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LEGISLATIVE UPDATES

 

 SB 1033 Senator John Sparks - Representative Don Armes

Creates a misdemeanor for persons from wrongfully injuring or removing any cervidae on the premises of a farmed cervidae facility, punishable by up to one year in the county jail.  It establishes the fines for trespassing at not less than $500 nor more than $1,500 for a first offense and from a fine of not less than $1,500 nor more than $2,500 for a second or subsequent offense.  It also increases the minimum fine for willfully or maliciously entering onto another's land to commit waste, theft or damage from $50 to $250. It creates an affirmative defense against trespassing charges when the accused reasonably believed they were on property for which they had permission to be on while the accused was on adjoining property.

Approved by Governor

 

HB 1482 Representative Dale DeWitt - Senator Ron Justice

Prohibits actions for nuisance from being brought against agricultural activities on farm or ranch land that has lawfully been in operation for 2 years or more prior to the action.  It allows a defendant to recover the aggregate amount of costs and expenses reasonably incurred in connection with defending an action for nuisance in which agricultural activities are alleged to be a nuisance. It stipulates that the bill does not relieve agricultural activities of the duty to abide by state and federal laws, including, but not limited to, the Oklahoma Concentrated Animal Feeding Operations Act and the Oklahoma Registered Poultry Feeding Operations Act.

Approved by Governor

 

HB2154 Representative Don Armes - Senator Mike Schulz

Increases from $1,500 to $2,500 the minimum fine for taking or attempting to take wildlife or cervidae from a commercial hunting facility without permission.  It also increases the maximum fine from $5,000 to $10,000.  It also clarifies the definition of "actual damages" under the Oklahoma Farmed Cervidae Act, stating that it includes but is not limited to, damages to real or personal property wherein the person willfully entering a licensed facility hunts, shoots, shoots at, kills, attempts to kill, disturbs, hazes, takes or attempts to take any personal property of the owner without permission from the owner.

Approved by Governor

 

HB2158 Representative Don Armes - Senator Mike Schulz

Authorizes the Dept. of Ag. to issue a permit to a person who holds a big game commercial hunting license issued to engage in the management of depredating animals by use of aircraft only on land listed in the commercial hunting area license.  It requires the pilot in any hunt to maintain a log available for inspection by the department.  The bill provides information to be included on applications and authorizes the department to make a license determination.  It also establishes notification requirements.  It sets annual licensing fees of $200 and punishments for violations that include a fine of not less than $500 and/or by imprisonment in the county jail not to exceed 60 days.  it states violations will result in permit revocation and that no new permit will be issued for six months from and after the date of the revocation order.  It authorizes the assessment of an administrative penalty by the department of not more than $10,000 per day of noncompliance, and it authorizes the department to pursue an action for injunctive relief granted by a district court.  It directs the department to promulgate emergency rules including the authority to set fees, application procedures and any other necessary administrative rules.

Approved by Governor