Utah State Legislature

            (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 license to any person until that person furnishes proof of having passed a division-approved hunter education course as provided in Section 23-19-11 or furnishes proof of having passed a division-approved fur harvester 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.

Amended by Chapter 68, 2005 General Session