Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 469 Third Substitute (2023GS)

Sponsor

Rep. Snider, C.

Final action

Governor Signed 3/17/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the Division of Wildlife Resources to notify the Division of Professional License of a suspension of the privilege to hunt or fish;
• addresses hunting with an air rifle;
• addresses the taking of cougars;
• modifies provisions related to use of trail cameras;
• creates the Wildlife Land and Water Acquisition Program;
• modifies provisions related to cooperative wildlife management units;
• addresses rulemaking by the Division of Professional Licensing;
• addresses when the Division of Professional Licensing is to refuse to issue, refuse to renew, or revoke a registration related to hunting guides and outfitters;
• provides for certain fees; and
• makes technical changes.

Every vote on this bill

Bill text

WILDLIFE RELATED AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: 
Scott D. Sandall
LONG TITLE
General Description:
This bill addresses issues related to wildlife hunting, fishing, and habitat.
Highlighted Provisions:
This bill:
▸ requires the Division of Wildlife Resources to notify the Division of Professional
License of a suspension of the privilege to hunt or fish;
▸ addresses hunting with an air rifle;
▸ addresses the taking of cougars;
▸ modifies provisions related to use of trail cameras;
▸ creates the Wildlife Land and Water Acquisition Program;
▸ modifies provisions related to cooperative wildlife management units;
▸ addresses rulemaking by the Division of Professional Licensing;
▸ addresses when the Division of Professional Licensing is to refuse to issue, refuse to
renew, or revoke a registration related to hunting guides and outfitters;
▸ provides for certain fees; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2024:
▸ to the Department of Natural Resources - Wildlife Land and Water Acquisition
Program, as an ongoing appropriation:
• from the General Fund, $1,000,000.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
23-13-18
, as last amended by Laws of Utah 2021, Chapter 177
23-19-9
, as last amended by Laws of Utah 2021, Chapter 57
23-19-17
, as last amended by Laws of Utah 2007, Chapter 187
23-19-22.5
, as last amended by Laws of Utah 2007, Chapter 187
23-19-24
, as last amended by Laws of Utah 2007, Chapter 187
23-19-26
, as last amended by Laws of Utah 2007, Chapter 187
23-19-47
, as last amended by Laws of Utah 2007, Chapter 187
23-19-49
, as enacted by Laws of Utah 2022, Chapter 102
23-23-2
, as last amended by Laws of Utah 2005, Chapter 112
23-23-3
, as last amended by Laws of Utah 2005, Chapter 112
23-23-6
, as repealed and reenacted by Laws of Utah 1997, Chapter 258
23-23-7
, as last amended by Laws of Utah 2005, Chapter 112
23-23-10
, as last amended by Laws of Utah 2000, Chapter 44
58-79-401
, as last amended by Laws of Utah 2020, Chapters 316, 376
63J-1-602.2
, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
242, and 447 and last amended by Coordination Clause, Laws of Utah 2022,
Chapter 154
ENACTS:
23-21-8
, Utah Code Annotated 1953
58-79-103
, Utah Code Annotated 1953
Uncodified Material Affected:
ENACTS UNCODIFIED MATERIAL
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
23-13-18
 is amended to read:
23-13-18.
Use of a computer or other device to remotely hunt wildlife prohibited
-- Trail cameras.
(1) A person may not use a computer or other device to remotely control the aiming
and discharge of a firearm or other weapon for hunting an animal.
(2) A person who violates Subsection (1) is guilty of a class A misdemeanor.
(3) (a) As used in this Subsection (3), "trail camera" means a device that is not held or
manually operated by a person and is [
used to capture
] 
capable of capturing
 images, video, or
location data of wildlife using heat or motion to trigger the device.
(b) A trail camera using internal data storage and not capable of transmitting data is
permitted for use on private lands for the purposes of taking protected wildlife.
(c) A trail camera may not be used to take wildlife on public land during the period
beginning on July 31 and ending on December 31.
(d) A trail camera is prohibited on public land during the period beginning on July 31
and ending on December 31, except for use by:
(i) the division for monitoring or research;
(ii) a land management agency in the course of the land management agency's regular
duties;
(iii) any of the following conducting research in conjunction with the division:
(A) a non-governmental organization;
(B) an educational institution; or
(C) other person;
(iv) monitoring active agricultural operations including the take of a bear or cougar that
is causing livestock depredation; or
(v) a municipality participating in a program addressing urban deer.
[
(b)
] 
(e)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the Wildlife Board [
shall
] 
may
 make rules regulating the use of trail cameras.
[
(c) The division shall provide an annual report to the Natural Resources, Agriculture,
and Environment Interim Committee regarding rules made or changed in accordance with this
Subsection (3).
]
Section 2. Section 
23-19-9
 is amended to read:
23-19-9.
Suspension of license or permit privileges -- Suspension of certificates of
registration.
(1) As used in this section:
(a) "License or permit privileges" means the privilege of applying for, purchasing, and
exercising the benefits conferred by a license or permit issued by the division.
(b) "Livestock guardian dog" means the same as that term is defined in Section
76-6-111
.
(2) A hearing officer, appointed by the division, may suspend a person's license or
permit privileges if:
(a) in a court of law, the person:
(i) is convicted of:
(A) violating this title or a rule of the Wildlife Board;
(B) killing or injuring domestic livestock or a livestock guardian dog while engaged in
an activity regulated under this title;
(C) violating Section 
76-6-111
; or
(D) violating Section 
76-10-508
 while engaged in an activity regulated under this title;
(ii) enters into a plea in abeyance agreement, in which the person pleads guilty or no
contest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; or
(iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the person
enters into a diversion agreement which suspends the prosecution of the offense; and
(b) the hearing officer determines the person committed the offense intentionally,
knowingly, or recklessly, as defined in Section 
76-2-103
.
(3) (a) The Wildlife Board shall make rules establishing guidelines that a hearing
officer shall consider in determining:
(i) the type of license or permit privileges to suspend; and
(ii) the duration of the suspension.
(b) The Wildlife Board shall ensure that the guidelines established under Subsection
(3)(a) are consistent with Subsections (4), (5), and (6).
(4) Except as provided in Subsections (5) and (6), a hearing officer may suspend a
person's license or permit privileges according to Subsection (2) for a period of time not to
exceed:
(a) seven years for:
(i) a felony conviction;
(ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is
held in abeyance pursuant to a plea in abeyance agreement; or
(iii) being charged with an offense punishable as a felony, the prosecution of which is
suspended pursuant to a diversion agreement;
(b) five years for:
(i) a class A misdemeanor conviction;
(ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor,
which plea is held in abeyance pursuant to a plea in abeyance agreement; or
(iii) being charged with an offense punishable as a class A misdemeanor, the
prosecution of which is suspended pursuant to a diversion agreement;
(c) three years for:
(i) a class B misdemeanor conviction;
(ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor
when the plea is held in abeyance according to a plea in abeyance agreement; or
(iii) being charged with an offense punishable as a class B misdemeanor, the
prosecution of which is suspended pursuant to a diversion agreement; and
(d) one year for:
(i) a class C misdemeanor conviction;
(ii) a plea of guilty or no contest to an offense punishable as a class C misdemeanor,
when the plea is held in abeyance according to a plea in abeyance agreement; or
(iii) being charged with an offense punishable as a class C misdemeanor, the
prosecution of which is suspended according to a diversion agreement.
(5) The hearing officer may double a suspension period established in Subsection (4)
for offenses:
(a) committed in violation of an existing suspension or revocation order issued by the
courts, division, or Wildlife Board; or
(b) involving the unlawful taking of a trophy animal, as defined in Section 
23-13-2
.
(6) (a) A hearing officer may suspend, according to Subsection (2), a person's license
or permit privileges for a particular license or permit only once for each single criminal
episode, as defined in Section 
76-1-401
.
(b) If a hearing officer addresses two or more single criminal episodes in a hearing, the
suspension periods of any license or permit privileges of the same type suspended, according to
Subsection (2), may run consecutively.
(c) If a hearing officer suspends, according to Subsection (2), license or permit
privileges of the type that have been previously suspended by a court, a hearing officer, or the
Wildlife Board and the suspension period has not expired, the suspension periods may run
consecutively.
(7) (a) A hearing officer, appointed by the division, may suspend a person's privilege of
applying for, purchasing, and exercising the benefits conferred by a certificate of registration if:
(i) the hearing officer determines the person intentionally, knowingly, or recklessly, as
defined in Section 
76-2-103
, violated:
(A) this title;
(B) a rule or order of the Wildlife Board;
(C) the terms of a certificate of registration; or
(D) the terms of a certificate of registration application or agreement; or
(ii) the person, in a court of law:
(A) is convicted of an offense that the hearing officer determines bears a reasonable
relationship to the person's ability to safely and responsibly perform the activities authorized by
the certificate of registration;
(B) pleads guilty or no contest to an offense that the hearing officer determines bears a
reasonable relationship to the person's ability to safely and responsibly perform the activities
authorized by the certificate of registration, and the plea is held in abeyance in accordance with
a plea in abeyance agreement; or
(C) is charged with an offense that the hearing officer determines bears a reasonable
relationship to the person's ability to safely and responsibly perform the activities authorized by
the certificate of registration, and prosecution of the offense is suspended in accordance with a
diversion agreement.
(b) All certificates of registration for the harvesting of brine shrimp eggs, as defined in
Section 
59-23-3
, shall be suspended by a hearing officer, if the hearing officer determines the
holder of the certificates of registration has violated Section 
59-23-5
.
(8) (a) The director shall appoint a qualified person as a hearing officer to perform the
adjudicative functions provided in this section.
(b) The director may not appoint a division employee who investigates or enforces
wildlife violations.
(9) (a) The courts may suspend, in criminal sentencing, a person's privilege to apply
for, purchase, or exercise the benefits conferred by a license, permit, or certificate of
registration.
(b) The courts shall promptly notify the division of any suspension orders or
recommendations entered.
(c) The division, upon receiving notification of suspension from the courts, shall
prohibit the person from applying for, purchasing, or exercising the benefits conferred by a
license, permit, or certification of registration for the duration and of the type specified in the
court order.
(d) The hearing officer shall consider any recommendation made by a sentencing court
concerning suspension before issuing a suspension order.
(10) (a) A person may not apply for, purchase, possess, or attempt to exercise the
benefits conferred by any permit, license, or certificate of registration specified in an order of
suspension while that order is in effect.
(b) Any license possessed or obtained in violation of the order shall be considered
invalid.
(c) A person who violates Subsection (10)(a) is guilty of a class B misdemeanor.
(11) Before suspension under this section, a person shall be:
(a) given written notice of any action the division intends to take; and
(b) provided with an opportunity for a hearing.
(12) (a) A person may file an appeal of a hearing officer's decision with the Wildlife
Board.
(b) The Wildlife Board shall review the hearing officer's findings and conclusions and
any written documentation submitted at the hearing.
(c) The Wildlife Board may:
(i) take no action;
(ii) vacate or remand the decision; or
(iii) amend the period or type of suspension.
(13) The division shall suspend and reinstate all hunting, fishing, trapping, and
falconry privileges consistent with Title 23, Chapter 25, Wildlife Violator Compact.
(14) Within 30 days after the day on which an individual's privilege to hunt or fish is
suspended under this title, the division shall report to the Division of Professional Licensing
the:
(a) identifying information for the individual; and
(b) time period of the suspension.
[
(14)
] 
(15)
 The Wildlife Board may make rules to implement this section in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Section 3. Section 
23-19-17
 is amended to read:
23-19-17.
Resident fishing and hunting license -- Use of fee.
(1) A resident, after paying the fee established by the Wildlife Board, may obtain, as
provided by the Wildlife Board's rules, a combination license to:
(a) fish;
(b) hunt for small game; [
and
]
(c) hunt or trap cougar during a period beginning on January 1 and ending on
December 31; and
[
(c)
] 
(d)
 apply for or obtain a big game, [
cougar,
] bear, or turkey hunting permit.
(2) Up to $1 of the combination license fee may be used for the hunter education
program for any of the following:
(a) instructor and student training;
(b) assisting local organizations with development;
(c) maintenance of existing facilities; or
(d) operation and maintenance of the hunter education program.
(3) (a) Up to 50 cents of the combination license fee may be used for the upland game
program to:
(i) acquire pen-raised birds; or
(ii) capture and transplant upland game species.
(b) The combination license fee revenue designated for the upland game program by
Subsection (3)(a) is in addition to any combination license fee revenue that may be used for the
upland game program as provided by Sections 
23-19-43
 and 
23-19-47
.
Section 4. Section 
23-19-22.5
 is amended to read:
23-19-22.5.
Bear hunting permit.
(1) A person 12 years of age or older, upon paying the [
cougar or
] bear hunting permit
fee established by the Wildlife Board and possessing a valid hunting or combination license,
may apply for or obtain a permit to take [
cougar or
] bear as provided by rules and
proclamations of the Wildlife Board.
(2) A person 11 years of age may apply for or obtain a [
cougar or
] bear hunting permit
consistent with the requirements of Subsection (1) if that person's 12th birthday falls within the
calendar year in which the permit is issued.
(3) One dollar of each [
cougar or
] bear permit fee collected from a resident shall be
used for the hunter education program.
Section 5. Section 
23-19-24
 is amended to read:
23-19-24.
Resident hunting license -- Use of fee.
(1) A resident, after paying the fee established by the Wildlife Board, may obtain a
hunting license.
(2) A hunting license authorizes the licensee to, according to this title and the Wildlife
Board's rules and proclamations:
(a) take small game; [
and
]
(b) hunt or trap cougar during a period beginning on January 1 and ending on
December 31; and
[
(b)
] 
(c)
 apply for or obtain a big game, [
cougar,
] bear, or turkey hunting permit.
(3) Up to $1 of the hunting license fee may be used for the hunter education program.
(4) (a) Up to 50 cents of the hunting license fee may be used for the upland game
program to:
(i) acquire pen-raised birds; or
(ii) capture and transplant upland game species.
(b) The hunting license fee revenue designated for the upland game program by
Subsection (4)(a) is in addition to any hunting license fee revenue that may be used for the
upland game program as provided by Sections 
23-19-43
 and 
23-19-47
.
Section 6. Section 
23-19-26
 is amended to read:
23-19-26.
Nonresident hunting license -- Use of fee.
(1) A nonresident, after paying the fee established by the Wildlife Board, may obtain a
hunting license.
(2) A hunting license authorizes the licensee to, according to this title and the Wildlife
Board's rules and proclamations:
(a) take small game; [
and
]
(b) hunt or trap cougar during a period beginning on January 1 and ending on
December 31; and
[
(b)
] 
(c)
 apply for or obtain a big game, [
cougar,
] bear, or turkey hunting permit.
(3) (a) Up to 50 cents of the hunting license fee may be used for the upland game
program to:
(i) acquire pen-raised birds; or
(ii) capture and transplant upland game species.
(b) The hunting license fee revenue designated for the upland game program by
Subsection (3)(a) is in addition to any hunting license fee revenue that may be used for the
upland game program as provided by Sections 
23-19-43
 and 
23-19-47
.
Section 7. Section 
23-19-47
 is amended to read:
23-19-47.
Portion of revenue from license, permit, stamp, certificate of
registration, and Wildlife Heritage certificate fees deposited in Wildlife Habitat Account.
(1) Fifty cents of the fee charged for any of the following licenses or stamps shall be
deposited in the Wildlife Habitat Account created in Section 
23-19-43
:
(a) a one-day fishing license; or
(b) a one-day fishing stamp.
(2) Three dollars and fifty cents of the fee charged for any of the following licenses or
permits shall be deposited in the Wildlife Habitat Account created in Section 
23-19-43
:
(a) a fishing license, except any one-day fishing license;
(b) a hunting license;
(c) a combination license;
(d) a furbearer license; or
(e) a fishing permit, except any fish stamp.
(3) Four dollars and seventy-five cents of the fee charged for any of the following
certificates of registration, permits, or Wildlife Heritage certificates shall be deposited in the
Wildlife Habitat Account created in Section 
23-19-43
:
(a) a certificate of registration for the dedicated hunter program, except a certificate of
registration issued to a lifetime licensee;
(b) a big game permit;
(c) a bear permit;
[
(d) a cougar permit;
]
[
(e)
] 
(d)
 a turkey permit;
[
(f)
] 
(e)
 a muskrat permit; or
[
(g)
] 
(f)
 a Wildlife Heritage certificate.
Section 8. Section 
23-19-49
 is amended to read:
23-19-49.
Air rifle hunting.
(1) As used in this section:
(a) "Division" means the Division of Wildlife Resources.
(b) "Pre-charged pneumatic air rifle" means a rifle that fires a single projectile with
compressed air released from a chamber:
(i) built into the rifle; and
(ii) pressurized at a minimum of 2,000 pounds per square inch from an external high
compression device or source, such as a hand pump, compressor, or scuba tank.
(2) [
(a)
] An individual [
shall obtain a permit issued under this section before using
]
may use
 a pre-charged pneumatic air rifle to hunt
:
(a)
 a species of 
protected
 wildlife designated by the Wildlife Board
;
(b) a cottontail rabbit;
(c) a snowshoe hare; or
(d) a turkey, with a fall turkey permit
.
[
(b) The Wildlife Board shall by rule, made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, designate which species of wildlife may be hunted with
the use of a pre-charged pneumatic air rifle.
]
(3) The division shall review [
the funding available for the regulation of
] 
available
funding to pay the costs of regulating
 hunting with pre-charged pneumatic air rifles
, including
eligibility for federal excise taxes,
 and report the division's findings to the Natural Resources,
Agriculture, and Environment Interim Committee by no later than the November 2024 interim
committee meeting.
Section 9. Section 
23-21-8
 is enacted to read:
 23-21-8.
 Wildlife Land and Water Acquisition Program.
(1) As used in this section, "program" means the Wildlife Land and Water Acquisition
Program created in Subsection (2).
(2) There is created a program known as the "Wildlife Land and Water Acquisition
Program" under which the division may lease or acquire land or water assets that achieve one
or more of the following:
(a) protect and enhance wildlife populations;
(b) provide the public the opportunity to hunt, trap, or fish; and
(c) conserve, protect, and enhance wildlife habitat.
(3) In making a decision as to whether to lease or acquire land or water assets, the
division shall:
(a) consult the relevant state or county resource management plan;
(b) prioritize leases or acquisitions that involve land that:
(i) is adjacent to land already owned by the division; or
(ii) provides access to other public land;
(c) develop a management plan for the land or water asset in a manner consistent with
Section 
23-21-2.1
; and
(d) facilitate grazing as a management tool if consistent with the management plan
described in Subsection (3)(c).
(4) The division shall annually report to the Natural Resources, Agriculture, and
Environmental Quality Appropriations Subcommittee regarding how the division expends
money in the program.
Section 10. Section 
23-23-2
 is amended to read:
23-23-2.
Definitions.
As used in this chapter:
(1) "Cooperative wildlife management unit" or "unit" means a generally contiguous
area of land open for hunting small game, waterfowl, [
cougar,
] turkey, or big game which is
registered in accordance with this chapter and rules of the Wildlife Board.
(2) (a) "Cooperative wildlife management unit agent" means a person appointed by a
landowner, landowner association, or landowner association operator to perform the functions
described in Section 
23-23-9
.
(b) For purposes of this chapter, a cooperative wildlife management unit agent may
not:
(i) be appointed by the division or the state;
(ii) be an employee or agent of the division;
(iii) receive compensation from the division or the state to act as a cooperative wildlife
management unit agent; or
(iv) act as a peace officer or perform any duties of a peace officer without qualifying as
a peace officer under Title 53, Chapter 13, Peace Officer Classifications.
(3) "Cooperative wildlife management unit authorization" means a card, label, ticket,
or other identifying document authorizing the possessor to hunt small game or waterfowl in a
cooperative wildlife management unit.
(4) "Cooperative wildlife management unit permit" means a permit authorizing the
possessor to hunt [
cougar,
] turkey[
,
] or big game in a cooperative wildlife management unit.
(5) "Division" means the Division of Wildlife Resources.
(6) "Landowner association" means a landowner or an organization of owners of
private lands who operates a cooperative wildlife management unit.
(7) (a) "Landowner association operator" means a person designated by a landowner
association to operate the cooperative wildlife management unit.
(b) For purposes of this chapter, a landowner association operator may not:
(i) be appointed by the division; or
(ii) be an employee or agent of the division.
Section 11. Section 
23-23-3
 is amended to read:
23-23-3.
Rulemaking authority of Wildlife Board.
The Wildlife Board is authorized to make and enforce rules applicable to cooperative
wildlife management units organized for the hunting of small game, waterfowl, [
cougar,
]
turkey, or big game that in its judgment are necessary to administer and enforce the provisions
of this chapter.
Section 12. Section 
23-23-6
 is amended to read:
23-23-6.
Season dates -- Boundaries -- Review by councils and board.
(1) The Wildlife Board shall establish season dates and boundaries for each
cooperative wildlife management unit 
except as provided in Subsection (2)
.
(2) (a) A season date for a cooperative wildlife management unit that provides one
buck deer permit or more per every 640 acres shall begin on September 1 and end on October
31.
(b) A cooperative wildlife management unit that provides less than one buck deer
permit per every 640 acres may select the following season date options:
(i) beginning on September 1 and ending on October 31; or
(ii) beginning on September 11 and ending on November 10.
(c) In accordance with Subsection 
23-14-18
(3), if the season dates specified in this
Subsection (2) start on a Sunday, the season date shall begin on the Saturday before.
[
(2)
] 
(3)
 Season dates may differ from general statewide season dates.
[
(3)
] 
(4)
 At least every five years, cooperative wildlife management units containing
public land will be reviewed by the regional advisory councils and the Wildlife Board.
Section 13. Section 
23-23-7
 is amended to read:
23-23-7.
Permits -- Acreage and lands that may be included -- Posting of
boundaries.
(1) The division shall provide cooperative wildlife management unit authorizations for
hunting small game or waterfowl to the cooperative wildlife management unit, free of charge.
(2) At least 50% of the cooperative wildlife management unit authorizations for
hunting small game or waterfowl provided to a cooperative wildlife management unit shall be
offered for sale to the general public at the times and places designated on the application for a
certificate of registration.
(3) (a) Cooperative wildlife management units organized for hunting small game or
waterfowl shall consist of private land.
(b) At least 75% of the acreage within the boundaries of each cooperative wildlife
management unit organized for the hunting of small game or waterfowl shall be open to
hunting by holders of valid authorizations.
(4) (a) The Wildlife Board may establish the maximum number of permits that may be
issued per acre, except as provided in Subsection (4)(b).
(b) A cooperative wildlife management unit shall issue one buck deer permit or less
per every 320 acres to be eligible to receive buck deer permits.
[
(4)
] 
(5)
 (a) The division may issue cooperative wildlife management unit permits for
hunting [
cougar,
] turkey[
,
] or big game to permittees:
(i) qualifying through a public drawing; or
(ii) named by the cooperative wildlife management unit operator.
(b) The Wildlife Board may specify by rule those persons who are eligible to draw a
cooperative wildlife management unit permit in a public drawing.
[
(5)
] 
(6)
 (a) Cooperative wildlife management units organized for hunting [
cougar,
]
turkey[
,
] or big game shall consist of private land to the extent practicable. Public land may be
included within a cooperative wildlife management unit if:
(i) the public land is completely surrounded by private land or is otherwise inaccessible
to the general public;
(ii) including public land is necessary to establish a readily identifiable boundary; or
(iii) including public land is necessary to achieve [
cougar,
] turkey[
,
] or big game
management objectives.
(b) If any public land is included within a cooperative wildlife management unit:
(i) the landowner association shall meet applicable federal or state land use
requirements on the public land; and
(ii) the Wildlife Board shall increase the number of permits or hunting opportunities
made available to the general public to reflect the proportion of public lands to private lands
within the cooperative wildlife management unit.
[
(6)
] 
(7)
 Each landowner association shall:
(a) clearly post all boundaries of the unit by displaying signs containing information
prescribed by rule of the Wildlife Board at the locations specified in Subsection
23-20-14
(1)(d); and
(b) provide a written copy of its guidelines to each holder of an authorization or permit.
Section 14. Section 
23-23-10
 is amended to read:
23-23-10.
Possession of permits and licenses by hunter -- Restrictions.
(1) A person may not hunt in a cooperative wildlife management unit without having in
his or her possession:
(a) a valid cooperative wildlife management unit authorization or permit or other
permit as authorized by the wildlife board; and
(b) the necessary hunting licenses, tags, and stamps.
(2) A cooperative wildlife management unit authorization or permit:
(a) entitles the holder to hunt only in the unit specified on the authorization or permit
pursuant to rules and proclamations of the Wildlife Board and does not entitle the holder to
hunt on any other private or public land; and
(b) constitutes written permission for trespass as required under Section 
23-20-14
.
(3) A cooperative wildlife management unit may address the number of individuals a
cooperative wildlife management unit permit holder may select as companions, except that a
cooperative wildlife management unit shall allow, at a minimum, one companion to
accompany free of charge the cooperative wildlife management unit permit holder.
Section 15. Section 
58-79-103
 is enacted to read:
 58-79-103.
Hunting guide and outfitter rules.
Before enacting, amending, repealing, or otherwise modifying a rule made under this
chapter, in addition to complying with Section 
58-1-106
 and Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, the division shall consult with the Division of Wildlife
Resources.
Section 16. Section 
58-79-401
 is amended to read:
58-79-401.
Grounds for denial of registration -- Disciplinary proceedings.
(1)
 Grounds for refusing to issue a registration to an applicant, for refusing to renew
the registration of a registrant, for revoking, suspending, restricting, or placing on probation the
registration of a registrant, for issuing a public or private reprimand to a registrant, and for
issuing a cease and desist order under this chapter shall be in accordance with the provisions
applicable to a licensee under Section 
58-1-401
.
(2) (a) The division shall refuse to issue a registration to an applicant and shall refuse
to renew or shall revoke the registration of a registrant during the time period the Division of
Wildlife Resources suspends the applicant's or registrant's privilege to hunt or fish under Title
23, Wildlife Resources Code of Utah.
(b) If the Division of Wildlife Resources suspends the privilege to hunt or fish under
Title 23, Wildlife Resources Code of Utah, of the chief executive officer of an entity under
which an applicant or registrant provides hunting guide services or outfitting services, during
the time period that the chief executive officer's privilege to hunt or fish is suspended, the
division shall refuse to issue a registration to the applicant and shall refuse to renew or shall
revoke the registration of the registrant.
(c) If the Division of Wildlife Resources suspends the privilege to hunt or fish under
Title 23, Wildlife Resources Code of Utah, of a registrant under which an applicant or
registrant provides hunting guide services or outfitting services, during the time period that the
registrant's privilege to hunt or fish is suspended, the division shall refuse to issue a registration
to the applicant and shall refuse to renew or shall revoke the registration of the registrant.
Section 17. Section 
63J-1-602.2
 is amended to read:
63J-1-602.2.
List of nonlapsing appropriations to programs.
Appropriations made to the following programs are nonlapsing:
(1) The Legislature and the Legislature's committees.
(2) The State Board of Education, including all appropriations to agencies, line items,
and programs under the jurisdiction of the State Board of Education, in accordance with
Section 
53F-9-103
.
(3) The Percent-for-Art Program created in Section 
9-6-404
.
(4) The LeRay McAllister Critical Land Conservation Program created in Section
4-46-301
.
(5) The Utah Lake Authority created in Section 
11-65-201
.
(6) Dedicated credits accrued to the Utah Marriage Commission as provided under
Subsection 
17-16-21
(2)(d)(ii).
(7) The Division of Wildlife Resources for the appraisal and purchase of lands under
the Pelican Management Act, as provided in Section 
23-21a-6
.
(8) The Wildlife Land and Water Acquisition Program created in Section 
23-21-8
.
[
(8)
] 
(9)
 The Emergency Medical Services Grant Program in Section 
26-8a-207
.
[
(9)
] 
(10)
 The primary care grant program created in Section 
26-10b-102
.
[
(10)
] 
(11)
 Sanctions collected as dedicated credits from Medicaid providers under
Subsection 
26-18-3
(7).
[
(11)
] 
(12)
 The Utah Health Care Workforce Financial Assistance Program created in
Section 
26-46-102
.
[
(12)
] 
(13)
 The Rural Physician Loan Repayment Program created in Section
26-46a-103
.
[
(13)
] 
(14)
 The Opiate Overdose Outreach Pilot Program created in Section 
26-55-107
.
[
(14)
] 
(15)
 The Utah Medical Education Council for the:
(a) administration of the Utah Medical Education Program created in Section
26-69-403
;
(b) provision of medical residency grants described in Section 
26-69-407
; and
(c) provision of the forensic psychiatric fellowship grant described in Section
26-69-408
.
[
(15)
] 
(16)
 Funds that the Department of Alcoholic Beverage Services retains in
accordance with Subsection 
32B-2-301
(8)(a) or (b).
[
(16)
] 
(17)
 The General Assistance program administered by the Department of
Workforce Services, as provided in Section 
35A-3-401
.
[
(17)
] 
(18)
 The Utah National Guard, created in Title 39, Militia and Armories.
[
(18)
] 
(19)
 The State Tax Commission under Section 
41-1a-1201
 for the:
(a) purchase and distribution of license plates and decals; and
(b) administration and enforcement of motor vehicle registration requirements.
[
(19)
] 
(20)
 The Search and Rescue Financial Assistance Program, as provided in
Section 
53-2a-1102
.
[
(20)
] 
(21)
 The Motorcycle Rider Education Program, as provided in Section 
53-3-905
.
[
(21)
] 
(22)
 The Utah Board of Higher Education for teacher preparation programs, as
provided in Section 
53B-6-104
.
[
(22)
] 
(23)
 Innovation grants under Section 
53G-10-608
, except as provided in
Subsection 
53G-10-608
(6).
[
(23)
] 
(24)
 The Division of Services for People with Disabilities, as provided in
Section 
62A-5-102
.
[
(24)
] 
(25)
 The Division of Fleet Operations for the purpose of upgrading underground
storage tanks under Section 
63A-9-401
.
[
(25)
] 
(26)
 The Utah Seismic Safety Commission, as provided in Section 
63C-6-104
.
[
(26)
] 
(27)
 The Division of Technology Services for technology innovation as provided
under Section 
63A-16-903
.
[
(27)
] 
(28)
 The Office of Administrative Rules for publishing, as provided in Section
63G-3-402
.
[
(28)
] 
(29)
 The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
Colorado River Authority of Utah Act.
[
(29)
] 
(30)
 The Governor's Office of Economic Opportunity to fund the Enterprise
Zone Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
[
(30)
] 
(31)
 The Governor's Office of Economic Opportunity's Rural Employment
Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment
Expansion Program.
[
(31)
] 
(32)
 Programs for the Jordan River Recreation Area as described in Section
65A-2-8
.
[
(32)
] 
(33)
 The Division of Human Resource Management user training program, as
provided in Section 
63A-17-106
.
[
(33)
] 
(34)
 A public safety answering point's emergency telecommunications service
fund, as provided in Section 
69-2-301
.
[
(34)
] 
(35)
 The Traffic Noise Abatement Program created in Section 
72-6-112
.
[
(35)
] 
(36)
 The money appropriated from the Navajo Water Rights Negotiation
Account to the Division of Water Rights, created in Section 
73-2-1.1
, for purposes of
participating in a settlement of federal reserved water right claims.
[
(36)
] 
(37)
 The Judicial Council for compensation for special prosecutors, as provided
in Section 
77-10a-19
.
[
(37)
] 
(38)
 A state rehabilitative employment program, as provided in Section
78A-6-210
.
[
(38)
] 
(39)
 The Utah Geological Survey, as provided in Section 
79-3-401
.
[
(39)
] 
(40)
 The Bonneville Shoreline Trail Program created under Section 
79-5-503
.
[
(40)
] 
(41)
 Adoption document access as provided in Sections 
78B-6-141
, 
78B-6-144
,
and 
78B-6-144.5
.
[
(41)
] 
(42)
 Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
Defense Commission.
[
(42)
] 
(43)
 The program established by the Division of Facilities Construction and
Management under Section 
63A-5b-703
 under which state agencies receive an appropriation
and pay lease payments for the use and occupancy of buildings owned by the Division of
Facilities Construction and Management.
[
(43)
] 
(44)
 The State Tax Commission for reimbursing counties for deferred property
taxes in accordance with Section 
59-2-1802
.
Section 18. 
Division of Wildlife Resources fees.
The Legislature intends that the Department of Natural Resources, Division of Wildlife
Resources is authorized to charge the following two fees in the amounts shown:
(1) instead of a variable fee for resident or nonresident dedicated hunter hourly labor
buyout, a fee of $40 per hour; and
(2) a nonresident draw application fee of $16.
Section 19. 
Appropriation.
 The following sums of money are appropriated for the fiscal year beginning July 1,
2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To Department of Natural Resources -- Wildlife Land and Water Acquisition Program
From General Fund
1,000,000
Schedule of Programs:
Wildlife Land and Water Acquisition Program 1,000,000
The Legislature intends that the ongoing appropriation to the Wildlife Land and Water
Acquisition Program, created in this bill, be nonlapsing and that it be expended only for the
purposes of the Wildlife Land and Water Acquisition Program.
Section 20. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on May 3, 2023.
(2) The actions affecting the following sections take effect on August 1, 2024:
(a) Section 
23-23-6
;
(b) Section 
23-23-7
; and
(c) Section 
23-23-10
.