An Act
ENROLLED HOUSE
BILL NO. 3756 By: Hardin of the House
and
Woods and Bullard of the
Senate
An Act relating to agriculture; amending 2 O.S. 2021,
Sections 20-25 and 20-61, which relate to animal
feeding operations; eliminating certain point system;
and providing an effective date.
SUBJECT: Agriculture
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 directe d to promulgate a violation points system for
violating the Oklahoma Swine Feeding Operations Act which provi des
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 determi nation that the swine feeding operation has
violated or has failed to comply with any of the provisions of the
Oklahoma Swine 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 swine
feeding operation conducted swine feeding operations in conformity
with, and in compliance with, the provisions of the Oklaho ma Swine ENR. H. B. NO. 3756 Page 2
Feeding Operations Act and rules promulgated pursuant ther eto, 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 Oklahoma 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 legal entity
which:
1. Is not in substantial compliance with a fin al agency order
or any final order or judgment of a court of record s ecured by any
state or federal agency relating to swine feeding operations; or
2. Has evidenced a reckless disr egard for the protection of the
public and the environment as demonstrated by a history of
noncompliance with environmental laws and rules resul ting in
endangerment of human health or the environment.
C. Any action taken in regard to the denial, suspensio n or
revocation of a license shall be in conformity with the rules of the
Board governing Administrative Procedures and the Administrative
Procedures Act.
SECTION 2. AMENDATORY 2 O.S. 2021, 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 thr eat to the environment.
2. The State Board of Agriculture shall have the power to
suspend, revoke or not ren ew the license of any animal feeding
operation based on the point system after a hearing, and after an
administrative determination 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 re new the licenses, upon a
satisfactory and acceptable showing and assurance that the animal
feeding operation conducted animal fee ding operations in conformity ENR. H. B. NO. 3756 Page 3
with, and in compliance with, the provisions of the Oklahoma
Concentrated Animal Feeding Operatio ns Act and rules promulgated
pursuant thereto, and that such conformity and compliance will be
continuous.
B. In order to protec t the public health and safety and the
environment of this state, the Board, pursuant to the Oklahoma
Concentrated Animal Feed ing 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 which:
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 an y
state or federal agency relating to animal feeding o perations; or
2. Has evidenced a reckless disregard for the protection 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 confo rmity with the rules of the
Board governing Administrative Procedures and the Administrative
Procedures Act.
SECTION 3. This act shall become effective November 1, 2024. ENR. H. B. NO. 3756 Page 4
Passed the House of Representatives the 14th day of February,
2024.
Presiding Officer of the House
of Representatives
Passed the Senate the 16th day of April, 2024.
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 Ok lahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________