Senator Scott D. Sandall proposes the following substitute bill:


1     
WILDLIFE SUNSET RELATED AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Scott D. Sandall

5     
House Sponsor: Keven J. Stratton

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to a board, committee, or council created under
10     Title 23, Wildlife Resources Code of Utah.
11     Highlighted Provisions:
12          This bill:
13          ▸     makes consistent the number of names the nominating committee submits to the
14     governor;
15          ▸     removes incorrect references to boards;
16          ▸     clarifies orientation training language related to regional advisory councils;
17          ▸     extends sunset dates; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          23-14-2, as last amended by Laws of Utah 2020, Chapters 352 and 373

26          23-14-2.5, as last amended by Laws of Utah 2003, Chapter 36
27          23-14-2.6, as last amended by Laws of Utah 2010, Chapters 286 and 324
28          63I-1-223, as last amended by Laws of Utah 2020, Chapters 154 and 232
29          63I-1-279, as last amended by Laws of Utah 2022, Chapter 68
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 23-14-2 is amended to read:
33          23-14-2. Wildlife Board -- Creation -- Membership -- Terms -- Quorum --
34     Meetings -- Per diem and expenses.
35          (1) There is created a Wildlife Board which shall consist of seven members appointed
36     by the governor with the advice and consent of the Senate in accordance with Title 63G,
37     Chapter 24, Part 2, Vacancies.
38          (2) (a) In addition to the requirements of Section 79-2-203, the members of the board
39     shall have expertise or experience in at least one of the following areas:
40          (i) wildlife management or biology;
41          (ii) habitat management, including range or aquatic;
42          (iii) business, including knowledge of private land issues; and
43          (iv) economics, including knowledge of recreational wildlife uses.
44          (b) Each of the areas of expertise under Subsection (2)(a) shall be represented by at
45     least one member of the Wildlife Board.
46          (3) (a) The governor shall select each board member from a list of nominees submitted
47     by the nominating committee pursuant to Section 23-14-2.5.
48          (b) No more than two members shall be from a single wildlife region described in
49     Subsection 23-14-2.6(1).
50          (c) The governor may request an additional list of at least two nominees from the
51     nominating committee if the initial list of nominees for a given position is unacceptable.
52          (d) (i) If the governor fails to appoint a board member within 60 days after receipt of
53     the initial or additional list, the nominating committee shall make an interim appointment by
54     majority vote.
55          (ii) The interim board member shall serve until the matter is resolved by the committee
56     and the governor or until the board member is replaced pursuant to this chapter.

57          (4) (a) Except as required by Subsection (4)(b), as terms of current board members
58     expire, the governor shall appoint each new member or reappointed member to a six-year term.
59          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
60     time of appointment or reappointment, adjust the length of terms to ensure that:
61          (i) the terms of board members are staggered so that approximately one-third of the
62     board is appointed every two years; and
63          (ii) members serving from the same region have staggered terms.
64          (c) If a vacancy occurs, the nominating committee shall submit at least two names, as
65     provided in Subsection 23-14-2.5(4), to the governor and the governor shall appoint a
66     replacement for the unexpired term.
67          (d) Board members may serve only one term unless:
68          (i) the member is among the first board members appointed to serve four years or less;
69     or
70          (ii) the member filled a vacancy under Subsection (4)(c) for four years or less.
71          (5) (a) The board shall elect a chair and a vice chair from its membership.
72          (b) Four members of the board shall constitute a quorum.
73          (c) The director of the Division of Wildlife Resources shall act as secretary to the
74     board but is not a voting member of the board.
75          (6) (a) The Wildlife Board shall hold a sufficient number of public meetings each year
76     to expeditiously conduct its business.
77          (b) Meetings may be called by the chair upon five days notice or upon shorter notice in
78     emergency situations.
79          (c) Meetings may be held at the Salt Lake City office of the Division of Wildlife
80     Resources or elsewhere as determined by the Wildlife Board.
81          (7) A member may not receive compensation or benefits for the member's service, but
82     may receive per diem and travel expenses in accordance with:
83          (a) Section 63A-3-106;
84          (b) Section 63A-3-107; and
85          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
86     63A-3-107.
87          (8) (a) The members of the Wildlife Board shall complete an orientation course to

88     assist them in the performance of the duties of their office.
89          (b) The Department of Natural Resources shall provide the course required under
90     Subsection (8)(a).
91          (9) A member shall comply with the conflict of interest provisions described in Title
92     63G, Chapter 24, Part 3, Conflicts of Interest.
93          Section 2. Section 23-14-2.5 is amended to read:
94          23-14-2.5. Wildlife Board Nominating Committee -- Creation -- Membership --
95     Terms -- Quorum.
96          (1) There is created a Wildlife Board Nominating Committee which shall consist of 11
97     members.
98          (2) The governor shall appoint members to the nominating committee as follows:
99          (a) three members shall be appointed from a list of at least two nominees per position
100     submitted by the agriculture industry;
101          (b) three members shall be appointed from a list of at least two nominees per position
102     submitted by sportsmen groups;
103          (c) two members shall be appointed from a list of at least two nominees per position
104     submitted by nonconsumptive wildlife interests;
105          (d) one member shall be appointed from a list of at least two nominees submitted by
106     federal land management agencies;
107          (e) one local elected official shall be appointed from a list of at least two nominees
108     submitted by the Utah Association of Counties; and
109          (f) one range management specialist shall be appointed from a list of at least two
110     nominees submitted jointly by the Utah Chapter, Society of Range Management and the Utah
111     Chapter, The Wildlife Society.
112          (3) Each wildlife region described in Subsection 23-14-2.6(1) shall be represented by at
113     least one member and no wildlife region may be represented by more than three members.
114          (4) The nominating committee shall nominate at least two, but not more than four,
115     candidates for each position or vacancy which occurs on the board.
116          (5) (a) Except as required by Subsection (5)(b), as terms of current [board] members
117     expire, the governor shall appoint each new or reappointed member to a four-year term.
118          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the

119     time of appointment or reappointment, adjust the length of terms to ensure that:
120          (i) the terms of [board] members are staggered so that approximately half of the
121     [board] nominating committee is appointed every two years; and
122          (ii) members from the same wildlife region serve staggered terms.
123          (c) If a vacancy occurs for any reason, the governor shall appoint a replacement in the
124     same manner that the position was originally filled to serve the remainder of the unexpired
125     term.
126          (6) The nominating committee shall select a chair and vice chair from its membership.
127          (7) Six members shall constitute a quorum.
128          Section 3. Section 23-14-2.6 is amended to read:
129          23-14-2.6. Regional advisory councils -- Creation -- Membership -- Duties -- Per
130     diem and expenses.
131          (1) There are created five regional advisory councils which shall consist of 12 to 15
132     members each from the wildlife region whose boundaries are established for administrative
133     purposes by the division.
134          (2) The members shall include individuals who represent the following groups and
135     interests:
136          (a) agriculture;
137          (b) sportsmen;
138          (c) nonconsumptive wildlife;
139          (d) locally elected public officials;
140          (e) federal land agencies; and
141          (f) the public at large.
142          (3) The executive director of the Department of Natural Resources, in consultation
143     with the director of the Division of Wildlife Resources, shall select the members from a list of
144     nominees submitted by the respective interest group or agency.
145          (4) The councils shall:
146          (a) hear broad input, including recommendations, biological data, and information
147     regarding the effects of wildlife;
148          (b) gather information from staff, the public, and government agencies; and
149          (c) make recommendations to the Wildlife Board in an advisory capacity.

150          (5) (a) Except as required by Subsection (5)(b), each member shall serve a four-year
151     term.
152          (b) Notwithstanding the requirements of Subsection (5)(a), the executive director shall,
153     at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
154     of council members are staggered so that approximately half of the council is appointed every
155     two years.
156          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
157     appointed for the unexpired term.
158          (7) The councils shall determine:
159          (a) the time and place of meetings; and
160          (b) any other procedural matter not specified in this chapter.
161          (8) Members of the councils shall complete an orientation course [as provided]
162     described in Subsection 23-14-2(8).
163          (9) A member may not receive compensation or benefits for the member's service, but
164     may receive per diem and travel expenses in accordance with:
165          (a) Section 63A-3-106;
166          (b) Section 63A-3-107; and
167          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
168     63A-3-107.
169          Section 4. Section 63I-1-223 is amended to read:
170          63I-1-223. Repeal dates: Title 23.
171          (1) Section 23-14-2.5, which creates the Wildlife Board Nominating Committee, is
172     repealed July 1, [2023] 2028.
173          (2) Section 23-14-2.6, which creates regional advisory councils for the Wildlife Board,
174     is repealed July 1, [2023] 2028.
175          Section 5. Section 63I-1-279 is amended to read:
176          63I-1-279. Repeal dates: Title 79.
177          (1) Subsection 79-2-201(2)(p), related to the Heritage Trees Advisory Committee, is
178     repealed July 1, 2026.
179          (2) Subsection 79-2-201(2)(q), related to the Utah Outdoor Recreation Infrastructure
180     Advisory Committee, is repealed July 1, 2027.

181          (3) Subsection 79-2-201(2)(r)(i), related to an advisory council created by the Division
182     of Outdoor Recreation to advise on boating policies, is repealed July 1, 2024.
183          (4) Subsection 79-2-201(2)(s), related to the Wildlife Board Nominating Committee, is
184     repealed July 1, [2023] 2028.
185          (5) Subsection 79-2-201(2)(t), related to regional advisory councils for the Wildlife
186     Board, is repealed July 1, [2023] 2028.
187          (6) Section 79-7-206, creating the Utah Outdoor Recreation Infrastructure Advisory
188     Committee, is repealed July 1, 2027.
189          (7) Title 79, Chapter 8, Part 4, Outdoor Recreational Infrastructure Grant Program, is
190     repealed January 1, 2028.