Bill Summary – FastDemocracy

Enrolled Copy                                                                        H.B. 469
                           WILDLIFE RELATED AMENDMENTS
                                      2023 GENERAL SESSION
                                           STATE OF UTAH
                                  Chief Sponsor: Casey Snider
                                Senate Sponsor: Scott D. Sandall
 6
 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:
            C   from the General Fund, $1,000,000.
 Other Special Clauses:
       H.B. 469                                                                    Enrolled Copy
        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
54
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 23-13-18 is amended to read:
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       Enrolled Copy                                                                              H.B. 469
           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
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        H.B. 469                                                                         Enrolled Copy
 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.
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        Enrolled Copy                                                                          H.B. 469
        (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
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        H.B. 469                                                                         Enrolled Copy
 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;
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        Enrolled Copy                                                                             H.B. 469
         (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
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        H.B. 469                                                                          Enrolled Copy
 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:
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        Enrolled Copy                                                                          H.B. 469
        (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