Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 206 (2022GS)

Sponsor

Rep. Chew, S.

Final action

Governor Signed 3/21/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires that the importance of gates or fences used for agriculture and how to close gates be part of hunter education and the off-highway vehicle safety education and training program;
• clarifies rulemaking authority; and
• makes technical changes.

Every vote on this bill

Bill text

OUTDOOR RECREATION RELATED EDUCATION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott H. Chew
Senate Sponsor: 
Derrin R. Owens
LONG TITLE
General Description:
This bill modifies provisions to require outdoor recreation education related to gates or
fences used for agricultural purposes.
Highlighted Provisions:
This bill:
▸ requires that the importance of gates or fences used for agriculture and how to close
gates be part of hunter education and the off-highway vehicle safety education and
training program;
▸ clarifies rulemaking authority; 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 2017, Chapter 46
23-19-12
, as last amended by Laws of Utah 1979, Chapter 90
41-22-31
, as last amended by Laws of Utah 2021, Chapter 280
41-22-32
, as repealed and reenacted by Laws of Utah 2017, Chapter 38
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) 
(a)
 Except as provided in Section 
23-19-14.6
, an individual born after December
31, 1965, may not acquire or possess a hunting license or permit unless the individual has
successfully completed a division-approved hunter education course.
(b) A division-approved hunter education course shall include education concerning
the importance of gates and fences used in agriculture and how to properly close a gate.
(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 
23-19-12
 is amended to read:
23-19-12.
Instruction in hunter education -- Issuance of certificate of competency.
(1)
 The Division of Wildlife Resources shall provide 
for individuals interested in
obtaining an instructor's certificate in hunter education
 a course of instruction in
:
(a)
 the safe handling of firearms[
,
]
;
(b)
 conservation[
,
]
;
(c)
 hunting ethics[
,
]
;
(d) information required by Subsection 
23-19-11
(1)(b);
 and
(e)
 related subject matter [
for individuals interested in obtaining an instructor's
certificate in hunter education. Certified instructors will
]
.
(2) A certified instructor may
, on a voluntary basis, give instruction in the course of
hunter education, as established by the Division of Wildlife Resources, to [
all
] eligible persons
who, upon the successful completion of the course, shall be issued a certificate of competency
in hunter education.
Section 3. Section 
41-22-31
 is amended to read:
41-22-31.
Division to set standards for safety program -- Safety certificates issued
-- Cooperation with public and private entities -- State immunity from suit.
(1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the division shall
:
(i)
 make rules, after consultation with the commission, that establish curriculum
standards for a comprehensive off-highway vehicle safety education and training program
;
 and
[
shall
]
(ii)
 implement [
this
] 
the
 program.
(b) The program shall be designed to develop and instill the knowledge, attitudes,
habits, and skills necessary for the safe operation of an off-highway vehicle.
(c) Components of the program shall include
:
(i)
 the preparation and dissemination of off-highway vehicle information and safety
advice to the public [
and
]
;
(ii)
 the training of off-highway vehicle operators[
.
]
; and
(iii) education concerning the importance of gates and fences used in agriculture and
how to properly close a gate.
(d) Off-highway vehicle safety certificates shall be issued to those who successfully
complete training or pass the knowledge and skills test established under the program.
(2) The division shall cooperate with appropriate private organizations and
associations, private and public corporations, and local government units to implement the
program established under this section.
(3) In addition to the governmental immunity granted in Title 63G, Chapter 7,
Governmental Immunity Act of Utah, the state is immune from suit for any act, or failure to
act, in any capacity relating to the off-highway vehicle safety education and training program. 
The state is also not responsible for any insufficiency or inadequacy in the quality of training
provided by this program.
Section 4. Section 
41-22-32
 is amended to read:
41-22-32.
Approval of safety courses.
(1) 
(a)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the division may make rules
, after consultation with the commission,
 that establish standards
for an off-highway vehicle safety course for instruction on the safe operation of an off-highway
vehicle.
(b) The division shall require that the information described in Subsection
41-22-31
(1)(c)(iii) be part of an off-highway vehicle safety course for instruction on the safe
operation of an off-highway vehicle.
(2) If a private organization meets the standards set by the division under Subsection
(1), the division shall approve the off-highway 
vehicle
 safety course as compliant with the
standards and purposes of this chapter.