Oklahoma 2022 Regular Session

Oklahoma House Bill HB3639 Latest Draft

Bill / Enrolled Version Filed 05/20/2022

                            An Act 
ENROLLED HOUSE 
BILL NO. 3639 	By: Dempsey of the House 
 
   and 
 
  David of the Senate 
 
 
 
 
 
 
An Act relating to hunting; amending 29 O. S. 2021, 
Section 4-112, which relates to hunting licenses; 
modifying fees; and declaring an emergency. 
 
 
 
 
SUBJECT: Hunting 
 
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 Conservatio n 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. 
 
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 shal l be 
exempt from the annua l nonresident hunting l icenses required 
pursuant to paragraph paragraphs 1 and 2 of subsection C of this 
section: 
  ENR. H. B. NO. 3639 	Page 2 
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 d isability 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 facilit y as 
defined by Section 402 of Tit le 10 of the Oklahoma S tatutes; and 
 
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 organiz ed 
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 o n June 30 of the  ENR. H. B. NO. 3639 	Page 3 
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 
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: 
 
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), 
  ENR. H. B. NO. 3639 	Page 4 
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 
(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  ENR. H. B. NO. 3639 	Page 5 
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); 
 
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, combination 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 
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 
  ENR. H. B. NO. 3639 	Page 6 
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); 
 
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  ENR. H. B. NO. 3639 	Page 7 
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); 
 
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); 
 
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;  ENR. H. B. NO. 3639 	Page 8 
 
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; 
 
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 pers on 
merely because the person participates, as owner or ha ndler of an  ENR. H. B. NO. 3639 	Page 9 
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 
purchase a substitute te mporary thirty-day license from the 
arresting game warden in lieu of posting bond.  Proof of hunter 
safety certification will 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, manag ing, preserving, 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 distri ct 
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 
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. 
  ENR. H. B. NO. 3639 	Page 10 
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) nor 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. 
  ENR. H. B. NO. 3639 	Page 11 
Passed the House of Representa tives the 17th day of May, 2022. 
 
 
 
  
 	Presiding Officer of th e House 
 	of Representatives 
 
 
Passed the Senate the 19th day of May, 2022. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Okl ahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________