Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB812 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 812 By: Murdock of the Senate
7	37
8	38		and
9	39
10	40		Fetgatter of the House
11	41
12	42
13	43
14	44
15	45		An Act relating to game and fish; amending 29 O.S.
16	46		2011, Section 4-101, as amended by Section 1, Chapter
17	47		341, O.S.L. 2013 (29 O.S. Supp. 2020, Section 4 -101),
18	48		which relates to licenses; authorizing submission of
19	49		license or permit to a Department of Wildlife
20	50		Conservation officer; authorizing certain electronic
21	51		transfers; amending Section 2, Chapter 200, O.S.L.
22	52		2012 (29 O.S. Supp. 2020, Section 5 -202.1), which
23	53		relates to license revocation; authorizing submission
24	54		of license or permit to a Department of Wildlife
25	55		Conservation officer; authorizing certain electronic
26	56		transfers; amending 29 O.S. 2011, Section 7 -205, as
27	57		amended by Section 2, Chapter 286, O.S.L. 2013 (29
28	58		O.S. Supp. 2020, Section 7 -205), which relates to
29	59		capture or mutilation of protected wildlife;
30	60		authorizing submission of license or permit to a
31	61		Department of Wildlife Conservation officer;
32	62		authorizing certain electronic transfers; and
33	63		providing an effective date .
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39		-	SUBJECT: Modifying license revocation process
40		-
41	69		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
42		-
43	70		SECTION 1. AMENDATORY 29 O.S. 2011, Section 4 -101, as
44	71		amended by Section 1, Chapter 341, O.S.L. 2013 (29 O.S. Supp. 2020,
45	72		Section 4-101), is amended to read as follows:
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48		-	ENR. S. B. NO. 812 Page 2
49	100		Section 4-101. A. All licenses and permits issued by the
50	101		Director of Wildlife Conservation, the Department of Wildlife
51	102		Conservation or by any of i ts agents shall be used only in
52	103		conformity with the provisions of this title and the rules
53	104		promulgated by the Oklahoma Wildlife Conservation Commission.
54		-
55	105		B. All persons making application for any licenses required by
56	106		this section shall produce a valid lice nse to operate a motor
57	107		vehicle or other positive proof of identification, age and
58	108		residency, and any such license issued shall show such data as well
59	109		as the date and time of issuance.
60		-
61	110		C. All licenses are nontransferable. No person shall alter,
62	111		change, lend or transfer any license. No person shall use or borrow
63	112		a license which has not been issued to that person by the Director,
64	113		the Department or by any of its agents pursuant to the provisions of
65	114		this section.
66		-
67	115		D. No person may engage in activities requiri ng a license
68	116		without that person’s carrying such license on their person and
69	117		producing the same for an inspection upon the demand of any Oklahoma
70	118		citizen or game warden.
71		-
72	119		E. Any person required to produce a license must also identify
73	120		themselves as the pers on to whom such license was issued, and
74	121		failure or refusal to comply shall be deemed prima facie evidence of
75	122		a violation of this section.
	123	+	F. Unless otherwise provided in this Code:
76	124
77		-	F. Unless otherwise provided in this Code:
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79	151		1. Hunting licenses issued pursuant to paragraph 1 of
80	152		subsection C and paragraphs 1 and 3 of subsection E of Section 4 -112
81	153		of this title and paragraphs 1 and 3 of subsection B of Section 4 -
82	154		113 of this title shall expire on December 31 of the year issued.
83	155		Hunting licenses issued pursuant to paragraph 2 of subsection C and
84	156		paragraphs 2 and 4 of subsection E of Section 4 -112 of this title
85	157		and paragraphs 2 and 4 of subsection B of Section 4 -113 of this
86	158		title shall expire on June 30 of the fiscal year issued. All other
87	159		licenses shall terminate December 31 for the year issued; and
88		-
89	160		2. Any person convicted of violating any of the provisions of
90	161		this title may have any or all licenses held by that person or the
91		-
92		-	ENR. S. B. NO. 812 Page 3
93	162		privilege of applying for, purchasing or exercising the benefits
94	163		conferred by the licenses revoked by the Department in accorda nce
95	164		with rules promulgated by the Commission or by a court of competent
96	165		jurisdiction for a period of not less than one (1) year. For
97	166		purposes of this paragraph, a court conviction, a plea of guilty, a
98	167		plea of nolo contendere, the imposition of a deferred or suspended
99	168		sentence by a court, or forfeiture of bond shall be deemed a
100	169		conviction.
101		-
102	170		G. Should any license or permit issued pursuant to Part 1 of
103	171		Article IV of this title be lost or destroyed, duplicates will be
104	172		issued by the Department at a fee of One D ollar and fifty cents
105	173		($1.50).
106	174
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107	201		H. Upon harvesting any whitetail or mule deer, or any other
108	202		wildlife where the hunter, according to Commission rules, is
109	203		required to check the wildlife in at a Department check station, the
110	204		taker of the wildlife shall:
111		-
112	205		1. Securely attach the name of the taker, time of harvest, date
113	206		of harvest and license number to the carcass of the wildlife;
114		-
115	207		2. Check in the carcass of the wildlife electronically using
116	208		the online check station provided on the official website of the
117	209		Oklahoma Department of Wildlife Conservation or as prescribed by
118	210		rule of the Commission, within twenty -four (24) hours of leaving the
119	211		hunt area and in all cases prior to processing the carcass; and
120		-
121	212		3. Not remove evidence of the sex of the animal until after the
122	213		carcass of the animal has been checked in.
123		-
124	214		I. It shall be unlawful for any license or permit holder to
125	215		knowingly make a false statement or give false information to any
126	216		authorized hunter check station or to an authorized Department
127	217		employee when complying with the provisions of subsection H of this
128	218		section. Information which may be collected at a Department check
129	219		station shall include but not be limited to the name, address,
130	220		license or permit number and signature of the taker, the date, time,
131	221		county, method or weapon of the kill, sex and weight of carcass,
132	222		whether or not the animal was taken on public hunting land and if so
133	223		in what area, or any other information which may be required by the
134	224		Commission.
135	225
136		-	ENR. S. B. NO. 812 Page 4
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138	252		J. 1. Any person convicted of violating the provisio ns of this
139	253		section or of making a false statement or giving any false
140	254		information in order to acquire any license or permit, pursuant to
141	255		the provisions of this section, shall be punishable by a fine of not
142	256		less than One Hundred Dollars ($100.00) nor more t han Two Hundred
143	257		Fifty Dollars ($250.00), or by imprisonment in the county jail for a
144	258		period not to exceed ten (10) days, or by both such fine and
145	259		imprisonment. Any person convicted of a second or subsequent
146	260		violation of the provisions of this section or o f making a false
147	261		statement or giving any false information in order to acquire any
148	262		license or permit, pursuant to the provisions of this section, shall
149	263		be punishable by a fine of not less than Two Hundred Fifty Dollars
150	264		($250.00) nor more than Seven Hundred Fifty Dollars ($750.00), or by
151	265		imprisonment in the county jail for a period not to exceed ten (10)
152	266		days, or by both such fine and imprisonment.
	267	+	2. Any hunting or fishing license issued to a person by the
	268	+	Department of Wildlife Conservation shall be autom atically revoked
	269	+	upon conviction of the person of violating the provisions of this
	270	+	section. The revocation shall be for a period set by the court of
	271	+	not less than one (1) year nor more than ten (10) years. If the
	272	+	court does not set a period, the revocati on shall be for one (1)
	273	+	year from the date of the conviction. During this period of
	274	+	revocation, the Department shall not issue the person a hunting or
	275	+	fishing license. If the court does not set a revocation period, the
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154		-	2. Any hunting or fishing license issued to a person by the
	277	+	SB812 HFLR Page 6
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	303	+	Department shall not issue that per son a license within one (1) year
	304	+	of the conviction of the person pursuant to this section. A person
	305	+	who has a license or permit revoked pursuant to this section shall
	306	+	surrender the revoked license or permit to the court , or the court
	307	+	may order the defend ant to surrender the license or permit directly
	308	+	to an officer from the Department of Wildlife Conservation present
	309	+	at the hearing. The If the license or permit is surrendered to the
	310	+	court, the court shall send the Department of Wildlife Conservation
	311	+	the revoked license and. The court shall also send the Department a
	312	+	copy of the judgment of conviction. For purposes of this section,
	313	+	“conviction” shall include a plea of guilty or nolo contendere to an
	314	+	offense or the imposition of deferred adjudication for a n offense.
	315	+	In lieu of sending a paper copy of the documents and information
	316	+	required by this subsection, the court clerk may transmit the
	317	+	conviction information by using an electronic method authorized by
	318	+	the Department of Wildlife Conservation.
	319	+	K. Any person who has had their license privileges revoked
	320	+	shall not be entitled to purchase, apply for, or exercise the
	321	+	benefits conferred by any license until the revocation period has
	322	+	expired or the person has obtained approval from the Director. Any
	323	+	person violating the provisions of this subsection, upon conviction,
	324	+	shall be punished by a fine of not more than Five Hundred Dollars
	325	+	($500.00), or by imprisonment in a county jail for a term of not
	326	+	more than ninety (90) days or by both the fine and imprisonment.
	327	+
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	354	+	Upon conviction under this subsection, the previously granted
	355	+	license revocation period shall be extended by two (2) additional
	356	+	years.
	357	+	SECTION 2. AMENDATORY Section 2, Chapter 200, O.S.L.
	358	+	2012 (29 O.S. Supp. 2020, Section 5-202.1), is amended to read as
	359	+	follows:
	360	+	Section 5-202.1. A. Any hunting or fishing license issued to a
	361	+	person by the Department of Wildlife Conservation shall be
	362	+	automatically revoked on final conviction of the person of an
	363	+	offense under subsection J of Sectio n 5-202 of Title 29 of the
	364	+	Oklahoma Statutes this title. The revocation shall be for a period
	365	+	set by the court of not less than one (1) year or more than ten (10)
	366	+	years. If the court does not set a period, the revocation shall be
	367	+	for one (1) year from th e date the conviction becomes final. During
	368	+	this period of revocation, the Department shall not issue that
	369	+	person a hunting or fishing license. If the court does not set a
	370	+	period, the Department shall not issue that person a license before
	371	+	the first anniversary of the date the conviction becomes final.
	372	+	B. A person who has a license or permit revoked under this
	373	+	section shall surrender the revoked license or permit to the court ,
	374	+	or the court may order the defendant to surrender the license or
	375	+	permit directly to an officer from the Department of Wildlife
	376	+	Conservation present at the hearing . The If the license or permit
	377	+	is surrendered to the court, the court shall send the Department of
	378	+
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	405	+	Wildlife Conservation the revoked license and. The court shall also
	406	+	send the Department a copy of the judgment of conviction. In lieu
	407	+	of sending a paper copy of the documents and information required by
	408	+	this subsection, the court clerk may transmit the conviction
	409	+	information by using an electronic method authorized by the
	410	+	Department of Wildlife Conservation.
	411	+	C. For purposes of this section, “final conviction” shall
	412	+	include a plea of guilty or nolo contendere to or the imposition of
	413	+	deferred adjudication for an offense.
	414	+	SECTION 3. AMENDATORY 29 O.S. 2011, Section 7-205, as
	415	+	amended by Section 2, Chapter 286, O.S.L. 2013 (29 O.S. Supp. 2020,
	416	+	Section 7-205), is amended to read as follows:
	417	+	Section 7-205. A. Excluding furbearers and coyotes, no person
	418	+	may capture, kill, mutilate or destroy any wildlife p rotected by law
	419	+	and remove the head, claws, teeth, hide, antlers, horns or any or
	420	+	all of such parts from the body with the intent to abandon the body.
	421	+	B. Excluding furbearers and coyotes, no person may capture or
	422	+	mutilate any living wildlife protected by law by removing the claws,
	423	+	teeth, hide, antlers, horns or any or all of such parts from the
	424	+	body.
	425	+	C. No person may kill any wildlife protected by law and abandon
	426	+	the body without disposing of the body in the most appropriate
	427	+	manner.
	428	+
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	455	+	D. Any person convict ed of violating the provisions of this
	456	+	section shall be punished by a fine of not less than Five Hundred
	457	+	Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or
	458	+	by imprisonment in the county jail for not more than one (1) year,
	459	+	or by both fine and imprisonment.
	460	+	E. Any hunting or fishing license issued to a person by the
155	461		Department of Wildlife Conservation shall be automatically revoked
156	462		upon conviction of the person of violating the provisions of this
157	463		section. The revocation shall be for a per iod set by the court of
158	464		not less than one (1) year nor more than ten (10) years. If the
159	465		court does not set a period, the revocation shall be for one (1)
160	466		year from the date of the conviction. During this period of
161	467		revocation, the Department shall not issu e the person a hunting or
162	468		fishing license. If the court does not set a revocation period, the
163	469		Department shall not issue that person a license within one (1) year
164	470		of the conviction of the person pursuant to this section. A person
165	471		who has a license or per mit revoked pursuant to this section shall
166	472		surrender the revoked license or permit to the court , or the court
167	473		may order the defendant to surrender the license or permit directly
168	474		to an officer from the Department of Wildlife Conservation present
169	475		at the hearing. The If the license or permit is surrendered to the
170	476		court, the court shall send the Department of Wildlife Conservation
171	477		the revoked license and. The court shall also send the Department a
172	478		copy of the judgment of conviction. For purposes of this sect ion,
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173	506		“conviction” shall include a plea of guilty or nolo contendere to an
174	507		offense or the imposition of deferred adjudication for an offense.
175	508		In lieu of sending a paper copy of the documents and information
176	509		required by this subsection, the court clerk may t ransmit the
177	510		conviction information by using an electronic method authorized by
178	511		the Department of Wildlife Conservation.
179		-
180		-	ENR. S. B. NO. 812 Page 5
181		-
182		-	K. Any person who has had th eir license privileg es revoked
183		-	shall not be entitled to purchase, ap ply for, or exercise the
184		-	benefits conferred by any license until the revocation period has
185		-	expired or the person has obtained approval from t he Director. Any
186		-	person violating the provisio ns of this subsectio n, upon conviction,
187		-	shall be punished by a fine of not more than Five Hundred Dollars
188		-	($500.00), or by imprisonment in a county jail for a term of not
189		-	more than ninety (90) days or by both the fine and imprisonment.
190		-	Upon conviction under this subsection, the previously granted
191		-	license revocation period shall be extended by two (2) additional
192		-	years.
193		-
194		-	SECTION 2. AMENDATORY Section 2, Chapter 200, O.S.L.
195		-	2012 (29 O.S. Supp. 2020, Section 5-202.1), is amended to rea d as
196		-	follows:
197		-
198		-	Section 5-202.1. A. Any hunting or fishing license i ssued to a
199		-	person by the Department of Wildlife Conservation shall be
200		-	automatically revoked on final conviction of the person of an
201		-	offense under subsection J of Section 5 -202 of Title 29 of the
202		-	Oklahoma Statutes this title. The revocation shall be for a period
203		-	set by the court of not less than one (1) year or more than ten (10)
204		-	years. If the court does not set a period, the revocation shall b e
205		-	for one (1) year from the date the convictio n becomes final. During
206		-	this period of revocation, the Department s hall not issue that
207		-	person a hunting or fishing license. If the court does not set a
208		-	period, the Department shall not issue that person a lic ense before
209		-	the first anniversary of the date the conviction becomes final.
210		-
211		-	B. A person who has a license or perm it revoked under this
212		-	section shall surrender the revoked license or permit to the court ,
213		-	or the court may order the defendant to surrender th e license or
214		-	permit directly to an officer fro m the Department of Wildlife
215		-	Conservation present at the hearing . The If the license or permit
216		-	is surrendered to the court, the court shall send the Department of
217		-	Wildlife Conservation the revoked license and. The court shall also
218		-	send the Department a copy of the judgment of conviction. In lieu
219		-	of sending a paper copy of the documents and information required by
220		-	this subsection, the court clerk may transmit the conviction
221		-	information by using an electronic m ethod authorized by the
222		-	Department of Wildlife Conservation.
223		-
224		-	ENR. S. B. NO. 812 Page 6
225		-
226		-	C. For purposes of t his section, “final conviction” shall
227		-	include a plea of guilty or nolo contendere to or the imposition of
228		-	deferred adjudication for an offense.
229		-
230		-	SECTION 3. AMENDATORY 29 O.S. 2011, Section 7 -205, as
231		-	amended by Section 2, Chapter 28 6, O.S.L. 2013 (29 O.S. Supp. 2020,
232		-	Section 7-205), is amended to read as follows:
233		-
234		-	Section 7-205. A. Excluding furbearers and coyotes, no person
235		-	may capture, kill, mutilate or destroy any wildlife protected by law
236		-	and remove the head, claws, teeth, hide, antlers, horns or any or
237		-	all of such parts from the body with the intent to abandon the body.
238		-
239		-	B. Excluding furbearers and coyotes, no person may capture or
240		-	mutilate any living wildlife protected by law by removing the claws,
241		-	teeth, hide, antlers, horns o r any or all of such parts from the
242		-	body.
243		-
244		-	C. No person may kill any wildlife protected by law and abandon
245		-	the body without disposing of the body in the most appropriate
246		-	manner.
247		-
248		-	D. Any person convicted of violating the provisions of this
249		-	section shall be punished by a fine of not less t han Five Hundred
250		-	Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or
251		-	by imprisonment in the county jail for not more than one (1) year,
252		-	or by both fine and imprisonment.
253		-
254		-	E. Any hunting or fishing license is sued to a person by the
255		-	Department of Wildlife Conservation shall be automatically revoked
256		-	upon conviction of the person of violating the provisions of this
257		-	section. The revocation shall be for a period set by the court of
258		-	not less than one (1) year nor m ore than ten (10) years. If the
259		-	court does not set a period, the revocation shall be for one (1)
260		-	year from the date of the conviction. During this period of
261		-	revocation, the Department shall not issue the person a hunti ng or
262		-	fishing license. If the court does not set a revocation perio d, the
263		-	Department shall not issue that person a license within one (1) year
264		-	of the conviction of the person pursuant to this section. A perso n
265		-	who has a license or permit revoked pursuant to this section shall
266		-	surrender the revoked license or permit to th e court, or the court
267		-
268		-	ENR. S. B. NO. 812 Page 7
269		-	may order the defendant to surrender the license or permit directly
270		-	to an officer from the Department of Wildlife Conser vation present
271		-	at the hearing. The If the license or permit is surrendered to the
272		-	court, the court shall send the Department of Wildlife Conservation
273		-	the revoked license and. The court shall also send the Department a
274		-	copy of the judgment of conviction. For purposes of this section,
275		-	“conviction” shall include a plea of guilty or nolo contendere to an
276		-	offense or the imposition of deferred adjudication for an offense.
277		-	In lieu of sending a paper copy of the documents and information
278		-	required by this subsect ion, the court clerk may transmit the
279		-	conviction information by using an electroni c method authorized by
280		-	the Department of Wildlife Conservation.
281		-
282	512		SECTION 4. This act shall become effective November 1, 2021.
283	513
284		-
285		-	ENR. S. B. NO. 812 Page 8
286		-	Passed the Senate the 3rd day of March, 2021.
287		-
288		-
289		-
290		-	Presiding Officer of the Senate
291		-
292		-
293		-	Passed the House of Representatives the 22nd day of April, 2021.
294		-
295		-
296		-
297		-	Presiding Officer of the House
298		-	of Representatives
299		-
300		-	OFFICE OF THE GOVERNOR
301		-	Received by the Office of the Governor this _______ _____________
302		-	day of _________________ __, 20_______, at _____ __ o'clock _______ M.
303		-	By: _______________________________ __
304		-	Approved by the Governor of the State of Oklahoma this _____ ____
305		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
306		-
307		-	_________________________________
308		-	Governor of the State of Oklahoma
309		-
310		-
311		-	OFFICE OF THE SECRETARY OF STATE
312		-	Received by the Office of the Secretary of State this _______ ___
313		-	day of __________________, 20 _______, at _______ o'clock _______ M.
314		-	By: _______________________________ __
	514	+	COMMITTEE REPORT BY: COMMITTEE ON WILDLIFE, dated 04/08/2 021 - DO
	515	+	PASS.