Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1696 Latest Draft

Bill / Enrolled Version Filed 05/02/2022

                             
 
 
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: _______________________ __________