SB 2095

                       An Act
ENROLLED SENATE
BILL NO. 2095  By: Kern of the Senate
                                                  and
                                          Townley of the House
         An Act relating to game and fish; defining terms;
         prohibiting residents and nonresidents from the
         taking of certain game for compensation without
         certain licenses; specifying requirements for certain
         licenses; setting fees for certain licenses; creating
         misdemeanor offense; requiring certain license
         revocation upon conviction; requiring court to
         transmit certain information; defining term;
         providing exceptions; providing penalties; providing
         for codification; and providing an effective date.
SUBJECT:   Game and fish
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 5-202.2 of Title 29, unless
there is created a duplication in numbering, reads as follows:
    A.   As used in this section:
    1. “Guide” means a person who is compensated by a licensed
outfitter to help the outfitter furnish personal services for the
conduct of waterfowl or crane hunting activities directly related to
the conduct of activities for which the employing outfitter is
licensed; and
    2. “Outfitter” means a person who holds his or her business
operation out to the public for hire or consideration; provides
facilities or services for consideration; maintains, leases, or
otherwise provides compensation for the use of land and receives
compensation from a third party for use of such land; or uses
equipment or accommodations for consideration for the conduct of
waterfowl or crane hunting activities.
    B. Except as otherwise provided in the Oklahoma Wildlife
Conservation Code, no person shall assist, accompany, transport,
guide, outfit, or aid persons in the taking of waterfowl or crane
for compensation or other consideration in this state without first
procuring a hunting outfitter or hunting guide license from the
Director of Wildlife Conservation or from any authorizing agent of
the Department of Wildlife Conservation.
    C. For the purposes of this section, written permission may be
written or electronic information containing the name and phone
number of the landowner or agricultural lessee and the name of the
person who has been granted permission to carry out the activities
specified in subsection B of this section.
   D.   1.   The hunting outfitter shall be:
        a.    eighteen (18) years of age or older,
        b.    able to produce a valid driver license or other proof
              of identification, age, and residency. Any license
              provided shall show such data, and shall include the
              date of issuance, and
        c.    able to produce an insurance policy indicating a
              personal liability coverage of no less than One
              Million Dollars ($1,000,000.00).
   2.   All persons applying for a hunting guide license shall be:
        a.    eighteen (18) years of age or older, and
        b.    able to produce a valid driver license or other proof
              of identification, age, and residency. Any license
              provided shall show such data, and shall include the
              date of issuance.
ENR. S. B. NO. 2095  Page 2
    3. The outfitter may employ any assistants as necessary, and
any person providing direct oversight of the hunting or assisting
with the hunting in the field shall possess a hunting guide license
and operate under a licensed outfitter. A licensed outfitter may
also provide the direct oversight of the hunting services.
    E. The licenses provided in this section and the maximum fee
for each license shall be:
    1. Annual hunting outfitter license for a resident not to
exceed One Thousand Dollars ($1,000.00);
    2. Annual hunting outfitter license for a nonresident not to
exceed Two Thousand Dollars ($2,000.00);
    3. Annual hunting guide license for assistants or helpers of an
outfitter for a resident not to exceed One Hundred Dollars
($100.00); and
    4. Annual hunting guide license for assistants or helpers of an
outfitter for a nonresident not to exceed Two Hundred Dollars
($200.00).
    F.   The provisions of this section shall not:
    1. Apply to resident landowners who provide such services on
properties they own or hold under an agricultural lease, nor shall
they apply to guides who are employees or direct agents acting on
behalf of the landowner on property the landowner owns or holds
under an agricultural lease;
    2. Apply to individuals on lands licensed by the Department as
a commercial hunting area or lands licensed as a feral hog hunting
facility by the Oklahoma Department of Agriculture, Food, and
Forestry;
    3. Exempt a resident or nonresident procuring a hunting guide
or outfitter license pursuant to this section from any other hunting
licenses as required by law;
    4. Allow a hunting guide license holder to conduct business on
any land publicly owned, managed, or leased by the Department of
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Wildlife Conservation or the Oklahoma Tourism and Recreation
Department; or
    5. Apply to lessees of rural land who provide such services on
properties leased by such individuals as a farming or ranching
business pursuant to Section 951 of Title 18 of the Oklahoma
Statutes or, if they indicated to the landowner or lessor, if the
primary use of the leased land is agricultural.
    G. Any person convicted of violating any provisions of this
section shall, upon conviction, be guilty of a misdemeanor
punishable by a fine not less than One Thousand Five Hundred Dollars
($1,500.00) nor more than Two Thousand Dollars ($2,000.00), by
imprisonment in the county jail for thirty (30) days, or by both
such fine and imprisonment.
    H. Any person convicted of a second or subsequent violation of
any provisions of this section shall, upon conviction, be guilty of
a misdemeanor punishable by a fine not less than One Thousand Five
Hundred Dollars ($1,500.00) nor more than Two Thousand Dollars
($2,000.00), by imprisonment in the county jail for not less than
six (6) months, or by both such fine and imprisonment.
    I. Any hunting outfitter license or hunting guide license
issued to a person by the Department of Wildlife Conservation shall
be automatically revoked upon conviction of the person of a
violation of subsection B of this section or a violation of Section
5-202 of Title 29 of the Oklahoma Statutes. The revocation shall be
for a period set by the court of not less than one (1) year nor more
than ten (10) years. If the court does not set a period, the
revocation shall be for one (1) year from the date the conviction
becomes final. During this period of revocation, the Department
shall not issue the person a hunting outfitter license or hunting
guide license or any other hunting or fishing license. If the court
does not set a period, the Department shall not issue the person a
license before the first anniversary of the date the conviction
becomes final.
    J. Any hunting outfitter license or hunting guide license of a
person convicted of a second or subsequent violation of the
provisions of this section shall be automatically revoked. The
revocation shall be for a period set by the court of not less than
ENR. S. B. NO. 2095  Page 4
three (3) years nor more than ten (10) years. If the court does not
set a period, the revocation shall be for three (3) years from the
date the conviction becomes final. During this period of
revocation, the Department shall not issue the person a hunting
outfitter license or hunting guide license or any other hunting or
fishing license. If the court does not set a revocation period, the
Department shall not issue the person a license within three (3)
years of the conviction of the person pursuant to this section.
    K. A person who has a license revoked pursuant to this section
shall surrender the revoked license to the court, or the court may
order the defendant to surrender the license directly to an officer
from the Department of Wildlife Conservation present at the hearing.
If the license is surrendered to the court, the court shall send the
Department the revoked license. The court shall also send the
Department a copy of the judgment of conviction. In lieu of sending
a paper copy of the documents and information required by this
subsection, the court clerk may transmit the conviction information
using an electronic method authorized by the Department.
    L. For purposes of this section, “conviction” shall include a
plea of guilty or nolo contendere to an offense or the imposition of
deferred adjudication for an offense.
    M. The Department of Wildlife Conservation shall promulgate any
rules necessary to implement the provisions of this section.
   SECTION 2.   This act shall become effective November 1, 2026.
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   Passed the Senate the 11th day of March, 2026.
                                   Presiding Officer of the Senate
   Passed the House of Representatives the 5th day of May, 2026.
                                    Presiding Officer of the House
                                                of Representatives
                       OFFICE OF THE GOVERNOR
   Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
   Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
                                   _________________________________
                                   Governor of the State of Oklahoma
                  OFFICE OF THE SECRETARY OF STATE
   Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________
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