reglab/statecodes huggingface dataset:
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 3 - Uniform Fiduciary Income and Principal Act › Part 5 - Allocation of Disbursements › Section 507 - Adjustment between income and principal because of taxes.

Effective 7/1/2020
22-3-507.
Adjustment between income and principal because of taxes.
(1) A fiduciary may make an adjustment between income and principal to offset the shifting of economic interests or tax benefits between current income beneficiaries and successor beneficiaries that arises from:
(a) an election or decision the fiduciary makes regarding a tax matter, other than a decision to claim an income tax deduction to which Subsection (2) applies;
(b) an income tax or other tax imposed on the fiduciary or a beneficiary as a result of a transaction involving the fiduciary or a distribution by the fiduciary; or
(c) ownership by the fiduciary of an interest in an entity, a part of whose taxable income, regardless of whether the taxable income is distributed, is includable in the taxable income of the fiduciary or a beneficiary.
(2)
(a) If the amount of an estate tax marital or charitable deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting the amount for estate tax purposes and, as a result, estate taxes paid from principal are increased and income taxes paid by the fiduciary or a beneficiary are decreased, the fiduciary shall charge each beneficiary that benefits from the decrease in income tax to reimburse the principal from which the increase in estate tax is paid.
(b) The total reimbursement must equal the increase in the estate tax, to the extent that the principal used to pay the increase would have qualified for a marital or charitable deduction but for the payment.
(c) The share of the reimbursement for each fiduciary or beneficiary whose income taxes are reduced shall be the same as the fiduciary's or beneficiary's share of the total decrease in income tax.
(3) A fiduciary that charges a beneficiary under Subsection (2) may offset the charge by obtaining payment from the beneficiary, withholding an amount from future distributions to the beneficiary, or adopting another method or combination of methods.
Amended by Chapter 348, 2020 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 3 - Uniform Fiduciary Income and Principal Act › Part 6 - Death of Individual or Termination of Income Interest › Section 602 - Distribution to successor beneficiary.

Effective 7/1/2020
22-3-602.
Distribution to successor beneficiary.
(1)
(a) Except to the extent Part 3, Unitrust, applies for a beneficiary that is a trust, each beneficiary described in Subsection 22-3-601(6) is entitled to receive a share of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values of the undistributed principal assets as of the distribution date.
(b) If a fiduciary makes more than one distribution of assets to beneficiaries to which this section applies, each beneficiary, including a beneficiary that does not receive part of the distribution, is entitled, as of each distribution date, to a share of the net income the fiduciary received after the decedent's death, an income interest's other terminating event, or the preceding distribution by the fiduciary.
(2) In determining a beneficiary's share of net income under Subsection (1):
(a) the beneficiary is entitled to receive a share of the net income equal to the beneficiary's fractional interest in the undistributed principal assets immediately before the distribution date;
(b) the beneficiary's fractional interest under Subsection (2)(a) shall be calculated:
(i) on the aggregate value of the assets as of the distribution date without reducing the value by any unpaid principal obligation; and
(ii) without regard to:
(A) property specifically given to a beneficiary under the decedent's will or the terms of the trust; and
(B) property required to pay pecuniary amounts not in trust; and
(c) the distribution date under Subsection (2)(a) may be the date on which the fiduciary calculates the value of the assets if that date is reasonably near the date on which the assets are distributed.
(3) To the extent that a fiduciary does not distribute under this section all the collected but undistributed net income to each beneficiary on or before a distribution date, the fiduciary shall maintain records showing the interest of each beneficiary in the net income.
(4) If this section applies to income from an asset, a fiduciary may apply Subsection (2) to net gain or loss realized from the disposition of the asset after the decedent's death, an income interest's terminating event, or the preceding distribution by the fiduciary.
Amended by Chapter 348, 2020 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 3 - Uniform Fiduciary Income and Principal Act › Part 7 - Apportionment at Beginning and End of Income Interest › Section 701 - When right to income begins and ends.

Effective 7/1/2020
22-3-701.
When right to income begins and ends.
(1)
(a) An income beneficiary is entitled to net income in accordance with the terms of the trust from the date on which an income interest begins.
(b) The income interest begins on the date that is specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to:
(i) the trust for the current income beneficiary; or
(ii) a successive interest for a successor beneficiary.
(2) An asset becomes subject to a trust under Subsection (1)(b)(i):
(a) for an asset that is transferred to the trust during the settlor's life, on the date the asset is transferred;
(b) for an asset that becomes subject to the trust because of a decedent's death, on the date of the decedent's death, even if there is an intervening period of administration of the decedent's estate; or
(c) for an asset that is transferred to a fiduciary by a third party because of a decedent's death, on the date of the decedent's death.
(3) An asset becomes subject to a successive interest under Subsection (1)(b)(ii) on the day after the preceding income interest ends, as determined under Subsection (4), even if there is an intervening period of administration to wind up the preceding income interest.
(4) An income interest ends on the day before an income beneficiary dies or another terminating event occurs or on the last day of a period during which there is no beneficiary to which a fiduciary is permitted or required to distribute income.
Amended by Chapter 348, 2020 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 3 - Uniform Fiduciary Income and Principal Act › Part 7 - Apportionment at Beginning and End of Income Interest › Section 702 - Apportionment of receipts and disbursements when decedent dies or income interest begins.

Effective 7/1/2020
22-3-702.
Apportionment of receipts and disbursements when decedent dies or income interest begins.
(1) A fiduciary shall allocate an income receipt or disbursement, other than a receipt to which Subsection 22-3-601(2) applies, to principal if the due date of the income receipt or disbursement occurs before the date on which:
(a) for an estate, the decedent died; or
(b) for a trust or successive interest, an income interest begins.
(2) If the due date of a periodic income receipt or disbursement occurs on or after the date on which a decedent died or an income interest begins, a fiduciary shall allocate the receipt or disbursement to income.
(3) If an income receipt or disbursement is not periodic or has no due date, a fiduciary shall:
(a) treat the receipt or disbursement under this section as accruing from day to day; and
(b) allocate:
(i) to principal, the portion of the receipt or disbursement accruing before the date on which a decedent died or an income interest begins; and
(ii) to income, the balance.
(4) A receipt or disbursement is periodic under Subsections (2) and (3) if:
(a) the receipt or disbursement shall be paid at regular intervals under an obligation to make payments; or
(b) the payor customarily makes payments at regular intervals.
(5)
(a) An item of income or obligation is due under this section on the date on which the payor is required to make a payment.
(b) If a payment date is not stated, there is no due date.
(6) Distributions to shareholders or other owners from an entity to which Section 22-3-401 applies are due:
(a) on the date fixed by or on behalf of the entity for determining the persons entitled to receive the distribution;
(b) if no date is fixed, on the date of the decision by or on behalf of the entity to make the distribution; or
(c) if no date is fixed and the fiduciary does not know the date of the decision by or on behalf of the entity to make the distribution, on the date the fiduciary learns of the decision.
Amended by Chapter 348, 2020 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 3 - Uniform Fiduciary Income and Principal Act › Part 7 - Apportionment at Beginning and End of Income Interest › Section 703 - Apportionment when income interest ends.

Effective 7/1/2020
22-3-703.
Apportionment when income interest ends.
(1) In this section:
(a) "Undistributed income" means net income received on or before the date on which an income interest ends.
(b) "Undistributed income" does not include an item of income or expense that is due or accrued or net income that has been added or is required to be added, to principal under the terms of the trust.
(2) Except as otherwise provided in Subsection (3), when a mandatory income interest of a beneficiary ends, the fiduciary shall pay the beneficiary's share of the undistributed income that is not disposed of under the terms of the trust to the beneficiary or, if the beneficiary does not survive the date that the interest ends, to the beneficiary's estate.
(3) If a beneficiary has an unqualified power to withdraw more than 5% of the value of a trust immediately before an income interest ends:
(a) the fiduciary shall allocate to principal the undistributed income from the portion of the trust that may be withdrawn; and
(b) Subsection (2) applies only to the balance of the undistributed income.
(4) When a fiduciary's obligation to pay a fixed annuity or a fixed fraction of the value of assets ends, the fiduciary shall prorate the final payment as required to preserve an income tax, gift tax, estate tax, or other tax benefit.
Amended by Chapter 348, 2020 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 3 - Uniform Fiduciary Income and Principal Act › Part 8 - Miscellaneous Provisions › Section 801 - Uniformity of application and construction.

Effective 7/1/2020
22-3-801.
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to the uniform act's subject matter among states that enact it.
Amended by Chapter 348, 2020 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 3 - Uniform Fiduciary Income and Principal Act › Part 8 - Miscellaneous Provisions › Section 802 - Relation to Electronic Signatures in Global and National Commerce Act.

Effective 7/1/2020
22-3-802.
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
Enacted by Chapter 495, 2019 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 3 - Uniform Fiduciary Income and Principal Act › Part 8 - Miscellaneous Provisions › Section 803 - Application to trust or estate.

Effective 7/1/2020
22-3-803.
Application to trust or estate.
This chapter applies to a trust or estate existing or created on or after July 1, 2020, except as otherwise expressly provided in the terms of the trust or this chapter.
Amended by Chapter 348, 2020 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 3 - Uniform Fiduciary Income and Principal Act › Part 8 - Miscellaneous Provisions › Section 804 - Severability.

Effective 7/1/2020
22-3-804.
Severability.
If any provision of this chapter or the application of this chapter to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Amended by Chapter 348, 2020 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 5 - Uniform Act for Simplification of Fiduciary Security Transfers › Section 2 - Definitions.

22-5-2.
Definitions.
In this chapter, unless the context otherwise requires:
(1) "Assignment" includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer.
(2) "Claim of beneficial interest" includes a claim of any interest by a decedent's legatee, distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person in his behalf, and includes a claim that the transfer would be in breach of fiduciary duties.
(3) "Corporation" means a private or public corporation, association or trust issuing a security.
(4) "Fiduciary" means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee.
(5) "Person" includes an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(6) "Security" includes any share of stock, bond, debenture, note or other security issued by a corporation which is registered as to ownership on the books of the corporation.
(7) "Transfer" means a change on the books of a corporation in the registered ownership of a security.
(8) "Transfer agent" means a person employed or authorized by a corporation to transfer securities issued by the corporation.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 5 - Uniform Act for Simplification of Fiduciary Security Transfers › Section 3 - Registration of security in the name of a fiduciary.

22-5-3.
Registration of security in the name of a fiduciary.
A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent, or correct description of the fiduciary relationship, and thereafter the corporation and its transfer agent may assume without inquiry that the newly registered owner continues to be the fiduciary until the corporation or transfer agent receives written notice that the fiduciary is no longer acting as such with respect to the particular security.
Enacted by Chapter 46, 1961 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 5 - Uniform Act for Simplification of Fiduciary Security Transfers › Section 4 - Assignment of security by a fiduciary.

22-5-4.
Assignment of security by a fiduciary.
Except as otherwise provided in this chapter, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary:
(1) may assume without inquiry that the assignment, even though to the fiduciary himself or to his nominee, is within his authority and capacity and is not in breach of his fiduciary duties;
(2) may assume without inquiry that the fiduciary has complied with any controlling instrument and with the law of the jurisdiction governing the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer; and
(3) is not charged with notice of and is not bound to obtain or examine any court record or any recorded or unrecorded document relating to the fiduciary relationship or the assignment, even though the record or document is in its possession.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 5 - Uniform Act for Simplification of Fiduciary Security Transfers › Section 5 - Assignment of security by a fiduciary -- Evidence of appointment or incumbency.

22-5-5.
Assignment of security by a fiduciary -- Evidence of appointment or incumbency.
A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall obtain the following evidence of appointment or incumbency:
(1) in the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of that court or an officer thereof and dated within 60 days before the transfer; or
(2) in any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by the corporation or transfer agent to be responsible or, in the absence of such a document or certificate, other evidence reasonably deemed by the corporation or transfer agent to be appropriate. Corporations and transfer agents may adopt standards with respect to evidence of appointment or incumbency under this subsection provided such standards are not manifestly unreasonable. Neither the corporation nor transfer agent is charged with notice of the contents of any document obtained pursuant to this subsection except to the extent that the contents relate directly to the appointment or incumbency.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 5 - Uniform Act for Simplification of Fiduciary Security Transfers › Section 6 - Adverse claims to transfer of security by a fiduciary -- Notice.

22-5-6.
Adverse claims to transfer of security by a fiduciary -- Notice.
(1) A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may give the corporation or transfer agent written notice of the claim. The corporation or transfer agent is not put on notice unless the written notice identifies the claimant, the registered owner and the issue of which the security is a part, provides an address for communications directed to the claimant and is received before the transfer. Nothing in this act relieves the corporation or transfer agent of any liability for making or refusing to make the transfer after it is so put on notice, unless it proceeds in the manner authorized in Subsection (2).
(2) As soon as practicable after the presentation of a security for transfer pursuant to an assignment by a fiduciary, a corporation or transfer agent which has received notice of a claim of beneficial interest adverse to the transfer may send notice of the presentation by registered or certified mail to the claimant at the address given by him. If the corporation or transfer agent so mails such a notice it shall withhold the transfer for 30 days after the mailing and shall then make the transfer unless restrained by a court order.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 5 - Uniform Act for Simplification of Fiduciary Security Transfers › Section 7 - Nonliability of corporation or transfer agent.

22-5-7.
Nonliability of corporation or transfer agent.
A corporation or transfer agent incurs no liability to any person by making a transfer or otherwise acting in a manner authorized by this act.
Enacted by Chapter 46, 1961 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 5 - Uniform Act for Simplification of Fiduciary Security Transfers › Section 8 - Nonliability of third persons.

22-5-8.
Nonliability of third persons.
(1) No person who participates in the acquisition, disposition, assignment or transfer of a security by or to a fiduciary including a person who guarantees the signature of the fiduciary is liable for participation in any breach of fiduciary duty by reason of failure to inquire whether the transaction involves such a breach unless it is shown that he acted with actual knowledge that the proceeds of the transaction were being or were to be used wrongfully for the individual benefit of the fiduciary or that the transaction was otherwise in breach of duty.
(2) If a corporation or transfer agent makes a transfer pursuant to an assignment by a fiduciary, a person who guaranteed the signature of the fiduciary is not liable on the guarantee to any person to whom the corporation or transfer agent by reason of this act incurs no liability.
(3) This section does not impose any liability upon the corporation or its transfer agent.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 5 - Uniform Act for Simplification of Fiduciary Security Transfers › Section 9 - Territorial application of law to rights and duties of corporation or third persons.

22-5-9.
Territorial application of law to rights and duties of corporation or third persons.
(1) The rights and duties of a corporation and its transfer agents in registering a security in the name of a fiduciary or in making a transfer of a security pursuant to an assignment by a fiduciary are governed by the law of the jurisdiction under whose laws the corporation is organized.
(2) This chapter applies to the rights and duties of a person other than the corporation and its transfer agents with regard to acts and omissions in this state in connection with the acquisition, disposition, assignment, or transfer of a security by or to a fiduciary and of a person who guarantees in this state the signature of a fiduciary in connection with such a transaction.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 5 - Uniform Act for Simplification of Fiduciary Security Transfers › Section 10 - Tax obligations not affected by act.

22-5-10.
Tax obligations not affected by act.
This act does not affect any obligation of a corporation or transfer agent with respect to estate, inheritance, succession or other taxes imposed by the laws of this state.
Enacted by Chapter 46, 1961 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 5 - Uniform Act for Simplification of Fiduciary Security Transfers › Section 11 - Construction.

22-5-11.
Construction.
This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Enacted by Chapter 46, 1961 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 6 - Retirement Trusts › Section 1 - Retirement trusts exempted from rules against perpetuities, accumulations or suspension of power of alienation.

22-6-1.
Retirement trusts exempted from rules against perpetuities, accumulations or suspension of power of alienation.
No trust heretofore or hereafter created by an employer as part of a pension, stock bonus, disability, death benefit, profit sharing, retirement or similar plan, primarily for the benefit of some or all of such employers' employees, their families, appointees or beneficiaries, to which contributions are made by such employer or employees, or by both employer and employees, which trust is for the purpose of distributing to such employees or their families, beneficiaries, or appointees, the earnings or principal, or both, shall be deemed to be invalid by reason of any rule against perpetuities, or against accumulations, or concerning the suspension of the power of alienation of title to property, or any other law restricting or limiting the duration of trusts; and such a trust may continue in perpetuity or for such time as may be necessary to accomplish the purposes for which it was created.
Enacted by Chapter 174, 1961 General Session
2023 Utah Code › Title 22 - Fiduciaries and Trusts › Chapter 6 - Retirement Trusts › Section 2 - Income permitted to accumulate.

22-6-2.
Income permitted to accumulate.
The income arising from or earned by the property held in such trust within the classifications mentioned, may be permitted to accumulate in accordance with the terms of such trust, for so long a time as may be permitted by the instrument creating the trust, or if no time is so specified, for such time as the trustee or trustees may deem necessary to accomplish the purposes for which the trust was created.
Enacted by Chapter 174, 1961 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 1 - General Provisions › Part 1 - General Provisions › Section 102 - Wildlife declared property of the state.

Effective 7/1/2023
23A-1-102.
Wildlife declared property of the state.
(1) Wildlife existing within this state, not held by private ownership and legally acquired, is the property of the state.
(2) Fish released under private stocking become the property of the state and subject to the fishing regulations set forth in this title or a rule or proclamation of the Wildlife Board.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 1 - General Provisions › Part 1 - General Provisions › Section 103 - Domicile or residency.

Effective 7/1/2023
23A-1-103.
Domicile or residency.
(1) To create a new domicile an individual shall:
(a) abandon the old domicile; and
(b) be able to prove that a new domicile has been established.
(2) A Utah resident retains Utah residency if that person leaves this state:
(a) to serve in the armed forces of the United States or for religious or educational purposes; and
(b) the person complies with Subsection 23A-1-101(47)(b).
(3)
(a) A member of the armed forces of the United States and dependents are residents for the purposes of this title as of the date the member reports for duty under assigned orders in the state if the member:
(i) is not on temporary duty in this state; and
(ii) complies with Subsection 23A-1-101(47)(b).
(b) A member shall present a copy of the assignment orders to a division office to verify the member's qualification as a resident.
(4) A nonresident attending an institution of higher learning in this state as a full-time student may qualify as a resident for purposes of this title if the student:
(a) has been present in this state for 60 consecutive days immediately preceding the purchase of the license; and
(b) complies with Subsection 23A-1-101(47)(b).
(5) A Utah resident license is invalid if a resident license for hunting, fishing, or trapping is purchased in another state or country.
(6) An absentee landowner paying property tax on land in Utah does not qualify as a resident.
Enacted by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 1 - General Provisions › Part 2 - Miscellaneous › Section 201 - Private wildlife farms.

Effective 7/1/2023
23A-1-201.
Private wildlife farms.
(1)
(a) Subject to the requirements of this section, a person may:
(i) establish and maintain a private wildlife farm for propagating, rearing, and keeping furbearers or birds classified as protected wildlife; and
(ii) sell or dispose of wildlife reared upon the private wildlife farm, except that disposal may not include release to the wild without first securing written permission from the Wildlife Board.
(b) Before establishing a private wildlife farm, a person shall obtain written authorization from the division in accordance with rules established by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) Wildlife that escapes from a private wildlife farm becomes the property of the state.
(2) This section does not:
(a) apply to a private fur farm established and maintained for rearing domesticated, privately owned mink or chinchilla that were not acquired as wild animals from a state or country; or
(b) provide for the propagating, rearing, and keeping of a protected wildlife other than a wildlife specified in this section.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 1 - General Provisions › Part 2 - Miscellaneous › Section 202 - Agreement with a tribe.

Effective 7/1/2023
23A-1-202.
Agreement with a tribe.
(1) As used in this section, "tribe" means a federally recognized:
(a) Indian tribe; or
(b) Indian band.
(2)
(a) Subject to the requirements of this section, the governor may enter into an agreement with a tribe to settle a dispute between the state and the tribe concerning a hunting, fishing, or trapping right claim that is:
(i) based on:
(A) a treaty;
(B) an aboriginal right; or
(C) other recognized federal right; and
(ii) on lands located within the state.
(b) Except as provided in Subsection (2)(c), an agreement permitted under Subsection (2)(a) may not exempt a person from the requirements of this title.
(c) An agreement permitted under Subsection (2)(a) may exempt or partially exempt a tribe that is a party to the agreement or a member of that tribe from:
(i) Section 23A-11-201, placing a limit of one of any species of big game during a license year;
(ii) Section 23A-11-202, commencement date of the general deer season;
(iii) a hunter or furharvester education requirement under Chapter 4, Licenses, Permits, Certificates of Registration, and Tags;
(iv) an age restriction under Chapter 4, Licenses, Permits, Certificates of Registration, and Tags;
(v) paying a fee required under this title to obtain a hunting, fishing, or trapping license or permit;
(vi) obtaining a license or permit required under this title to hunt, trap, or fish; or
(vii) complying with a rule or proclamation of the Wildlife Board if the exemption is not inconsistent with this title.
(d) An agreement permitted under Subsection (2)(a) shall:
(i) be in writing;
(ii) be signed by:
(A) the governor; and
(B) the governing body of the tribe that:
(I) is designated by the tribe; and
(II) may bind the tribe to the terms of the agreement;
(iii) be conditioned on obtaining any approval required by federal law;
(iv) state the effective date of the agreement;
(v) provide that the governor shall renegotiate the agreement if the agreement is or becomes inconsistent with a state statute for which an exemption is not authorized under this section; and
(vi) include any accommodation made by the tribe that:
(A) is agreed to by the tribe;
(B) is reasonably related to the agreement; and
(C) concerns the management and use of wildlife resources or habitat.
(e) Before executing an agreement under this Subsection (2), the governor shall consult with:
(i) the division; and
(ii) the chair of the Wildlife Board.
(f) At least 30 days before the agreement under this Subsection (2) is executed, the governor or the governor's designee shall provide a copy of the agreement in the form that the agreement will be executed to:
(i) the chairs of the Native American Legislative Liaison Committee; and
(ii) the Office of Legislative Research and General Counsel.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 1 - General Provisions › Part 2 - Miscellaneous › Section 203 - Utah State Hunting and Fishing Day.

Effective 7/1/2023
23A-1-203.
Utah State Hunting and Fishing Day.
In recognition of the substantial and continued contribution by hunters and fishermen toward the sound management of wildlife in Utah, the fourth Saturday of September of each year is known as "Utah State Hunting and Fishing Day."
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 1 - General Provisions › Part 2 - Miscellaneous › Section 204 - Spotlighting of coyote, red fox, striped skunk, and raccoon -- County ordinances -- Permits.

Effective 7/1/2023
23A-1-204.
Spotlighting of coyote, red fox, striped skunk, and raccoon -- County ordinances -- Permits.
(1) For purposes of a county ordinance enacted pursuant to this section, "motor vehicle" means the same as that term is defined in Section 41-6a-102.
(2) Spotlighting may be used to hunt coyote, red fox, striped skunk, or raccoon when allowed by a county ordinance enacted pursuant to this section.
(3) The ordinance shall provide that:
(a) a hunter shall carry the artificial light used to spotlight coyote, red fox, striped skunk, or raccoon;
(b) a motor vehicle headlight or light attached to or powered by a motor vehicle may not be used to spotlight the coyote, red fox, striped skunk, or raccoon; and
(c) while hunting with the use of an artificial light, the hunter may not occupy or operate a motor vehicle.
(4) The ordinance may specify:
(a) the time of day and seasons when spotlighting is permitted;
(b) areas closed or open to spotlighting within the unincorporated area of the county;
(c) safety zones within which spotlighting is prohibited;
(d) the weapons permitted; and
(e) penalties for violation of the ordinance.
(5)
(a) A county may restrict the number of hunters engaging in spotlighting by requiring a permit to spotlight and issuing a limited number of permits.
(b)
(i) A county may charge a fee for a spotlighting permit.
(ii) A county ordinance shall establish the permit fee.
(iii) A county shall remit revenue generated by the permit fee to the division for deposit into the Wildlife Resources Account, except the Wildlife Board may allow a county that enacts an ordinance pursuant to this section to retain a reasonable amount to pay for the costs of administering and enforcing the ordinance if the use of the permit revenues does not affect federal funds received by the state under Wildlife Restoration Act, 16 U.S.C. Sec. 669 et seq., and Sport Fish Restoration Act, 16 U.S.C. Sec. 777 et seq.
(6) A county may require a hunter to notify the county sheriff of the time and place the hunter will be engaged in spotlighting.
(7) The requirement that a county enact an ordinance before a person may use spotlighting to hunt coyote, red fox, striped skunk, or raccoon does not apply to:
(a) a person or the person's agent who is lawfully acting to protect the person's crops or domestic animals from predation by those animals; or
(b) an animal damage control agent acting in the agent's official capacity under a memorandum of agreement with the division.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 1 - General Provisions › Part 2 - Miscellaneous › Section 205 - Donating protected wildlife.

Effective 7/1/2023
23A-1-205.
Donating protected wildlife.
(1) A person may only donate protected wildlife or wildlife parts to another person at:
(a) the residence of the donor;
(b) the residence of the person receiving protected wildlife or the wildlife parts;
(c) a meat locker;
(d) a storage plant;
(e) a meat processing facility; or
(f) a location authorized by the Wildlife Board in rule, proclamation, or order.
(2) A written statement of donation shall be kept with the protected wildlife or parts showing:
(a) the number and species of protected wildlife or parts donated;
(b) the date of donation;
(c) the license or permit number of the donor; and
(d) the signature of the donor.
(3) Notwithstanding Subsections (1) and (2), a person may donate the hide of a big game animal to another person or organization at any place without a donation slip.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 1 - General Provisions › Section 102 - Powers of division to determine facts -- Policymaking powers of Wildlife Board.

Effective 7/1/2023
23A-2-102.
Powers of division to determine facts -- Policymaking powers of Wildlife Board.
(1) The division may determine the facts relevant to the wildlife resources of this state.
(2)
(a) Upon a determination of the facts, the Wildlife Board shall establish the policies best designed to accomplish the purposes and fulfill the intent of the laws pertaining to wildlife and the preservation, protection, conservation, perpetuation, introduction, and management of wildlife.
(b) In establishing policy, the Wildlife Board shall:
(i) recognize that wildlife and the wildlife's habitat are an essential part of a healthy, productive environment;
(ii) recognize the impact of wildlife on humans, human economic activities, private property rights, and local economies;
(iii) seek to balance the habitat requirements of wildlife with the social and economic activities of humans;
(iv) recognize the social and economic values of wildlife, including fishing, hunting, and other uses; and
(v) seek to maintain wildlife on a sustainable basis.
(c)
(i) The Wildlife Board shall consider the recommendations of the regional advisory councils established in Section 23A-2-303.
(ii) If a regional advisory council recommends a position or action to the Wildlife Board, and the Wildlife Board rejects the recommendation, the Wildlife Board shall provide a written explanation to the regional advisory council recommending the opposing position.
(3) An authority conferred upon the Wildlife Board by this title may not supersede the administrative authority of the executive director or the director.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 2 - Division and Director › Section 201 - Division of Wildlife Resources -- Limits on authority of political subdivisions -- Adjudicative proceedings -- Official seal.

Effective 7/1/2023
23A-2-201.
Division of Wildlife Resources -- Limits on authority of political subdivisions -- Adjudicative proceedings -- Official seal.
(1)
(a) There is created the Division of Wildlife Resources within the Department of Natural Resources under the administration and general supervision of the executive director.
(b) The division is the wildlife authority for Utah and is vested with the functions, powers, duties, rights, and responsibilities provided in this title and other law.
(2)
(a) Subject to the broad policymaking authority of the Wildlife Board, the division shall protect, propagate, manage, conserve, and distribute protected wildlife throughout the state.
(b) The division is the trustee and custodian of protected wildlife and may initiate civil proceedings, in addition to criminal proceedings provided for in this title, to:
(i) recover damages;
(ii) compel performance;
(iii) compel substitution;
(iv) restrain or enjoin;
(v) initiate any other appropriate action; and
(vi) seek appropriate remedies in the division's capacity as trustee and custodian.
(3)
(a) If a political subdivision of the state adopts an ordinance or regulation concerning hunting, fishing, or trapping that conflicts with this title or rules made pursuant to this title, state law prevails.
(b) A community may close areas to hunting for safety reasons after confirmation by the Wildlife Board.
(4) The division shall comply with Title 63G, Chapter 4, Administrative Procedures Act, in the division's adjudicative proceedings.
(5) The division shall adopt an official seal and file an impression and a description of the official seal with the Division of Archives.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 2 - Division and Director › Section 202 - Director of the division -- Qualifications.

Effective 7/1/2023
23A-2-202.
Director of the division -- Qualifications.
(1) The director shall:
(a) be the executive and administrative head of the division; and
(b) have demonstrated ability in management and administration and experience in the protection, conservation, restoration, and management of wildlife resources.
(2) The director may not hold another public office or be involved in a political party or organization.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 2 - Division and Director › Section 203 - Director powers.

Effective 7/1/2023
23A-2-203.
Director powers.
The director, under administrative supervision of the executive director, has:
(1) executive authority and control of the division so that policies of the Wildlife Board are carried out in accordance with the laws of this state;
(2) authority over personnel matters;
(3) full control of property acquired and held for the purposes specified in this title; and
(4) authority to declare emergency closed or open seasons in the interest of the wildlife resources of the state.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 2 - Division and Director › Section 204 - Compensation of division employees -- Travel expenses of director and employees.

Effective 7/1/2023
23A-2-204.
Compensation of division employees -- Travel expenses of director and employees.
An employee of the division shall receive the compensation the director determines within limits established for state employees by Title 63A, Chapter 17, Utah State Personnel Management Act. In addition to salaries provided for within this title, the director and employees of the division are entitled to receive travel expenses as provided in the rules established by the Division of Finance.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 2 - Division and Director › Section 205 - Oaths administered by director.

Effective 7/1/2023
23A-2-205.
Oaths administered by director.
The director may administer oaths for the purposes required in the discharge of the director's duties.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 2 - Division and Director › Section 206 - Jurisdiction of division over public or private land and waters.

Effective 7/1/2023
23A-2-206.
Jurisdiction of division over public or private land and waters.
Wildlife within this state, including wildlife on public or private land or in public or private waters within this state, is within the jurisdiction of the division.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 2 - Division and Director › Section 207 - Taking of wildlife by division.

Effective 7/1/2023
23A-2-207.
Taking of wildlife by division.
(1) Subject to the other provisions of this section, the division may take wildlife of any kind from any place and in any manner for purposes considered by the director to be in the interest of wildlife conservation.
(2) The division shall deliver notice to an affected landowner or an agent of an affected landowner, either in writing or orally, before the taking of wildlife on privately owned land under this section. The division may take the wildlife immediately after or at a time reasonably required for the taking after delivering notice.
(3) The notice requirements in Subsection (2) do not apply in a situation when there is a threat to public safety or exigent circumstances exist.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 2 - Division and Director › Section 208 - Use of fireworks and explosives by division employees and certain federal game agents.

Effective 7/1/2023
23A-2-208.
Use of fireworks and explosives by division employees and certain federal game agents.
Notwithstanding any other provision of law, the following may, without obtaining a permit, use fireworks and explosives to rally, drive, or otherwise disperse concentrations of wildlife as may be necessary to protect property or wildlife resources:
(1) an employee of the division designated by the director; or
(2) a federal game agent charged with the duty of managing wildlife resources.
Renumbered and Amended by Chapter 103, 2023 General Session
2023 Utah Code › Title 23A - Wildlife Resources Act › Chapter 2 - Administration › Part 2 - Division and Director › Section 209 - Transplants of big game, turkeys, wolves, or sensitive species.

Effective 7/1/2023
23A-2-209.
Transplants of big game, turkeys, wolves, or sensitive species.
(1) Subject to Subsection (7), the division may transplant big game, turkeys, wolves, or sensitive species only in accordance with:
(a)
(i) a list of sites for the transplant of each particular species that is prepared and adopted in accordance with Subsections (2) through (5);
(ii) a species management plan, such as a deer or elk management plan adopted under Section 23A-11-301 or a recovery plan for a threatened or endangered species, provided that:
(A) the plan identifies sites for the transplant of the species or the lands or waters the species are expected to occupy; and
(B) the public has had an opportunity to comment and make recommendations on the plan; and
(iii) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq. if the transplant involves a threatened or endangered species; or
(b) a legal agreement between the state and a tribal government that identifies potential transplants
.
(2) The division shall:
(a) consult with the landowner in determining the suitability of a site for the transplant of a species;
(b) prepare a list of proposed sites for the transplant of species; and
(c) provide notification of proposed sites for the transplant of species to:
(i) local government officials having jurisdiction over areas that may be affected by a transplant; and
(ii) the Resource Development Coordinating Committee created in Section 63L-11-401.
(3) After receiving comments from local government officials and the Resource Development Coordinating Committee, the division shall submit the list of proposed transplant sites, or a revised list, to regional advisory councils for the one or more regions that may be affected by the transplants of species.
(4) A regional advisory council reviewing a list of proposed sites for the transplant of species may submit recommendations to the Wildlife Board.
(5) The Wildlife Board shall approve, modify, or reject a proposal for the transplant of a species.
(6) A list of proposed transplant sites approved by the Wildlife Board shall have a termination date after which a transplant may not occur.
(7) Before reintroducing a big game animal to a new area under this section, the Wildlife Board shall approve a mitigation plan that complies with Section 23A-2-210.
Renumbered and Amended by Chapter 103, 2023 General Session
Amended by Chapter 198, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.