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ENGROSSED SENATE
BILL NO. 648 By: Bergstrom and Garvin of the
Senate
and
Hardin of the House
An Act relating to feral swine; amending 29 O.S.
2021, Section 4-135, as amended by Section 1, Chapter
171, O.S.L. 2022 (29 O.S. Supp. 2022, S ection 4-135),
which relates to permits to control nuisance or
damage by wildlife; removing provision for night
hunting and requirement to prove certain exemption;
and providing an effective dat e.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 2021, Section 4-135, as
amended by Section 1, Chapter 171, O.S.L. 2022 (29 O.S. Supp. 2022,
Section 4-135), is amended to read as follows:
Section 4-135. A. The Department of Wildlife Conser vation is
authorized to issue permits to landowners, agricultural lessees, or
their designated agents with written permission of the landowner or
agricultural lessee and to any entity of state, county, or local
government to control nuisance or damage by a ny species of wildlife
including, but not limited to, beaver, coyote, deer, bobcat, raccoon
and crow under rules promulgated by the Oklahoma Wildlife
Conservation Commission. The permits may be issued wit hout
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limitation by statewide season regulations, ba g limits or methods of
taking. A permitted landowner, agricultural lessee or a designated
agent with written permission of the landowner or agricultural
lessee may, with a valid permit issued pursuant to this section,
control the wildlife specified in thi s subsection and feral swine at
night to protect marketable agricu ltural crops, livestock or
processed feed, seed or other materials used in the productio n of an
agricultural commodity.
B. Except as otherwise specified in this subsection, the permit
to hunt at night shall be valid for a period of up to one (1) year
from the date the permit was issued. Landowners or agricultural
lessees with a valid permit shall be required to have a current
agricultural exemption permit issued by the Oklahoma Tax Commissi on.
C. Notwithstanding the provisions of Section 5-203.1 of this
title, a landowner, agricultural lessee, or designated agent with
written permission of the landowner and with a valid permit may use
a headlight carried on the person while hunting at night. Nothing
in this section shall authorize the use of a headlight mounted on a
vehicle or the use of a headlig ht from a public roadway.
D. Any person who has been convicted of, or pled guilty to, a
violation of Section 5-203.1 or Section 5-411 of this title within
the previous three (3) years shall not be eligible to receive a
permit pursuant to this section. Th e permit can be issued by the
local game warden in the county for which the permit is to be used
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or by the Law Enforcement Division of the Department of Wildlife
Conservation.
E. It shall be lawful for any private landowner or designated
employee of the landowner or lessee to have a chamber-loaded firearm
on property owned by the landowner, and to use the firearm for the
purpose of controlling nuis ance or damage by any wildlife or feral
swine. Nothing in this section shall authorize any convicted felon
to carry a firearm.
SECTION 2. This act shall become effective November 1, 2023.
Passed the Senate the 2nd day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives