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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1460 By: Patzkowsky
COMMITTEE SUBSTITUTE
An Act relating to agriculture; amending 2 O.S. 2021,
Sections 18-308 and 18-309, which relate to the
Oklahoma Wheat Resources Act; removing fixed fee rate
for a bushel of wheat; providing that the Oklahoma
Wheat Association shall assess a fee upon all
marketed wheat; providing that a referendum may be
called to determine continuation of the fee assessed
by the Oklahoma Wheat Association; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 18 -308, is
amended to read as follows:
Section 18-308. A. There is hereby assessed The Oklahoma Wheat
Association shall asses s a fee of two cents ($0.02) per bushel upon
all wheat marketed by wheat producers in this stat e and sold through
commercial channels. The fee is assessed and imposed on the
producer at the time of sale or delivery, and shall be collected and
remitted by the first purchaser to the Oklahoma Wheat Commission.
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Under the provisions of the Oklahoma Whe at Resources Act, no wheat
shall be subject to a fee more than once.
B. The Commission shall allocate twenty percent (20%) of the
two-cent fee levied and collected pursuant to subsection A of this
section to the Oklahoma Wheat Research Foundation for the purpose of
conducting wheat research, including, but not limited to,
utilization and educational projects, less the cost of collect ing
the fee, such cost not to exceed fifty percent (50%) of the total of
the office rental and clerical costs, and the costs of supplies and
postage and such cost to be prorated on the basis of eighty percent
(80%) to the Commission and twenty percent (20% ) to the Oklahoma
Wheat Research Foundation.
C. In order for the Oklahoma Wheat Research F oundation to
qualify for the alloc ation of twenty percent (20%) of collected
fees, the Commission shall appoi nt a member of the Oklahoma Wheat
Commission to the Okla homa Wheat Research Foundation board of
directors.
D. Any unexpended balance contained in the revolving fund
designated for the Wheat Utilization, Research and Market
Development Commission as of Nov ember 1, 2016, shall be transferred
and deposited to the credit of the General Revenue Fund of the State
Treasury.
SECTION 2. AMENDATORY 2 O.S. 2021, Secti on 18-309, is
amended to read as follows:
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Section 18-309. A. Producers may petition for a referendum at
any time after five (5) ye ars following the effective date of the
Oklahoma Wheat Resources Act to determine if the a ssessment is to be
continued.
B. The President Commissioner of the State Board of Agriculture
shall call and conduct a referendum if the petitions be ar signatures
of ten percent (10%) of the wheat producers. No more than one such
referendum shall be cond ucted in any one thirty-six-month period.
The State Board of Agriculture shall determine if the petition bea rs
the required number of valid signature s. The President Commissioner
shall announce the referendum at least thirty (30) days prior to the
day of voting. At least thirty (30) days before the referendum, th e
President Commissioner shall mail a notice of the referendum to all
known wheat producers in the State of Oklahom a who market wheat in
commercial quantities. The notice shall specify the dates , times,
and places for holding the referendum. The notice shall also
include a sample ballot with the follo wing wording:
DO YOU FAVOR A CONTINUATION O F THE 20 MILL PER BUSHEL FEE
ASSESSMENT ON WHEAT MARKETED IN OKLAHOMA FOR UTILIZATION,
RESEARCH AND MARKET DEVELOPMENT?
YES ( ) NO ( )
C. Places within each county for conductin g the referendum
shall be designated by the Agricultural Extension Division of
Oklahoma State Universi ty. Voting in each county shall be
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supervised by the county agricultural extens ion agent, or a person
designated by the Extension Division in cases where there is no
county agent in a coun ty at the time of the referendum.
D. The Oklahoma Wheat Commission shall ensure sufficient
ballots and supplies necessary for conducting the votin g and the
tabulation of returns.
E. Certified results of the referendum i n each county shall be
transmitted within twenty-four (24) hours after voting ends to the
President of the State Board of Agriculture. The ballots shall be
transmitted to the Presid ent within forty-eight (48) hours. Ballots
shall be preserved by the Pres ident for a period of at least thre e
(3) months.
F. The results of the refere ndum shall be determined by the
President and the results certified to the Governor, who shall issue
a proclamation declaring the results.
G. The Commission shall bear expenses of advertising and
conducting the referendum.
H. Whenever the question of lev ying the assessments is
disapproved, by failure of sixty percent (60%) of the producers
voting in the referendum to favor continuation of the assessments,
the proclamation declar ing the result shall provide for th e
termination of the assessments on April 3 0, following the date of
the referendum.
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I. Thirty (30) days after termination of the assessment, all
remaining funds of the Commission shall be transferred to the
Experiment Stations of Oklahoma State Universit y, to be used for
continued research on whe at.
SECTION 3. This act shall become effective November 1, 2023.
59-1-7648 JL 02/21/23