Req. No. 1034 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) SENATE BILL 954 By: Kidd AS INTRODUCED An Act relating to hunting; amending 29 O.S. 2021, Section 4-112A, which relates to the certificate of competency and safety; requiring applicants of a certain license to receive certificate; allowing individuals to apply for a hunting guide license from the Department of Wi ldlife Conservation; directing Department to promulgate rules for licensure; requiring certain requirements of persons prior to application; setting license fee maximum; exempting certain individuals from licensure ; establishing penalties; providing for codification; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 29 O.S. 2021, Section 4 -112A, is amended to read as follows: Section 4-112A. A. No person thirty (30) years of age or younger may purchase or receive any hunting li cense or hunting tag unless the person possesses an d can exhibit a certificate of competency and safety in the use and handling of firearms from the Department of Wildlife Conservation. The Department shall charge no fee for the issuance of certificates. Persons under ten (10) years of age may take the h unter education course but are not eligible to Req. No. 1034 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 be tested for and receive hunter safety certification. A hunter safety certificate issued by another state or country and approv ed by the Department of Wildl ife Conservation shall be deemed to meet the requirements of this section. B. A youth hunter under sixteen (16) years of age hunt ing small game shall be exempt f rom the hunter safety certification requirements set forth in sub section A of this section if they are accompanied by a licensed hunter eighteen (18) years of age or older who possesses a certificate of hunter safety or is e xempt from the hunter safety certification requirements. The accompanying hunter shall be in sight of the youth hunter and sh all be able to communicate with the youth hunter in a normal voice without the aid of any communication device. A youth hunter wh o possesses a certificate of hunter safety may hunt small game without an accompanying hunter as long as the youth hunter carr ies the certification on their person. C. Persons under thirty (30) years of age who do not possess a certificate of hunter safet y may purchase or receive any hu nting license or permit which is required by law with the designa tion apprentice listed on the hunter education line of the license or permit. A person holding a license or permit with the apprentice designation shall be al lowed to hunt only if they are a ccompanied by a licensed hunter eighteen (18) years of age or old er who possesses a certificate of hunter safety or is exempt from the hunter saf ety Req. No. 1034 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 certification requirements or is accompanied by a person exempt from the hunting license requirements. In addition, all persons under ten (10) years of age, when hunting b ig game, regardless of hunter safety certification, shall be accompanied by a li censed hunter eighteen (18) years of age or older who possesses a certificate o f hunter safety or is exempt fro m the hunter safety certification requirements or is accompanied by a person exempt from the h unting license requirement. When hunting big game, the accompanying hunter shall be within arm's length of the apprentice hunter or close enough so that the acco mpanying hunter can immediately take control of the firearm or ar chery equipment of the appren tice hunter. When hunting small game, the accompan ying hunter shall be in sight of the apprentice hunter and shall be able to com municate with the apprentice hunter in a normal voice without the aid of any communication device . D. Legal residents who do not possess a certificate of hunter safety may purchase a lifetime hunting license or lifetime combination hunting/fishing license with the designation apprentice listed on the hunter education line of the license. A resident holding a lifetime license wi th the apprentice designation shall be allowed to hunt only if they comply with the accompanying hunter requirements as set forth in subsection C of this section. Upon obtaining a certificate of hunter safety, a resident holdi ng a Req. No. 1034 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 lifetime license with th e apprentice designation shall be entitled to renew their license without the apprentice designation. E. No person may purchase or receive a hunting guide license unless the person possesses and can exhibit a c ertificate of competency and safety in the us e and handling of firearms from the Department of Wildlife Conservation . The Department shall charge no fee for the issuance of this certificate. A hunter safety certificate issued by another state or country and approved by the Department of Wildlife Co nservation shall be deemed to meet the requirements of this subsection. The exemption provided in subsection G of this section shall not apply to the requirements of this subsection. F. The Department of Wildlife Conservation sh all promulgate rules necessary for the certification of programs for hunter s afety offered by other public or private organizations. F. The G. Except as provided in subsection E of this sectio n, the provisions of this section shall no t apply to any person who has an honorable discharge from the United States Armed Forces, who is currently on active duty in the United States Armed Forces or a member of the National Guard. In addition, the provisions of this section shall not apply to a ny person who is a re sident landowner or a resident tenant, while hunting game other than deer or antelope, upon land owned or leased by the person. The provisions of this Req. No. 1034 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 subsection shall not exempt nonresidents owning land in this state nor any person leasing land, for the purpose of hunting. G. H. Any person convicted of violating the provisions of this section shall be punished by the imposition of a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) or by imprisonme nt in the county jail for a period not to exceed thirty (30) days, or by both fine and impriso nment. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 4-112B of Title 29, unless there is created a duplication in numbering, reads as follows: A. Except as otherwise provided in the Oklah oma Wildlife Conservation Code, no person shall assist, accompany, transport, guide, or aid persons in the taking of game for compensation or other consideration without having first procured a license specified in subsection B of this section from the Dir ector of the Department of Wildlife Conservation or from any of the authorized agents of the Department. B. The Department shall pr omulgate rules for a hunting guide license for persons who assist, accompany, transport, guide, or aid persons in the taking of game for compensation or other consideration. All persons making application for a hunting guide license shall: 1. Be eighteen (18) years of age or older; Req. No. 1034 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Be able to produce a valid license to operate a motor vehicle or other positive proof of id entification, age, and residency, and any such license issued shall show such data as well as the date and time of i ssuance; and 3. Receive a certificate of competency and safety in use and handling of firearms pursuant to subsection E of Section 4 -112A of Title 29 of the Oklahoma Statutes . C. The fee for a license under this section shall not exceed Two Hundred Dollars ($200.00) annually. D. The provisions of this section shall not apply to landowners or agricultural lessee who provide such service s on properties they own or lease. E. The provisions of this section shall not exempt a perso n procuring a guide lice nse pursuant to this section from any other hunting licenses as required by law. F. Any person convicted of violating the provisions of this section shall be punished by a fine not more than Two Thousand Dollars ($2,000.00). SECTION 3. This act shall become effective November 1, 2023. 59-1-1034 MR 1/19/2023 11:23:39 AM