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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 812 By: Murdock
AS INTRODUCED
An Act relating to game and fish; amending 29 O.S.
2011, Section 4-101, as amended by Section 1, Chapter
341, O.S.L. 2013 (29 O.S. Supp. 2020, Section 4-101),
which relates to licenses; authorizing submission of
license or permit to a Department of Wildlife
Conservation officer; authorizing cer tain electronic
transfers; amending Section 2, Chapter 200, O.S.L.
2012 (29 O.S. Supp. 20 20, Section 5-202.1), which
relates to license revocation; authorizing submission
of license or permit to a Department of Wildlife
Conservation officer; authorizing ce rtain electronic
transfers; amending 29 O.S. 2 011, Section 7-205, as
amended by Section 2, Chapte r 286, O.S.L. 2013 (29
O.S. Supp. 2020, Section 7-205), which relates to
capture or mutilation of protected wildlife;
authorizing submission of license or perm it to a
Department of Wildlife Conservation of ficer;
authorizing certain electronic transfers; an d
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 2011, Sec tion 4-101, as
amended by Section 1, Chapt er 341, O.S.L. 2013 (29 O.S. Supp. 2018,
Section 4-101), is amended to r ead as follows:
Section 4-101. A. All licenses and permits issued by the
Director of Wildlife Conservation, the Department of Wildlife
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Conservation or by any of its agents shall be u sed only in
conformity with the provisions of this title and the rules
promulgated by the Oklahoma Wildlife Conservation Commission.
B. All persons making application for any licenses required by
this section shall produce a valid license to operate a mot or
vehicle or other positive proof of identificatio n, age and
residency, and any such license issued shall show such data as well
as the date and time of issuance.
C. All licenses are nontransferable. No per son shall alter,
change, lend or transfer any l icense. No person shall use or borrow
a license which has not been issu ed to that person by the Director,
the Department or by any of its agents pursuant to the provisions of
this section.
D. No person may engage in activities requiring a license
without that person’s carrying such license on their perso n and
producing the same for an inspection upon the demand of any Oklahoma
citizen or game warden.
E. Any person required to produce a license must also iden tify
themselves as the person to whom such lice nse was issued, and
failure or refusal to comply sh all be deemed prima f acie evidence of
a violation of this section.
F. Unless otherwise provided in this Code:
1. Hunting licenses issued pursuant to paragra ph 1 of
subsection C and paragraphs 1 and 3 of subsection E of Section 4 -112
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of this title and par agraphs 1 and 3 of su bsection B of Section 4 -
113 of this title shall expire on December 31 of the year issued.
Hunting licenses issued pursuant to paragraph 2 of subsection C and
paragraphs 2 and 4 of sub section E of Section 4 -112 of this title
and paragraphs 2 and 4 of subse ction B of Section 4 -113 of this
title shall expire on June 30 of the fiscal year issued. All other
licenses shall terminate December 31 for the year issued; and
2. Any person convic ted of violating any of the provisions of
this title may have any or all licenses held by that person or the
privilege of applying for, purchasing or exercising the benefits
conferred by the licenses revoked b y the Department in accordance
with rules promulgated by the Commission or by a court of competent
jurisdiction for a p eriod of not less than one (1) year. For
purposes of this paragraph, a court conviction, a plea of guilty, a
plea of nolo contendere, th e imposition of a deferred or suspended
sentence by a court, or forfeiture of bond shall be deemed a
conviction.
G. Should any license or permit issued pursuant to Part 1 of
Article IV of this title be lost or destroyed, duplicates will be
issued by the Department at a fee of One Dollar and fifty cent s
($1.50).
H. Upon harvesting any whitetail or mul e deer, or any other
wildlife where the hunter, according to Commission rules, is
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required to check the wildlife in at a Department check station, the
taker of the wildlife shall:
1. Securely attach the n ame of the taker, time of harvest, date
of harvest and license number to the carcass of the wildlife;
2. Check in the carcass of the wildlife electronically using
the online check station provided on the offi cial website of the
Oklahoma Department of Wild life Conservation or as prescribed by
rule of the Commission, within twe nty-four (24) hours of leaving the
hunt area and in all cases prior to processing the carcass; and
3. Not remove evidence of the sex of the animal until after the
carcass of the anima l has been checked in.
I. It shall be unlawful for any license or permi t holder to
knowingly make a false statement or give false information to any
authorized hunter check station or to an authorized Departm ent
employee when complying with the provisions of subsection H of this
section. Information whic h may be collected at a Department check
station shall include but not be limited to the name, address,
license or permit number and signature of the taker, t he date, time,
county, method or weapon of the kill, sex and weight of carcass,
whether or not the animal was taken on public hunting land and if so
in what area, or any other information which may be required by the
Commission.
J. 1. Any person convicte d of violating the provisions of this
section or of making a false statement or giving any false
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information in order t o acquire any license or permit, pursuant to
the provisions of this section, shall be punishable by a fine of not
less than One Hundred D ollars ($100.00) nor more than Two Hundred
Fifty Dollars ($250.00), or by imprisonment in the coun ty jail for a
period not to exceed ten (10) days, or by both such fine and
imprisonment. Any person convicted of a second or subsequent
violation of the prov isions of this section or of making a false
statement or giving any false information in order to acquire any
license or permit, pursuant to the provisions of this section, shall
be punishable by a fine of not less than Two Hundred Fifty Dollars
($250.00) nor more than Seven Hundred Fifty Dollars ($750 .00), or by
imprisonment in the county jail for a p eriod not to exceed t en (10)
days, or by both such fine and imprisonment.
2. Any hunting or fishing license issued to a person by the
Department of Wildlife Conservation shall be automatically revoked
upon conviction of the person of violating the provisi ons of this
section. The revocation shall be for a period set by the court of
not less than one (1) year nor more than ten (10) years. If the
court does not set a period, the revocation shall be for one (1)
year from the date of the conviction. During t his period of
revocation, the Department shall not issue the person a hunting or
fishing license. If the court does not set a revocation period, the
Department shall not issue that person a license within one (1) year
of the conviction of the person pursu ant to this section. A person
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who has a license or permit revoked pursuant to this section shall
surrender the revoked license or permit to the court , or the court
may order the defendant to surrender the license or permit directly
to an officer from the Department of Wildlif e Conservation present
at the hearing. The If the license or permit is surrendered to the
court, the court shall send the Department of Wildlife Conservation
the revoked license and. The court shall also send the Department a
copy of the judgment of conv iction. For purposes of this section,
“conviction” shall include a plea of guilty or nolo contendere to an
offense or the imposition of deferred adjudication for an offense.
In lieu of sending a paper copy of the documents and inform ation
required by this subsection, the court clerk may transmit the
conviction information by using an electronic method authorized by
the Department of Wildl ife Conservation.
K. Any person who has had th eir license privileges revoked
shall not be entitle d to purchase, apply for, or exercise the
benefits conferred by any license until the revocation period has
expired or the person has obtained approval from t he Director. Any
person violating the provisio ns of this subsection, upon conviction,
shall be punished by a fine of not more than Five Hundred Dollars
($500.00), or by imprisonment in a county jail for a term of not
more than ninety (90) days or by both the fine and imprisonment.
Upon conviction under this subsection, the previously granted
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license revocation period shall be extended by two (2) additional
years.
SECTION 2. AMENDATORY Section 2, Chapter 200, O.S.L.
2012 (29 O.S. Supp. 2018, Section 5 -202.1), is amended to rea d as
follows:
Section 5-202.1. A. Any hunting or fishing license issu ed to a
person by the Department of Wildlife Conservation shall be
automatically revoked on final conviction of the person of an
offense under subsection J of Section 5 -202 of Title 29 of the
Oklahoma Statutes this title. The revocation shall be for a per iod
set by the court of not less than one (1) year or more than ten (10)
years. If the court does not set a period, the revocation shall b e
for one (1) year from the date the convictio n becomes final. During
this period of revocation, the Department shall not issue that
person a hunting or fishing license. If the court does not set a
period, the Department shall not issue that person a lic ense before
the first anniversary of the date the conviction becomes final.
B. A person who has a license or permit revoked under this
section shall surrender the revoked license or permit to the court ,
or the court may order the defendant to surrender th e license or
permit directly to an officer fro m the Department of Wildlife
Conservation present a t the hearing. The If the license or permit
is surrendered to the court, the court shall send the Department of
Wildlife Conservation the revoked license and. The court shall also
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send the Department a copy of the judgment of conviction. In lieu
of sending a paper copy of the documents and information required by
this subsection, the court clerk may transmit the conviction
information by using an electronic m ethod authorized by the
Department of Wildlife Conservation.
C. For purposes of this section, “final conviction” shall
include a plea of guilty or nolo contendere to or the imposition of
deferred adjudication for an offense.
SECTION 3. AMENDATORY 29 O.S. 2011, Section 7 -205, as
amended by Section 2, Chapter 286, O.S.L. 2013 (29 O.S. Supp. 2018,
Section 7-205), is amended to read as follows:
Section 7-205. A. Excluding furbearers and coyotes, no person
may capture, kill, mutilate or destroy any wildlife protected by law
and remove the head, claws, teeth, hide, antlers, horns or any or
all of such parts from the body with the intent to abandon the body.
B. Excluding furbearers and coyotes, no person may capture or
mutilate any living wildlife protected by law by removing the claws,
teeth, hide, antlers, horns or any or all of such parts from the
body.
C. No person may kill any wildlife protected by law and abandon
the body without disposing of the body in the most appropriate
manner.
D. Any person convicted of violating the provisions of this
section shall be punished by a f ine of not less than Five Hundred
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Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or
by imprisonment in the county jail for not more than one (1) year,
or by both fine and imprisonment.
E. Any hunting or fishing license issued to a perso n by the
Department of Wildlife Conservation shall be automatically revoked
upon conviction of the person of violating the provisions of this
section. The revocation shall be for a period set by the court of
not less than one (1) year nor more than ten (1 0) years. If the
court does not set a period, the revocation shall be for one (1)
year from the date of the conviction. During this period of
revocation, the Department shall not issue the person a hunti ng or
fishing license. If the court does not set a revocation period, the
Department shall not issue that person a license within one (1) year
of the conviction of the person pursuant to this section. A perso n
who has a license or permit revoked pursuant to this section shall
surrender the revoked licens e or permit to the court, or the court
may order the defendant to surrender the license or permit directly
to an officer from the Department of Wildlife Conser vation present
at the hearing. The If the license or permit is surrendered to the
court, the court shall send the Department of Wildlife Conservation
the revoked license and. The court shall also send the Department a
copy of the judgment of conviction. For purposes of this section,
“conviction” shall include a plea of guilty or nolo contendere to an
offense or the imposition of deferred adjudication for an offense.
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In lieu of sending a paper copy of the documents and information
required by this subsect ion, the court clerk may transmit the
conviction information by using an electronic method author ized by
the Department of Wildlife Conservation.
SECTION 4. This act shall become effective November 1, 20 21.
58-1-967 BG 1/21/2021 2:57:35 PM