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ENGROSSED SENATE
BILL NO. 196 By: Bergstrom of the Senate
and
Steagall of the House
An Act relating to the Oklahoma Wildlife Conservation
Code; amending 29 O.S. 2021, Section 3 -103, which
relates to function, powers, and duties of the
Oklahoma Wildlife Conservation Commission; removing
affirmative action plan requirement; amending 29 O.S.
2021, Section 3-105, which relates to powers and
duties of the Director of Wildlife Conservation ;
removing power of Director to make a complaint and
cause proceedings against a person; updating
statutory language; making language gender neutral;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 20 21, Section 3-103, is
amended to read as follows:
Section 3-103. A. The Oklahoma Wildlife Conservation
Commission shall constitute an advisory, administrative and
policymaking board for the protection , restoration, perpetuation,
conservation, supervision, m aintenance, enhancement, and management
of wildlife in this state as prov ided in the Oklahoma Wildlife
Conservation Code.
B. The Director of Wildlife Conservation shall consult with the
Commission regarding the administrati on of the affairs of the
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Department of Wildlife Conservation. The Commission is authori zed
and empowered to require from the Dire ctor complete reports and
information relative to the affairs of the Department at the time
and in the manner the Commission m ay 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 o r a majority of the
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 po sted at Commission 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, an d address of location 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
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chair, vice-chair vice chair, and secretary shall receive no extra
compensation;
3. 2. Appoint a Director, and determine the qualifications of
the Director and all assistants and employees. A Commissioner shall
not be eligible for employment in any 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 levels within a
pay grade are eliminated;
6. 5. Acquire by purchase, lease, gift, or devise, waters, real
property, and personal property incident 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 means 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 of cooperation with the Oklahoma
Tourism and Recreation Department, colleges and universities within
the state, other state agencies, any agency of the federal
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government, and any city , town, school district, or any ot her agency
or organization in study of conservation and propagation of wildlife
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 expenditures prior to incurring
payment except as otherwise 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 perform their dut ies;
13. 12. Prescribe rules for the sale 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 hunting 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 future activities as the
Commission may deem to be in the best interest of the state; and
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18. 17. Provide the Governor and the Legislature with an a nnual
inventory of all property and equipment.
SECTION 2. 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 of Wildlife Conservation, he or she shall become vested
with the duties and powers of the management and control of the
Department of Wildlife Conservation under such provisions, orders,
rules and regulations as may be prescribed by the Commission, and in
addition thereto shall have the following speci fic powers and
duties:
1. To manage and control, under the supervision of the Oklahoma
Wildlife Conservation Commission, all wildlife refuges and real or
personal properties which are held, operat ed 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 determ ine 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 and may
suspend, discharge, station or transfer them at any time that, in
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his or her 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
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 animals and protected birds
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 wild life 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 p rosecution for a violation of any of th e laws
for the protection of wildlife, and may pros ecute the same in the
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same manner and with the same authority as the district attorney of
the county where such proceedings are pending in cases where such
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 .
B. All duties and authority imposed or conferred upon the
former Wildlife Conservation Director of Wildlife Conservation by
any statute, rule or regulation of the Commission are hereby imposed
and conferred upon the Director un til such time as the Commission or
the Legislature shall, by appropriate measure, change s uch duties or
authority imposed by said the Commission.
SECTION 3. This act shall become effective November 1, 202 3.
Passed the Senate the 20th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives