OK
Oklahoma House Bill HB3756

Oklahoma 2024 Regular Session

Oklahoma House Bill HB3756 Compare Versions

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334 BILL NO. 3756 By: Hardin of the House
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536 and
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7- Woods and Bullard of the
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38+ Woods of the Senate
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1543 An Act relating to agriculture; amending 2 O.S. 2021,
1644 Sections 20-25 and 20-61, which relate to animal
1745 feeding operations; eliminating certain point system;
1846 and providing an effective date .
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21-SUBJECT: Agriculture
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2351 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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2552 SECTION 1. AMENDATORY 2 O.S. 2021, Section 20 -25, is
2653 amended to read as follows:
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2854 Section 20-25. A. 1. The State Board of Agriculture is
2955 authorized and directed to promulgate a violation points system for
3056 violating the Oklahoma Swine Feeding Operations Act which provides
3157 greater punishment for violations which are intentional and for
3258 violations which pose a greate r threat to the environment.
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3459 2. The State Board of Agricul ture shall have the power to
3560 suspend, revoke or not renew the license of any swine feeding
3661 operation based on the point system after a hearing, and after an
3762 administrative determination that the sw ine feeding operation has
3863 violated or has failed to comply with any of the provisions of the
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3991 Oklahoma Swine Feeding Operations Act, or any rule promulgated
4092 pursuant thereto.
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4293 3. 2. The Board shall have the power and duty to reinstate any
4394 such suspended or revoked licenses, or renew the licenses, upon a
4495 satisfactory and acceptable showing and assurance that the swine
4596 feeding operation conducted swine feeding operations in conformity
46-with, and in compliance with, the provisions of the Oklaho ma Swine ENR. H. B. NO. 3756 Page 2
97+with, and in compliance with, the provisions of the Oklahoma Swine
4798 Feeding Operations Act and rules promulgated pursuant thereto, and
4899 that conformity and compliance will be continuous.
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50100 B. In order to protect the public health and safety and the
51101 environment of this state, the Board, pursuant to the Oklahoma Swine
52102 Feeding Operations Act, may deny issuance of a license or transfer
53103 of a license to establish and operate a swine feeding operation on
54104 and after September 1, 1997, to any person or other legal entity
55105 which:
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57106 1. Is not in substantial compliance with a final agency order
58107 or any final order or judgment of a court of record secured by any
59108 state or federal agency relating to swine feeding operations; or
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61109 2. Has evidenced a reckless disregard for the protection of the
62110 public and the environment as demonstrated by a history of
63111 noncompliance with environmental laws and rules resulting in
64112 endangerment of human health or the environment.
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66113 C. Any action taken in regard to the denial, suspension or
67114 revocation of a license shall be in conformity with the rules of the
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68142 Board governing Admin istrative Procedures and the Administrative
69143 Procedures Act.
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71144 SECTION 2. AMENDATORY 2 O.S. 2021, Section 20 -61, is
72145 amended to read as follows:
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74146 Section 20-61. A. 1. The Board is authorized and directed to
75147 promulgate a violation po ints system for violating the Oklahoma
76148 Concentrated Animal Feeding Operations Act which provides greater
77149 punishment for violations which are intentional and for violations
78150 which pose a greater threat to the environment.
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80151 2. The State Board of Agriculture s hall have the power to
81152 suspend, revoke or not renew the license of any animal feeding
82153 operation based on the point system after a hearing, and after an
83154 administrative determination that the animal feeding operation has
84155 violated or has failed to comply with any of the provisions of the
85156 Oklahoma Concentrated Animal Feeding Operations Act, or any rule
86157 promulgated pursuant thereto.
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88158 3. 2. The Board shall have the power and duty to reinstate any
89159 such suspended or revoked licenses, or renew the licenses, upon a
90160 satisfactory and acceptable showing and assurance that the animal
91-feeding operation conducted animal fee ding operations in conformity ENR. H. B. NO. 3756 Page 3
161+feeding operation conducted animal feeding operations in conformity
92162 with, and in compliance with, the provisions of the Oklahoma
93163 Concentrated Animal Feeding Operations Act and rules promulgat ed
94164 pursuant thereto, and that such conformity and complianc e will be
95165 continuous.
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97193 B. In order to protect the public health and safety and the
98194 environment of this state, the Board, pursuant to the Oklahoma
99195 Concentrated Animal Feeding Operations Act, may den y issuance of a
100196 license or transfer of a license to establish and operate an animal
101197 feeding operation on and after September 1, 1997, to any person or
102198 other legal entity which:
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104199 1. Is not in substantial compliance with a final agency order
105200 or any final order or judgment of a court of record secured by any
106201 state or federal agency relating to animal feeding operations; or
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108202 2. Has evidenced a reckless disregard for the protection of the
109203 public and the environment as demonstrated by a history of
110204 noncompliance with environmental laws and rules resulting in
111205 endangerment of human health or the environment.
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113206 C. Any action taken in regard to the denial, suspension or
114207 revocation of a license shall be in conformity with the rules of the
115208 Board governing Administrative P rocedures and the Administrative
116209 Procedures Act.
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118-SECTION 3. This act shall become effective November 1, 2024. ENR. H. B. NO. 3756 Page 4
119-Passed the House of Representatives the 14th day of February,
120-2024.
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125- Presiding Officer of the House
126- of Representatives
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130-Passed the Senate the 16th day of April, 2024.
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135- Presiding Officer of the Senate
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138-OFFICE OF THE GOVERNOR
139-Received by the Office of the Governor this ____________________
140-day of ___________________, 20_______, at _______ o'clock _______ M.
141-By: _________________________________
142-Approved by the Governor of the State of Oklahoma this _____ ____
143-day of ___________________, 20_______, at _______ o'clock _______ M.
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146- _________________________________
147- Governor of the State of Ok lahoma
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149-OFFICE OF THE SECRETARY OF STATE
150-Received by the Office of the Secretary of State this __________
151-day of ___________________, 20_______, at _______ o'clock _______ M.
152-By: _________________________________
210+SECTION 3. This act shall become effective November 1, 2024.
211+COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS
212+April 1, 2024 - DO PASS