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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1595 By: Dahm
AS INTRODUCED
An Act relating to emergency state government
operations; amending 63 O.S. 20 21, Sections 685.5,
685.6, 686.1, 686.2, 686.3 , and 686.11, which relate
to the emergency succession procedures; modifying
procedure to name certain emergency interim
successors; updating statutory references; updating
statutory language; changing name of act; modify ing
legislative declaration; authorizing Gover nor to
declare provisions of act to be in force an d effect;
deleting definition; deleting provisions relating to
emergency interim successors for legislators;
repealing 63 O.S. 20 21, Sections 686.4, 686.5, 686. 6,
686.7, 686.8, 686.9, 686.12, 686.13 , and 686.14,
which relate to emergency interim successors for
legislators; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 685.5, is
amended to read as follows:
Section 685.5. All Unless otherwise prov ided by law, all state
officers, other than the Governor, subject to such regulations as
the Governor, or other official authorized under the Constit ution
and this act Section 685.1 et seq. of th is title to exercise the
powers and discharge the duties of t he Office of Governor, may
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issue, upon approval of this act Section 685.1 et seq. of this
title, in addition to any deputy, shall designate, by the t itle of
their office or position, emergency in terim successors and specify
their order of succession. The officer shall review and revise, as
necessary, designations made pursuant to this act Section 685.1 et
seq. of this title to ensure their current sta tus. The officer
shall designate a sufficient number of such emergency interim
successors so that there wi ll be not less than three nor more than
seven deputies or emergency interim successors or any combination
thereof, at any time deputy, chief administ rative officer or such
other personnel of the agency of the officer as an emergency interim
successor. In the event that any state officer is unavailable
following an emergency or disaster, and in the event a deputy, if
any, is also unavailable, the said powers of the office shall be
exercised and said the duties of the office shall be discharged by
the designated emergency interim successors in the order specified.
The authority of an emergency successor shall cease:
1. When the incumbent of the office, or a deputy or an interim
successor higher in d esignation becomes available to exercise the
powers and to perform the duties of the office; or
2. When a successor to the office has been duly elected or
appointed and has qualified according to law.
SECTION 2. AMENDATORY 63 O.S . 2021, Section 685.6, is
amended to read as follows:
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Section 685.6. The respective officers of For vacancies on the
governing body of each city or incorporated town, and of all other
political subdivisions , of this state, shall designate interim
successors, and shall specify the order of succession of deputies
and interim successors, in the same manner, and with the same
effect, as is provided for state officers by Section 5 hereof if
state law or the munici pal charter provides for vacancies on the
governing body of the municipality to be filled by the remaining
members of the governing body or by other available means, such
provisions shall govern in the event of an emergency resulting in
vacancies of more than a quorum of the governing body . If there are
no such provisions in state law or the municipal charter, v acancies
shall be filled by the Governor or person acting as Governor by
temporary appointment until such vacancies can be filled by
election.
SECTION 3. AMENDATORY 63 O .S. 2021, Section 686.1, is
amended to read as follows:
Section 686.1. This act Sections 686.2, 686.3, 686.10 , and
686.11 of this title shall be known as the “Emergency Management
Interim Legislative Succession Operations Act” and shall be
cumulative to the Oklahoma Emergency Management Act of 2003.
SECTION 4. AMENDATORY 63 O.S. 20 21, Section 686.2, is
amended to read as follows:
Section 686.2. The Legislature declares:
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1. Because of existing possibilities of natural or man -made
disasters or emergencies of unprecedented destructiveness, w hich may
result in the death or inability to act of a large proportion of the
membership of the Legislature; and
2. Because to conform in time of In the event of an emergency
or natural or man-made disaster to that would cause existing legal
requirements pertaining to the Legislature would to be
impracticable, and would jeopardize continuity of operation of a
legally constituted Legislature ; it is therefore necessary to adopt
special provisions a s hereinafter, the Governor may declare the
provisions of the Emergency Management Interim Legislative
Operations Act set out for the effective operation of the
Legislature during natural or man -made disasters or emergencies to
be in force and effect .
SECTION 5. AMENDATORY 63 O.S. 20 21, Section 686.3, is
amended to read as follows:
Section 686.3. As used in this act the Emergency Management
Interim Legislative Operations Act :
1. “Emergency” means any occasion or instance for whic h, in the
determination of the President of the United States or the Governor
of the State of Oklahoma this state, federal or state assistance is
needed to supplement state and local efforts and capabilities to
save lives, protect property, public health and safety, or to lessen
or avert threat of a catastrophe in any part of the state; and
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2. “Man-made disaster” means a disaster caused by acts of man
including, but not limited to, an act of war, terrorism, c hemical
spill or release, or a power shortage that requires assistance from
outside the local political subdivision ; and
3. “Unavailable” means absent from the place of session, other
than on official business of the Legislature, or unable, for
physical, mental or legal reasons, to exercise the powers an d
discharge the duties of a legislator, whether or not such absence or
inability would give rise to a vacancy under existing constitutional
or statutory provisions .
SECTION 6. AMENDATORY 63 O.S. 2021, Section 686.11, is
amended to read as follows:
Section 686.11. In the event of an emergency or natural or man-
made disaster, the Governor shall call the Legislature into session
as soon as practicable, and in any case within thirty (3 0) days
following the inception of the emergency o r disaster. Each
legislator and each emergency interim successor, unl ess the Governor
is certain that the legislator to whose powers and duties the
legislator is designated to succeed or any emergency inte rim
successor higher in order of succession will n ot be unavailable,
shall proceed to the place of session as expeditiou sly as
practicable. At such session or at any session in operation at the
inception of the emergency or disaster, and at any subsequent
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session, limitations on the length of session and on the subjects
which may be acted upon shall be suspended.
SECTION 7. REPEALER 63 O.S. 20 21, Sections 686.4, 686.5,
686.6, 686.7, 686.8, 686.9, 686.12, 686.13 , and 686.14, are here by
repealed.
SECTION 8. This act shall become effective November 1, 2022.
58-2-3174 KR 1/20/2022 1:45:53 PM