reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-61. Notice to adjoining property owners of harvesting operations.

A. 1. Any timber owner involved in a logging or timber harvesting operation shall clearly mark any established property lines which are within one hundred (100) feet of the area to be cut.
2. If there is no established property line, the timber owner authorizing the logging or timber harvesting operation shall send by certified mail, return receipt requested, written notice of the logging or timber harvesting operation to the owner of record in the office of the county assessor or records of the county treasurer of any real property adjoining the cutting area at least ten (10) days prior to the commencement of the operation.
3. If the timber owner is unable to ascertain the address of the legal residence of the owner of record as recorded in the office of the county assessor or records of the county treasurer of any real property adjoining the cutting area, notice of the logging or timber harvesting operation shall be given by publication. The notice shall be published once in a newspaper of general circulation in the county in which the operation is to occur specifying the owner of the property and the legal description. The notice shall be published at least ten (10) days prior to commencement of the operation.
B. If the timber owner fails to clearly mark any established property lines or fails to mail or publish any notice to the abutting real property owners as required by this section and, as a result of that failure, timber is harvested or other damage occurs on any abutting real property without the consent of the owner, the timber owner shall be liable in damages pursuant to Section 72 of Title 23 of the Oklahoma Statutes to the owner of the abutting real property.
C. The provisions of this section shall not relieve the owner of the real property on which the timber is located from liability pursuant to Section 72 of Title 23 of the Oklahoma Statutes for failing to clearly mark or mismarking any property lines required by this section.
Added by Laws 1995, c. 238, § 4, eff. Nov. 1, 1995. Amended by Laws 2001, c. 113, § 43, emerg. eff. April 18, 2001. Renumbered from § 1301-310.1 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-62. Failure to notify adjoining property owners of harvesting operations - Criminal penalties.

A. Except as provided by this section, a timber owner who fails to ensure that the requirements of subsection A of Section 16-61 of this title have been fulfilled and who negligently authorizes or directs a logging or timber harvesting operation upon the lands of another, and cuts down, injures, removes, or destroys any timber without the permission of the owner is guilty, upon conviction, of a misdemeanor, punishable by the imposition of a fine of not more than One Thousand Dollars ($1,000.00), by imprisonment in the county jail for not more than thirty (30) days, or by both.
B. Except as provided by this section any person who negligently enters upon the lands of another and cuts down, injures, removes, or destroys any timber without the permission of the owner is guilty, upon conviction, of a misdemeanor, punishable by the imposition of a fine of not more than One Thousand Dollars ($1,000.00), by imprisonment in the county jail for not more than thirty (30) days, or by both.
Added by Laws 1995, c. 238, § 5, eff. Nov. 1, 1995. Amended by Laws 2001, c. 113, § 44, emerg. eff. April 18, 2001. Renumbered from § 1301-310.2 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-63. Fraudulent sales of timber – Failure to pay full price - Criminal penalties.

A. It shall be unlawful for any person willingly, knowingly, or fraudulently to represent, make, issue, deliver, use or submit, or to participate in representing, making, issuing, delivering, using, or submitting any fictitious, false or fraudulent offer, agreement, contract, or other instrument concerning:
1. The sale of timber or the right to cut or harvest or remove timber from a site or from real property not owned or leased by that person; or
2. The sale of timber or the right to cut or harvest or remove timber that is not owned by that person.
B. It shall be unlawful for a timber owner to, knowingly or with intent to defraud, fail to pay in a timely manner the applicable owners the full price of all the purchased timber.
1. A timber owner acts with intent to defraud if the timber owner disperses, uses, or diverts money with the intent to deprive an owner of the purchase money.
2. Unless otherwise agreed to in writing, a timber owner is presumed to have acted with intent to defraud if the timber owner does not pay all applicable owners for the purchase price of the timber not later than forty-five (45) calendar days after the date the timber owner collects money for the timber.
C. Any person convicted of violating the provisions of this section shall be guilty of:
1. A felony if the timber to be sold or right to cut or harvest the timber pursuant to subsection A of this section is valued at more than Two Hundred Dollars ($200.00). Upon conviction the person shall be subject to the imposition of a fine of not more than Ten Thousand Dollars ($10,000.00), or by imprisonment in the State Penitentiary for not more than five (5) years, or to both; or
2. A misdemeanor if the timber to be sold or right to cut or harvest the timber pursuant to subsection A of this section is valued at Two Hundred Dollars ($200.00) or less. Upon conviction the person shall be subject to the imposition of a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail not to exceed one (1) year, or to both.
Added by Laws 1995, c. 238, § 6, eff. Nov. 1, 1995. Amended by Laws 1997, c. 133, § 103, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 39, eff. July 1, 1999; Laws 2001, c. 113, § 45, emerg. eff. April 18, 2001. Renumbered from § 1301-310.3 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001. Amended by Laws 2002, c. 173, § 13, emerg. eff. May 6, 2002.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 103 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-64. Documentation to be maintained by harvesters.

A. Except as provided by subsection B of this section, any owner or operator of a logging or timber harvesting operation shall maintain at all times during the operation, for inspection purposes by law enforcement personnel, a written bill of sale, timber deed or timber contract, recording memorandum, or written consent of the timber owner for the timber being harvested.
B. The provisions of subsection A of this section shall not apply to any owner or operator of a logging or timber harvesting operation if a timber deed, written bill of sale or timber contract or written consent, recording or memorandum is recorded in the records of the county clerk of the county in which the timber is harvested or to be harvested.
C. Any deed, written bill of sale, contract, or written consent for logging or timber harvesting operation pursuant to this section shall include:
1. A description of the timber to be removed;
2. The date of execution and expiration of the contract or consent, bill of sale, or deed;
3. The name and address of the timber owner and the timber purchaser; and
4. The legal description of the real property where the timber is harvested.
D. Any written bill of sale, timber deed or timber contract, recording memorandum, or written consent of the timber owner required by subsection A of this section shall be preserved by the owner or operator of a logging or timber harvesting operation for at least a period of three (3) years.
Added by Laws 1995, c. 238, § 7, eff. Nov. 1, 1995. Amended by Laws 1996, c. 26, § 1, emerg. eff. April 3, 1996; Laws 2001, c. 113, § 46, emerg. eff. April 18, 2001. Renumbered from § 1301-310.4 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-65. Evidence of ownership to be required by timber purchasers.

A. 1. Except as provided by this section, it shall be the duty of any sawmill owner or operator or other person purchasing timber for resale, from a timber owner or owner or operator of a logging or timber harvesting operation to obtain from the timber owner or owner or operator of a logging or timber harvesting operation a bill of sale for the same or other evidence of ownership which shall be preserved by the purchaser for a period of three (3) years and shall be available for inspection by law enforcement personnel.
2. The bill of sale shall include:
a.
the name and address of the seller and purchaser,
b.
a legal description of the land from which the timber was harvested,
c.
a description of timber delivered,
d.
the date delivered,
e.
the printed name of the person delivering the timber, and
f.
the date and signature of the person delivering the timber with language declaring ownership of the timber or naming the person to whom the person delivering the timber is an agent.
B. In lieu of the bill of sale required by subsection A of this section, the purchaser may provide for proof of timber ownership through a written purchase contract which provides language declaring ownership of timber delivered for purchase to the purchaser by the timber owner. The declaration shall be signed by the timber owner or by a designee pursuant to a written authorization signed by the timber owner. The written authorization shall be retained by the designee.
Added by Laws 1995, c. 238, § 8, eff. Nov. 1, 1995. Amended by Laws 1996, c. 26, § 2, emerg. eff. April 3, 1996; Laws 2001, c. 113, § 47, emerg. eff. April 18, 2001. Renumbered from § 1301-310.5 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-66. Use of false identification or declaration of ownership - Criminal penalties.

Any person selling timber who uses false or altered identification or a false declaration of ownership, pursuant to the provisions of Section 16-65 of this title, upon conviction, shall be guilty of:
1. A felony if the timber to be sold by use of a false or altered identification or false declaration of ownership is valued at more than Two Hundred Dollars ($200.00). Upon conviction, a person shall be subject to the imposition of a fine of not more than Ten Thousand Dollars ($10,000.00), imprisonment in the State Penitentiary for not more than five (5) years, or both; or
2. A misdemeanor if the timber to be sold by use of a false or altered identification or false declaration of ownership is valued at Two Hundred Dollars ($200.00) or less. Upon conviction, a person shall be subject to the imposition of a fine of not more than One Thousand Dollars ($1,000.00), imprisonment in the county jail not to exceed one (1) year, or both.
Added by Laws 1995, c. 238, § 9, eff. Nov. 1, 1995. Amended by Laws 1997, c. 133, § 104, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 40, eff. July 1, 1999; Laws 2001, c. 113, § 48, emerg. eff. April 18, 2001. Renumbered from § 1301-310.6 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 104 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-67. Forestry in schools - Rangers and teachers to cooperate.

A. It shall be the duty of all forest rangers to distribute in all of the public schools and high schools of the county in which they are serving all the books, periodicals, and other literature that may, from time to time, be sent out to the rangers by the state and federal forestry agencies dealing with forest conservation, development, protection, and management.
B. It shall be the duty of the various rangers under the direction of the Director, and the duty of the teachers of the various schools, both public schools and high schools, to post at some conspicuous place in the various classrooms of the school buildings the appropriate bulletins and posters as may be sent out from the forestry agencies for that purpose; and the teachers and rangers may prepare lectures or talks to be made to the pupils of the various schools on the subject of forest fires, their origin and their destructive effect on the plant life and tree life of the forests of the state, the development and scientific management of the forests of the state, and may be prepared to give practical instruction to their pupils as often as they may find it possible to do so.
Added by Laws 1971, c. 349, § 311, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 49, emerg. eff. April 18, 2001. Renumbered from § 1301-311 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-68. Arbor Week.

The last full week in March of each year shall be known throughout Oklahoma as Arbor Week.
Added by Laws 1971, c. 349, § 312, emerg. eff. June 24, 1971. Amended by Laws 1982, c. 40, § 1, emerg. eff. March 26, 1982. Renumbered from § 1301-312 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-69. State tree - Redbud.

The redbud tree shall be adopted and the same be made the official tree of this state.
Added by Laws 1971, c. 349, § 313, emerg. eff. June 24, 1971. Renumbered from § 1301-313 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-70. Management to be for public interest.

All state forests, all programs in management, nursery production, reforestation, urban forestry, educational activities, and other forestry endeavors of the Forestry Division shall be managed and administered by the State Board of Agriculture in the interest of the public. If the public interests are not already safeguarded and clearly defined by law or by rules adopted by the state agencies authorized by law to administer the lands, or in the papers formally transferring the projects to the Board for administration, then, and in that event, the Board may promulgate rules defining the purpose of the project.
Added by Laws 1971, c. 349, § 314, emerg. eff. June 24, 1971. Amended by Laws 2001, c. 113, § 50, emerg. eff. April 18, 2001. Renumbered from § 1301-314 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-71.1. Oklahoma Limitation of Liability for Farming and Ranching Land Act – Purpose – Definitions – Applicability of act to land used for purposes other than farming and ranching.

A. Sections 16-71.1 through 16-71.7 of this title shall be known and may be cited as the "Oklahoma Limitation of Liability for Farming and Ranching Land Act".
B. The purpose of the Oklahoma Limitation of Liability for Farming and Ranching Land Act is to encourage owners of farming and ranching lands to make such land available for recreational purposes by limiting their liability to persons entering or using the farm and ranch land and to third persons who may be damaged by the acts or omissions of persons entering upon or using these lands.
C. As used in the Oklahoma Limitation of Liability for Farming and Ranching Land Act:
1. "Land" means land which is used for farming, ranching activities and recreational purposes, as defined in this section, including, but not limited to, roads, water, watercourses, private ways, buildings, structures, and machinery or equipment when attached to realty which is used primarily for farming or ranching activities;
2. "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises but shall not include a tenant, lessee, occupant or person in control of the premises who is engaging in any recreational purpose described in paragraph 3 of this subsection; and
3. "Recreational purpose" includes any of the following, or any combination thereof: hunting, fishing, wildlife and ecological viewing or photography, recreational farming and ranching activities, swimming, boating, camping, picnicking, hiking, pleasure driving, jogging, cycling, other similar events and activities, nature study, water skiing, winter sports, jet skiing, viewing or enjoying historical, archaeological, scenic, or scientific sites and aviation, including fly-ins at private airports.
D. The Oklahoma Limitation of Liability for Farming and Ranching Land Act shall not apply to any land that is used for purposes other than farming and ranching. Such land shall be governed by Section 10.1 of Title 76 of the Oklahoma Statutes.
Added by Laws 1965, c. 384, § 1, emerg. eff. June 30, 1965. Amended by Laws 2004, c. 368, § 26, eff. Nov. 1, 2004. Renumbered from § 10 of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004. Amended by Laws 2013, c. 236, § 1, eff. Nov. 1, 2013; Laws 2018, c. 42, § 1 and Laws 2018, c. 198, § 1, eff. Nov. 1, 2018.
NOTE: Laws 2018, c. 42, § 1 and Laws 2018, c. 198, § 1 made identical amendments to this section.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-71.2. Entry upon farm or ranch lands for recreational purposes - Duty of owner.

Except as specifically recognized by or provided in Section 16-71.5 of this title, an owner who provides the public with land for recreational purposes which is used primarily for farming or ranching activities owes no duty of care to keep the land safe for entry or use by others for recreational purposes, or to give any warning of a dangerous or hazardous condition, use, structure, or activity on such land to persons entering or using the land for such purposes.
Added by Laws 1965, c. 384, § 2, emerg. eff. June 30, 1965. Amended by Laws 2004, c. 368, § 27, eff. Nov. 1, 2004. Renumbered from § 11 of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004. Amended by Laws 2018, c. 42, § 2 and Laws 2018, c. 198, § 2, eff. Nov. 1, 2018.
NOTE: Laws 2018, c. 42, § 2 and Laws 2018, c. 198, § 2 made identical amendments to this section.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-71.3. Entry upon or use of land for recreational purposes - Liability of owner – Applicability of section to state or other governmental unit.

A. Except as specifically recognized by or provided in Section 16-71.5 of this title, an owner of land which is used primarily for farming or ranching activities, who either directly or indirectly invites or permits, under the circumstance described in subsection B of Section 16-71.1 of this title, any person to enter or use such land for recreational purposes, does not:
1. Extend any assurance that the premises are safe for any purpose;
2. Incur any duty of care toward a person who enters or uses the land; or
3. Assume responsibility or incur liability for any injury to person or property caused by an act or omission of such persons.
B. This section applies whether the person entering, or using the land is an invitee, licensee, or otherwise.
C. This section does not affect the liability of an insurer or insurance plan in an action under the Insurance Code, or an action for bad faith conduct, breach of fiduciary duty, or negligent failure to settle a claim.
D. This section shall not apply to the state or other governmental unit.
Added by Laws 1965, c. 384, § 3, emerg. eff. June 30, 1965. Amended by Laws 1967, c. 368, § 1, emerg. eff. May 22, 1967; Laws 2004, c. 368, § 28, eff. Nov. 1, 2004. Renumbered from § 12 of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004. Amended by Laws 2018, c. 42, § 3 and Laws 2018, c. 198, § 3, eff. Nov. 1, 2018.
NOTE: Laws 2018, c. 42, § 3 and Laws 2018, c. 198, § 3 made identical amendments to this section.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-71.4. Applicability of Sections 16-71.2 and 16-71.3 to duties and liability of owner.

Unless otherwise agreed in writing, the provisions of Sections 16-71.2 and 16-71.3 of this title shall be deemed applicable to the duties and liability of an owner of land which is used primarily for farming or ranching activities, is on or adjoins land entered upon the National Register of Historic Places and for which an easement has been granted to the Oklahoma Historical Society, or is leased to the state or any subdivision thereof for recreational purposes.
Added by Laws 1965, c. 384, § 4, emerg. eff. June 30, 1965. Amended by Laws 1994, c. 38, § 1, emerg. eff. April 11, 1994; Laws 2004, c. 368, § 29, eff. Nov. 1, 2004. Renumbered from § 13 of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004. Amended by Laws 2018, c. 42, § 4 and Laws 2018, c. 198, § 4, eff. Nov. 1, 2018.
NOTE: Laws 2018, c. 42, § 4 and Laws 2018, c. 198, § 4 made identical amendments to this section.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-71.5. Liability not limited by act.

Nothing in the Oklahoma Limitation of Liability for Farming and Ranching Land Act limits in any way any liability which otherwise exists for want of ordinary care or for deliberate, willful, or malicious injury or failure to guard or warn against a dangerous or hazardous condition, use, structure, or activity.
Added by Laws 1965, c. 384, § 5, emerg. eff. June 30, 1965. Amended by Laws 2004, c. 368, § 30, eff. Nov. 1, 2004. Renumbered from § 14 of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004. Amended by Laws 2018, c. 42, § 5 and Laws 2018, c. 198, § 5, eff. Nov. 1, 2018.
NOTE: Laws 2018, c. 42, § 5 and Laws 2018, c. 198, § 5 made identical amendments to this section.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-71.6. Duty of care or ground of liability not created – Persons entering or using lands not relieved of duty of care – Release or waiver binding.

A. Nothing in the Oklahoma Limitation of Liability for Farming and Ranching Land Act shall be construed to:
1. Create a duty of care or ground of liability for injury to persons or property; or
2. Relieve any person entering or using the land of another for recreational purposes from any obligation which such person may have in the absence of the Oklahoma Limitation of Liability for Farming and Ranching Land Act to exercise care in the use of such land and in the activities thereon, or from the legal consequences of failure to employ such care.
B. 1. No person who has executed a written release of liability or a waiver to sue may maintain an action against or recover damages from a land owner in contravention of the release or waiver for any personal injury or injury to property. The terms of the executed release or waiver shall be binding upon the person signing the document. The provisions of this subsection shall apply regardless of the amount charged per acre for a recreational activity.
2. A release or waiver executed pursuant to this subsection shall not limit the liability of a land owner for willful or wanton acts of negligence or gross negligence.
Added by Laws 1965, c. 384, § 6, emerg. eff. June 30, 1965. Amended by Laws 2004, c. 368, § 31, eff. Nov. 1, 2004. Renumbered from § 15 of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-71.7. Agricultural land - Trespass - Duty owed.

A. An owner, lessee, or other occupant of agricultural land:
1. Does not owe a duty of care to a trespasser on the land; and
2. Is not liable for any injury to a trespasser, except for willful or wanton acts of negligence or gross negligence by the owner, lessee, or other occupant of the land.
B. Agricultural land is defined as any real property that is used in production of plants, fruits, wood, or farm or ranch animals to be sold off the premises.
Added by Laws 1991, c. 231, § 14, eff. Sept. 1, 1991. Amended by Laws 2004, c. 368, § 32, eff. Nov. 1, 2004. Renumbered from § 15.1 of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-72. Expansion of statewide fire protection program - Support and operation of fire departments and fire districts.

The Department of Agriculture is directed to expand the present statewide fire protection program and is authorized to acquire federal excess property for the support and operation of fire departments and fire districts.
Added by Laws 1982, c. 347, § 8, emerg. eff. June 2, 1982. Amended by Laws 2001, c. 113, § 52, emerg. eff. April 18, 2001. Renumbered from § 1301-316 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-81. Volunteer Firefighter Employer Contribution Payment Revolving Fund.

There is created in the State Treasury a revolving fund for the Oklahoma Department of Agriculture to be designated the "Volunteer Firefighter Employer Contribution Payment Revolving Fund". The revolving fund shall be subject to legislative appropriation and shall consist of all monies transferred to the fund and any other monies designated for deposit to this revolving fund pursuant to law.
Added by Laws 1998, c. 393, § 1, eff. Sept. 1, 1998. Amended by Laws 2001, c. 113, § 55, emerg. eff. April 18, 2001. Renumbered from § 1301-501 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-82. Transfer of payments to Oklahoma Firefighters Pension and Retirement System.

A. The Oklahoma Firefighters Pension and Retirement System shall determine the number of persons who are eligible members of the Oklahoma Firefighters Pension and Retirement System pursuant to the provisions of subsection D of Section 351 of Title 19 of the Oklahoma Statutes.
B. For each person who has become a member as described by subsection A of this section, the Oklahoma Firefighters Pension and Retirement System shall provide invoice documentation to the State Department of Agriculture. Upon adequate documentation of membership in the Oklahoma Firefighters Pension and Retirement System pursuant to the provisions of subsection D of Section 351 of Title 19 of the Oklahoma Statutes, the State Department of Agriculture shall make a transfer payment from the Volunteer Firefighter Employer Contribution Payment Revolving Fund to the Oklahoma Firefighters Pension and Retirement System by May 31, 1999, and May 31 of every year thereafter. The amount transferred shall equal the sum of Sixty Dollars ($60.00) multiplied by the number of members as certified by the System to the Department.
Added by Laws 1998, c. 393, § 3, eff. Sept. 1, 1998. Amended by Laws 1999, c. 231, § 4, emerg. eff. May 26, 1999. Renumbered from § 1301-502 of this title by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-16-83. Rural Fire Equipment Grant Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Agriculture, Food, and Forestry to be designated the "Rural Fire Equipment Grant Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Oklahoma Department of Agriculture, Food, and Forestry and designated for deposit thereto. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Department of Agriculture, Food, and Forestry for the purpose of purchasing and repairing equipment used by rural fire departments for firefighting efforts. The Oklahoma Department of Agriculture, Food, and Forestry shall work with the Rural Fire Coordinators to establish suitable criteria for application and approval of grants awarded to rural fire departments from said fund. Priority of grants awarded from said fund shall be given to rural fire departments which suffered damaged equipment from wildfire suppression efforts related to drought-related fires and fire control. The activities associated with the duties of said fund shall be known as the "Rural Fire Equipment Grant Program". Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2006, c. 17 § 3, emerg. eff. April 4, 2006. Amended by Laws 2012, c. 304, § 13.
NOTE: Codified pursuant to State of Oklahoma's request.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-1. Title of act.

This act shall be known and may be cited as the “Cooperative Marketing Association Act”.
Added by Laws 1937, p. 260, § 1. Amended by Laws 2001, c. 38, § 1, eff. Nov. 1, 2001. Renumbered from § 361 of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-2. Declaration of legislative intent.

The purpose of the Cooperative Marketing Association Act is to promote, foster, and encourage the intelligent handling, processing, and orderly marketing of agricultural products and the organization and incorporation of cooperative marketing associations of agricultural producers. It is the declared policy of this state that the Cooperative Marketing Association Act be liberally construed.
Added by Laws 1937, p. 260, § 2. Amended by Laws 2001, c. 38, § 2, eff. Nov. 1, 2001. Renumbered from § 361a of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-3. Definitions.

A. As used in the Cooperative Marketing Association Act:
1. “Agricultural products" includes horticultural, viticultural, nut, dairy, livestock, poultry, bee, and any other farm products;
2. “Member" means, in addition to those admitted to membership in an association without capital stock, holders of common stock in associations organized with capital stock;
3. “Association" means any corporation organized pursuant to the Cooperative Marketing Association Act or any similar corporation organized under any general or special act of this or any other state as a cooperative association, for the mutual benefit of its members, as agricultural producers, in which the return on the stock or membership capital is limited to an amount not to exceed eight percent (8%) per annum, and which during any fiscal year does not deal with nonmembers' products to an amount greater in value than members' products; and
4. “Person" includes individuals, partnerships, firms, corporations, associations, trusts, estates, limited liability companies and any other legal entities recognized to do business in Oklahoma.
B. Associations organized pursuant to the Cooperative Marketing Association Act shall be deemed nonprofit, inasmuch as they are not organized to make profit for themselves, nor for their members, but only for their members as producers or users of products purchased.
Added by Laws 1937, p. 261, § 3. Amended by Laws 2001, c. 38, § 3, eff. Nov. 1, 2001. Renumbered from § 361b of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-4. Persons who may organize associations.

Five or more natural persons of full age, engaged in the production of agricultural products either as tenants or landlords, who are residents of this state or any other, or two or more cooperative associations, organized under the laws of this state or any other, may form a nonprofit cooperative association with or without capital stock, pursuant to the provisions of the Cooperative Marketing Association Act.
Added by Laws 1937, p. 261, § 4. Amended by Laws 2001, c. 38, § 4, eff. Nov. 1, 2001. Renumbered from § 361c of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-5. Purposes and objects for which associations may be organized.

An association may be organized pursuant to the Cooperative Marketing Association Act to engage in any activity in connection with:
1. The marketing or selling of agricultural products;
2. The harvesting, preserving, drying, processing, blending, canning, packing, grading, storing, warehousing, handling, shipping, or utilizing of agricultural products;
3. The manufacturing, marketing, selling or supplying of the byproducts thereof;
4. The manufacturing, selling, or supplying of machinery, equipment, feed, fertilizer, seeds, or buying and selling oil, gasoline, or other supplies;
5. The financing of any of the enumerated activities specified by this section;
6. The performing or furnishing business or educational services on a cooperative basis for those engaged in agriculture as bona fide producers of agricultural products; or
7. Any one or more of the activities specified in this section.
Added by Laws 1937, p. 261, § 5. Amended by Laws 2001, c. 38, § 5, eff. Nov. 1, 2001. Renumbered from § 361d of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-7. Articles of Incorporation - Contents - Execution, acknowledgment and filing - Evidence.

A. The incorporators of an association to be formed pursuant to the Cooperative Marketing Association Act must prepare and file Articles of Incorporation setting forth:
1. The name of the association which may or may not include the word "cooperative";
2. Its purposes;
3. Its duration;
4. Its principal place of business in the state;
5. The name and post office address of each of the incorporators;
6. The names and addresses of those who are to serve as incorporating directors for the first term, or until the election and qualifications of their successors;
7. If organized without capital stock, whether the property rights and interests of each member are to be equal or unequal. If unequal, the Articles of Incorporation shall include the general rule applicable to all members by which the property rights and interests respectively of each member shall be determined and provision for the admission of new members who shall share in the property of the association in accordance with the general rule; and
8. If organized with capital stock, the amount of the stock and the number of shares into which the capital stock is to be divided; whether all or part of the capital stock shall have par value, and if so, the par value thereof. If there is to be more than one class of stock created, the Articles of Incorporation shall include a description of the different classes, the number of shares in each class, the relative rights, interests, and preferences each class shall represent, and the dividends, which may be cumulative, not exceeding eight percent (8%) per annum, to which each share shall be entitled.
B. The Articles of Incorporation may contain any provision consistent with law with respect to management, regulation, government, financing, indebtedness, membership, the establishment of voting districts, and the election of delegates for representative purposes, the issuance, retirement and transfer of its stock, if formed with capital stock, or any provision relative to the way or manner in which it shall operate with respect to its members, officers, or directors, and any other provisions relating to its affairs.
C. The Articles of Incorporation must be subscribed by the incorporators and acknowledged by one of them before an officer authorized by the law of this state to take and certify acknowledgments of deeds and conveyances and shall be filed with the Oklahoma Secretary of State. When filed, the Articles of Incorporation, or certified copies of the Articles of Incorporation, shall be received in all courts of this state as prima facie evidence of the facts contained therein and of the due incorporation of the association.
Added by Laws 1937, p. 262, § 7. Amended by Laws 2001, c. 38, § 7, eff. Nov. 1, 2001. Renumbered from § 361f of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-8. Filing of Articles of Incorporation or amendments - Fees.

The Articles of Incorporation shall be filed in triplicate with the Secretary of State. For filing the Articles of Incorporation, an association shall pay to the Secretary of State a fee of Twenty-five Dollars ($25.00), and for filing an amendment to the Articles, a fee of Fifteen Dollars ($15.00).
Added by Laws 1937, p. 263, § 8. Amended by Laws 1984, c. 229, § 4, operative July 1, 1984; Laws 2001, c. 38, § 8, eff. Nov. 1, 2001. Renumbered from § 361g of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-9. Amendment of Articles of Incorporation - Filing.

A. The Articles of Incorporation may be amended at any regular meeting or any special meeting called for that purpose. An amendment must first be approved by two-thirds (2/3) of the directors, and then adopted by a two-thirds (2/3) vote of all members present at the meeting.
B. Amendments to the Articles of Incorporation when adopted shall be filed in the same manner as provided for the filing of the original Articles.
Added by Laws 1937, p. 263, § 9. Amended by Laws 2001, c. 38, § 9, eff. Nov. 1, 2001. Renumbered from § 361h of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-10. Bylaws - Adoption - Amendment of bylaws - Subjects which may be regulated.

A. Each association incorporated pursuant to the Cooperative Marketing Association Act shall adopt bylaws consistent with the Cooperative Marketing Association Act within thirty (30) days after its incorporation. A majority of the members voting on the bylaws is necessary to adopt the bylaws. Each shareholder or member shall be entitled to one vote, and no more, irrespective of the number of shares owned or patronage.
B. The bylaws shall provide for their amendment by the members and the method by which amendments may be adopted. The bylaws may include, but are not limited to:
1. The time, place, and manner of calling and conducting its meetings, which meetings, and the meetings of its directors, may be held either in or outside the state;
2. The number of members constituting a quorum;
3. The right of members to vote in person, by proxy, or by mail at general or special meetings; and the conditions, manner, form, and effects of these votes;
4. The number of directors constituting a quorum;
5. The number, qualifications, compensation, duties, and term of office of directors and officers; the time of their election and the mode and manner of giving notice thereof;
6. Penalties for violations of bylaws;
7. The amount of entrance, organization, and membership fees, if any; the manner and method of collection of the fees, and the purposes for which the fees may be used;
8. The amount which each member shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member for services rendered by the association to such member and the time of payment and the manner of collection; and marketing contract between the association and its members which every member may be required to sign; and
9. The number, qualification, and voting rights of members of the association and the conditions precedent to membership; the method, time, and manner of permitting members to withdraw or to transfer their stock; the manner of assignment and transfer of the interest of members; the mode, manner, and effect of the expulsion of a member; the manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of a member or upon the expulsion of a member or forfeiture of membership.
Added by Laws 1937, p. 264, § 10. Amended by Laws 2001, c. 38, § 10, eff. Nov. 1, 2001. Renumbered from § 361i of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-11. Membership in associations - Termination and transfer of memberships - Liability for debts.

A. Under the terms and conditions prescribed in the bylaws adopted by it, an association may admit as members, or issue common stock to only cooperative associations and/or persons engaged in the production of agricultural products to be handled by or through the association, including the lessees and tenants of land used for the production of agricultural products and any lessors and landlords who receive as rent all or part of the crop raised on the leased premises.
B. An association organized pursuant to the Cooperative Marketing Association Act may become a member or stockholder of any other cooperative association organized in this or any other state.
C. A member shall lose membership and voting rights if the member ceases to belong to the class of persons eligible for membership pursuant to this section, however, such member shall remain subject to any liability already incurred by such member as a member of the association. Upon the death of a member and the deceased member’s estate ceasing to belong to the class of persons eligible for membership pursuant to this section, the deceased member’s estate shall be entitled to receive from the association, within three (3) years after the latter of the member’s death or the member ceasing to be a member, the value of the membership interest in the association subject to the conclusive appraisal by the board of directors. If the association approves the member's designation of a transferee of the membership interest, the association shall be under no obligation to pay the transferor the value of the interest.
D. Except for debts lawfully contracted between a member and the association, no member shall be liable for the debts of the association to any amount exceeding the sum remaining unpaid on the subscription to membership of the member.
Added by Laws 1937, p. 264, § 11. Amended by Laws 2001, c. 38, § 11, eff. Nov. 1, 2001. Renumbered from § 361j of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-12. Certificates of membership or stock certificates - Transfer - Preferred stock.

A. When a member of an association has paid the membership fee or stock subscription in full, the association shall issue a certificate of membership or a stock certificate to the member. The association may establish a policy of maintaining physical possession of the original certificates.
B. No association shall issue membership certificates or stock until they have been fully paid for, but an association in its bylaws may admit a member and allow the member to vote and hold office as soon as twenty percent (20%) of the membership fee or stock certificate has been paid.
C. Ownership of common stock, certificates of indebtedness, or membership certificates may be transferred by a member only to other associations or to persons engaged in the production of agricultural products, and who are eligible to hold same. The transfer must be approved by the board of directors before it is binding on the association.
D. 1. An association may issue and sell preferred stock to members or nonmembers. Preferred stock may be redeemable or retirable by the association on terms and conditions as may be provided by the bylaws and printed on the stock certificate. Preferred stockholders shall not be entitled to vote.
2. Whenever an association organized pursuant to the Cooperative Marketing Association Act with preferred stock shall purchase the stock or any interest in any property of any person it may discharge the obligation so incurred wholly or in part by exchanging for the acquired interest shares of its preferred stock to an amount which would equal the fair market value of the stock or interest so purchased as determined by the board of directors.
Added by Laws 1937, p. 265, § 12. Amended by Laws 2001, c. 38, § 12, eff. Nov. 1, 2001. Renumbered from § 361k of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-13. Financial statements – Dividends and earnings – Interest on membership capital or stock – Surplus or reserve fund – Undistributed balances.

A. At the time of each dividend apportionment of earnings and at least once in every year, the directors shall cause to be prepared a financial statement showing:
1. The financial condition of the corporation at the end of the period to which such dividend or apportionment relates, in a form as shall fully exhibit the assets and liabilities of the corporation; and
2. Its earnings, purchases and sales, expenses and outlays, for the period covered by the dividend or apportionment, in the manner that a good understanding of the condition of the corporation may be obtained from the financial statement.
The directors shall cause the financial statement to be kept on file with the secretary, or such other officer as the directors may designate. The financial statement may be examined by any member of the corporation at all reasonable times.
B. The directors, subject to the revision by the members or stockholders, at any general or special meeting lawfully called shall apportion the net earnings from time to time at least once in each year.
C. An association shall limit the interest it pays on membership capital or stock to an amount not greater than eight percent (8%) per annum. The apportionment shall not be made until not less than ten percent (10%) of any undistributed balance accruing since the last apportionment, has been set aside in a surplus or reserve fund unless such surplus or reserve funds equal at least one hundred percent (100%) of the paid up membership fees or capital stock.
D. 1. Undistributed balances from any source, in excess of additions to reserves and surplus, shall be distributed on the basis of patronage, that is according to the amount or value, as the association may decide, of the products sold to or through, and/or purchased from or through, the association by its patrons.
2. The distribution of the balances may be restricted to members or be made at the same rate for members and nonmembers.
3. The bylaws may provide that any distribution to a nonmember, eligible for membership may be credited to a nonmember until the amount equals the value of a membership certificate or a share of the association's common stock.
4. A distribution credited to the account of a nonmember shall revert to the reserve fund to be used for educational purposes if, after two (2) years, the amount is less than the value of a membership certificate or a share of common stock, or in case the person does not accept and exercise membership privileges.
Added by Laws 1937, p. 265, § 13. Amended by Laws 2001, c. 38, § 13, eff. Nov. 1, 2001. Renumbered from § 361 l of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-14. Regular meetings - Special meetings - Notice.

A. 1. One or more regular meetings shall be held annually in such places as the bylaws may stipulate.
2. The board of directors may call a special meeting at any time.
3. If ten percent (10%) of the members file a petition stating the specific business to be brought before the association and demand a special meeting at any time, a meeting must be called by the directors.
B. Notice of all meetings, together with a statement of the purposes, shall be mailed to each member at least ten (10) days prior to the meeting. If provided by the bylaws, all notices may be given by publication in a newspaper, or other periodical of general circulation among the members.
Added by Laws 1937, p. 266, § 14. Amended by Laws 2001, c. 38, § 14, eff. Nov. 1, 2001. Renumbered from § 361m of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-17-15. Board of directors.

A. The association shall be managed by a board of not less than five or more than twenty-one directors elected by the members of the association. The directors shall be qualified as may be provided for in the Articles of Incorporation or bylaws.
B. All of the directors shall be members of the association or officers, directors, or members of member associations.
Added by Laws 1937, p. 266, § 15. Amended by Laws 2001, c. 38, § 15, eff. Nov. 1, 2001. Renumbered from § 361n of this title by Laws 2001, c. 38, § 26, eff. Nov. 1, 2001.