Req. No. 8123 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 STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) COMMITTEE SUBSTITUTE FOR ENGROSSED SENATE BILL NO. 774 By: Murdock and Dossett (J.J.) of the Senate and McDugle of the House COMMITTEE SUBSTITUTE An Act relating to game and fish; requiring license, permit or stamp issued by Oklahoma Wildlife Conservation Commission to hunt or fish; requiring possession; directing the Commission to promulgate rules to establish licenses; authorizing certain discounts; requiring annual report; requi ring fee price increases to be no greater than certain price index; requiring notification of fee price increase; requiring approval of price fee increase above certain price index; declaring certain authority; requiring license for certain wildlife activi ties; directing the Commission to promulgate rules establishing licenses; providing penalties for certain violations; directing the Commission to promulgate rules establishing hunting and fishing licenses amending 29 O.S. 2011, Section 4 -101, as amended by Section 1, Chapter 341, O.S.L. 2013, 4 - 110, as last amended by Section 2, Chapter 229, O.S.L. 2017, 4-112, as last amended by Section 3, Chapter 229, O.S.L. 2017, 4 -132, as amended by Section 120, Chapter 304, O.S.L. 2012, 4 -134, as amended by Section 121 , Chapter 304, O.S.L. 2012 and 4-141 (29 O.S. Supp. 2020, Sections 4 -101, 4-110, 4- 112, 4-132 and 4-134), which relate to licenses; eliminating authority of Oklahoma citizen to demand certain inspection; eliminating hunting license expiration dates; modify ing license duplication fee; Req. No. 8123 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 eliminating fishing license exemptions; eliminating resident and nonresident fishing license fees; eliminating fishing license fee distribution requirements; eliminating disability fishing license; directing the Commission to p romulgate rules; modifying fees and fines for certain fishing violations; eliminating hunting license exemptions; eliminating resident and nonresident hunting license fees; eliminating hunting license fee distribution requirements; directing the Commission to promulgate rules; modifying fees and fines for certain hunting violations; eliminating wildlife habitat stamp; modifying Wildlife Land Acquisition Fund contents; directing the Commission to promulgate rules; modifying Wildlife Heritage Fund contents; m odifying Oklahoma Wildlife Land Fund contents and expenditures; directing the Commission to promulgate rules; amending 29 O.S. 2011, Section 5 -203, which relates to carrying firearms while training dogs; modifying requirements to carry firearms in certain places while training dogs; repealing 29 O.S. 2011, Sections 4-103, 4-103A, 4-103B, 4-104, 4-104A, 4-105, 4-106, as amended by Section 2, Chapter 353, O.S.L. 2017, 4-107, 4-108, 4-108A, 4-109, 4-111, as amended by Section 1, Chapter 132, O.S.L. 2015, 4 -113, 4- 113A, 4-113.1, Section 1, Chapter 77, O.S.L. 2019, 4 - 114, as last amended by Section 4, Chapter 229, O.S.L. 2017, 4-114, as amended by Section 1, Chapter 112, O.S.L. 2014, 4-115, 4-116, 4-117, 4-118, 4-119, 4-120, 4-121, 4-122, 4-123, 4-124, 4-128, 4-128.1, 4- 129, 4-130, as amended by Section 1, Chapter 235, O.S.L. 2018, Section 1, Chapter 115, O.S.L. 2014, 4 - 136, as amended by Section 1, Chapter 134, O.S.L. 2016, 4-138, as amended by Section 1, Chapter 167, O.S.L. 2015, 4-140, as amended by Section 5, Chapter 229, O.S.L. 2017, 4-143, 4-144 and 5-203 (29 O.S. Supp. 2020, Sections 4 -106, 4-111, 4-113.2, 4-114, 4- 114, 4-130, 4-135.1, 4-136, 4-138 and 4-140), which relate to hunting and fishing licenses; providing for codification; and providing an effectiv e date. Req. No. 8123 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 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 4 -301 of Title 29, unless there is created a duplication in numbering, r eads as follows: A. Except as otherwise provided, 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 including fish, or enter any la nd owned, leased or managed by the Department of Wildlife Conservation unless the person has first obtained a license, permit or stamp from the Director or any authorized agents of the Department of Wildlife Conservation. Each person shall have the licens e, permit or stamp in their possession when hunting, fishing, taking or transporting any wildlife, and when entering any land owned, leased or managed by the Department. B. The Oklahoma Wildlife Conservation Commission shall prescribe, by rule, the form, type, design, manner of issuance and the fee for these licenses, permits and stamps and any rules necessary to implement the provisions of this section; provided that the Commission shall offer, but not be limited to, a three -hundred- sixty-five-day hunting and fishing license. C. The Commission may by rule or resolution designate discounts, sales or exemptions to any license, permit or stamp. Req. No. 8123 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 D. The Department of Wildlife Conservation shall annually provide a report to the President Pro Tempore of the Sen ate, the Chair of the Agriculture and Wildlife Committee of the Senate and the Speaker of the House of Representatives and the Chair of the Wildlife Committee of the House of Representatives by February 1 of each year setting forth information regarding li cense types and fees created pursuant to subsections A, B and C of this section, as well as the resulting license sales and revenue. E. Except as otherwise provided in this subsection, the Commission may promulgate rules to increase the fee of a license, permit or stamp by an amount no greater than the most recent annual percentage change in the United States Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI -U) for the South Region statistical area for all items and all goods. 1. Fee increases that do not exceed the annual percentage change in the CPI-U shall not be effective until the Commission notifies the appropriate entities as specified in the reporting requirements outlined in subsection D of this section and until fee changes are permanently approved pursuant to the Administrative Procedures Act. 2. The Commission may propose fee increases in excess of the annual percentage change in the CPI -U only with approval of a majority vote both of the Wildlife Committees of th e House of Representatives and the Oklahoma State Senate. Nothing in this Req. No. 8123 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 section shall prevent the Commission from reducing the fee(s) of licenses, permits and stamps. F. Notwithstanding the provisions of this act, the Legislature, under Article V, Sect ion 36 of the Oklahoma Constitution, maintains its authority over the Oklahoma Department of Wildlife Conservation as prescribed by Section 1 -101 et seq. of Title 29 of the Oklahoma Statutes, except as limited by the provisions of Article XXVI of the Oklahoma Constitution. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 4 -302 of Title 29, unless there is created a duplication in numbering, reads as follows: A. Except as otherwise provided i n this section or the Oklahoma Farmed Cervidae Act, no person shall breed, possess, raise, sell, buy, transport out of state, export or take for commercial purposes any wildlife, including fish, unless having first procured a license for such purpose from the Oklahoma Wildlife Conservation Director, pursuant to the rule promulgated by the Oklahoma Wildlife Conservation Commission. B. The Oklahoma Wildlife Conservation Commission shall prescribe, by rule, the form, type, design, manner of issuance and the fee for these licenses, permits and stamps; and any rules necessary to implement the provisions of this section. C. 1. Any person convicted of violating the provisions of this section shall have the commercial license revoked and forfeit the Req. No. 8123 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 privileges provided by the license. No new license shall be issued for a period of at least six (6) months from and after the date on which the revocation order becomes effective. 2. Any person convicted of violating the provisions of this section shall be punished b y a fine of not less than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for a period not to exceed six (6) months, or by confiscation of gear, or by a combination of fine, imprisonment, and confiscation. SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 4 -303 of Title 29, unless there is created a duplication in numbering, reads as follows: A. Except as otherwise provided in this title or in the Oklahoma Farmed Cervid ae Act, no person may breed or raise wildlife for personal consumption or noncommercial purposes, or kill or capture wildlife or take their nests or eggs for scientific purposes without having first procured a license from the State Wildlife Conservation Director. B. The Oklahoma Wildlife Conservation Commission shall prescribe, by rule, the form, type, design, manner of issuance and the fee for these licenses, permits and stamps; and any rules necessary to implement the provisions of this section. C. 1. Any person convicted of violating the provisions of this section shall have the noncommercial license revoked and forfeit the privileges provided by the license. No new license shall be issued Req. No. 8123 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 for a period of at least six (6) months from and after the da te on which the revocation order becomes effective. 2. Any person convicted of violating the provisions of this section shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00). SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 110.1 of Title 29, unless there is created a duplication in numbering, reads as follows: The Oklahoma Wildlife Conservation Commission shall prescribe, by administrative rule, the form, type, design, manner of issuance and the fee for fishing licenses. SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 110.2 of Title 29, unless there is created a duplication in numbering, reads as follows: The Oklahoma Wildlife Conservation Commission shall prescribe, by administrative rule, the form, type, design, manner of issuance and the fee for hunting licenses. SECTION 6. AMENDATORY 29 O. S. 2011, Section 4-101, as amended by Section 1, Chapter 341, O.S.L. 2013 (29 O.S. Supp. 2020, Section 4-101), is amended to read as follows: Section 4-101. A. All licenses and permits issued by the Director of State Wildlife Conservation Director, the Department of Wildlife Conservation or by any of its agents shall be used only in Req. No. 8123 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 conformity with the provisions of this title and the rules promulgated by the Oklahoma Wildlife Conservation Commission. B. All persons making application for any licenses re quired by this section shall produce a valid license to operate a motor 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. C. All licenses are no ntransferable. No person shall alter, change, lend or transfer any license. No person shall use or borrow 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 license on their person and producing the same for an inspection upon the demand of any Oklahoma citizen or game warden. E. Any person required to produce a license must also identify themselves as the person to whom such license was issued, and failure or refusal to comply shall be deemed prima facie evidence of a violation of this section. F. Unless otherwise provided in this Code : 1. Hunting licenses issu ed pursuant to paragraph 1 of subsection C and paragraphs 1 and 3 of subsection E of Section 4 -112 of this title and paragraphs 1 and 3 of subsection B of Section 4 - Req. No. 8123 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 24 113 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 subsection 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 shall terminate December 31 for the year issued; and 2. Any, any person convicted of violating any of the provisions 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 by the Department in accordance with rules promulgated by the Commission or by 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, the imposition of a deferred or suspended sentence by a court, or forfeiture of 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, duplica tes will be issued by the Department at a fee of One Dollar and fifty cents ($1.50) determined by the Commission . H. Upon harvesting any whitetail or mule deer, or any other wildlife where the hunter, according to Commission rules, is required to check th e wildlife in at a Department check station, the taker of the wildlife shall: Req. No. 8123 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. Securely attach the name 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 electronic ally using the online check station provided on the official website of the Oklahoma Department of Wildlife Conservation or as prescribed 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 animal 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 Department employee when complying with the provisions of subsection H of this 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, the 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 convicted of violating the provisions of this section or of making a false statement or giving any false information in order to acquire any license or permit, pursuant to the provisions of this section, shal l be punishable by a fine of not Req. No. 8123 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 less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00), or by imprisonment in the county jail for a period not to exceed ten (10) days, or by both such fine and imprisonment. Any person c onvicted of a second or subsequent violation of the provisions of this section or of making a false statement 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 fi ne 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 l icense issued to a person by the Department of Wildlife Conservation shall be automatically revoked upon conviction of the person of violating the provisions of this section. The revocation shall be for a period set by the court of not less than one (1) y ear 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. The court Req. No. 8123 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 shall send the Department of Wildlife Conservation the revoked license and 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. K. Any person who has had their license privileges revoked shall not be entitled to purchase, apply for, or exercise the benefits conferred by any license until the revoc ation period has expired or the person has obtained approval from the Director. Any person violating the provisions of this subsection, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in a c ounty 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 7. AMENDATORY 29 O.S. 2011, Section 4 -110, as last amended by Section 2, Chapter 229, O.S.L. 2017 (29 O.S. Supp. 2020, Section 4-110), is amended to read as follows: Section 4-110. A. Except as otherwise provided in the Oklahoma Wildlife Conservation Code, no person shall fish, pursue, harass, catch, kill, take in any manner, use, have in possession, sell, or transport all or any portion of fish without having first procured a license for such from the Director or from any of the authorized Req. No. 8123 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 agents of the Department of Wildlife Conservation. The Oklahoma Wildlife Conservation Commission may designate two (2) days per year in which residents and nonresidents may fish without first procuring a fishing license pursuant to the provisions of this sectio n. B. The following legal residents of Oklahoma shall be exempt from the annual fishing license requirements of subsection C of this section and the following nonresidents shall be exempt from the annual nonresident fishing licenses required pursuant to s ubsection E of this section: 1. Legal residents under sixteen (16) years of age and nonresidents under sixteen (16) years of age from states which do not require nonresident fishing licenses for persons under sixteen (16) years of age; 2. Legal residents sixty-five (65) years of age or older and nonresidents sixty-five (65) years of age or older from states which do not require nonresident fishing licenses for persons sixty -five (65) years of age or older, provided a legal resident has obtained a senior citizen lifetime fishing 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 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 Req. No. 8123 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 paragraph, no registration with the veterans registry shall be required. The Oklahoma Wildlife Conservation Commission shall promulgate any rules necessary to implement the provisions of this paragraph; 5. Legal resident owners or tenants, their spouses, parents, grandparents, children and their spouses, grandchildren and their spouses who fish in private ponds on land owned or leased by them; 6. Any legal resident or nonresident who is a patient of an institution of the State of Oklahoma established for the care and treatment of mental illness or alcohol or drug dependenc y or any developmentally disabled person residing in any group home or other institution or developmentally disabled persons when accompanied by an attendant of the institution or legal guardian of the patient, or when fishing on institutional property; 7. Any legal resident or nonresident under eighteen (18) years of age who is in the legal and physical custody of the State of Oklahoma or one of its agencies by court order; 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 Statutes; 9. Any legal resident or nonresident who is legally blind or who has any other physical impairment, as certified by a physician licensed in this state or any state which borders this state, which prevents the person from properly using fishing apparatus without Req. No. 8123 Page 15 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 assistance of another person, and any one person actually accompanying and actually assisting such legally blind or otherwise physically impaired person while the latter is fishing. This certification shall be carried by the individual while fishing; 10. Nonresidents under fourteen (14) years of age; 11. Any legal resident or nonresident who is a Job Corps trainee of this state, provide d that the trainees shall have on their persons a duly authorized identification card issued by their respective Job Corps Center and shall present the card upon request, in lieu of a fishing license. The trainees shall return their cards to their respective Job Corps Center when the trainees leave their respective Job Corps training programs; 12. Any legal resident having a proven disability which renders the resident nonambulatory and confined to a wheelchair as certified by a physician licensed in this state or any state which borders this state; 13. Any legal resident who is fishing with a pole and line, trotline, or throwline in streams, natural lakes, natural ponds, and mine pits in the county in which the person is a resident, or in streams, natural lakes, natural ponds, and mine pits which form a part of the boundary line of the county in which the person is a resident, when using any bait other than commercial or artificial bait, blood, stink bait, cut fish, and shrimp; and Req. No. 8123 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 14. Any legal resident or nonresident participating in an aquatic education event or clinic sanctioned by the Department of Wildlife Conservation. C. Except as otherwise provided for in the Oklahoma Wildlife Conservation Code, the resident fishing licenses issued pursuant to the provisions of this section and the fee for each shall be: 1. Annual fishing license for legal residents eighteen (18) years of age and older - Twenty-four Dollars ($24.00); 2. Annual fishing license for legal residents sixteen (16) or seventeen (17) years of age - Four Dollars ($4.00); and 3. Two-day fishing license for legal residents - Fourteen Dollars ($14.00). D. Of the fees collected pursuant to the provisions of paragraphs 1 and 3 of subsection C 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. E. Except as otherwise provided for in the Oklahoma Wildlife Conservation Code, the nonresident fishing licenses issued pursuant to the provisions of this section and the fee for each shall be: 1. Annual fishing license for nonresidents - Fifty-four Dollars ($54.00), provided the Commission may enter into reciprocity agreements with states wherein nonresident license fees shall be in conformity with such reciprocal agreements; Req. No. 8123 Page 17 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. Six-day fishing license for nonresidents – Thirty-four Dollars ($34.00); and 3. One-day fishing license for nonresidents - Fourteen Dollars ($14.00). F. Of the fees collected pursuant to the provisions of paragraphs 1, 2 and 3 of subsection E of this section, Five Dollars ($5.00) of the annual license fee for nonresidents, One Dollar and fifty cents ($1.50) of the six -day fishing license for nonresiden ts fee and One Dollar and fifty cents ($1.50) of the one -day fishing license for nonresidents fee shall be deposited in the Wildlife Land Acquisition Fund created pursuant to the provisions of Section 4 -132 of this title. Of the fees collected pursuant to the provisions of paragraphs 1, 2 and 3 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. Legal residents who have resided in this state for at least six (6) months and who are receiving Social Security Disability benefits, Supplemental Security Income benefits, disability benefits under the Railroad Retirement Act, 45 U.S.C.A., Section 231a, postal employees receiving disability benefits pursuant to 5 U.S.C., Section 8451 (1998) or legal residents who are one hundred percent (100%) disabled and are receiving disability payments from the Multiple Injury Trust Fun d pursuant to Section 403 of Title 85 of Req. No. 8123 Page 18 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 Oklahoma Statutes, may purchase a disability fishing license from the Director for Ten Dollars ($10.00) for five (5) years. H. 1. The Oklahoma Wildlife Conservation Commission shall prescribe, by rule, the for m, type, design, manner of issuance and the fee for these licenses, permits and stamps; and any rules necessary to implement the provisions of this section. C. Any person arrested while violating the provisions of this section who does not meet the requir ements of subsection K F of this section, may purchase a substitute temporary thirty -day license from the arresting game warden in lieu of posting bond. The Commission shall by rule determine the fee for a substitute license purchased pursuant to the prov isions of this subsection shall be: a. for legal residents, Fifty Dollars ($50.00), and b. for nonresidents, Ninety Dollars ($90.00). 2. Except as otherwise provided 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. D. Unless a substitute license is purchased as provided for by subsection H C of this section, any resident of this state 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) Fifty Dollars ($50.00) nor more than Two Hundred Req. No. 8123 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Dollars ($200.00) or by imprisonment in the county jail for a period not to exceed thirty (30) days, or by both said fine and imprisonment. J. E. Unless a substitute license is purchased as provided for by subsection H C of this section, any nonresident convicted of violating this section shall be punished by a fine of not less than Fifty Dollars ($50.00) One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00) or by imprisonment in the county jail for a period not more than thirty (30) days, or by both such f ine and imprisonment. K. F. Any person producing proof in court that a current fishing license issued by the Department of Wildlife Conservation to that person was in force at the time of the alleged offense shall be entitled to dismissal of a charge of v iolating this section upon payment of court costs. If proof of a current fishing 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 violation, the charge shall be dismissed without payment of court costs. G. The Oklahoma Wildlife Conservation Commission shall promulgate any rules necessary to implement the provisions of this section with legislative approval pursuant to t he Administrative Procedures Act. Req. No. 8123 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 8. AMENDATORY 29 O.S. 2011, Section 4 -112, as last amended by Section 3, Chapter 229, O.S.L. 2017 (29 O.S. Supp. 2020, Section 4-112), 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 except 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 year as free hunting days in which landowners and residents 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 requ irement of paragraph 1 of subsection E 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 sixteen (16) year s 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; Req. No. 8123 Page 21 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. 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 rec eived an exemption pursuant to this paragraph, no registration with the veterans registry shall be required; 5. Legal resident owners or tenants who hunt on land owned or leased by them; 6. Any nonresident under fourteen (14) years of age; 7. Legal residents having a proven disability which renders them nonambulatory and confines them to a wheelchair, as certified by a physician licensed in this state or in any state which borders this state; 8. Any legal resident or nonresident under eighteen (18) year s 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, 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. Req. No. 8123 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. Except as otherwise provided for in the Oklahoma Wildlife Conservation Code, the nonresident hunting licenses issued pursuant to this section and the fee for each license shall be: 1. Annual hunting license for nonresidents hunting game other than deer, antelope, elk or bear big game or combination big game and upland game in a commercial hunting area which expires on December 31 of the year purchased – One Hundred Forty-one Dollars ($141.00). Nonresidents hunting big game or combination big game and upland game in a commercial hunting area shall be required to have this license; and 2. Annual hunting license for nonresidents hunting game other than deer, antelope, elk or bear big game or combination big game and upland game in a commercial hunting area which expires on June 30 of the fiscal year purchased – 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; 3. Gun hunting license for deer for nonresidents which shall be valid for hunting al l deer allowed 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 purchas ed during the deer archery season it shall Req. No. 8123 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 expire at the end of that deer archery season – Two Hundred Seventy- nine Dollars ($279.00); 5. Primitive firearms hunting license for deer for nonresidents which shall be valid for hunting all deer allowed during the current calendar year deer primitive firearms season – Two Hundred Seventy- nine Dollars ($279.00); 6. Hunting license for antelope for nonresidents – Three Hundred Five Dollars ($305.00); 7. Hunting license for elk for nonresidents – Three Hundred Five Dollars ($305.00); 8. Five-day hunting license for nonresidents hunting game other than deer, antelope, elk, quail, turkey or bear – Seventy-four Dollars ($74.00); and 9. Ten-day hunting license for nonresidents hunting small game in a commercial hunting area – Five Dollars ($5.00). D. Of the fees collected pursuant to the provisions of subsection C of this section: 1. Five Dollars ($5.00) of the license fee of each license issued pursuant to paragraphs 1 through 7 of subsection C of this section and Two Dollars and fifty cents ($2.50) of the license fee for each license issued pursuant to paragraph 8 of subsection C of this section shall be deposited in the Wildlife Land Acquisition Fund created pursuant to the provisions of Section 4 -132 of this title; and Req. No. 8123 Page 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 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 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 o f 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); 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 Req. No. 8123 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Disability benefits, Supplemental Security Income benefits or disability benefits under the Railroad Retirement Act, 45 U.S.C.A., Section 231a, or residents who are one -hundred-percent disabled and are receiving disability payments from the Multiple Injury Trust Fund pursuant to Section 31 of Title 85A of the Oklahoma Statutes - Ten Dollars ($10.00); 7. Gun hunting license for deer for 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 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 subparagraph, no registration with the veterans registry shal l be required, and 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); Req. No. 8123 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 9. Archery hunting license for de er 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 per son 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 previously received the exemption pursu ant 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. 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- Req. No. 8123 Page 27 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 V eterans 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; 12. Primitive firearms hunting license for deer for residents under eighteen (18) years of age - Nine Dollars ($9.00); 13. Hunting license for elk for residents - Fifty Dollars ($50.00). Residents hunting in big game or combinat ion 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 are as shall be exempt from this license; and 15. Bonus, special or additional gun hunting license for deer for residents - Nineteen Dollars ($19.00). The following persons shall be exempt: a. residents with proper certification from the United States Department of Veterans Affairs or its successor, certifying that the person is a disabled Req. No. 8123 Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 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. F. Of the fees collected pursuant to the provisions of paragraphs 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. No license to hunt shall be required of any person engaged in training or working dogs, prov ided that person is in no way engaged in hunting and does not take or attempt to take in any manner any game The Oklahoma Wildlife Conservation Commission shall prescribe, by rule, the form, type, design, manner of issuance Req. No. 8123 Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and the fee for these licenses, permits and stamps; and any rules necessary to implement the provisions of this section . H. 1. C. Any person arrested for hunting game other than deer, antelope, elk, bear or turkey without a valid hunting license as required by the provisions of subsect ion 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 Commission shall, by rule, determine the fee for a substitute 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 pr ovided 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 wild life habitat. I. D. Any person producing proof in court that a current hunting license issued by the Department of Wildlife Conservation to that person was in force at the time of the alleged offense shall be entitled to dismissal of a charge of violating this section upon payment of court costs. If proof of a current hunting license Req. No. 8123 Page 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 violation, the charge shall be dismissed without payment of court costs. J. E. Unless a substitute license is purchased as provided for by subsection H C of this section, any resident convicted of violating the provisions of this section shall be pun ished by the imposition of a fine of not less than Twenty-five Dollars ($25.00) Fifty Dollars ($50.00) 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. F. Unless a substitute license is purchased as provided for by subsection H C 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. L. G. The Oklahoma Wildlife Conservation Commission shall promulgate any rules necessary to implement the provisions of thi s section. SECTION 9. AMENDATORY 29 O.S. 2011, Section 4 -132, as amended by Section 120, Chapter 304, O.S.L. 2012 (29 O.S. Supp. 2020, Section 4-132), is amended to read as follows: Req. No. 8123 Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 4-132. A. The Department of Wildlife C onservation is hereby authorized to issue an Oklahoma Wildlife Habitat Stamp to any person upon the voluntary payment of a fee of Ten Dollars ($10.00). Said fee shall be deposited in the Wildlife Land Acquisition Fund created in subsection C of this secti on. B. The Oklahoma Wildlife Conservation Commission shall promulgate rules specifying the form, design, and manner of issuance of said wildlife habitat stamp. C. There is hereby created in the State Treasury a revolving fund for the Oklahoma Wildlife Co nservation Commission to be designated the "Wildlife Land Acquisition Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received pursuant to the provisions of this section deposited by the Oklahoma Wildlife Conservation Commission. The Oklahoma Wildlife Conservation Commission is hereby authorized to invest all or part of the monies of said the fund in any investment permitted by a written investment policy adopted by the Wildlife Conservation Commission; provided, all investments shall be made in accordance with the Oklahoma Uniform Prudent Investor Act. Any interest or dividends accruing from such investments shall be deposited in the Wildlife Land Acquisition Fund. All monies accruing to the credit of said the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Wildlife Conservation Commission for the purposes specified in subsection D B of this Req. No. 8123 Page 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 section. Any monies withdrawn from said the fund by the Oklahoma Wildlife Conservation Commission for investment pursuant to this subsection shall be deemed to be for the purposes specified in subsection D B of this section. Expenditures from said the fund shall be made upon warrants issued by the State Treasurer agains t claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. D. B. The Wildlife Land Acquisition Fund shall be used by the Oklahoma Wildlife Conservation Commission for the acquisition on a willing-seller willing-buyer basis only, leasing, taking of easements, development, management, and enhancement of lands acquired pursuant to this section for the following purposes: 1. Management of game animals, protected animals and birds, furbearing animals, game birds, fish, and their restoration, propagation, and protection; and 2. Creation and management of public hunting, fishing, and trapping areas as places where the public may hunt, fish, or trap as authorized by law. E. C. The Oklahoma Wildlife Conservation Commission may accept private contributions, grants, and donations made for the purposes of this section. Any monies received pursuant to this subsection shall be deposited in the Wildlife Land Acquisition Fund created in subsection C A of this section. Any property received pursuant to this subsection which is not suitable for the purposes of this Req. No. 8123 Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 section may be sold by the Oklahoma Wildlife Conservation Commission and the proceeds from such sales shall be deposited in the Wildlife Land Acquisition Fund created in subsection C A of this section. F. D. Whenever the Oklahoma Wildlife Conservation Commission acquires title to land pursuant to this section, the Commission shall annually make in lieu of tax payments equal to the average ad valorem tax per acre paid on similar land in that county. Said payments Payments shall be made to the county treasurer of the county in which the land is located. E. The Oklahoma Wildlife Conservation Commission shall prescribe any rules necessary to implement the provisions of this section with legislative approval pursuant to the Administrative Procedures Act. SECTION 10. AMENDATORY 29 O.S. 2011, Section 4 -134, as amended by Section 121, Chapter 304, O.S.L. 2012 (29 O.S. Supp . 2020, Section 4-134), is amended to read as follows: Section 4-134. A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Wildlife Conservation Commission to be designated the "Wildlife Heritage Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received from senior citizen lifetime licenses issued pursuant to the provisions of paragraphs 4 through 6 of subsection B of Section 4 -114 of this title deposited by the Oklahoma Wildlife Conservation Commission. The Oklahoma Req. No. 8123 Page 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Wildlife Conservation Commission is hereby authorized to invest all or part of the monies of said the fund in any investment permitted by a written investment policy adopted by the Wildlife Conse rvation Commission; provided, all investments shall be made in accordance with the Oklahoma Uniform Prudent Investor Act. Any interest or dividends accruing from such investments shall be deposited in the Wildlife Heritage Fund. Only interest and dividen ds derived from the principle can be expended and are hereby appropriated and may be budgeted and expended by the Oklahoma Wildlife Conservation Commission for the purposes specified in subsection B of this section. Any monies withdrawn from said the fund by the Oklahoma Wildlife Conservation Commission for investment pursuant to this subsection shall be deemed to be for the purposes specified in subsection B of this section. Expenditures from said the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. B. The Wildlife Heritage Fund shall be used by the Oklahoma Wildlife Conservation Commission for the acquis ition of land on a willing-seller willing-buyer basis only, leasing of land, and the taking of easements, and for the development, management, and enhancement of such lands acquired pursuant to this section for the following purposes: Req. No. 8123 Page 35 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. Management of gam e animals, protected animals and birds, furbearing animals, game birds, fish, and their restoration, propagation, and protection; and 2. Creation and management of public hunting, fishing, and trapping areas as places where the public may hunt, fish, or t rap as authorized by law. C. The Oklahoma Wildlife Conservation Commission may accept private contributions, grants, and donations made for the purposes of this section. Any monies received pursuant to this subsection shall be deposited in the Wildlife H eritage Fund created in subsection A of this section. Any property received pursuant to this subsection which is not suitable for the purposes of this section may be sold by the Oklahoma Wildlife Conservation Commission and the proceeds from such sales sh all be deposited in the Wildlife Heritage Fund created in subsection A of this section. D. Whenever the Oklahoma Wildlife Conservation Commission acquires title to land pursuant to this section, the Commission shall annually make in lieu of tax payments e qual to the average ad valorem tax per acre paid on similar land in that county. Said payments Payments shall be made to the county treasurer of the county in which the land is located to be distributed by said the county treasurer in the manner provided for by law for ad valorem tax payments. Req. No. 8123 Page 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 11. AMENDATORY 29 O.S. 2011, Section 4 -141, is amended to read as follows: Section 4-141. A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Wildlife Conservation Commission to be designated the "Oklahoma Wildlife Land Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received pursuant to the provisions of Sections 4 -110, 4-112 and 4-113 of this title from fees for the Oklahoma Wildlife Land Stamp and required to be deposited in the fund, subsection G of Section 4 -114 of this title from fees for the Lifetime Oklahoma Wildlife Land Stamp and required to be deposited in the fund and any ot her monies received from fees for the Oklahoma Wildlife Land Stamp and required to be deposited in the fund deposited by the Commission . All monies accruing to the credit of the fund are hereby appropriated and shall be expended by the Commission as follows exclusively: 1. An amount equal to Four Dollars ($4.00) per stamp to be used to To retire the obligations and related expenses as authorized pursuant to Section 168.9 of Title 73 of the Oklahoma Statutes or to purchase, lease, or purchase easements on real property to be used as public hunting, fishing, and trapping areas; and 2. An amount equal to fifty cents ($0.50) per stamp to be used by the Commission for For the management of the real property acquired pursuant to Section 168.9 of Title 73 of the Oklahoma Req. No. 8123 Page 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Statutes or acquired with proceeds from the Oklahoma Wildlife Land Stamp fee. B. The Oklahoma Wildlife Conservation Commission shall prescribe any rules necessary to implement the provisions of this section with legislative approval pursuant to the Administrative Procedures Act. SECTION 12. REPEALER 29 O.S. 2011, Sections 4 -103, 4- 103A, 4-103B, 4-104, 4-104A, 4-105, 4-107, 4-108, 4-108A, 4-109, 4- 111, as amended by Section 1, Chapter 132, O.S.L. 2015, 4 -113, 4- 113A, 4-113.1, 4-114, as last amended by Section 4, Chapter 229, O.S.L. 2017, 4-115, 4-116, 4-117, 4-118, 4-119, 4-120, 4-121, 4-122, 4-123, 4-124, 4-128, 4-128.1, 4-129, 4-130, as amended by Section 1, Chapter 235, O.S.L. 2018, Section 1, Chapter 115, O.S.L. 2014, 4 - 136, as amended by Section 1, Chapter 134, O.S.L. 2016, 4 -138, as amended by Section 1, Chapter 167, O.S.L. 2015, 4 -140, as amended by Section 5, Chapter 229, O.S.L. 2017, 4 -143, 4-144 and 5-203 (29 O.S. Supp. 2020, Sections 4 -111, 4-114, 4-130, 4-135.1, 4-136, 4-138 and 4-140), are hereby repealed. SECTION 13. Sections 1, 2, 3, 4, 5, 9, 10 and 11 of this act shall become effective November 1, 2021. SECTION 14. Sections 6, 7, 8 and 12 of this act shall become effective September 1, 2022. 58-1-8123 AMM 04/08/21