HB3856 HFLR Page 1 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUSE OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 2nd Session of the 59th Legislature (2024) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 3856 By: Cornwell of the House and Pemberton of the Senate COMMITTEE SUBSTITUTE An Act relating to wildlife; 29 O.S. 2021, Section 4- 112, as last amended by Secti on 1, Chapter 96, O.S.L. 2023 (29 O.S. Supp. 2023, Section 4 -112), which relates to hunting licenses; mod ifying license authorizations; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. SECTION 1. AMENDATORY 29 O.S. 2021, Section 4-112, as last amended by Section 1, Chapter 9 6, O.S.L. 2023 (29 O.S. Supp. 2023, Section 4 -112), is amended to read as follows: A. Except as otherwise provided for in the Okl ahoma Wildlife Conservation Code or the Oklahoma Farmed Cervidae Act, no person may hunt, pursue, trap, harass, catch, kill, take or attempt to take in any manner, use, have in pos session, sell, or transport all or any portion of any wildlife except fish, without having first procured a HB3856 HFLR Page 2 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 license from the Department of Wildlife Conservation. The Wildlife Conservation Commission shall designate a consecutive Saturday and Sunday in September of each year as free hunting days in which residents of this state ma y hunt without first procuring a hunting license pursuant to the provisions of this section. B. The following legal residents of Oklahoma shall be exempt from the annual hunting l icense requirement of paragraph 1 of subsection F of this section and the fo llowing nonresidents shall be exempt from the annual nonresident hunting licenses required pursuant to paragraphs 1 and 2 of subsection C of this section: 1. Legal residents under sixteen (16) years of age; 2. Legal residents sixty-five (65) years of age or older provided they have obtained a senior citizen lifetime hunting or combination hunting and fishing license pursuant to the provisions of Section 4-114 of this title; 3. Legal residents born on or before January 1, 1923; 4. Legal resident veterans having a disability of sixty percent (60%) or more; 5. Legal resident owners or tenants who hunt on land owned or leased by them; 6. Any nonresident under fourteen (14) years of age; 7. Legal residents having a proven d isability which renders them nonambulatory and confines them to a wheelchair, as certified HB3856 HFLR Page 3 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 by a physician licensed in this state or in any state which borders this state; 8. Any legal resident or nonresident unde r eighteen (18) years of age who is in the physical custody of a child care facility as defined by Section 402 of Title 10 of the Oklahoma Statutes; and 9. Any legal resident or nonresident hunting, pursuing, trapping, harassing, catching, killing, taking , or attempting to take in any manner any specie s of rattlesnake during an o rganized rattlesnake-hunting event or festival and who has a rattlesnake permit issued pursuant to Section 4 -143 of this title. C. Except as otherwise provided for in the Oklahoma Wildlife Conservation Code, the nonresident hun ting licenses issued pursuan t to this section and the fee for each license shall be: 1. Annual hunting license for nonresidents hunting game other than deer, antelope, elk or bear which expires on December 3 1 of the year purchased – One Hundred Forty-one Dollars ($141.00). Nonresidents hunting big game, combination big game and upland game or exotic wildlife in a comm ercial hunting area shall be required to have this license; 2. Annual hunting license for n onresidents hunting game other than deer, antelope, elk or bear which expire s on June 30 of the fiscal year purchased – One Hundred Seventy-five Dollars ($175.00). Nonresidents hunting big game, combination big game and upland game HB3856 HFLR Page 4 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 or exotic wildlife in a commercial hunting area shall be required to have this license; 3. Gun hunting license for deer: a. during deer gun seasons for youth nonresidents seventeen (17) years of age or younger which shall be valid for hunting one antlerless deer allowed during the current calendar year deer gun seasons – Thirty Dollars ($30.00), b. during deer gun seasons for youth nonresidents seventeen (17) years of age or younger which shall be valid for hunting one antlered or antlerless deer allowed during the current calen dar year deer gun seasons – Ninety-nine Dollars ($99.00), and c. during deer gun seasons for nonresidents which shall be valid for hunting all deer allowed during t he current calendar year deer gun season - Two Hundred Ninety-nine Dollars ($299.00); 4. Archery hunting license for deer for nonresidents which shall expire on Januar y 15 of the calendar year after the year purchased or, if purchased during the deer arch ery season, it shall expire at the end of that deer archery season: a. during deer archery s easons for youth nonresidents seventeen (17) years of age or younger which s hall be valid for hunting one antlerless deer allowed during HB3856 HFLR Page 5 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the current deer archery se asons – Thirty Dollars ($30.00), b. during deer archery seasons for youth nonresidents seventeen (17) years of age or younger which shall be valid for hunting one antle red or antlerless deer allowed during the current deer archery seasons – Ninety-nine Dollars ($99.00), and c. during deer archery seasons for nonresidents which shall be valid for hunting all deer allowed during the current deer archery season - Two Hundred Ninety-nine Dollars ($299.00); 5. Primitive firearms hunting license for deer for: a. during deer primitive firearms seasons for youth nonresidents seventeen (17) years of age o r younger which shall be valid for hunting one a ntlerless deer allowed during the current calendar year deer primitive firearms seasons – Thirty Dollars ($30.00), b. during deer primitive firearms seasons for youth nonresidents seventeen (17) years of age or younger which shall be valid for hunting one antlered or antlerless deer allowed during the current calendar year deer primitive firearms seasons – Ninety-nine Dollars ($99.00), and HB3856 HFLR Page 6 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. during deer primitive firearms seasons for nonresidents which shall be valid for hunting all deer allowed during the current calendar year deer primitive firearms season - Two Hundred Ninety-nine Dollars ($299.00); 6. Hunting license for antelope for nonresidents – Three Hundred Five Dollars ($305.00); 7. Hunting license for elk for nonresidents – Three Hundred Five Dollars ($305.00); 8. Five-day hunting license for nonresidents hunting game other than deer, antelope, elk, quail, turkey or bear – Seventy-four Dollars ($74.00). Nonresidents hunting big game, combination big game and upland game or exotic wildlife in a commercial hunting area shall be required to have this license; 9. Ten-day hunting license for nonresidents hunti ng small game in a commercial hunting area – Five Dollars ($5.00); and 10. Five-day hunting license for nonresidents hunting winged upland game, excluding wild turkey, in a commercial hunting area – Fifteen Dollars ($15.00). D. The Department of Wildlife Conservation shall provide a report to both the President Pro Tempore of the Senate and the Speaker of the House of Representatives by Febru ary 1 of 2019 and 2020 setting forth information regarding licenses issued pursuant to HB3856 HFLR Page 7 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 paragraphs 3, 4 and 5 of sub section C of this section, which shall include, but not be limited to: 1. The number of lic enses issued during the most recent respective deer hunting seasons; and 2. A fiscal analysis comparing revenue generated from the fees of the licenses issued duri ng the most recent respective deer hunting seasons compared to previous years and whether th e deer hunting license structure is beneficial to the Department. E. Of the fees collected pursuant to the provisions of subsection C of this section: 1. Five Dollars ($5.00) of the license fee of each license issued pursuant to paragraphs 1 through 7 of subsection C of this section and Two Dollars and fifty cents ($2.50) of the license fee for each license issued pursuant to paragraph 8 of subsection C of this section shall be deposited in the Wildlife Land Acquisition Fund created pursuant to the provis ions of Section 4-132 of this title; and 2. Five Dollars ($5.00) of the lice nse fee for each license issued pursuant to paragraphs 1 through 8 of subsection C of t his section shall be for the Oklahoma Wildlife Land Stamp and shall be deposited in the Okla homa Wildlife Land Fund created pursuant to the provisions of Section 4-141 of this title. HB3856 HFLR Page 8 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 F. Except as otherwise provided , the resident hunting licenses issued pursuant to this section and the fee for each license shall be: 1. Annual hunting license for residents eighteen (18) years of age and older which expires on December 31 of the year purchased - Twenty-four Dollars ($24.00); 2. Annual hunting license for residents eighteen (18) years of age and older which expires on June 30 of the fiscal year pur chased – Thirty-one Dollars ($31.00); 3. Annual hunting license for resident s sixteen (16) or seventeen (17) years of age which expires on December 31 of the year purchased - Four Dollars ($4.00); 4. Annual hunting license for residents sixteen (16) or seventeen (17) years of age which expires on June 30 of the fiscal year purchased – Six Dollars ($6.00); 5. Ten-day hunting license for residents for small game and upland winged game, excluding wild turkey, in a commercial hunting area - Five Dollars ($5.00) ; 6. Five-year disability hunting license for residents of this state for at least six (6) months who are receiving Social Security Disability benefits, Supplemental Security Income benefits or disability benefits under the Railroad Retirement Act, 45 U.S .C.A., Section 231a, or residents who are one -hundred-percent disabled and are receiving disability payments from the Multiple Injury Trust HB3856 HFLR Page 9 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Fund pursuant to Section 31 of Title 85A of the Oklahoma Statutes - Ten Dollars ($10.00); 7. Gun hunting license fo r deer for residents eighteen (18) years of age or older - Nineteen Dollars ($19.00). The following persons shall be exempt: a. residents with proper certification fr om the United States Department of Veterans Affairs or its successor, certifying that the person is a disabled veteran in receipt of co mpensation at the one-hundred- percent rate, and b. residents hunting in big game or combination big game and upland game commercial hunting areas; 8. Gun hunting license for deer for residents under eighteen (18) years of age – Nine Dollars ($9.00); 9. Archery hunting license for d eer for residents eighteen (18) years of age or older - Nineteen Dollars ($19.00). The follo wing persons shall be exempt: a. residents with proper certification from the United States Department of Veterans Affairs or its successor, certifying that the pe rson is a disabled veteran in receipt of compensation at the one -hundred- percent rate, and b. residents hunting in big game or combination big game and upland game commercial hunting areas; HB3856 HFLR Page 10 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 10. Archery hunting license for deer for residents under eighteen (18) years of age - Nine Dollars ($9.00); 11. Primitive firearms hunting license for deer f or residents eighteen (18) years of age or older - Nineteen Dollars ($19.00). The following persons shall be exempt: a. residents with proper certification from t he United States Department of Veterans Affairs or its successor, certifying that the person is a disabled veteran in receipt of compensation at the one -hundred- percent rate, and b. residents hunting in big game or combination b ig game and upland game comm ercial hunting areas; 12. Primitive firearms hunting license for deer for residents under eighteen (18) years of age - Nine Dollars ($9.00); 13. Hunting license for elk for residen ts - Fifty Dollars ($50.00). Residents huntin g in big game or combination big game and upland game commercial hunting areas shall be exempt from this license; 14. Hunting license for antelope for residents – Fifty Dollars ($50.00). Residents hunting in big game or combination big game and upland game commercial hunting areas shall be exempt from this license; and HB3856 HFLR Page 11 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 15. Bonus, special or additional gun hunting license for deer for residents - Nineteen Dollars ($19.00). The following persons shall be exempt: a. residents with proper certification from the United States Department of Veterans Affairs or its successor, certifying that the person is a disabled veteran in receipt of compensation at the one -hundred- percent rate, and b. residents hunting in big g ame or combination big game and upland game commercial hunting areas. G. Residents hunting big game, combination big game and upland game or exotic wildlife in a commercial hunting area shall be required to have one of the following licenses: 1. An annual hunting license issued pursuant to paragraph 1, 2, 3 or 4 of subsection F of this section; 2. An annual hunting and fishing combination license issued pursuant to Section 4-113 of this title; 3. A five-year hunting license or five -year combination hunt ing and fishing license issued pursuant to Sec tion 4-113.1 of this title; or 4. A lifetime hunting license or lifetime combination hunting and fishing license issued pursuant to Section 4 -114 of this title.; or HB3856 HFLR Page 12 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. A ten-day hunting license for residents hunting small game and upland winged game, ex cluding wild turkey for Five D ollars ($5.00). H. Of the fees collected pursuant to the provisions of paragraphs 1 and 2 of subsection F of this section, Five Dollars ($5.00) of the license fee shall be for the Oklahoma Wildlife Land Stamp and shall be deposited in the Oklahoma Wildlife L and Fund created pursuant to the provisions of Section 4 -141 of this title. I. The provisions of this section shall not be construed to require a hunting license, resident or no nresident, of any person merely because the person participates, as owner or h andler of an entry, as an official, or as a spectator in the conduct of a field trial or performance test of dogs, whether a resident or nonresident of the State of Oklahoma. No license to hunt shall be required o f any person engaged in training or workin g dogs, provided that person is in no way engaged in hunting and does not take or attempt to take in any manner any game. J. 1. Any person arrested for hunting game other than deer, antelope, elk, bear or turkey without a valid hunting license as required by the provisions of subsection A of this section may purchase a substitute temporary thirty -day license from the arresting game warden in lieu of posting bond. Proof of hunte r safety certification will not be r equired for the temporary HB3856 HFLR Page 13 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 substitute license. The fee for a substitute license purchased pursuant to the provisions of this subsection shall be: a. for legal residents, Fifty Dollars ($50.00), and b. for nonresidents, One Hundred Forty-five Dollars ($145.00). 2. Except as otherwise provided for by this subsection, the fees from licenses purchased pursuant to the provisions of this subsection shall be deposited in the Wildlife Conservation Fund to be used exclusively for developing, managing, preserving, a nd protecting wildlife and wildlife habita t. K. Any person producing proof in court that a current hunting license issued by the Department of Wildlife Conservation to that person was in force at the time of the alleged offense shall be entitled to dismissal of a charge of violating this section upon payment of court costs. If proof of a current hunting license issued by the Department to the person that was in force at the time of the alleged offense is presented to th e court or district attorney within seventy-two (72) hours after the violation , the charge shall be dismissed without payment of court costs. L. Unless a substitute license is purchased as provided for by subsection J of this section, any resident convict ed of violating the provisions of th is section shall be punished by the imposi tion of a fine of not less than Twenty -five Dollars ($25.00) nor more HB3856 HFLR Page 14 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 than Two Hundred Dollars ($200.00), or by imprisonment in the county jail for a period not to exceed thirty (30) days, or by both. M. Unless a substitute license is purchased as provide d for by subsection J of this section, any nonresident convicted of violating the provisions of this section shall be punished by the imposition of a fine of not less than Two Hu ndred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or by im prisonment in the county jail for a period not to exceed six (6) months, or by both. SECTION 2. This act shall become effective November 1, 2024. COMMITTEE REPORT BY: COMMITTEE ON WILDLIFE, dated 02/29/2024 - DO PASS, As Amended and Coauthored.