Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 84 First Substitute (2016GS)

Sponsor

Rep. McKell, M.

Final action

Governor Signed 3/25/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• states that a license, permit, tag, or certificate of registration issued to a person by the Division of Wildlife Resources is a privilege, not a right;
• states that a point or credit issued to a person to improve the person's chances of receiving a hunting permit in a division-administered drawing:
• may not be transferred, sold, or assigned to another person; and
• is not a right; and
• makes technical changes.

Every vote on this bill

Bill text

WILDLIFE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike K. McKell
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill clarifies the nature of a license, permit, tag, certificate of registration, point, or
credit issued to a person by the Division of Wildlife Resources. 
Highlighted Provisions:
This bill:
▸ states that a license, permit, tag, or certificate of registration issued to a person by
the Division of Wildlife Resources is a privilege, not a right;
▸ states that a point or credit issued to a person to improve the person's chances of
receiving a hunting permit in a division-administered drawing:
• may not be transferred, sold, or assigned to another person; and
• is not a right; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
23-19-1
, as last amended by Laws of Utah 2013, Chapter 418
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
23-19-1
 is amended to read:
23-19-1.
Possession of licenses, certificates of registration, permits, and tags
required -- Nonassignability -- Exceptions -- Free fishing day -- Nature of licenses,
permits, or tags issued by the division.
(1) Except as provided in Subsection (5), a person may not take, hunt, fish, or seine
protected wildlife or sell, trade, or barter protected wildlife or wildlife parts unless the person:
(a) procures the necessary licenses, certificates of registration, permits, or tags required
under this title, by rule made by the Wildlife Board under this title, or by an order or
proclamation issued in accordance with a rule made by the Wildlife Board under this title; and
(b) carries in the person's possession while engaging in the activities described in
Subsection (1) the license, certificate of registration, permit, or tag required under this title, by
rule made by the Wildlife Board under this title, or by an order or proclamation issued in
accordance with a rule made by the Wildlife Board under this title.
(2) Except as provided in Subsection (3) a person may not:
(a) lend, transfer, sell, give, or assign:
(i) a license, certificate of registration, permit, or tag belonging to the person; or
(ii) a right granted by a license, certificate of registration, permit, or tag; or
(b) use or attempt to use a license, certificate of registration, permit, or tag of another
person.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Wildlife Board may, by rule, make exceptions to the prohibitions described in Subsection (2)
to:
(a) transport wildlife;
(b) allow a person to take protected wildlife for another person if:
(i) the person possessing the license, certificate of registration, permit, or tag has a
permanent physical impairment due to a congenital or acquired injury or disease; and
(ii) the injury or disease described in Subsection (3)(b)(i) results in the person having a
disability that renders the person physically unable to use a legal hunting weapon or fishing
device;
(c) allow a resident minor under 18 years of age to use the resident or nonresident
hunting permit of another person if:
(i) the resident minor is:
(A) the permit holder's child, stepchild, grandchild, or legal ward, if the permit holder's
guardianship of the legal ward is based solely on the minor's age; or
(B) suffering from a life threatening medical condition; and
(ii) the permit holder:
(A) receives no form of compensation or remuneration for allowing the minor to use
the permit;
(B) obtains the division's prior written approval to allow the minor to use the permit;
and
(C) accompanies the minor, for the purposes of advising and assisting during the hunt,
at a distance where the permit holder can communicate with the minor, in person, by voice or
visual signals; or
(d) subject to the requirements of Subsection (4), transfer to another person a certificate
of registration to harvest brine shrimp and brine shrimp eggs, if the certificate is transferred in
connection with the sale or transfer of the brine shrimp harvest operation or harvesting
equipment.
(4) A person may transfer a certificate of registration to harvest brine shrimp and brine
shrimp eggs if:
(a) the person submits to the division an application to transfer the certificate on a form
provided by the division;
(b) the proposed transferee meets all requirements necessary to obtain an original
certificate of registration; and
(c) the division approves the transfer of the certificate.
(5) A person is not required to obtain a license, certificate of registration, permit, or tag
to:
(a) fish on a free fishing day that the Wildlife Board may establish each year by rule
made by the Wildlife Board under this title or by an order or proclamation issued in accordance
with a rule made by the Wildlife Board under this title;
(b) fish at a private fish pond operated in accordance with Section 
23-15-10
; or
(c) hunt birds on a commercial hunting area that the owner or operator is authorized to
propagate, keep, and release for shooting in accordance with a certificate of registration issued
under Section 
23-17-6
.
(6) (a) A license, permit, tag, or certificate of registration issued under this title, or the
rules of the Wildlife Board issued pursuant to authority granted by this title, to take protected
wildlife is:
(i) a privilege; and
(ii) not a right or property for any purpose.
(b) A point or other form of credit issued to, or accumulated by, a person under
procedures established by the Wildlife Board in rule to improve the likelihood of obtaining a
hunting permit in a division-administered drawing:
(i) may not be transferred, sold, or assigned to another person; and
(ii) is not a right or property for any purpose.
Legislative Review Note
Office of Legislative Research and General Counsel