Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1857 Latest Draft

Bill / Introduced Version Filed 01/17/2024

                             
 
 
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STATE OF OKLAHOMA 
 
2nd Session of the 59th Legislature (2024) 
 
SENATE BILL 1857 	By: Hamilton 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to wildlife; amending 29 O.S. 2021, 
Section 4-112, as last amended by Section 1, Cha pter 
96, O.S.L. 2023 (29 O.S. Supp. 2023, Section 4-112), 
which relates to hunting license; raising fees for 
certain license; amending 29 O.S. 2021, Section 5-
401, which relates to Oklahoma Wildlife Conservation 
Commission powers regarding seasons and bag limits; 
authorizing the Commission to limit certain limits 
for nonresidents; 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 -112, as 
last amended by Section 1, Chapter 96, O.S.L. 2023 (29 O.S. Supp. 
2023, Section 4-112), is amended to read as follows: 
Section 4-112. A.  Except as otherwise provided for in the 
Oklahoma Wildlife Conservation Code or the Oklahoma Farmed Cervidae 
Act, no person may hunt, pursue, trap, haras s, catch, kill, take or 
attempt to take in a ny manner, use, have in possession, sell, or 
transport all or any portion of any wildlife except fish, without 
having first procure d a license from the Department of Wildlife 
Conservation.  The Wildlife Conservat ion Commission shall designate 
a consecutive Saturday an d Sunday in September of each year as free   
 
 
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hunting days in which residents of this state may hunt without first 
procuring a hunting license pursuant to the provisions of this 
section. 
B.  The following legal residents of Oklahoma shall be exemp t 
from the annual hunting license r equirement of paragraph 1 of 
subsection F of this section and the following nonresidents shall b e 
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 li cense pursuant to the provisions 
of Section 4-114 of this title; 
3.  Legal residents born on or before Janua ry 1, 1923; 
4.  Legal resident veterans having a disability of sixt y percent 
(60%) or more; 
5.  Legal resident owners or tenants who hunt on land ow ned or 
leased by them; 
6.  Any nonresident under fourtee n (14) years of age; 
7.  Legal residents having a proven disability which renders 
them nonambulatory and confines them to a wheelchair, as certified 
by a physician licensed in this state or in any sta te which borders 
this state;   
 
 
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8.  Any legal resident or nonresident under eighte en (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 nonres ident hunting, pursuing, 
trapping, harassing, catching, killing, taking, or attempting to 
take in any manner any species of rattlesnake during an organized 
rattlesnake-hunting event or festival and who has a rattlesnake 
permit issued pursuant to Section 4 -143 of this title. 
C.  Except as otherwise p rovided for in the Oklahoma Wildlif e 
Conservation Code, the nonresident hunting licenses issued pursuant 
to this section and the fe e for each license shall be: 
1.  Annual hunting license for nonresidents hunting game other 
than deer, antelope, elk or bear which expire s on December 31 of the 
year purchased – One Hundred Forty-one Dollars ($141.00) Two Hundred 
Eighty-two Dollars ($282.00).  Nonresidents hunting big game, 
combination big game and upland game or exotic wildlife in a 
commercial hunting area shall be req uired to have this license; 
2.  Annual hunting license for nonresidents hunting game other 
than deer, antelope, elk or bear which expires on June 30 of the 
fiscal year purchased – One Hundred Seventy-five Dollars ($175.00) 
Three Hundred Fifty Dollars ( $350.00).  Nonresidents hunting big 
game, combination big game and upland game or exoti c wildlife in a 
commercial hunting area shall be required to have this license; 
3.  Gun hunting license for deer:   
 
 
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a. during deer gun seasons for youth nonresidents 
seventeen (17) years of age or young er which shall be 
valid for hunting one antlerless deer allowed during 
the current calendar year de er gun seasons – Thirty 
Dollars ($30.00) Sixty Dollars ($60.00), 
b. during deer gun seasons for you th 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 gun 
seasons – Ninety-nine Dollars ($99.00) Two Hundred 
Dollars ($200.00), and 
c. during deer gun seasons for nonresident s which shall 
be valid for hunting all deer allowed during the 
current calendar year deer gun season - Two Hundred 
Ninety-nine Dollars ($299.00) Six Hundred Dollars 
($600.00); 
4.  Archery hunting license f or deer for nonresidents which 
shall expire on January 15 of the calendar year af ter 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 seasons for youth nonres idents 
seventeen (17) years of age or younger which shall be 
valid for hunting one antlerless deer allowed during   
 
 
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the current deer archery se asons – Thirty Dollars 
($30.00) Sixty Dollars ($60.00), 
b. during deer archery seasons for youth non residents 
seventeen (17) years of age or younger which shall be 
valid for hunting one antlered or antlerless deer 
allowed during the current deer archery seasons – 
Ninety-nine Dollars ($99.00) Two Hundred Dollars 
($200.00), and 
c. during deer archery seasons for nonresid ents which 
shall be valid for hunting all deer allow ed during the 
current deer archery season - Two Hundred Ninety-nine 
Dollars ($299.00) Six Hundred Dollars ($ 600.00); 
5.  Primitive firearms hunting license for deer for: 
a. during deer primitive firearms 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 
primitive firearms seasons – Thirty Dollars ($30.00) 
Sixty Dollars ($60.00), 
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 allowe d during the current c alendar   
 
 
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year deer primitive firearms seasons – Ninety-nine 
Dollars ($99.00) Two Hundred Dollars ($200.00) , and 
c. during deer primitive firearms seasons for 
nonresidents which shall be valid for huntin g all deer 
allowed during the current calendar year deer 
primitive firearms season - Two Hundred Ninety-nine 
Dollars ($299.00) Six Hundred Dollars ($ 600.00); 
6.  Hunting license for antelope for nonresid ents – Three 
Hundred Five Dollars ($305.00); 
7.  Hunting license for elk for nonr esidents – 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 gam e, 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 hunting small game 
in a commercial hunting area – Five Dollars ($5.00) ; and 
10.  Five-day hunting license for n onresidents hunting winged 
upland game, excluding wild turkey, in a commercial hunting area – 
Fifteen Dollars ($15.00). 
D.  The Department of Wildl ife Conservation shall provide a 
report to both the President Pro Tempore of the Senate and the 
Speaker of the House of Represent atives by February 1 of 2019 and   
 
 
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2020 setting forth information rega rding licenses issued pursuant to 
paragraphs 3, 4 and 5 of subsection C of this section, wh ich shall 
include, but not be limited to: 
1.  The number of licenses issued during the most recent 
respective deer hunting seasons; and 
2.  A fiscal analysis compari ng revenue generated from the fees 
of the licenses issued d uring the most recent respective deer 
hunting seasons compared to previous years and whether the deer 
hunting license structure i s beneficial to the Department. 
E.  Of the fees collected pursuant t o the provisions of 
subsection C of this section: 
1.  Five Dollars ($5.00) of the license f ee of each license 
issued pursuant to paragraphs 1 through 7 of subsecti on 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 pursuan t to the provisions of S ection 4-132 of this 
title; and 
2.  Five Dollars ($5.00) of the license fee for each license 
issued pursuant to paragraphs 1 through 8 o f subsection C of this 
section shall be for the Oklahoma Wildlife Land Stamp and shall be 
deposited in the Oklahoma Wil dlife Land Fund created pursuant to the 
provisions of Section 4 -141 of this title.   
 
 
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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 o f 
age and older which expires on June 30 of the fiscal year purchased 
– Thirty-one Dollars ($31.00); 
3.  Annual hunting license for residents sixteen (16) or 
seventeen (17) years of age which expires on December 31 of the ye ar 
purchased - Four Dollars ($4.00); 
4.  Annual hunting license for residents si xteen (16) or 
seventeen (17) years of age which e xpires on June 30 of the fiscal 
year purchased – Six Dollars ($6.00); 
5. Ten-day hunting license for residents for small game 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 resid ents who are one-hundred-percent disabled and 
are receiving disability payments from the Multiple Injury Trust   
 
 
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Fund pursuant to Section 31 of Title 85A of the O klahoma Statutes - 
Ten Dollars ($10.00); 
7.  Gun hunting license for 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 from the United 
States Department of Vet erans 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 big game 
and upland game commercial hunting are as; 
8.  Gun hunting license for deer for residen ts under eighteen 
(18) years of age – Nine Dollars ($9.00); 
9.  Archery hunting licens e for 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 from the United 
States Department of Veterans Aff airs 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 big game 
and upland game commercial hunting areas;   
 
 
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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 for residents 
eighteen (18) years of ag e or older - Nineteen Dollars ($19.00) .  
The following persons shall be exempt: 
a. residents with proper certification from the U nited 
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 big game 
and upland game commercial hunting areas; 
12.  Primitive firearms hunting licen se for deer for residents 
under eighteen (18) years of age - Nine Dollars ($9.00); 
13.  Hunting license for elk for residents - Fifty Dollars 
($50.00).  Residents hunting in big game or combination big game and 
upland game commercial hunting areas shall b e exempt from this 
license; 
14.  Hunting license for ante lope for residents – Fifty Dollars 
($50.00).  Residents hunting in big game or combination big g ame and 
upland game commercial hunting areas shall be exempt from this 
license; and   
 
 
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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 c ertification 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 game or combination big game 
and upland game commercial hunting area s. 
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 license s: 
1.  An annual hunting license issued pu rsuant 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 hunting 
and fishing license i ssued pursuant to Section 4 -113.1 of this 
title; or 
4.  A lifetime hunting license or lifetime comb ination hunting 
and fishing license issued pursuant to Section 4 -114 of this title. 
H.  Of the fees collected pursuan t to the provisions of 
paragraphs 1 and 2 of subsection F of this section, Five Dollars   
 
 
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($5.00) of the license fee shall be for the Oklaho ma Wildlife Land 
Stamp and shall be deposited in the Oklahoma Wild life Land Fund 
created pursuant to the provision s of Section 4-141 of this title. 
I.  The provisions of this section shall not be cons trued to 
require a hunting license, resident or nonresi dent, of any person 
merely because the person participates, as owner or handler of an 
entry, as an official, or as a sp ectator in the conduct of a field 
trial or performance test of dogs, whether a resident or no nresident 
of the State of Oklahoma .  No license to hunt shall be required of 
any person engaged in training or working dogs, provided that person 
is in no way engaged in hunting and does not take or a ttempt 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 se ction may 
purchase a substitute temp orary thirty-day license from the 
arresting game warden i n lieu of posting bond .  Proof of hunter 
safety certification will not be required for the temporary 
substitute license.  The fee for a substitute license purc hased 
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).   
 
 
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2.  Except as otherwise provided for by this su bsection, the 
fees from licenses pur chased pursuant to the provisions of this 
subsection shall be deposited in the Wildlife Conse rvation Fund to 
be used exclusively for developing, managing, preserving, and 
protecting wildlife and wildlife habitat. 
K.  Any person producing proof in court that a current hunting 
license issued by the Department of Wildlife Conservation to t hat 
person was in force at the time of the allege d 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 t he court or district 
attorney within seventy-two (72) hours after the vio lation, the 
charge shall be dismissed without pa yment of court costs. 
L.  Unless a substitute license is purchased as provided for by 
subsection J of this section, any resident convi cted of violating 
the provisions of this section shall be punished by the imposition 
of a fine of not less than Twenty -five Dollars ($25.00) nor more 
than Two Hundred Dollars ($200.00), or by imprisonment in the county 
jail for a period not to exceed thirt y (30) days, or by both. 
M.  Unless a substitute license is purchased as p rovided for by 
subsection J of this section, any nonresident convicted of violatin g 
the provisions of this section shall be punished b y the imposition 
of a fine of not less than Two Hundred Dollars ($200.00) nor more   
 
 
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than Five Hundred Dollars ($500.00), or by imprisonment in the 
county jail for a period not to exceed six (6) months, or by both. 
SECTION 2.     AMENDATORY     29 O.S. 2021, Section 5 -401, is 
amended to read as follows: 
Section 5-401. A.  The Wildlife Conservation Commission is 
authorized to declare an open season on wildl ife in any counties or 
parts of counties of this state where, in the judgment of the 
Commission, such wildlife exists in sufficient quantity to warrant 
such open season, and suc h open season shall be declared by 
Commission resolution not less than ten (10) days before the season 
is opened. 
B.  The Commission may designate any two (2) consecutive days 
after the open season declared for hunting deer to be senior 
citizen’s hunting days.  During those two (2) days only legal 
residents of Oklahoma who are sixty -four (64) years of age or older 
may hunt deer provided the person has a valid license as otherwise 
provided by law. 
C.  The Commission is further authorized to declare an open 
season on mountain lions and black bears. 
D.  Except as provided in subsection E of this section, the 
Commission is further authorized to prescribe rules necessary to the 
proper conduct and policing of such open season, the amount and kind 
of wildlife that may be taken, and the dates and time limits of such 
season.   
 
 
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E.  Any bowfishing season set for nongame fish by the Commission 
for the Upper Illinois River shall inclu de the following: 
1.  Upstream from the Horseshoe Bend boat ramp to where State 
Highway 51 crosses the Illinois River bowfishing is permitted from 
June 1 to March 31; and 
2.  Upstream from where State Highway 51 crosses the Illinois 
River bowfishing is permitted from Dece mber 1 through March 31. 
F.  The Commission is further authorize d to require any person 
participating in such open season or hunting in open areas during 
open season to procure, under rules prescribed by the Commission, a 
special permit or license to participate in such season or hunt in 
such areas during open season and to charg e residents not to exceed 
Twenty Dollars ($20.00), nonresidents not to exceed Seventy -five 
Dollars ($75.00) and further providing that Five Dollars ($5.00) of 
this fee shall be set aside for compensation to Oklahoma surface 
holders participating in the Acres for Wildlife Program at a rate to 
be determined by the Wildlife Conservation Commission.  No 
exemptions shall be permitted. 
G.  Open seasons, closed seasons, bag limits, catch limits, 
possession limits and territorial limitations set forth in the 
statutes of this state, pertaining to wildlife of every sort, are 
hereby declared to be based on the existence of a normal population 
of such species of wildlife, compatible with and not damaging to the 
proper agricultural use of the lands of the stat e; provided, that   
 
 
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the bag limits set by the Commission for nonresident hunters shall 
not exceed more than half of the limit established for resident 
hunters. 
H.  Such seasons, catch limits, bag limits, possession limits 
and territorial limitations as set by statute s hall prevail and be 
in full force and effect for each and every species of wildlife to 
which they pertain so long as the population or numbers of such 
wildlife species remain normal or are not damaging or endangering 
crops or proper agricultural use of the lands of the state. 
I.  The Commission in session, and after having given ten (10) 
days’ public notice of such meeting being called and the purp ose of 
such meeting, the species of wildlife to be considered and the 
reasons therefor, shall have the right to determine if there does or 
does not exist a normal population of the wildlife species under 
consideration, which does or does not endanger the crops of the 
state or of any certain areas, or the agricultural use of the lands 
therein.  In the event the cons ideration is other than statewide, 
the Commission shall meet at the most conven ient place to the people 
of the area in the area being considered.  All meetings shall be 
open to the public and proper records of those appearing and 
testifying shall be made. If the Commission, after hearing and 
after investigation, finds that the populations of the wildlife 
species under hearing are not normal or that they are not compatible 
to the agricultural use of the lands or are damaging or endangering   
 
 
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the farm crops of the area, they shall, by administrative order, 
make the necessary changes by e ither extending, shortening, opening 
or closing such seasons, and change such bag limits, catch limits 
and possession limits, and regulate methods or devices for taking, 
killing or capturing of the wildlife species affected in any area or 
areas covered by the notice of meeting and hearing, except as 
otherwise set by the Legislature. 
J.  Such administrative order shall take effect after 
publication in at least one newspaper of gen eral state circulation, 
or in a newspaper having circulation in the territory a ffected.  A 
copy of all such orders shall, before publication, be filed with the 
Secretary of State, and such order shall not be construed as 
authorizing the Commission to chang e any penalty for violating any 
game law or regulation or change the amount of any license 
established by the Legislature. 
SECTION 3.  This act shall become effective November 1, 2024. 
 
59-2-3077 MR 1/17/2024 5:55:10 PM