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SENATE FLOOR VERSION
March 28, 2024
ENGROSSED HOUSE
BILL NO. 3557 By: Kendrix of the House
and
Weaver of the Senate
An Act relating to officers; amending 51 O.S. 2021,
Section 6, which relates to dual office holding;
providing for service by law enforcement officer for
multiple jurisdictions; providing for agreement or
memorandum of understanding ; providing for population
limit; providing for determination of population
based on designated date ; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE 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 a nd 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 officer
holding any office, under the laws of the state. The provisions of
this section shall not a pply to:
1. Notaries public;
2. Members of the State Textbook Committee;
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3. County free fair board members;
4. Municipal and county law enforcement officers serving in
positions as law enforcement officers of both such governmental
entities upon such terms and conditio ns as are mutually approved by
resolutions adopted by the board of county commissioners and
governing body of the municipality employing such officers;
5. Any person holding a county or municipal office or position,
or membership on any p ublic trust authority, who is a member of a
board or commission that relates to federal, state, county or
municipal government and is created by the United States government,
the State of Oklahoma or a political subdivision of the state,
except where the duties of the offi ces or positions conflict;
6. Any elected municipal officers and school board members who
are appointed to a state board, commission, or similar 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 public 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 sheriff, chief of
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police or some similar posi tion in which they are the head of a
county or municipal law enforcement agency, who are elected to local
boards of education; provided, the provisions of this paragraph
shall not prohibit any law enforcement officer employed by a
municipality having a population of ten th ousand (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 of the
Department of Public Safety who is elected to a local 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 memb ers 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 the provisions of the Oklahoma Campus
Security Act, upon such terms and conditions as are mutually
approved by resolution adopted by the governing body o f the
municipality or county and the governing board of the institution of
higher education;
16. State law enforcement or peace officers serving in
positions as campus police officers or campus public safety officers
pursuant to the provisions of the Oklahoma Campus Secur ity 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 enforcemen t officers
serving in positions as part -time or seasonal rangers or peace
officers under the Oklahoma Tourism and Recreation Department or the
Grand River Dam Authority;
18. Members of the University Hospitals Authority;
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 Control
or a reserve municipal police officer;
20. Any person holding a state office or position w ho serves as
a special assistant district attorney without compensation;
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21. Any elected or appointed member of a local school board who
is a member of a municipal planning commission;
22. Any elected or appointed member of a local school board who
is a member or an offi cer of a volunteer fire department;
23. Directors or officers of a rural water district 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, commission, 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 muni cipal
police officer or a reserve deputy sheriff;
25. Any person who is an assistant district attorney serving as
a municipal judge or prosecutor;
26. Any park ranger under the Oklahoma Tourism and Recreation
Department or any game warde n 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 governing body, board,
commission or similar entity;
27. Members of the Oklahoma State University Medical Center
Authority, the Oklahoma State University Medical Trust or the State
Board of Osteopathic Examiners;
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28. Any member of the state Legislature or any state officer
who serves on the board of trustees of the Oklahoma School for the
Visual and Performing Arts;
29. Members of the Council on Judicial Complaints; and
30. Any person who is a state employee but not a member of the
state military forces, including 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 Title 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 Mili tary 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 Military Court
of Appeals being "convened" for purposes of this paragraph; and
31. Any person who performs services as a law enforcement
officer:
a. for no more than two (2) municipalities neither of
which shall have a population in excess of eight
thousand (8,000) persons according to the Federal
Decennial Census or most recent population estimate if
the municipalities have entered into an agreement or
memorandum of understanding regarding the services to
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be performed by the officer and any matters related to
compensation or benefits , or
b. for no more than one county the population of which is
not greater than twenty-five thousand (25,000) persons
and one municipality the population of which is not
greater than eight thousand (8,000) persons both such
populations to be determined according to the Federal
Decennial Census or most recent population estimate if
the county and the municipality have entered into an
agreement or memorandum of understanding regarding the
services to be performed by the officer and any
matters related to compensation or benefits.
For purposes of this paragraph, the population of any county and
any municipality shall be determined as of the date of the agreement
or memorandum of understanding and subsequent increases in
population which occur during the term of the agreement or
memorandum of understanding shall not be the basis for termination
of such agreement or the basis for any proceeding to invalidate the
agreement.
The provisions of this 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 of
Oklahoma Futures or upon the board of directors of the Oklahoma
Center for the Advancement of Science and Technology. The
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provisions of this section shall not prohibit a member of the board
of directors of the Oklahoma Center for the Advancement of Science
and Technology from serving upon the board of Oklahoma Futures.
B. Except as provided in subsection C 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 benefits
the same as if continuing regular employmen t with the permanent
employer.
C. 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
Appeals is convened, shall be entitled to milit ary judicial leave in
accordance with Section 209 of Title 44 of the Oklahoma Statutes.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
March 28, 2024 - DO PASS