OK
Oklahoma Senate Bill SB709

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB709 Compare Versions

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4-
5-An Act
6-ENROLLED SENATE
7-BILL NO. 709 By: Rosino of the Senate
28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 709 By: Rosino of the Senate
831
932 and
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1134 Roe of the House
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40+An Act relating to the State Commissioner of Health;
41+amending 63 O.S. 2021, Section 1-106, which relates
42+to qualifications; exempting Commissioner from
43+certain qualifications under certain conditions; and
44+updating statutory language.
1745
18-An Act relating to the State Commission er of Health;
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48+AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
49+and insert:
50+
51+
52+
53+
54+"An Act relating to the State Commission er of Health;
1955 amending 63 O.S. 2021, Section 1-106, which relates
2056 to qualifications; exempting Commissioner from
2157 certain qualifications under certain conditions;
2258 updating statutory language; directing the State
2359 Commissioner of Health to appoint a Chief Med ical
2460 Officer; creating the position of Chief Medical
2561 Officer; providing qualifications; authorizing
26-maintenance of clinical practice; establishing duties
27-of position; providing for codification; and
62+maintenance of clinical practice; establis hing
63+duties of position; providing for codification; and
2864 declaring an emergency .
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34-SUBJECT: State Department of Health
35-
3670 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3871 SECTION 1. AMENDATORY 63 O.S. 20 21, Section 1-106, is
3972 amended to read as fol lows:
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4098
4199 Section 1-106. A. The State Commissioner of Health shall serve
42100 at the pleasure of the State Board of Health Governor, and shall
43101 have skill and experience in public health duties and sanitary
44102 sciences and shall meet at least one of the following
45103 qualifications:
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49104 1. Possession of a Doctor of Medicine Degree and a license to
50105 practice medicine in th is state;
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52106 2. Possession of an Osteopathic Med icine Degree and a license
53107 to practice medicine in this state;
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55108 3. Possession of a Doctoral degree in Public He alth or Public
56109 Health Administration; or
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58110 4. Possession of a Master of Science Degree and a minimum of
59111 five (5) years of supervisory experience i n the administration of
60112 health services.
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62113 B. The Commissioner shall be exempt from all qualifications
63114 enumerated in subsection A of this section if the Commissioner
64115 possesses at least a master’s degree and has experience in
65116 management of state agencies or large projects.
66-
67117 C. The Commissioner shall have the following powers and duties,
68118 unless otherwise directed by t he State Board of Health Governor:
69-
70119 1. Have general supervi sion of the health of the citizens of
71120 the state; make investigations, inquiries and st udies concerning the
72121 causes of disease and injury, and especially of epidemics, and the
73122 causes of mortality, an d the effects of localities, employment,
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74149 conditions and circumstances on the public health; investi gate
75150 conditions as to health, sanitation and s afety of schools, prisons,
76151 public institutions, mines, public conveyances, camps, places of
77152 group abode, and all buildings and places of public resort, and
78153 recommend, prescribe and enforce such measures of heal th, sanitation
79154 and safety for them as the Comm issioner deems advisable; take such
80155 measures as deemed necessary by the Commissioner to control or
81156 suppress, or to prevent the occurrence or spread of, any
82157 communicable, contagious or infectious disease, and pr ovide for the
83158 segregation and isolation of per sons having or suspected of having
84159 any such disease; designate places of quarantine or isolation;
85160 advise state and local governments on matters pertaining to health,
86161 sanitation and safety; and abate any nuisanc e affecting injuriously
87162 the health of the publ ic or any community. Any health information
88163 or data acquired by the Commissioner from any public agency, which
89164 information or data is otherwise confidential by state or federal
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92165 law, shall remain confidential n otwithstanding the acquisition of
93166 this information by the Commissioner.
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95167 2. Be the executive officer and supervise the activities of the
96168 State Department of Health, and act for the Department in all
97169 matters except as may be otherwise provided in this Code; administer
98170 oaths at any hearing or investigat ion conducted pursuant to this
99171 Code; and enforce rules and standards adopted by the State Board of
100172 Health Commissioner. All rules adopted by the State Board of Health
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101199 Commissioner are subject to the terms and conditions of the
102200 Administrative Procedures Ac t.
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104201 3. Appoint an Assistant State Commissioner of Health and fix
105202 the qualifications, duties and compensation of the Assistant State
106203 Commissioner of Health; and employ, ap point and contract with, and
107204 fix the qualifications, duties and compensation of, such other
108205 assistants, doctors, engineers, attorneys, sanitarians, nurses,
109206 laboratory personnel, administrative, cle rical and technical help,
110207 investigators, aides and other pe rsonnel and help, either on a full -
111208 time, part-time, fee or contractual basis, as shall be deemed by the
112209 Commissioner necessary, expedient, convenient or appro priate to the
113210 performance or carrying o ut of any of the purposes, objectives or
114211 provisions of this Code, or to assist the Commissioner in the
115212 performance of official duties and functio ns.
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117213 4. Cause investigations, inquiries and inspections to be made,
118214 and hold hearings and issue orders pursuant to the provisions of the
119215 Administrative Procedures Act, to enforce and make effective the
120216 provisions of this Code, and all rules and standards a dopted by the
121217 State Board of Health Commissioner pursuant to law and the
122218 Commissioner or the representative of the Commissioner shall have
123219 the right of access to any prem ises for such purpose at any
124220 reasonable time, upon presentation of identification.
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126221 5. Authorize persons in the State Department of Health to
127222 conduct investigations, inqui ries and hearings, and to perform other
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128249 acts that the Commissioner is authorized or r equired to conduct or
129250 perform personally.
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131251 6. Except as otherwise provided by law, all civil and criminal
132252 proceedings under this Code shall be initiated and prosecuted by the
133253 district attorney wher e the violation takes place.
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137254 7. Issue subpoenas for the at tendance of witnesses and the
138255 production of books and records at any hearing to be con ducted by
139256 the Commissioner or the State Board of Health ; and if a person
140257 disobeys any such subpoena, or refuses to give evidence before, or
141258 to allow books and records to be examined by, the Commissioner or
142259 the Board after such person is directed to do so, the Commissioner
143260 may file a contempt proceeding in the district court of the county
144261 in which the premises invol ved are situated, or, if no premises are
145262 involved, of the county in which such person resides or ha s a
146263 principal place of business, and a judge o f such court, after a
147264 trial de novo, may punish the offending person for contempt.
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149265 8. Unless otherwise require d by the terms of a federal grant,
150266 sell, exchange or otherw ise dispose of personal property that ha s
151267 been acquired by the State Department of Hea lth, or any of its
152268 components, when such property becomes obsolete or is no longer
153269 needed; any money derived th erefrom shall be deposited in the Public
154270 Health Special Fund.
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156271 9. Sell films, educational materials , biological products and
157272 other items produced by the State Department of Health; and all
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158299 proceeds therefrom shall be deposited in the Public Health Special
159300 Fund.
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161301 10. Revoke or cancel, or suspend for any period up t o one (1)
162302 year, any license or permit is sued under or pursuant to this Code,
163303 or by the Commissioner, when the Commissioner determines that ground
164304 therefor as prescribed by this Code exists, or that the holder of
165305 such license or permit has violated any law, or any of the
166306 provisions of this Code, or any rules or standards of the State
167307 Board of Health Commissioner filed with the Secretary of State, but
168308 the Commissioner shall first afford t he holder an opportunity to
169309 show cause why the license or permit should not be revoked, canceled
170310 or suspended, notice of such opportunity to be given by certi fied
171311 United States Mail to the holder of the license or permit at the
172312 last-known address of such h older.
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174313 11. Accept, use, disburse and administer grants, allotments,
175314 gifts, devises, bequests, appropriations an d other monies and
176315 property offered or given t o the State Department of Health, or any
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179316 component or agency thereof, by any agency of the federal
180317 government, or any corporation or individual.
318+12. Be the official agen cy of the State of Oklahoma in all
319+matters relating to public health which require or authorize
320+cooperation of the State of Oklahoma with the federal government or
321+any agency thereof; coordinate the activities of the State
322+Department of Health with those o f the federal government or any
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349+department or agency thereof, and with other states, o n matters
350+pertaining to public health, and enter into agreements for such
351+purpose, and may accept, use, disburse and administer, for the
352+office of the Commissioner or for the State Department of Health,
353+for any purpose designated and on the terms and condi tions thereof,
354+grants of money, personnel and property from the federal government
355+or any department or agency thereof, or from any state or state
356+agency, or from any oth er source, to promote and carry on in th is
357+state any program relating to the public he alth or the control of
358+disease, and enter into agreements for such purposes.
359+13. The State Commis sioner of Health may appoint commissioned
360+peace officers, certified by t he Council on Law Enforcement
361+Education and Training, to investigate violations of the Public
362+Health Code and to provide security to Department facilities.
363+14. Pursuant to Section 2 of this act, the State Commissioner
364+of Health shall appoint a Chief Medica l Officer who reports directly
365+to the State Commissioner of Health .
366+SECTION 2. NEW LAW A new section of law to be codified
367+in the Oklahoma Statutes as Section 1-106.4 of Title 63, unless
368+there is created a duplication in numbering, reads as follows:
369+A. The Chief Medical Officer shall serve at the discretion and
370+pleasure of the State Commissioner of Health.
371+B. The Chief Medical Officer must:
372+1. Be a resident of the State of Oklahoma; and
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399+2. Be licensed and in good standing as a medi cal doctor or
400+doctor of osteopathy in Oklahoma.
401+C. With the approval of the State Commissioner of Health, the
402+Chief Medical Officer may maintain a clinical practice to re tain
403+expertise and remain current in his or her specialized field.
404+D. The Chief Medical Officer may:
405+1. Advise the Commissioner and agency staff in all matters
406+related to public health and effective delive ry of public health
407+services;
408+2. Provide professional judg ment, medical and public health
409+guidance to the Commissioner a nd other department leadership to
410+ensure that health policy and program resource allocation decisions
411+are medically appropriate, that timely prevention actions are taken ,
412+and that policy reflects sound medical and public health principles
413+and priorities;
414+3. Actively participate in the development of the agency
415+strategic goals and the state public he alth improvement plan; and
416+4. Perform other duties as assigned by the Commissioner.
417+SECTION 3. It being immediately n ecessary for the preservation
418+of the public peace, health or safety, an emergency is hereby
419+declared to exist, by reason whereof this act shall take effect and
420+be in full force from and after its passage and approval. "
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449+Passed the House of Representatives the 20th day of April, 2022.
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455+Presiding Officer of the House of
456+ Representatives
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459+Passed the Senate the ____ day of _______ ___, 2022.
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465+Presiding Officer of the Senate
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493+ENGROSSED SENATE
494+BILL NO. 709 By: Rosino of the Senate
495+
496+ and
497+
498+ Roe of the House
499+
500+
501+
502+
503+An Act relating to the State Commissioner of Health;
504+amending 63 O.S. 2021, Section 1-106, which relates
505+to qualifications; exempting Commissioner from
506+certain qualifications under certain conditions; and
507+updating statutory language.
508+
509+
510+
511+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
512+SECTION 4. AMENDATORY 63 O.S. 20 21, Section 1-106, is
513+amended to read as follows:
514+Section 1-106. A. The State Commissioner of Health sha ll serve
515+at the pleasure of the State Board of Health Governor, and shall
516+have skill and experience in public health duties and sanitary
517+sciences and shall meet at least one of the following
518+qualifications:
519+1. Possession of a Doctor of Medicine Degree and a license to
520+practice medicine in this state;
521+2. Possession of an Osteopathic Medicine Degree and a license
522+to practice medicine in this state;
523+3. Possession of a Doctoral degre e in Public Health or Public
524+Health Administration; or
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551+4. Possession of a M aster of Science Degree and a minimum of
552+five (5) years of supervisory experience in the administration of
553+health services.
554+B. The Commissioner shall be exempt from all qualifications
555+enumerated in subsection A of this section if the Commissioner
556+possesses at least a master’s degree and has experience in
557+management of state agencies or large projects.
558+C. The Commissioner shall have the following powers and duties,
559+unless otherwise directed by the State Board of Health Governor:
560+1. Have general supervisio n of the health of the citizens of
561+the state; make investigations, inquiries and studies concerning the
562+causes of disease and injury, and especially of epidemics, and the
563+causes of mortality, and the effects of localities, employment,
564+conditions and circum stances on the public health; investigate
565+conditions as to health, sanitation and safety of schools, prisons,
566+public institutions, mines, public conveyances, camps, places of
567+group abode, and all buildings and places of public resort, and
568+recommend, prescribe and enforce such measures of health, sanitation
569+and safety for them as the Commissioner deems advisable; take su ch
570+measures as deemed necessary by the Commissioner to control o r
571+suppress, or to prevent the occurrence or spread of, any
572+communicable, contagious or infectious disease, and provide for the
573+segregation and isolation of persons having or suspected of havin g
574+any such disease; designate places of quarantine or isolation;
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601+advise state and local governments on matters pertaining to health,
602+sanitation and safety; and abate any nuisance affecting injuriously
603+the health of the public or any community. Any health information
604+or data acquired by the Commissioner from any public agency, which
605+information or data is otherwise confidential by state or fed eral
606+law, shall remain confidential notwithstanding the acquisition of
607+this information by the Commissioner.
608+2. Be the executive officer and supervise the activities of the
609+State Department of Health, and act for the Department in all
610+matters except as ma y be otherwise provided in this Code; administer
611+oaths at any hearing or investigation conducted pursuant to this
612+Code; and enforce rules and standards adopted by the State Board of
613+Health Commissioner. All rules adopted by the State Board of Health
614+Commissioner are subject to the terms and conditions of the
615+Administrative Procedures Act.
616+3. Appoint an Assistant State Commissioner of Health and fix
617+the qualifications, duties and c ompensation of the Assistant State
618+Commissioner of Health; and employ, appoi nt and contract with, and
619+fix the qualifications, duties and compensation of, such other
620+assistants, doctors, engine ers, attorneys, sanitarians, nurses,
621+laboratory personnel, admin istrative, clerical and technical help,
622+investigators, aides and other perso nnel and help, either on a full -
623+time, part-time, fee or contractual basis, as shall be deemed by the
624+Commissioner necessary, expedient, convenient or appro priate to the
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651+performance or carrying out of any of the purposes, objectives or
652+provisions of this Co de, or to assist the Commissioner in the
653+performance of official duties and functions.
654+4. Cause investigations, inq uiries and inspections to be made,
655+and hold hearings and issue o rders pursuant to the provisions of the
656+Administrative Procedures Act, to en force and make effective the
657+provisions of this Code, and all rules and standards adopted by the
658+State Board of Health Commissioner pursuant to law and the
659+Commissioner or the representative of the Commissioner shall have
660+the right of access to any premise s for such purpose at any
661+reasonable time, upon presentation of identification.
662+5. Authorize persons in the State D epartment of Health to
663+conduct investigations, inqui ries and hearings, and to perform other
664+acts that the Commissioner is authorized or requ ired to conduct or
665+perform personally.
666+6. Except as otherwise provided by law, all civil and criminal
667+proceedings under this Code shall be initiated and prosecuted by the
668+district attorney where the violation takes place.
669+7. Issue subpoenas for the atten dance of witnesses and the
670+production of books and records at any hearing to be conducted by
671+the Commissioner or the State Board of Health ; and if a person
672+disobeys any such subpoena, or refuses to give evidence before, or
673+to allow books and records to be examined by, the Commissioner or
674+the Board after such person is directed to do so, the Commissioner
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701+may file a contempt proceeding in the district court of the county
702+in which the premises involved are situated, or, if no premises are
703+involved, of the coun ty in which such person resides or has a
704+principal place of business, and a judge of such court, after a
705+trial de novo, may punish the offending person for contempt.
706+8. Unless otherwise required by the terms of a federal grant,
707+sell, exchange or otherwise dispose of personal property that has
708+been acquired by the State Department of Health, or any of its
709+components, when such property becomes obsolete or is no longer
710+needed; any money derived therefrom shall be deposited in the Public
711+Health Special Fund.
712+9. Sell films, educational materials, biological products and
713+other items produced by the State Department of Healt h; and all
714+proceeds therefrom shall be deposited in the Public Health Special
715+Fund.
716+10. Revoke or cancel, or suspend for any period up to o ne (1)
717+year, any license or permit issued under or pursuant to this Code,
718+or by the Commissioner, when the Commissio ner determines that ground
719+therefor as prescribed by this Code exists, or that the holder of
720+such license or permit has violated any law, or any of the
721+provisions of this Code, or any rules or standards of the State
722+Board of Health Commissioner filed with the Secretary of State, but
723+the Commissioner shall first afford the holder an opportunity to
724+show cause why the license or permit should not be revoked, canceled
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751+or suspended, notice of such opportunity to be given by certified
752+United States Mail to the ho lder of the license or permit at the
753+last-known address of such holder.
754+11. Accept, use, disburse and administer grants, allotments,
755+gifts, devises, bequests, appropriations and other monies and
756+property offered or given to the State Department of Health, or any
757+component or agency thereof, by any agency of the federa l
758+government, or any corporation or individual.
182759 12. Be the official agency of the State of Oklahoma in all
183760 matters relating to public health which require or authorize
184761 cooperation of the Stat e of Oklahoma with the federal government or
185762 any agency thereof; coordinate the activities of the State
186763 Department of Health with those of t he federal government or any
187764 department or agency thereof, and with other states, on matters
188765 pertaining to public he alth, and enter into agreements for such
189766 purpose, and may accept , use, disburse and administer, for the
190767 office of the Commissioner or for th e State Department of Health,
191768 for any purpose designated and on the terms and conditions thereof,
192769 grants of money, personnel and property from the federal government
193770 or any department or agency thereof, or from any state or state
194771 agency, or from any other source, to promote and carry on in this
195772 state any program relating to the public health or the control of
196773 disease, and enter into agreements for such purposes.
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799+
198800 13. The State Commi ssioner of Health may appoint commissioned
199801 peace officers, certified by the Council on Law Enforcement
200802 Education and Training, to investigate violations of the Public
201803 Health Code and to provid e security to Department facilities.
202-
203-14. Pursuant to Section 2 of this act, the State Commissioner
204-of Health shall appoint a Chief Medica l Officer who reports directly
205-to the State Commissioner of Health .
206-
207-SECTION 2. NEW LAW A new section of law to be codified
208-in the Oklahoma Statutes as Section 1-106.4 of Title 63, unless
209-there is created a duplication in numbering, reads as follows:
210-
211-A. The Chief Medical Officer shall serve at the discretion and
212-pleasure of the State Commissioner of Health.
213-
214-B. The Chief Medical Officer must:
215-
216-1. Be a resident of the State of Oklahoma; and
217-
218-2. Be licensed and in good standing as a medi cal doctor or
219-doctor of osteopathy in Oklahoma.
220-
221-
222-ENR. S. B. NO. 709 Page 6
223-C. With the approval of the State Commissioner of Health, the
224-Chief Medical Officer may maintain a clinical practice to re tain
225-expertise and remain current in his or her specialized field.
226-
227-D. The Chief Medical Officer may:
228-
229-1. Advise the Commissioner and agency staff in all matters
230-related to public health and effective delivery of public health
231-services;
232-
233-2. Provide professional judg ment, medical and public health
234-guidance to the Commissioner a nd other department leadership to
235-ensure that health policy and program resource allocation decisions
236-are medically appropriate, that timely prevention actions are taken ,
237-and that policy reflects sound medical and public health principles
238-and priorities;
239-
240-3. Actively participate in the development of the agency
241-strategic goals and the state public he alth improvement plan; and
242-
243-4. Perform other duties as assigned by the Commissioner.
244-
245-SECTION 3. It being immediately n ecessary for the preservation
246-of the public peace, health or safety, an emergency is hereby
247-declared to exist, by reason whereof this act shall take effect and
248-be in full force from and after its passage and approval.
249-
250-
251-ENR. S. B. NO. 709 Page 7
252-Passed the Senate the 25th day of April, 2022.
804+Passed the Senate the 14th day of March, 2022.
253805
254806
255807
256808 Presiding Officer of the Senate
257809
258810
259-Passed the House of Representatives the 20th day of April, 2022.
811+Passed the House of Representatives the ____ day of __________,
812+2022.
260813
261814
262815
263816 Presiding Officer of the House
264817 of Representatives
265818
266-OFFICE OF THE GOVERNOR
267-Received by the Office of the Governor this _______ _____________
268-day of _________________ __, 20_______, at _______ o'clock _______ M.
269-By: _______________________________ __
270-Approved by the Governor of the S tate of Oklahoma this _________
271-day of _________________ __, 20_______, at _______ o'clock _______ M.
272819
273- _________________________________
274- Governor of the State of Oklahoma
275-
276-
277-OFFICE OF THE SECRETARY OF STATE
278-Received by the Office of the Secretary of State this __________
279-day of __________________, 20 _______, at _______ o'clock _______ M.
280-By: _______________________________ __