Req. No. 2196 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL 492 By: Woods, Stephens, and Paxton
of the Senate
and
Hardin of the House
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to the Oklahoma Department of
Agriculture, Food, and Forestry; defining certain
term; prohibiting certain wildlife propagation and
holding; requiring the Oklahoma Department of
Agriculture, Food, and Forestry to provide certain
license; requiring certain proof submission; allowing
certain inspections; requiring certain notice for
specific inspections ; requiring certain fee;
requiring certain license expiration and replacement;
requiring certain rule pr omulgation; amending 29 O.S.
2021, Section 4-106, which relates to the license for
holding in captivity wildlife or domesticated animals
hunted for sport; requiring certain license ; removing
certain inclusion; removing certain in spection
authority; removing outdated fee amounts; modifying
certain rule promulgation authority ; creating certain
revolving fund; requiring certain fund continuation;
requiring certain fund consist of specific designated
monies; allowing the Oklahoma Departmen t of
Agriculture, Food, and Forestry to appropriate and
budget certain fund monies under specific conditions
to particular entities; requiring certain
expenditures be made under specific circumstances ;
authorizing certain rule promulgation authority ;
appropriating certain monies to specific fund;
updating statutory language; providing for
codification; providing for noncodification; and
declaring an emergency .
Req. No. 2196 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-517 of Title 2, unless there
is created a duplication in numbering, reads a s follows:
A. For purposes of this section, “commercial harvesting
facility” means a privately or publicly owned premis es managed or
engaged on a business basis for the harvesting or hunting of legally
acquired and privately owned cervidae, to include whi tetail deer,
mule deer and elk, cervidae hybrids, turkey, exotic species, an d
exotic hybrid species for barter, the offe r to sell, or for the
possession with intent to sell for profit or monetary gain.
B. No person may propagate or hold in captivity any wi ldlife
belonging to the state. A commercial harvesting license shall be
issued by the Oklahoma Department of Agricultu re, Food, and Forestry
to a commercial harvesting facility that applies for the commercial
harvesting license if that commercial harvesti ng facility complies
with all applicable laws and rules governing the harvest ing of
legally acquired cervidae, to inclu de whitetail deer, mule deer and
elk, cervidae hybrids, turkey, exotic species, and exotic hybrid
species harvested in a commercial harve sting facility.
C. Before obtaining a commercial harvesting license or renewal,
the applicant shall submit proof that any additional animals hav e
been secured from a source other than wild stock of this state.
Req. No. 2196 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. The Secretary of Agriculture, Sta te Veterinarian, or their
designees shall have the authority to inspect a com mercial
harvesting facility and its operations at any time if there is
probable cause that a violation has occurred. All other inspections
shall require prior notice as determine d in the rule promulgation by
the Oklahoma Department of Agriculture, Food, an d Forestry.
E. The annual fee for a commercial h arvesting license shall be
Three Hundred Dollars ($300.00).
F. All licenses issued pursuant to this section shall expir e
August 31 of each year and shall rep lace the big game licenses
issued previously pursuant to Section 4-106 of Title 29 of the
Oklahoma Statutes.
G. The Oklahoma Department of Agriculture, Food, and Forestry
shall promulgate rules as necessary pursuant to the commercial
harvesting license outlined in this s ection.
SECTION 2. AMENDATORY 29 O.S. 2021, Section 4 -106, is
amended to read as follows:
Section 4-106. A. No person may propagate or hold in captivity
any wildlife or domesticated animals hunted for sport for commercial
hunting area purposes without having procured a license from the
Director of the Departm ent of Wildlife Conservation. Licenses
Commercial hunting licenses shall be classified as big game, upland
game, or a combination of big game and upland game , or a commercial
harvesting license.
Req. No. 2196 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. A big game license commercial harvesting lice nse, as created
in Section 1 of this act, shall be required for legally acquired
exotic ungulates, domesticat ed animals so designated by the Oklahoma
Wildlife Conservation Commission, exotic swine, and legally a cquired
whitetail and mule deer, turkey and other specie s of big game
lawfully taken under the provisio ns of subsection A of Section 5 -411
and Section 5-401 of this title. Wildlife that has been crossbred
with exotic wildlife shall be considered native an d not exotic
unless documentation shows otherwise.
2. An upland game license shall be required for leg ally
acquired captive-raised pheasants, all species of quail, Indian
chukars, water fowl, and other similar or suitable gallinaceous
birds; and shall include turkey if no other big game species are
listed on the license/application.
B. Before obtaining a license or a renewal of a license the
applicant shall submit proof that such wildlife or domesticated
animals hunted for sport will be or have been secur ed from a source
other than the wild stock in this state . Any person obtaining or
renewing a license s hall submit a true and complete inventory of
said the animals before a license shall be approved. Each license
shall specifically list the different species and/or subspecies to
be hunted on the listed huntin g area or premises.
C. Any game warden of the Oklahoma Department of Wildlife
Conservation shall have authority to inspect any and all records and
Req. No. 2196 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
invoices pertaining to the commercial hunting operations of any
person licensed or requesting licensure purs uant to this section and
additionally shall hav e the authority to inspect any and all
facilities, equipment and property connected to the hunting
operation of any person licensed or requesting licensure p ursuant to
this section.
D. 1. The annual fee for a commercial hunting area license for
upland game under this section shall be One Hundred Dollars
($100.00).
2. The annual fee for a commercial hunting area license for:
a. big game pursuant to this sect ion shall be Two Hundred
Fifty Dollars ($250.00), or
b. a combination of big game and upland game p ursuant to
this section shall be Three Hundred Fifty Do llars
($350.00).
E. D. All licenses issued pursuant to this section shall expire
on June 30 of each y ear.
F. E. Exemptions from this license requirement shall be
operators of running pens used for th e performance test or training
of dogs. Operators of s uch running pens may acquire coyotes from
wild stock without having to possess a fur dealer ’s license for such
purpose and no license shall be required of those involved in
performance testing or train ing dogs in such running pens so long as
no other wildlife are taken or hunted in any manner.
Req. No. 2196 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
G. F. Any person convicted of violating the provisions of this
section shall be punished by a fine of not less than Five Hundred
Dollars ($500.00) nor more than One Thousand Five Hundred Dollars
($1,500.00), or by im prisonment in the county jail not to exceed
sixty (60) days, or by both such fine and imprisonment.
H. G. Any person convicted of violating the provision s of this
section shall have the commercial hun ting area license revoked. No
new license shall be iss ued for a period of six (6) months from and
after the date on which the revocation order becomes effec tive.
I. H. The Department is authorized to promulg ate rules
pertaining to commercial hunting areas this section.
SECTION 3. NEW LAW A new section of law to b e codified
in the Oklahoma Stat utes as Section 16-14 of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Department of Agriculture, Food, and Fore stry
to be designated the “Wildfire Reimbursement Revolving Fund”. The
fund shall be a continuing fund, not subject to f iscal year
limitations, and shall consist of all monies designated to the fund
by law. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Oklahoma
Department of Agriculture, Food, and Forestry for the purpose of
reimbursement of expenditures of Oklahoma rural fire departments and
Req. No. 2196 Page 7 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 Oklahoma Forestry Services who participated in exti nguishment
efforts of fires that:
1. Were not fully extinguished in the twenty-four (24) hours
after their reporting; and
2. Involved more than one rural fire department jurisdiction.
B. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer agai nst claims filed as prescribed by
law with the Directo r of the Office of Management and Enter prise
Services for approval and payment.
C. The Oklahoma Department of Agriculture, Foo d, and Forestry
is authorized to promulgate rules fo r the administration of the
Wildfire Reimbursement Revolving Fund.
SECTION 4. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follo ws:
There is hereby appropriated to the Wildfire Reimbursement
Revolving Fund created in Section 3 of this act from any monies not
otherwise appropriated from the General Revenue Fund of the State
Treasury for the fiscal year ending June 30, 2024, the sum of Five
Million Dollars ($5,000,000.00) or so much thereof as may be
necessary to perform the duties imposed upon the Oklahoma Department
of Agriculture, Food, and Forestry by law.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
Req. No. 2196 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-1-2196 JES 5/17/2023 12:20:26 PM