Req. No. 2689 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 58th Legislature (2022) SENATE BILL 1694 By: Murdock AS INTRODUCED An Act relating to fish and wildlife; amending 29 O.S. 2021, Section 4-112, as last amended by Section 3, Chapter 353, O.S.L. 2017, which relates to hunting license; removing seasonal conditions for nonre sident hunters under eighteen; removing certain fees; modifying certain fee; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA: SECTION 1. AMENDATORY 29 O.S. 2021, Section 4 -112, as last amended by Section 3, Chapter 353, O.S.L. 2017, is amended to read as follows: Section 4-112. A. Except as otherwise provided for in the Oklahoma Wildlife Conservation Code or the Oklahoma Farmed 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 ex cept fish, without having first procured a license from the Department of Wildlife Conservation. The Oklahoma Wildlife Conservation Commission shall designate a consecutive Saturday and Sunday in September of each Req. No. 2689 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 year as free hunting days in which reside nts of this state may hunt without first procuring a hunting license pursuant to the provisions of this section. B. The following legal residents of Oklahoma shall be exempt from the annual hunti ng license requirement of paragraph 1 of subsection F of this section and the following nonresidents shall be exempt from the annual nonresident hunting licenses required pursuant to paragraph 1 of subsection C of this section: 1. Legal residents under si xteen (16) years of age; 2. Legal residents sixty -five (65) years of age or older provided they have obtained a senior 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 ag e; 7. Legal residents having a proven disability which rend ers them nonambulatory and confines them to a whee lchair, as certified by a physician licensed in this state or in any state which borders this state; Req. No. 2689 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 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. Any legal resident or nonresident under e ighteen (18) years of age who is in the physical custody of a child care facility as defined by Section 402 of Title 10 of the Oklahoma Statutes; and 9. Any legal resident or nonresident hunting, pursuing, trapping, harassing, catching, killing, taking, o r attempting to take in any manner any species of rattlesnak e during an organized rattlesnake-hunting event or festival and who has a rattlesnake permit issued pursuant to Section 4 -143 of this title. C. Except as otherwise provided for in the Oklahoma Wi ldlife Conservation Code, the nonresident hunting licenses i ssued pursuant to this section and the fee for eac h license shall be: 1. Annual hunting license for nonresidents hunting game other than deer, antelope, elk or bear which expires on December 31 o f the year purchased – One Hundred Forty-one Dollars ($141.00). Nonresidents hunting big game, combination bi g game and upland game or exotic wildlife in a commercial hunting area shall be required to have this license; 2. Annual hunting license for nonr esidents hunting game 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, combination big game and upland game or exotic wildlife in a co mmercial hunting area shall be required to have this license; 3. Gun hunting license for deer : Req. No. 2689 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 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 gun seasons occurring prior to January 16, 2021, for youth nonresidents seventeen (17) years of age or younger which shall be valid for hunting o ne antlerless deer allowed during the current calendar year deer gun season – Thirty Dollars ($30.00), b. 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 hu nting one antlered or antlerless deer allowed during the cur rent calendar year deer gun season – Ninety-nine Dollars ($99.00), c. during deer gun seasons occurring prior to January 16, 2021, for nonresidents which shall be valid for hunting all deer allowe d during the current 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 during the current calendar year deer gun season - Two Hundred Seventy- nine Dollars ($279.00) Thirty Dollars ($30.00); 4. Archery hunting license for deer for nonresidents which shall expire on January 15 of the calendar year after the year Req. No. 2689 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 purchased or, if purchased during the deer archery season, it shall expire at the end of that deer archery season: a. during deer archery seaso ns 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 deer archery season – Thirty Dollars ($30.00), b. during deer archery seas ons 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 deer archery season – Ninety-nine Dollars ($99.00), 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 d eer archery season - Two Hundred Ninety-nine Dollars ($299.00), and d. during any deer archery season occurrin g 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) Thirty Dollars ($30.00); 5. Primitive firearms hunting license for deer for: Req. No. 2689 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 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 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 antlerless deer allowed during the current calendar year deer primitive firearms season – 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 o r antlerless deer allowed during the current calendar year deer primitive firearms season – Ninety-nine Dollars ($99.00), c. during deer primitive firearms seasons occurring prior to January 16, 2021, for nonresidents which shall be valid for hunting all d eer allowed during 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 hunt ing all deer allowed during the current calendar year deer primitive firearms season - Two Hundred Seventy-nine Dollars ($279.00) Thirty Dollars ($30.00); Req. No. 2689 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6. Hunting license for antelope for nonresidents – Three Hundred Five Dollars ($305.00); 7. Hunting license for elk for non residents – 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 Conserv ation shall provide a report to both the President Pro Tempore of the Senate and the Speaker of the House of Representatives by February 1 of 2019 and 2020 setting forth information regarding lice nses 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 comparing revenue generated from the fees of the licenses issued during the m ost recent respective deer hunting seasons compared to previous years and whether the deer hunting license structure is beneficial to the Department. Req. No. 2689 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 E. Of the fees collected pursuant to the prov isions 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 2. Five Dollars ($5.00) of the license fee for each license issued pursuant to paragraphs 1 through 8 of subsection 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 otherwi se provided, the resident hunting licenses 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 license for residents eighteen (18) years of age and older which expires on June 30 of the fiscal year purchased – Thirty-one Dollars ($31.00); Req. No. 2689 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 residents 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 small 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, Su pplemental Security Income benefits or disability benefits u nder 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 residents eighteen (18) years of age or older - Nineteen Dollars ($19.00). The following persons shall be exempt: a. residents with proper certi fication from the United States Department of Veterans Affai rs or its successor, certifying that the person is a disabled veteran in receipt of compensation at the one -hundred- percent rate, and Req. No. 2689 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 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. residents hunting in big game or combination big 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 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; 10. Archery hunting license for deer for residents under eighteen (18) years of age - Nine Dollars ($9.00); 11. Primitive firearms 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 Veterans Affairs or its successor, certifying that the person is a disabled veteran in receipt of compensation at the one-hundred- percent rate, and Req. No. 2689 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 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. residents hunting in big game or combination big game and upland game commercial hunting areas; 12. Primitive firearms hunting license for deer for residen ts 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 from this license; 14. Hunting license for antelope for residents – Fifty Dollars ($50.00). Residents hunting in big game or combination big game and upland game commercial hunting areas shall be exempt from this license; and 15. Bonus, special or additional gun hunti ng 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. Req. No. 2689 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G. Residents hunting big game, combination big game and upland game or exotic wildlif e in a commercial hunting area shall be required to have one of the following licenses: 1. An annual hunting license issued pursuant to paragraph 1, 2, 3 or 4 of subsection F of this section; 2. An annual hunting and fishing combination license 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 Land 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 handler 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 Req. No. 2689 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 is in no way engaged in hunting and does not take or attempt to take in any manner any game. J. 1. Any person arrested for hunting game other than deer, antelope, elk, bear or turkey wi thout a valid hunting license as required by the provisions o f subsection A of this section may purchase a substitute temporary thirty -day license from the arresting game warden in lieu of posting bond. Proof of hunter safety certification will not be req uired for the temporary substitute license. The fee for a su bstitute license purchased pursuant to the provisions of this 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 by this subsection, t he 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, 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 dismissa l of a charge of violating this section upon 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 Req. No. 2689 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 the provisions of this section shall be punished by the imposition 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) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a period not to exceed six (6) months, or by both. SECTION 2. This act shall become effective November 1, 2022. 58-2-2689 MR 1/20/2022 5:44:10 PM