Req. No. 877 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 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) SENATE BILL 917 By: Stephens AS INTRODUCED An Act relating to hunting licenses; amending 29 O.S. 2021, Sections 4-112, as last amended by Section 2, Chapter 208, O.S.L. 2022 , 4-130, and 4-144 (29 O.S. Supp. 2022, Section 4 -112), which relate to hunting licenses, waterfowl stamp, and black bear hunting license; increasing nonresident fees; and pr oviding an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA: SECTION 1. AMENDATORY 29 O.S. 2021, Section 4 -112, as last amended by Section 2, Chapter 208, O.S.L. 2022 (29 O.S. Supp. 2022, Section 4-112), is amended to read as follows : Section 4-112. A. Except as otherwise provided for in the Oklahoma Wildlife Conservation Code or the Oklahoma Farmed Cervidae Act, no person may hunt, pursue, trap, harass , catch, kill, take o r attempt to take in any manner, use, have in possession, sell, or transport all or any portion of any wildlife except fish, without having first procure d a license from the Department of Wildlife Conservation. The Oklahoma Wildlife Conservation Commissio n shall designate a consecutive Saturday and Sunday in September of each Req. No. 877 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 year as free hunting days in which res idents of this state may hunt without first procuring a hunting license pursuant to the provisions of this section. B. The following legal residents of Oklahoma shall be exempt from the annual hunting license requirement of paragraph 1 of subsection E of this section and the following nonresiden ts shall be exempt from the annual nonresid ent hunting licenses required pursuant to paragraph 1 of subsection C of this section: 1. Legal residents under sixteen (16) years of age; 2. Legal residents sixty -five (65) years of age or older provided they have obtained a senio r citizen lifetime hunt ing or combination hunting and fishing l icense pursuant to th e provisions of Section 4-114 of this title; 3. Legal residents born on or before January 1, 1923; 4. Legal resident veterans having a disability of sixty percent (60%) or more and registered w ith the veterans registry created by the Oklahoma Department of Veterans Affairs; provided, that if the veteran has previously received an exemption pursuant to this paragraph, no registration with the veteran s registry shall be required; 5. Legal resident owners or tenants who hunt on land own ed or leased by them; 6. Any nonresident under fourteen (14) years of age; Req. No. 877 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 7. Legal residents having a proven disability which ren ders them nonambulatory and confines them to a wheelchair, as certified by a physician licensed in this state or in any stat e which borders this state; 8. Any legal resident or nonresident under eighteen (18) years of age who is in the physical custody of a child care facility as defined by Section 402 of Title 10 of the Oklahoma Statute s; and 9. Any legal resident or nonresi dent hunting, pursuin g, trapping, harassing, catching, killing, taking, or attempting to take in any manner any species of rattlesna ke during an organized rattlesnake-hunting event or festival and who has a rattlesna ke permit issued pursuant to Section 4 -143 of this title. C. Except as otherwise provided for in the Oklahoma Wildlife Conservation Code, the nonresident hunting licenses issued pursuant to this section and the fee for each license shall be: 1. Annual hunting license for nonresidents huntin g game other than deer, antelope, elk or bear which expire s one (1) year after the date of issuance – One Hundred Seventy-five Dollars ($175.00). Nonresidents hunting big game or combi nation big game and upland game in a commercial hunting area shall be r equired to have this license; 2. Gun hunting license for deer for nonresidents which shall be valid for hunting all deer allowed during the current calendar year Req. No. 877 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 deer gun season – Two Hundred Seventy-nine Dollars ($279.00) Four Hundred Twenty-three Dollars ($423.00) ; 3. Archery hunting license for deer for nonresidents which shall expire on January 15 of the calendar year after the year purchased or if purchased during the deer archery season it shall expire at the end of that d eer archery season – Two Hundred Seventy- nine Dollars ($279.00) Four Hundred Twenty-three Dollars ($423.00) ; 4. Primitive firearms hunting lic ense for deer for nonresidents which shall be valid for hunting all deer a llowed during the current calendar year deer primitive firearms season – Two Hundred Seventy- nine Dollars ($279.00) Four Hundred Twenty-three Dollars ($423.00); 5. Hunting license for antelope for nonresidents – Three Hundred Five Dollars ($305.00) Four Hundred Twenty-three Dollars ($423.00); 6. Hunting license for elk for nonresident s – Three Hundred Five Dollars ($305.00) Four Hundred Twenty-three Dollars ($423.00); 7. Five-day hunting license for nonresidents hunting game other than deer, antelope, elk, quail, turkey or bear – Seventy-four Dollars ($74.00). Nonresidents hunting big game or combination big game and upland game in a commercial hunting area shall be required to have this license; and 8. Ten-day hunting license for non residents hunting small game in a commercial hunting area – Five Dollars ($5.00). Req. No. 877 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 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. Of the fees collected pursuant to the provisions of subsection C of this section: 1. Five Dollars ($5. 00) of the license fee of each license issued pursuant to paragraph s 1 through 7 of subsection C of this section and Two Dollars and fifty cents ($2.50) of the license fee for each license issued pursuant to paragraph 8 of subsection C of this section shall be deposited in the Wildlife Land Acquisition Fund created pursuant to the provisions of Section 4 -132 of this title; and 2. Five Dollars ($5.00) of the license fee for ea ch license issued pursuant to paragraphs 1 through 8 of subsection C of this section shall be for the Oklahoma Wildlife Land Stamp and shall be deposited in the Oklahoma Wildlife Land Fund created pursuant to the provisions of Section 4-141 of this title. E. Except as otherwise provided, the annual resident hunting licenses issued purs uant to this subsection shall expire one (1) year after the date of issuance. The resident hunting licenses issued pursuant to thi s section and the fee for each license shal l be: 1. Annual hunting license for residents eighteen (18) years of age and older – Thirty-one Dollars ($31.00) ; 2. Annual hunting license for residents sixteen (16) or seventeen (17) years of age – Six Dollars ($6.00); Req. No. 877 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. Ten-day hunting license for residents for small game in a commercial hunting area - Five Dollars ($5.00); 4. Five-year disability hunting license for residents for at least six (6) months who a re receiving Social Security Disability benefits, Supplemental Security Income benefits or disability benefits under the Railroad Retirement Act, 45 U.S. C.A., Section 231a, or residents who are one-hundred-percent disabled and are receiving disability paym ents from the Multiple Injury Trust Fund pursuant to Section 31 of Title 85A of the Oklahom a Statutes - Ten Dollars ($10.00); 5. Gun hunting license for deer for residents eighteen (18) years of age or older - Nineteen Dollars ($19.00). The following persons shall be exempt: a. residents with proper certification from the United States Department of Veterans Affairs or its successor, certifying that the person is a disabled veteran in receipt of compensation at the one-hundred- percent rate and register ed with the veterans registry created by the Oklahoma Department of Veterans Affairs; provided, that if the veteran has previously received an exemption pur suant to this subparagraph, no registration with the veterans registry shall be required, and Req. No. 877 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. residents hunting in big game or combin ation big game and upland game commercial hunting areas; 6. Gun hunting license for deer for residents under eighteen (18) years of age – Nine Dollars ($9.00); 7. Archery hunting license for deer for residents ei ghteen (18) years of age or older - Nineteen Dollars ($19.00). The following persons shall be exemp t: a. residents with proper certification from the United States Department of Veterans Affairs or its successor, certifying that the person is a disabled veteran in receipt of compensation at the one -hundred- percent rate and registered with the veterans r egistry created by the Oklahoma Department of Veterans Affairs; provided, that if the veteran has previously received the exemption pursuant to this subpara graph, no registration with the veterans reg istry shall be required, and b. residents hunting in big game or combination big game and upland game commercial hunting areas; 8. Archery hunting license for deer for residents under eighteen (18) years of age - Nine Dollars ($9.00); 9. Primitive firearms hunting license for deer for residents eighteen (18) years of age or older - Nineteen Dollars ($19.00). The following persons shall be exempt: Req. No. 877 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. residents with proper certification from the United States Department of Veterans Affairs or its successor, certifying that the person is a disabled veteran in receipt of compensation at the one-hundred- percent rate and registered with the veterans registry created by the Oklahoma Department of Veterans Affairs; provided, that if the veteran has previo usly received the exemption pursuant to this subparagraph , no registration with the veterans registry shall be required, and b. residents hunting in big game or combination big game and upland game commercial hun ting areas; 10. Primitive firearms hunting license for deer for residents under eighteen (18) years of age - Nine Dollars ($9.00); 11. Hunting license for elk for residents - Fifty Dollars ($50.00). Residents hunting i n big game or combination b ig game and upland game commercial hunting a reas shall be exempt from this license; 12. Hunting license for antelope for residents – Fifty Dollars ($50.00). Residents hunting in big game or combination big game and upland game commercial hunting area s shall be exempt from this license; and Req. No. 877 Page 9 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 13. Bonus, special or additional gun hunting li cense for deer for residents - Nineteen Dollars ($19.00). The following persons shall be exempt: a. residents with proper certification from th e United States Department of Veterans Affairs or i ts successor, certifying that the person is a disabled veteran in receipt of compensation at the one-hundred- percent rate and registered with the veterans registry created by the Oklahoma Department of Vet erans Affairs; provided, that if the veteran has pr eviously received the exemption pursuant to this subparagraph , no registration with the vete rans registry shall be required, and b. residents hunting in big game or combination big game and upland game commercial hunting areas. F. Of the fees collected pursuant to the provisions of paragraph 1 of subsection E of this section, Five Dollars ($5.00 ) of the license fee shall be for the Oklahoma Wildlife Land Stamp and shall be deposited in the Oklahoma Wildlif e Land Fund created pursuant to the provisions of Section 4-141 of this title. G. The provisions of this section shall not be construed to require a hunting license, resident or nonresident, of any person merely because the person participates, as owner o r handler of an entry, as an official, or as a spectator in the conduct of a field Req. No. 877 Page 10 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 trial or performance test of dogs, whether a resident or non resident of this state. No license to hunt shall be required of any person engaged in training or working dogs, provided that person is in no way engaged in hunting and does not take or attempt to take in any manner any game. H. 1. Any person arrested f or hunting game other than deer, antelope, elk, bear or turkey without a valid hunting licens e as required by the provisions of subsectio n A of this section may purchase a substitute temporary thirty-day license from the arresting game warden in lieu of po sting bond. Proof of hunter safety certification will not be required for the temporary substitute license. The fee for a substitute li cense purchased pursuant to the provisions of this subsection shall be: a. for legal residents, Fifty Dollars ($50.00), and b. for nonresidents, One Hundred Forty-five Dollars ($145.00). 2. Except as otherwise p rovided for by this subsection, the fees from licenses purchased pursuant to the provisions of this subsection shall be deposited in the Wildlife Conservation Fund to be used exclusively for developing, managing, preserving, and protecting wildlife and wil dlife habitat. I. Any person producing proo f in court that a current hunting license issued by the Department of Wildlife Conservation to that person was in force at the time of the alleged offense shall be Req. No. 877 Page 11 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 entitled to dismissal of a charge of violating t his section upon payment of court costs. If proof of a current hunting license issued by the Department to the person that was in force at the time of the alleged offense is presented to the court or district attorney within seventy-two (72) hours after t he violation, the charge shall be dismissed without payment of court costs. J. Unless a substitute license is purchased as provided for by subsection H of this section, any resident convicted of violating the provisions of this section shall be punished b y the imposition of a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00), or by imprisonment in the county jail for a period not to exceed thirty (30) days, or by both. K. Unless a substitute license is purchase d as provided for by subsection H of this section, any nonresident convicted of violating the provisions of this section shall be punished by the imposition of a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.0 0), or by imprisonment in the county jail for a period not to exceed six (6) months, or by both. L. The Oklahoma Wildlife Conservation Commission shall promulgate any rules necessary to implement the provisions of this section. SECTION 2. AMENDATORY 29 O.S. 2021, Section 4-130, is amended to read as follows: Req. No. 877 Page 12 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 4-130. A. Except as otherwise provided in the Oklahoma Wildlife Conservation Code, no person may hunt or take any wa terfowl during the open season on waterfowl unless the person has first obtained an Oklahoma waterfowl hunting stamp or license from the Director or authorized agents of the Director. Each person shall have the stamp or license in their possession when hu nting or taking any waterfowl. When a stamp is purchased, the st amp shall be validated by the signature of the licensee written across the face of the stamp. B. Persons excepted from the Oklahoma waterfowl hunting stamp or license requirement of this sec tion are: 1. Legal residents of Oklahoma under sixteen (16) year s of age; and 2. Legal residents of Oklahoma sixty -five (65) years of age or older. C. 1. The Oklahoma waterfowl hunting stamp fee and waterfowl license shall each be Nine Dollars ($9.00) for residents and Thirty Dollars ($30.00) for nonresidents . The remainder of the fee shall be deposited in the Wildlife Con servation Fund, to be used exclusively in the State of Oklahoma, for the purpose of developing, managing, preserving, restoring and maintaining wetland habitats and for the conservation and management of waterfowl and ecologically related species. Req. No. 877 Page 13 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. The collection and remittance procedures applicable to hunting license fees under this title shall apply to waterfowl stamp or license fees. 3. The waterfowl stamp or license issued pursuant to this section shall expire on June 30 of each year. D. The Oklahoma Wildlife Conservation Commission may prescribe, by regulation, the form, design and manner of issuance, if any, of the waterfowl stamp, which could include the selection of art for such stamp from an art contest regulated by the Commission. E. 1. Any person arrested for hunting or taking any waterfowl during the open season on waterfowl without a valid Oklahoma waterfowl hunting stamp or license as required by the provisions of subsection A of this section may purchase a substitute temporary thirty-day stamp or license from the arresting game warden in lieu of posting bond. Proof of hunter safety certification shall not be required for the temporary substitute stamp or license. The fee for a substitute stamp or license purchased pursuant to the provis ions of this subsection shall be: a. for legal residents – Fifty Dollars ($50.00), and b. for nonresidents – One Hundred Forty-five Dollars ($145.00). 2. The fees from the temporary stamp and license purchased pursuant to the provisions of this subsection shall be deposited in the Wildlife Conservation Fund, to be used exclusively in the State Req. No. 877 Page 14 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of Oklahoma, for the purpose of developin g, managing, preserving, restoring and maintaining wetland habitats a nd for the conservation and management of waterfowl and ecologically related species. F. Any person convicted of violating any of the provisions of this section shall be punished by a fi ne of not less than Twenty- five Dollars ($25.00) nor more than One Hu ndred Dollars ($100.00). G. Nothing in this title shal l prohibit a person from hunting waterfowl exclusively on their own property without an Oklahoma waterfowl hunting stamp or license. SECTION 3. AMENDATORY 29 O.S. 2021, Secti on 4-144, is amended to read as follows: Section 4-144. A. No person may hunt or take black bear without having first procured a license from the Director of Wildlife Conservation or an agent of the Director. B. The Wildlife Conservation Commission shall decide the open season, the bag limits, and territorial limitations for hunting or taking black bear. C. The fees for a license issued pursuant to this section shall be: 1. For legal residents, One Hundred Dollars ($100.00); and 2. For nonresidents, Five Hundred Dollars ($500.00) Six Hundred Twenty-three Dollars ($623.00) . D. Any person who fails to obtain a license as required in subsection A of this section and pay the fee as requir ed in Req. No. 877 Page 15 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 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 paragraph 1 of subsection C of this section, upon conviction, s hall be punished by a fine of not less than Two Hundred Do llars ($200.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a period not to exceed six (6) months, or by both said fine and imprisonment. E. Any person who fails to obtain a license as required in subsection A of this section and pay the fee as required in paragraph 2 of subsection C of this section, upon conviction, shall be punished by a fine of not less than Eight Hundred Dollars ($800.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for a period not to exceed six (6) months, or by both said fine and imprisonment. SECTION 4. This act shall become ef fective November 1, 2023. 59-1-877 MR 1/19/2023 10:42:28 AM