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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1860 By: Treat
AS INTRODUCED
An Act relating to state government; amending 74 O.S.
2021, Section 8, which relates to the powers and
duties of the Governor; making language gender
neutral; requiring certain notification when the
Governor is absent from the state; updating statutory
reference; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 8, is
amended to read as follows:
Section 8. A. 1. 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 Constitution
if the Governor transmits to the President Pro Tempore of the Senate
and the Speaker of the House of Repr esentatives his a written
declaration that he or she is unable to discharge the powers and
duties of his the Office. The Lieutenant Governor or other
successor shall hold the Office until the Governor transmits to the
President Pro Tempore of the Senate and the Speaker of the House of
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Representatives a written declaration that he or she is able to
perform the powers and duties of his the Office.
2. The Governor being absent from the state shall be deemed a
temporary inability to discharge the powers and d uties of the
Office. Notification, as provided in this subsection, shall be
required when the Governor is absent from the state. At least
twenty-four (24) hours prior to the Governor being absent from the
state, the Governor shall provide electronic notification to the
Lieutenant Governor of his or her plans to be absent from the state,
indicating the start date and time and the anticipated return date
and time in such notification. The notification required by this
subsection shall also be required of t he acting Governor, when he or
she is absent from the state, and follow the line of succes sion
pursuant to the provisions of Section 15 of Article VI of the
Oklahoma Constitution, or as may be provided by law .
B. If a majority of a committee, comprised of the State 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 an d the Governor its
written declaration that the Governor is unable to discharge the
powers and duties of his the Office, then the Office, with its
compensation, shall de volve upon the Lieutenant Governor or oth er
successor in forty-eight (48) hours unless the Governor transmits to
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the President Pro Tempore of the Senate, the Speaker of the Hous e 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 pro vided
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 unable to
perform the powers and duties of his the 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 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 Legislature within seventy -two (72)
hours after the Legislat ure convenes, then a co py 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 prefe rence and with priority over all other
matters, under such rules as it shall adopt. If th e Supreme Court
determines that the Governor is unable to perform the powers an d
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duties of his the Office, then the Office, with its compensation,
shall devolve upon the Lieutenant Governor or other s uccessor. If
the Supreme Court determines that the Gove rnor is able, then he or
she shall continue to hold the Office.
E. If the Office has devolved upon the Lieutenant Governor or
other successor pursuant to the provisi ons of this act section, 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 perform the powers and duties of his the Office,
then the Supreme Court shall determine the issu e pursuant to the
provisions of subsection D of this section.
F. When the Office has devolved upon the Lieutenant Governor or
other successor, the provisions of this act section shall also apply
to the person holding the Office.
SECTION 2. It being immediately necessary for the preservation
of the public peace, heal th or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from a nd after its passage and approval.
59-2-2829 BG 1/17/2024 7:02:55 PM