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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 4133 By: Swope
AS INTRODUCED
An Act relating to state government; amending 74 O.S.
2021, Section 8, which relates to the Office of the
Governor; requiring Governor to notify certain
officials of absence; providing requirements of
notification; and providing an ef fective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 8, is
amended to read as follows:
Section 8. A. The Office of Governor, with its compensation,
shall devolve upon the Lieutenant Governor or the person who is next
in succession to the Office pursuant to the provisions of Section 15
of Article VI of the Oklahoma C onstitution if the Governor transmi ts
to the President Pro Tempore of the Senate and the Speaker of the
House of Representatives his written declaration that he is unable
to discharge the powers and duties of his Office. The Lieutenant
Governor or other successor shall hold the Office unti l the Governor
transmits to the President Pro Tempore of the Senate and the Speaker
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of the House of Representatives a written declaration that he is
able to perform the powers and duties of h is Office.
B. If a majority of a committee, comprised of the Sta te Auditor
and Inspector, State Treasurer, Superintendent of Public
Instruction, Chairman of the Corporation Commission and Insurance
Commissioner, transmits to the President Pro Tempore of t he Senate,
the Speaker of the House of Representatives and the Go vernor its
written declaration that the Governor is unable to discharge the
powers and duties of his Office, then the Office, with its
compensation, shall devolve upon the Lieutenant Governor or other
successor in forty-eight (48) hours unless the Governor transmits to
the President Pro Tempore of the Senate, the Speaker of the House of
Representatives and the members of the committee a written
declaration to the contrary within the same forty -eight-hour time
period.
C. If, within forty-eight (48) hours after the Governor
transmits such a declaration, a majority of the committee provided
in subsection B of this section transmits to the President Pro
Tempore of the Senate and the Speaker of the House of
Representatives a wr itten declaration that the Governor is unable to
perform the powers and duties of his Office, then the Legislature
shall convene within seventy -two (72) hours. If a resolution
declaring probable justification for a determinat ion that inability
exists is not adopted by two-thirds (2/3) of the members of each
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house of the Legislature within seventy -two (72) hours after the
Legislature convenes, then the Governor shall continue to hold the
Office.
If such a resolution is adopted by two-thirds (2/3) of the
members of each house of the Legislatu re within seventy-two (72)
hours after the Legislature convenes, then a copy of the resolution
shall be transmitted immediately to the Supreme Court.
D. The Supreme Court shall determine the issue of the inability
of the Governor, by preference and with p riority over all other
matters, under such rules as it shall adopt. If the Supreme Court
determines that the Governor is unable to perform the powers and
duties of his Office, then the Offic e, with its compensation, shal l
devolve upon the Lieutenant Gover nor or other successor. If the
Supreme Court determines that the Governor is able, then he shall
continue to hold the Office.
E. If the Office has devolved upon the Lieutenant Governor or
other successor pursuant to the provisions of this act, and a
majority of the committee provided in subsection B of this section
transmits to the President Pro Tempore of the Senate and the Speaker
of the House of Representatives a written declaration that the
Governor is able to perfor m the powers and duties of his Offi ce,
then the Supreme Court shall determine the issue pursuant to the
provisions of subsection D of this section.
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F. When the Office has devolved upon the Lieutenant Governor or
other successor, the provisions of this act shall also apply to the
person holding the Office.
G. The Office of the Governor shall provide timely notification
to the Lieutenant Governor and the Secretary of State in the event
of planned or unplanned absence s from office. The notification
shall include details regarding the duratio n and reason for the
absence.
SECTION 2. This act shall become effective November 1, 2024.
59-2-8518 LRB 12/21/23