An Act
ENROLLED HOUSE
BILL NO. 1460 By: Patzkowsky of the House
and
Howard of the Senate
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.
SUBJECT: Agriculture
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 assess 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.
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, ENR. H. B. NO. 1460 Page 2
utilization and educational projects, less the cost of collecting
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 Oklahoma 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:
Section 18-309. A. Producers may petition for a referendum at
any time after five (5) years 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 be fore the referendum, th e
President Commissioner shall mail a notice of the referendum to all
known wheat producers in the State of Oklahoma who market wheat in
commercial quantities. The notice shall specify the dates , times,
and places for holding the re ferendum. The notice shall also
include a sample ballot with the follo wing wording:
DO YOU FAVOR A CONTINUATIO N OF THE 20 MILL PER BUSHEL FEE
ASSESSMENT ON WHEAT MARKETED IN OKLAHOMA FOR UTILIZATION,
RESEARCH AND MARKET DEVELOPMENT?
ENR. H. B. NO. 1460 Page 3
YES ( ) NO ( )
C. Places within each county for conductin g the referendum
shall be designated by the Agricultural Extension Divisi on of
Oklahoma State Universi ty. Voting in each county shall be
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 Commissioner of the State Board of Agriculture. The
ballots shall be transmitted to the President Commissioner within
forty-eight (48) hours. Ba llots shall be preserved by the President
Commissioner for a period of at least t hree (3) months.
F. The results of the referendum shall be determined by the
President Commissioner 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 levying 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 the
termination of the assessments on April 30, following the date of
the referendum.
I. Thirty (30) days after termination of the assessment, all
remaining funds of the Commission shal l be transferred to the
Experiment Stations of Oklahoma State University, to be used for
continued research on wheat.
SECTION 3. This act shall become effective November 1, 2023.
ENR. H. B. NO. 1460 Page 4
Passed the House of Representatives the 7th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the 17th day of April, 2023.
Presiding Officer of the Senate
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: _________________________________