5), and (6).
115          (4) Except as provided in Subsections (5) and (6), a hearing officer may suspend a
116     person's license or permit privileges according to Subsection (2) for a period of time not to
117     exceed:
118          (a) seven years for:
119          (i) a felony conviction;
120          (ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is
121     held in abeyance pursuant to a plea in abeyance agreement; or
122          (iii) being charged with an offense punishable as a felony, the prosecution of which is
123     suspended pursuant to a diversion agreement;
124          (b) five years for:
125          (i) a class A misdemeanor conviction;
126          (ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor,
127     which plea is held in abeyance pursuant to a plea in abeyance agreement; or
128          (iii) being charged with an offense punishable as a class A misdemeanor, the
129     prosecution of which is suspended pursuant to a diversion agreement;
130          (c) three years for:
131          (i) a class B misdemeanor conviction;
132          (ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor
133     when the plea is held in abeyance according to a plea in abeyance agreement; or
134          (iii) being charged with an offense punishable as a class B misdemeanor, the
135     prosecution of which is suspended pursuant to a diversion agreement; and
136          (d) one year for:
137          (i) a class C misdemeanor conviction;
138          (ii) a plea of guilty or no contest to an offense punishable as a class C misdemeanor,
139     when the plea is held in abeyance according to a plea in abeyance agreement; or
140          (iii) being charged with an offense punishable as a class C misdemeanor, the
141     prosecution of which is suspended according to a diversion agreement.
142          (5) The hearing officer may double a suspension period established in Subsection (4)
143     for offenses:
144          (a) committed in violation of an existing suspension or revocation order issued by the
145     courts, division, or Wildlife Board; or
146          (b) involving the unlawful taking of a trophy animal, as defined in Section 23-13-2.
147          (6) (a) A hearing officer may suspend, according to Subsection (2), a person's license
148     or permit privileges for a particular license or permit only once for each single criminal
149     episode, as defined in Section 76-1-401.
150          (b) If a hearing officer addresses two or more single criminal episodes in a hearing, the
151     suspension periods of any license or permit privileges of the same type suspended, according to
152     Subsection (2), may run consecutively.
153          (c) If a hearing officer suspends, according to Subsection (2), license or permit
154     privileges of the type that have been previously suspended by a court, a hearing officer, or the
155     Wildlife Board and the suspension period has not expired, the suspension periods may run
156     consecutively.
157          (7) (a) A hearing officer, appointed by the division, may suspend a person's privilege of
158     applying for, purchasing, and exercising the benefits conferred by a certificate of registration if:
159          (i) the hearing officer determines the person intentionally, knowingly, or recklessly, as
160     defined in Section 76-2-103, violated:
161          (A) this title;
162          (B) a rule or order of the Wildlife Board;
163          (C) the terms of a certificate of registration; or
164          (D) the terms of a certificate of registration application or agreement; or
165          (ii) the person, in a court of law:
166          (A) is convicted of an offense that the hearing officer determines bears a reasonable
167     relationship to the person's ability to safely and responsibly perform the activities authorized by
168     the certificate of registration;
169          (B) pleads guilty or no contest to an offense that the hearing officer determines bears a
170     reasonable relationship to the person's ability to safely and responsibly perform the activities
171     authorized by the certificate of registration, and the plea is held in abeyance in accordance with
172     a plea in abeyance agreement; or
173          (C) is charged with an offense that the hearing officer determines bears a reasonable
174     relationship to the person's ability to safely and responsibly perform the activities authorized by
175     the certificate of registration, and prosecution of the offense is suspended in accordance with a
176     diversion agreement.
177          (b) All certificates of registration for the harvesting of brine shrimp eggs, as defined in
178     Section 59-23-3, shall be suspended by a hearing officer, if the hearing officer determines the
179     holder of the certificates of registration has violated Section 59-23-5.
180          (8) (a) The director shall appoint a qualified person as a hearing officer to perform the
181     adjudicative functions provided in this section.
182          (b) The director may not appoint a division employee who investigates or enforces
183     wildlife violations.
184          (9) (a) The courts may suspend, in criminal sentencing, a person's privilege to apply
185     for, purchase, or exercise the benefits conferred by a license, permit, or certificate of
186     registration.
187          (b) The courts shall promptly notify the division of any suspension orders or
188     recommendations entered.
189          (c) The division, upon receiving notification of suspension from the courts, shall
190     prohibit the person from applying for, purchasing, or exercising the benefits conferred by a
191     license, permit, or certification of registration for the duration and of the type specified in the
192     court order.
193          (d) The hearing officer shall consider any recommendation made by a sentencing court
194     concerning suspension before issuing a suspension order.
195          (10) (a) A person may not apply for, purchase, possess, or attempt to exercise the
196     benefits conferred by any permit, license, or certificate of registration specified in an order of
197     suspension while that order is in effect.
198          (b) Any license possessed or obtained in violation of the order shall be considered
199     invalid.
200          (c) A person who violates Subsection (10)(a) is guilty of a class B misdemeanor.
201          (11) Before suspension under this section, a person shall be:
202          (a) given written notice of any action the division intends to take; and
203          (b) provided with an opportunity for a hearing.
204          (12) (a) A person may file an appeal of a hearing officer's decision with the Wildlife
205     Board.
206          (b) The Wildlife Board shall review the hearing officer's findings and conclusions and
207     any written documentation submitted at the hearing.
208          (c) The Wildlife Board may:
209          (i) take no action;
210          (ii) vacate or remand the decision; or
211          (iii) amend the period or type of suspension.
212          (13) The division shall suspend and reinstate all hunting, fishing, trapping, and
213     falconry privileges consistent with Title 23, Chapter 25, Wildlife Violator Compact.
214          (14) Within 30 days after the day on which an individual's privilege to hunt or fish is
215     suspended under this title, the division shall report to the Division of Professional Licensing
216     the:
217          (a) identifying information for the individual; and
218          (b) time period of the suspension.
219          [(14)] (15) The Wildlife Board may make rules to implement this section in accordance
220     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
221          Section 3. Section 23-19-17 is amended to read:
222          23-19-17. Resident fishing and hunting license -- Use of fee.
223          (1) A resident, after paying the fee established by the Wildlife Board, may obtain, as
224     provided by the Wildlife Board's rules, a combination license to:
225          (a) fish;
226          (b) hunt for small game; [and]
227          (c) hunt or trap cougar during a period beginning on January 1 and ending on
228     December 31; and
229          [(c)] (d) apply for or obtain a big game, [cougar,] bear, or turkey hunting permit.
230          (2) Up to $1 of the combination license fee may be used for the hunter education
231     program for any of the following:
232          (a) instructor and student training;
233          (b) assisting local organizations with development;
234          (c) maintenance of existing facilities; or
235          (d) operation and maintenance of the hunter education program.
236          (3) (a) Up to 50 cents of the combination license fee may be used for the upland game
237     program to:
238          (i) acquire pen-raised birds; or
239          (ii) capture and transplant upland game species.
240          (b) The combination license fee revenue designated for the upland game program by
241     Subsection (3)(a) is in addition to any combination license fee revenue that may be used for the
242     upland game program as provided by Sections 23-19-43 and 23-19-47.
243          Section 4. Section 23-19-22.5 is amended to read:
244          23-19-22.5. Bear hunting permit.
245          (1) A person 12 years of age or older, upon paying the [cougar or] bear hunting permit
246     fee established by the Wildlife Board and possessing a valid hunting or combination license,
247     may apply for or obtain a permit to take [cougar or] bear as provided by rules and
248     proclamations of the Wildlife Board.
249          (2) A person 11 years of age may apply for or obtain a [cougar or] bear hunting permit
250     consistent with the requirements of Subsection (1) if that person's 12th birthday falls within the
251     calendar year in which the permit is issued.
252          (3) One dollar of each [cougar or] bear permit fee collected from a resident shall be
253     used for the hunter education program.
254          Section 5. Section 23-19-24 is amended to read:
255          23-19-24. Resident hunting license -- Use of fee.
256          (1) A resident, after paying the fee established by the Wildlife Board, may obtain a
257     hunting license.
258          (2) A hunting license authorizes the licensee to, according to this title and the Wildlife
259     Board's rules and proclamations:
260          (a) take small game; [and]
261          (b) hunt or trap cougar during a period beginning on January 1 and ending on
262     December 31; and
263          [(b)] (c) apply for or obtain a big game, [cougar,] bear, or turkey hunting permit.
264          (3) Up to $1 of the hunting license fee may be used for the hunter education program.
265          (4) (a) Up to 50 cents of the hunting license fee may be used for the upland game
266     program to:
267          (i) acquire pen-raised birds; or
268          (ii) capture and transplant upland game species.
269          (b) The hunting license fee revenue designated for the upland game program by
270     Subsection (4)(a) is in addition to any hunting license fee revenue that may be used for the
271     upland game program as provided by Sections 23-19-43 and 23-19-47.
272          Section 6. Section 23-19-26 is amended to read:
273          23-19-26. Nonresident hunting license -- Use of fee.
274          (1) A nonresident, after paying the fee established by the Wildlife Board, may obtain a
275     hunting license.
276          (2) A hunting license authorizes the licensee to, according to this title and the Wildlife
277     Board's rules and proclamations:
278          (a) take small game; [and]
279          (b) hunt or trap cougar during a period beginning on January 1 and ending on
280     December 31; and
281          [(b)] (c) apply for or obtain a big game, [cougar,] bear, or turkey hunting permit.
282          (3) (a) Up to 50 cents of the hunting license fee may be used for the upland game
283     program to:
284          (i) acquire pen-raised birds; or
285          (ii) capture and transplant upland game species.
286          (b) The hunting license fee revenue designated for the upland game program by
287     Subsection (3)(a) is in addition to any hunting license fee revenue that may be used for the
288     upland game program as provided by Sections 23-19-43 and 23-19-47.
289          Section 7. Section 23-19-47 is amended to read:
290          23-19-47. Portion of revenue from license, permit, stamp, certificate of
291     registration, and Wildlife Heritage certificate fees deposited in Wildlife Habitat Account.
292          (1) Fifty cents of the fee charged for any of the following licenses or stamps shall be
293     deposited in the Wildlife Habitat Account created in Section 23-19-43:
294          (a) a one-day fishing license; or
295          (b) a one-day fishing stamp.
296          (2) Three dollars and fifty cents of the fee charged for any of the following licenses or
297     permits shall be deposited in the Wildlife Habitat Account created in Section 23-19-43:
298          (a) a fishing license, except any one-day fishing license;
299          (b) a hunting license;
300          (c) a combination license;
301          (d) a furbearer license; or
302          (e) a fishing permit, except any fish stamp.
303          (3) Four dollars and seventy-five cents of the fee charged for any of the following
304     certificates of registration, permits, or Wildlife Heritage certificates shall be deposited in the
305     Wildlife Habitat Account created in Section 23-19-43:
306          (a) a certificate of registration for the dedicated hunter program, except a certificate of
307     registration issued to a lifetime licensee;
308          (b) a big game permit;
309          (c) a bear permit;
310          [(d) a cougar permit;]
311          [(e)] (d) a turkey permit;
312          [(f)] (e) a muskrat permit; or
313          [(g)] (f) a Wildlife Heritage certificate.
314          Section 8. Section 23-19-49 is amended to read:
315          23-19-49. Air rifle hunting.
316          (1) As used in this section:
317          (a) "Division" means the Division of Wildlife Resources.
318          (b) "Pre-charged pneumatic air rifle" means a rifle that fires a single projectile with
319     compressed air released from a chamber:
320          (i) built into the rifle; and
321          (ii) pressurized at a minimum of 2,000 pounds per square inch from an external high
322     compression device or source, such as a hand pump, compressor, or scuba tank.
323          (2) [(a)] An individual [shall obtain a permit issued under this section before using]
324     may use a pre-charged pneumatic air rifle to hunt:
325          (a) a species of protected wildlife designated by the Wildlife Board;
326          (b) a cottontail rabbit;
327          (c) a snowshoe hare; or
328          (d) a turkey, with a fall turkey permit.
329          [(b) The Wildlife Board shall by rule, made in accordance with Title 63G, Chapter 3,
330     Utah Administrative Rulemaking Act, designate which species of wildlife may be hunted with
331     the use of a pre-charged pneumatic air rifle.]
332          (3) The division shall review [the funding available for the regulation of] available
333     funding to pay the costs of regulating hunting with pre-charged pneumatic air rifles, including
334     eligibility for federal excise taxes, and report the division's findings to the Natural Resources,
335     Agriculture, and Environment Interim Committee by no later than the November 2024 interim
336     committee meeting.
337          Section 9. Section 23-21-8 is enacted to read:
338          23-21-8. Wildlife Land and Water Acquisition Program.
339          (1) As used in this section, "program" means the Wildlife Land and Water Acquisition
340     Program created in Subsection (2).
341          (2) There is created a program known as the "Wildlife Land and Water Acquisition
342     Program" under which the division may lease or acquire land or water assets that achieve one
343     or more of the following:
344          (a) protect and enhance wildlife populations;
345          (b) provide the public the opportunity to hunt, trap, or fish; and
346          (c) conserve, protect, and enhance wildlife habitat.
347          (3) In making a decision as to whether to lease or acquire land or water assets, the
348     division shall:
349          (a) consult the relevant state or county resource management plan;
350          (b) prioritize leases or acquisitions that involve land that:
351          (i) is adjacent to land already owned by the division; or
352          (ii) provides access to other public land;
353          (c) develop a management plan for the land or water asset in a manner consistent with
354     Section 23-21-2.1; and
355          (d) facilitate grazing as a management tool if consistent with the management plan
356     described in Subsection (3)(c).
357          (4) The division shall annually report to the Natural Resources, Agriculture, and
358     Environmental Quality Appropriations Subcommittee regarding how the division expends
359     money in the program.
360          Section 10. Section 23-23-2 is amended to read:
361          23-23-2. Definitions.
362          As used in this chapter:
363          (1) "Cooperative wildlife management unit" or "unit" means a generally contiguous
364     area of land open for hunting small game, waterfowl, [cougar,] turkey, or big game which is
365     registered in accordance with this chapter and rules of the Wildlife Board.
366          (2) (a) "Cooperative wildlife management unit agent" means a person appointed by a
367     landowner, landowner association, or landowner association operator to perform the functions
368     described in Section 23-23-9.
369          (b) For purposes of this chapter, a cooperative wildlife management unit agent may
370     not:
371          (i) be appointed by the division or the state;
372          (ii) be an employee or agent of the division;
373          (iii) receive compensation from the division or the state to act as a cooperative wildlife
374     management unit agent; or
375          (iv) act as a peace officer or perform any duties of a peace officer without qualifying as
376     a peace officer under Title 53, Chapter 13, Peace Officer Classifications.
377          (3) "Cooperative wildlife management unit authorization" means a card, label, ticket,
378     or other identifying document authorizing the possessor to hunt small game or waterfowl in a
379     cooperative wildlife management unit.
380          (4) "Cooperative wildlife management unit permit" means a permit authorizing the
381     possessor to hunt [cougar,] turkey[,] or big game in a cooperative wildlife management unit.
382          (5) "Division" means the Division of Wildlife Resources.
383          (6) "Landowner association" means a landowner or an organization of owners of
384     private lands who operates a cooperative wildlife management unit.
385          (7) (a) "Landowner association operator" means a person designated by a landowner
386     association to operate the cooperative wildlife management unit.
387          (b) For purposes of this chapter, a landowner association operator may not:
388          (i) be appointed by the division; or
389          (ii) be an employee or agent of the division.
390          Section 11. Section 23-23-3 is amended to read:
391          23-23-3. Rulemaking authority of Wildlife Board.
392          The Wildlife Board is authorized to make and enforce rules applicable to cooperative
393     wildlife management units organized for the hunting of small game, waterfowl, [cougar,]
394     turkey, or big game that in its judgment are necessary to administer and enforce the provisions
395     of this chapter.
396          Section 12. Section 23-23-6 is amended to read:
397          23-23-6. Season dates -- Boundaries -- Review by councils and board.
398          (1) The Wildlife Board shall establish season dates and boundaries for each
399     cooperative wildlife management unit except as provided in Subsection (2).
400          (2) (a) A season date for a cooperative wildlife management unit that provides one
401     buck deer permit or more per every 640 acres shall begin on September 1 and end on October
402     31.
403          (b) A cooperative wildlife management unit that provides less than one buck deer
404     permit per every 640 acres may select the following season date options:
405          (i) beginning on September 1 and ending on October 31; or
406          (ii) beginning on September 11 and ending on November 10.
407          (c) In accordance with Subsection 23-14-18(3), if the season dates specified in this
408     Subsection (2) start on a Sunday, the season date shall begin on the Saturday before.
409          [(2)] (3) Season dates may differ from general statewide season dates.
410          [(3)] (4) At least every five years, cooperative wildlife management units containing
411     public land will be reviewed by the regional advisory councils and the Wildlife Board.
412          Section 13. Section 23-23-7 is amended to read:
413          23-23-7. Permits -- Acreage and lands that may be included -- Posting of
414     boundaries.
415          (1) The division shall provide cooperative wildlife management unit authorizations for
416     hunting small game or waterfowl to the cooperative wildlife management unit, free of charge.
417          (2) At least 50% of the cooperative wildlife management unit authorizations for
418     hunting small game or waterfowl provided to a cooperative wildlife management unit shall be
419     offered for sale to the general public at the times and places designated on the application for a
420     certificate of registration.
421          (3) (a) Cooperative wildlife management units organized for hunting small game or
422     waterfowl shall consist of private land.
423          (b) At least 75% of the acreage within the boundaries of each cooperative wildlife
424     management unit organized for the hunting of small game or waterfowl shall be open to
425     hunting by holders of valid authorizations.
426          (4) (a) The Wildlife Board may establish the maximum number of permits that may be
427     issued per acre, except as provided in Subsection (4)(b).
428          (b) A cooperative wildlife management unit shall issue one buck deer permit or less
429     per every 320 acres to be eligible to receive buck deer permits.
430          [(4)] (5) (a) The division may issue cooperative wildlife management unit permits for
431     hunting [cougar,] turkey[,] or big game to permittees:
432          (i) qualifying through a public drawing; or
433          (ii) named by the cooperative wildlife management unit operator.
434          (b) The Wildlife Board may specify by rule those persons who are eligible to draw a
435     cooperative wildlife management unit permit in a public drawing.
436          [(5)] (6) (a) Cooperative wildlife management units organized for hunting [cougar,]
437     turkey[,] or big game shall consist of private land to the extent practicable. Public land may be
438     included within a cooperative wildlife management unit if:
439          (i) the public land is completely surrounded by private land or is otherwise inaccessible
440     to the general public;
441          (ii) including public land is necessary to establish a readily identifiable boundary; or
442          (iii) including public land is necessary to achieve [cougar,] turkey[,] or big game
443     management objectives.
444          (b) If any public land is included within a cooperative wildlife management unit:
445          (i) the landowner association shall meet applicable federal or state land use
446     requirements on the public land; and
447          (ii) the Wildlife Board shall increase the number of permits or hunting opportunities
448     made available to the general public to reflect the proportion of public lands to private lands
449     within the cooperative wildlife management unit.
450          [(6)] (7) Each landowner association shall:
451          (a) clearly post all boundaries of the unit by displaying signs containing information
452     prescribed by rule of the Wildlife Board at the locations specified in Subsection
453     23-20-14(1)(d); and
454          (b) provide a written copy of its guidelines to each holder of an authorization or permit.
455          Section 14. Section 23-23-10 is amended to read:
456          23-23-10. Possession of permits and licenses by hunter -- Restrictions.
457          (1) A person may not hunt in a cooperative wildlife management unit without having in
458     his or her possession:
459          (a) a valid cooperative wildlife management unit authorization or permit or other
460     permit as authorized by the wildlife board; and
461          (b) the necessary hunting licenses, tags, and stamps.
462          (2) A cooperative wildlife management unit authorization or permit:
463          (a) entitles the holder to hunt only in the unit specified on the authorization or permit
464     pursuant to rules and proclamations of the Wildlife Board and does not entitle the holder to
465     hunt on any other private or public land; and
466          (b) constitutes written permission for trespass as required under Section 23-20-14.
467          (3) A cooperative wildlife management unit may address the number of individuals a
468     cooperative wildlife management unit permit holder may select as companions, except that a
469     cooperative wildlife management unit shall allow, at a minimum, one companion to
470     accompany free of charge the cooperative wildlife management unit permit holder.
471          Section 15. Section 58-79-103 is enacted to read:
472          58-79-103. Hunting guide and outfitter rules.
473          Before enacting, amending, repealing, or otherwise modifying a rule made under this
474     chapter, in addition to complying with Section 58-1-106 and Title 63G, Chapter 3, Utah
475     Administrative Rulemaking Act, the division shall consult with the Division of Wildlife
476     Resources.
477          Section 16. Section 58-79-401 is amended to read:
478          58-79-401. Grounds for denial of registration -- Disciplinary proceedings.
479          (1) Grounds for refusing to issue a registration to an applicant, for refusing to renew
480     the registration of a registrant, for revoking, suspending, restricting, or placing on probation the
481     registration of a registrant, for issuing a public or private reprimand to a registrant, and for
482     issuing a cease and desist order under this chapter shall be in accordance with the provisions
483     applicable to a licensee under Section 58-1-401.
484          (2) (a) The division shall refuse to issue a registration to an applicant and shall refuse
485     to renew or shall revoke the registration of a registrant during the time period the Division of
486     Wildlife Resources suspends the applicant's or registrant's privilege to hunt or fish under Title
487     23, Wildlife Resources Code of Utah.
488          (b) If the Division of Wildlife Resources suspends the privilege to hunt or fish under
489     Title 23, Wildlife Resources Code of Utah, of the chief executive officer of an entity under
490     which an applicant or registrant provides hunting guide services or outfitting services, during
491     the time period that the chief executive officer's privilege to hunt or fish is suspended, the
492     division shall refuse to issue a registration to the applicant and shall refuse to renew or shall
493     revoke the registration of the registrant.
494          (c) If the Division of Wildlife Resources suspends the privilege to hunt or fish under
495     Title 23, Wildlife Resources Code of Utah, of a registrant under which an applicant or
496     registrant provides hunting guide services or outfitting services, during the time period that the
497     registrant's privilege to hunt or fish is suspended, the division shall refuse to issue a registration
498     to the applicant and shall refuse to renew or shall revoke the registration of the registrant.
499          Section 17. Section 63J-1-602.2 is amended to read:
500          63J-1-602.2. List of nonlapsing appropriations to programs.
501          Appropriations made to the following programs are nonlapsing:
502          (1) The Legislature and the Legislature's committees.
503          (2) The State Board of Education, including all appropriations to agencies, line items,
504     and programs under the jurisdiction of the State Board of Education, in accordance with
505     Section 53F-9-103.
506          (3) The Percent-for-Art Program created in Section 9-6-404.
507          (4) The LeRay McAllister Critical Land Conservation Program created in Section
508     4-46-301.
509          (5) The Utah Lake Authority created in Section 11-65-201.
510          (6) Dedicated credits accrued to the Utah Marriage Commission as provided under
511     Subsection 17-16-21(2)(d)(ii).
512          (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
513     the Pelican Management Act, as provided in Section 23-21a-6.
514          (8) The Wildlife Land and Water Acquisition Program created in Section 23-21-8.
515          [(8)] (9) The Emergency Medical Services Grant Program in Section 26-8a-207.
516          [(9)] (10) The primary care grant program created in Section 26-10b-102.
517          [(10)] (11) Sanctions collected as dedicated credits from Medicaid providers under
518     Subsection 26-18-3(7).
519          [(11)] (12) The Utah Health Care Workforce Financial Assistance Program created in
520     Section 26-46-102.
521          [(12)] (13) The Rural Physician Loan Repayment Program created in Section
522     26-46a-103.
523          [(13)] (14) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
524          [(14)] (15) The Utah Medical Education Council for the:
525          (a) administration of the Utah Medical Education Program created in Section
526     26-69-403;
527          (b) provision of medical residency grants described in Section 26-69-407; and
528          (c) provision of the forensic psychiatric fellowship grant described in Section
529     26-69-408.
530          [(15)] (16) Funds that the Department of Alcoholic Beverage Services retains in
531     accordance with Subsection 32B-2-301(8)(a) or (b).
532          [(16)] (17) The General Assistance program administered by the Department of
533     Workforce Services, as provided in Section 35A-3-401.
534          [(17)] (18) The Utah National Guard, created in Title 39, Militia and Armories.
535          [(18)] (19) The State Tax Commission under Section 41-1a-1201 for the:
536          (a) purchase and distribution of license plates and decals; and
537          (b) administration and enforcement of motor vehicle registration requirements.
538          [(19)] (20) The Search and Rescue Financial Assistance Program, as provided in
539     Section 53-2a-1102.
540          [(20)] (21) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
541          [(21)] (22) The Utah Board of Higher Education for teacher preparation programs, as
542     provided in Section 53B-6-104.
543          [(22)] (23) Innovation grants under Section 53G-10-608, except as provided in
544     Subsection 53G-10-608(6).
545          [(23)] (24) The Division of Services for People with Disabilities, as provided in
546     Section 62A-5-102.
547          [(24)] (25) The Division of Fleet Operations for the purpose of upgrading underground
548     storage tanks under Section 63A-9-401.
549          [(25)] (26) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
550          [(26)] (27) The Division of Technology Services for technology innovation as provided
551     under Section 63A-16-903.
552          [(27)] (28) The Office of Administrative Rules for publishing, as provided in Section
553     63G-3-402.
554          [(28)] (29) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
555     Colorado River Authority of Utah Act.
556          [(29)] (30) The Governor's Office of Economic Opportunity to fund the Enterprise
557     Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
558          [(30)] (31) The Governor's Office of Economic Opportunity's Rural Employment
559     Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment
560     Expansion Program.
561          [(31)] (32) Programs for the Jordan River Recreation Area as described in Section
562     65A-2-8.
563          [(32)] (33) The Division of Human Resource Management user training program, as
564     provided in Section 63A-17-106.
565          [(33)] (34) A public safety answering point's emergency telecommunications service
566     fund, as provided in Section 69-2-301.
567          [(34)] (35) The Traffic Noise Abatement Program created in Section 72-6-112.
568          [(35)] (36) The money appropriated from the Navajo Water Rights Negotiation
569     Account to the Division of Water Rights, created in Section 73-2-1.1, for purposes of
570     participating in a settlement of federal reserved water right claims.
571          [(36)] (37) The Judicial Council for compensation for special prosecutors, as provided
572     in Section 77-10a-19.
573          [(37)] (38) A state rehabilitative employment program, as provided in Section
574     78A-6-210.
575          [(38)] (39) The Utah Geological Survey, as provided in Section 79-3-401.
576          [(39)] (40) The Bonneville Shoreline Trail Program created under Section 79-5-503.
577          [(40)] (41) Adoption document access as provided in Sections 78B-6-141, 78B-6-144,
578     and 78B-6-144.5.
579          [(41)] (42) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
580     Defense Commission.
581          [(42)] (43) The program established by the Division of Facilities Construction and
582     Management under Section 63A-5b-703 under which state agencies receive an appropriation
583     and pay lease payments for the use and occupancy of buildings owned by the Division of
584     Facilities Construction and Management.
585          [(43)] (44) The State Tax Commission for reimbursing counties for deferred property
586     taxes in accordance with Section 59-2-1802.
587          Section 18. Division of Wildlife Resources fees.
588          The Legislature intends that the Department of Natural Resources, Division of Wildlife
589     Resources is authorized to charge the following two fees in the amounts shown:
590          (1) instead of a variable fee for resident or nonresident dedicated hunter hourly labor
591     buyout, a fee of $40 per hour; and
592          (2) a nonresident draw application fee of $16.
593          Section 19. Appropriation.
594          The following sums of money are appropriated for the fiscal year beginning July 1,
595     2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
596     fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
597     Act, the Legislature appropriates the following sums of money from the funds or accounts
598     indicated for the use and support of the government of the state of Utah.
599     ITEM 1
600     To Department of Natural Resources -- Wildlife Land and Water Acquisition Program
601          From General Fund
1,000,000

602          Schedule of Programs:
603               Wildlife Land and Water Acquisition Program          1,000,000
604          The Legislature intends that the ongoing appropriation to the Wildlife Land and Water
605     Acquisition Program, created in this bill, be nonlapsing and that it be expended only for the
606     purposes of the Wildlife Land and Water Acquisition Program.
607          Section 20. Effective date.
608          (1) Except as provided in Subsection (2), this bill takes effect on May 3, 2023.
609          (2) The actions affecting the following sections take effect on August 1, 2024:
610          (a) Section 23-23-6;
611          (b) Section 23-23-7; and
612          (c) Section 23-23-10.