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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 196 By: Bergstrom
AS INTRODUCED
An Act relating to the Oklahoma Wildlife Conservation
Code; amending 29 O.S. 20 21, Sections 2-108.1, 2-109,
2-110, 2-116.1, and 2-135, which relate to words and
phrases; modifying definitions; amending 29 O.S.
2021, Sections 3-103, 3-105, and 3-201, which relate
to members, function, powers , and duties of the
Oklahoma Wildlife Conservation Commission, powers and
duties of Director and ga me wardens; removing
affirmative action plan requirement; modifying
certain powers; removing power of Director to make a
complaint and cause proceedings against a person;
updating statutory language; amending 29 O.S. 2021,
Section 7-204, which relates to w ildlife; making
wildlife property of the people of Oklahoma; updating
statutory language; repealing 29 O.S. 2021, Section
3-313, which relates to an account within the
Wildlife Conservation Fund; and provi ding an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 20 21, Section 2-108.1, is
amended to read as follows:
Section 2-108.1. “Domesticated animal” means an animal kept for
pleasure or for utility, that has adapte d to life in association
with and to the use of human beings, and shall not include animals
which normally can be found in the wild state, unless specifically
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so designated by the Oklahoma Wildlife Conservation Commission or as
designated by the Oklahoma Statutes.
SECTION 2. AMENDATORY 29 O.S. 2021, Section 2-109, is
amended to read as follows:
Section 2-109. “Endangered” refers to any wildlife specie s or
subspecies in the wild or in captivity whose prospects of survival
and reproduction are in immediate jeopar dy and includes those
species listed as endangered by the federal gover nment, as well as
any species or subspecies identified as threatened by O klahoma
statute Statutes or Commission resolution.
SECTION 3. AMENDATORY 29 O.S. 2021, Section 2-110, is
amended to read as follows:
Section 2-110. “Fishing” is defined as the taking or attempting
to take fish or other aquatic dw elling organisms by hook and line,
seine, trap or such other means as may be design ated as legal by the
provisions of this Code or by the Oklahoma Wildlife Conservation
Commission or as designated by the Oklahoma Statutes.
SECTION 4. AMENDATORY 29 O.S. 2021, Section 2-116.1, is
amended to read as follows:
Section 2-116.1. “Game warden” is a duly CLEET-certified
authorized employee of the Department whose primary duties are the
enforcement of duty is to enforce the wildlife conserv ation laws of
Oklahoma this state. Whenever the word “ranger” appears in this
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title the Oklahoma Wildlife Conve rsation Code it shall have the same
meaning as “game warden”.
SECTION 5. AMENDATORY 29 O.S. 2021, Section 2-135, is
amended to read as follows:
Section 2-135. “Threatened” refers to any wildlife speci es or
subspecies in the wild or in captivity that, although not presently
threatened with extinction , are in such small numbers throu ghout
their range that they may become a n endangered species within the
foreseeable future or that they may be endangered i f their
environment deteriora tes. Threatened species and subspecies include
those species and subsp ecies listed as “threatened” by the federal
government as well as any species or subspecies identified as
threatened by Oklahoma statutes Statutes or Commission resolution.
SECTION 6. AMENDATORY 29 O.S. 20 21, Section 3-103, is
amended to read as follows:
Section 3-103. A. The Wildlife Conservation Commission shall
constitute an advisory, administrative and policymaking board for
the protection, restoration, pe rpetuation, conservation,
supervision, maintenance, enhancement, and ma nagement of wildlife in
this state as provided in the Oklahoma Wildlife Conservation Code.
B. The Director shall consult with the Commission regarding the
administration of the affairs of the Department of Wildlife
Conservation. The Commission is authori zed and empowered to require
from the Director complete reports and information relative to the
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affairs of the Department at the time and in the manner the
Commission may deem advisable .
C. The Commission shall meet in regular session at least nine
times per year not to exceed one meeting per mon th with not more
than two consecutive calendar months between meetings and in special
sessions as may be called by the Chair or a majority of t he
Commission. The Commission may hold any regular or special session
at any location within this state. Should a location be chosen
other than Commission headquarters in Oklahoma City for a regular or
special meeting, notice shall be posted at Commissio n headquarters
in Oklahoma City and advertised in the local newspaper o f the city
in which the meeting is to be h eld, at least one time during each of
the two (2) weeks prior to the meeting. The advertisements shall
include time, date, and address of loca tion of the meeting.
D. In addition to the other powers and duties pre scribed by
law, the Commission shall:
1. Institute an affirmative action plan for hiring women and
minorities throughout the agency;
2. Elect a chair, vice-chair vice chair, and secretary, who
shall perform the duties required of them by statutes, rules of the
Commission, and the Constitution of the State of Oklahoma. The
chair, vice-chair vice chair, and secretary shall receive no extra
compensation;
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3. 2. Appoint a Director, and determine the qualificat ions of
the Director and all assistants and employees. A Commissioner shall
not be eligible for employment in an y position within the
Department;
4. 3. Prescribe rules and policies for the transaction of its
business and the control of the Department;
5. 4. Develop and implement a plan to provide step raises for
Commission employees so that discrepancies of pay le vels within a
pay grade are eliminated;
6. 5. Acquire by purchase, lease, gift, or devise, waters, real
property, and personal property incide nt to the exercise of its
functions and to maintain , operate, and dispose of the same;
7. 6. Acquire real property by condemnation only when th e
Attorney General or other counsel dee ms it an appropriate m eans of
clearing title from willing or unavailable sellers;
8. 7. Supervise the establishment, extens ion, improvement, and
operation of the wil dlife refuges, propagation areas or stations,
public hunting areas, public fishing areas, game management areas,
and fish hatcheries;
9. 8. Prescribe the manner o f cooperation with the Oklahoma
Tourism and Recreation Department, colleges and universities within
the state, other state agencies, any agency of the federal
government, and any city , town, school distric t, or any other agency
or organization in study of conservation and propagation of wildlife
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and in the establishment, maintenance, and operation of visual
educational facilities, recreational fac ilities, and hunting and
fishing facilities, in the study and propagation of wildlife;
10. 9. Supervise the letting of all contracts and purchases for
the Department, with all purchases of personal proper ty to be made
through the Office of Management and Enterprise Services;
11. 10. Authorize all claims or expendi tures prior to incurring
payment except as otherwis e provided in this Code;
12. 11. Prescribe rules on the use of Department -owned vehicles
by the Director, department heads and other essential employees as
the Commission deems neces sary in order to perfo rm their duties;
13. 12. Prescribe rules for the s ale of all regular or special
licenses;
14. 13. Publicize and encourage the conservation and
appreciation of wildlife and all other natural res ources;
15. 14. Regulate the seasons a nd harvest of wildlife ;
16. 15. Promulgate rules to sell fishing and hun ting licenses
via the Internet;
17. 16. Annually report to the Governor and the Legislature on
the complete operation, activities, and plans of the Department,
together with such rec ommendations for futur e activities as the
Commission may deem to be in th e best interest of the state; and
18. 17. Provide the Governor and the Legislature with an a nnual
inventory of all property and equipment.
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SECTION 7. AMENDATORY 29 O.S. 2021, Section 3-105, is
amended to read as follows:
Section 3-105. A. Immediately upon the appointment of the
Director, he shall become vested with the duties and powers of the
management and control of the Department under such provisions,
orders, rules and regu lations as may be prescribed by the
Commission, and in addition thereto shall have the following
specific powers and duties:
1. To manage and control, under the supervision of the
Commission, all wildlife refuges and real or personal properties
which are held, operated or maintained by the Department .;
2. To appoint and employ such assistants, department heads,
rangers, clerical help and other e mployees as the Commission may
deem necessary, subj ect to the approval of the Commission. The
Director shall fix and determine the salaries and wages to be paid
under and subject to the rules and regulations as pr omulgated by the
Commission; and the Direc tor shall supervise and direct all
employees of either the Commission or the Department an d may
suspend, discharge, station or transfer them at any time that, in
his judgment, the Commission or the state will be be st served
thereby.;
3. To approve or disa pprove and pay all legal claims for
services rendered or expenses incurred by rangers and other
employees of the Department in accordance with the schedules
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therefor and the rules and regulations previously adopted by the
Commission.;
4. To establish and maintain a proper system of bookkeeping and
accounting under the supervision of the State Auditor and
Inspector.;
5. To promote and manage wildlife propagation by raising and
distributing the same over the state a t the direction of the
Commission; to capture, propagate, transport, buy, sell or exchange
any species of fish, game, furbearing ani mals and protected bir ds
needed for stocking the lands or waters of the s tate; and to feed,
provide and care for such fish, animals and birds.; and
6. To make a complaint and cause proceedings to be commenced
against any person for violation of any of the laws for the
conservation of wildlife with the sanction of the district attorney
of the county in which such proceedings ar e brought, and shall not
be required to give security for costs. The Director may also
appear in behalf of the people in any court of competent
jurisdiction in any prosecution for a violation of any of th e laws
for the protection of wildlife, and may pros ecute the same in the
same manner and with the same authority as the district attorney of
the county where such proceedings are pend ing in cases where suc h
attorney is unable to be present or refuses to pr osecute such case.
7. To make emergency purchases of equipment, materials and
supplies under rules and regulations prescribed by the Commission .
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B. All duties and authority imposed or conferred upon the
former Wildlife Conservation Director by any statut e, rule or
regulation of the Commission are hereby imposed and conferred upon
the Director until such time as the Commission or the Legislature
shall, by appropriate measure, change s uch duties or authorit y
imposed by said the Commission.
SECTION 8. AMENDATORY 29 O.S. 2021, Sectio n 3-201, is
amended to read as follows:
Section 3-201. A. All things being equal, veterans of World
War II, the Korean, the Vietna m and Persian Gulf War s shall be
appointed as game wardens when vacancies occur.
B. All persons appointed game wardens shal l be peace officers
and have the full powers of peace off icers of the State of Oklahoma
this state in the enforcement of the provisi ons of this Code and a re
authorized to:
1. Enforce all state laws on Department-owned or Department-
managed lands;
2. Enforce all other laws of this state ;
3. Make arrests for wildlife conservation violations and
nonconservation-related crimes with the same power and authori ty as
sheriffs are vested with and in cooperation with other law
enforcement officers and agencies;
4. Take into possession any and all protected wildlife, or any
part thereof, killed, take n, shipped or in any possession contrary
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to the law, and the wildl ife or parts thereof may be disposed of as
determined by the Director or any court of competent jurisdiction;
5. Make a complaint and cause proceedings to be commenced
against any person fo r violation of any of the laws for the
protection and propagation of wildlife, with the sanction of the
prosecuting or district attorney of the county in which the
proceedings are brought, and shall not be required to give security
for costs;
6. Be an authorized agent of the Commission or Departmen t under
Section 3-202 of this title in addition to duties as a game war den;
and
7. Assist in enforcement of the state fire laws, upon request
of the Oklahoma Department of Agriculture, Food, and Forestry.
C. 1. Pursuant to the provisions of this subsect ion, a game
warden may operate a vehicle owned or leased by the Departm ent upon
a roadway during the hours of darkness without lighted headlamps,
clearance lamps, or other illuminating devices. As used in this
paragraph, “roadway” shall include any street or highway in this
state except an interstate highway, a limited acces s highway, a
state trunk highway, or any street or highway within the limits of
an incorporated area.
2. Pursuant to the provisions of this subsection, a game warden
may operate a vessel upon any waters of this state during the hours
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of darkness without t he illuminating devices required by Section
4207 of Title 63 of the Oklahoma Statutes.
3. A game warden may operate a vehicle or vessel with out the
illuminating devices specified in th is subsection only if the
operation:
a. is made in the performance of t he duties of the game
warden pursuant to the provisions of the Code, and
b. (1) will aid in the accomplishment of a lawful arrest
for any violation of the Code or any rule or
regulation promulgated thereto, or
(2) will aid in ascertaining whether a violati on of
the Code or any rule or regulation promulgated
thereto has been or is about to be committed.
D. Any person who refuses to stop a vehic le or boat when
requested to do so by a game warden in the perform ance of the duties
of the game warden is guilty o f a misdemeanor and upon conviction is
punishable by a fine of not less than One Hundred Dollars ($100.00)
nor more than Five Hundred Dollars ($500.00).
E. Any game warden who solicits or accepts any bribe or money
or other thing of value in connection wi th the performance of duty
as a game warden shall be guilty of a felony and, upon conviction,
shall be sentenced to a term not less than two (2) years nor more
than seven (7) years in t he custody of the Depa rtment of Corrections
and shall be summarily remo ved from office.
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F. Pursuant to the provisions of subsection B of this section
and the Oklahoma Wildlife Conservation Code, a game warden sh all not
have authority to use or place a gam e or wildlife camera o n private
property without the permission of the owner or controller of the
property or pursuant to a warrant issued by a court of competent
jurisdiction.
SECTION 9. AMENDATORY 29 O.S. 2021, Section 7-204, is
amended to read as fo llows:
Section 7-204. All wildlife found in this s tate is the property
of the state people of this state, and the authority to oversee all
wildlife is pursuant to the Legislature.
SECTION 10. REPEALER 29 O.S. 2 021, Section 3-313, is
hereby repealed.
SECTION 11. This act shall become effective November 1, 202 3.
59-1-850 MR 1/9/2023 11:28:25 AM