49 | | - | An Act relating to game and fish; requiring license, |
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50 | | - | permit or stamp issued by Oklahoma Wildlife |
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51 | | - | Conservation Commission to hunt or fish; requiring |
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52 | | - | possession; directing the Commission to promulgate |
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53 | | - | rules to establish licenses; authorizing certain |
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54 | | - | discounts; requiring annual report; requiring fee |
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55 | | - | price increases to be no greater than certain price |
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56 | | - | index; requiring notification of fee price increase; |
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57 | | - | requiring approval of price fee increase above |
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58 | | - | certain price index; declaring certain authority; |
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59 | | - | requiring license for certain wildlife activities; |
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60 | | - | directing the Commission to promulgate rules |
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61 | | - | establishing licenses; providing penalties for |
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62 | | - | certain violations; directing the Commission to |
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63 | | - | promulgate rules establishing hunting and fishing |
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64 | | - | licenses amending 29 O.S. 2011, Section 4 -101, as |
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65 | | - | amended by Section 1, Chapter 341, O.S.L. 2013, 4 - |
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66 | | - | 110, as last amended by Section 2, Chapter 229, |
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67 | | - | O.S.L. 2017, 4-112, as last amended by Section 3, |
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68 | | - | Chapter 229, O.S.L. 2017, 4 -132, as amended by |
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69 | | - | Section 120, Chapter 304, O.S.L . 2012, 4-134, as |
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70 | | - | amended by Section 121, Chapter 304, O.S.L. 2012 and |
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71 | | - | 4-141 (29 O.S. Supp. 2020, Sections 4 -101, 4-110, 4- |
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72 | | - | 112, 4-132 and 4-134), which relate to licenses; |
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73 | | - | eliminating authority of Oklahoma citizen to demand |
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74 | | - | certain inspection; eliminating hunting license |
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75 | | - | expiration dates; modifying license duplication fee; |
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77 | | - | SB774 HFLR Page 2 |
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78 | | - | BOLD FACE denotes Committee Amendments. 1 |
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| 44 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 45 | + | SECTION 1. NEW LAW A new section of law to be codified |
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| 46 | + | in the Oklahoma Statutes as Section 4 -301 of Title 29, unless there |
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| 47 | + | is created a duplication in numbering, reads as follows: |
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| 48 | + | A. Except as otherwise provided, no person may hunt, pursue, |
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| 49 | + | trap, harass, catch, kill, take, or attempt to take in any manner, |
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| 50 | + | use, have in possession, sell, or transport al l or any portion of |
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| 51 | + | any wildlife including fish, or enter any land owned, leased or |
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| 52 | + | managed by the Department of Wildlife Conservation unless the person |
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| 53 | + | has first obtained a license, permit or stamp from the Director or |
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| 54 | + | any authorized agents of the De partment of Wildlife Conservation. |
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| 55 | + | Each person shall have the license, permit or stamp in their |
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| 56 | + | possession when hunting, fishing, taking or transporting any |
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| 57 | + | wildlife, and when entering any land owned, leased or managed by the |
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| 58 | + | Department. |
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| 59 | + | |
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| 60 | + | ENGR. S. B. NO. 774 Page 2 1 |
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103 | | - | eliminating fishing license exemptions; eliminating |
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104 | | - | resident and nonresident fishing license fees; |
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105 | | - | eliminating fishing license fee distribution |
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106 | | - | requirements; eliminating disability fishin g license; |
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107 | | - | directing the Commission to promulgate rules; |
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108 | | - | modifying fees and fines for certain fishing |
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109 | | - | violations; eliminating hunting license exemptions; |
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110 | | - | eliminating resident and nonresident hunting license |
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111 | | - | fees; eliminating hunting license fee distributio n |
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112 | | - | requirements; directing the Commission to promulgate |
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113 | | - | rules; modifying fees and fines for certain hunting |
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114 | | - | violations; eliminating wildlife habitat stamp; |
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115 | | - | modifying Wildlife Land Acquisition Fund contents; |
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116 | | - | directing the Commission to promulgate rules; |
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117 | | - | modifying Wildlife Heritage Fund contents; modifying |
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118 | | - | Oklahoma Wildlife Land Fund contents and |
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119 | | - | expenditures; directing the Commission to promulgate |
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120 | | - | rules; amending 29 O.S. 2011, Section 5 -203, which |
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121 | | - | relates to carrying firearms while training dogs; |
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122 | | - | modifying requirements to carry firearms in certain |
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123 | | - | places while training dogs; repealing 29 O.S. 2011, |
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124 | | - | Sections 4-103, 4-103A, 4-103B, 4-104, 4-104A, 4-105, |
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125 | | - | 4-106, as amended by Section 2, Chapter 353, O.S.L. |
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126 | | - | 2017, 4-107, 4-108, 4-108A, 4-109, 4-111, as amended |
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127 | | - | by Section 1, Chapter 132, O.S.L. 2015, 4 -113, 4- |
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128 | | - | 113A, 4-113.1, Section 1, Chapter 77, O.S.L. 2019, 4 - |
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129 | | - | 114, as last amended by Section 4, Chapter 229, |
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130 | | - | O.S.L. 2017, 4-114, as amended by Section 1, Chapter |
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131 | | - | 112, O.S.L. 2014, 4-115, 4-116, 4-117, 4-118, 4-119, |
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132 | | - | 4-120, 4-121, 4-122, 4-123, 4-124, 4-128, 4-128.1, 4- |
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133 | | - | 129, 4-130, as amended by Section 1, Chapter 235, |
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134 | | - | O.S.L. 2018, Section 1, Chapter 115, O.S.L. 2014, 4 - |
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135 | | - | 136, as amended by Section 1, Chapter 134, O.S.L. |
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136 | | - | 2016, 4-138, as amended by Section 1, Chapter 167, |
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137 | | - | O.S.L. 2015, 4-140, as amended by Section 5, Chapter |
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138 | | - | 229, O.S.L. 2017, 4-143, 4-144 and 5-203 (29 O.S. |
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139 | | - | Supp. 2020, Sections 4 -106, 4-111, 4-113.2, 4-114, 4- |
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140 | | - | 114, 4-130, 4-135.1, 4-136, 4-138 and 4-140), which |
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141 | | - | relate to hunting and fishing licenses; providing for |
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142 | | - | codification; and providing an effective date. |
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| 85 | + | B. The Oklahoma Wildlife Conservation Commission shall |
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| 86 | + | prescribe by rule the form, type, design, manner of issuance and the |
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| 87 | + | fee for these licenses, permits and stamps and any rules necessary |
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| 88 | + | to implement the provisions of this section; provided that the |
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| 89 | + | Commission shall offer, but not be limited to, a three-hundred- |
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| 90 | + | sixty-five-day hunting and fishing license. |
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| 91 | + | C. The Commission may by rule or resolution designate |
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| 92 | + | discounts, sales or exemptions to any license, permit or stamp. |
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| 93 | + | D. The Department of Wildlife Conservation shall annually |
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| 94 | + | provide a report to the President Pro Tempore of the Senate, the |
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| 95 | + | Chair of the Agriculture and Wildlife Committee of the Senate and |
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| 96 | + | the Speaker of the House of Representatives and the Chair of the |
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| 97 | + | Wildlife Committee of the House of Representatives by February 1 |
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| 98 | + | setting forth information regarding license types and fees created |
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| 99 | + | pursuant to subsections A, B and C of this section , as well as the |
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| 100 | + | resulting license sales and revenue. |
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| 101 | + | E. Notwithstanding the provision s of this act, the legislature, |
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| 102 | + | under Article 5, Section 36 of the Oklahoma Constitution, maintains |
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| 103 | + | its authority over the Oklahoma Department of Wildlife as prescribed |
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| 104 | + | by Section 1-101 et seq. of Title 29 of the Oklahoma Statutes, |
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| 105 | + | except as limited by the provisions of Article 26 of the Oklahoma |
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| 106 | + | Constitution. |
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178 | | - | A. Except as otherwise provided, no person may hunt, pursue, |
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179 | | - | trap, harass, catch, kill, take, or attempt to take in any manner, |
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180 | | - | use, have in possession, sell, or transport all or any portion of |
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181 | | - | any wildlife including fish, or enter any land owned, leased or |
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182 | | - | managed by the Department of Wildlife Conservation unless the person |
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183 | | - | has first obtained a license, permit or stamp from the Director or |
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184 | | - | any authorized agents of the Department of Wildlife Conservatio n. |
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185 | | - | Each person shall have the license, permit or stamp in their |
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186 | | - | possession when hunting, fishing, taking or transporting any |
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187 | | - | wildlife, and when entering any land owned, leased or managed by the |
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188 | | - | Department. |
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189 | | - | B. The Oklahoma Wildlife Conservation Commission shall |
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| 136 | + | A. The Oklahoma Wildlife Conservation Commission shall |
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191 | | - | the fee for these licenses, permits and stamps and any rules |
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192 | | - | necessary to implement the provisions of this section; provided that |
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193 | | - | the Commission shall offer, but not be limited to, a three-hundred- |
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194 | | - | sixty-five-day hunting and fishing license. |
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195 | | - | C. The Commission may by rule or resolution designate |
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196 | | - | discounts, sales or exemptions to any license, permit or stamp. |
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197 | | - | D. The Department of Wildlife Conservation shall annually |
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198 | | - | provide a report to the President Pro Tempore of the Senate, the |
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| 138 | + | the fee for these licenses, permits and stamps; and any rules |
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| 139 | + | necessary to implement the provisions of this secti on. |
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| 140 | + | B. 1. Any person convicted of viol ating the provisions of this |
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| 141 | + | section shall have the commercial license revoked and forfeit the |
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| 142 | + | privileges provided by the license. No new license shall be issued |
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| 143 | + | for a period of at least six (6) months from and afte r the date on |
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| 144 | + | which the revocation order becomes effective. |
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| 145 | + | 2. Any person convicted of violating the provisions of this |
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| 146 | + | section shall be punished by a fine of no less than One Thousand |
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| 147 | + | Dollars ($1,000.00) or by imprisonment in the county jail for a |
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| 148 | + | period not to exceed six (6) months, or by con fiscation of gear, or |
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| 149 | + | by a combination of fine, imprisonment, and confiscation. |
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| 150 | + | SECTION 3. NEW LAW A new section of law to be codified |
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| 151 | + | in the Oklahoma Statutes as Section 4 -303 of Title 29, unless there |
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| 152 | + | is created a duplication in n umbering, reads as follows: |
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| 153 | + | A. Except as otherwise provided in this title or in the |
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| 154 | + | Oklahoma Farmed Cervidae Act, no person may breed or raise wildlife |
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| 155 | + | for personal consumption or noncommercial purposes, or kill or |
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| 156 | + | capture wildlife or take their nests or eggs for scientific purposes |
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226 | | - | Chair of the Agriculture and Wildlife Committee of the Senate and |
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227 | | - | the Speaker of the House of Representatives and the Chair of the |
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228 | | - | Wildlife Committee of the House of Representatives by February 1 of |
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229 | | - | each year setting forth information regarding license types and fees |
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230 | | - | created pursuant to subsections A, B and C of this section, as well |
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231 | | - | as the resulting license sales and revenue. |
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232 | | - | E. Except as otherwise provided in this subsection, the |
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233 | | - | Commission may promulgate rul es to increase the fee of a license, |
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234 | | - | permit or stamp by an amount no greater than the most recent annual |
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235 | | - | percentage change in the United States Bureau of Labor Statistics |
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236 | | - | Consumer Price Index for All Urban Consumers (CPI -U) for the South |
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237 | | - | Region statistical area for all items and all goods. |
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238 | | - | 1. Fee increases that do not exceed the annual percentage |
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239 | | - | change in the CPI-U shall not be effective until the Commission |
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240 | | - | notifies the appropriate entities as specified in the reporting |
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241 | | - | requirements outlined in subsect ion D of this section and until fee |
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242 | | - | changes are permanently approved pursuant to the Administrative |
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243 | | - | Procedures Act. |
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244 | | - | 2. The Commission may propose fee increases in excess of the |
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245 | | - | annual percentage change in the CPI -U only with approval of a |
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246 | | - | majority vote both of the Wildlife Committees of the House of |
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247 | | - | Representatives and the Oklahoma State Senate. Nothing in this |
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248 | | - | section shall prevent the Commission from reducing the fee(s) of |
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249 | | - | licenses, permits and stamps. |
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| 183 | + | without having first procured a license from the State Wildlife |
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| 184 | + | Conservation Director. |
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| 185 | + | B. The Oklahoma Wildlife Conservation Commission shall |
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| 186 | + | prescribe, by rule, the form, type, design, manner of issuance and |
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| 187 | + | the fee for these licenses, permits and stamps; and any rules |
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| 188 | + | necessary to implement the provisions of this section. |
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| 189 | + | C. 1. Any person convicted of violating the provisions of this |
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| 190 | + | section shall have the noncommercial license revoke d and forfeit the |
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| 191 | + | privileges provided by the license. No new license shall be issued |
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| 192 | + | for a period of at least six (6) months from and after the date on |
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| 193 | + | which the revocation order becomes effective. |
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| 194 | + | 2. Any person convicted of violating the provisions of t his |
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| 195 | + | section shall be punished by a fine of not less than Fifty Dollars |
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| 196 | + | ($50.00) nor more than Five Hundred Dollars ($500.00). |
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| 197 | + | SECTION 4. NEW LAW A new section of law to be codified |
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| 198 | + | in the Oklahoma Statutes as Section 110.1 of Title 29, unless there |
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| 199 | + | is created a duplicatio n in numbering, reads as follows: |
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| 200 | + | The Oklahoma Wildlife C onservation Commission shall prescribe by |
---|
| 201 | + | administrative rule the form, type, design, manner of issuance and |
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| 202 | + | the fee for fishing licenses. |
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| 203 | + | SECTION 5. NEW LAW A new section of law to be codified |
---|
| 204 | + | in the Oklahoma Statutes as Section 110.2 of Title 29, unless there |
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| 205 | + | is created a duplication in numbering, reads as follows: |
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277 | | - | F. Notwithstanding the provisions of this act, t he Legislature, |
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278 | | - | under Article V, Section 36 of the Oklahoma Constitution, maintains |
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279 | | - | its authority over the Oklahoma Department of Wildlife Conservation |
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280 | | - | as prescribed by Section 1 -101 et seq. of Title 29 of the Oklahoma |
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281 | | - | Statutes, except as limited by the pr ovisions of Article XXVI of the |
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282 | | - | Oklahoma Constitution. |
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283 | | - | SECTION 2. NEW LAW A new section of law to be codified |
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284 | | - | in the Oklahoma Statutes as Section 4 -302 of Title 29, unless there |
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285 | | - | is created a duplication in numbering, reads as follow s: |
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286 | | - | A. Except as otherwise provided in this section or the Oklahoma |
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287 | | - | Farmed Cervidae Act, no person shall breed, possess, raise, sell, |
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288 | | - | buy, transport out of state, export or take for commercial purposes |
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289 | | - | any wildlife, including fish, unless having first proc ured a license |
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290 | | - | for such purpose from the Oklahoma Wildlife Conservation Director, |
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291 | | - | pursuant to the rule promulgated by the Oklahoma Wildlife |
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292 | | - | Conservation Commission. |
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293 | | - | B. The Oklahoma Wildlife Conservation Commission shall |
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294 | | - | prescribe, by rule, the form, type, design, manner of issuance and |
---|
295 | | - | the fee for these licenses, permits and stamps; and any rules |
---|
296 | | - | necessary to implement the provisions of this section. |
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297 | | - | C. 1. Any person convicted of violating the provisions of this |
---|
298 | | - | section shall have the commercial license revoked and forfeit the |
---|
299 | | - | privileges provided by the license. No new license shall be issued |
---|
| 232 | + | The Oklahoma Wildlife Conservation Commission shall prescribe, |
---|
| 233 | + | by administrative rule, the form, type, design, m anner of issuance |
---|
| 234 | + | and the fee for hunting licenses. |
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| 235 | + | SECTION 6. AMENDATORY 29 O.S. 2011, Section 4 -101, as |
---|
| 236 | + | amended by Section 1, Chapter 341, O.S.L. 2013 (29 O.S. Supp. 20 20, |
---|
| 237 | + | Section 4-101), is amended to read as follows: |
---|
| 238 | + | Section 4-101. A. All licenses and permits issued by the |
---|
| 239 | + | Director of State Wildlife Conservation Director, the Department of |
---|
| 240 | + | Wildlife Conservation or by any of its agents shall be used only in |
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| 241 | + | conformity with the provisions of this title and the ru les |
---|
| 242 | + | promulgated by the Oklahoma Wildlife Conservation Commission. |
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| 243 | + | B. All persons making application for any licenses required by |
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| 244 | + | this section shall produce a valid license to operate a motor |
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| 245 | + | vehicle or other positive proof of identification, age and |
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| 246 | + | residency, and any such license issued shall show such data as well |
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| 247 | + | as the date and time of issuance. |
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| 248 | + | C. All licenses are nontransferable. No person shall alter, |
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| 249 | + | change, lend or transfer any license. No person shall use or borrow |
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| 250 | + | a license which has not been issued to that person by the Director, |
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| 251 | + | the Department or by any of its agents pursuant to the provisions of |
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| 252 | + | this section. |
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| 253 | + | D. No person may engage in activities requiring a license |
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| 254 | + | without that person’s carrying such license on their person an d |
---|
327 | | - | for a period of at least six (6) months from and after the date on |
---|
328 | | - | which the revocation order becomes effective. |
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329 | | - | 2. Any person convicted of violating the provision s of this |
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330 | | - | section shall be punished by a fine of not less than One Thousand |
---|
331 | | - | Dollars ($1,000.00) or by imprisonment in the county jail for a |
---|
332 | | - | period not to exceed six (6) months, or by confiscation of gear, or |
---|
333 | | - | by a combination of fine, imprisonment, and conf iscation. |
---|
334 | | - | SECTION 3. NEW LAW A new section of law to be codified |
---|
335 | | - | in the Oklahoma Statutes as Section 4 -303 of Title 29, unless there |
---|
336 | | - | is created a duplication in numbering, reads as follows: |
---|
337 | | - | A. Except as otherwise provided in this t itle or in the |
---|
338 | | - | Oklahoma Farmed Cervidae Act, no person may breed or raise wildlife |
---|
339 | | - | for personal consumption or noncommercial purposes, or kill or |
---|
340 | | - | capture wildlife or take their nests or eggs for scientific purposes |
---|
341 | | - | without having first procured a license f rom the State Wildlife |
---|
342 | | - | Conservation Director. |
---|
343 | | - | B. The Oklahoma Wildlife Conservation Commission shall |
---|
344 | | - | prescribe, by rule, the form, type, design, manner of issuance and |
---|
345 | | - | the fee for these licenses, permits and stamps; and any rules |
---|
346 | | - | necessary to implement th e provisions of this section. |
---|
347 | | - | C. 1. Any person convicted of violating the provisions of this |
---|
348 | | - | section shall have the noncommercial license revoked and forfeit the |
---|
349 | | - | privileges provided by the license. No new license shall be issued |
---|
| 281 | + | producing the same for an inspection upon the demand of any Oklahoma |
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| 282 | + | citizen or game warden. |
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| 283 | + | E. Any person required to produce a license must also identify |
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| 284 | + | themselves as the person to whom such license was issued, and |
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| 285 | + | failure or refusal to comply shall be deemed prima facie evidence of |
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| 286 | + | a violation of this section. |
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| 287 | + | F. Unless otherwise provided in this Code: |
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| 288 | + | 1. Hunting licenses issued pursuant to paragraph 1 of |
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| 289 | + | subsection C and paragraphs 1 and 3 of subsection E of Section 4 -112 |
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| 290 | + | of this title and paragra phs 1 and 3 of subsection B of Section 4- |
---|
| 291 | + | 113 of this title shall expire on December 31 of the year issued. |
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| 292 | + | Hunting licenses issued pursuant to paragraph 2 of subsection C and |
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| 293 | + | paragraphs 2 and 4 of subsection E of Section 4 -112 of this title |
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| 294 | + | and paragraphs 2 and 4 of subsection B of Section 4-113 of this |
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| 295 | + | title shall expire on June 30 of the fiscal year issued. All other |
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| 296 | + | licenses shall terminate December 31 for the year issued; and |
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| 297 | + | 2. Any, any person convicted of violating any of the provisions |
---|
| 298 | + | of this title may have any or all licenses held by that person or |
---|
| 299 | + | the privilege of applying for, purchasing or exercising the benefits |
---|
| 300 | + | conferred by the licenses revoked by the Department in accordance |
---|
| 301 | + | with rules promulgated by the Commission or by a court of competen t |
---|
| 302 | + | jurisdiction for a period of not less than one (1) year. For |
---|
| 303 | + | purposes of this paragraph, a court conviction, a plea of guilty, a |
---|
| 304 | + | plea of nolo contendere, the imposition of a deferred or suspended |
---|
377 | | - | for a period of at least six (6) months from and after the date on |
---|
378 | | - | which the revocation order becomes effective. |
---|
379 | | - | 2. Any person convicted of violating the provisions of this |
---|
380 | | - | section shall be punished by a fine of not less than Fifty Dollars |
---|
381 | | - | ($50.00) nor more than Five Hundred Dol lars ($500.00). |
---|
382 | | - | SECTION 4. NEW LAW A new section of law to be codified |
---|
383 | | - | in the Oklahoma Statutes as Section 110.1 of Title 29, unless there |
---|
384 | | - | is created a duplication in numbering, reads as follows: |
---|
385 | | - | The Oklahoma Wildlife Conservation C ommission shall prescribe, |
---|
386 | | - | by administrative rule, the form, type, design, manner of issuance |
---|
387 | | - | and the fee for fishing licenses. |
---|
388 | | - | SECTION 5. NEW LAW A new section of law to be codified |
---|
389 | | - | in the Oklahoma Statutes as Section 110.2 of Titl e 29, unless there |
---|
390 | | - | is created a duplication in numbering, reads as follows: |
---|
391 | | - | The Oklahoma Wildlife Conservation Commission shall prescribe, |
---|
392 | | - | by administrative rule, the form, type, design, manner of issuance |
---|
393 | | - | and the fee for hunting licenses. |
---|
394 | | - | SECTION 6. AMENDATORY 29 O.S. 2011, Section 4 -101, as |
---|
395 | | - | amended by Section 1, Chapter 341, O.S.L. 2013 (29 O.S. Supp. 2020, |
---|
396 | | - | Section 4-101), is amended to read as follows: |
---|
397 | | - | Section 4-101. A. All licenses and permits issued by the |
---|
398 | | - | Director of State Wildlife Conservation Director, the Department of |
---|
399 | | - | Wildlife Conservation or by any of its agents shall be used only in |
---|
| 331 | + | sentence by a court, or forfeiture of bond shall be deeme d a |
---|
| 332 | + | conviction. |
---|
| 333 | + | G. Should any license or permit issued pursuant to Part 1 of |
---|
| 334 | + | Article IV of this title be lost or destroyed, duplicates will be |
---|
| 335 | + | issued by the Department at a fee of One Dollar and fifty cents |
---|
| 336 | + | ($1.50) determined by the Commission . |
---|
| 337 | + | H. Upon harvesting any whitetail or mule deer, or any other |
---|
| 338 | + | wildlife where the hunter, according to Commission rules, is |
---|
| 339 | + | required to check the wildlife in at a Department check station, the |
---|
| 340 | + | taker of the wildlife shall: |
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| 341 | + | 1. Securely attach the name of the taker, tim e of harvest, date |
---|
| 342 | + | of harvest and license number to the carcass of the wildlife; |
---|
| 343 | + | 2. Check in the carcass of the wildlife electronically using |
---|
| 344 | + | the online check station provided on the official website of the |
---|
| 345 | + | Oklahoma Department of Wildlife Conservation or as prescribed by |
---|
| 346 | + | rule of the Commission, within twenty-four (24) hours of leaving the |
---|
| 347 | + | hunt area and in all cases prior to processing the carcass; and |
---|
| 348 | + | 3. Not remove evidence of the sex of the animal until after the |
---|
| 349 | + | carcass of the animal has been checked in . |
---|
| 350 | + | I. It shall be unlawful for any license or permit holder to |
---|
| 351 | + | knowingly make a false statement or give false information to any |
---|
| 352 | + | authorized hunter check station or to an authorized Department |
---|
| 353 | + | employee when complying with the provisions of subsection H of t his |
---|
| 354 | + | section. Information which may be collected at a Department check |
---|
427 | | - | conformity with the provisions of this title and the rules |
---|
428 | | - | promulgated by the Oklahoma Wildlife Conservation Commission. |
---|
429 | | - | B. All persons making application for any licenses required by |
---|
430 | | - | this section shall produce a valid license to operate a motor |
---|
431 | | - | vehicle or other positive proof of identification, age and |
---|
432 | | - | residency, and any such license issued shall show such data as well |
---|
433 | | - | as the date and time of issuance. |
---|
434 | | - | C. All licenses are nontransferable. No person shall alter, |
---|
435 | | - | change, lend or transfer any license. No person shall use or borrow |
---|
436 | | - | a license which has not been issued to that person by the Director, |
---|
437 | | - | the Department or by any of its agents purs uant to the provisions of |
---|
438 | | - | this section. |
---|
439 | | - | D. No person may engage in activities requiring a license |
---|
440 | | - | without that person’s carrying such license on their person and |
---|
441 | | - | producing the same for an inspection upon the demand of any Oklahoma |
---|
442 | | - | citizen or game warden. |
---|
443 | | - | E. Any person required to produce a license must also identify |
---|
444 | | - | themselves as the person to whom such license was issued, and |
---|
445 | | - | failure or refusal to comply shall be deemed prima facie evidence of |
---|
446 | | - | a violation of this section. |
---|
447 | | - | F. Unless otherwise provided in this Code: |
---|
448 | | - | 1. Hunting licenses issued pursuant to paragraph 1 of |
---|
449 | | - | subsection C and paragraphs 1 and 3 of subsection E of Section 4 -112 |
---|
450 | | - | of this title and paragraphs 1 and 3 of subsection B of Section 4 - |
---|
| 381 | + | station shall include but not be limited to the name, address, |
---|
| 382 | + | license or permit number and signature of the taker, the date, time, |
---|
| 383 | + | county, method or weapon of the kill, sex and weight of carcass, |
---|
| 384 | + | whether or not the animal was taken on public hunting land and if so |
---|
| 385 | + | in what area, or any other information which may be required by the |
---|
| 386 | + | Commission. |
---|
| 387 | + | J. 1. Any person convicted of violating the provisions of this |
---|
| 388 | + | section or of making a false s tatement or giving any false |
---|
| 389 | + | information in order to acquire any license or permit, pursuant to |
---|
| 390 | + | the provisions of this section, shall be punishable by a fine of not |
---|
| 391 | + | less than One Hundred Dollars ($100.00) nor more than Two Hundred |
---|
| 392 | + | Fifty Dollars ($250.00), or by imprisonment in the county jail for a |
---|
| 393 | + | period not to exceed ten (10) days, or by both such fine and |
---|
| 394 | + | imprisonment. Any person convicted of a second or subsequent |
---|
| 395 | + | violation of the provisions of this section or of making a false |
---|
| 396 | + | statement or giving any false information in order to acquire any |
---|
| 397 | + | license or permit, pursuant to the provisions of this section, shall |
---|
| 398 | + | be punishable by a fine of not less than Two Hundred Fifty Dollars |
---|
| 399 | + | ($250.00) nor more than Seven Hundred Fifty Dollars ($750.00), or by |
---|
| 400 | + | imprisonment in the county jail for a period not to exceed ten (10) |
---|
| 401 | + | days, or by both such fine and imprisonment. |
---|
| 402 | + | 2. Any hunting or fishing license issued to a person by the |
---|
| 403 | + | Department of Wildlife Conservation shall be automatically revoked |
---|
| 404 | + | upon conviction of the p erson of violating the provisions of this |
---|
478 | | - | 113 of this title shall expire on December 31 of the y ear issued. |
---|
479 | | - | Hunting licenses issued pursuant to paragraph 2 of subsection C and |
---|
480 | | - | paragraphs 2 and 4 of subsection E of Section 4 -112 of this title |
---|
481 | | - | and paragraphs 2 and 4 of subsection B of Section 4 -113 of this |
---|
482 | | - | title shall expire on June 30 of the fiscal y ear issued. All other |
---|
483 | | - | licenses shall terminate December 31 for the year issued; and |
---|
484 | | - | 2. Any, any person convicted of violating any of the provisions |
---|
485 | | - | of this title may have any or all licenses held by that person or |
---|
486 | | - | the privilege of applying for, purchasin g or exercising the benefits |
---|
487 | | - | conferred by the licenses revoked by the Department in accordance |
---|
488 | | - | with rules promulgated by the Commission or by a court of competent |
---|
489 | | - | jurisdiction for a period of not less than one (1) year. For |
---|
490 | | - | purposes of this paragraph, a c ourt conviction, a plea of guilty, a |
---|
491 | | - | plea of nolo contendere, the imposition of a deferred or suspended |
---|
492 | | - | sentence by a court, or forfeiture of bond shall be deemed a |
---|
493 | | - | conviction. |
---|
494 | | - | G. Should any license or permit issued pursuant to Part 1 of |
---|
495 | | - | Article IV of this title be lost or destroyed, duplicates will be |
---|
496 | | - | issued by the Department at a fee of One Dollar and fifty cents |
---|
497 | | - | ($1.50) determined by the Commission . |
---|
498 | | - | H. Upon harvesting any whitetail or mule deer, or any other |
---|
499 | | - | wildlife where the hunter, according to Comm ission rules, is |
---|
500 | | - | required to check the wildlife in at a Department check station, the |
---|
501 | | - | taker of the wildlife shall: |
---|
| 431 | + | section. The revocation shall be for a period set by the court of |
---|
| 432 | + | not less than one (1) year nor more than ten (10) years. If the |
---|
| 433 | + | court does not set a period, the revocation shall be for one (1) |
---|
| 434 | + | year from the date of the conviction. During this period of |
---|
| 435 | + | revocation, the Department shall not issue the person a hunting or |
---|
| 436 | + | fishing license. If the court does not set a revocation period, the |
---|
| 437 | + | Department shall not issue that person a license within one (1) year |
---|
| 438 | + | of the conviction of the person pursuant to this section. A person |
---|
| 439 | + | who has a license or permit revoked pursuant to this section shall |
---|
| 440 | + | surrender the revoked license or permit to the court. The court |
---|
| 441 | + | shall send the Department of Wildlife Conservation the revoked |
---|
| 442 | + | license and a copy of the judgment of conviction. For purposes of |
---|
| 443 | + | this section, “conviction” shall include a plea of guilty or nolo |
---|
| 444 | + | contendere to an offense or the imposition of deferred adjudication |
---|
| 445 | + | for an offense. |
---|
| 446 | + | K. Any person who has had their licens e privileges revoked |
---|
| 447 | + | shall not be entitled to purchase, apply for, or exercise the |
---|
| 448 | + | benefits conferred by any license until the revocation period has |
---|
| 449 | + | expired or the person has obtained approval from the Director. Any |
---|
| 450 | + | person violating the provisions of this subsection, upon conviction, |
---|
| 451 | + | shall be punished by a fine of not more than Five Hundred Dollars |
---|
| 452 | + | ($500.00), or by imprisonment in a county jail for a term of not |
---|
| 453 | + | more than ninety (90) days or by both the fine and imprisonment. |
---|
| 454 | + | Upon conviction under this su bsection, the previously granted |
---|
529 | | - | 1. Securely attach the name of the taker, time of harvest, date |
---|
530 | | - | of harvest and license number to the carcass of the wildlife; |
---|
531 | | - | 2. Check in the carcass of the wildlife electronically using |
---|
532 | | - | the online check station provided on the official website of the |
---|
533 | | - | Oklahoma Department of Wildlife Conservation or as prescribed by |
---|
534 | | - | rule of the Commission, within twenty -four (24) hours of leaving the |
---|
535 | | - | hunt area and in all cases prior to processing the carcass; and |
---|
536 | | - | 3. Not remove evidence of the sex of the animal until after the |
---|
537 | | - | carcass of the animal has been checked in. |
---|
538 | | - | I. It shall be unlawful for any license or permit holder to |
---|
539 | | - | knowingly make a false statement or give false information to any |
---|
540 | | - | authorized hunter check station or to an authorized Department |
---|
541 | | - | employee when complying with the provisions of subsection H of this |
---|
542 | | - | section. Information which may be collected at a Department check |
---|
543 | | - | station shall include bu t not be limited to the name, address, |
---|
544 | | - | license or permit number and signature of the taker, the date, time, |
---|
545 | | - | county, method or weapon of the kill, sex and weight of carcass, |
---|
546 | | - | whether or not the animal was taken on public hunting land and if so |
---|
547 | | - | in what area, or any other information which may be required by the |
---|
548 | | - | Commission. |
---|
549 | | - | J. 1. Any person convicted of violating the provisions of this |
---|
550 | | - | section or of making a false statement or giving any false |
---|
551 | | - | information in order to acquire any license or permit, pursuant to |
---|
552 | | - | the provisions of this section, shall be punishable by a fine of not |
---|
| 481 | + | license revocation period shall be extended by two (2) additional |
---|
| 482 | + | years. |
---|
| 483 | + | SECTION 7. AMENDATORY 29 O.S. 2011, Section 4 -110, as |
---|
| 484 | + | last amended by Section 2, Chapter 229, O.S.L. 2017 (29 O.S. Supp. |
---|
| 485 | + | 2020, Section 4-110), is amended to read as follows: |
---|
| 486 | + | Section 4-110. A. Except as otherwise provided in the Oklahoma |
---|
| 487 | + | Wildlife Conservation Code, no person shall fish, pursue, harass, |
---|
| 488 | + | catch, kill, take in any manner, use, have in possession, sell, or |
---|
| 489 | + | transport all or any portion of fish without having first procured a |
---|
| 490 | + | license for such from the Director or from any of the authorized |
---|
| 491 | + | agents of the Department of Wildlife Conservation. The Oklahoma |
---|
| 492 | + | Wildlife Conservation Commission may designate two (2) days per year |
---|
| 493 | + | in which residents and nonresidents may fish without first procuring |
---|
| 494 | + | a fishing license pursuant to the provisions of this section. |
---|
| 495 | + | B. The following legal residents of Oklahoma shall be exempt |
---|
| 496 | + | from the annual fishing license requirements of subsection C of this |
---|
| 497 | + | section and the following nonresidents shall be exempt from the |
---|
| 498 | + | annual nonresident fishing licenses required pursuant to subsection |
---|
| 499 | + | E of this section: |
---|
| 500 | + | 1. Legal residents under sixteen (16) years of age and |
---|
| 501 | + | nonresidents under sixteen (16) years of age fro m states which do |
---|
| 502 | + | not require nonresident fishing licenses for persons under sixteen |
---|
| 503 | + | (16) years of age; |
---|
580 | | - | less than One Hundred Dollars ($100.00) nor more than Two Hundred |
---|
581 | | - | Fifty Dollars ($250.00), or by imprisonment in the county jail for a |
---|
582 | | - | period not to exceed ten (10) days, or by both such fine and |
---|
583 | | - | imprisonment. Any person convicted of a second or subsequent |
---|
584 | | - | violation of the provisions of this section or of making a false |
---|
585 | | - | statement or giving any false information in order to acquire any |
---|
586 | | - | license or permit, pursuant to the provisions of this section, shall |
---|
587 | | - | be punishable by a fine of not less than Two Hundred Fifty Dollars |
---|
588 | | - | ($250.00) nor more than Seven Hundred Fifty Dollars ($750.00), or by |
---|
589 | | - | imprisonment in the county jail for a period not to exceed ten (10) |
---|
590 | | - | days, or by both such fine and impri sonment. |
---|
591 | | - | 2. Any hunting or fishing license issued to a person by the |
---|
592 | | - | Department of Wildlife Conservation shall be automatically revoked |
---|
593 | | - | upon conviction of the person of violating the provisions of this |
---|
594 | | - | section. The revocation shall be for a period set by the court of |
---|
595 | | - | not less than one (1) year nor more than ten (10) years. If the |
---|
596 | | - | court does not set a period, the revocation shall be for one (1) |
---|
597 | | - | year from the date of the conviction. During this period of |
---|
598 | | - | revocation, the Department shall not issue the pers on a hunting or |
---|
599 | | - | fishing license. If the court does not set a revocation period, the |
---|
600 | | - | Department shall not issue that person a license within one (1) year |
---|
601 | | - | of the conviction of the person pursuant to this section. A person |
---|
602 | | - | who has a license or permit revoke d pursuant to this section shall |
---|
603 | | - | surrender the revoked license or permit to the court. The court |
---|
| 530 | + | 2. Legal residents sixty-five (65) years of age or older and |
---|
| 531 | + | nonresidents sixty-five (65) years of age or older from states which |
---|
| 532 | + | do not require nonres ident fishing licenses for persons sixty-five |
---|
| 533 | + | (65) years of age or older, provided a legal resident has obtained a |
---|
| 534 | + | senior citizen lifetime fishing or combination hunting and fishing |
---|
| 535 | + | license pursuant to the provisions of Section 4 -114 of this title; |
---|
| 536 | + | 3. Legal residents born on or before January 1, 1923; |
---|
| 537 | + | 4. Legal resident veterans having a disability of sixty percent |
---|
| 538 | + | (60%) or more and registered with the veterans registry created by |
---|
| 539 | + | the Oklahoma Department of Veterans Affairs; provided, that if the |
---|
| 540 | + | veteran has previously received an exemption pursuant to this |
---|
| 541 | + | paragraph, no registration with the veterans registry shall be |
---|
| 542 | + | required. The Oklahoma Wildlife Conservation Commission shall |
---|
| 543 | + | promulgate any rules necessary to implement the provisions of this |
---|
| 544 | + | paragraph; |
---|
| 545 | + | 5. Legal resident owners or tenants, their spouses, parents, |
---|
| 546 | + | grandparents, children and their spouses, grandchildren and their |
---|
| 547 | + | spouses who fish in private ponds on land owned or leased by them; |
---|
| 548 | + | 6. Any legal resident or nonresident who is a patient of an |
---|
| 549 | + | institution of the State of Oklahoma established for the care and |
---|
| 550 | + | treatment of mental illness or alcohol or drug dependency or any |
---|
| 551 | + | developmentally disabled person residing in any group home or other |
---|
| 552 | + | institution or developmentally disabled persons when acc ompanied by |
---|
631 | | - | shall send the Department of Wildlife Conservation the revoked |
---|
632 | | - | license and a copy of the judgment of conviction. For purposes of |
---|
633 | | - | this section, "conviction" s hall include a plea of guilty or nolo |
---|
634 | | - | contendere to an offense or the imposition of deferred adjudication |
---|
635 | | - | for an offense. |
---|
636 | | - | K. Any person who has had their license privileges revoked |
---|
637 | | - | shall not be entitled to purchase, apply for, or exercise the |
---|
638 | | - | benefits conferred by any license until the revocation period has |
---|
639 | | - | expired or the person has obtained approval from the Director. Any |
---|
640 | | - | person violating the provisions of this subsection, upon conviction, |
---|
641 | | - | shall be punished by a fine of not more than Five Hundred Dollars |
---|
642 | | - | ($500.00), or by imprisonment in a county jail for a term of not |
---|
643 | | - | more than ninety (90) days or by both the fine and imprisonment. |
---|
644 | | - | Upon conviction under this subsection, the previously granted |
---|
645 | | - | license revocation period shall be extended by two (2) additio nal |
---|
646 | | - | years. |
---|
647 | | - | SECTION 7. AMENDATORY 29 O.S. 2011, Section 4 -110, as |
---|
648 | | - | last amended by Section 2, Chapter 229, O.S.L. 2017 (29 O.S. Supp. |
---|
649 | | - | 2020, Section 4-110), is amended to read as follows: |
---|
650 | | - | Section 4-110. A. Except as otherwise provi ded in the Oklahoma |
---|
651 | | - | Wildlife Conservation Code, no person shall fish, pursue, harass, |
---|
652 | | - | catch, kill, take in any manner, use, have in possession, sell, or |
---|
653 | | - | transport all or any portion of fish without having first procured a |
---|
654 | | - | license for such from the Director or from any of the authorized |
---|
| 579 | + | an attendant of the institution or legal guardian of the patient, or |
---|
| 580 | + | when fishing on institutional property; |
---|
| 581 | + | 7. Any legal resident or nonresident under eighteen (18) years |
---|
| 582 | + | of age who is in the legal and physical custody of the State of |
---|
| 583 | + | Oklahoma or one of its agencies by court order; |
---|
| 584 | + | 8. Any legal resident or nonresident under eighteen (18) years |
---|
| 585 | + | of age who is in the physical custody of a child care facility as |
---|
| 586 | + | defined by Section 402 of Title 10 of the Oklahoma Statutes; |
---|
| 587 | + | 9. Any legal resident o r nonresident who is legally blind or |
---|
| 588 | + | who has any other physical impairment, as certified by a physician |
---|
| 589 | + | licensed in this state or any state which borders this state, which |
---|
| 590 | + | prevents the person from properly using fishing apparatus without |
---|
| 591 | + | the assistance of another person, and any one person actually |
---|
| 592 | + | accompanying and actually assisting such legally blind or otherwise |
---|
| 593 | + | physically impaired person while the latter is fishing. This |
---|
| 594 | + | certification shall be carried by the individual while fishing; |
---|
| 595 | + | 10. Nonresidents under fourteen (14) years of age; |
---|
| 596 | + | 11. Any legal resident or nonresident who is a Job Corps |
---|
| 597 | + | trainee of this state, provided that the trainees shall have on |
---|
| 598 | + | their persons a duly authorized identification card issued by their |
---|
| 599 | + | respective Job Corps Center and shall present the card upon request, |
---|
| 600 | + | in lieu of a fishing license. The trainees shall return their cards |
---|
| 601 | + | to their respective Job Corps Center when the trainees leave their |
---|
| 602 | + | respective Job Corps training programs; |
---|
682 | | - | agents of the Department of Wildlife Conservation. The Oklahoma |
---|
683 | | - | Wildlife Conservation Commission may designate two (2) days per year |
---|
684 | | - | in which residents and nonresidents may fish without first procuring |
---|
685 | | - | a fishing license purs uant to the provisions of this section. |
---|
686 | | - | B. The following legal residents of Oklahoma shall be exempt |
---|
687 | | - | from the annual fishing license requirements of subsection C of this |
---|
688 | | - | section and the following nonresidents shall be exempt from the |
---|
689 | | - | annual nonresident fi shing licenses required pursuant to subsection |
---|
690 | | - | E of this section: |
---|
691 | | - | 1. Legal residents under sixteen (16) years of age and |
---|
692 | | - | nonresidents under sixteen (16) years of age from states which do |
---|
693 | | - | not require nonresident fishing licenses for persons under sixteen |
---|
694 | | - | (16) years of age; |
---|
695 | | - | 2. Legal residents sixty -five (65) years of age or older and |
---|
696 | | - | nonresidents sixty-five (65) years of age or older from states which |
---|
697 | | - | do not require nonresident fishing licenses for persons sixty -five |
---|
698 | | - | (65) years of age or older, provided a l egal resident has obtained a |
---|
699 | | - | senior citizen lifetime fishing or combination hunting and fishing |
---|
700 | | - | license pursuant to the provisions of Section 4 -114 of this title; |
---|
701 | | - | 3. Legal residents born on or before January 1, 1923; |
---|
702 | | - | 4. Legal resident veterans having a d isability of sixty percent |
---|
703 | | - | (60%) or more and registered with the veterans registry created by |
---|
704 | | - | the Oklahoma Department of Veterans Affairs; provided, that if the |
---|
705 | | - | veteran has previously received an exemption pursuant to this |
---|
| 629 | + | 12. Any legal resident having a proven disability which renders |
---|
| 630 | + | the resident nonambulatory and confined to a wheelchair as certified |
---|
| 631 | + | by a physician licensed in this state or any state which borders |
---|
| 632 | + | this state; |
---|
| 633 | + | 13. Any legal resident who is fishing with a pole and line, |
---|
| 634 | + | trotline, or throwline in streams, natural lakes, natural ponds, and |
---|
| 635 | + | mine pits in the county in which the person is a resident, or in |
---|
| 636 | + | streams, natural lakes, natural ponds, and mine pits which form a |
---|
| 637 | + | part of the boundary line of the county in which the person is a |
---|
| 638 | + | resident, when using any bait other than commercial or artificial |
---|
| 639 | + | bait, blood, stink bait, cut fish, and shrimp; and |
---|
| 640 | + | 14. Any legal resident or nonresident participating in an |
---|
| 641 | + | aquatic education event or clinic sanctioned by the Department of |
---|
| 642 | + | Wildlife Conservation. |
---|
| 643 | + | C. Except as otherwise provided for in the Oklahoma Wildlife |
---|
| 644 | + | Conservation Code, the resident fishing licenses issued pursuant to |
---|
| 645 | + | the provisions of this section and the fee for each shall be: |
---|
| 646 | + | 1. Annual fishing license for legal residents eighteen (18) |
---|
| 647 | + | years of age and older - Twenty-four Dollars ($24.00); |
---|
| 648 | + | 2. Annual fishing license for legal residents sixteen (16) or |
---|
| 649 | + | seventeen (17) years of age - Four Dollars ($4.00); and |
---|
| 650 | + | 3. Two-day fishing license for legal residents - Fourteen |
---|
| 651 | + | Dollars ($14.00). |
---|
733 | | - | paragraph, no registration with t he veterans registry shall be |
---|
734 | | - | required. The Oklahoma Wildlife Conservation Commission shall |
---|
735 | | - | promulgate any rules necessary to implement the provisions of this |
---|
736 | | - | paragraph; |
---|
737 | | - | 5. Legal resident owners or tenants, their spouses, parents, |
---|
738 | | - | grandparents, children and their spouses, grandchildren and their |
---|
739 | | - | spouses who fish in private ponds on land owned or leased by them; |
---|
740 | | - | 6. Any legal resident or nonresident who is a patient of an |
---|
741 | | - | institution of the State of Oklahoma established for the care and |
---|
742 | | - | treatment of mental illness or alcohol or drug dependency or any |
---|
743 | | - | developmentally disabled person residing in any group home or other |
---|
744 | | - | institution or developmentally disabled persons when accompanied by |
---|
745 | | - | an attendant of the institution or legal guardian of the patient, or |
---|
746 | | - | when fishing on institutional property; |
---|
747 | | - | 7. Any legal resident or nonresident under eighteen (18) years |
---|
748 | | - | of age who is in the legal and physical custody of the State of |
---|
749 | | - | Oklahoma or one of its agencies by court order; |
---|
750 | | - | 8. Any legal resident or nonresident under e ighteen (18) years |
---|
751 | | - | of age who is in the physical custody of a child care facility as |
---|
752 | | - | defined by Section 402 of Title 10 of the Oklahoma Statutes; |
---|
753 | | - | 9. Any legal resident or nonresident who is legally blind or |
---|
754 | | - | who has any other physical impairment, as certif ied by a physician |
---|
755 | | - | licensed in this state or any state which borders this state, which |
---|
756 | | - | prevents the person from properly using fishing apparatus without |
---|
| 678 | + | D. Of the fees collected pursuant to the provisions of |
---|
| 679 | + | paragraphs 1 and 3 of subsection C of this section, Five Dollars |
---|
| 680 | + | ($5.00) of the license fee shall be for the Oklahoma Wildlife Land |
---|
| 681 | + | Stamp and shall be deposited in the Oklahoma Wildlife Land Fund |
---|
| 682 | + | created pursuant to the provisions of Section 4-141 of this title. |
---|
| 683 | + | E. Except as otherwise provided for in the Oklahoma Wildlife |
---|
| 684 | + | Conservation Code, the nonresident fishing licenses issued pursuant |
---|
| 685 | + | to the provisions of this section and the fee for each shall be: |
---|
| 686 | + | 1. Annual fishing license for nonresidents - Fifty-four Dollars |
---|
| 687 | + | ($54.00), provided the Commission may enter into reciprocity |
---|
| 688 | + | agreements with states wherein nonresident license fees shall be in |
---|
| 689 | + | conformity with such reciprocal agreements; |
---|
| 690 | + | 2. Six-day fishing license for nonresidents – Thirty-four |
---|
| 691 | + | Dollars ($34.00); and |
---|
| 692 | + | 3. One-day fishing license for nonresidents - Fourteen Dollars |
---|
| 693 | + | ($14.00). |
---|
| 694 | + | F. Of the fees collected pursuant to the provisions of |
---|
| 695 | + | paragraphs 1, 2 and 3 of subsection E of this section, Five Dolla rs |
---|
| 696 | + | ($5.00) of the annual license fee for nonresidents, One Dollar and |
---|
| 697 | + | fifty cents ($1.50) of the six-day fishing license for nonresidents |
---|
| 698 | + | fee and One Dollar and fifty cents ($1.50) of the one -day fishing |
---|
| 699 | + | license for nonresidents fee shall be deposited in t he Wildlife Land |
---|
| 700 | + | Acquisition Fund created pursuant to the provisions of Section 4-132 |
---|
| 701 | + | of this title. Of the fees collected pursuant to the provisions of |
---|
784 | | - | the assistance of another person, and any one person actually |
---|
785 | | - | accompanying and actually assisting such legally blind or otherwise |
---|
786 | | - | physically impaired person while the latter is fishing. This |
---|
787 | | - | certification shall be carried by the individual while fishing; |
---|
788 | | - | 10. Nonresidents under fourteen (14) years of age; |
---|
789 | | - | 11. Any legal resident or nonresident who is a Job Corps |
---|
790 | | - | trainee of this state, provided that the trainees shall have on |
---|
791 | | - | their persons a duly authorized identification card issued by their |
---|
792 | | - | respective Job Corps Center and shall present the card upon request, |
---|
793 | | - | in lieu of a fishing license. The trainees shal l return their cards |
---|
794 | | - | to their respective Job Corps Center when the trainees leave their |
---|
795 | | - | respective Job Corps training programs; |
---|
796 | | - | 12. Any legal resident having a proven disability which renders |
---|
797 | | - | the resident nonambulatory and confined to a wheelchair as cert ified |
---|
798 | | - | by a physician licensed in this state or any state which borders |
---|
799 | | - | this state; |
---|
800 | | - | 13. Any legal resident who is fishing with a pole and line, |
---|
801 | | - | trotline, or throwline in streams, natural lakes, natural ponds, and |
---|
802 | | - | mine pits in the county in which the person is a resident, or in |
---|
803 | | - | streams, natural lakes, natural ponds, and mine pits which form a |
---|
804 | | - | part of the boundary line of the county in which the person is a |
---|
805 | | - | resident, when using any bait other than commercial or artificial |
---|
806 | | - | bait, blood, stink bait, cut fish, an d shrimp; and |
---|
| 728 | + | paragraphs 1, 2 and 3 of subsection E of this section, Five Dollars |
---|
| 729 | + | ($5.00) of the license fee shall b e for the Oklahoma Wildlife Land |
---|
| 730 | + | Stamp and shall be deposited in the Oklahoma Wildlife Land Fund |
---|
| 731 | + | created pursuant to the provisions of Section 4-141 of this title. |
---|
| 732 | + | G. Legal residents who have resided in this state for at least |
---|
| 733 | + | six (6) months and who are r eceiving Social Security Disability |
---|
| 734 | + | benefits, Supplemental Security Income benefits, disability benefits |
---|
| 735 | + | under the Railroad Retirement Act, 45 U.S.C.A., Section 231a, postal |
---|
| 736 | + | employees receiving disability benefits pursuant to 5 U.S.C., |
---|
| 737 | + | Section 8451 (1998) or legal residents who are one hundred percent |
---|
| 738 | + | (100%) disabled and are receiving disability payments from the |
---|
| 739 | + | Multiple Injury Trust Fund pursuant to Section 403 of Title 85 of |
---|
| 740 | + | the Oklahoma Statutes, may purchase a disability fishing license |
---|
| 741 | + | from the Director for Ten Dollars ($10.00) for five (5) years. |
---|
| 742 | + | H. 1. The Oklahoma Wildlife Conservation Commission shall |
---|
| 743 | + | prescribe by rule the form, type, design, manner of issuance and the |
---|
| 744 | + | fee for these licenses, permits and stamps; and any rules necessary |
---|
| 745 | + | to implement the provisions of this section. |
---|
| 746 | + | C. Any person arrested while violating the provisions of this |
---|
| 747 | + | section who does not meet the requirements of subsection K F of this |
---|
| 748 | + | section, may purchase a substitute temporary thirty -day license from |
---|
| 749 | + | the arresting game w arden in lieu of posting bond. The Commission |
---|
| 750 | + | shall by rule determine the fee for a substitute license purchased |
---|
| 751 | + | pursuant to the provisions of this subsection shall be: |
---|
834 | | - | 14. Any legal resident or nonresident participating in an |
---|
835 | | - | aquatic education event or clinic sanctioned by the Department of |
---|
836 | | - | Wildlife Conservation. |
---|
837 | | - | C. Except as otherwise provided for in the Oklahoma Wildlife |
---|
838 | | - | Conservation Code, the resident fishing licenses issued pursuant to |
---|
839 | | - | the provisions of this section and the fee for each shall be: |
---|
840 | | - | 1. Annual fishing license for legal residents eighteen (18) |
---|
841 | | - | years of age and older - Twenty-four Dollars ($24.00); |
---|
842 | | - | 2. Annual fishing license for legal resid ents sixteen (16) or |
---|
843 | | - | seventeen (17) years of age - Four Dollars ($4.00); and |
---|
844 | | - | 3. Two-day fishing license for legal residents - Fourteen |
---|
845 | | - | Dollars ($14.00). |
---|
846 | | - | D. Of the fees collected pursuant to the provisions of |
---|
847 | | - | paragraphs 1 and 3 of subsection C of this sec tion, Five Dollars |
---|
848 | | - | ($5.00) of the license fee shall be for the Oklahoma Wildlife Land |
---|
849 | | - | Stamp and shall be deposited in the Oklahoma Wildlife Land Fund |
---|
850 | | - | created pursuant to the provisions of Section 4 -141 of this title. |
---|
851 | | - | E. Except as otherwise provided for in the Oklahoma Wildlife |
---|
852 | | - | Conservation Code, the nonresident fishing licenses issued pursuant |
---|
853 | | - | to the provisions of this section and the fee for each shall be: |
---|
854 | | - | 1. Annual fishing license for nonresidents - Fifty-four Dollars |
---|
855 | | - | ($54.00), provided the Commission m ay enter into reciprocity |
---|
856 | | - | agreements with states wherein nonresident license fees shall be in |
---|
857 | | - | conformity with such reciprocal agreements; |
---|
| 778 | + | a. for legal residents, Fifty Dollars ($50.00), and |
---|
| 779 | + | b. for nonresidents, Ninety Doll ars ($90.00). |
---|
| 780 | + | 2. Except as otherwise provided by this subsection, the fees |
---|
| 781 | + | from licenses purchased pursuant to the provisions of this |
---|
| 782 | + | subsection shall be deposited in the Wildlife Conservation Fund to |
---|
| 783 | + | be used exclusively for developing, managing, preservi ng, and |
---|
| 784 | + | protecting wildlife and wildlife habitat. |
---|
| 785 | + | I. D. Unless a substitute license is purchased as provided for |
---|
| 786 | + | by subsection H C of this section, any resident of this state |
---|
| 787 | + | convicted of violating the provisions of this section shall be |
---|
| 788 | + | punished by the imposition of a fine of not less than Twenty-five |
---|
| 789 | + | Dollars ($25.00) Fifty Dollars ($50.00) nor more than Two Hundred |
---|
| 790 | + | Dollars ($200.00) or by imprisonment in the county jail for a period |
---|
| 791 | + | not to exceed thirty (30) days, or by both said fine and |
---|
| 792 | + | imprisonment. |
---|
| 793 | + | J. E. Unless a substitute license is purchased as provided for |
---|
| 794 | + | by subsection H C of this section, any nonresident convicted of |
---|
| 795 | + | violating this section shall be punished by a fine of not less than |
---|
| 796 | + | Fifty Dollars ($50.00) One Hundred Dollars ($100.00) nor more than |
---|
| 797 | + | Two Hundred Dollars ($200.00) or by imprisonment in the county jail |
---|
| 798 | + | for a period not more than thirty (30) days, or by both such fine |
---|
| 799 | + | and imprisonment. |
---|
| 800 | + | K. F. Any person producing proof in court that a current |
---|
| 801 | + | fishing license issued by the Department of Wildlife Conservation to |
---|
885 | | - | 2. Six-day fishing license for nonresidents – Thirty-four |
---|
886 | | - | Dollars ($34.00); and |
---|
887 | | - | 3. One-day fishing license for nonre sidents - Fourteen Dollars |
---|
888 | | - | ($14.00). |
---|
889 | | - | F. Of the fees collected pursuant to the provisions of |
---|
890 | | - | paragraphs 1, 2 and 3 of subsection E of this section, Five Dollars |
---|
891 | | - | ($5.00) of the annual license fee for nonresidents, One Dollar and |
---|
892 | | - | fifty cents ($1.50) of the s ix-day fishing license for nonresidents |
---|
893 | | - | fee and One Dollar and fifty cents ($1.50) of the one -day fishing |
---|
894 | | - | license for nonresidents fee shall be deposited in the Wildlife Land |
---|
895 | | - | Acquisition Fund created pursuant to the provisions of Section 4 -132 |
---|
896 | | - | of this title. Of the fees collected pursuant to the provisions of |
---|
897 | | - | paragraphs 1, 2 and 3 of subsection E of this section, Five Dollars |
---|
898 | | - | ($5.00) of the license fee shall be for the Oklahoma Wildlife Land |
---|
899 | | - | Stamp and shall be deposited in the Oklahoma Wildlife Land Fund |
---|
900 | | - | created pursuant to the provisions of Section 4 -141 of this title. |
---|
901 | | - | G. Legal residents who have resided in this state for at least |
---|
902 | | - | six (6) months and who are receiving Social Security Disability |
---|
903 | | - | benefits, Supplemental Security Income benefits, disability be nefits |
---|
904 | | - | under the Railroad Retirement Act, 45 U.S.C.A., Section 231a, postal |
---|
905 | | - | employees receiving disability benefits pursuant to 5 U.S.C., |
---|
906 | | - | Section 8451 (1998) or legal residents who are one hundred percent |
---|
907 | | - | (100%) disabled and are receiving disability paymen ts from the |
---|
908 | | - | Multiple Injury Trust Fund pursuant to Section 403 of Title 85 of |
---|
| 828 | + | that person was in force at the time of the alleged offense shall be |
---|
| 829 | + | entitled to dismissal of a charge of violating this section upon |
---|
| 830 | + | payment of court costs. If proof of a current fishing license |
---|
| 831 | + | issued by the Department to th e person that was in force at the time |
---|
| 832 | + | of the alleged offense is presented to the court or district |
---|
| 833 | + | attorney within seventy-two (72) hours after the violation, the |
---|
| 834 | + | charge shall be dismissed without payment of court costs. |
---|
| 835 | + | G. The Oklahoma Wildlife Conservation Commission sh all |
---|
| 836 | + | promulgate any rules necessary to implement the provisions of this |
---|
| 837 | + | section with legislative approval pursuant to the Administrative |
---|
| 838 | + | Procedures Act. |
---|
| 839 | + | SECTION 8. AMENDATORY 29 O.S. 2011, Section 4 -112, as |
---|
| 840 | + | last amended by Section 3, Chapter 229, O.S.L. 2017 (29 O.S. Supp. |
---|
| 841 | + | 2020, Section 4-112), is amended to read as follows: |
---|
| 842 | + | Section 4-112. A. Except as otherwise provided for in the |
---|
| 843 | + | Oklahoma Wildlife Conse rvation Code or the Oklahoma Farmed Cervidae |
---|
| 844 | + | Act, no person may hunt, pursue, trap, harass, catch, kill, take or |
---|
| 845 | + | attempt to take in any manner, use, have in possession, sell, or |
---|
| 846 | + | transport all or any portion of any wildlife except fish, without |
---|
| 847 | + | having first procured a license from the Department of W ildlife |
---|
| 848 | + | Conservation. The Oklahoma Wildlife Conservation Commission shall |
---|
| 849 | + | designate a consecut ive Saturday and Sunday in September of each |
---|
| 850 | + | year as free hunting days in which landowners and residents of this |
---|
936 | | - | the Oklahoma Statutes, may purchase a disability fishing license |
---|
937 | | - | from the Director for Ten Dollars ($10.00) for five (5) years. |
---|
938 | | - | H. 1. The Oklahoma Wildlife Conservation Commiss ion shall |
---|
939 | | - | prescribe, by rule, the form, type, design, manner of issuance and |
---|
940 | | - | the fee for these licenses, permits and stamps; and any rules |
---|
941 | | - | necessary to implement the provisions of this section. |
---|
942 | | - | C. Any person arrested while violating the provisions of this |
---|
943 | | - | section who does not meet the requirements of subsection K F of this |
---|
944 | | - | section, may purchase a substitute temporary thirty -day license from |
---|
945 | | - | the arresting game warden in lieu of posting bond. The Commission |
---|
946 | | - | shall by rule determine the fee for a substitute l icense purchased |
---|
947 | | - | pursuant to the provisions of this subsection shall be: |
---|
948 | | - | a. for legal residents, Fifty Dollars ($50.00), and |
---|
949 | | - | b. for nonresidents, Ninety Dollars ($90.00). |
---|
950 | | - | 2. Except as otherwise provided by this subsection, the fees |
---|
951 | | - | from licenses purchased pursuant to the provisions of this |
---|
952 | | - | subsection shall be deposited in the Wildlife Conservation Fund to |
---|
953 | | - | be used exclusively for developing, managing, preserving, and |
---|
954 | | - | protecting wildlife and wildlife habitat . |
---|
955 | | - | I. D. Unless a substitute license is purchased a s provided for |
---|
956 | | - | by subsection H C of this section, any resident of this state |
---|
957 | | - | convicted of violating the provisions of this section shall be |
---|
958 | | - | punished by the imposition of a fine of not less than Twenty-five |
---|
959 | | - | Dollars ($25.00) Fifty Dollars ($50.00) nor more than Two Hundred |
---|
| 877 | + | state may hunt without first procuring a hunting license pursua nt to |
---|
| 878 | + | the provisions of this sectio n. |
---|
| 879 | + | B. The following legal residents of Oklahoma shall be exempt |
---|
| 880 | + | from the annual hunting license requirement of paragraph 1 of |
---|
| 881 | + | subsection E of this section and the following non residents shall be |
---|
| 882 | + | exempt from the annual no nresident hunting licenses required |
---|
| 883 | + | pursuant to paragraph 1 of subsection C of this sectio n: |
---|
| 884 | + | 1. Legal residents under sixteen (16) years of age; |
---|
| 885 | + | 2. Legal residents sixty-five (65) years of age or older |
---|
| 886 | + | provided they have obtained a senior citizen lifetim e hunting or |
---|
| 887 | + | combination hunting an d fishing license pursuant to the provisions |
---|
| 888 | + | of Section 4-114 of this title; |
---|
| 889 | + | 3. Legal residents born on or before January 1, 1923; |
---|
| 890 | + | 4. Legal resident veterans having a disabili ty of sixty percent |
---|
| 891 | + | (60%) or more and regist ered with the veterans registry cre ated by |
---|
| 892 | + | the Oklahoma Department of Veterans Affairs; pr ovided, that if the |
---|
| 893 | + | veteran has previously received an exemption pursuant to this |
---|
| 894 | + | paragraph, no registration with the vete rans registry shall be |
---|
| 895 | + | required; |
---|
| 896 | + | 5. Legal resident owners or tenants who hunt on land owned or |
---|
| 897 | + | leased by them; |
---|
| 898 | + | 6. Any nonresident un der fourteen (14) years of age; |
---|
| 899 | + | 7. Legal residents having a proven disability which renders |
---|
| 900 | + | them nonambulatory and confin es them to a wheelchair, as certified |
---|
987 | | - | Dollars ($200.00) or by imprisonment in the county jail for a period |
---|
988 | | - | not to exceed thirty (30) days, or by both said fine and |
---|
989 | | - | imprisonment. |
---|
990 | | - | J. E. Unless a substitute license is purchased as provided for |
---|
991 | | - | by subsection H C of this section, any nonresident convicted of |
---|
992 | | - | violating this section shall be punished by a fine of not less than |
---|
993 | | - | Fifty Dollars ($50.00) One Hundred Dollars ($100.00) nor more than |
---|
994 | | - | Two Hundred Dollars ($200.00) or by imprisonment in the county jail |
---|
995 | | - | for a period not more tha n thirty (30) days, or by both such fine |
---|
996 | | - | and imprisonment. |
---|
997 | | - | K. F. Any person producing proof in court that a current |
---|
998 | | - | fishing license issued by the Department of Wildlife Conservation to |
---|
999 | | - | that person was in force at the time of the alleged offense shall be |
---|
1000 | | - | entitled to dismissal of a charge of violating this section upon |
---|
1001 | | - | payment of court costs. If proof of a current fishing license |
---|
1002 | | - | issued by the Department to the person that was in force at the time |
---|
1003 | | - | of the alleged offense is presented to the court or district |
---|
1004 | | - | attorney within seventy -two (72) hours after the violation, the |
---|
1005 | | - | charge shall be dismissed without payment of court costs. |
---|
1006 | | - | G. The Oklahoma Wildlife Conservation Commission shall |
---|
1007 | | - | promulgate any rules necessary to implement the provisions of this |
---|
1008 | | - | section with legislative approval pursuant to the Administrative |
---|
1009 | | - | Procedures Act. |
---|
| 927 | + | by a physician licensed in this state or in any state which borders |
---|
| 928 | + | this state; |
---|
| 929 | + | 8. Any legal resident or nonresident under eighteen (18) years |
---|
| 930 | + | of age who is in the physical custody of a child care facility as |
---|
| 931 | + | defined by Section 402 of Title 10 of the Oklahoma S tatutes; and |
---|
| 932 | + | 9. Any legal resident or nonresident hunting, pursuing, |
---|
| 933 | + | trapping, harassing, catching, killing, taking, or attempting to |
---|
| 934 | + | take in any manner any species of rattlesnake during an organized |
---|
| 935 | + | rattlesnake-hunting event or festival and who has a rat tlesnake |
---|
| 936 | + | permit issued pursuant to Section 4-143 of this title. |
---|
| 937 | + | C. Except as otherwise pr ovided for in the Oklahoma Wildlife |
---|
| 938 | + | Conservation Code, the nonresident hunting licenses issued pursuant |
---|
| 939 | + | to this section and the fee for each license shall be: |
---|
| 940 | + | 1. Annual hunting license for nonresident s hunting game other |
---|
| 941 | + | than deer, antelope, elk or bear w hich expires on December 31 of the |
---|
| 942 | + | year purchased – One Hundred Forty-one Dollars ($141.00). |
---|
| 943 | + | Nonresidents hunting big gam e or combination big game and upland |
---|
| 944 | + | game in a commercial hunting area shall be required to have this |
---|
| 945 | + | license; |
---|
| 946 | + | 2. Annual hunting lice nse for nonresidents hunting game other |
---|
| 947 | + | than deer, antelope, elk or bear which expires on June 30 of the |
---|
| 948 | + | fiscal year purchased – One Hundred Seventy-five Dollars ($175.00). |
---|
| 949 | + | Nonresidents hunting big ga me or combination big game and upland |
---|
1037 | | - | SECTION 8. AMENDATORY 29 O.S. 2011, Section 4 -112, as |
---|
1038 | | - | last amended by Section 3, Chapter 229, O.S.L. 2017 (29 O.S. Supp. |
---|
1039 | | - | 2020, Section 4-112), is amended to re ad as follows: |
---|
1040 | | - | Section 4-112. A. Except as otherwise provided for in the |
---|
1041 | | - | Oklahoma Wildlife Conservation Code or the Oklahoma Farmed Cervidae |
---|
1042 | | - | Act, no person may hunt, pursue, trap, harass, catch, kill, take or |
---|
1043 | | - | attempt to take in any manner, use, have in p ossession, sell, or |
---|
1044 | | - | transport all or any portion of any wildlife except fish, without |
---|
1045 | | - | having first procured a license from the Department of Wildlife |
---|
1046 | | - | Conservation. The Oklahoma Wildlife Conservation Commission shall |
---|
1047 | | - | designate a consecutive Saturday and Su nday in September of each |
---|
1048 | | - | year as free hunting days in which landowners and residents of this |
---|
1049 | | - | state may hunt without first procuring a hunting license pursuant to |
---|
1050 | | - | the provisions of this section. |
---|
1051 | | - | B. The following legal residents of Oklahoma shall be exempt |
---|
1052 | | - | from the annual hunting license requirement of paragraph 1 of |
---|
1053 | | - | subsection E of this section and the following nonresidents shall be |
---|
1054 | | - | exempt from the annual nonresident hunting licenses required |
---|
1055 | | - | pursuant to paragraph 1 of subsection C of this section: |
---|
1056 | | - | 1. Legal residents under sixteen (16) years of age; |
---|
1057 | | - | 2. Legal residents sixty -five (65) years of age or older |
---|
1058 | | - | provided they have obtained a senior citizen lifetime hunting or |
---|
1059 | | - | combination hunting and fishing license pursuant to the provisions |
---|
1060 | | - | of Section 4-114 of this title; |
---|
| 976 | + | game in a commercial hunting area shall be required to have this |
---|
| 977 | + | license; |
---|
| 978 | + | 3. Gun hunting license for deer for nonresidents which shall be |
---|
| 979 | + | valid for hunting all deer allowed during th e current calendar year |
---|
| 980 | + | deer gun season – Two Hundred Seventy-nine Dollars ($279.00); |
---|
| 981 | + | 4. Archery hunting license for deer for nonresidents which |
---|
| 982 | + | shall expire on January 15 of the calendar year after the year |
---|
| 983 | + | purchased or if purchased during the deer arche ry season it shall |
---|
| 984 | + | expire at the end of that deer archery season – Two Hundred Seventy- |
---|
| 985 | + | nine Dollars ($279.00); |
---|
| 986 | + | 5. Primitive firearms hunting license for deer for nonresidents |
---|
| 987 | + | which shall be valid for hunting all deer allowed during the current |
---|
| 988 | + | calendar year deer primitive firearms season – Two Hundred Seventy- |
---|
| 989 | + | nine Dollars ($279.00); |
---|
| 990 | + | 6. Hunting license for antelope for nonresidents – Three |
---|
| 991 | + | Hundred Five Dollars ($305.00); |
---|
| 992 | + | 7. Hunting license for elk for nonresiden ts – Three Hundred |
---|
| 993 | + | Five Dollars ($305.00); |
---|
| 994 | + | 8. Five-day hunting license for non residents hunting game other |
---|
| 995 | + | than deer, antelope, elk, quail, turkey or bear – Seventy-four |
---|
| 996 | + | Dollars ($74.00); and |
---|
| 997 | + | 9. Ten-day hunting license for nonresidents hunting small game |
---|
| 998 | + | in a commercial hunting area – Five Dollars ($5.00). |
---|
1088 | | - | 3. Legal residents born on or before January 1, 1923; |
---|
1089 | | - | 4. Legal resident veterans having a disability of sixty percent |
---|
1090 | | - | (60%) or more and registered with the veterans registry created by |
---|
1091 | | - | the Oklahoma Department of Veterans Affairs; provided, t hat if the |
---|
1092 | | - | veteran has previously received an exemption pursuant to this |
---|
1093 | | - | paragraph, no registration with the veterans registry shall be |
---|
1094 | | - | required; |
---|
1095 | | - | 5. Legal resident owners or tenants who hunt on land owned or |
---|
1096 | | - | leased by them; |
---|
1097 | | - | 6. Any nonresident under fourt een (14) years of age; |
---|
1098 | | - | 7. Legal residents having a proven disability which renders |
---|
1099 | | - | them nonambulatory and confines them to a wheelchair, as certified |
---|
1100 | | - | by a physician licensed in this state or in any state which borders |
---|
1101 | | - | this state; |
---|
1102 | | - | 8. Any legal resident or nonresident under eighteen (18) years |
---|
1103 | | - | of age who is in the physical custody of a child care facility as |
---|
1104 | | - | defined by Section 402 of Title 10 of the Oklahoma Statutes; and |
---|
1105 | | - | 9. Any legal resident or nonresident hunting, pursuing, |
---|
1106 | | - | trapping, harassing, catching , killing, taking, or attempting to |
---|
1107 | | - | take in any manner any species of rattlesnake during an organized |
---|
1108 | | - | rattlesnake-hunting event or festival and who has a rattlesnake |
---|
1109 | | - | permit issued pursuant to Section 4 -143 of this title. |
---|
| 1025 | + | D. Of the fees collected pursuant to the provisions of |
---|
| 1026 | + | subsection C of this sec tion: |
---|
| 1027 | + | 1. Five Dollars ($5.00) of the license fee of each license |
---|
| 1028 | + | issued pursuant to paragraphs 1 through 7 of subsection C of this |
---|
| 1029 | + | section and Two Dollars and fifty cents ($2.50) of the license fee |
---|
| 1030 | + | for each license issued pursuant to paragraph 8 of subsec tion C of |
---|
| 1031 | + | this section shall be deposited in the Wildlife Land Acquisition |
---|
| 1032 | + | Fund created pursuant to the provisions of Sect ion 4-132 of this |
---|
| 1033 | + | title; and |
---|
| 1034 | + | 2. Five Dollars ($5.00) of the license fee for ea ch license |
---|
| 1035 | + | issued pursuant to paragraphs 1 through 8 of subsection C of this |
---|
| 1036 | + | section shall be for the Oklahoma Wildlife Land Stamp and shall be |
---|
| 1037 | + | deposited in the Oklahoma Wildlif e Land Fund created pursuant to the |
---|
| 1038 | + | provisions of Section 4-141 of this title. |
---|
| 1039 | + | E. Except as otherwise provided, the resident hunting licenses |
---|
| 1040 | + | issued pursuant to this section and the fee for each license shall |
---|
| 1041 | + | be: |
---|
| 1042 | + | 1. Annual hunting license for residents e ighteen (18) years of |
---|
| 1043 | + | age and older which ex pires on December 31 of the year pu rchased - |
---|
| 1044 | + | Twenty-four Dollars ($24.00); |
---|
| 1045 | + | 2. Annual hunting license for residents eighteen (18) years of |
---|
| 1046 | + | age and older which expires on June 30 of the fiscal year purchased |
---|
| 1047 | + | – Thirty-one Dollars ($31.00); |
---|
1137 | | - | C. Except as otherwise provided fo r in the Oklahoma Wildlife |
---|
1138 | | - | Conservation Code, the nonresident hunting licenses issued pursuant |
---|
1139 | | - | to this section and the fee for each license shall be: |
---|
1140 | | - | 1. Annual hunting license for nonresidents hunting game other |
---|
1141 | | - | than deer, antelope, elk or bear big game or combination big game |
---|
1142 | | - | and upland game in a commercial hunting area which expires on |
---|
1143 | | - | December 31 of the year purchased – One Hundred Forty-one Dollars |
---|
1144 | | - | ($141.00). Nonresidents hunting big game or combination big game |
---|
1145 | | - | and upland game in a commercial hunting area shall be required to |
---|
1146 | | - | have this license; and |
---|
1147 | | - | 2. Annual hunting license for nonresidents hunting game other |
---|
1148 | | - | than deer, antelope, elk or bear big game or combination big game |
---|
1149 | | - | and upland game in a commercial hunting area which expires on June |
---|
1150 | | - | 30 of the fiscal year purchased – One Hundred Seventy-five Dollars |
---|
1151 | | - | ($175.00). Nonresidents hunting big game or combination big game |
---|
1152 | | - | and upland game in a commercial hunting area shall be required to |
---|
1153 | | - | have this license; |
---|
1154 | | - | 3. Gun hunting license for deer for nonresident s which shall be |
---|
1155 | | - | valid for hunting all deer allowed during the current calendar year |
---|
1156 | | - | deer gun season – Two Hundred Seventy-nine Dollars ($279.00); |
---|
1157 | | - | 4. Archery hunting license for deer for nonresidents which |
---|
1158 | | - | shall expire on January 15 of the calendar year a fter the year |
---|
1159 | | - | purchased or if purchased during the deer archery season it shall |
---|
| 1074 | + | 3. Annual hunting license for residents sixteen (16) or |
---|
| 1075 | + | seventeen (17) years of age which expires on Decemb er 31 of the year |
---|
| 1076 | + | purchased - Four Dollars ($4.00); |
---|
| 1077 | + | 4. Annual hunting license for residents sixteen (16) or |
---|
| 1078 | + | seventeen (17) years of age which expires on June 30 of t he fiscal |
---|
| 1079 | + | year purchased – Six Dollars ($6.00); |
---|
| 1080 | + | 5. Ten-day hunting license for residents for small game in a |
---|
| 1081 | + | commercial hunting area - Five Dollars ($5.00); |
---|
| 1082 | + | 6. Five-year disability hunting license for residents of this |
---|
| 1083 | + | state for at least six (6) months w ho are receiving Social Security |
---|
| 1084 | + | Disability benefits, Supplemental Security Income benefit s or |
---|
| 1085 | + | disability benefits under the Railroad Retirement Act, 45 U.S.C.A., |
---|
| 1086 | + | Section 231a, or residents who are one -hundred-percent disabled and |
---|
| 1087 | + | are receiving disability payments from the Multiple Injury T rust |
---|
| 1088 | + | Fund pursuant to Section 31 of Title 85A of the Ok lahoma Statutes - |
---|
| 1089 | + | Ten Dollars ($10.00); |
---|
| 1090 | + | 7. Gun hunting license for deer for residents eighteen (18) |
---|
| 1091 | + | years of age or older - Nineteen Dollars ($19.00). The following |
---|
| 1092 | + | persons shall be exempt: |
---|
| 1093 | + | a. residents with proper certification from the United |
---|
| 1094 | + | States Department of Veterans Affairs or its |
---|
| 1095 | + | successor, certifying that the person is a disabled |
---|
| 1096 | + | veteran in receipt of compensation at the one-hundred- |
---|
| 1097 | + | percent rate and registe red with the veterans registry |
---|
1187 | | - | expire at the end of that deer archery season – Two Hundred Seventy- |
---|
1188 | | - | nine Dollars ($279.00); |
---|
1189 | | - | 5. Primitive firearms hunting license for deer for nonresidents |
---|
1190 | | - | which shall be valid for hunting all deer allowed during the current |
---|
1191 | | - | calendar year deer primitive firearms season – Two Hundred Seventy- |
---|
1192 | | - | nine Dollars ($279.00); |
---|
1193 | | - | 6. Hunting license for antelope for nonresidents – Three |
---|
1194 | | - | Hundred Five Dollars ($305.00); |
---|
1195 | | - | 7. Hunting license for e lk for nonresidents – Three Hundred |
---|
1196 | | - | Five Dollars ($305.00); |
---|
1197 | | - | 8. Five-day hunting license for nonresidents hunting game other |
---|
1198 | | - | than deer, antelope, elk, quail, turkey or bear – Seventy-four |
---|
1199 | | - | Dollars ($74.00); and |
---|
1200 | | - | 9. Ten-day hunting license for nonresidents h unting small game |
---|
1201 | | - | in a commercial hunting area – Five Dollars ($5.00). |
---|
1202 | | - | D. Of the fees collected pursuant to the provisions of |
---|
1203 | | - | subsection C of this section: |
---|
1204 | | - | 1. Five Dollars ($5.00) of the license fee of each license |
---|
1205 | | - | issued pursuant to paragraphs 1 through 7 of subsection C of this |
---|
1206 | | - | section and Two Dollars and fifty cents ($2.50) of the license fee |
---|
1207 | | - | for each license issued pursuant to paragraph 8 of subsection C of |
---|
1208 | | - | this section shall be deposited in the Wildlife Land Acquisition |
---|
1209 | | - | Fund created pursuant to the p rovisions of Section 4 -132 of this |
---|
1210 | | - | title; and |
---|
| 1124 | + | created by the Oklahoma Department of Veterans |
---|
| 1125 | + | Affairs; provided, that if the veteran has previously |
---|
| 1126 | + | received an exemption pursuant to this subparagraph, |
---|
| 1127 | + | no registration with the ve terans registry shall be |
---|
| 1128 | + | required, and |
---|
| 1129 | + | b. residents hunting in big game or comb ination big game |
---|
| 1130 | + | and upland game commercial hunting are as; |
---|
| 1131 | + | 8. Gun hunting license for deer for residents under eighteen |
---|
| 1132 | + | (18) years of age – Nine Dollars ($9.00); |
---|
| 1133 | + | 9. Archery hunting license for deer for residents eightee n (18) |
---|
| 1134 | + | years of age or older - Nineteen Dollars ($19.00). The following |
---|
| 1135 | + | persons shall be exempt: |
---|
| 1136 | + | a. residents with proper certification from the United |
---|
| 1137 | + | States Department of Veterans Affairs or its |
---|
| 1138 | + | successor, certifying that the person is a disabled |
---|
| 1139 | + | veteran in receipt of compensation at the one-hundred- |
---|
| 1140 | + | percent rate and registered with the veter ans registry |
---|
| 1141 | + | created by the Oklahoma Department of Veterans |
---|
| 1142 | + | Affairs; provided, that if the veteran has previously |
---|
| 1143 | + | received the exemption pursuant to this subparagraph , |
---|
| 1144 | + | no registration with the veterans registry shall be |
---|
| 1145 | + | required, and |
---|
| 1146 | + | b. residents hunting in big game or combination big game |
---|
| 1147 | + | and upland game commercial hunting areas; |
---|
1238 | | - | 2. Five Dollars ($5.00) of the license fee for each license |
---|
1239 | | - | issued pursuant to paragraphs 1 through 8 of subsection C of this |
---|
1240 | | - | section shall be for the Oklahoma Wildlife Land Stamp and shall be |
---|
1241 | | - | deposited in the Oklahoma Wildlife Land Fund created pursuant to the |
---|
1242 | | - | provisions of Section 4 -141 of this title. |
---|
1243 | | - | E. Except as otherwise provided, the resident hunting licenses |
---|
1244 | | - | issued pursuant to this section and the fee for each license shall |
---|
1245 | | - | be: |
---|
1246 | | - | 1. Annual hunting licens e for residents eighteen (18) years of |
---|
1247 | | - | age and older which expires on December 31 of the year purchased - |
---|
1248 | | - | Twenty-four Dollars ($24.00); |
---|
1249 | | - | 2. Annual hunting license for residents eighteen (18) years of |
---|
1250 | | - | age and older which expires on June 30 of the fiscal yea r purchased |
---|
1251 | | - | – Thirty-one Dollars ($31.00); |
---|
1252 | | - | 3. Annual hunting license for residents sixteen (16) or |
---|
1253 | | - | seventeen (17) years of age which expires on December 31 of the year |
---|
1254 | | - | purchased - Four Dollars ($4.00); |
---|
1255 | | - | 4. Annual hunting license for residents sixteen (16) or |
---|
1256 | | - | seventeen (17) years of age which expires on June 30 of the fiscal |
---|
1257 | | - | year purchased – Six Dollars ($6.00); |
---|
1258 | | - | 5. Ten-day hunting license for residents for small game in a |
---|
1259 | | - | commercial hunting area - Five Dollars ($5.00); |
---|
1260 | | - | 6. Five-year disability hunting lice nse for residents of this |
---|
1261 | | - | state for at least six (6) months who are receiving Social Security |
---|
| 1174 | + | 10. Archery hunting license for deer for res idents under |
---|
| 1175 | + | eighteen (18) years of age - Nine Dollars ($9.00); |
---|
| 1176 | + | 11. Primitive firearms hunting license for deer for residents |
---|
| 1177 | + | eighteen (18) years of age or older - Nineteen Dollars ($19.00). |
---|
| 1178 | + | The following persons shall be exempt: |
---|
| 1179 | + | a. residents with proper certification from the United |
---|
| 1180 | + | States Department of Veterans Affairs or its |
---|
| 1181 | + | successor, certifying that the person is a disabled |
---|
| 1182 | + | veteran in receipt of compensation at the one-hundred- |
---|
| 1183 | + | percent rate and registered with the veterans registry |
---|
| 1184 | + | created by the Oklahoma Department of Veterans |
---|
| 1185 | + | Affairs; provided, that if the veteran has previous ly |
---|
| 1186 | + | received the exemption pursuant to this subparagraph , |
---|
| 1187 | + | no registration with the veterans registry shall be |
---|
| 1188 | + | required, and |
---|
| 1189 | + | b. residents hunting in big game or combination big ga me |
---|
| 1190 | + | and upland game commercial hunting areas; |
---|
| 1191 | + | 12. Primitive firearms hunting li cense for deer for residents |
---|
| 1192 | + | under eighteen (18) years of age - Nine Dollars ($9.00); |
---|
| 1193 | + | 13. Hunting license for elk for residents - Fifty Dollars |
---|
| 1194 | + | ($50.00). Residents hunting in big game or combination big game and |
---|
| 1195 | + | upland game commercial hunting areas shall be exempt from this |
---|
| 1196 | + | license; |
---|
1339 | | - | 9. Archery hunting license for deer for residents eighteen (18) |
---|
1340 | | - | years of age or older - Nineteen Dollars ($19.00). The following |
---|
1341 | | - | persons shall be exempt: |
---|
1342 | | - | a. residents with proper certification from the United |
---|
1343 | | - | States Department of Veterans Affairs or i ts |
---|
1344 | | - | successor, certifying that the person is a disabled |
---|
1345 | | - | veteran in receipt of compensation at the one -hundred- |
---|
1346 | | - | percent rate and registered with the veterans registry |
---|
1347 | | - | created by the Oklahoma Department of Veterans |
---|
1348 | | - | Affairs; provided, that if the veteran has pr eviously |
---|
1349 | | - | received the exemption pursuant to this subparagraph, |
---|
1350 | | - | no registration with the veterans registry shall be |
---|
1351 | | - | required, and |
---|
1352 | | - | b. residents hunting in big game or combination big game |
---|
1353 | | - | and upland game commercial hunting areas; |
---|
1354 | | - | 10. Archery hunting license for deer for residents under |
---|
1355 | | - | eighteen (18) years of age - Nine Dollars ($9.00); |
---|
1356 | | - | 11. Primitive firearms hunting license for deer for residents |
---|
1357 | | - | eighteen (18) years of age or older - Nineteen Dollars ($19.00). |
---|
1358 | | - | The following persons shall be exempt: |
---|
1359 | | - | a. residents with proper certification from the United |
---|
1360 | | - | States Department of Veterans Affairs or its |
---|
1361 | | - | successor, certifying that the person is a disabled |
---|
1362 | | - | veteran in receipt of compensation at the one -hundred- |
---|
| 1273 | + | G. The provisions of this section shall not be co nstrued to |
---|
| 1274 | + | require a hunting license, resident or nonresident, of any person |
---|
| 1275 | + | merely because the person participates, as ow ner or handler of an |
---|
| 1276 | + | entry, as an official, or as a spectator in the conduct of a field |
---|
| 1277 | + | trial or performance test of dogs, whether a r esident or nonresident |
---|
| 1278 | + | of the State of Oklahoma. No license to hunt shall be required of |
---|
| 1279 | + | any person engaged in training o r working dogs, provided that person |
---|
| 1280 | + | is in no way engaged in hunting and does n ot take or attempt to take |
---|
| 1281 | + | in any manner any game The Oklahoma Wildlife Conservation Commission |
---|
| 1282 | + | shall prescribe, by rule, the form, type, design, manner of issuance |
---|
| 1283 | + | and the fee for these licenses, permits and stamps; and any rules |
---|
| 1284 | + | necessary to implement th e provisions of this section. |
---|
| 1285 | + | H. 1. C. Any person arrested for hunting game other than deer, |
---|
| 1286 | + | antelope, elk, bear or turkey without a valid hunting license as |
---|
| 1287 | + | required by the provisions of subsection A of this section ma y |
---|
| 1288 | + | purchase a substitute temporary t hirty-day license from the |
---|
| 1289 | + | arresting game warden in lie u of posting bond. Proof of hunter |
---|
| 1290 | + | safety certification will not be required for the temporary |
---|
| 1291 | + | substitute license. The Commission shall, by rule, determine the |
---|
| 1292 | + | fee for a substitute license purchased pursuant to the provisions of |
---|
| 1293 | + | this subsection shall be: |
---|
| 1294 | + | a. for legal residents, Fifty Dollars ($50.00), and |
---|
| 1295 | + | b. for nonresidents, One Hundred Forty -five Dollars |
---|
| 1296 | + | ($145.00). |
---|
1390 | | - | percent rate and registered with the veterans registry |
---|
1391 | | - | created by the Oklahoma Department of Veterans |
---|
1392 | | - | Affairs; provided, that if the veteran has previously |
---|
1393 | | - | received the exemption pursuant to this subparagraph, |
---|
1394 | | - | no registration with the veterans registry shall be |
---|
1395 | | - | required, and |
---|
1396 | | - | b. residents hunting in big game or c ombination big game |
---|
1397 | | - | and upland game commercial hunting areas; |
---|
1398 | | - | 12. Primitive firearms hunting license for deer for residents |
---|
1399 | | - | under eighteen (18) years of age - Nine Dollars ($9.00); |
---|
1400 | | - | 13. Hunting license for elk for residents - Fifty Dollars |
---|
1401 | | - | ($50.00). Residents hunting in big game or combination big game and |
---|
1402 | | - | upland game commercial hunting areas shall be exempt from this |
---|
1403 | | - | license; |
---|
1404 | | - | 14. Hunting license for antelope for residents – Fifty Dollars |
---|
1405 | | - | ($50.00). Residents hunting in big game or combination big game a nd |
---|
1406 | | - | upland game commercial hunting areas shall be exempt from this |
---|
1407 | | - | license; and |
---|
1408 | | - | 15. Bonus, special or additional gun hunting license for deer |
---|
1409 | | - | for residents - Nineteen Dollars ($19.00). The following persons |
---|
1410 | | - | shall be exempt: |
---|
1411 | | - | a. residents with proper certif ication from the United |
---|
1412 | | - | States Department of Veterans Affairs or its |
---|
1413 | | - | successor, certifying that the person is a disabled |
---|
| 1323 | + | 2. Except as otherwise provided for by this subse ction, the |
---|
| 1324 | + | fees from licenses purch ased pursuant to the provisions of this |
---|
| 1325 | + | subsection shall be deposited in the Wildlife Conservation Fund to |
---|
| 1326 | + | be used exclusively for developing, managing, preserving, and |
---|
| 1327 | + | protecting wildlife and wildlife habitat . |
---|
| 1328 | + | I. D. Any person producing proof in court th at a current |
---|
| 1329 | + | hunting license issued by the Department o f Wildlife Conservation to |
---|
| 1330 | + | that person was in force at the time of the alleged offense shall be |
---|
| 1331 | + | entitled to dismissal of a charge of violating this section upon |
---|
| 1332 | + | payment of court costs. If proof of a c urrent hunting license |
---|
| 1333 | + | issued by the Department to the person that was in force at the time |
---|
| 1334 | + | of the alleged offense is presented to the court or district |
---|
| 1335 | + | attorney within seventy -two (72) hours after the violation, the |
---|
| 1336 | + | charge shall be dismissed without payme nt of court costs. |
---|
| 1337 | + | J. E. Unless a substitute license i s purchased as provided for |
---|
| 1338 | + | by subsection H C of this section, any resident convicted of |
---|
| 1339 | + | violating the provisions of this section shall be punished by the |
---|
| 1340 | + | imposition of a fine of not less than Twenty-five Dollars ($25.00) |
---|
| 1341 | + | Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), |
---|
| 1342 | + | or by imprisonment in the county jail for a period not to exceed |
---|
| 1343 | + | thirty (30) days, or by both. |
---|
| 1344 | + | K. F. Unless a substitute license is purchased as provided for |
---|
| 1345 | + | by subsection H C of this section, any nonresident convicted of |
---|
| 1346 | + | violating the provisions of this section shall be punished by the |
---|
1441 | | - | veteran in receipt of compensation at the one -hundred- |
---|
1442 | | - | percent rate and registered with the veterans registry |
---|
1443 | | - | created by the Oklahoma De partment of Veterans |
---|
1444 | | - | Affairs; provided, that if the veteran has previously |
---|
1445 | | - | received the exemption pursuant to this subparagraph, |
---|
1446 | | - | no registration with the veterans registry shall be |
---|
1447 | | - | required, and |
---|
1448 | | - | b. residents hunting in big game or combination big game |
---|
1449 | | - | and upland game commercial hunting areas. |
---|
1450 | | - | F. Of the fees collected pursuant to the provisions of |
---|
1451 | | - | paragraphs 1 and 2 of subsection E of this section, Five Dollars |
---|
1452 | | - | ($5.00) of the license fee shall be for the Oklahoma Wildlife Land |
---|
1453 | | - | Stamp and shall be deposited i n the Oklahoma Wildlife Land Fund |
---|
1454 | | - | created pursuant to the provisions of Section 4 -141 of this title. |
---|
1455 | | - | G. The provisions of this section shall not be construed to |
---|
1456 | | - | require a hunting license, resident or nonresident, of any person |
---|
1457 | | - | merely because the person pa rticipates, as owner or handler of an |
---|
1458 | | - | entry, as an official, or as a spectator in the conduct of a field |
---|
1459 | | - | trial or performance test of dogs, whether a resident or nonresident |
---|
1460 | | - | of the State of Oklahoma. No license to hunt shall be required of |
---|
1461 | | - | any person engaged in training or working dogs, provided that person |
---|
1462 | | - | is in no way engaged in hunting and does not take or attempt to take |
---|
1463 | | - | in any manner any game The Oklahoma Wildlife Conservation Commission |
---|
1464 | | - | shall prescribe, by rule, the form, type, design, manner of issu ance |
---|
| 1373 | + | imposition of a fine of not less than Two Hundred Dolla rs ($200.00) |
---|
| 1374 | + | nor more than Five Hundred Doll ars ($500.00), or by imprisonment i n |
---|
| 1375 | + | the county jail for a period not to exceed six (6) mo nths, or by |
---|
| 1376 | + | both. |
---|
| 1377 | + | L. G. The Oklahoma Wildlife Conservation Commission shall |
---|
| 1378 | + | promulgate any rules necessary to implement t he provisions of this |
---|
| 1379 | + | section. |
---|
| 1380 | + | SECTION 9. AMENDATORY 29 O.S. 2011, Section 4-132, as |
---|
| 1381 | + | amended by Section 120, Chapter 304, O.S.L. 2012 (29 O.S. Supp. |
---|
| 1382 | + | 2020, Section 4-132), is amended to read as follows: |
---|
| 1383 | + | Section 4-132. A. The Department of Wildlife Conservation is |
---|
| 1384 | + | hereby authorized to issue an Oklahoma Wildl ife Habitat Stamp to any |
---|
| 1385 | + | person upon the voluntary paym ent of a fee of Ten Dollars ($10.00). |
---|
| 1386 | + | Said fee shall be deposited in the Wildlife Land Acquisition Fund |
---|
| 1387 | + | created in subsection C of this section. |
---|
| 1388 | + | B. The Oklahoma Wil dlife Conservation Commission shall |
---|
| 1389 | + | promulgate rules specifying the form, design, and mann er of issuance |
---|
| 1390 | + | of said wildlife habitat stamp. |
---|
| 1391 | + | C. There is hereby created in the State Treasury a revolving |
---|
| 1392 | + | fund for the Oklahoma Wildlife Conservation Commission to be |
---|
| 1393 | + | designated the “Wildlife Land Acquisition Fund”. The fund shall be |
---|
| 1394 | + | a continuing fund, not subject to fiscal year limitations, and shall |
---|
| 1395 | + | consist of all monies received pursuant to the provisions of this |
---|
| 1396 | + | section deposited by the Oklahoma Wildlife Conser vation Commission. |
---|
1492 | | - | and the fee for these licenses, permits and stamps; and any rules |
---|
1493 | | - | necessary to implement the provisions of this section . |
---|
1494 | | - | H. 1. C. Any person arrested for hunting game other than deer, |
---|
1495 | | - | antelope, elk, bear or turkey without a valid hunting license as |
---|
1496 | | - | required by the provisions of subsection A of this section may |
---|
1497 | | - | purchase a substitute temporary thirty -day license from the |
---|
1498 | | - | arresting game warden in lieu of posting bond. Proof of hunter |
---|
1499 | | - | safety certification will not be required for the temporary |
---|
1500 | | - | substitute license. The Commission shall, by rule, determine the |
---|
1501 | | - | fee for a substitute license purchased pursuant to the provisions of |
---|
1502 | | - | this subsection shall be: |
---|
1503 | | - | a. for legal residents, Fifty Dollars ($50.00), and |
---|
1504 | | - | b. for nonresidents, One Hundred Forty -five Dollars |
---|
1505 | | - | ($145.00). |
---|
1506 | | - | 2. Except as otherwise provided for by this subsection, the |
---|
1507 | | - | fees from licenses purchased pursuant to the provisions of this |
---|
1508 | | - | subsection shall be deposited in the Wildlife Conservation Fund to |
---|
1509 | | - | be used exclusively for developing, managing, preserv ing, and |
---|
1510 | | - | protecting wildlife and wildlife habitat . |
---|
1511 | | - | I. D. Any person producing proof in court that a current |
---|
1512 | | - | hunting license issued by the Department of Wildlife Conservation to |
---|
1513 | | - | that person was in force at the time of the alleged offense shall be |
---|
1514 | | - | entitled to dismissal of a charge of violating this section upon |
---|
1515 | | - | payment of court costs. If proof of a current hunting license |
---|
1516 | | - | |
---|
1517 | | - | SB774 HFLR Page 30 |
---|
1518 | | - | BOLD FACE denotes Committee Amendments. 1 |
---|
1519 | | - | 2 |
---|
1520 | | - | 3 |
---|
1521 | | - | 4 |
---|
1522 | | - | 5 |
---|
1523 | | - | 6 |
---|
1524 | | - | 7 |
---|
1525 | | - | 8 |
---|
1526 | | - | 9 |
---|
1527 | | - | 10 |
---|
1528 | | - | 11 |
---|
1529 | | - | 12 |
---|
1530 | | - | 13 |
---|
1531 | | - | 14 |
---|
1532 | | - | 15 |
---|
1533 | | - | 16 |
---|
1534 | | - | 17 |
---|
1535 | | - | 18 |
---|
1536 | | - | 19 |
---|
1537 | | - | 20 |
---|
1538 | | - | 21 |
---|
1539 | | - | 22 |
---|
1540 | | - | 23 |
---|
1541 | | - | 24 |
---|
1542 | | - | |
---|
1543 | | - | issued by the Department to the person that was in force at the time |
---|
1544 | | - | of the alleged offense is presented to the court or district |
---|
1545 | | - | attorney within seventy-two (72) hours after the violation, the |
---|
1546 | | - | charge shall be dismissed without payment of court costs. |
---|
1547 | | - | J. E. Unless a substitute license is purchased as provided for |
---|
1548 | | - | by subsection H C of this section, any resident convicted of |
---|
1549 | | - | violating the provisions of this section shall be punished by the |
---|
1550 | | - | imposition of a fine of not less than Twenty-five Dollars ($25.00) |
---|
1551 | | - | Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), |
---|
1552 | | - | or by imprisonment in the county jail for a period not to exceed |
---|
1553 | | - | thirty (30) days, or by both. |
---|
1554 | | - | K. F. Unless a substitute license is purchased as provided for |
---|
1555 | | - | by subsection H C of this section, any nonresident convicted of |
---|
1556 | | - | violating the provisions of this section shall be punished by the |
---|
1557 | | - | imposition of a fine of not less than Two Hundred Dollars ($200.00) |
---|
1558 | | - | nor more than Five Hundred Dollars ($500.00), or by imprisonment in |
---|
1559 | | - | the county jail for a period not to exceed six (6) months, or by |
---|
1560 | | - | both. |
---|
1561 | | - | L. G. The Oklahoma Wildlife Conservation Commission shall |
---|
1562 | | - | promulgate any rules necessa ry to implement the provisions of this |
---|
1563 | | - | section. |
---|
1564 | | - | SECTION 9. AMENDATORY 29 O.S. 2011, Section 4 -132, as |
---|
1565 | | - | amended by Section 120, Chapter 304, O.S.L. 2012 (29 O.S. Supp. |
---|
1566 | | - | 2020, Section 4-132), is amended to read as follows: |
---|
1567 | | - | |
---|
1568 | | - | SB774 HFLR Page 31 |
---|
1569 | | - | BOLD FACE denotes Committee Amendments. 1 |
---|
1570 | | - | 2 |
---|
1571 | | - | 3 |
---|
1572 | | - | 4 |
---|
1573 | | - | 5 |
---|
1574 | | - | 6 |
---|
1575 | | - | 7 |
---|
1576 | | - | 8 |
---|
1577 | | - | 9 |
---|
1578 | | - | 10 |
---|
1579 | | - | 11 |
---|
1580 | | - | 12 |
---|
1581 | | - | 13 |
---|
1582 | | - | 14 |
---|
1583 | | - | 15 |
---|
1584 | | - | 16 |
---|
1585 | | - | 17 |
---|
1586 | | - | 18 |
---|
1587 | | - | 19 |
---|
1588 | | - | 20 |
---|
1589 | | - | 21 |
---|
1590 | | - | 22 |
---|
1591 | | - | 23 |
---|
1592 | | - | 24 |
---|
1593 | | - | |
---|
1594 | | - | Section 4-132. A. The Department of Wildlife Conservation is |
---|
1595 | | - | hereby authorized to issue an Oklahoma Wildlife Habitat Stamp to any |
---|
1596 | | - | person upon the voluntary payment of a fee of Ten Dollars ($10.00). |
---|
1597 | | - | Said fee shall be deposited in the Wildlife Land Acquisition Fund |
---|
1598 | | - | created in subsection C of this section. |
---|
1599 | | - | B. The Oklahoma Wildlife Conservation Commission shall |
---|
1600 | | - | promulgate rules specifying the form, design, and manner of issuance |
---|
1601 | | - | of said wildlife habitat stamp. |
---|
1602 | | - | C. There is hereby created in the State Treasury a revolv ing |
---|
1603 | | - | fund for the Oklahoma Wildlife Conservation Commission to be |
---|
1604 | | - | designated the "Wildlife Land Acquisition Fund". The fund shall be |
---|
1605 | | - | a continuing fund, not subject to fiscal year limitations, and shall |
---|
1606 | | - | consist of all monies received pursuant to the provisi ons of this |
---|
1607 | | - | section deposited by the Oklahoma Wildlife Conservation Commission. |
---|
1670 | | - | SB774 HFLR Page 33 |
---|
1671 | | - | BOLD FACE denotes Committee Amendments. 1 |
---|
1672 | | - | 2 |
---|
1673 | | - | 3 |
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1674 | | - | 4 |
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1675 | | - | 5 |
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1676 | | - | 6 |
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1677 | | - | 7 |
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1678 | | - | 8 |
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1679 | | - | 9 |
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1683 | | - | 13 |
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1684 | | - | 14 |
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1685 | | - | 15 |
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1686 | | - | 16 |
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1687 | | - | 17 |
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1688 | | - | 18 |
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1689 | | - | 19 |
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1690 | | - | 20 |
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1691 | | - | 21 |
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1692 | | - | 22 |
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1693 | | - | 23 |
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1694 | | - | 24 |
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1695 | | - | |
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1696 | | - | section may be sold by the Oklahoma Wildlife Conservation Commission |
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1697 | | - | and the proceeds from such sale s shall be deposited in the Wildlife |
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1698 | | - | Land Acquisition Fund created in subsection C A of this section. |
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1699 | | - | F. D. Whenever the Oklahoma Wildlife Conservation Commission |
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1700 | | - | acquires title to land pursuant to this section, the Commission |
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1701 | | - | shall annually make in lieu of tax payments equal to the average ad |
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1702 | | - | valorem tax per acre paid on similar land in that county. Said |
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1703 | | - | payments Payments shall be made to the county treasurer of the |
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1704 | | - | county in which the land is located. |
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1705 | | - | E. The Oklahoma Wildlife Conservation Commission sh all |
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1706 | | - | prescribe any rules necessary to implement the provisions of this |
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1707 | | - | section with legislative approval pursuant to the Administrative |
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1708 | | - | Procedures Act. |
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1709 | | - | SECTION 10. AMENDATORY 29 O.S. 2011, Section 4 -134, as |
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1710 | | - | amended by Section 121, C hapter 304, O.S.L. 2012 (29 O.S. Supp. |
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1711 | | - | 2020, Section 4-134), is amended to read as follows: |
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1712 | | - | Section 4-134. A. There is hereby created in the State |
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1713 | | - | Treasury a revolving fund for the Oklahoma Wildlife Conservation |
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1714 | | - | Commission to be designated the "Wildlife Heritage Fund". The fund |
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1715 | | - | shall be a continuing fund, not subject to fiscal year limitations, |
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1716 | | - | and shall consist of all monies received from senior citizen |
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1717 | | - | lifetime licenses issued pursuant to the provisions of paragraphs 4 |
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1718 | | - | through 6 of subsection B of Sect ion 4-114 of this title deposited |
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1719 | | - | by the Oklahoma Wildlife Conservation Commission. The Oklahoma |
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1720 | | - | |
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1721 | | - | SB774 HFLR Page 34 |
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1722 | | - | BOLD FACE denotes Committee Amendments. 1 |
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1723 | | - | 2 |
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1724 | | - | 3 |
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1725 | | - | 4 |
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1726 | | - | 5 |
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1727 | | - | 6 |
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1728 | | - | 7 |
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1729 | | - | 8 |
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1730 | | - | 9 |
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1731 | | - | 10 |
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1732 | | - | 11 |
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1733 | | - | 12 |
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1734 | | - | 13 |
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1735 | | - | 14 |
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1736 | | - | 15 |
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1737 | | - | 16 |
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1738 | | - | 17 |
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1739 | | - | 18 |
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1740 | | - | 19 |
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1741 | | - | 20 |
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1742 | | - | 21 |
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1743 | | - | 22 |
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1744 | | - | 23 |
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1745 | | - | 24 |
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1746 | | - | |
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1747 | | - | Wildlife Conservation Commission is hereby authorized to invest all |
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1748 | | - | or part of the monies of said the fund in any investment permitted |
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1749 | | - | by a written investment policy adopted by the Wildlife Conservation |
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1750 | | - | Commission; provided, all investments shall be made in accordance |
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1751 | | - | with the Oklahoma Uniform Prudent Investor Act. Any interest or |
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1752 | | - | dividends accruing from such investments shall be deposited in the |
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1753 | | - | Wildlife Heritage Fund. Only interest and dividends derived from |
---|
1754 | | - | the principle can be expended and are hereby appropriated and may be |
---|
1755 | | - | budgeted and expended by the Oklahoma Wildlife Conservation |
---|
1756 | | - | Commission for the purposes specified in subsection B of this |
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1757 | | - | section. Any monies withdrawn from said the fund by the Oklahoma |
---|
1758 | | - | Wildlife Conservation Commission for investment pursuant to this |
---|
1759 | | - | subsection shall be deemed to be for the purposes specified in |
---|
1760 | | - | subsection B of this section. Expenditures from said the fund shall |
---|
1761 | | - | be made upon warrants issued by the State Treasurer against claims |
---|
1762 | | - | filed as prescribed by law with the Director of the Office of |
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1763 | | - | Management and Enterprise Services for approval and payment. |
---|
1764 | | - | B. The Wildlife Heritage Fund shall be used by the Oklahoma |
---|
1765 | | - | Wildlife Conservation Commission for the acquisition of land on a |
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1766 | | - | willing-seller willing-buyer basis only, leasing of land, and the |
---|
1767 | | - | taking of easements, and for the development, management, and |
---|
1768 | | - | enhancement of such lands acquired pursuant to this section for the |
---|
1769 | | - | following purposes: |
---|
1770 | | - | |
---|
1771 | | - | SB774 HFLR Page 35 |
---|
1772 | | - | BOLD FACE denotes Committee Amendments. 1 |
---|
| 1446 | + | ENGR. S. B. NO. 774 Page 30 1 |
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1851 | | - | Commission to be designated the "Oklahoma Wildlife Land Fund". The |
---|
1852 | | - | fund shall be a continuing fund, not subject to fiscal year |
---|
1853 | | - | limitations, and shall consist of all monies received pursuant to |
---|
1854 | | - | the provisions of Sections 4-110, 4-112 and 4-113 of this title from |
---|
1855 | | - | fees for the Oklahoma Wildlife Land Stamp and required to be |
---|
1856 | | - | deposited in the fund, subsection G of Section 4 -114 of this title |
---|
1857 | | - | from fees for the Lifetime Oklahoma Wildlife Land Stamp and required |
---|
1858 | | - | to be deposited in the fund and any other monies received from fees |
---|
1859 | | - | for the Oklahoma Wildlife Land Stamp and required to be deposited in |
---|
1860 | | - | the fund deposited by the Commission . All monies accruing to the |
---|
1861 | | - | credit of the fund are hereby appropriated and shall be expended by |
---|
1862 | | - | the Commission as follows exclusively: |
---|
1863 | | - | 1. An amount equal to Four Dollars ($4.00) per stamp to be used |
---|
1864 | | - | to To retire the obligations and related expenses as authorized |
---|
1865 | | - | pursuant to Section 168.9 of Title 73 of the Oklahoma Statutes or to |
---|
1866 | | - | purchase, lease, or purchase easements on real property to be used |
---|
1867 | | - | as public hunting, fishing, and trapping areas; and |
---|
1868 | | - | 2. An amount equal to fifty cents ($0.50) per stamp to be used |
---|
1869 | | - | by the Commission for For the management of the real property |
---|
1870 | | - | acquired pursuant to Section 168.9 of Title 73 of the Oklahoma |
---|
| 1527 | + | Commission to be designated the “Wildlife Heritage Fund”. The fund |
---|
| 1528 | + | shall be a continuing fund, not subject to fiscal year limitations, |
---|
| 1529 | + | and shall consist of all monies received from senior citi zen |
---|
| 1530 | + | lifetime licenses issued pursuant to the provisions of paragraphs 4 |
---|
| 1531 | + | through 6 of subsection B of Section 4 -114 of this title deposited |
---|
| 1532 | + | by the Oklahoma Wild life Conservation Commission. The Oklahom a |
---|
| 1533 | + | Wildlife Conservation Commission is hereby authorized to invest all |
---|
| 1534 | + | or part of the monies of said the fund in any investment permi tted |
---|
| 1535 | + | by a written investment policy a dopted by the Wildlife Conservation |
---|
| 1536 | + | Commission; provided, all investments shall be made in accordance |
---|
| 1537 | + | with the Oklahoma Uniform Prudent Invest or Act. Any interest or |
---|
| 1538 | + | dividends accruing from such investments shall be de posited in the |
---|
| 1539 | + | Wildlife Heritage Fund . Only interest and dividends derived from |
---|
| 1540 | + | the principle can be expended and are hereb y appropriated and may be |
---|
| 1541 | + | budgeted and expended by the Oklahoma Wildlife Conservation |
---|
| 1542 | + | Commission for the purposes specified in subse ction B of this |
---|
| 1543 | + | section. Any monies withdrawn from said the fund by the Oklahoma |
---|
| 1570 | + | Wildlife Conservation Commission for inves tment pursuant to this |
---|
| 1571 | + | subsection shall be deemed to be for the purposes specified in |
---|
| 1572 | + | subsection B of this section. Expenditures fr om said the fund shall |
---|
| 1573 | + | be made upon warrants issued by the State Treasurer against claims |
---|
| 1574 | + | filed as prescribed by law with th e Director of the Office of |
---|
| 1575 | + | Management and Enterprise S ervices for approval and payment. |
---|
| 1576 | + | B. The Wildlife Heritage Fund shall be use d by the Oklahoma |
---|
| 1577 | + | Wildlife Conservation Commission for the acquisition of land on a |
---|
| 1578 | + | willing-seller willing-buyer basis only, leasing of land, and the |
---|
| 1579 | + | taking of easements, and for the development, management, and |
---|
| 1580 | + | enhancement of such lands acquired pursuant to this section for the |
---|
| 1581 | + | following purposes: |
---|
| 1582 | + | 1. Management of game animals, protected ani mals and birds, |
---|
| 1583 | + | furbearing animals, game birds, fish, and their restoration, |
---|
| 1584 | + | propagation, and protection; and |
---|
| 1585 | + | 2. Creation and management of public hunting, fishing, a nd |
---|
| 1586 | + | trapping areas as places where the public may hunt, fish, or trap as |
---|
| 1587 | + | authorized by law. |
---|
| 1588 | + | C. The Oklahoma Wildlife Conserv ation Commission may accept |
---|
| 1589 | + | private contributions, gran ts, and donations made for the purposes |
---|
| 1590 | + | of this section. Any monies received pursuant to this subsection |
---|
| 1591 | + | shall be deposited in the Wildlife Heritage Fund created in |
---|
| 1592 | + | subsection A of this section. Any property received pursuant to |
---|
| 1593 | + | this subsection which is not suitable for the purposes of this |
---|
| 1594 | + | |
---|
| 1595 | + | ENGR. S. B. NO. 774 Page 33 1 |
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| 1596 | + | 2 |
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| 1597 | + | 3 |
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| 1598 | + | 4 |
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| 1599 | + | 5 |
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| 1600 | + | 6 |
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| 1601 | + | 7 |
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| 1602 | + | 8 |
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| 1603 | + | 9 |
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| 1606 | + | 12 |
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| 1607 | + | 13 |
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| 1608 | + | 14 |
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| 1609 | + | 15 |
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| 1610 | + | 16 |
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| 1611 | + | 17 |
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| 1612 | + | 18 |
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| 1613 | + | 19 |
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| 1614 | + | 20 |
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| 1615 | + | 21 |
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| 1616 | + | 22 |
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| 1617 | + | 23 |
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| 1618 | + | 24 |
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| 1619 | + | |
---|
| 1620 | + | section may be sold by the Oklahoma Wil dlife Conservation Commission |
---|
| 1621 | + | and the proceeds from such sales shall be deposited in the Wildlife |
---|
| 1622 | + | Heritage Fund created in s ubsection A of this section. |
---|
| 1623 | + | D. Whenever the Oklahoma Wildlife Conservation Commission |
---|
| 1624 | + | acquires title to land pursuant to this sect ion, the Commission |
---|
| 1625 | + | shall annually make in lieu of tax payments equal to the average ad |
---|
| 1626 | + | valorem tax per acre paid on similar land in that county. Said |
---|
| 1627 | + | payments Payments shall be made to the county treasurer of the |
---|
| 1628 | + | county in which the land is located to be distributed by said the |
---|
| 1629 | + | county treasurer in the manner provided for by law for ad valorem |
---|
| 1630 | + | tax payments. |
---|
| 1631 | + | SECTION 11. AMENDATORY 29 O.S. 2011, Section 4 -141, is |
---|
| 1632 | + | amended to read as follows: |
---|
| 1633 | + | Section 4-141. A. There is hereby created in the State |
---|
| 1634 | + | Treasury a revolving fu nd for the Oklahoma Wildlife Conservati on |
---|
| 1635 | + | Commission to be designated the “Oklahoma Wildlife Land Fund”. The |
---|
| 1636 | + | fund shall be a continuing fund, not subject to fiscal year |
---|
| 1637 | + | limitations, and shall consist of all monies received pursuant to |
---|
| 1638 | + | the provisions of Se ctions 4-110, 4-112 and 4-113 of this title from |
---|
| 1639 | + | fees for the Oklahoma Wildlife Land Stamp and required to be |
---|
| 1640 | + | deposited in the fund, subsectio n G of Section 4-114 of this title |
---|
| 1641 | + | from fees for the Lifetime Ok lahoma Wildlife Land Stamp and required |
---|
| 1642 | + | to be deposited in the fund and any other monies received from fees |
---|
| 1643 | + | for the Oklahoma Wildlife Land Stamp and required to be deposited in |
---|
| 1644 | + | |
---|
| 1645 | + | ENGR. S. B. NO. 774 Page 34 1 |
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| 1646 | + | 2 |
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| 1647 | + | 3 |
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| 1648 | + | 4 |
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| 1649 | + | 5 |
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| 1650 | + | 6 |
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| 1651 | + | 7 |
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| 1652 | + | 8 |
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| 1654 | + | 10 |
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| 1655 | + | 11 |
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| 1656 | + | 12 |
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| 1657 | + | 13 |
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| 1658 | + | 14 |
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| 1659 | + | 15 |
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| 1660 | + | 16 |
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| 1661 | + | 17 |
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| 1662 | + | 18 |
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| 1663 | + | 19 |
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| 1664 | + | 20 |
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| 1665 | + | 21 |
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| 1666 | + | 22 |
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| 1667 | + | 23 |
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| 1668 | + | 24 |
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| 1669 | + | |
---|
| 1670 | + | the fund deposited by the Commission. All monies accruing to the |
---|
| 1671 | + | credit of the fund are hereby appropriated and shall be expended by |
---|
| 1672 | + | the Commission as follows exclusively: |
---|
| 1673 | + | 1. An amount equal to Four Dollars ($4.00) per stamp to be used |
---|
| 1674 | + | to To retire the obligations and related expenses as authorized |
---|
| 1675 | + | pursuant to Section 168.9 of Titl e 73 of the Oklahoma Statutes or to |
---|
| 1676 | + | purchase, lease, or purchase easements on real proper ty to be used |
---|
| 1677 | + | as public hunting, fishing, and trapping areas; and |
---|
| 1678 | + | 2. An amount equal to fifty cents ($ 0.50) per stamp to be used |
---|
| 1679 | + | by the Commission for For the management of the real property |
---|
| 1680 | + | acquired pursuant to Sect ion 168.9 of Title 73 of the Oklahoma |
---|
1904 | | - | SECTION 12. REPEALER 29 O.S. 2011, Sections 4 -103, 4- |
---|
| 1687 | + | SECTION 12. AMENDATORY 29 O.S. 2011, Section 5 -203, is |
---|
| 1688 | + | amended to read as follows: |
---|
| 1689 | + | Section 5-203. A. A hunting dog trainer may carry shotguns or |
---|
| 1690 | + | firearms on public or private property, other than state parks where |
---|
| 1691 | + | hunting game to kill is prohibited, while training bird hunting dogs |
---|
| 1692 | + | provided that: |
---|
| 1693 | + | |
---|
| 1694 | + | ENGR. S. B. NO. 774 Page 35 1 |
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| 1695 | + | 2 |
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| 1696 | + | 3 |
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| 1697 | + | 4 |
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| 1698 | + | 5 |
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| 1699 | + | 6 |
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| 1700 | + | 7 |
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| 1701 | + | 8 |
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| 1707 | + | 14 |
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| 1709 | + | 16 |
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| 1710 | + | 17 |
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| 1714 | + | 21 |
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| 1715 | + | 22 |
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| 1716 | + | 23 |
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| 1717 | + | 24 |
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| 1718 | + | |
---|
| 1719 | + | 1. The trainer notifies the game warden in the region prior to |
---|
| 1720 | + | going into the field; |
---|
| 1721 | + | 2. The trainer has a dog training shoot to ki ll an appropriate |
---|
| 1722 | + | license, issued by the Oklahoma Department of as determined by the |
---|
| 1723 | + | rules promulgated by the Oklahoma Wildlife Conservation. The fee |
---|
| 1724 | + | for the license shall not exceed Ten Dollars ($10.00) per year |
---|
| 1725 | + | Commission; |
---|
| 1726 | + | 3. The trainer has a current receipt from a licensed commercial |
---|
| 1727 | + | or noncommercial game breeder of the propagated bird which is being |
---|
| 1728 | + | released for the training purpo ses, stating the number of birds and |
---|
| 1729 | + | the date obtained or has proof that the bird was reared by the |
---|
| 1730 | + | trainer; and |
---|
| 1731 | + | 4. All propagated birds so used are tagged or banded prior to |
---|
| 1732 | + | their release. The use of a bird hunting dog may be permitted in |
---|
| 1733 | + | the legal hunting of quail, dove, prairie chickens, pheasant and |
---|
| 1734 | + | waterfowl. |
---|
| 1735 | + | B. A person may carry a pistol while training a bird dog |
---|
| 1736 | + | without having met the provisions of paragraphs 1 through 4 of |
---|
| 1737 | + | subsection A of this section. |
---|
| 1738 | + | SECTION 13. REPEALER 29 O.S. 2011, Sections 4-103, 4- |
---|
1913 | | - | Section 5, Chapter 229, O.S.L. 2017, 4 -143, 4-144 and 5-203 (29 O.S. |
---|
1914 | | - | Supp. 2020, Sections 4-111, 4-114, 4-130, 4-135.1, 4-136, 4-138 and |
---|
1915 | | - | 4-140), are hereby repealed. |
---|
1916 | | - | SECTION 13. Sections 1, 2, 3, 4, 5, 9, 10 and 11 of this act |
---|
| 1773 | + | Section 5, Chapter 229, O.S.L. 2017, 4 -143 and 4-144 (29 O.S. Supp. |
---|
| 1774 | + | 2020, Sections 4-111, 4-114, 4-130, 4-135.1, 4-136, 4-138 and 4- |
---|
| 1775 | + | 140), are hereby repealed. |
---|
| 1776 | + | SECTION 14. Sections 1, 2, 3, 4, 5, 9, 10 and 11 of this act |
---|