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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1628 By: Hardin (David) of the House
and
Murdock of the Senate
AS INTRODUCED
An Act relating to agriculture; amending 2 O.S. 2 011,
Sections 20-25 and 20-61, which relates to animal
feeding operations; eliminating certain point system;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2 011, Section 20-25, is
amended to read as follows:
Section 20-25. A. 1. The State Board of Agriculture is
authorized and directed to promulgate a violation points system for
violating the Oklahoma Swine Feeding Operations Act which provides
greater punishment for violations which are intentional and for
violations which pose a greater threat to the environment.
2. The State Board of Agriculture shall have the power to
suspend, revoke or not renew the license of any swine feeding
operation based on the p oint system after a hearing, and after an
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administrative determination that the swine feeding operation has
violated or has failed to comply with any of the provisions of the
Oklahoma Swine Feeding Operations Act, or any rule promulgated
pursuant thereto.
3. 2. The Board shall have the power and duty to reinstate any
such suspended or revoked licenses, or renew the licenses, upon a
satisfactory and acceptable showing and assurance that the swine
feeding operation conducted swine feeding operations in confo rmity
with, and in compliance with, the provisions of the Oklahoma Swine
Feeding Operations Act and rules promulgated pursuant thereto, and
that conformity and compliance will be continuous.
B. In order to protect the public health and safety and the
environment of this state, the Board, pursuant to the Oklahoma Swine
Feeding Operations Act, may deny issuance of a license or transfer
of a license to establish and operate a swine feeding operation on
and after September 1, 1997, to any person or other legal entity
which:
1. Is not in substantial compliance with a final agency order
or any final order or judgment of a court of record secured by any
state or federal agency relating to swine feeding operations; or
2. Has evidenced a reckless disregard for the protection of the
public and the environment as demonstrated by a history of
noncompliance with environmental laws and rules resulting in
endangerment of human health or the environment.
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C. Any action taken in regard to the denial, suspension or
revocation of a license shall be in conformity with the rules of the
Board governing Administrative Procedures and the Administrative
Procedures Act.
SECTION 2. AMENDATORY 2 O.S. 2011, Section 20 -61, is
amended to read as follows:
Section 20-61. A. 1. The Board is authorized and directed to
promulgate a violation points system for violating the Oklahoma
Concentrated Animal Feeding Operations Act which provides greater
punishment for violations which are intentional and for violations
which pose a greater threat to the environment.
2. The State Board of Agriculture shall have the power to
suspend, revoke or not renew the license of any animal feeding
operation based on the point system after a hearing, and after an
administrative determi nation that the animal feeding operation has
violated or has failed to comply with any of the provisions of the
Oklahoma Concentrated Animal Feeding Operations Act, or any rule
promulgated pursuant thereto.
3. 2. The Board shall have the power and duty to reinstate any
such suspended or revoked licenses, or renew the licenses, upon a
satisfactory and acceptable showing and assurance that the animal
feeding operation conducted animal feeding operations in conformity
with, and in compliance with, the provisi ons of the Oklahoma
Concentrated Animal Feeding Operations Act and rules promulgated
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pursuant thereto, and that such conformity and compliance will be
continuous.
B. In order to protect the public health and safety and the
environment of this state, the B oard, pursuant to the Oklahoma
Concentrated Animal Feeding Operations Act, may deny issuance of a
license or transfer of a license to establish and operate an animal
feeding operation on and after September 1, 1997, to any person or
other legal entity whic h:
1. Is not in substantial compliance with a final agency order
or any final order or judgment of a court of record secured by any
state or federal agency relating to animal feeding operations; or
2. Has evidenced a reckless disregard for the protection of the
public and the environment as demonstrated by a history of
noncompliance with environmental laws and rules resulting in
endangerment of human health or the environment.
C. Any action taken in regard to the denial, suspension or
revocation of a license shall be in conformity with the rules of the
Board governing Administrative Procedures and the Administrative
Procedures Act.
SECTION 3. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT,
dated 02/10/2021 - DO PASS, As Coauthored.