SENATE FLOOR VERSION - SB1696 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION February 14, 2022 COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 1696 By: Treat An Act relating to hunting and fishing; amending 29 O.S. 2021, Sections 4-101, 4-112, as last amended by Section 3, Chapter 229, O.S.L. 2017, and 4-113, which relate to hunting and fishing licenses; allowing for expiration of nonresident and resident licenses one year after purchase; clarifying language; modifying fee schedule for certain legal residents; updating statutory reference; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 29 O.S. 2021, Section 4 -101, is amended to read as follows: Section 4-101. A. All licenses and permits issued by the Director of Wildlife Conservation, the Department of Wildlife Conservation or by any of its agents shall be u sed only in conformity with the prov isions of this title and the rul es promulgated by the Oklahoma Wildlif e Conservation Commission. B. All persons making application for any licenses required by this section shall produce a valid license to operate a mot or vehicle or other positive proof of identification, age and SENATE FLOOR VERSION - SB1696 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 residency, and any such license issued shall show such data as well as the date and time of issuance. C. All licenses are nontransferable. No per son shall alter, change, lend or transfer any l icense. No person shall use or bo rrow a license which has not been issued to that person by the Director, the Department or by any o f its agents pursuant to the provisions of this section. D. No person may engage in activities requiring a license without that person’s carrying such lice nse on their person and producing the same for an inspection upon the dem and of any Oklahoma citizen or game warden. E. Any person required to produce a license must also iden tify themselves as the person to whom such lice nse was issued, and failure or refusal to comply shall be deemed pri ma facie evidence of a violation of this section. F. Unless otherwise provided in this Code: 1. Hunting licenses issued pursuant to paragraph 1 of subsection C and paragraphs 1 and 3 2 of subsection E of Section 4 - 112 of this title and paragraphs 1 and 3 2 of subsection B of Section 4-113 of this title shall expire on December 31 of the year issued. Hunting licenses issued pursuant to paragraph 2 of subsection C and paragraphs 2 and 4 of sub section E of Section 4 -112 of this title and paragraphs 2 and 4 of s ubsection B of Section 4- 113 of this title shall expire on June 30 of the fiscal year issued. SENATE FLOOR VERSION - SB1696 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 All other licenses shall terminate December 31 for the year expire one (1) year after the date issued; and 2. Any person convic ted of violating any of the p rovisions of this title may have any or all licenses held by that person or the privilege of applying for, purchasing or exercising the benefits conferred by the licenses revoked b y the Department in accordance with rules promulgated by the Commission or b y a court of competent jurisdiction for a period of not less than one (1) year. For purposes of this paragraph, a court conviction, a plea of guilty, a plea of nolo contendere, th e imposition of a deferred or suspended sentence by a court, or forfeiture o f bond shall be deemed a conviction. G. Should any license or permit issued pursuant to Part 1 of Article IV of this title be lost or destroyed, duplicates will be issued by the Department at a fee of One Dollar and fifty cent s ($1.50). H. Upon harvesting any whitetail or mule deer, or any other wildlife where the hunter, according to Commission rules, is required to check the wildlife in at a Department check station, the taker of the wildlife shall: 1. Securely attach the n ame of the taker, time of harvest, date of harvest and license number to the carcass of the wildlife; 2. Check in the carcass of the wildlife electronically using the online check station provided on the offi cial website of the SENATE FLOOR VERSION - SB1696 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Oklahoma Department of Wild life Conservation or as p rescribed by rule of the Commission, within twenty-four (24) hours of leaving the hunt area and in all cases prior to processing the carcass; and 3. Not remove evidence of the sex of the animal until after the carcass of the anima l has been checked in. I. It shall be unlawful for any license or permit holder to knowingly make a false statement or give false information to any authorized hunter check station or to an authorized Departm ent employee when complying with the provisions of subsection H of thi s section. Information which may be collected at a Department check station shall include but not be limited to the name, address, license or permit number and signature of the taker, t he date, time, county, method or weapon of the kill, sex and weight of carcass, whether or not the animal was taken on public hunting land and if so in what area, or any other information which may be required by the Commission. J. 1. Any person convicte d of violating the provisions of this section or of making a false st atement or giving any false information in order to acquire any license or permit, pursuant to the provisions of this section, shall be punishable by a fine of not less than One Hundred D ollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00), o r by imprisonment in the county jail for a period not to exceed ten (10) days, or by both such fine and imprisonment. Any person convicted of a second or subsequent SENATE FLOOR VERSION - SB1696 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 violation of the prov isions of this section or of making a false statement or giving any f alse information in order to acquire any license or permit, pursuant to the provisions of this section, shall be punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Seven Hundred Fifty Dollars ($750 .00), or by imprisonment in the county jail for a period not to exceed ten (10) days, or by both such fine and imprisonment. 2. Any hunting or fishing license issued to a person by the Department of Wildlife Conservation shall be automatically revoked upon conviction of the p erson of violating the provisions of this section. The revocation shall be for a period set by the court of not less than one (1) year nor more than ten (10) years. If the court does not set a period, the revocation shall be for one (1) year from the date of the conviction. During this period of revocation, the Department shall not issue the person a hunting or fishing license. If the court does not set a revocation period, the Department shall not issue that person a license within one (1) year of the conviction of the person pursuant to this section. A person who has a license or permit revoked pursuant to this section shall surrender the revoked license or permit to the court , or the court may order the defendant to surrender the license or permit directly to an officer from the Department of Wildlife Conservation present at the hearing. If the license or permit is surrendered to the court, the court shall send the Department of Wildlife Conservation SENATE FLOOR VERSION - SB1696 SFLR Page 6 (Bold face denotes Committee Amendments) 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 revoked license. The court shall also send the Department a copy of the judgment of conviction. For purposes of this section, “conviction” shall include a plea of guilty or nolo contendere to an offense or the imposition of deferred adjudication for an offense. In lieu of sending a paper co py of the documents and information required by this subsection, the court clerk may transmit the conviction information by using an electronic method authorized by the Department of Wildl ife Conservation. K. Any person who has had th eir license privileg es revoked shall not be entitled to purchase, apply for, or exercise the benefits conferred by any license until the revocation period has expired or the person has obtained approval from t he Director. Any person violating the provisio ns of this subsectio n, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in a county jail for a term of not more than ninety (90) days or by both the fine and imprisonment. Upon conviction under this subsection, the previously granted license revocation period shall be extended by two (2) additional years. SECTION 2. AMENDATORY 29 O.S. 2021, Section 4 -112, as last amended by Sectio n 3, Chapter 229, O.S. L. 2017, is amended to read as follows: Section 4-112. A. Except as otherwise provided f or in the Oklahoma Wildlife Conservation Code or the Oklahoma Farmed Cervidae SENATE FLOOR VERSION - SB1696 SFLR Page 7 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Act, no person may hunt, pursue, trap, harass , catch, kill, take o r 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 Department of Wildlife Conservation. The Oklahoma Wildlife Conservation Commissio n shall designate a consecutive Saturday and Sunda y in September of each year as free hunting days in which resid ents 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 hunting license requirement of paragraph 1 of subsection E of this section and the following nonresidents sh all be exempt from the annual nonresident hunting licenses required pursuant to paragraph 1 of subsection C of this section: 1. Legal residents unde r sixteen (16) years of age; 2. Legal residents sixty -five (65) years of age or older provided they have o btained a senior citizen lifetime hunting or combination hunting and fishing l icense pursuant to th e 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 and registered with the veterans registry created by the Oklahoma Department of Veterans Affairs; provided, that if the veteran has previously received an exemption pursuant to this SENATE FLOOR VERSION - SB1696 SFLR Page 8 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 paragraph, no registration with the veterans registr y shall be required; 5. Legal resident owners or tenants who hunt on land own ed or leased by them; 6. Any nonresident under fourteen (14) years of age; 7. Legal residents having a proven disability which rende rs them nonambulatory and confines them to a wheelchair, as certified by a physician licensed in this state or in any stat e 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 4 02 of Title 10 of the Oklahoma Statutes; and 9. Any legal resident or nonresi dent hunting, pursuin g, trapping, harassing, catching, killing, taking, or attempting to take in any manner any species of rattlesnake 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 Wildlife Conservation Code, the nonresident hunting licenses is sued pursuant to this section and the fee fo r each license shall be: 1. Annual hunting license for nonresidents hunting g ame other than deer, antelope, elk or bear which expires on December 31 of the one (1) year purchased after the date of issuance – One Hundred Forty-one Dollars ($141.00). Nonr esidents hunting big game or SENATE FLOOR VERSION - SB1696 SFLR Page 9 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 combination big game and upland game in a commercial hunting area shall be required to have this license; 2. Annual hunting license for nonresidents huntin g 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 or combi nation big game and upland game in a commercial hunting area shall be r equired to have this license; 3. Gun hunting license for deer for nonr esidents which shall be valid for hunting all deer al lowed during 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 the deer archery season it shall expire at the end of that d eer archery season – Two Hundred Seventy- nine Dollars ($279.00); 5. Primitive firearms hunting lic ense for deer for nonresidents which shall be valid for hunting all deer allowed during the curr ent 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); SENATE FLOOR VERSION - SB1696 SFLR Page 10 (Bold face denotes Committee Amendments) 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 h unting game other than deer, antelope, elk, quail, turkey or bear – Seventy-four Dollars ($74.00); and 9. Ten-day hunting license for nonresi dents hunting small game in a commercial hunting area – Five Dollars ($5.00). D. Of the fees collected pursuant t o the provisions of subsection C of this section: 1. Five Dollars ($5. 00) of the license fee of ea ch 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 Wildli fe Land Acquisition Fund created pursuant t o 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. E. Except as otherwise provided, the annual resident hunting licenses issued purs uant to this subsection shal l expire one (1) year after the date of issuance. The resident hunting licenses issued pursuant to thi s section and the fee for each license shall be: SENATE FLOOR VERSION - SB1696 SFLR Page 11 (Bold face denotes Committee Amendments) 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. 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 th e fiscal year purchased – Thirty-one Dollars ($31.00); 3. Annual hunting license for resid ents sixteen (16) or seventeen (17) years o f age which expires on December 31 of the year purchased - Four Dollars ($4.00); 4. 2. 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. 3. Ten-day hunting license for residents for small game in a commercial hunting area - Five Dollars ($5.00); 6. 4. Five-year disability hunting license for residents of this state for at least six (6) months who ar e receiving Social Security Disability benefits , Supplemental Security Income benefits or disability benefits under the Railroad Retirement Act, 45 U.S.C.A., Section 231 a, or residents who are one-hundred-percent disabled and are receiving disability payme nts from the Multiple Injury Trust Fund pursuan t to Section 31 of Title 85A of the Oklahoma Statutes - Ten Dollars ($10.00); SENATE FLOOR VERSION - SB1696 SFLR Page 12 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 7. 5. Gun hunting license for deer for resi dents 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 o r its successor, certifying that the person is a di sabled veteran in receipt of compensation at the on e-hundred- percent rate and registered w ith the veterans registry created by the Oklahoma Department of Veterans Affairs; provided, that if the veteran has previously received an exemption pursuant to this subparagraph, no registration with the veterans reg istry shall be required, and b. residents hunting in big game or combin ation big game and upland game commercial hunting areas; 8. 6. Gun hunting license for deer for residents under eighteen (18) years of age – Nine Dollars ($9.00); 9. 7. Archery hunting license for deer for residents eightee n (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 Affai rs or its successor, certifying that the person is a disabled veteran in receipt of compensation at the one -hundred- SENATE FLOOR VERSION - SB1696 SFLR Page 13 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 percent rate and registered with the veterans registry created by the Oklahoma Department of Veterans Affairs; provided, that if the veteran has previously received the exemption pursuant to this subparagraph , no registration with the veterans registry shall be required, and b. residents hunting in big game or combination big game and upland game commercial hunting areas; 10. 8. Archery hunting license for deer for residents under eighteen (18) years of age - Nine Dollars ($9.00); 11. 9. Primitive firearms hunting license for deer for residents eighteen (18) y ears of age or older - Nineteen Dollars ($19.00). The following persons shall be exempt: a. residents with proper certif ication 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 registered with the veterans registry created by the Oklahoma De partment of Veterans Affairs; provided, that if the veteran has previously received the exemption pursuant to this subparagraph, no registration with the veterans registry shall be required, and SENATE FLOOR VERSION - SB1696 SFLR Page 14 (Bold face denotes Committee Amendments) 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. 10. Primitive firearms hunting license for deer for residents under eighteen (18) years of age - Nine Dollars ($9.00); 13. 11. Hunting license for elk for residents - Fifty Dollars ($50.00). Residents hunting in big game or combination big ga me and upland game commercial hunting areas shall be exempt from this license; 14. 12. Hunting license for antelope for residents – Fifty Dollars ($50.00). Residen ts hunting in big game or combination big game and upland game commercial hunting areas sha ll be exempt from this license; and 15. 13. Bonus, special or additional gun hunting li cense for deer for residents - Nineteen Dollars ($19.0 0). The following persons shall be exempt: a. residents with proper certification from the United States Department of Veterans Affairs or i ts successor, certifying that the person is a disabled veteran in receipt of compensation at the one -hundred- percent rate and registered with the veterans registry created by the Oklahoma Department of Veterans Affairs; provided, that if the veteran has pr eviously received the exemption pursuant to this subparagraph , SENATE FLOOR VERSION - SB1696 SFLR Page 15 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 no registration with the veterans registry shall be required, and b. residents hunting in big game or combination big game and upland game commercial hunting areas. F. Of the fees collected pursuant to the provisions of paragraphs paragraph 1 and 2 of subsection E 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. G. 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 handl er 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 this state. 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 or attempt to take in any manner any game. H. 1. Any person arrested for hu nting 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 temporary thirty-day license from the arresting game warden in lieu of posting bond. Proof of hunter SENATE FLOOR VERSION - SB1696 SFLR Page 16 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 safety certification will not be required for the temporary substitute license. The fee for a substitute lic ense 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 provid ed for by 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, preserving, and protecting wildlife and wildlife habitat. I. 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 t he time of the alleged offense shall be entitled to dismissal of a charge of violating this s ection 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 of the alleged offense is presented to the court or district attorney within seventy -two (72) hours after the vi olation, the charge shall be dismissed w ithout payment of court costs. J. Unless a substitute license is purchased as provided for by subsection H 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 T wenty-five Dollars ($25.00) nor more SENATE FLOOR VERSION - SB1696 SFLR Page 17 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. K. Unless a substitute license is purchased as provided for by subsection H 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), o r by imprisonment in the county jail for a period not to exceed six (6) months, or by both. L. The Oklahoma Wildlife Conservation Commission shall promulgate any rules necessary to implement the provisions of this section. SECTION 3. AMENDATORY 29 O.S. 2021, Section 4-113, is amended to read as follows: Section 4-113. A. Legal residents who ar e not the individuals excepted exempted from the license requirement as provided in subsection B of Section 4-112 of this title may purchase an annual combination hunting/fishing license from the Director or agents of the Director. B. The fee for each combination hunting/fishing license issued under this section shall be: 1. For legal residents eig hteen (18) years of age and older for a license that expires on December 31 of the year purchased - Forty- one Dollars ($41.00); SENATE FLOOR VERSION - SB1696 SFLR Page 18 (Bold face denotes Committee Amendments) 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. For residents eighteen (18) years of age and older for a license that expires on June 30 of the fiscal year purchased one (1) year after the date of issuance – Fifty-two Dollars ($52.00); 3. For legal residents sixteen (16) or seventeen (17) years of age for a license that expires on December 31 of the year purchased - Thirteen Dollars ($13.00); and 4. 2. For legal residents sixteen (16) or seventeen (17) years of age for a license that expires on June 30 of the fiscal year purchased one (1) year after the date of issuance – Eighteen Dollars ($18.00). C. Of the fees collected pursuant to the provisions of paragraphs paragraph 1 and 2 of subsection B 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. SECTION 4. This act shall be come effective November 1, 2022. COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND WILDLIFE February 14, 2022 - DO PASS AS AMENDED