Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1595 Latest Draft

Bill / Amended Version Filed 03/01/2022

                             
 
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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   
 
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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   
 
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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   
 
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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   
 
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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