OK
Oklahoma Senate Bill SB492

Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB492 Compare Versions

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28-STATE OF OKLAHOMA
29-
30-1st Session of the 59th Legislature (2023)
31-
32-CONFERENCE COMMITTEE SUBSTITUTE
33-FOR ENGROSSED
34-SENATE BILL 492 By: Woods, Stephens, and Paxton
28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 492 By: Woods, Stephens, and Paxton
3531 of the Senate
3632
3733 and
3834
3935 Hardin of the House
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44-CONFERENCE COMMITTEE SUBSTITUTE
45-
46-An Act relating to the Oklahoma Department of
47-Agriculture, Food, and Forestry; defining certain
48-term; prohibiting certain wildlife propagation and
49-holding; requiring the Oklahoma Department of
50-Agriculture, Food, and Forestry to provide certain
51-license; requiring certain proof submission; allowing
52-certain inspections; requiring certain notice for
53-specific inspections ; requiring certain fee;
54-requiring certain license expiration and replacement;
55-requiring certain rule pr omulgation; amending 29 O.S.
56-2021, Section 4-106, which relates to the license for
57-holding in captivity wildlife or domesticated animals
58-hunted for sport; requiring certain license ; removing
59-certain inclusion; removing certain in spection
60-authority; removing outdated fee amounts; modifying
61-certain rule promulgation authority ; creating certain
62-revolving fund; requiring certain fund continuation;
63-requiring certain fund consist of specific designated
64-monies; allowing the Oklahoma Departmen t of
65-Agriculture, Food, and Forestry to appropriate and
66-budget certain fund monies under specific conditions
67-to particular entities; requiring certain
68-expenditures be made under specific circumstances ;
69-authorizing certain rule promulgation authority ;
70-appropriating certain monies to specific fund;
71-updating statutory language; providing for
72-codification; providing for noncodification; and
73-declaring an emergency .
40+[ Oklahoma Department of Agriculture, Food, and
41+Forestry - Wildfire Reimbursement Revolving Fund -
42+appropriation - codification - noncodification -
43+effective date -
44+ emergency ]
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50+AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
51+and insert:
52+
53+
54+"An Act relating to the Oklahoma Department of
55+Agriculture, Food, and Forestry; creating the
56+Wildfire Reimbursement Revolving Fund; establishing
57+purpose; providing for promulgation of rules to
58+administer the fund; providing for codification;
59+providing an effective date; and declaring an
60+emergency.
61+
62+
63+
64+BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
65+SECTION 1. NEW LAW A new section of law to b e codified
66+in the Oklahoma Stat utes as Section 16-14 of Title 2, unless there
67+is created a duplication in numbering, reads as follows:
68+A. There is hereby created in the State T reasury a revolving
69+fund for the Oklahoma Department of Agr iculture, Food, and Fore stry
70+
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96+to be designated the “Wildfire Reimbursement Revolving Fund”. The
97+fund shall be a continuing fund, not subject to f iscal year
98+limitations, and shall consist of all mon ies designated to the fund
99+by law. All monies accruing to the credit of the fund are hereby
100+appropriated and may be budgeted and expended by the Oklahoma
101+Department of Agriculture, Food, and Forestry for the purpose of
102+reimbursement of expenditures of Okl ahoma rural fire departments and
103+the Oklahoma Forestry Service who participated in exti nguishment
104+efforts of fires that:
105+1. Were not fully extinguished in the twenty-four (24) hours
106+after their reporting; and
107+2. Involved more than one rural fire department jurisdiction.
108+B. Expenditures from the fund shall be made upon warrants
109+issued by the State Treasurer agai nst claims filed as prescribed by
110+law with the Directo r of the Office of Management and Enterp rise
111+Services for approval and payment.
112+C. The Oklahoma Depar tment of Agriculture, Foo d, and Forestry
113+is authorized to promulgate rules fo r the administration of the
114+Wildfire Reimbursement Revolving Fund.
115+SECTION 2. This act shall become effective July 1, 2023.
116+SECTION 3. It being immediately necessary for the preservatio n
117+of the public peace, health or safety, an emergency is hereby
118+declared to exist, by reason whereof thi s act shall take effect and
119+be in full force from and after its passage and approval."
101120
102-
103-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
104-SECTION 1. NEW LAW A new section of law to be codified
105-in the Oklahoma Statutes as Section 6-517 of Title 2, unless there
106-is created a duplication in numbering, reads a s follows:
107-A. For purposes of this section, “commercial harvesting
108-facility” means a privately or publicly owned premis es managed or
109-engaged on a business basis for the harvesting or hunting of legally
110-acquired and privately owned cervidae, to include whi tetail deer,
111-mule deer and elk, cervidae hybrids, turkey, exotic species, an d
112-exotic hybrid species for barter, the offe r to sell, or for the
113-possession with intent to sell for profit or monetary gain.
114-B. No person may propagate or hold in captivity any wi ldlife
115-belonging to the state. A commercial harvesting license shall be
116-issued by the Oklahoma Department of Agricultu re, Food, and Forestry
117-to a commercial harvesting facility that applies for the commercial
118-harvesting license if that commercial harvesti ng facility complies
119-with all applicable laws and rules governing the harvest ing of
120-legally acquired cervidae, to inclu de whitetail deer, mule deer and
121-elk, cervidae hybrids, turkey, exotic species, and exotic hybrid
122-species harvested in a commercial harve sting facility.
123-C. Before obtaining a commercial harvesting license or renewal,
124-the applicant shall submit proof that any additional animals hav e
125-been secured from a source other than wild stock of this state.
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152-D. The Secretary of Agriculture, Sta te Veterinarian, or their
153-designees shall have the authority to inspect a com mercial
154-harvesting facility and its operations at any time if there is
155-probable cause that a violation has occurred. All other inspections
156-shall require prior notice as determine d in the rule promulgation by
157-the Oklahoma Department of Agriculture, Food, an d Forestry.
158-E. The annual fee for a commercial h arvesting license shall be
159-Three Hundred Dollars ($300.00).
160-F. All licenses issued pursuant to this section shall expir e
161-August 31 of each year and shall rep lace the big game licenses
162-issued previously pursuant to Section 4-106 of Title 29 of the
163-Oklahoma Statutes.
164-G. The Oklahoma Department of Agriculture, Food, and Forestry
165-shall promulgate rules as necessary pursuant to the commercial
166-harvesting license outlined in this s ection.
167-SECTION 2. AMENDATORY 29 O.S. 2021, Section 4 -106, is
168-amended to read as follows:
169-Section 4-106. A. No person may propagate or hold in captivity
170-any wildlife or domesticated animals hunted for sport for commercial
171-hunting area purposes without having procured a license from the
172-Director of the Departm ent of Wildlife Conservation. Licenses
173-Commercial hunting licenses shall be classified as big game, upland
174-game, or a combination of big game and upland game , or a commercial
175-harvesting license.
146+Passed the House of Represent atives the 20th day of April, 2023.
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152+Presiding Officer of the House of
153+ Representatives
154+
155+
156+Passed the Senate the ____ day of _______ ___, 2023.
157+
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162+Presiding Officer of the Senate
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165+ENGR. S. B. NO. 492 Page 1 1
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202-1. A big game license commercial harvesting lice nse, as created
203-in Section 1 of this act, shall be required for legally acquired
204-exotic ungulates, domesticat ed animals so designated by the Oklahoma
205-Wildlife Conservation Commission, exotic swine, and legally a cquired
206-whitetail and mule deer, turkey and other specie s of big game
207-lawfully taken under the provisio ns of subsection A of Section 5 -411
208-and Section 5-401 of this title. Wildlife that has been crossbred
209-with exotic wildlife shall be considered native an d not exotic
210-unless documentation shows otherwise.
211-2. An upland game license shall be required for leg ally
212-acquired captive-raised pheasants, all species of quail, Indian
213-chukars, water fowl, and other similar or suitable gallinaceous
214-birds; and shall include turkey if no other big game species are
215-listed on the license/application.
216-B. Before obtaining a license or a renewal of a license the
217-applicant shall submit proof that such wildlife or domesticated
218-animals hunted for sport will be or have been secur ed from a source
219-other than the wild stock in this state . Any person obtaining or
220-renewing a license s hall submit a true and complete inventory of
221-said the animals before a license shall be approved. Each license
222-shall specifically list the different species and/or subspecies to
223-be hunted on the listed huntin g area or premises.
224-C. Any game warden of the Oklahoma Department of Wildlife
225-Conservation shall have authority to inspect any and all records and
190+ENGROSSED SENATE
191+BILL NO. 492 By: Woods, Stephens, and Paxton
192+of the Senate
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196+ Hardin of the House
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199+
200+
201+
202+[ Oklahoma Department of Agriculture, Food, and
203+Forestry - Wildfire Reimbursement Revolving Fund -
204+appropriation - codification - noncodification -
205+effective date -
206+ emergency ]
207+
208+
209+
210+
211+
212+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
213+SECTION 4. NEW LAW A new section of law to b e codified
214+in the Oklahoma Statutes as Section 16-14 of Title 2, unless there
215+is created a duplication in numbering, reads as foll ows:
216+There is hereby created in t he State Treasury a revolving fund
217+for the Oklahoma Department of Agr iculture, Food, and Fore stry to be
218+designated the “Wildfire Reimbursement Revolving Fund”. The fund
219+shall be a continuing fund, not subject to fiscal year limitations,
220+and shall consist of all monies designated to the fund by law. All
221+monies accruing to the credit of the fund are hereby appropriated
222+and may be budgeted and expended by the Oklahoma Department of
223+Agriculture, Food, and Forestry for the purpose of reimbursement of
224+
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252-invoices pertaining to the commercial hunting operations of any
253-person licensed or requesting licensure purs uant to this section and
254-additionally shall hav e the authority to inspect any and all
255-facilities, equipment and property connected to the hunting
256-operation of any person licensed or requesting licensure p ursuant to
257-this section.
258-D. 1. The annual fee for a commercial hunting area license for
259-upland game under this section shall be One Hundred Dollars
260-($100.00).
261-2. The annual fee for a commercial hunting area license for:
262-a. big game pursuant to this sect ion shall be Two Hundred
263-Fifty Dollars ($250.00), or
264-b. a combination of big game and upland game p ursuant to
265-this section shall be Three Hundred Fifty Do llars
266-($350.00).
267-E. D. All licenses issued pursuant to this section shall expire
268-on June 30 of each y ear.
269-F. E. Exemptions from this license requirement shall be
270-operators of running pens used for th e performance test or training
271-of dogs. Operators of s uch running pens may acquire coyotes from
272-wild stock without having to possess a fur dealer ’s license for such
273-purpose and no license shall be required of those involved in
274-performance testing or train ing dogs in such running pens so long as
275-no other wildlife are taken or hunted in any manner.
250+expenditures of Oklahoma fire departments who participated in
251+extinguishment efforts of fires that:
252+1. Were not fully extinguished in the twenty-four (24) hours
253+after their reporting; and
254+2. Involved more than one fire department jurisdiction.
255+Expenditures from the fund shall be made upon warrants issued by the
256+State Treasurer agai nst claims filed as prescribed by law with the
257+Director of the Office of Management and Enterprise S ervices for
258+approval and payment.
259+SECTION 5. NEW LAW A new sec tion of law not to be
260+codified in the Oklahoma Statutes reads as follo ws:
261+There is hereby appropriated to the Wildfire Reimbursement
262+Revolving Fund created in Section 1 of this act from any monies not
263+otherwise appropriated from the General Revenue Fund of the State
264+Treasury for the fiscal year ending June 30, 2024 , the sum of Five
265+Million Dollars ($5,000,000.00) or so much thereof as may be
266+necessary to perform the duties imposed upon the Oklahoma Department
267+of Agriculture, Food, and Forestry by law.
268+SECTION 6. This act shall become effective July 1, 2023.
269+SECTION 7. It being immediately necessary for the preservation
270+of the public peace, health or safety, an emergency is hereby
271+declared to exist, by reason whereof thi s act shall take effect and
272+be in full force from and after its passag e and approval.
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302-G. F. Any person convicted of violating the provisions of this
303-section shall be punished by a fine of not less than Five Hundred
304-Dollars ($500.00) nor more than One Thousand Five Hundred Dollars
305-($1,500.00), or by im prisonment in the county jail not to exceed
306-sixty (60) days, or by both such fine and imprisonment.
307-H. G. Any person convicted of violating the provision s of this
308-section shall have the commercial hun ting area license revoked. No
309-new license shall be iss ued for a period of six (6) months from and
310-after the date on which the revocation order becomes effec tive.
311-I. H. The Department is authorized to promulg ate rules
312-pertaining to commercial hunting areas this section.
313-SECTION 3. NEW LAW A new section of law to b e codified
314-in the Oklahoma Stat utes as Section 16-14 of Title 2, unless there
315-is created a duplication in numbering, reads as follows:
316-A. There is hereby created in the State Treasury a revolving
317-fund for the Oklahoma Department of Agriculture, Food, and Fore stry
318-to be designated the “Wildfire Reimbursement Revolving Fund”. The
319-fund shall be a continuing fund, not subject to f iscal year
320-limitations, and shall consist of all monies designated to the fund
321-by law. All monies accruing to the credit of the fund are hereby
322-appropriated and may be budgeted and expended by the Oklahoma
323-Department of Agriculture, Food, and Forestry for the purpose of
324-reimbursement of expenditures of Oklahoma rural fire departments and
299+Passed the Senate the 20th day of March, 2023.
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351-the Oklahoma Forestry Services who participated in exti nguishment
352-efforts of fires that:
353-1. Were not fully extinguished in the twenty-four (24) hours
354-after their reporting; and
355-2. Involved more than one rural fire department jurisdiction.
356-B. Expenditures from the fund shall be made upon warrants
357-issued by the State Treasurer agai nst claims filed as prescribed by
358-law with the Directo r of the Office of Management and Enter prise
359-Services for approval and payment.
360-C. The Oklahoma Department of Agriculture, Foo d, and Forestry
361-is authorized to promulgate rules fo r the administration of the
362-Wildfire Reimbursement Revolving Fund.
363-SECTION 4. NEW LAW A new section of law not to be
364-codified in the Oklahoma Statutes reads as follo ws:
365-There is hereby appropriated to the Wildfire Reimbursement
366-Revolving Fund created in Section 3 of this act from any monies not
367-otherwise appropriated from the General Revenue Fund of the State
368-Treasury for the fiscal year ending June 30, 2024, the sum of Five
369-Million Dollars ($5,000,000.00) or so much thereof as may be
370-necessary to perform the duties imposed upon the Oklahoma Department
371-of Agriculture, Food, and Forestry by law.
372-SECTION 5. It being immediately necessary for the preservation
373-of the public peace, health or safety, an emergency is hereby
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400-declared to exist, by reason whereof this act shall take effect and
401-be in full force from and after its passage and approval.
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403-59-1-2196 JES 5/17/2023 12:20:26 PM
306+Passed the House of Representatives the ____ day of __________,
307+2023.
308+
309+
310+
311+ Presiding Officer of the House
312+ of Representatives
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314+