ENGROSSED SENATE
BILL NO. 875	By:	Marlatt of the Senate

			and

		Sanders of the House

An Act relating to wildlife; amending 29 O.S. 2011, Section 4-135, which relates to permits to control nuisance or damage by wildlife; adding elk as a nuisance species; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     29 O.S. 2011, Section 4-135, is amended to read as follows:
Section 4-135.  A.  The Department of Wildlife Conservation is authorized to issue permits to landowners, lessees, or their designated agents and to any entity of state, county, or local government to control nuisance or damage by any species of wildlife including, but not limited to beaver, coyote, deer, bobcat, raccoon, elk, and crow under rules promulgated by the Oklahoma Wildlife Conservation Commission.  The permits may be issued without limitation by statewide season regulations, bag limits or methods of taking.  A permitted landowner, lessee or a designated agent of the landowner or lessee may, with a valid permit issued pursuant to this section, control the wildlife specified in this subsection and feral swine at night to protect marketable agricultural crops, livestock, or processed feed, seed or other materials used in the production of an agricultural commodity.
B.  Except as otherwise specified in this subsection, the permit to hunt at night shall be valid for a period of up to one (1) year from the date the permit was issued.  Each landowner, lessee, or designated agent with a valid permit shall be required to have a current agricultural exemption permit issued by the Oklahoma Tax Commission.
C.  Notwithstanding the provisions of Section 5-203.1 of this title, a landowner, lessee, or designated agent of the landowner or lessee with a valid permit may use a headlight carried on the person while hunting at night.  Nothing in this section shall authorize the use of a headlight mounted on a vehicle or the use of a headlight from a public roadway.
D.  Any person who has been convicted of, or pled guilty to, a violation of Section 5-203.1 or Section 5-411 of this title within the previous three (3) years shall not be eligible to receive a permit pursuant to this section.  The permit can be issued by the local game warden in the county for which the permit is to be used or by the Law Enforcement Division of the Department of Wildlife Conservation.
E.  Notwithstanding the provisions of Section 1289.13 of Title 21 of the Oklahoma Statutes, it shall be lawful for any private landowner or designated employee of the landowner or lessee to have a chamber-loaded firearm on property owned by the landowner, and to use the firearm for the purpose of controlling nuisance or damage by any wildlife or feral swine.  Nothing in this section shall authorize any convicted felon to carry a firearm.
SECTION 2.  This act shall become effective November 1, 2013.
Passed the Senate the 12th day of March, 2013.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2013.

	
	Presiding Officer of the House
	of Representatives