Section 1, Section 23A-1-101 is amended to read: 23A-1-101. Definitions. As used in this title: (1)"Activity regulated under this title" means an act, attempted act, or activity prohibited or regulated under this title or the rules and proclamations promulgated under this title pertaining to protected wildlife including: (a)fishing; (b)hunting; (c)trapping; (d)taking; (e)permitting a dog, falcon, or other domesticated animal to take; (f)transporting; (g)possessing; (h)selling; (i)wasting; (j)importing; (k)exporting; (l)rearing; (m)keeping; (n)using as a commercial venture; and (o)releasing to the wild. (2)"Aquaculture facility" means the same as that term is defined in Section 4-37-103. (3)"Aquatic animal" means the same as that term is defined in Section 4-37-103. (4)"Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or amphibians. (5)"Bag limit" means the maximum limit, in number or amount, of protected wildlife that one person may legally take during one day. (6)"Big game" means species of hoofed protected wildlife. (7)"Carcass" means the dead body of an animal or the animal's parts. (8)"Certificate of registration" means a paper-based or electronic document issued under this title, or a rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. (9)"Closed season" means the period of time during which the taking of protected wildlife is prohibited. (10) "Conservation officer" means a full-time, permanent employee of the division who is POST certified as a peace or a special function officer. (11) (10) "Dedicated hunter program" means a program that provides: (a)expanded hunting opportunities; (b)opportunities to participate in projects that are beneficial to wildlife; and (c)education in hunter ethics and wildlife management principles. (12) (11) "Department" means the Department of Natural Resources. (13) (12) "Director" means the director of the division appointed under Section 23A-2-202. (14) (13) "Division" means the Division of Wildlife Resources. (14) "Division of Law Enforcement" means the division within the Department of Natural Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement. (15)Subject to Section 23A-1-103, "domicile" means the place: (a)where an individual has a fixed permanent home and principal establishment; (b)to which the individual if absent, intends to return; and (c)in which the individual, and the individual's family voluntarily reside, not for a special or temporary purpose, but with the intention of making a permanent home. (16)"Endangered" means wildlife designated as endangered according to Section 3 of the federal Endangered Species Act of 1973. (17)"Executive director" means the executive director of the Department of Natural Resources. (18)"Fee fishing facility" means the same as that term is defined in Section 4-37-103. (19)"Feral" means an animal that is normally domesticated but has reverted to the wild. (20)"Fishing" means to take fish or crayfish by any means. (21)"Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and Castoridae families, except coyote and cougar. (22)"Game" means wildlife normally pursued, caught, or taken by sporting means for human use. (23)"Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any means. (24)"Hunting guide" means the same as that term is defined in Section 58-79-102. (25)"Intimidate or harass" means to physically interfere with or impede, hinder, or diminish the efforts of an officer in the performance of the officer's duty. (26) (a)"Natural flowing stream" means a topographic low where water collects and perennially or intermittently flows with a perceptible current in a channel formed exclusively by forces of nature. (b)"Natural flowing stream" includes perennial or intermittent water flows in a: (i)realigned or modified channel that replaces the historic, natural flowing stream channel; and (ii)dredged natural flowing stream channel. (c)"Natural flowing stream" does not include a human-made ditch, canal, pipeline, or other water delivery system that diverts and conveys water to an approved place of use pursuant to a certificated water right. (27) (a)"Natural lake" means a perennial or intermittent body of water that collects on the surface of the earth exclusively through the forces of nature and without human assistance. (b)"Natural lake" does not mean a lake where the surface water sources supplying the body of water originate from groundwater springs no more than 100 yards upstream. (28) "Natural resources officer" means the same as that term is defined in Section 79-2-701. (28) (29) "Nominating committee" means the Wildlife Board Nominating Committee created in Section 23A-2-302. (29) (30) "Nonresident" means a person who does not qualify as a resident. (30) (31) "Open season" means the period of time during which protected wildlife may be legally taken. (31) (32) "Outfitter" means the same as that term is defined in Section 58-79-102. (32) (33) "Pecuniary gain" means the acquisition of money or something of monetary value. (33) (34) "Permit" means a paper-based or electronic document that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. (34) (35) "Person" means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. (35) (36) "Pollute water" means to introduce into waters within the state matter or thermal energy that: (a)exceeds state water quality standards; or (b)could harm protected wildlife. (36) (37) "Possession" means actual or constructive possession. (37) (38) "Possession limit" means the number of bag limits one individual may legally possess. (38) (39) (a)"Private fish pond" means a pond, reservoir, or other body of water, including a fish culture system, located on privately owned land where privately owned fish: (i)are propagated or kept for a private noncommercial purpose; and (ii)may be taken without a fishing license. (b)"Private fish pond" does not include: (i)an aquaculture facility; (ii)a fee fishing facility; (iii)a short-term fishing event; or (iv)private stocking. (39) (40) "Private stocking" means an authorized release of privately owned, live fish in the waters of the state not eligible as: (a)a private fish pond under Section 23A-9-203; or (b)an aquaculture facility or fee fishing facility under Title 4, Chapter 37, Aquaculture Act. (40) (41) "Private wildlife farm" means an enclosed place where privately owned birds or furbearers are propagated or kept and that restricts the birds or furbearers from: (a)commingling with wild birds or furbearers; and (b)escaping into the wild. (41) (42) "Proclamation" means the publication that is: (a)used to convey a statute, rule, policy, or pertinent information related to wildlife; and (b)issued in accordance with a rule made by the Wildlife Board under this title. (42) (43) (a)"Protected aquatic wildlife" means aquatic wildlife except as provided in Subsection (42)(b) (43)(b). (b)"Protected aquatic wildlife" does not include aquatic insects. (43) (44) (a)"Protected wildlife" means wildlife, except as provided in Subsection (43)(b) (44)(b). (b)"Protected wildlife" does not include: (i)coyote; (ii)field mouse; (iii)gopher; (iv)ground squirrel; (v)jack rabbit; (vi)muskrat; or (vii)raccoon. (44) (45) "Regional advisory council" means a council created under Section 23A-2-303. (45) (46) "Released to the wild" means to be turned loose from confinement. (46) (47) (a)"Reservoir constructed on a natural stream channel" means a body of water collected and stored on the course of a natural flowing stream by impounding the stream through excavation or diking. (b)"Reservoir constructed on a natural stream channel" does not mean an impoundment on a natural flowing stream where all surface water sources supplying the impoundment originate from groundwater springs no more than 100 yards upstream. (47) (48) Subject to Section 23A-1-103, "resident" means a person who: (a)has been domiciled in the state for six consecutive months immediately preceding the purchase of a license; and (b)does not claim residency for hunting, fishing, or trapping in another state or country. (48) (49) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. (49) (50) "Short-term fishing event" means an event when: (a)privately acquired fish are held or confined for a period not to exceed 10 days for the purpose of providing fishing or recreational opportunity; and (b)no fee is charged as a requirement to fish. (50) (51) "Small game" means species of protected wildlife: (a)commonly pursued for sporting purposes; (b)not classified as big game, aquatic wildlife, or furbearers; and (c)excluding turkey, cougar, and bear. (51) (52) "Spoiled" means impairment of the flesh of wildlife that renders the flesh unfit for human consumption. (52) (53) "Spotlighting" means throwing or casting the rays of a spotlight, headlight, or other artificial light on a highway or in a field, woodland, or forest while having in possession a weapon by which protected wildlife may be killed. (53) (54) "Tag" means a card, label, or other paper-based or electronic means of identification used to document harvest of protected wildlife. (54) (55) "Take" means to: (a)hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill protected wildlife; or (b)attempt an action referred to in Subsection (54)(a) (55)(a). (55) (56) "Threatened" means wildlife designated as threatened pursuant to Section 3 of the federal Endangered Species Act of 1973. (56) (57) "Trapping" means taking protected wildlife with a trapping device. (57) (58) "Trophy animal" means an animal described as follows: (a)deer - a buck with an outside antler measurement of 24 inches or greater; (b)elk - a bull with six points on at least one side; (c)bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl; (d)moose - a bull with at least one antler exceeding five inches in length; (e)mountain goat - a male or female; (f)pronghorn antelope - a buck with horns exceeding 14 inches; or (g)bison - a bull. (58) (59) "Upland game" means pheasant, quail, partridge, grouse, ptarmigan, mourning dove, band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare. (59) (60) "Waste" means to: (a)abandon protected wildlife; or (b)allow protected wildlife to spoil or to be used in a manner not normally associated with the protected wildlife's beneficial use. (60) (61) "Wildlife" means: (a)crustaceans, including brine shrimp and crayfish; (b)mollusks; and (c)vertebrate animals living in nature, except feral animals. (61) (62) "Wildlife Board" means the board created in Section 23A-2-301.

Section 2, Section 23A-5-201 is amended to read: 23A-5-201. Enforcement authority of natural resources officers -- Seizure and disposition of property. (1)A conservation natural resources officer shall enforce the provisions of this title in accordance with the same procedures and requirements for a law enforcement officer of this state. (2) (a)Except as provided in Subsection (2)(b), a conservation natural resources officer may seize property or contraband in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, and Title 77, Chapter 11b, Forfeiture of Seized Property. (b)A conservation natural resources officer shall seize protected wildlife illegally taken or held. (3) (a)If a conservation natural resources officer seizes wildlife as part of an investigation or prosecution of an offense and the wildlife may reasonably be used to incriminate or exculpate a person for the offense, the division Division of Law Enforcement is not required to retain the wildlife under Title 77, Chapter 11c, Retention of Evidence. (b)If the division Division of Law Enforcement does not retain wildlife under Subsection (3)(a), the division Division of Law Enforcement is required to preserve sufficient evidence from the wildlife for use as evidence in the prosecution of a person for the offense. (4) (a)If a conservation natural resources officer seizes wildlife and the wildlife or parts of the wildlife are perishable, the division Division of Law Enforcement may donate the wildlife or parts of the wildlife to be used for charitable purposes. (b)If wildlife or parts of the wildlife are perishable and are not fit to be donated for charitable purposes under Subsection (4)(a), the division Division of Law Enforcement may dispose of the wildlife or parts of the wildlife in a reasonable manner. (5) (a)The court may order the division Division of Law Enforcement to sell or dispose of protected wildlife that is seized by a conservation natural resources officer if the division Division of Law Enforcement is permitted by law to sell or dispose of the wildlife. (b)The division Division of Law Enforcement may not sell migratory wildfowl but the division Division of Law Enforcement shall donate the migratory wildfowl to be used for charitable purposes. (c)The division Division of Law Enforcement shall deposit the proceeds from the sale of protected wildlife into the Wildlife Resources Account. (6)If the division Division of Law Enforcement disposes of wildlife, the court may order the division Division of Law Enforcement to: (a)provide the owner of the disposed wildlife with wildlife that is reasonably equivalent in value to the disposed wildlife within 180 days after the day on which the court enters the order; or (b)if the division Division of Law Enforcement is unable to obtain wildlife that is reasonably equivalent in value to the disposed wildlife, pay the owner of the disposed wildlife for the non-trophy value of the disposed wildlife in accordance with Subsection 23A-5-312(2) within 180 days after the day on which the court enters the order. (7) (a)If a conservation natural resources officer seizes a vehicle under Section 77-11a-201 , the division Division of Law Enforcement shall store the seized vehicle in a public or private garage, state impound lot, or any other secured storage facility. (b)The division Division of Law Enforcement shall release a seized vehicle to the owner no later than 30 days after the day on which the vehicle is seized, unless the vehicle was used for the unlawful taking or possessing of wildlife by a person charged with a felony under this title. (c)The owner of a seized vehicle is liable for the payment of any impound fee if: (i)the owner used the vehicle for the unlawful taking or possessing of wildlife; and (ii)the owner is convicted of an offense under this title. (d)The owner of a seized vehicle is not liable for the payment of any impound fee or, if the fees have been paid, is entitled to reimbursement of the fees paid, if: (i)no charges are filed or all charges are dropped that involve the use of the vehicle for the unlawful taking or possessing of wildlife; (ii)the person charged with using the vehicle for the unlawful taking or possessing of wildlife is found by a court to be not guilty; or (iii)the owner did not consent to a use of the vehicle that violates this chapter.

Section 3, Section 23A-5-206 is amended to read: 23A-5-206. Search warrants. (1)A search warrant may be issued by a magistrate to search for property that may constitute evidence of a violation of this title, rules, or proclamations of the Wildlife Board upon an affidavit of a person. (2)The search warrant shall be directed to a conservation natural resources officer or a peace officer, directing the officer to search for evidence and to bring the evidence before the magistrate. (3)A search warrant may not be issued except upon probable cause supported by oath or affirmation, particularly describing the place, person, or thing to be searched for and the person or thing to be seized. (4)The warrant shall be served in the daytime, unless there is reason to believe that the service of the search warrant is required immediately because a person may: (a)flee the jurisdiction to avoid prosecution or discovery of a violation noted above; (b)destroy or conceal evidence of the commission of a violation; or (c)injure another person or damage property. (5)Notwithstanding Subsection (4), a search warrant may be served at night if: (a)there is reason to believe that a violation may occur at night; or (b)the evidence of the violation may not be available to the officers serving the warrant during the day.

Section 4, Section 23A-5-207 is amended to read: 23A-5-207. Exhibition of license, permit, tag, or device required -- Criminal penalty. (1)A person while engaged in an activity regulated under this title, shall exhibit the following at the request of conservation a natural resources officer or other peace officer: (a)the required license, permit, or tag; (b) a device or apparatus in that person's possession used for an activity regulated under this title; or (c)wildlife in that person's possession. (2)A conservation natural resources officer who has a reasonable belief that a person is engaged in an activity regulated under this title may stop and temporarily detain that person to demand and inspect: (a)the required license, permit, or tag; (b)a device or apparatus in that person's possession used for an activity regulated under this title; or (c)wildlife in that person's possession. (3)A person is subject to the penalties of Section 23A-5-301 if the person fails to produce for examination to a correction natural resources officer or other peace officer any of the required licenses, permits, tags, devices or apparatuses used for an activity regulated under this title or wildlife in that person's possession.

Section 5, Section 23A-5-317 is amended to read: 23A-5-317. Posted property -- Hunting by permission -- Entry on private land while hunting or fishing -- Violations -- Penalty -- Prohibitions inapplicable to officers. (1)As used in this section: (a)"Cultivated land" means land that is readily identifiable as: (i)land whose soil is loosened or broken up for the raising of crops; (ii)land used for the raising of crops; or (iii)pasturage which is artificially irrigated. (b)"Permission" means written authorization from the owner or person in charge to enter upon private land that is either cultivated or properly posted, and shall include: (i)the signature of the owner or person in charge; (ii)the name of the person being given permission; (iii)the appropriate dates; and (iv)a general description of the property. (c)"Properly posted" means that signs prohibiting trespass or bright yellow, bright orange, or fluorescent paint are clearly displayed: (i)at the corners, fishing streams crossing property lines, roads, gates, and rights-of-way entering the land; or (ii)in a manner that would reasonably be expected to be seen by a person in the area. (2) (a)While taking wildlife or engaging in wildlife related activities, a person may not: (i)without permission, enter upon privately owned land that is cultivated or properly posted; (ii)enter or remain on privately owned land if the person has notice to not enter or remain on the privately owned land; or (iii)obstruct an entrance or exit to private property. (b)A person has notice to not enter or remain on privately owned land if: (i)the person is directed to not enter or remain on the land by: (A)the owner of the land; (B)the owner's employee; or (C)a person with apparent authority to act for the owner; or (ii)the land is fenced or otherwise enclosed in a manner that a reasonable person would recognize as intended to exclude intruders. (c)The division shall provide "hunting by permission cards" to a landowner upon the landowner's request. (d)A person may not post: (i)private property the person does not own or legally control; or (ii)land that is open to the public as provided by Section 23A-6-402. (3)A person who violates Subsection (2)(a) or (d) is subject to the penalty provided in Section 23A-5-301 and liable for the civil damages described in Subsection (7). (4) (a)A person convicted of violating Subsection (2)(a) may have the person's license, tag, certificate of registration, or permit, relating to the activity engaged in at the time of the violation, revoked by a hearing officer. (b)A hearing officer may construe a subsequent conviction that occurs within a five-year period as a flagrant violation and may prohibit the person from obtaining a new license, tag, certificate of registration, or permit for a period of up to five years. (5)Subsection (2)(a) does not apply to peace or conservation natural resources officers in the performance of their duties. (6) (a)The division shall provide information regarding owners' rights and duties: (i)to anyone holding a license, certificate of registration, tag, or permit to take wildlife; and (ii)by using the public media and other sources. (b)The Wildlife Board shall state restrictions in this section relating to trespassing in the hunting and fishing proclamations issued by the Wildlife Board. (7)In addition to an order for restitution under Section 77-38b-205, a person who commits a violation of Subsection (2)(a) or (d) may also be liable for: (a)the greater of: (i)statutory damages in the amount of three times the value of damages resulting from the violation of Subsection (2)(a) or (d); or (ii)$500; and (b)reasonable attorney fees not to exceed $250, and court costs. (8)Civil damages under Subsection (7) may be collected in a separate action by the property owner or the property owner's assignee.

Section 6, Section 23A-10-302 is amended to read: 23A-10-302. Conveyance or equipment detainment or quarantine. (1)The division, a port-of-entry agent, a natural resources officer, or a peace officer may detain or quarantine a conveyance or equipment if: (a)the division, agent, natural resources officer, or peace officer: (i)finds the conveyance or equipment contains a Dreissena mussel; or (ii)reasonably believes that the person transporting the conveyance or equipment is in violation of Section 23A-10-201; or (b)the person transporting the conveyance or equipment refuses to submit to an inspection authorized by Section 23A-10-301. (2)The detainment or quarantine authorized by Subsection (1) may continue for: (a)up to five days; or (b)the period of time necessary to: (i)decontaminate the conveyance or equipment; and (ii)ensure that a Dreissena mussel is not living on or in the conveyance or equipment.

Section 7, Section 53-13-103 is amended to read: 53-13-103. Law enforcement officer. (1) (a)"Law enforcement officer" means a sworn and certified peace officer: (i)who is an employee of a law enforcement agency; and (ii)whose primary and principal duties consist of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of its political subdivisions. (b)"Law enforcement officer" includes the following: (i)a sheriff or deputy sheriff, chief of police, police officer, or marshal of any county, city, or town; (ii)the commissioner of public safety and any member of the Department of Public Safety certified as a peace officer; (iii)all persons individuals specified in Sections 23A-5-202 and 79-4-501 Section 79-2-704 ; (iv)a police officer employed by a state institution of higher education; (v)investigators for the Motor Vehicle Enforcement Division; (vi)investigators for the Department of Insurance, Fraud Division; (vii)special agents or investigators employed by the attorney general, district attorneys, and county attorneys; (viii)employees of the Department of Natural Resources designated as peace officers by law; (ix)school district police officers as designated by the board of education for the school district; (x)the executive director of the Department of Corrections and any correctional enforcement or investigative officer designated by the executive director and approved by the commissioner of public safety and certified by the division; (xi)correctional enforcement, investigative, or adult probation and parole officers employed by the Department of Corrections serving on or before July 1, 1993; (xii)members of a law enforcement agency established by a private college or university if the agency is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; (xiii)airport police officers of any airport owned or operated by the state or any of its political subdivisions; and (xiv)transit police officers designated under Section 17B-2a-822. (2)Law enforcement officers may serve criminal process and arrest violators of any law of this state and have the right to require aid in executing their lawful duties. (3) (a)A law enforcement officer has statewide full-spectrum peace officer authority, but the authority extends to other counties, cities, or towns only when the officer is acting under Title 77, Chapter 9, Uniform Act on Fresh Pursuit, unless the law enforcement officer is employed by the state. (b) (i)A local law enforcement agency may limit the jurisdiction in which its law enforcement officers may exercise their peace officer authority to a certain geographic area. (ii)Notwithstanding Subsection (3)(b)(i), a law enforcement officer may exercise authority outside of the limited geographic area, pursuant to Title 77, Chapter 9, Uniform Act on Fresh Pursuit, if the officer is pursuing an offender for an offense that occurred within the limited geographic area. (c)The authority of law enforcement officers employed by the Department of Corrections is regulated by Title 64, Chapter 13, Department of Corrections - State Prison. (4)A law enforcement officer shall, prior to exercising peace officer authority: (a) (i)have satisfactorily completed the requirements of Section 53-6-205; or (ii)have met the waiver requirements in Section 53-6-206; and (b)have satisfactorily completed annual certified training of at least 40 hours per year as directed by the director of the division, with the advice and consent of the council.

Section 8, Section 63A-17-512 is amended to read: 63A-17-512. Leave of absence with pay for employees with a disability who are covered under other civil service systems. (1)As used in this section: (a)"Eligible officer" means a person who qualifies for a benefit under this section. (b) (i)"Law enforcement officer" means a sworn and certified peace officer who is an employee of a law enforcement agency that is part of or administered by the state, and whose primary and principal duties consist of the prevention and detection of crime and the enforcement of criminal statutes of this state. (ii)"Law enforcement officer" specifically includes the following: (A)the commissioner of public safety and any member of the Department of Public Safety certified as a peace officer; (B) all persons specified in Sections 23A-5-202 and 79-4-501; (C) (B) investigators for the Motor Vehicle Enforcement Division; (D) (C) special agents or investigators employed by the attorney general; (E) (D) employees of the Department of Natural Resources designated as peace officers by law; (F) (E) the executive director of the Department of Corrections and any correctional enforcement or investigative officer designated by the executive director and approved by the commissioner of public safety and certified by the division; and (G) (F) correctional enforcement, investigative, or adult probation and parole officers employed by the Department of Corrections serving on or before July 1, 1993. (c)"State correctional officer" means a correctional officer as defined in Section 53-13-104 who is employed by the Department of Corrections. (2) (a)A law enforcement officer or state correctional officer who is injured in the course of employment shall be given a leave of absence with 100% of the officer's regular monthly salary and benefits during the period the employee has a temporary disability. (b)The benefit provided under Subsection (2)(a): (i)shall be offset as provided under Subsection (4); and (ii)may not exceed 100% of the officer's regular monthly salary and benefits, including all offsets required under Subsection (4). (3) (a)A law enforcement officer or state correctional officer who has a total disability as defined in Section 49-21-102, shall be given a leave of absence with 100% of the officer's regular monthly salary and benefits until the officer is eligible for an unreduced retirement under Title 49, Utah State Retirement and Insurance Benefit Act, or reaches the retirement age of 62 years, whichever occurs first, if: (i)the disability is a result of an injury sustained while in the lawful discharge of the officer's duties; and (ii)the injury is the result of: (A)a criminal act upon the officer; or (B)an aircraft, vehicle, or vessel accident and the officer was not negligent in causing the accident. (b)The benefit provided under Subsection (3)(a): (i)shall be offset as provided under Subsection (4); and (ii)may not exceed 100% of the officer's regular monthly salary and benefits, including all offsets required under Subsection (4). (4) (a)The agency shall reduce or require the reimbursement of the monthly benefit provided under this section by any amount received by, or payable to, the eligible officer for the same period of time during which the eligible officer is entitled to receive a monthly disability benefit under this section. (b)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing policies and procedures for the reductions required under Subsection (4)(a).

Section 9, Section 63L-8-304 is amended to read: 63L-8-304. Enforcement authority. (1)The director shall issue rules as necessary to implement the provisions of this chapter with respect to the management, use, and protection of the public land and property located on the public land. (2)At the request of the director, the attorney general may institute a civil action in a district court for an injunction or other appropriate remedy to prevent any person from utilizing public land in violation of this chapter or rules issued by the director under this chapter. (3)The use, occupancy, or development of any portion of the public land contrary to any rule issued by the DLM in accordance with this chapter, and without proper authorization, is unlawful and prohibited. (4) (a)The locally elected county sheriff is the primary law enforcement authority with jurisdiction on public land to enforce: (i)all the laws of this state; and (ii)this chapter and rules issued by the director pursuant to Subsection (1). (b)The governor may utilize the Department of Public Safety for the purposes of assisting the county sheriff in enforcing: (i)all the laws of this state and this chapter; and (ii)rules issued by the director pursuant to Subsection (1). (c) Conservation officers employed by the Division of Wildlife Resources have A natural resources officer employed under Title 79, Chapter 2, Part 7, Division of Law Enforcement, has authority to enforce the laws and regulations under Title 23A, Wildlife Resources Act, for the sake of any protected wildlife. (d) A conservation officer A natural resources officer employed under Title 79, Chapter 2, Part 7, Division of Law Enforcement, shall work cooperatively with the locally elected county sheriff to enforce the laws and regulations under Title 23A, Wildlife Resources Act, for the sake of protected wildlife. (e)Nothing herein shall be construed as enlarging or diminishing the responsibility or authority of a state certified peace officer in performing the officer's duties on public land.

Section 10, Section 65A-1-1 is amended to read: 65A-1-1. Definitions. As used in this title: (1)"Division" means the Division of Forestry, Fire, and State Lands. (2) "Division of Law Enforcement" means the division within the Department of Natural Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement. (2) (3) "Initial attack" means action taken by the first resource to arrive at a wildland fire incident, including evaluating the wildland fire, patrolling, monitoring, holding action, or aggressive suppression action. (3) (4) "Multiple use" means the management of various surface and subsurface resources in a manner that will best meet the present and future needs of the people of this state. (4) (5) "Municipality" means a city, town, or metro township. (5) (6) "Public trust assets" means those lands and resources, including sovereign lands, administered by the division. (6) (7) "Sovereign lands" means those lands lying below the ordinary high water mark of navigable bodies of water at the date of statehood and owned by the state by virtue of its sovereignty. (7) (8) "State lands" means all lands administered by the division. (8) (9) "Sustained yield" means the achievement and maintenance of high level annual or periodic output of the various renewable resources of land without impairment of the productivity of the land. (9) (10) "Wildland" means an area where: (a)development is essentially non-existent, except for roads, railroads, powerlines, or similar transportation facilities; and (b)structures, if any, are widely scattered. (10) (11) "Wildland fire" means a fire that consumes: (a)wildland; or (b)wildland-urban interface, as defined in Section 65A-8a-102.

Section 11, Section 65A-3-3 is amended to read: 65A-3-3. Enforcement of laws -- City, county, or district attorney to prosecute. (1)It is the duty of the division Division of Law Enforcement, county sheriffs, their county sheriff deputies, peace officers, and other law enforcement officers within the law enforcement jurisdiction to enforce the provisions of this chapter and to investigate and gather evidence that may indicate a violation under this chapter. (2) (a)The city attorney, county attorney, or district attorney, as appropriate under Sections 10-3-928, 17-18a-202, and 17-18a-203, shall prosecute any criminal violations of this chapter. (b)The counsel for an eligible entity, as defined in Section 65A-8-203, shall initiate a civil action to recover suppression costs incurred by the eligible entity for suppression of fire on private land.

Section 12, Section 65A-8-308 is amended to read: 65A-8-308. Enforcement -- Prosecution of violations. (1) County The Division of Law Enforcement, county sheriffs, police, and other law enforcement officers within their respective jurisdictions are responsible for the enforcement of this part. (2)The county attorney or district attorney shall prosecute any violation of this part.

Section 13, Section 77-11a-101 is amended to read: 77-11a-101. Definitions. As used in this chapter: (1) (a)"Agency" means an agency of this state or a political subdivision of this state. (b)"Agency" includes a law enforcement agency or a multijurisdictional task force. (2)"Claimant" means: (a)an owner of property; (b)an interest holder; or (c)an individual or entity who asserts a claim to any property for which an agency seeks to forfeit. (3) (a)"Computer" means, except as provided in Subsection (3)(c), an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, and storage functions. (b)"Computer" includes any device that is used for the storage of digital or electronic files, flash memory, software, or other electronic information. (c)"Computer" does not mean a computer server of an Internet or electronic service provider, or the service provider's employee, if used to comply with the requirements under 18 U.S.C. Sec. 2258A. (4) (a)"Contraband" means any property, item, or substance that is unlawful to produce or to possess under state or federal law. (b)"Contraband" includes: (i)a controlled substance that is possessed, transferred, distributed, or offered for distribution in violation of Title 58, Chapter 37, Utah Controlled Substances Act; or (ii)a computer that: (A)contains or houses child sexual abuse material, or is used to create, download, transfer, upload to a storage account, or store any electronic or digital files containing child sexual abuse material; or (B)contains the personal identifying information of another individual, as defined in Section 76-6-1101, whether that individual is alive or deceased, and the personal identifying information has been used to create false or fraudulent identification documents or financial transaction cards in violation of Title 76, Chapter 6, Part 5, Fraud. (5)"Controlled substance" means the same as that term is defined in Section 58-37-2. (6)"Court" means a municipal, county, or state court. (7) "Division of Law Enforcement" means the division within the Department of Natural Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement. (7) (8) "Evidence" means the same as that term is defined in Section 77-11c-101. (8) (9) "Forfeit" means to divest a claimant of an ownership interest in property seized by a peace officer or agency. (9) (10) "Innocent owner" means a claimant who: (a)held an ownership interest in property at the time of the commission of an offense subjecting the property to seizure, and: (i)did not have actual knowledge of the offense subjecting the property to seizure; or (ii)upon learning of the commission of the offense, took reasonable steps to prohibit the use of the property in the commission of the offense; or (b)acquired an ownership interest in the property and had no knowledge that the commission of the offense subjecting the property to seizure had occurred or that the property had been seized, and: (i)acquired the property in a bona fide transaction for value; (ii)was an individual, including a minor child, who acquired an interest in the property through probate or inheritance; or (iii)was a spouse who acquired an interest in property through dissolution of marriage or by operation of law. (10) (11) (a)"Interest holder" means a secured party as defined in Section 70A-9a-102, a party with a right-of-offset, a mortgagee, lien creditor, or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest would be perfected against a good faith purchaser for value. (b)"Interest holder" does not mean a person: (i)who holds property for the benefit of or as an agent or nominee for another person; or (ii)who is not in substantial compliance with any statute requiring an interest in property to be: (A)recorded or reflected in public records in order to perfect the interest against a good faith purchaser for value; or (B)held in control by a secured party, as defined in Section 70A-9a-102, in accordance with Section 70A-9a-314 in order to perfect the interest against a good faith purchaser for value. (11) (12) "Law enforcement agency" means: (a)a municipal, county, state institution of higher education, or state police force or department; (b)a sheriff's office; or (c)a municipal, county, or state prosecuting authority. (12) (13) "Legislative body" means: (a) (i)the Legislature, county commission, county council, city commission, city council, or town council that has fiscal oversight and budgetary approval authority over an agency; or (ii)the agency's governing political subdivision; or (b)the lead governmental entity of a multijurisdictional task force, as designated in a memorandum of understanding executed by the agencies participating in the task force. (13) (14) "Multijurisdictional task force" means a law enforcement task force or other agency comprised of individuals who are employed by or acting under the authority of different governmental entities, including federal, state, county, or municipal governments, or any combination of federal, state, county, or municipal agencies. (14) (15) "Owner" means an individual or entity, other than an interest holder, that possesses a bona fide legal or equitable interest in property. (15) (16) "Pawn or secondhand business" means the same as that term is defined in Section 13-32a-102. (16) (17) "Peace officer" means an employee: (a)of an agency; (b)whose duties consist primarily of the prevention and detection of violations of laws of this state or a political subdivision of this state; and (c)who is authorized by the agency to seize property. (17) (18) (a)"Proceeds" means: (i)property of any kind that is obtained directly or indirectly as a result of the commission of an offense; or (ii)any property acquired directly or indirectly from, produced through, realized through, or caused by an act or omission regarding property under Subsection (17)(a)(i) (18)(a)(i). (b)"Proceeds" includes any property of any kind without reduction for expenses incurred in the acquisition, maintenance, or production of that property, or any other purpose regarding property under Subsection (17)(a)(i) (18)(a)(i). (c)"Proceeds" is not limited to the net gain or profit realized from the offense that subjects the property to seizure. (18) (19) (a)"Property" means all property, whether real or personal, tangible or intangible. (b)"Property" does not include contraband. (19) (20) "Prosecuting attorney" means: (a)the attorney general and an assistant attorney general; (b)a district attorney or deputy district attorney; (c)a county attorney or assistant county attorney; and (d)an attorney authorized to commence an action on behalf of the state. (20) (21) "Public interest use" means a: (a)use by a government agency as determined by the legislative body of the agency's jurisdiction; or (b)donation of the property to a nonprofit charity registered with the state. (21) (22) "Real property" means land, including any building, fixture, improvement, appurtenance, structure, or other development that is affixed permanently to land. (22) (23) (a)"Seized property" means property seized by a peace officer or agency in accordance with Section 77-11a-201. (b)"Seized property" includes property that the agency seeks to forfeit under Chapter 11b, Forfeiture of Seized Property.

Section 14, Section 77-11a-301 is amended to read: 77-11a-301. Release of seized property to claimant -- Generally. (1) (a)An agency with custody of seized property, or the prosecuting attorney, may release the property to a claimant if the agency or the prosecuting attorney: (i)determines that the agency does not need to retain or preserve the property as evidence under Chapter 11c, Retention of Evidence; or (ii)seeks to return the property to the claimant because the agency or prosecuting attorney determines that the claimant is an innocent owner or an interest holder. (b)An agency with custody of seized property, or the prosecuting attorney, may not release property under this Subsection (1) if the property is subject to retention or preservation under Chapter 11c, Retention of Evidence. (2)An agency with custody of the seized property, or the prosecuting attorney, shall release the property to a claimant if: (a)the claimant posts a surety bond or cash with the court in accordance with Section 77-11a-302 ; (b)the court orders the release of property to the claimant for hardship purposes under Section 77-11a-303; (c)a claimant establishes that the claimant is an innocent owner or an interest holder under Section 77-11a-304; or (d)the court orders property retained as evidence to be released to the claimant under Section 77-11a-305. (3) (a)For a computer determined to be contraband, a court may order the reasonable extraction and return of specifically described personal digital data to the owner of the computer. (b)The agency shall determine a reasonable cost to extract the data. (c)At the time of the request to extract the data, the owner of the computer shall pay the agency the cost to extract the data. (4)If a peace natural resources officer for the Division of Wildlife Resources of Law Enforcement seizes a vehicle, the Division of Wildlife Resources Law Enforcement shall release the vehicle to a claimant in accordance with Section 23A-5-201. (5)If an agency is not required, or is no longer required, to retain or preserve property as evidence under Chapter 11c, Retention of Evidence, and the agency seeks to release or dispose of the property, the agency shall exercise due diligence in attempting to notify the claimant of the property to advise the claimant that the property is to be returned. (6) (a)Before an agency may release seized property to a person claiming ownership of the property, the person shall establish that the person: (i)is the owner of the property; and (ii)may lawfully possess the property. (b)The person shall establish ownership under Subsection (6)(a) by providing to the agency: (i)identifying proof or documentation of ownership of the property; or (ii)a notarized statement if proof or documentation is not available. (c)When seized property is returned to the owner, the owner shall sign a receipt listing in detail the property that is returned. (d)The agency shall: (i)retain a copy of the receipt; and (ii)provide a copy of the receipt to the owner.

Section 15, Section 79-2-102 is amended to read: 79-2-102. Definitions. As used in this chapter: (1) "Conservation officer" is as defined in Section 23A-1-101. (1) "Natural resources officer" means the same as that term is defined in Section 79-2-701. (2)"Species protection" means an action to protect a plant or animal species identified as: (a)sensitive by the state; or (b)threatened or endangered under the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq. (3)"Volunteer" means a person who donates a service to the department or a division of the department without pay or other compensation.

Section 16, Section 79-2-204 is amended to read: 79-2-204. Division directors -- Appointment -- Removal -- Jurisdiction of executive director. (1) (a)The chief administrative officer of a division within the department is a director appointed by the executive director with the concurrence of the board having policy authority for the division. (b)The director of a division may be removed from office by the executive director. (c)The appointment and term of office of the state engineer, notwithstanding anything to the contrary contained in this section, shall be in accordance with Section 73-2-1. (2) (a)The executive director has administrative jurisdiction over a division director for the purpose of implementing department policy as established by the division's board. (b)The executive director may: (i)consolidate personnel and service functions in the divisions to effectuate efficiency and economy in the operations of the department; (ii)establish a departmental services division to perform service functions; and (iii)employ law enforcement officers and special function officers within the department that have all of the powers of a conservation natural resources officer and law enforcement officer, with the exception of the power to serve civil process.

Section 17, Section 79-2-701 is enacted to read: 7. Division of Law Enforcement 79-2-701. Definitions. As used in this part: (1) "Division" means the Division of Law Enforcement. (2) "Law enforcement officer" means the same as that term is defined in Section 53-13-103. (3) (a) "Natural resources officer" means a full-time, permanent employee of the division who is POST certified as a peace officer. (b) "Natural resources officer" includes a wildlife officer, as that term is defined in Section 23A-2-502. (4) "Peace officer" means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications.

Section 18, Section 79-2-702 is enacted to read: 79-2-702. Division creation -- Purpose. (1) There is created within the department a Division of Law Enforcement. (2) Subject to the priorities defined by the director, the primary function of the division is to enforce: (a) Title 23A, Wildlife Resources Act; (b) Title 41, Chapter 22, Off-highway Vehicles; (c) Title 65A, Forestry, Fire, and State Lands; (d) Title 73, Chapter 18, State Boating Act; (e) this title; and (f) an administrative rule enacted by an advisory board within any of the department's divisions. (3) The division shall coordinate with county sheriffs, police, and other law enforcement officers within a law enforcement jurisdiction the division operates to enforce this part. (4) This part does not limit or modify the powers and duties of other law enforcement officers in the state.

Section 19, Section 79-2-703 is enacted to read: 79-2-703. Division director -- Qualifications -- Duties -- Special deputies. (1) The director is the executive and administrative head of the division, appointed in accordance with Section 79-2-204. (2) The director shall demonstrate: (a) experience as a sworn law enforcement officer; and (b) law enforcement leadership ability. (3) The director shall: (a) enforce the policies and rules of the department's divisions; and (b) perform the duties necessary to: (i) coordinate, prioritize, and direct the law enforcement needs of the divisions within the department; (ii) properly care for and maintain any property under the jurisdiction of the division; and (iii) carry out the purposes of this part. (4) (a) The director may appoint an individual, on a temporary basis, as a special deputy. (b) A special deputy may enforce this part and rules made under this part. (5) The director may deputize an individual who is a peace officer to assist the division on a seasonal or temporary basis.

Section 20, Section 79-2-704 is enacted to read: 79-2-704. Powers and duties of division -- Enforcement authority -- Ability to initiate civil proceedings. (1) An employee of the division who is a POST certified law enforcement officer: (a) has all the powers of a law enforcement officer and natural resources officer in the state; (b) may arrest and prosecute violators of any law of this state; (c) has the same right as other peace officers to require aid in executing the peace officer's duties; (d) may take wildlife in performance of official duties, in accordance with Section 23A-2-207 ; (e) may protect property under the jurisdiction of the department or the department's divisions from misuse or damage; (f) may preserve the peace on property under the jurisdiction of the department or the department's divisions; (g) may serve criminal process; and (h) may not serve civil process. (2) The powers and duties conferred upon the director and members of the division are supplementary to and not a limitation on the powers and duties of other peace officers in the state. (3) The division shall have the authority to initiate civil proceedings, in addition to criminal proceedings provided for in this part, to: (a) recover damages; (b) compel performance; (c) compel substitution; (d) restrain or enjoin; (e) initiate any other appropriate action; and (f) seek appropriate remedies in the division's capacity as the primary law enforcement authority for the department.

Section 21, Section 79-2-705 is enacted to read: 79-2-705. Division authorized to enter into contracts and agreements. (1) The division, with the approval of the executive director, may enter into contracts and agreements as needed to: (a) support law enforcement operations for the department; (b) improve and maintain the property under the jurisdiction of the division; and (c) secure labor, quarters, materials, services, or facilities for the division according to procedures established by the Division of Finance. (2) All departments, agencies, officers, and employees of the state shall give to the division the consultation and assistance that the division may reasonably request.

Section 22, Section 79-2-706, which is renumbered from Section 23A-3-211 is renumbered and amended to read: 23A-3-211 79-2-706 . Aquatic Invasive Species Interdiction Account. (1)There is created within the General Fund a restricted account known as the "Aquatic Invasive Species Interdiction Account." (2)The Aquatic Invasive Species Interdiction Account shall consist of: (a)nonresident aquatic invasive species fees collected under Subsection 23A-10-304(2); (b)resident aquatic invasive species fees collected under Subsection 23A-10-304(1); and (c)other amounts deposited in the Aquatic Invasive Species Interdiction Account from donations, appropriations, contractual agreements, and accrued interest. (3)Upon appropriation, the division shall use the aquatic invasive species fees collected under Subsections 23A-10-304(1) and (2) and deposited in the Aquatic Invasive Species Account to fund aquatic invasive species prevention and containment efforts.

Section 23, Repealer. This bill repeals: Section 23A-5-202, Powers of law enforcement section. Section 23A-5-203, Special deputies -- Appointment -- Duties. Section 23A-5-319, Interference with, intimidation, or harassment of officer unlawful. Section 79-4-501, Peace officer authority of park rangers. Section 79-7-401, Enforcement in general.

Section 24. Effective date. This bill takes effect on January 1, 2025.

Section 25. Coordinating H.B. 469 with S.B. 76. If H.B. 469, Department of Natural Resources Law Enforcement Amendments, and S.B. 76, Evidence Retention Amendments, both pass and become law, the Legislature intends that on January 1, 2025, Subsection 23A-5-201(5)(a) enacted in S.B. 76 be amended to read: "(5)(a) If a defendant is convicted of the offense for which protected wildlife is seized and the Division of Law Enforcement is permitted by law to sell or dispose of the protected wildlife, the Division of Law Enforcement may sell or dispose of the protected wildlife or part of the wildlife.".