An Act ENROLLED SENATE BILL NO. 1696 By: Treat, Stephens, and Pederson of the Senate and McCall of the House 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. SUBJECT: Hunting and fishing licenses 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 residency, and any such license issued shall show such data as well as the date and time of issuance. ENR. S. B. NO. 1696 Page 2 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 of 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 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 subsection B of Section 4- 113 of this title shall expire on June 30 of the fiscal year issued. All other licenses and paragraphs 1 and 2 of subsection C and paragraph 1 of subsec tion E of Section 4-110 of this title shall terminate December 31 for the year expire one (1) year after the date issued. Unless otherwise specified, all other licenses shall expire December 31 for the year 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 ENR. S. B. NO. 1696 Page 3 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 Comm ission 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 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 state ment 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 includ e 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 ENR. S. B. NO. 1696 Page 4 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 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 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, ENR. S. B. NO. 1696 Page 5 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 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 procure d 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 nonresiden ts shall be exempt from the annual nonresid ent 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 obtained a senio r citizen lifetime hunt ing 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 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 ENR. S. B. NO. 1696 Page 6 paragraph, no registration with the veteran s registry 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 402 of Title 10 of the Oklahoma Statute s; 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 rattlesna ke 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 for 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 year purchased– One Hundred Forty-one Dollars ($141.00). Nonresidents hunting big game or combination big game an d upland game in a commercial hunting area shall be required t o 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 one (1) year purchased after the date of issuance – One Hundred Seventy-five Dollars ($175.00). Nonresidents hunting big game or combination big game and upland game in a commercial hunting area shall be required to have this license ; ENR. S. B. NO. 1696 Page 7 3. 2. Gun hunting license for deer 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); 4. 3. 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. 4. Primitive firearms hunting lic ense for deer for nonresidents which shall be valid for hunting all deer a llowed during the current calendar year deer primitive firearms season – Two Hundred Seventy-nine Dollars ($279.00); 6. 5. Hunting license for antelope for nonresidents – Three Hundred Five Dollars ($305.00); 7. 6. Hunting license for elk for nonresident s – Three Hundred Five Dollars ($305.00); 8. 7. Five-day hunting license for nonresidents h unting game other than deer, antelope, elk, quail, turkey or bear – Seventy-four Dollars ($74.00). Nonresidents hunting big game or co mbination big game and upland game in a commercial hunting area shall be re quired to have this license; and 9. 8. Ten-day hunting license for non residents 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 each license issued pursuant to paragraph s 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. S. B. NO. 1696 Page 8 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 shall 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: 1. Annual hunting license for residents eighteen (18) years of age and older which expires on Dece mber 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 residents sixteen (16) or seventeen (17) years of 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 a re receiving Social Security Disability bene fits, 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 paym ents from the Multiple Injury Trust Fund pur suant to Section 31 of Title 85A of the Oklahoma Statutes - Ten Dollars ($10.00); ENR. S. B. NO. 1696 Page 9 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 or its successor, certifying that the person is a di sabled veteran in receipt of compensation at the on e-hundred- percent rate and register ed with the veterans registry created by the Oklahoma Department of Veterans Affairs; provided, that if the v eteran 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 ei ghteen (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 registered with the veterans regist ry created by the Oklahoma Department of Veterans Affairs; provided, that if the veteran has previously received the exemption pursuant to this subpara graph, no registration with the veterans reg istry shall be required, and b. residents hunting in big gam e 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); ENR. S. B. NO. 1696 Page 10 11. 9. 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 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 previo usly 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 hun ting 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 b ig game and upland game commercial hunting a reas 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 area s shall 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 ENR. S. B. NO. 1696 Page 11 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 are as. 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 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 this state. No license to hunt shall be required of any person engaged in traini ng 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 licens e as required by the provisions of subsectio n 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 required for the temporary substitute license. The fee for a substitute li cense 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 p rovided 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 ENR. S. B. NO. 1696 Page 12 be used exclusively for developing, managing, preserving, and protecting wildlife and wil dlife habitat. I. Any person producing proo f 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 t his 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 of the alleged offense is presented to the court or district attorney within seventy -two (72) hours after t he violation, the charge shall be dismissed without 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 b y 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. K. Unless a substitute license is purchase d 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 ($500.0 0), or 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/fishin g license from the Director or agents of the Director. B. The fee for each combination hunting/fishing license issued under this section shall be: ENR. S. B. NO. 1696 Page 13 1. For legal residents eighteen (18) years of age and older for a license that expires on December 31 of th e year purchased - Forty- one Dollars ($41.00); 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 sect ion, 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 become effective November 1, 2022. ENR. S. B. NO. 1696 Page 14 Passed the Senate the 23rd day of March, 2022. Presiding Officer of the Senate Passed the House of Representatives the 28th day of April, 2022. Presiding Officer of the House of Representatives 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 Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this _______ ___ day of __________________, 20 _______, at _______ o'clock _______ M. By: _______________________ __________