1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 488 By: Howard
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Wheat Resources Act;
7 amending 2 O.S. 2021, Section 18-308, which relates
8 to assessment and allocation of certain fee;
8 requiring the Oklahoma Wheat Commission to assess a
9 certain fee; amending 2 O.S. 2021, Section 18-309,
9 which relates to the referendum to determine
10 continuation of certain fee; modifying certain
10 referendum question; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 2 O.S. 2021, Section 18-308, is
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15 amended to read as follows:
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16 Section 18-308. A. There is hereby assessed The Oklahoma Wheat
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17 Commission shall assess a fee of two cents ($0.02) per bushel upon
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18 all wheat marketed by wheat producers in this state and sold through
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19 commercial channels. The fee is assessed and imposed on the
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20 producer at the time of sale or delivery, and shall be collected and
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21 remitted by the first purchaser to the Oklahoma Wheat Commission.
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22 Under the provisions of the Oklahoma Wheat Resources Act, no wheat
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23 shall be subject to a fee more than once.
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 1 B. The Commission shall allocate twenty percent (20%) of the
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2 two-cent fee levied and collected pursuant to subsection A of this
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3 section to the Oklahoma Wheat Research Foundation for the purpose of
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4 conducting wheat research, including, but not limited to,
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5 utilization and educational projects, less the cost of collecting
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6 the fee, such cost not to exceed fifty percent (50%) of the total of
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7 the office rental and clerical costs, and the costs of supplies and
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8 postage and such cost to be prorated on the basis of eighty percent
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9 (80%) to the Commission and twenty percent (20%) to the Oklahoma
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10 Wheat Research Foundation.
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11 C. In order for the Oklahoma Wheat Research Foundation to
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12 qualify for the allocation of twenty percent (20%) of collected
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13 fees, the Commission shall appoint a member of the Oklahoma Wheat
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14 Commission to the Oklahoma Wheat Research Foundation board of
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15 directors.
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16 D. Any unexpended balance contained in the revolving fund
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17 designated for the Wheat Utilization, Research and Market
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18 Development Commission as of November 1, 2016, shall be transferred
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19 and deposited to the credit of the General Revenue Fund of the State
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20 Treasury.
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21 SECTION 2. AMENDATORY 2 O.S. 2021, Section 18-309, is
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22 amended to read as follows:
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23 Section 18-309. A. Producers may petition for a referendum at
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24 any time after five (5) years following the effective date of the
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 1 Oklahoma Wheat Resources Act to determine if the assessment is to be
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2 continued.
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3 B. The President of the State Board of Agriculture shall call
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4 and conduct a referendum if the petitions bear signatures of ten
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5 percent (10%) of the wheat producers. No more than one such
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6 referendum shall be conducted in any one thirty-six-month period.
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7 The State Board of Agriculture shall determine if the petition bears
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8 the required number of valid signatures. The President shall
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9 announce the referendum at least thirty (30) days prior to the day
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10 of voting. At least thirty (30) days before the referendum, the
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11 President shall mail a notice of the referendum to all known wheat
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12 producers in the State of Oklahoma who market wheat in commercial
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13 quantities. The notice shall specify the dates, times, and places
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14 for holding the referendum. The notice shall also include a sample
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15 ballot with the following wording:
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16 DO YOU FAVOR A CONTINUATION OF THE 20 MILL PER BUSHEL FEE
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17 ASSESSMENT ON WHEAT MARKETED IN OKLAHOMA FOR UTILIZATION,
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18 RESEARCH AND MARKET DEVELOPMENT?
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19 YES ( ) NO ( )
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20 C. Places within each county for conducting the referendum
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21 shall be designated by the Agricultural Extension Division of
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22 Oklahoma State University. Voting in each county shall be
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23 supervised by the county agricultural extension agent, or a person
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 1 designated by the Extension Division in cases where there is no
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2 county agent in a county at the time of the referendum.
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3 D. The Oklahoma Wheat Commission shall ensure sufficient
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4 ballots and supplies necessary for conducting the voting and the
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5 tabulation of returns.
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6 E. Certified results of the referendum in each county shall be
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7 transmitted within twenty-four (24) hours after voting ends to the
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8 President of the State Board of Agriculture. The ballots shall be
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9 transmitted to the President within forty-eight (48) hours. Ballots
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10 shall be preserved by the President for a period of at least three
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11 (3) months.
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12 F. The results of the referendum shall be determined by the
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13 President and the results certified to the Governor, who shall issue
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14 a proclamation declaring the results.
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15 G. The Commission shall bear expenses of advertising and
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16 conducting the referendum.
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17 H. Whenever the question of levying the assessments is
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18 disapproved, by failure of sixty percent (60%) of the producers
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19 voting in the referendum to favor continuation of the assessments,
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20 the proclamation declaring the result shall provide for the
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21 termination of the assessments on April 30, following the date of
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22 the referendum.
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23 I. Thirty (30) days after termination of the assessment, all
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24 remaining funds of the Commission shall be transferred to the
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 1 Experiment Stations of Oklahoma State University, to be used for
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2 continued research on wheat.
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3 SECTION 3. This act shall become effective November 1, 2023.
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5 59-1-662 JES 1/17/2023 2:45:24 PM
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