Oklahoma 2024 Regular Session

Oklahoma House Bill HB3557 Compare Versions

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3		-	SENATE FLOOR VERSION - HB3557 SFLR Page 1
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	3	+	ENGR. H. B. NO. 3557 Page 1 1
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 3557 By: Kendrix of the House
35	30
36	31		and
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38	33		Weaver of the Senate
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43	38		An Act relating to officers; amending 51 O.S. 2021 ,
44	39		Section 6, which relates to dual office ho lding;
45	40		providing for service by law enforcement officer for
46	41		multiple jurisdictions; providing for agreement or
47	42		memorandum of understanding; providing for population
48	43		limit; providing for determination of population
49	44		based on designated date; and providing an effec tive
50	45		date.
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55	50		BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
56	51		SECTION 1. AMENDATORY 51 O.S. 2021, Section 6, is
57	52		amended to read as follows:
58	53		Section 6. A. Except as may be otherwise provided, no person
59	54		holding an office under the laws of the state a nd no deputy of any
60	55		officer so holding any office shall, during the person 's term of
61	56		office, hold any other office or be the deputy of any officer
62	57		holding any office, und er the laws of the state. The provisions of
63	58		this section shall not apply to:
64	59		1. Notaries public;
65	60		2. Members of the State Textbook Committee;
	61	+	3. County free fair board me mbers;
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67		-	SENATE FLOOR VERSION - HB3557 SFLR Page 2
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	63	+	ENGR. H. B. NO. 3557 Page 2 1
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93		-	3. County free fair board members;
94	88		4. Municipal and county law enforcement officers serving in
95	89		positions as law enforcement officers of both such governmental
96	90		entities upon such terms and conditio ns as are mutually ap proved by
97	91		resolutions adopted by the board of county commissioners and
98	92		governing body of the municipality employing such officers;
99	93		5. Any person holding a county or municipal office or position,
100	94		or membership on any public trust autho rity, who is a member of a
101	95		board or commission that relates to federal, state, county o r
102	96		municipal government and is created by the United States government,
103	97		the State of Oklahoma or a political subdivision of the state,
104	98		except where the duties of the offi ces or positions conf lict;
105	99		6. Any elected municipal officers and school board members w ho
106	100		are appointed to a state board, commission, or similar entity if
107	101		there is no compensation for such services other than reimbursement
108	102		for necessary travel expenses pu rsuant to the provisi ons of the
109	103		State Travel Reimbursement Act;
110	104		7. Any trustee of a pu blic trust, who is appointed as a trustee
111	105		of a different public trust or any trustee of the Tulsa County
112	106		Public Facilities Authority who may also be employed by the
113	107		Department of Transportat ion;
114	108		8. Law enforcement officers employed by municipal or county l aw
115	109		enforcement departments or agencies, other than those law
116	110		enforcement officers elected or appointed as sheriff, chief of
	111	+	police or some similar position in which the y are the head of a
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118		-	SENATE FLOOR VERSION - HB3557 SFLR Page 3
119		-	(Bold face denotes Committee Amendments) 1
	113	+	ENGR. H. B. NO. 3557 Page 3 1
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144		-	police or some similar posi tion in which they are the head of a
145	138		county or municipal law enforcement agency, who are elected to loca l
146	139		boards of education; provided, the provisions of this paragraph
147	140		shall not prohibit any law enforcement officer employed by a
148	141		municipality having a population of ten th ousand (10,000) or fe wer
149	142		people from serving as a member of a local board of education;
150	143		9. Any member of the Oklahoma Highway Patrol Division of the
151	144		Department of Public Safety who is elected to a local board of
152	145		education;
153	146		10. Any employee of the Oklahom a State Bureau of Inv estigation
154	147		who is elected to a local board of education;
155	148		11. Any District Supervisor, Assistant District Supervisor,
156	149		Team Supervisor, Parole Officer 1 or Parole Officer 2 of the
157	150		Department of Corrections who is elected or appointed to a city
158	151		council;
159	152		12. Any trustee or director of a rural electric cooperative, or
160	153		port authority who is appointed or elected to a state, county or
161	154		municipal board, commis sion or similar entity;
162	155		13. County employees who are elected as members of town or ci ty
163	156		councils;
164	157		14. Municipal, county, state or tribal law enforcement or peace
165	158		officers operating under cross -deputization agreements with an
166	159		Indian tribe or branch of the f ederal government;
	160	+	15. Municipal or county law enforcement or peace officers
	161	+	serving in positions as cam pus police officers or campus public
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168		-	SENATE FLOOR VERSION - HB3557 SFLR Page 4
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	163	+	ENGR. H. B. NO. 3557 Page 4 1
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194		-	15. Municipal or county law enforcement or peace officers
195		-	serving in positions as campus police officers or campus public
196	188		safety officers pursuant to th e provisions of the Oklahoma Campus
197	189		Security Act, upon such terms and conditions a s are mutually
198	190		approved by resolution adopted by the governing body of the
199	191		municipality or county and the g overning board of the institution of
200	192		higher education;
201	193		16. State law enforcement or peace officers serving in
202	194		positions as campus police officers or c ampus public safety officers
203	195		pursuant to the provisions of the Oklahoma Campus Secur ity Act, upon
204	196		such terms and conditions as are mutually approved by written
205	197		agreement between the Commissioner of Public Safety and the
206	198		governing board of the institution of higher education;
207	199		17. Municipal, county and state law enforcement officers
208	200		serving in positions as par t-time or seasonal rangers or peace
209	201		officers under the Oklahoma To urism and Recreation Department or the
210	202		Grand River Dam Authority;
211	203		18. Members of the University Hospitals Authority;
212	204		19. Any person holding a state or county office or position who
213	205		is a reserve force deputy sheriff, or a reserve special agent with
214	206		the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
215	207		or a reserve municipal police officer;
216	208		20. Any person holding a state office or position who serves as
217	209		a special assistant distr ict attorney without compensation;
	210	+	21. Any elected or appointed m ember of a local school board who
	211	+	is a member of a municipal planning commission;
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219		-	SENATE FLOOR VERSION - HB3557 SFLR Page 5
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	213	+	ENGR. H. B. NO. 3557 Page 5 1
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245		-	21. Any elected or appointed member of a local school board who
246		-	is a member of a municipal planning commission;
247	238		22. Any elected or appointed member of a local school board who
248	239		is a member or an offi cer of a volunteer fi re department;
249	240		23. Directors or officers of a rural water district and chiefs
250	241		of municipal fire departments or rural fire districts who are
251	242		appointed or elected to an unsalaried office in a state, county,
252	243		municipal, school, or technol ogy center school boa rd, commission, or
253	244		similar entity, except where the duties of the office would create a
254	245		conflict of interest;
255	246		24. Any person who is a dispatcher or co nfinement officer at a
256	247		municipal or county jail who is a noncompensated reserve muni cipal
257	248		police officer or a reserve deputy sheriff;
258	249		25. Any person who is an assistant di strict attorney serving as
259	250		a municipal judge or prosecutor;
260	251		26. Any park ranger u nder the Oklahoma Tourism and Recreation
261	252		Department or any game warden or reserve game warden employed by t he
262	253		Department of Wildlife Conservation who is elected or appointed to a
263	254		local board of education or to a municipal governing body, board,
264	255		commission or similar entity;
265	256		27. Members of the Oklahoma State University Medical Center
266	257		Authority, the Oklahoma Sta te University Medical Trust or the State
267	258		Board of Osteopathic Exami ners;
	259	+	28. Any member of the state Legislature or any state officer
	260	+	who serves on the board of trustees of the Oklahoma School for the
	261	+	Visual and Performing Arts;
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269		-	SENATE FLOOR VERSION - HB3557 SFLR Page 6
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	263	+	ENGR. H. B. NO. 3557 Page 6 1
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295		-	28. Any member of the state Legislature or any state officer
296		-	who serves on the board of trustees of the Oklahoma School for the
297		-	Visual and Performing Arts;
298	288		29. Members of the Counci l on Judicial Complaints; and
299	289		30. Any person who is a state empl oyee but not a member of the
300	290		state military forces, including district attorneys, assi stant
301	291		district attorneys, district court judges, associate district court
302	292		judges and special judges, when detailed as a military trial judge
303	293		pursuant to Section 826 of Titl e 44 of the Oklahoma Statutes or when
304	294		serving as an appellate military judge pursuan t to Section 866 of
305	295		Title 44 of the Oklahoma Statutes when the Military Court of App eals
306	296		is convened. The rules of procedure prescribed by the State Judge
307	297		Advocate pursuant to subsection L of Section 866 of Title 44 of the
308	298		Oklahoma Statutes shall define w hat constitutes the Military Court
309	299		of Appeals being "convened" for purposes of this paragraph; and
310	300		31. Any person who performs services as a law enforcement
311	301		officer:
312	302		a. for no more than two (2) municipalities neither of
313	303		which shall have a population in excess of eight
314	304		thousand (8,000) persons according to the Federal
315	305		Decennial Census or most recent population estimate if
316	306		the municipalities have entered into an agreement or
317	307		memorandum of understanding regarding the services to
	308	+	be performed by the officer an d any matters related to
	309	+	compensation or benefits, or
	310	+	b. for no more than one county the population of which is
	311	+	not greater than twenty-five thousand (25,000) persons
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319		-	SENATE FLOOR VERSION - HB3557 SFLR Page 7
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	313	+	ENGR. H. B. NO. 3557 Page 7 1
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345		-	be performed by the officer and any matters related to
346		-	compensation or benefits , or
347		-	b. for no more than one county the population of which is
348		-	not greater than twenty-five thousand (25,000) persons
349	338		and one municipality the population of which is not
350	339		greater than eight thousand (8,000) persons both such
351	340		populations to be determined according to the Federal
352	341		Decennial Census or most recent population estimate if
353	342		the county and the municipality have entered into an
354	343		agreement or memorandum of understanding regarding the
355	344		services to be perform ed by the officer and any
356	345		matters related to compensation or benefits.
357	346		For purposes of this paragraph, the population of any county and
358	347		any municipality shall be determined as of the date of the agreement
359	348		or memorandum of understanding and subsequent increases in
360	349		population which occur during the term of the agreement or
361	350		memorandum of understanding shall not be the basis for termination
362	351		of such agreement or the basis for any proceeding to invalidate the
363	352		agreement.
364	353		The provisions of this section shall not pr ohibit any person
365	354		holding an office under the laws of the state or any deputy of any
366	355		officer so holding a ny office from serving upon the board of
367	356		Oklahoma Futures or upon t he board of directors of the Oklah oma
368	357		Center for the Advancement of Science and Tech nology. The
	358	+	provisions of this section shall not prohibit a member of the board
	359	+	of directors of the Okla homa Center for the Advancement of Science
	360	+	and Technology from serv ing upon the board of Oklahoma Fut ures.
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370		-	SENATE FLOOR VERSION - HB3557 SFLR Page 8
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	362	+	ENGR. H. B. NO. 3557 Page 8 1
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396		-	provisions of this section shall not prohibit a member of the board
397		-	of directors of the Oklahoma Center for the Advancement of Science
398		-	and Technology from serving upon the board of Oklahoma Futures.
399	387		B. Except as provided in subsection C of th is section,
400	388		salaries, emoluments or benefits that would otherwise be paid by the
401	389		agency or political subd ivision to a loaned employee or officer
402	390		shall instead be paid to th e regular employer of such employe e. The
403	391		loaned employee shall in turn be paid regu lar salary and benefits
404	392		the same as if continuing regular employment with the perman ent
405	393		employer.
406	394		C. Any person excepted pursuant to paragraph 30 of subsection A
407	395		of this section, when retained as a militar y trial judge or when
408	396		serving as a military appell ate judge when the Military Court of
409	397		Appeals is convened, shall be entitled to milit ary judicial leave in
410	398		accordance with Section 209 of Title 44 of the Oklahoma Statutes.
411	399		SECTION 2. This act shall become effective November 1, 2024.
412		-	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
413		-	March 28, 2024 - DO PASS
	400	+	Passed the House of Representatives the 4th day of March, 2024.
	401	+
	402	+
	403	+
	404	+
	405	+	Presiding Officer of the House
	406	+	of Representatives
	407	+
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	409	+
	410	+	Passed the Senate the ___ day of __________, 2024.
	411	+
	412	+
	413	+
	414	+
	415	+	Presiding Officer of the Senate
	416	+