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SENATE FLOOR VERSION
April 11, 2022
ENGROSSED HOUSE
BILL NO. 1628 By: Hardin (David) of the House
and
Murdock of the Senate
An Act relating to agriculture; amending 2 O.S. 2 021,
Sections 20-25 and 20-61, which relate 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. 2021, 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 point system after a hearing, and after an
administrative determination that the swine feeding operation has
violated or has failed to comply with any of the provisions of the
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Oklahoma Swine Feeding Operations Act, or any rule promulgated
pursuant thereto.
3. 2. The Board shall have the power and duty to rein state 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 con formity
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 Okla homa 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 leg al entity
which:
1. Is not in substantial compliance wi th 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 t he protection of the
public and the environment as demon strated 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
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Board governing Administrative Procedures and the Administrative
Procedures Act.
SECTION 2. AMENDATORY 2 O.S. 20 21, 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 deter mination 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 provi sions of the Oklahoma
Concentrated Animal Feeding Operat ions Act and rules promulgated
pursuant thereto, and that such conformity and compliance will be
continuous.
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B. In order to protect the public health and safety and the
environment of this state, the Board, pursuant to the Oklahoma
Concentrated Animal Fee ding 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 wh ich:
1. Is not in substantial compliance with a final a gency 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 protecti on 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, 202 2.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND WILDLIFE
April 11, 2022 - DO PASS