Req. No. 1063 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 967 By: Green AS INTRODUCED An Act relating to fish and wildlife; amending 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), which relates to hunting licenses; excluding certain game from certain licensure; including certain game for certain licensure; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA : 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 f or 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. 1063 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 resid ents 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. 1063 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 rende rs 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 rattlesnake 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 is sued 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 deer gun season – Two Hundred Seventy-nine Dollars ($279.00); Req. No. 1063 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 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); 4. Primitive firearms hunting lic ense for deer for nonresidents which shall be valid for hunting all deer allowed during the current calendar year deer primitive firearms season – Two Hundred Seventy- nine Dollars ($279.00); 5. Hunting license for antelope for nonresidents – Three Hundred Five Dollars ($305.00); 6. Hunting license for elk for nonresidents – Three Hundred Five Dollars ($305.00); 7. Five-day hunting license for nonresidents h unting 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 re quired to have this license; and 8. Ten-day hunting license for non residents hunting small game and upland game in a commercial hunting area – Five Dollars ($5.00). 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 Req. No. 1063 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 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 pursuant to this subsection shall expire one (1) year after the date of issuance. The resident hunting licenses issued pursuant to t his 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); 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 Req. No. 1063 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 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 de er 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 per son is a disabled veteran in receipt of compensation at the on e-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 pursua nt to this subparagraph, no registration with the veterans reg istry shall be required, and 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); Req. No. 1063 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 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: a. residents with proper certif ication 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- Req. No. 1063 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 percent rate and registered with the veterans registry created by the Oklahoma De partment 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 in 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 13. Bonus, special or additional gun hunting license for deer for residents - Nineteen Dollars ($19.00). The following persons shall be exempt: a. residents with proper certification from the United States Department of Veterans Affairs or i ts successor, certifying that the person is a disabled Req. No. 1063 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 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 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 are as. 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 Wildlife 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 or handler of an entry, as an official, or as a spectator in the conduct of a field 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. Req. No. 1063 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 H. 1. Any person arrested f or hunting game other than deer, antelope, elk, bear or turkey wi thout 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 req uired 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 entitled to dismissa l 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 Req. No. 1063 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 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. This act shall become effective November 1, 2023. 59-1-1063 MR 1/19/2023 11:47:38 AM