STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 35	By:	Schulz

AS INTRODUCED

An Act relating to the Oklahoma Sunset Law; amending 2 O.S. 2011, Section 18-242, which relates to the Oklahoma Sorghum Commission; re-creating the Commission for certain time period; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     2 O.S. 2011, Section 18-242, is amended to read as follows:
Section 18-242.  A.  There is created until July 1, 2009 2018, in accordance with the provisions of the Oklahoma Sunset Law, the Oklahoma Sorghum Commission.
B.  1.  With the exception of the ex officio nonvoting member, the Commission shall be composed of five (5) elected members who:
a.	are at least twenty-five (25) years of age and are residents of Oklahoma,
b.	have been actually engaged in the production of  sorghum in this state for a period of at least five (5) years, and
c.	derive a portion of their income from the production of sorghum.
2.  The President of the State Board of Agriculture shall be an ex officio nonvoting member of the Commission.  The President may appoint a designee to serve on the Commission in the place of the President.
C.  Each of the elected members shall be a resident of, have a farming operation in, and be elected by sorghum producers within a district area designated by this subsection as District 1 through District 5.  The districts shall be as follows:
1.  District 1 shall consist of Cimarron County;
2.  District 2 shall consist of Texas County;
3.  District 3 shall consist of the counties of Beaver, Harper, Woods, Alfalfa, Ellis, Woodward, Major, Roger Mills, Custer, Dewey, Blaine, Kingfisher, and Canadian;
4.  District 4 shall consist of the counties of Grant, Kay, Osage, Washington, Nowata, Craig, Ottawa, Garfield, Nobel, Pawnee, Rogers, Mayes, Delaware, Logan, Payne, Creek, Tulsa, Wagoner, Cherokee, Adair, Oklahoma, Lincoln, Okfuskee, Okmulgee, Muskogee, Sequoyah, and McIntosh; and
5.  District 5 shall consist of the counties of Beckham, Washita, Caddo, Grady, Cleveland, Pottawatomie, Seminole, Hughes, Pittsburg, Haskell, Le Flore, Harmon, Greer, Kiowa, Comanche, Jackson, Tillman, Cotton, Stephens, Jefferson, McClain, Garvin, Murray, Carter, Love, Pontotoc, Johnston, Marshall, Coal, Atoka, Bryan, Latimer, Pushmataha, Choctaw, and McCurtain.
D.  1.  The terms of office of the initial elected Commission shall be as follows:
a.	two (2) years for District 1,
b.	three (3) years for District 2,
c.	four (4) years for District 3,
d.	five (5) years for District 5, and
e.	six (6) years for District 4.
Thereafter the term of office shall be for five (5) years.  An elected member of the Commission may only serve for two full five-year terms.
2.  If for any reason there is a vacancy on the Commission due to resignation, death, or for any cause resulting in an unexpired term, the Commission may name a person to serve as a provisional member of the Commission for the remainder of the term of the office vacated.  The Commission shall submit, in writing, the name of the person to the President for approval.  The President shall either approve or disapprove the named person as a provisional member of the Commission within thirty (30) days of the submission of the name by the Commission.  The failure of the President to disapprove the person named as the provisional member of the Commission within the thirty-day period shall be deemed approval of the person as the provisional member of the Commission.
E.  The Commission shall hold meetings as necessary at a place and time to be fixed by the Commission.  The Commission shall select, at the initial meeting of the Commission, a chair, a vice-chair, and a secretary-treasurer.  At the first meeting in each fiscal year thereafter, the chair, vice-chair, and secretary-treasurer for the ensuing year shall be elected.  Special meetings may be called by the chair or by three members of the Commission by delivery of written notice to each member of the Commission.  Three members of the Commission shall constitute a quorum.
F.  Commission members shall not receive any compensation, but shall be reimbursed in accordance with the provisions of the State Travel Reimbursement Act for all actual and necessary expenses incurred in the performance of the duties imposed upon the Commission pursuant to the Oklahoma Sorghum Resources Act.
G.  A member of the Oklahoma Sorghum Commission may be removed by the President of the State Board of Agriculture for cause or by a two-thirds (2/3) vote of the other members of the Commission.  In addition to all other causes, a member ceasing to:
1.  Be a resident of the state; or
2.  Produce or plant sorghum in the district from which the member was elected,
shall be sufficient cause for removal from office.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

54-1-113	 MJM	12/20/2012 4:09:43 PM