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A Look Under the Hood at the Possible Impact of State Question 777, if Approved By Oklahoma in November

Tue, 30 Aug 2016 20:28:12 CDT

A Look Under the Hood at the Possible Impact of State Question 777, if Approved By Oklahoma in November As the general election set for November 8th draws closer, Oklahoma State University Associate Professor Dr. Shannon Ferrell, has been closely studying the language of the proposed constitutional amendment, State Question 777, or Right to Farm, to attempt to predict what sort of impact it may have legally in Oklahoma, if passed. During a recent interview this past weekend, he shared some of his thoughts with Farm Director Ron Hays.


Ferrell pointed out up front, that Oklahoma currently has on the books a Right to Farm statute, not to be confused with SQ777. He says the statute, which has been on the books in Oklahoma for a few years now, protects farmers and ranchers from nuisance claims (i.e., odors, sounds, etc.). State Question 777 however, will go beyond nuisance claims. If passed, it will in effect add language to the Oklahoma State Constitution. RON has posted an earlier story and interview with Dr. Ferrell on the Right to Farm Law- click here to jump to that story.


In regards to State Question 777, "we're adding language to the Oklahoma State Constitution that would basically prohibit the legislature from enacting any sort of statute," Ferrell said, "that would abridge the right of farmers and ranchers to make use of livestock practices and agricultural technologies."


Unlike similar amendments that have been passed in North Dakota and Missouri, SQ777 includes a phrase that allows interference on the rights it guarantees, only if a "compelling state interest" can be made. Ferrell regards a "compelling state interest" as a reason that basically outweighs the amendment for the greater good such as matters of public safety for instance. He says though that to do this, the legislature would have to ultimately prove that the interference would fix whatever the issue may be, and that it was being done in the least intrusive way to that constitutional right.


Beyond this, Dr. Ferrell says there is not enough background on legislation like this, so prediction of its impact is difficult to determine at this point. He says the proposed question would not apply to issues such as eminent domain, condemnation and other matters where controversies in agriculture often stem from. Ferrell also implies there is speculation as to how it may apply to the implementation of federal level rulings, which translates into the potential for unforeseen consequences that will have to be worked out as they arise.


Ferrell says, for example, that there are certain regulations that Oklahoma agencies provide oversight for through an arrangement with the Federal Government called delegation "Let's say that the federal government enacts some rules that would be more restrictive on agriculture than our current state rules. So then the question becomes would our state agencies be able to maintain delegation because they wouldn't be able to enact more restrictive state rules, would that effect their delegation status," Ferrell said. "There are lots of ways that could play out."


He points out that while North Dakota and Missouri have both passed similar amendments to their State Constitutions- there have been no challenges to either of them to date to offer any insights about what legal impact on agriculture in those states. He believes one reason is that both have been enacted not that many years ago- and it takes time for litigation to work its way through the courts.


Listen to Dr. Shannon Ferrell and Farm Director Ron Hays discuss the potential impact State Question 777 - Right to Farm will have on Oklahoma if passed, by clicking on the LISTEN BAR below.


If you want to learn more about this State Question, we have several resources that you can go and investigate. To begin with, we would suggest you go and read the actual State Question from the official State of Oklahoma website- click here for the ballot language for 777.

There is one PAC that is registered with the State of Oklahoma that is raising money with the intent of supporting the State Question- Oklahoma Farmers Care. Click here for their website. There are two PACs registered with the State of Oklahoma opposed to the State Question, Click on their names to jump to their respective websites- the Oklahoma Stewardship Council and Oklahomans for Food, Farm and Families.



   


   

Ron Hays talks with Shannon Ferrell of OSU on the potential impact of State Question 777
right-click to download mp3

 

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