| 39 | | - | [ emergency state government operations - emergency |
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| 40 | | - | succession procedures - certain emergency interim |
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| 41 | | - | successors - repealer - effective date ] |
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| 63 | + | AS INTRODUCED |
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| 64 | + | |
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| 65 | + | An Act relating to emergency state government |
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| 66 | + | operations; amending 63 O.S. 20 21, Sections 685.5, |
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| 67 | + | 685.6, 686.1, 686.2, 686.3 , and 686.11, which relate |
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| 68 | + | to the emergency succession procedures; modifying |
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| 69 | + | procedure to name certain emergency interim |
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| 70 | + | successors; updating statutory references; updating |
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| 71 | + | statutory language; changing name of act; modify ing |
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| 72 | + | legislative declaration; authorizing Gover nor to |
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| 73 | + | declare provisions of act to be in force an d effect; |
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| 74 | + | deleting definition; deleting provisions relating to |
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| 75 | + | emergency interim successors for legislators; |
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| 76 | + | repealing 63 O.S. 20 21, Sections 686.4, 686.5, 686. 6, |
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| 77 | + | 686.7, 686.8, 686.9, 686.12, 686.13 , and 686.14, |
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| 78 | + | which relate to emergency interim successors for |
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| 79 | + | legislators; and providing an effective date . |
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| 42 | 80 | | |
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| 43 | 81 | | |
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| 44 | 82 | | |
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| 45 | 83 | | |
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| 46 | 84 | | |
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| 47 | 85 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 48 | 86 | | SECTION 1. AMENDATORY 63 O.S. 2021, Section 685.5, is |
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| 49 | 87 | | amended to read as follows: |
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| 50 | 88 | | Section 685.5. All Unless otherwise prov ided by law, all state |
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| 51 | 89 | | officers, other than the Governor, subject to such regulations as |
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| 52 | 90 | | the Governor, or other official authorized under the Constit ution |
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| 53 | 91 | | and this act Section 685.1 et seq. of th is title to exercise the |
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| 54 | 92 | | powers and discharge the duties of t he Office of Governor, may |
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| 55 | | - | issue, upon approval of this act Section 685.1 et seq. of this |
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| 56 | | - | title, in addition to any deputy, shall designate, by the t itle of |
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| 57 | | - | their office or position, emergency in terim successors and specify |
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| 58 | | - | their order of succession. The officer shall review and revise, as |
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| 59 | | - | necessary, designatio ns made pursuant to this act Section 685.1 et |
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| 60 | | - | seq. of this title to ensure their current sta tus. The officer |
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| 61 | | - | shall designate a sufficient number of such emergency interim |
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| 144 | + | issue, upon approval of this act Section 685.1 et seq. of this |
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| 145 | + | title, in addition to any deputy, shall designate, by the t itle of |
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| 146 | + | their office or position, emergency in terim successors and specify |
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| 147 | + | their order of succession. The officer shall review and revise, as |
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| 148 | + | necessary, designations made pursuant to this act Section 685.1 et |
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| 149 | + | seq. of this title to ensure their current sta tus. The officer |
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| 150 | + | shall designate a sufficient number of such emergency interim |
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| 89 | 151 | | successors so that there wi ll be not less than three nor more than |
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| 90 | 152 | | seven deputies or emergency interim successors or any combination |
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| 91 | 153 | | thereof, at any time deputy, chief administ rative officer or such |
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| 92 | 154 | | other personnel of the agency of the officer as an emergency interim |
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| 93 | 155 | | successor. In the event that any state officer is unavailable |
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| 94 | 156 | | following an emergency or disaster, and in the event a deputy, if |
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| 95 | 157 | | any, is also unavailable, the said powers of the office shall be |
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| 96 | 158 | | exercised and said the duties of the office shall be discharged by |
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| 97 | 159 | | the designated emergency interim successors in the order specified. |
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| 98 | 160 | | The authority of an emergency successor shall cease: |
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| 99 | 161 | | 1. When the incumbent of the office, or a deputy or an interim |
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| 100 | 162 | | successor higher in d esignation becomes available to exercise the |
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| 101 | 163 | | powers and to perform the duties of the office; or |
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| 102 | 164 | | 2. When a successor to the office has been duly elected or |
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| 103 | 165 | | appointed and has qualified according to law. |
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| 104 | 166 | | SECTION 2. AMENDATORY 63 O.S . 2021, Section 685.6, is |
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| 105 | 167 | | amended to read as follows: |
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| 106 | | - | Section 685.6. The respective officers of For vacancies on the |
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| 107 | | - | governing body of each city or incorporated town, and of all other |
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| 108 | | - | political subdivisions , of this state, shall designate interim |
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| 109 | | - | successors, and shall specify the order of succession of deputies |
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| 110 | | - | and interim successors, in the same manner, and with the s ame |
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| 111 | | - | effect, as is provided for state officers by Section 5 hereof if |
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| 112 | | - | state law or the munici pal charter provides for vacancies on the |
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| 219 | + | Section 685.6. The respective officers of For vacancies on the |
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| 220 | + | governing body of each city or incorporated town, and of all other |
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| 221 | + | political subdivisions , of this state, shall designate interim |
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| 222 | + | successors, and shall specify the order of succession of deputies |
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| 223 | + | and interim successors, in the same manner, and with the same |
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| 224 | + | effect, as is provided for state officers by Section 5 hereof if |
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| 225 | + | state law or the munici pal charter provides for vacancies on the |
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| 140 | 226 | | governing body of the municipality to be filled by the remaining |
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| 141 | 227 | | members of the governing body or by other available means, such |
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| 142 | 228 | | provisions shall govern in the event of an emergency resulting in |
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| 143 | 229 | | vacancies of more than a quorum of the governing body . If there are |
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| 144 | 230 | | no such provisions in state law or the municipal charter, v acancies |
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| 145 | 231 | | shall be filled by the Governor or person acting as Governor by |
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| 146 | 232 | | temporary appointment until such vacancies can be filled by |
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| 147 | 233 | | election. |
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| 148 | 234 | | SECTION 3. AMENDATORY 63 O .S. 2021, Section 686.1, is |
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| 149 | 235 | | amended to read as follows: |
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| 150 | 236 | | Section 686.1. This act Sections 686.2, 686.3, 686.10 , and |
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| 151 | 237 | | 686.11 of this title shall be known as the “Emergency Management |
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| 152 | 238 | | Interim Legislative Succession Operations Act” and shall be |
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| 153 | 239 | | cumulative to the Oklahoma Emergency Management Act of 2003. |
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| 154 | 240 | | SECTION 4. AMENDATORY 63 O.S. 20 21, Section 686.2, is |
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| 155 | 241 | | amended to read as follows: |
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| 156 | 242 | | Section 686.2. The Legislature declares: |
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| 191 | 301 | | impracticable, and would jeopardize continuity of operation of a |
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| 192 | 302 | | legally constituted Legislature ; it is therefore necessary to adopt |
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| 193 | 303 | | special provisions a s hereinafter, the Governor may declare the |
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| 194 | 304 | | provisions of the Emergency Management Interim Legislative |
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| 195 | 305 | | Operations Act set out for the effective operation of the |
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| 196 | 306 | | Legislature during natural or man -made disasters or emergencies to |
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| 197 | 307 | | be in force and effect . |
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| 198 | 308 | | SECTION 5. AMENDATORY 63 O.S. 20 21, Section 686.3, is |
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| 199 | 309 | | amended to read as follows: |
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| 200 | 310 | | Section 686.3. As used in this act the Emergency Management |
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| 201 | 311 | | Interim Legislative Operations Act : |
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| 202 | 312 | | 1. “Emergency” means any occasion or instance for whic h, in the |
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| 203 | 313 | | determination of the President of the United States or the Governor |
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| 204 | 314 | | of the State of Oklahoma this state, federal or state assistance is |
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| 205 | 315 | | needed to supplement state and local efforts and capabilities to |
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| 206 | 316 | | save lives, protect property, public health and safety, or to lessen |
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| 207 | 317 | | or avert threat of a catastrophe in any part of the state; and |
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| 208 | | - | 2. “Man-made disaster” means a disaster caused by acts of man |
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| 209 | | - | including, but not limited to, an act of war, terrorism, c hemical |
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| 210 | | - | spill or release, or a power shortage that requires assistance from |
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| 211 | | - | outside the local political subdivision ; and |
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| 212 | | - | 3. “Unavailable” means absent from the pla ce of session, other |
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| 213 | | - | than on official business of the Legislature, or unable, for |
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| 214 | | - | physical, mental or legal reasons, to exercise the powers and |
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| 369 | + | 2. “Man-made disaster” means a disaster caused by acts of man |
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| 370 | + | including, but not limited to, an act of war, terrorism, c hemical |
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| 371 | + | spill or release, or a power shortage that requires assistance from |
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| 372 | + | outside the local political subdivision ; and |
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| 373 | + | 3. “Unavailable” means absent from the place of session, other |
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| 374 | + | than on official business of the Legislature, or unable, for |
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| 375 | + | physical, mental or legal reasons, to exercise the powers an d |
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| 242 | 376 | | discharge the duties of a legislator, whether or not such absence or |
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| 243 | 377 | | inability would give rise to a vacancy under existing constitutional |
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| 244 | 378 | | or statutory provisions . |
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| 245 | 379 | | SECTION 6. AMENDATORY 63 O.S. 2021, Section 686.11, is |
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| 246 | 380 | | amended to read as follows: |
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| 247 | 381 | | Section 686.11. In the event of an emergency or natural or man- |
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| 248 | 382 | | made disaster, the Governor shall call the Legislature into session |
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| 249 | 383 | | as soon as practicable, and in any case within thirty (3 0) days |
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| 250 | 384 | | following the inception of the emergency o r disaster. Each |
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| 251 | 385 | | legislator and each emergency interim successor, unl ess the Governor |
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| 252 | 386 | | is certain that the legislator to whose powers and duties the |
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| 253 | 387 | | legislator is designated to succeed or any emergency inte rim |
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| 254 | 388 | | successor higher in order of succession will n ot be unavailable, |
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| 255 | 389 | | shall proceed to the place of session as expeditiou sly as |
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| 256 | 390 | | practicable. At such session or at any session in operation at the |
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| 257 | 391 | | inception of the emergency or disaster, and at any subsequent |
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| 258 | 443 | | session, limitations on the length of session and on the subjects |
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| 259 | 444 | | which may be acted upon shall be suspended. |
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| 260 | 445 | | SECTION 7. REPEALER 63 O.S. 20 21, Sections 686.4, 686.5, |
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| 261 | 446 | | 686.6, 686.7, 686.8, 686.9, 686.12, 686.13 , and 686.14, are here by |
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| 262 | 447 | | repealed. |
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| 263 | 448 | | SECTION 8. This act shall become effective November 1, 2022. |
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