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SENATE FLOOR VERSION
April 12, 2023
ENGROSSED HOUSE
BILL NO. 2841 By: Caldwell (Trey), West
(Josh), Burns, Humphrey,
Roe, Cantrell and Hardin of
the House
and
Kidd of the Senate
[ agriculture – agents - salary – reductions -
effective date -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 6 -310, is
amended to read as follows :
Section 6-310. A. The Commissioner of the State Board of
Agriculture may commission, subject to the approval o f the Board,
agriculture law enforcement agents.
B. Agriculture law enforcement agents, when commissioned,
shall:
1. Have all the powers of peace officers except the serving or
execution of civil process other than the execution of civil process
related to the Oklahoma Agricultural Code;
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2. Have in all parts of the state the same powers with respect
to criminal matters and enforcement of the laws relating thereto as
sheriffs, highway patrol, a nd police officers in their respective
jurisdictions;
3. Enforce the civil, criminal, and administrative provisions
relating to livestock theft, animal health and importatio n statutes
and theft of farming equipment and farm implements, as well as any
other law contained in the Oklahoma Agricultural Code;
4. Possess all immunities and matters of defense now available
or hereafter made available to sheriffs, highway patrol and police
officers in any suit b rought against them in consequence of acts
done in the course of their employment; and
5. Comply with the provisi ons of Section 3311 of Title 70 of
the Oklahoma Statutes.
C. Agriculture law enforcement agents specifically:
1. Are vested with the power a nd authority of sheriffs in
making arrests for viola tions of the Oklahoma Agricultural Code and
in the enforcement of nonagriculture-related crimes in cooperation
with other law enforcement officers and agencies as authorized by
the Board and approved by t he Governor of the State of Oklahoma;
2. May take into possession any farming equipment or farm
implement and any and all livestock, or any part thereof, killed,
taken, shipped or had in possession contrary to the law. Such
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livestock or parts thereof may be disposed of as determined by the
Commissioner or any court of competent jurisdiction;
3. May make a complaint and cause proceedings to be commenced
against any person for violation of any of the laws relating to the
Oklahoma Agricultural Code or relat ing to theft of livestock and of
farming equipment or farm implements, with the sanction of the
prosecuting or district attorney of the county in which the
proceedings are brought, and shall not be required to give security
for costs;
4. In connection wit h the enforcement of the civil, criminal,
and administrative provisions, shall have the express authority to
stop the transportation or movement of any animal or farming
equipment or farm implement within this state and shall have the
right to enter upon a ll premises, posted, or otherwise, when
necessary for enforcement of the laws of this state;
5. Shall be under th e control and direction of the
Commissioner. The Commissioner may, at any time, remove any powers
or authority of arrest conferred by the Com missioner; and
6. Shall have the right to carry fir earms as authorized by the
Commissioner.
D. All agriculture law enforcement agents commissioned as
provided in subsection A of this section shall be provided a salary
as follows:
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1. For the state fiscal years beginning on or after July 1,
2023, and ending on or prior to June 30, 2025, an amount no less
than ninety percent (90%) of the average salary paid to the rank of
Trooper for the Oklahoma Highway Patrol Division of the D epartment
of Public Safety during the state fiscal year ending Jun e 30, 2022;
and
2. Starting with the state fiscal year beginning on July 1,
2025, and in each state fiscal year that begins in an odd -numbered
calendar year thereafter, such salary shall be adjusted to be no
less than ninety percent (90%) of the average salar y paid to the
rank of Trooper for the Oklahoma Highway Patrol Division of the
Department of Public Safety during the most recent state fiscal year
ending in an even-numbered calendar year; provided that no
adjustment shall be made that would result in the reduction of an
applicable salary amount.
SECTION 2. This act shall become effective July 1, 2023.
SECTION 3. It being immediately necessary for the pre servation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
April 12, 2023 - DO PASS