Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 67 (2017GS)

Sponsor

Rep. McKell, M.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• prohibits an individual from acquiring or possessing a hunting license or permit unless the individual has successfully completed a Division of Wildlife-approved hunter education course;
• prohibits an individual from acquiring or possessing a furbearer license unless the individual has successfully completed a Division of Wildlife-approved furharvester education course; 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: 
Margaret Dayton
LONG TITLE
General Description:
This bill modifies the procedure for the acquisition or possession of a hunting license or
permit or a furbearer license.
Highlighted Provisions:
This bill:
▸ prohibits an individual from acquiring or possessing a hunting license or permit
unless the individual has successfully completed a Division of Wildlife-approved
hunter education course;
▸ prohibits an individual from acquiring or possessing a furbearer license unless the
individual has successfully completed a Division of Wildlife-approved furharvester
education course; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
23-19-11
, as last amended by Laws of Utah 2014, Chapter 33
23-19-11.1
, as enacted by Laws of Utah 2008, Chapter 217
23-19-11.5
, as last amended by Laws of Utah 2000, Chapter 86
23-19-15
, as last amended by Laws of Utah 2005, Chapter 68
23-19-17.5
, as last amended by Laws of Utah 2011, Chapter 297
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
23-19-11
 is amended to read:
23-19-11.
Age restriction -- Hunter education required.
(1) Except as provided in Section 
23-19-14.6
, [
a person
] 
an individual
 born after
December 31, 1965, may not [
purchase
] 
acquire or possess
 a hunting license or permit unless
the individual [
presents proof to the division or one of its authorized wildlife license agents that
the person has passed
] 
has successfully completed
 a division-approved hunter education course
[
offered by a state, province, or country
].
[
(2) For purposes of this section, "proof" means:
]
[
(a) a certificate of completion of a hunter education course;
]
[
(b) a preceding year's hunting license or permit issued by a state, province, or country
with the applicant's hunter education number noted on the hunting license or permit; or
]
[
(c) verification of completion of a hunter education course pursuant to Subsections (3)
and (4).
]
[
(3) If an applicant for a nonresident hunting license or permit is not able to present a
hunting license, permit, or a certificate of completion as provided in Subsections (1) and (2),
the division may contact another state, province, or country to verify the completion of a hunter
education course so that a nonresident hunting license or permit may be issued.
]
[
(4) If an applicant for a resident or nonresident hunting license or permit has
completed a hunter education course in Utah but is not able to present a hunting license,
permit, or a certificate of completion as provided in Subsections (1) and (2), the division may
research the division's hunter education records to verify that the applicant has completed the
hunter education course.
]
[
(5) (a) If an applicant for a resident or nonresident hunting license has completed a
hunter education course and is applying for a hunting permit or license through the division's
drawings, Internet site, or other electronic means authorized by the division, the applicant's
hunter education number and the name of the state, province, or country that issued the number
may constitute proof of completion of a hunter education course under this section.
]
[
(b) The division may research the hunter education number to verify that the applicant
has completed a division-approved hunter education course.
]
[
(6) Upon issuance of the hunting license or permit, the division shall indicate the
applicant's hunter education number on the face of the hunting license or permit.
]
[
(7) The division may charge a fee for a service provided in Subsection (3) or (4).
]
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Wildlife Board may make rules establishing:
(a) criteria and standards for approving a hunter education course, including a course
offered in another state or country; and
(b) procedures for verifying and documenting that an individual seeking a hunting
license or permit has successfully completed a division-approved hunter education course.
(3) (a) It is unlawful for an individual to obtain, attempt to obtain, or possess a hunting
license or permit in violation of the hunter education requirements in Subsection (1).
(b) A hunting license or permit obtained or possessed in violation of this section is
invalid.
Section 2. Section 
23-19-11.1
 is amended to read:
23-19-11.1.
Hunter education practical shooting test -- Exemptions.
(1) Except as provided in Subsection (2), the Wildlife Board may require that the
division-approved hunter education course required by [
Subsection 
23-19-11
(1)
] 
Section
23-19-11
 include a practical shooting test.
(2) A member of the United States Armed Forces, including the Utah National Guard,
is exempt from a practical shooting test that may be required under Subsection (1) if the
member has passed firearms training in the United States Armed Forces or Utah National
Guard.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Wildlife Board may make rules establishing firearms test verification requirements.
Section 3. Section 
23-19-11.5
 is amended to read:
23-19-11.5.
Age restriction -- Proof of furharvester education required.
(1) [
(a)
] A resident born after December 31, 1984, may not [
purchase a resident
]
acquire or possess a
 furbearer license unless the [
applicant presents:
] 
individual has
successfully completed a division-approved furharvester education course.
[
(i) a certificate of completion of a division approved furharvester education course;
or
]
[
(ii) an immediately preceding year's furbearer license with the furharvester education
number noted on the furbearer license.
]
[
(b) Upon issuance of the resident furbearer license, the division or authorized wildlife
license agent shall indicate the applicant's furharvester education number on the face of the
furbearer license.
]
[
(2) If an applicant for a resident furbearer license has completed a furharvester
education course in Utah but is not able to present a furbearer license or a certificate of
completion as provided in Subsection (1), the division may research the division's furharvester
education records to verify that the applicant has completed a furharvester education course in
Utah.
]
[
(3) (a) If an applicant for a resident furbearer license has completed a furharvester
education course and is applying for a furbearer license through the division's Internet site or
other electronic means authorized by the division, the applicant's Utah furharvester education
number may constitute proof of completion of a furharvester education course under this
section.
]
[
(b) The division may research the furharvester education number to verify that the
applicant has completed a division approved furharvester education course.
]
[
(4) The division may charge a fee for the service specified in Subsection (2).
]
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Wildlife Board may make rules establishing:
(a) criteria and standards for approving a furharvester education course, including a
course offered in another state or country; and
(b) procedures for verifying and documenting that an individual seeking a furbearer
license has successfully completed a division-approved furharvester education course.
(3) (a) It is unlawful for an individual to obtain, attempt to obtain, or possess a
furbearer license in violation of the furharvester education requirements in Subsection (1).
(b) A furbearer license or permit obtained or possessed in violation of this section is
invalid.
Section 4. Section 
23-19-15
 is amended to read:
23-19-15.
License agents -- Authority -- Bond -- Compensation -- Violations.
(1) The director of the division may designate wildlife license agents to sell licenses,
permits, and tags.
(2) Wildlife license agents may:
(a) sell licenses, permits, and tags to all eligible applicants, except those licenses,
permits, and tags specified in Subsection 
23-19-16
(2) which may be sold only by the division;
and
(b) collect a fee for each license, permit, or tag sold.
(3) A wildlife license agent shall receive:
(a) for any wildlife license, permit, or tag having a fee $10 or less and greater than $1,
50 cents for each wildlife license, permit, or tag sold; and
(b) for any wildlife license, permit, or tag having a fee greater than $10, 5% of the fee.
(4) The division may require wildlife license agents to obtain a bond in a reasonable
amount.
(5) (a) As directed by the division, each wildlife license agent shall:
(i) report all sales to the division; and
(ii) submit all of the fees obtained from the sale of licenses, permits, and tags less the
remuneration provided in Subsection (3).
(b) If a wildlife license agent fails to pay the amount due, the division may assess a
penalty of 20% of the amount due. All delinquent payments shall bear interest at the rate of
1% per month. If the amount due is not paid because of bad faith or fraud, the division shall
assess a penalty of 100% of the total amount due together with interest.
(c) All fees, except the remuneration provided in Subsection (3), shall:
(i) be kept separate from the private funds of the wildlife license agents; and
(ii) belong to the state.
(6) A wildlife license agent may not intentionally:
(a) fail to date or misdate a license, permit, or tag; [
or
]
(b) issue a 
hunting
 license 
or permit
 to [
any person
] 
an individual
 until that [
person
]
individual
 furnishes proof of [
having passed
] 
successful completion of
 a division-approved
hunter education course as provided in Section 
23-19-11
;
 or
(c) issue a furbearer license to an individual until that individual
 furnishes proof of
[
having passed
] 
successful completion of
 a division-approved [
fur harvester
] 
furharvester
education course as provided in Section 
23-19-11.5
.
(7) (a) Except as provided in Subsections (7)(b) and (c), a violation of this section is a
class B misdemeanor.
(b) A violation of this section is a class A misdemeanor if the aggregate amount
required under Subsection (5)(a):
(i) is at least $1,000, but less than $10,000;
(ii) is not submitted for one or more months; and
(iii) remains uncollectable.
(c) A violation of this section is a felony of the third degree if the aggregate amount
required under Subsection (5)(a):
(i) is $10,000 or more;
(ii) is not submitted for one or more months; and
(iii) remains uncollectable.
(8) Violation of any provision of this section may be cause for revocation of the
wildlife license agent authorization.
Section 5. Section 
23-19-17.5
 is amended to read:
23-19-17.5.
Lifetime hunting and fishing licenses.
(1) Lifetime licensees born after December 31, 1965, shall [
be certified
] 
complete the
hunter education requirements
 under Section 
23-19-11
 before engaging in hunting.
(2) A lifetime license shall remain valid if the residency of the lifetime licensee
changes to another state or country.
(3) (a) A lifetime license may be used in lieu of a hunting or fishing license.
(b) Each year, a lifetime licensee is entitled to receive without charge a permit and tag
of the lifetime licensee's choice for one of the following general season deer hunts:
(i) archery;
(ii) rifle; or
(iii) muzzleloader.
(c) A lifetime licensee is subject to each requirement for special hunting and fishing
permits and tags, except as provided in Subsections (3)(a) and (b).
(4) The Wildlife Board may adopt rules necessary to carry out the provisions of this
section.