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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 1463 By: Patzkowsky
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38	38	AS INTRODUCED
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40	40	An Act relating to officers; amending 51 O.S. 2021,
41	41	Section 6, which relates to dual office holding;
42	42	providing exemption for persons residing in counties
43	43	based on specified po pulation; providing exception
44	44	for county commissioner; and providing an effective
45	45	date.
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54	54	BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY 51 O.S . 2021, Section 6, is
56	56	amended to read as follows :
57	57	Section 6. A. Except as may be otherwise provided, no person
58	58	holding an office under the laws of the state and no deputy of any
59	59	officer so holding any office shall, during the person 's term of
60	60	office, hold any other office or be the deputy of any offic er
61	61	holding any office, under the laws of the state. Th e provisions of
62	62	this section shall not apply to:
63	63	1. Notaries public;
64	64	2. Members of the State Textbook Committee;
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91	91	3. County free fair board me mbers;
92	92	4. Municipal and county law enforcement officers serving in
93	93	positions as law enforcement officers of bot h such governmental
94	94	entities upon such terms and conditions as are mutually approved by
95	95	resolutions adopted by the board of county commissioners and
96	96	governing body of the municipality employing such of ficers;
97	97	5. Any person holding a county or municipal of fice or position,
98	98	or membership on any public trust authority, who is a member of a
99	99	board or commission that relates to federal, state, county o r
100	100	municipal government and is created by the United State s government,
101	101	the State of Oklahoma or a political subd ivision of the state,
102	102	except where the duties of the offices or positions conflict;
103	103	6. Any elected municipal officers and school board members who
104	104	are appointed to a state board, commission, or simila r entity if
105	105	there is no compensation for such services other than reimbursement
106	106	for necessary travel expenses pursuant to the provisions of the
107	107	State Travel Reimbursement Act;
108	108	7. Any trustee of a pu blic trust, who is appointed as a trustee
109	109	of a different public trust or any trustee of the Tulsa County
110	110	Public Facilities Authority who may also be employed by the
111	111	Department of Transportation;
112	112	8. Law enforcement officers employed by municipal or county law
113	113	enforcement departments or agencies, other than those law
114	114	enforcement officers elected or appointed as sheri ff, chief of
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141	141	police or some similar position in which they are the head of a
142	142	county or municipal law enforcement agency, who are elected to loca l
143	143	boards of education; provided, the provisions of this p aragraph
144	144	shall not prohibit any law enforcement officer employed by a
145	145	municipality having a population of ten thousand (10,000) or fewer
146	146	people from serving as a member of a local board of education;
147	147	9. Any member of the Oklahoma Highway Patrol Division o f the
148	148	Department of Public Safety who is elected to a l ocal board of
149	149	education;
150	150	10. Any employee of the Oklahoma State Bureau of Investigation
151	151	who is elected to a local board of education;
152	152	11. Any District Supervisor, Assistant District Supervisor,
153	153	Team Supervisor, Parole Officer 1 or Parole Officer 2 of the
154	154	Department of Corrections who is elected or appointed to a city
155	155	council;
156	156	12. Any trustee or director of a rural electric cooperative, or
157	157	port authority who is appointed or elected to a state, county or
158	158	municipal board, commission or similar entity;
159	159	13. County employees who are elected as members of town or city
160	160	councils;
161	161	14. Municipal, county, state or tribal law enforcement or peace
162	162	officers operating under cross-deputization agreements with an
163	163	Indian tribe or branch of the federal government;
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190	190	15. Municipal or county law enforcement or peace officers
191	191	serving in positions as campus police officers or campus public
192	192	safety officers pursuant to t he provisions of the Oklahoma Campus
193	193	Security Act, upon s uch terms and conditions as are mutually
194	194	approved by resolution adopted by the governing body of the
195	195	municipality or county and the governing bo ard of the institution of
196	196	higher education;
197	197	16. State law enforcement or peace officers serving in
198	198	positions as campus police officers or campus public safety officer s
199	199	pursuant to the provisions of the Oklahoma Campus Security Act, upon
200	200	such terms and conditions as are mutually approved by written
201	201	agreement between the Commissioner of Public Safety and the
202	202	governing board of the institution of higher education;
203	203	17. Municipal, county and state law enforcement officers
204	204	serving in positions as part -time or seasonal rangers or peace
205	205	officers under the Oklahoma To urism and Recreation Department or the
206	206	Grand River Dam Authority;
207	207	18. Members of the University Hospitals Autho rity;
208	208	19. Any person holding a state or county office or position who
209	209	is a reserve force deputy sheriff, or a reserve special agent with
210	210	the Oklahoma State Bureau of Narcotics and Dangerous Drugs Cont rol
211	211	or a reserve municipal police officer;
212	212	20. Any person holding a state office or position who serves as
213	213	a special assistant district attorne y without compensation;
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240	240	21. Any elected or appointed m ember of a local school board who
241	241	is a member of a munici pal planning commission;
242	242	22. Any elected or appointed member of a local school board who
243	243	is a member or an officer of a volunteer fire departme nt;
244	244	23. Directors or officers of a rural water distric t and chiefs
245	245	of municipal fire departments or rural fire districts who are
246	246	appointed or elected to an unsalaried office in a state, county,
247	247	municipal, school, or technology center school board, commiss ion, or
248	248	similar entity, except where the duties of the office would create a
249	249	conflict of interest;
250	250	24. Any person who is a dispatcher or confinement officer at a
251	251	municipal or county jail who is a noncompensated reserve municipal
252	252	police officer or a reserv e deputy sheriff;
253	253	25. Any person who is an assistant d istrict attorney serving as
254	254	a municipal judge or prosecut or;
255	255	26. Any park ranger under the Oklahoma Tourism and Recreation
256	256	Department or any game warden or reserve game warden employed by the
257	257	Department of Wildlife Conservation who is elected or appointed to a
258	258	local board of education or to a municipal governin g body, board,
259	259	commission or similar entity;
260	260	27. Members of the Oklahoma State University Medical Center
261	261	Authority, the Oklahoma State Universi ty Medical Trust or the State
262	262	Board of Osteopathic Exam iners;
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289	289	28. Any member of the state Legislature or any st ate officer
290	290	who serves on the board of trustees of the Oklahoma School for the
291	291	Visual and Performing Arts;
292	292	29. Members of the Council on Judic ial Complaints; and
293	293	30. Any person who is a state empl oyee but not a member of the
294	294	state military forces, includ ing district attorneys, assistant
295	295	district attorneys, district court judges, associate district court
296	296	judges and special judges, when detailed as a military trial judge
297	297	pursuant to Section 826 of Ti tle 44 of the Oklahoma Statutes or when
298	298	serving as an appellate military judge pursuant to Section 866 of
299	299	Title 44 of the Oklahoma Statutes when the Military Court of Appeals
300	300	is convened. The rules of procedure prescribed by the State Judge
301	301	Advocate pursuant to subsection L of Section 866 of Title 44 of the
302	302	Oklahoma Statutes shall define what constitutes the Milita ry Court
303	303	of Appeals being "convened" for purposes of this paragraph.
304	304	The provisions of th is section shall not prohibit any person
305	305	holding an office under the laws of the state or any deputy of any
306	306	officer so holding any office from serving upon the board o f
307	307	Oklahoma Futures or upon the board of directors of the Oklahoma
308	308	Center for the Advancem ent of Science and Technology. The
309	309	provisions of this section shall not prohibit a member of the board
310	310	of directors of the Oklahoma Center for the Advancement of Scie nce
311	311	and Technology from serving upon the board of Oklahoma Futures.
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338	338	B. In addition to any exemption otherwise provided for by this
339	339	section, if a person holds a public office, elected or non-elected,
340	340	and resides in a county with a population of less than twenty-five
341	341	thousand (25,000) persons according to the Federal Decennial Census
342	342	or most recent population update, the person may hold one other
343	343	office with respect to the county in which the person resides or
344	344	with respect to any o ther governmental entity related to county
345	345	government, municipal government located within such county , or
346	346	other units of government located within such county if the second
347	347	position is not an elected office. The provisions of this
348	348	subsection shall not be applicable to a county commissioner and no
349	349	county commissioner shall be authorized to perform the duties of any
350	350	office other than the office of county commissioner.
351	351	C. Except as provided in subsection C D of this section,
352	352	salaries, emoluments or benefits that would otherwise be paid by the
353	353	agency or political subdivision to a loaned employee or officer
354	354	shall instead be paid to the regular employer of such employee. The
355	355	loaned employee shall in turn be paid regular salary and be nefits
356	356	the same as if continuing regular employment with the permanent
357	357	employer.
358	358	C. D. Any person excepted pursuant to paragraph 30 of subsection
359	359	A of this section, when retained as a military trial judge or when
360	360	serving as a military appellate judge when the Military Court of
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387	387	Appeals is convened, shall be entitled to military judicial leave in
388	388	accordance with Section 209 of Title 4 4 of the Oklahoma Statutes.
389	389	SECTION 2. This act shall become e ffective November 1, 2023.
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391	391	59-1-7098 MAH 01/17/23

Oklahoma 2024 Regular Session

Oklahoma House Bill HB1463 Compare Versions