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Oklahoma Senate Bill SB196

Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB196 Compare Versions

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28-ENGROSSED SENATE
29-BILL NO. 196 By: Bergstrom of the Senate
29+SENATE FLOOR VERSION
30+February 20, 2023
31+AS AMENDED
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31- and
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33- Steagall of the House
33+SENATE BILL NO. 196 By: Bergstrom
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38-An Act relating to the Oklahoma Wildlife Conservation
39-Code; amending 29 O.S. 2021, Section 3 -103, which
40-relates to function, powers, and duties of the
41-Oklahoma Wildlife Conservation Commission; removing
42-affirmative action plan requirement; amending 29 O.S.
43-2021, Section 3-105, which relates to powers and
44-duties of the Director of Wildlife Conservation ;
45-removing power of Director to make a complaint and
46-cause proceedings against a person; updating
47-statutory language; making language gender neutral;
48-and providing an effective date.
38+
39+[ Oklahoma Wildlife Conservation Co de - powers and
40+duties - plan requirement - property - account -
41+effective date ]
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5447 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55-SECTION 1. AMENDATORY 29 O.S. 20 21, Section 3-103, is
48+SECTION 1. AMENDATORY 29 O.S. 20 21, Section 2-108.1, is
5649 amended to read as follows:
57-Section 3-103. A. The Oklahoma Wildlife Conservation
58-Commission shall constitute an advisory, administrative and
59-policymaking board for the protection , restoration, perpetuation,
60-conservation, supervision, m aintenance, enhancement, and management
61-of wildlife in this state as prov ided in the Oklahoma Wildlife
62-Conservation Code.
63-B. The Director of Wildlife Conservation shall consult with the
64-Commission regarding the administrati on of the affairs of the
50+Section 2-108.1. “Domesticated animal” means an animal kept for
51+pleasure or for utility, that has adapte d to life in association
52+with and to the use of human beings, and shall not include animals
53+which normally can be found in the wild state, unless specifically
54+so designated by the Oklahoma Wildlife Conservation Commission or as
55+designated by the Oklahoma Statutes.
56+SECTION 2. AMENDATORY 29 O.S. 2021, Section 2-109, is
57+amended to read as follows:
58+Section 2-109. “Endangered” refers to any wildlife specie s or
59+subspecies in the wild or in captivity whose prospects of survival
60+and reproduction are in immediate jeopardy and includes those
61+species listed as endangered by the federal gover nment, as well as
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91-Department of Wildlife Conservation. The Commission is authori zed
92-and empowered to require from the Dire ctor complete reports and
93-information relative to the affairs of the Department at the time
94-and in the manner the Commission m ay deem advisable.
95-C. The Commission shall meet in regular session at least nine
96-times per year not to exceed one meeting per mon th with not more
97-than two consecutive calendar months between meetings and in special
98-sessions as may be called by the Chair o r a majority of the
99-Commission. The Commission may hold any regular or special session
100-at any location within this state. Should a location be chosen
101-other than Commission headquarters in Oklahoma City for a regular or
102-special meeting, notice shall be po sted at Commission headquarters
103-in Oklahoma City and advertised in the local newspaper o f the city
104-in which the meeting is to be h eld, at least one time during each of
105-the two (2) weeks prior to the meeting. The advertisements shall
106-include time, date, an d address of location of the meeting.
107-D. In addition to the other powers and duties pre scribed by
108-law, the Commission shall:
109-1. Institute an affirmative action plan for hiring women and
110-minorities throughout the agency;
111-2. Elect a chair, vice-chair vice chair, and secretary, who
112-shall perform the duties required of them by statutes, rules of the
113-Commission, and the Constitution of the State of Oklahoma. The
89+any species or subspecies identified as threatened by O klahoma
90+statute Statutes or Commission resolution.
91+SECTION 3. AMENDATORY 29 O.S. 2021, Section 2-110, is
92+amended to read as follows:
93+Section 2-110. “Fishing” is defined as the taking or attempting
94+to take fish or other aquatic dw elling organisms by hook and line,
95+seine, trap or such other means as may be designated as lega l by the
96+provisions of this Code or by the Oklahoma Wildlife Conservation
97+Commission or as designated by the Oklahoma Statutes.
98+SECTION 4. AMENDATORY 29 O.S. 2021, Section 2-116.1, is
99+amended to read as follows:
100+Section 2-116.1. “Game warden” is a duly CLEET-certified
101+authorized employee of the Department whose primary duties are the
102+enforcement of duty is to enforce the wildlife conserv ation laws of
103+Oklahoma this state. Whenever the word “ranger” appears in this
104+title the Oklahoma Wildlife Conversation Code it shall have the same
105+meaning as “game warden”.
106+SECTION 5. AMENDATORY 29 O.S. 2021, Section 2-135, is
107+amended to read as follows:
108+Section 2-135. “Threatened” refers to any wildlife species or
109+subspecies in the wild or in captivity that, although not presently
110+threatened with extinction , are in such small numbers throu ghout
111+their range that they may become a n endangered species within the
112+foreseeable future or that they may be endangered if their
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140-chair, vice-chair vice chair, and secretary shall receive no extra
141-compensation;
142-3. 2. Appoint a Director, and determine the qualifications of
143-the Director and all assistants and employees. A Commissioner shall
144-not be eligible for employment in any position within the
145-Department;
146-4. 3. Prescribe rules and policies for the transaction of its
147-business and the control of the Department;
148-5. 4. Develop and implement a plan to provide step raises for
149-Commission employees so that discrepancies of pay levels within a
150-pay grade are eliminated;
151-6. 5. Acquire by purchase, lease, gift, or devise, waters, real
152-property, and personal property incident to the exercise of its
153-functions and to maintain , operate, and dispose of the same;
154-7. 6. Acquire real property by condemnation only when th e
155-Attorney General or other counsel dee ms it an appropriate means of
156-clearing title from willing or unavailable sellers;
157-8. 7. Supervise the establishment, extens ion, improvement, and
158-operation of the wil dlife refuges, propagation areas or stations,
159-public hunting areas, public fishing areas, game management areas,
160-and fish hatcheries;
161-9. 8. Prescribe the manner of cooperation with the Oklahoma
162-Tourism and Recreation Department, colleges and universities within
163-the state, other state agencies, any agency of the federal
140+environment deteriorates. Threatened species and subspecies include
141+those species and subsp ecies listed as “threatened” by the federal
142+government as well as any species or subspecies identified as
143+threatened by Oklahoma statutes Statutes or Commission resolut ion.
144+SECTION 6. AMENDATORY 29 O.S. 20 21, Section 3-103, is
145+amended to read as follows:
146+Section 3-103. A. The Wildlife Conservation Commission shall
147+constitute an advisory, administrative and policymaking board for
148+the protection, restoration, perpetuation, conservation,
149+supervision, maintenance, enhancement, and ma nagement of wildlife in
150+this state as provided in the Oklahoma Wildlife Conservation Code.
151+B. The Director shall consult with the Commission regarding the
152+administration of the affairs of the Department of Wildlife
153+Conservation. The Commission is authori zed and empowered to require
154+from the Director complete reports and information relative to the
155+affairs of the Department at the time and in the manner the
156+Commission may deem advisable.
157+C. The Commission shall meet in regular session at least nine
158+times per year not to exceed one meeting per mon th with not more
159+than two consecutive calendar months between meetings and in special
160+sessions as may be called by the Chair o r a majority of the
161+Commission. The Commission may hold any regular or special session
162+at any location within this state. Should a location be chosen
163+other than Commission headquarters in Oklahoma City for a regular or
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190-government, and any city , town, school district, or any ot her agency
191-or organization in study of conservation and propagation of wildlife
192-and in the establishment, maintenance, and operation of visual
193-educational facilities, recreational fac ilities, and hunting and
194-fishing facilities, in the study and propagation of wildlife;
195-10. 9. Supervise the letting of all contracts and purchases for
196-the Department, with all purchases of personal proper ty to be made
197-through the Office of Management and Enterprise Services;
198-11. 10. Authorize all claims or expenditures prior to incurring
199-payment except as otherwise provided in this Code;
200-12. 11. Prescribe rules on the use of Department -owned vehicles
201-by the Director, department heads and other essential employees as
202-the Commission deems neces sary in order to perform their dut ies;
203-13. 12. Prescribe rules for the sale of all regular or special
204-licenses;
205-14. 13. Publicize and encourage the conservation and
206-appreciation of wildlife and all other natural res ources;
207-15. 14. Regulate the seasons a nd harvest of wildlife;
208-16. 15. Promulgate rules to sell fishing and hunting licenses
209-via the Internet;
210-17. 16. Annually report to the Governor and the Legislature on
211-the complete operation, activities, and plans of the Department,
212-together with such rec ommendations for future activities as the
213-Commission may deem to be in the best interest of the state; and
191+special meeting, notice shall be po sted at Commission headquarters
192+in Oklahoma City and advertised in the local newspaper o f the city
193+in which the meeting is to be h eld, at least one time during each of
194+the two (2) weeks prior to the meeting. The advertisements shall
195+include time, date, an d address of location of the meeting.
196+D. In addition to the other powers and duties pre scribed by
197+law, the Commission shall:
198+1. Institute an affirmative action plan for hiring women and
199+minorities throughout the agency;
200+2. Elect a chair, vice-chair vice chair, and secretary, who
201+shall perform the duties required of them by statutes, rules of the
202+Commission, and the Constitution of the State of Oklahoma. The
203+chair, vice-chair vice chair, and secretary shall receive no extra
204+compensation;
205+3. 2. Appoint a Director, and determine the qualificat ions of
206+the Director and all assistants and employees. A Commissioner shall
207+not be eligible for employment in an y position within the
208+Department;
209+4. 3. Prescribe rules and policies for the transaction of its
210+business and the control of the Department;
211+5. 4. Develop and implement a plan to provide step raises for
212+Commission employees so that discrepancies of pay le vels within a
213+pay grade are eliminated;
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240-18. 17. Provide the Governor and the Legislature with an a nnual
241-inventory of all property and equipment.
242-SECTION 2. AMENDATORY 29 O.S. 2021, Section 3-105, is
243-amended to read as follows:
244-Section 3-105. A. Immediately upon the appointment of the
245-Director of Wildlife Conservation, he or she shall become vested
246-with the duties and powers of the management and control of the
247-Department of Wildlife Conservation under such provisions, orders,
248-rules and regulations as may be prescribed by the Commission, and in
249-addition thereto shall have the following speci fic powers and
250-duties:
251-1. To manage and control, under the supervision of the Oklahoma
252-Wildlife Conservation Commission, all wildlife refuges and real or
253-personal properties which are held, operat ed or maintained by the
254-Department.;
255-2. To appoint and employ such assistants, department heads,
256-rangers, clerical help and other e mployees as the Commission may
257-deem necessary, subj ect to the approval of the Commission. The
258-Director shall fix and determ ine the salaries and wages to be paid
259-under and subject to the rules and regulations as pr omulgated by the
260-Commission; and the Direc tor shall supervise and direct all
261-employees of either the Commission or the Department and may
262-suspend, discharge, station or transfer them at any time that, in
241+6. 5. Acquire by purchase, lease, gift, or devise, waters, real
242+property, and personal property incide nt to the exercise of its
243+functions and to maintain , operate, and dispose of the same;
244+7. 6. Acquire real property by condemnation only when th e
245+Attorney General or other counsel dee ms it an appropriate means of
246+clearing title from willing or unavailable sellers;
247+8. 7. Supervise the establishment, extens ion, improvement, and
248+operation of the wil dlife refuges, propagation areas or stations,
249+public hunting areas, public fishing areas, game management areas,
250+and fish hatcheries;
251+9. 8. Prescribe the manner o f cooperation with the Oklahoma
252+Tourism and Recreation Department, colleges and universities within
253+the state, other state agencies, any agency of the federal
254+government, and any city , town, school district, or any ot her agency
255+or organization in study of conservation and propagation of wildlife
256+and in the establishment, maintenance, and operation of visual
257+educational facilities, recreational fac ilities, and hunting and
258+fishing facilities, in the study and propagation of wildlife;
259+10. 9. Supervise the letting of all contracts and purchases for
260+the Department, with all purchases of personal proper ty to be made
261+through the Office of Management and Enterprise Services;
262+11. 10. Authorize all claims or expenditures prior to incurring
263+payment except as otherwis e provided in this Code;
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289-his or her judgment, the Commission or the state will be be st served
290-thereby.;
291-3. To approve or disa pprove and pay all legal claims for
292-services rendered or expenses incurred by rangers and other
293-employees of the Department in accordance with the schedules
294-therefor and the rules and regulations previously adopted by the
295-Commission.;
296-4. To establish and maintain a proper system of bookkeeping and
297-accounting under the supervision of the State Auditor and
298-Inspector.;
299-5. To promote and manage wildlife propagation by raising and
300-distributing the same over the state a t the direction of the
301-Commission; to capture, propagate, transport, buy, sell or exchange
302-any species of fish, game, furbearing animals and protected birds
303-needed for stocking the lands or waters of the s tate; and to feed,
304-provide and care for such fish, animals and birds.; and
305-6. To make a complaint and cause proceedings to be commenced
306-against any person for violation of any of the laws for the
307-conservation of wild life with the sanction of the district attorney
308-of the county in which such proceedings ar e brought, and shall not
309-be required to give security for costs. The Director may also
310-appear in behalf of the people in any court of competent
311-jurisdiction in any p rosecution for a violation of any of th e laws
312-for the protection of wildlife, and may pros ecute the same in the
291+12. 11. Prescribe rules on the use of Department -owned vehicles
292+by the Director, department heads and other essential employees as
293+the Commission deems neces sary in order to perform their dut ies;
294+13. 12. Prescribe rules for the s ale of all regular or special
295+licenses;
296+14. 13. Publicize and encourage the conservation and
297+appreciation of wildlife and all other natural res ources;
298+15. 14. Regulate the seasons a nd harvest of wildlife;
299+16. 15. Promulgate rules to sell fishing and hun ting licenses
300+via the Internet;
301+17. 16. Annually report to the Governor and the Legislature on
302+the complete operation, activities, and plans of the Department,
303+together with such rec ommendations for future activities as the
304+Commission may deem to be in th e best interest of the state; and
305+18. 17. Provide the Governor and the Legislature with an a nnual
306+inventory of all property and equipment.
307+SECTION 7. AMENDATORY 29 O.S. 2021, Section 3-105, is
308+amended to read as follows:
309+Section 3-105. A. Immediately upon the appointment of the
310+Director, he shall become vested with the duties and powers of the
311+management and control of the Department under such provisions,
312+orders, rules and regulations as m ay be prescribed by the
313+Commission, and in addition thereto shall have the following
314+specific powers and duties:
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342+1. To manage and control, under the supervision of the
343+Commission, all wildlife refuges and real or personal properties
344+which are held, operat ed or maintained by the Department.;
345+2. To appoint and employ such assistants, department heads,
346+rangers, clerical help and other e mployees as the Commission may
347+deem necessary, subj ect to the approval of the Commission. The
348+Director shall fix and determ ine the salaries and wages to be paid
349+under and subject to the rules and regulations as pr omulgated by the
350+Commission; and the Direc tor shall supervise and direct all
351+employees of either the Commission or the Department an d may
352+suspend, discharge, station or transfer them at any time that, in
353+his judgment, the Commission or the state will be be st served
354+thereby.;
355+3. To approve or disa pprove and pay all legal claims for
356+services rendered or expenses incurred by rangers and other
357+employees of the Department in accordance with the schedules
358+therefor and the rules and regulations previously adopted by the
359+Commission.;
360+4. To establish and maintain a proper system of bookkeeping and
361+accounting under the supervision of the State Auditor and
362+Inspector.;
363+5. To promote and manage wildlife propagation by raising and
364+distributing the same over the state a t the direction of the
365+Commission; to capture, propagate, transport, buy, sell or exchange
366+
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393+any species of fish, game, furbearing ani mals and protected birds
394+needed for stocking the lands or waters of the s tate; and to feed,
395+provide and care for such fish, animals and birds.; and
396+6. To make a complaint and cause proceedings to be commenced
397+against any person for violation of any of the laws for the
398+conservation of wild life with the sanction of the district attorney
399+of the county in which such proceedings ar e brought, and shall not
400+be required to give security for costs. The Director may also
401+appear in behalf of the people in any court of competent
402+jurisdiction in any p rosecution for a violation of any of th e laws
403+for the protection of wildlife, and may pros ecute the same in the
339404 same manner and with the same authority as the district attorney of
340405 the county where such proceedings are pend ing in cases where such
341406 attorney is unable to be present or refuses to pr osecute such case.
342407 7. To make emergency purchases of equipment, materials and
343408 supplies under rules and regulations prescribed by the Commission .
344409 B. All duties and authority imposed or conferred upon the
345-former Wildlife Conservation Director of Wildlife Conservation by
346-any statute, rule or regulation of the Commission are hereby imposed
347-and conferred upon the Director un til such time as the Commission or
348-the Legislature shall, by appropriate measure, change s uch duties or
349-authority imposed by said the Commission.
350-SECTION 3. This act shall become effective November 1, 202 3.
351-Passed the Senate the 20th day of March, 2023.
410+former Wildlife Conservation Director by any statut e, rule or
411+regulation of the Commission are hereby imposed and conferred upon
412+the Director until such time as the Commission or the Legislature
413+shall, by appropriate measure, change s uch duties or authority
414+imposed by said the Commission.
415+SECTION 8. AMENDATORY 29 O.S. 2021, Sectio n 3-201, is
416+amended to read as follows:
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444+Section 3-201. A. All things being equal, veterans of World
445+War II, the Korean, the Vietna m and Persian Gulf Wars shall be
446+appointed as game wardens when vacancies occur.
447+B. All persons appointed game wardens shal l be peace officers
448+and have the full powers of peace off icers of the State of Oklahoma
449+this state in the enforcement of the provisi ons of this Code and are
450+authorized to:
451+1. Enforce all state laws on Department-owned or Department-
452+managed lands;
453+2. Enforce all other laws of this state ;
454+3. Make arrests for wildlife conservation violations and
455+nonconservation-related crimes with the same power and authori ty as
456+sheriffs are vested with and in cooperation with other law
457+enforcement officers and agencies;
458+4. Take into possession any and all protected wildlife, or any
459+part thereof, killed, take n, shipped or in any possession contrary
460+to the law, and the wildl ife or parts thereof may be disposed of as
461+determined by the Director or any court of competent jurisdiction;
462+5. Make a complaint and cause proceedings to be commenced
463+against any person fo r violation of any of the laws for the
464+protection and propagation of wildlife, with the sanction of the
465+prosecuting or district attorney of the county in which the
466+proceedings are brought, and shall not be required to give security
467+for costs;
354468
355- Presiding Officer of the Senate
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495+6. Be an authorized agent of the Commission or Departmen t under
496+Section 3-202 of this title in addition to duties as a game war den;
497+and
498+7. Assist in enforcement of the state fire laws, upon request
499+of the Oklahoma Department of Agriculture, Food, and Forestry.
500+C. 1. Pursuant to the provisions of this subsect ion, a game
501+warden may operate a vehicle owned or leased by the Departm ent upon
502+a roadway during the hours of darkness without lighted headlamps,
503+clearance lamps, or other illuminating devices. As used in this
504+paragraph, “roadway” shall include any street or highway in this
505+state except an interstate highway, a limited acces s highway, a
506+state trunk highway, or any street or highway within the limits of
507+an incorporated area.
508+2. Pursuant to the provisions of this subsection, a game warden
509+may operate a vessel upon any waters of this state during the hours
510+of darkness without t he illuminating devices required by Section
511+4207 of Title 63 of the Oklahoma Statutes.
512+3. A game warden may operate a vehicle or vessel with out the
513+illuminating devices specified in th is subsection only if the
514+operation:
515+a. is made in the performance of t he duties of the game
516+warden pursuant to the provisions of the Code, and
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358-Passed the House of Representatives the ____ day of __________,
359-2023.
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544+b. (1) will aid in the accomplishment of a lawful arrest
545+for any violation of the Code or any rule or
546+regulation promulgated thereto, or
547+(2) will aid in ascertaining whether a violati on of
548+the Code or any rule or regulation promulgated
549+thereto has been or is about to be committed.
550+D. Any person who refuses to stop a vehic le or boat when
551+requested to do so by a game warden in the perform ance of the duties
552+of the game warden is guilty o f a misdemeanor and upon conviction is
553+punishable by a fine of not less than One Hundred Dollars ($100.00)
554+nor more than Five Hundred Dollars ($500.00).
555+E. Any game warden who solicits or accepts any bribe or money
556+or other thing of value in connection wi th the performance of duty
557+as a game warden shall be guilty of a felony and, upon conviction,
558+shall be sentenced to a term not less than two (2) years nor more
559+than seven (7) years in t he custody of the Depa rtment of Corrections
560+and shall be summarily remo ved from office.
561+F. Pursuant to the provisions of subsection B of this section
562+and the Oklahoma Wildlife Conservation Code, a game warden sh all not
563+have authority to use or place a gam e or wildlife camera o n private
564+property without the permission of the owner or controller of the
565+property or pursuant to a warrant issued by a court of competent
566+jurisdiction.
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363- Presiding Officer of the House
364- of Representatives
365-
594+SECTION 9. AMENDATORY 29 O.S. 2021, Section 7-204, is
595+amended to read as fo llows:
596+Section 7-204. All wildlife found in this s tate is the property
597+of the state people of this state, and the authority to oversee all
598+wildlife is pursuant to the Legislature.
599+SECTION 10. REPEALER 29 O.S. 2 021, Section 3-313, is
600+hereby repealed.
601+SECTION 11. This act shall become effective November 1, 202 3.
602+COMMITTEE REPORT BY: COMMITTEE ON TOURISM AND WILDLIFE
603+February 20, 2023 - DO PASS AS AMENDED