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SENATE FLOOR VERSION
February 13, 2023
SENATE BILL NO. 488 By: Howard
An Act relating to the Oklahoma Wheat Resourc es Act;
amending 2 O.S. 2021, Section 18 -308, which relates
to assessment and allocation of certain fee;
requiring the Oklahoma Wheat Commission to assess a
certain fee; amending 2 O.S. 2021, Section 18 -309,
which relates to the referendum to determine
continuation of certain fee; modifying certa in
referendum question; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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
Commission 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 alloc ate twenty percent (20%) of the
two-cent fee levied and collected pursuant to subsec tion A of this
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section to the Oklahoma Wheat Research Foundation for the purpose of
conducting wheat research, including, but not limited to,
utilization and educational pr ojects, 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 Foundation to
qualify for the alloc ation of twenty percent (20%) of collected
fees, the Commission shall appoin t a member of the Oklah oma 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 Nove mber 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, Section 18-309, is
amended to read as follows:
Section 18-309. A. Producers may petition for a referen dum at
any time after five (5) years following the effective date of the
Oklahoma Wheat Resources Act to determine if the assessment is to be
continued.
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B. The President of the State Board of Agriculture shall call
and conduct a referendum if the petition s bear signatures of ten
percent (10%) of the wheat producers. No more than one suc h
referendum shall be conducted in any one thirty -six-month period.
The State Board of Agriculture shall determine if the petition bears
the required number of valid signa tures. The President shall
announce the referendum at least thirty (30) days prior to the day
of voting. At least thirty (30) days before the referendum, th e
President shall mail a notice of the referendum to all known wheat
producers in the State of Okl ahoma who market wheat in commercial
quantities. The notice shall specify the dates , times, and places
for holding the referendum. The notice shall also inc lude a sample
ballot with the following wording:
DO YOU FAVOR A CONTINUATION OF THE 20 MILL PER BUSHEL FEE
ASSESSMENT ON WHEAT MARKETED IN OKLAHOMA FOR UTILIZATION,
RESEARCH AND MARKET DEVELOPMENT?
YES ( ) NO ( )
C. Places within each county for conducting th e referendum
shall be designated by the Agricultural Extension Division of
Oklahoma State University. 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 the re is no
county agent in a county at the time of the referendum.
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D. The Oklahoma Wheat Commis sion shall ensure sufficient
ballots and supplies necessary for conducting the votin g and the
tabulation of returns.
E. Certified results of the referendum in ea ch county shall be
transmitted within twenty -four (24) hours after voting ends to the
President of the State Board of Agriculture. The ballots shall be
transmitted to the Presid ent within forty-eight (48) hours. Ballots
shall be preserved by the Presiden t for a period of at least three
(3) months.
F. The results of the referendum shall be determ ined by the
President and the results certified to the Governor, who shall issue
a proclamation declaring the results.
G. The Commission shall bear expenses of a dvertising 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 declaring the result shall provide for the
termination of the assessments on April 30, following the dat e of
the referendum.
I. Thirty (30) days after termination of the assessment, all
remaining funds of the Commission shall be transferred to the
Experiment Stations of Oklahoma State University, to be used for
continued research on wheat.
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SECTION 3. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: CO MMITTEE ON AGRICULTURE AND RURAL AFFAIRS
February 13, 2023 - DO PASS