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SENATE FLOOR VERSION
February 15, 2024
SENATE BILL NO. 1860 By: Treat
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 no tification 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 Co nstitution
if the Governor transmits to the President Pro Tempore of the Senate
and the Speaker of the House of Representatives his a written
declaration that he or she is unable to discharge the powers and
duties of his the Office. The Lieutenant Governo r 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 a nd duties 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 the acting Governor, when he or
she is absent from the state, and follow the line of succession
pursuant to the provisions of Section 15 of A rticle VI of the
Oklahoma Constitutio n, 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 Insuranc e
Commissioner, transmits to the President Pro Tempore of t he Senate,
the Speaker of the House of Representative s and the Governor its
written declaration that the Governor is unable to discharge the
powers and duties of his the Office, then the Office, wi th its
compensation, shall devolve 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 House of
Representatives and the members of the commit tee 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 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 t wo-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 copy of the resolution
shall be transmitted immediat ely to the Supreme Court.
D. The Supreme Court shall determine the issue of the inability
of the Governor, by p reference and with priority over all other
matters, under such rules as it shall adopt. If the Supreme Court
determines that the Governor is un able to perform the powers and
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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 Governor is able, then he or
she shall continue to hol d the Office.
E. If the Office has devolved upon the Lieutenant Governor or
other successor pursuant to the pro visions 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 issue pursuant to the
provisions of subsection D of th is 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 preservat ion
of the public peace, health 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.
COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT
February 15, 2024 - DO PASS