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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1463 By: Patzkowsky
AS INTRODUCED
An Act relating to officers; amending 51 O.S. 2021,
Section 6, which relates to dual office holding;
providing exemption for persons residing in counties
based on specified po pulation; providing exception
for county commissioner; and providing an effective
date.
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S . 2021, Section 6, is
amended to read as follows :
Section 6. A. Except as may be otherwise provided, no person
holding an office under the laws of the state and no deputy of any
officer so holding any office shall, during the person 's term of
office, hold any other office or be the deputy of any offic er
holding any office, under the laws of the state. Th e provisions of
this section shall not apply to:
1. Notaries public;
2. Members of the State Textbook Committee;
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3. County free fair board me mbers;
4. Municipal and county law enforcement officers serving in
positions as law enforcement officers of bot h such governmental
entities upon such terms and conditions as are mutually approved by
resolutions adopted by the board of county commissioners and
governing body of the municipality employing such of ficers;
5. Any person holding a county or municipal of fice or position,
or membership on any public trust authority, who is a member of a
board or commission that relates to federal, state, county o r
municipal government and is created by the United State s government,
the State of Oklahoma or a political subd ivision of the state,
except where the duties of the offices or positions conflict;
6. Any elected municipal officers and school board members who
are appointed to a state board, commission, or simila r entity if
there is no compensation for such services other than reimbursement
for necessary travel expenses pursuant to the provisions of the
State Travel Reimbursement Act;
7. Any trustee of a pu blic trust, who is appointed as a trustee
of a different public trust or any trustee of the Tulsa County
Public Facilities Authority who may also be employed by the
Department of Transportation;
8. Law enforcement officers employed by municipal or county law
enforcement departments or agencies, other than those law
enforcement officers elected or appointed as sheri ff, chief of
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police or some similar position in which they are the head of a
county or municipal law enforcement agency, who are elected to loca l
boards of education; provided, the provisions of this p aragraph
shall not prohibit any law enforcement officer employed by a
municipality having a population of ten thousand (10,000) or fewer
people from serving as a member of a local board of education;
9. Any member of the Oklahoma Highway Patrol Division o f the
Department of Public Safety who is elected to a l ocal board of
education;
10. Any employee of the Oklahoma State Bureau of Investigation
who is elected to a local board of education;
11. Any District Supervisor, Assistant District Supervisor,
Team Supervisor, Parole Officer 1 or Parole Officer 2 of the
Department of Corrections who is elected or appointed to a city
council;
12. Any trustee or director of a rural electric cooperative, or
port authority who is appointed or elected to a state, county or
municipal board, commission or similar entity;
13. County employees who are elected as members of town or city
councils;
14. Municipal, county, state or tribal law enforcement or peace
officers operating under cross-deputization agreements with an
Indian tribe or branch of the federal government;
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15. Municipal or county law enforcement or peace officers
serving in positions as campus police officers or campus public
safety officers pursuant to t he provisions of the Oklahoma Campus
Security Act, upon s uch terms and conditions as are mutually
approved by resolution adopted by the governing body of the
municipality or county and the governing bo ard of the institution of
higher education;
16. State law enforcement or peace officers serving in
positions as campus police officers or campus public safety officer s
pursuant to the provisions of the Oklahoma Campus Security Act, upon
such terms and conditions as are mutually approved by written
agreement between the Commissioner of Public Safety and the
governing board of the institution of higher education;
17. Municipal, county and state law enforcement officers
serving in positions as part -time or seasonal rangers or peace
officers under the Oklahoma To urism and Recreation Department or the
Grand River Dam Authority;
18. Members of the University Hospitals Autho rity;
19. Any person holding a state or county office or position who
is a reserve force deputy sheriff, or a reserve special agent with
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Cont rol
or a reserve municipal police officer;
20. Any person holding a state office or position who serves as
a special assistant district attorne y without compensation;
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21. Any elected or appointed m ember of a local school board who
is a member of a munici pal planning commission;
22. Any elected or appointed member of a local school board who
is a member or an officer of a volunteer fire departme nt;
23. Directors or officers of a rural water distric t and chiefs
of municipal fire departments or rural fire districts who are
appointed or elected to an unsalaried office in a state, county,
municipal, school, or technology center school board, commiss ion, or
similar entity, except where the duties of the office would create a
conflict of interest;
24. Any person who is a dispatcher or confinement officer at a
municipal or county jail who is a noncompensated reserve municipal
police officer or a reserv e deputy sheriff;
25. Any person who is an assistant d istrict attorney serving as
a municipal judge or prosecut or;
26. Any park ranger under the Oklahoma Tourism and Recreation
Department or any game warden or reserve game warden employed by the
Department of Wildlife Conservation who is elected or appointed to a
local board of education or to a municipal governin g body, board,
commission or similar entity;
27. Members of the Oklahoma State University Medical Center
Authority, the Oklahoma State Universi ty Medical Trust or the State
Board of Osteopathic Exam iners;
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28. Any member of the state Legislature or any st ate officer
who serves on the board of trustees of the Oklahoma School for the
Visual and Performing Arts;
29. Members of the Council on Judic ial Complaints; and
30. Any person who is a state empl oyee but not a member of the
state military forces, includ ing district attorneys, assistant
district attorneys, district court judges, associate district court
judges and special judges, when detailed as a military trial judge
pursuant to Section 826 of Ti tle 44 of the Oklahoma Statutes or when
serving as an appellate military judge pursuant to Section 866 of
Title 44 of the Oklahoma Statutes when the Military Court of Appeals
is convened. The rules of procedure prescribed by the State Judge
Advocate pursuant to subsection L of Section 866 of Title 44 of the
Oklahoma Statutes shall define what constitutes the Milita ry Court
of Appeals being "convened" for purposes of this paragraph.
The provisions of th is section shall not prohibit any person
holding an office under the laws of the state or any deputy of any
officer so holding any office from serving upon the board o f
Oklahoma Futures or upon the board of directors of the Oklahoma
Center for the Advancem ent of Science and Technology. The
provisions of this section shall not prohibit a member of the board
of directors of the Oklahoma Center for the Advancement of Scie nce
and Technology from serving upon the board of Oklahoma Futures.
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B. In addition to any exemption otherwise provided for by this
section, if a person holds a public office, elected or non-elected,
and resides in a county with a population of less than twenty-five
thousand (25,000) persons according to the Federal Decennial Census
or most recent population update, the person may hold one other
office with respect to the county in which the person resides or
with respect to any o ther governmental entity related to county
government, municipal government located within such county , or
other units of government located within such county if the second
position is not an elected office. The provisions of this
subsection shall not be applicable to a county commissioner and no
county commissioner shall be authorized to perform the duties of any
office other than the office of county commissioner.
C. Except as provided in subsection C D of this section,
salaries, emoluments or benefits that would otherwise be paid by the
agency or political subdivision to a loaned employee or officer
shall instead be paid to the regular employer of such employee. The
loaned employee shall in turn be paid regular salary and be nefits
the same as if continuing regular employment with the permanent
employer.
C. D. Any person excepted pursuant to paragraph 30 of subsection
A of this section, when retained as a military trial judge or when
serving as a military appellate judge when the Military Court of
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Appeals is convened, shall be entitled to military judicial leave in
accordance with Section 209 of Title 4 4 of the Oklahoma Statutes.
SECTION 2. This act shall become e ffective November 1, 2023.
59-1-7098 MAH 01/17/23