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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
ENGROSSED SENATE
BILL NO. 1442 By: Hamilton of the Senate
and
West (Rick) of the House
An Act relating to the Oklahoma Poultry Waste
Applicators Certification Act; amending 2 O.S. 2021,
Section 10-9.17, which relates to certificate
requirements; updating statutory references;
modifying elements of certificates; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 10 -9.17, is
amended to read as follows:
Section 10-9.17. A. It shall be unlawful and a misdemeanor
punishable by a fine of not more than Five Thousand Dollars
($5,000.00) for any person to act, operate, or do business or
advertise as a commercial poultry waste applicator or to l and-apply
poultry waste as a private poultry waste applicator unless such
person has obtained a vali d applicator’s certificate issued by the
State Board of Agriculture Oklahoma Department of Agriculture, Food,
and Forestry.
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B. Applicator’s certificates shall be issued by the Board,
Department to applicants who qualify under the provisions of the
Oklahoma Poultry Waste Applicators Certification Act.
C. Certificates shall be issued only upon application therefor
to the Board Department on a form of applicat ion prescribed by the
Board Department. The application shall contain information
regarding the applicant’s qualifications and proposed operations and
such other information as may be specified by the Board Department.
D. A certificate shall be issued on ly after satisfactory
completion of such certification standards as determined by the
Board Department.
E. 1. All The Department shall issue a commercial applicator
certificates shall expire on the thirty -first day of December
following their issuance or renewal, and may be renewed for the
ensuing calendar year, without penalty, certificate for a five -year
period if a properly completed application is fil ed with the Board
Department not later than the first day of January of each year the
subsequent five-year period. A registration fee of Fifteen Dollars
($15.00) Seventy-Five Dollars ($75.00) shall accompany every initial
and renewal application for certi fication. A renewal fee of Fifteen
Dollars ($15.00) shall accompany every renewal application.
2. All The Department shall issue a private applicator
certificates shall be in effect for five (5) years and may be
renewed by certificate for a five -year period if a properly
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completed application is filed with the Department not later than
the first day of January of the subsequent five -year period. A
registration fee of Fifteen Dollars ($15.00) shall accompany every
initial and renewal application for certi fication. A renewal fee of
Fifteen Dollars ($15.00) shall accompany every renewal application.
The Fifteen Dollar ($15.00) registration and renewal fee shall be
waived if the private applicator is als o registered pursuant to the
Oklahoma Registered Poult ry Feeding Operations Act.
3. The Department shall issue all certificates for five -year
periods beginning January 1, 2025 , and expiring on December 31,
2029, followed by successive five -year periods.
4. All such fees shall be deposited in the Agriculture
Regulation Revolving Fund to be used for the purpose of implementing
the provisions of the Oklahoma R egistered Poultry Feeding Operations
Act and the Oklahoma Poultry Waste Applicators Certification Ac t.
F. Any person issued an applicator ’s certificate shall comply
with the education provisions of subsection F of Section 10 -9.5 of
this title.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE , dated 04/02/2024 - DO
PASS.