SENATE FLOOR VERSION - SB1595 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION February 28, 2022 AS AMENDED SENATE BILL NO. 1595 By: Dahm [ emergency state government operations - emergency succession procedures - certain emergency interim successors - repealer - 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 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, designatio ns 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 SENATE FLOOR VERSION - SB1595 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: 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 s ame effect, as is provided for state officers by Section 5 hereof if state law or the munici pal charter provides for vacancies on the SENATE FLOOR VERSION - SB1595 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 acti ng 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: 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 l arge 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 SENATE FLOOR VERSION - SB1595 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 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 pla ce of session, other than on official business of the Legislature, or unable, for physical, mental or legal reasons, to exercise the powers and SENATE FLOOR VERSION - SB1595 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 discharge the duties of a legislator, whether or not such absence or inability would give rise to a vacancy unde r 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 shal l call the Legislature into session as soon as practicable, and in any case within thirty (3 0) days following the inception of the emergency or disaste r. Each legislator and each emergency interim successor, unl ess the Governor is certain that the legisla tor to whose powers and duties the legislator is designated to succeed or any emergency inte rim successor higher in order of succession will not be una vailable, shall proceed to the place of session as expeditiou sly as practicable. At such session or at a ny session in operation at the inception of the emergency or disaster, and at any subsequent session, limitations on the length of session and on the s ubjects which may be acted upon shall be suspended. SECTION 7. REPEALER 63 O.S. 2 021, 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 bec ome effective November 1, 2022. COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY February 28, 2022 - DO PASS AS AMENDED