ENGR. H. B. NO. 3639 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED HOUSE BILL NO. 3639 By: Dempsey of the House and David of the Senate [ hunting licenses - modifying fees – emergency ] BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 29 O.S. 2021, Section 4-112, is amended to read as follows: Section 4-112. A. Except as otherwise provided for in the Oklahoma Wildlife Conservation Code or the Oklahoma Fa rmed Cervidae Act, no person may hunt, pursue, trap, harass, catch, kill, take or attempt to take in any manner, use, have in possession, sell, or transport all or any portion of any wildlife except fish, without having first procured a license from the De partment of Wildlife Conservation. The Wildlife Conservation Commission shall designate a consecutive Saturday and Sunday in September of each year as free hunting days in which residents of this state may hunt without first procuring a hunting license pu rsuant to the provision s of this section. ENGR. H. B. NO. 3639 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. The following legal residents of Oklahoma s hall be exempt from the annual hunting license requirement of paragraph 1 of subsection F of this section and the following nonresidents shall be exempt from the annua l nonresident hunting l icenses required pursuant to paragraph paragraphs 1 and 2 of subsection C of this section: 1. Legal residents under sixteen (16) years o f age; 2. Legal residents sixty-five (65) years of age or older provided they have obtained a s enior citizen lifetime hunting or combination hunting and fishing license pursuant to the provisions of Section 4-114 of this title; 3. Legal residents born on or before January 1, 1923; 4. Legal resident veterans having a disability of sixty percent (60%) or more; 5. Legal resident owners or tenants who hunt on land owned or leased by them; 6. Any nonresident under fourteen (14) years of age; 7. Legal residents having a proven disability which renders them nonambulatory and confines them to a wheelcha ir, as certified by a physician licensed in this state or in any state which borders this state; 8. Any legal resident or nonresident under eighteen (18) years of age who is in the physical custody of a child care facility as defined by Section 402 of Tit le 10 of the Oklahoma S tatutes; and ENGR. H. B. NO. 3639 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 9. Any legal resident or nonresident hunting, pursui ng, trapping, harassing, catching, killing, taking, or attempting to take in any manner any species of rattlesnake during an organized rattlesnake-hunting event or fes tival and who has a rat tlesnake permit issued pursuant to Section 4 -143 of this title. C. Except as otherwise provided for in the Oklahoma Wildlife Conservation Code, the nonresident hunting licenses issued pursuant to this section and the fee for each li cense shall be: 1. Annual hunting license for nonresidents hunting game other than deer, antelope, elk or bear which expires on December 31 of the year purchased – One Hundred Forty-one Dollars ($141.00). Nonresidents hunting big game, combination big ga me and upland game or exotic wildlife in a commercial hunting area shall be required to have this license; 2. Annual hunting license for nonresidents hunting g ame other than deer, antelope, elk or bear which expires on June 30 of the fiscal year purchased – One Hundred Seventy-five Dollars ($175.00). Nonresidents hunting big game, combinatio n big game and upland game or exotic wildlife in a commercial hunting a rea shall be required to have this license; 3. Gun hunting license for deer: a. during deer gun seasons occurring prior to January 16, 2021, for youth nonresidents seventeen (17) years of age or younger which shall be valid for hunting on e ENGR. H. B. NO. 3639 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 antlerless deer allowed during the current calendar year deer gun season seasons – Thirty Dollars ($30.00), b. during deer gun seasons occurring prior to January 16, 2021, for youth nonresidents seven teen (17) years of age or younger which shall be valid for hunting one antlered or antlerless deer allowed during the current calendar year deer gun season seasons – Ninety-nine Dollars ($99.00), and c. during deer gun seasons occurring prior to January 16 , 2021, for nonresidents which shall be v alid for hunting all deer allowed during the curr ent calendar year deer gun season - Two Hundred Ninety-nine Dollars ($299.00), and d. during any deer gun season occurring on or after January 16, 2021, for nonresidents which shall be valid for hunting all deer allowed du ring the current calendar year deer gun season - Two Hundred Seventy- nine Dollars ($279.00); 4. Archery hunting license for deer for nonresidents which shall expire on January 15 of the calendar year after the year purchased or, if purchased during th e deer archery season, it shall expire at the end of that deer archery season : ENGR. H. B. NO. 3639 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. during deer archery season s occurring prior to January 16, 2021, for youth nonresidents seventeen (17) years of age or younger which shall be valid for hunti ng one antlerless deer allowed during the current d eer archery season seasons – Thirty Dollars ($30.00), b. during deer archery seasons occurring prior to January 16, 2021, for youth nonresidents seve nteen (17) years of age or younger which shall be valid for hunting one antlered or antlerless dee r allowed during the current deer archery season seasons – Ninety-nine Dollars ($99.00), and c. during deer archery seasons occurring prior to January 16, 2021, for nonresidents which shall be valid for hunting all deer allowed during the current deer archery season - Two Hundred Ninety-nine Dollars ($299.00), and d. during any deer archery season occurring on or after January 16, 2021, for nonresidents which shall be valid for hunting all deer allowed during the current deer archery season - Two Hundred Seventy-nine Dollars ($279.00); 5. Primitive firearms hunting license for deer for: a. during deer primitive firearms s easons occurring prior to January 16, 2021, for youth nonresidents seventeen ENGR. H. B. NO. 3639 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (17) years of age or younger which shall be valid for hunting one antlerless deer allowed during the current calendar year deer primitive firearms season seasons – Thirty Dollars ($30.00), b. during deer primitive firearms seasons occurring prior to January 16, 2021, for youth nonresidents seventeen (17) years of age or younger which shall be valid for hunting one antlered or antlerless deer allowed during the current calendar year deer primitive firearms season seasons – Ninety-nine Dollars ($99.00), and c. during deer primitiv e firearms seasons occurring prior to January 16, 2021, for nonresidents which shall be valid for hunting all deer allowed duri ng the current calendar year deer primitive firearms season - Two Hundred Ninety-nine Dollars ($299.00), and d. during any deer primitive firearms season occurring on or after January 16, 2021, for nonresidents which shall be valid for hunting all deer allowed during the current calendar year deer primitive firearms season - Two Hundred Seventy-nine Dollars ($279.00); 6. Hunting license for antelope for nonresidents – Three Hundred Five Dollars ($305.00); 7. Hunting license for elk for nonresidents – Three Hundred Five Dollars ($305.00); ENGR. H. B. NO. 3639 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8. Five-day hunting license for nonresidents hunting game other than deer, antelope, elk, quail, turkey or bear – Seventy-four Dollars ($74.00). Nonresidents hunting big game, combinat ion big game and upland game or exotic wildlife in a commercial hunting area shall be required to have this license; and 9. Ten-day hunting license for nonresidents hunting small game in a commercial hunting area – Five Dollars ($5.00). D. The Department of Wildlife Conservation shall provide a report to both the President Pro Temp ore of the Senate and the Speaker of the House of Representatives by February 1 of 2019 and 2020 setting forth information re garding licenses issued pursuant to paragraphs 3, 4 and 5 of subsection C of this section, which shall include, but not be limited to: 1. The number of licenses issued during the most recent respective deer hunting seasons; and 2. A fiscal analysis compa ring revenue generated from the fees of the licenses issued during the most recent respective deer hunting seasons compared to prev ious years and whether the deer hunting license structure is beneficial to the Department. E. Of the fees collected pursuant to the provisions of subsection C of this section: 1. Five Dollars ($5.00) of the license fee of each license issued pursuant to paragraphs 1 through 7 of subsection C of this section and Two Dollars and fifty cents ($2.50) of the license fee ENGR. H. B. NO. 3639 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 for each license issued pursuant to paragraph 8 of subsection C of this section shall be deposited in the Wildlife Land Acquisition Fund created pursuant to the provisions of Section 4-132 of this title; and 2. Five Dollars ($5.00) of the license fee for each licens e issued pursuant to paragraphs 1 through 8 of subse ction C of this section shall be for the Oklahoma Wildlife Land Stamp and shall be deposited in the Oklahoma Wildlife Land Fund created pursuant to the provisions of Section 4 -141 of this title. F. Except as otherwise provided, the resident hunting licens es issued pursuant to this section and the fee for each license shall be: 1. Annual hunting license for residents eighteen (18) years of age and older which expires on December 31 of the year purchased - Twenty-four Dollars ($24.00); 2. Annual hunting li cense for residents eighteen (18) years of age and older which expires on June 30 of the fiscal year purchased – Thirty-one Dollars ($31.00); 3. Annual hunting license for residents sixteen (16) or seventeen (17) years of age which expires on December 31 of the year purchased - Four Dollars ($4.00); 4. Annual hunting license for re sidents sixteen (16) or seventeen (17) years of age which expires on June 30 of the fiscal year purchased – Six Dollars ($6.00); ENGR. H. B. NO. 3639 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. Ten-day hunting license for residents for sm all game in a commercial hunting area - Five Dollars ($5.00); 6. Five-year disability hunting license for residents of this state for at least six (6) months who are receiving Social Security Disability benefits, Supplemental Security Income benefits or disability benefits under the Railroad Retirement Act, 45 U.S.C.A., Section 231a, or residents who are one-hundred-percent disabled and are receiving disability payments from the Multiple Injury Trust Fund pursuant to Section 31 of Title 85A of the Oklahoma Statutes - Ten Dollars ($10.00); 7. Gun hunting license for deer for resident s eighteen (18) years of age or older - Nineteen Dollars ($19.00). The following persons shall be exempt: a. residents with proper certification from the United States Department of Veterans Affairs or its successor, certifying that the person is a disabl ed veteran in receipt of compensation at the one-hundred- percent rate, and b. residents hunting in big game or combination bi g game and upland game commercial hunting areas; 8. Gun hunting license for deer for residents under eighteen (18) years of age – Nine Dollars ($9.00); ENGR. H. B. NO. 3639 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 9. Archery hunting license for deer for residents eighteen (18) years of age or older - Nineteen Dollars ($19.00). The following persons shall be exempt: a. residents with proper certification from the United States Department of Ve terans Affairs or its successor, certifying that the person is a disabled veteran in receipt of compensation at the one -hundred- percent rate, and b. residents hunting in big gam e or combination big game and upland game commercial hunting areas; 10. Archery hunting license for deer for residents under eighteen (18) years of age - Nine Dollars ($9.00); 11. Primitive firearms hun ting license for deer for residents eighteen (18) years of age or older - Nineteen Dollars ($19.00). The following persons shall b e exempt: a. residents with proper certification from the United States Department of Veterans Affairs or its successor, certifying that the person is a disabled veteran in receipt of compensation at the one-hundred- percent rate, and b. residents hunting in big game or combination big game and upland game commercial hunting areas; 12. Primitive firearms hunting license for deer for residents under eighteen (18) years of age - Nine Dollars ($9.00); ENGR. H. B. NO. 3639 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 13. Hunting license for elk for residents - Fifty Dollars ($50.00). Residents hunting in big game or combination big game and upland game commercial hunting areas shall be exempt fro m this license; 14. Hunting license for antelope fo r residents – Fifty Dollars ($50.00). Residents hunting in big game or combina tion big game and upland game commercial hunting areas shall be exempt from this license; and 15. Bonus, special or addition al gun hunting license for deer for residents - Nineteen Dollars ($19.00). The following persons shall be exempt: a. residents with proper certification from the United States Department of Veterans Affairs or its successor, certifying that the person is a disabled veteran in receipt of compensation at the one-hundred- percent rate, and b. residents hunting in big game or combination big game and upland game commercial hunting areas. G. Residents hunting big game, combination big game and upland game or exotic wildlife in a commercial hunting area shall be required to have one of the following licenses: 1. An annual hunting license i ssued pursuant to paragraph 1, 2, 3 or 4 of subsection F of this section; ENGR. H. B. NO. 3639 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. An annual hunting and fishing combination lice nse issued pursuant to Section 4-113 of this title; 3. A five-year hunting license or five -year combination hunting and fishing license issued pursuant to Section 4-113.1 of this title; or 4. A lifetime hunting license or lifetime combination hunting and fishing license issued pursuant to Section 4 -114 of this title. H. Of the fees collected pursuant to the provisions of paragraphs 1 and 2 of subsection F of this section, Five Dollars ($5.00) of the license fee shall be for the Oklahoma Wildlife Land Stamp and shall be deposited in the Oklahoma Wildlife La nd Fund created pursuant to the provisions of Section 4 -141 of this title. I. The provisions of this section shall not be construed to require a hunting license, resident or nonresident, of any person merely because the person participates, as owner or ha ndler of an entry, as an official, or as a spectator in the conduct of a field trial or performance test of dogs, whether a resident or nonresident of the State of Oklahoma. No license to hunt shall be required of any person engaged in training or working dogs, provided that person is in no way engaged in hunting and does not take o r attempt to take in any manner any game. J. 1. Any person arrested for hunting game other than deer, antelope, elk, bear or turkey without a valid hunting license as required by the provisions of subsection A of this section may ENGR. H. B. NO. 3639 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 purchase a substitute te mporary thirty-day license from the arresting game warden in lieu of posting bond. Proof of hunter safety certification wil l not be required for the temporary substitute license. The fee for a substitute license purchased pursuant to the provisions of th is subsection shall be: a. for legal residents, Fifty Dollars ($50.00), and b. for nonresidents, One Hundred Forty -five Dollars ($145.00). 2. Except as otherwise provided for b y this subsection, the fees from licenses purchased pursuant to the provisions of this subsection shall be deposited in the Wildlife Conservation Fund to be used exclusively for developing, managing, pre serving, and protecting wildlife and wildlife habitat . K. Any person producing proof in court that a current hunting license issued by the Department of Wildlife Conservation to that person was in force at the time of the alleged offense shall be entitled to dismissal of a charge of violating this section u pon payment of court costs. If proof of a current hunting license issued by the Department to the person that was in force at the time of the alleged offense is presented to the court or district attorney within seventy-two (72) hours after the violation, the charge shall be dismissed without payment of court costs. L. Unless a substitute license is purchased as provided for by subsection J of this section, any resident convicted of violating ENGR. H. B. NO. 3639 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the provisions of this section shall be punished by the imposit ion of a fine of not less than Twenty -five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00), or by imprisonment in the county jail for a period not to exceed thirty (30) days, or by both. M. Unless a substitute license is purchased as provided for by subsection J of this section, any nonresident convicted of violating the provisions of this section shall be punished by the imposition of a fine of not less than Two Hundred Dollars ($200.00) no r more than Five Hundred Dollars ($500.00), or by imp risonment in the county jail for a period not to exceed six (6) months, or by b oth. SECTION 2. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason w hereof this act shall take effect and be in full force from and after its passa ge and approval. Passed the House of Representa tives the 10th day of March, 2022. Presiding Officer of the House of Representatives Passed the Senate the ___ day of __________, 2022. Presiding Officer of the Senate