Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1860 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	ENGR. H. A. to ENGR. S. B. NO. 1860 Page 1 1
	3	+	SB1860 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
4	5		2
5	6		3
6	7		4
7	8		5
8	9		6
9	10		7
10	11		8
11	12		9
12	13		10
13	14		11
14	15		12
15	16		13
16	17		14
17	18		15
18	19		16
19	20		17
20	21		18
21	22		19
22	23		20
23	24		21
24	25		22
25	26		23
26	27		24
27	28
28		-	ENGROSSED HOUSE AMENDME NT
29		-	TO
30		-	ENGROSSED SENATE BILL NO . 1860 By: Treat of the Senate
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR ENGROSSED
	37	+	SENATE BILL NO. 1860 By: Treat of the Senate
31	38
32	39		and
33	40
34		-	Hilbert of the House
35		-
36		-
37		-
38		-	An Act relating to state government; amending 74 O.S.
39		-	2021, Section 8, which relates to the powers and
40		-	duties of the Governor; making language gender
41		-	neutral; requiring certain notification when the
42		-	Governor is absent from the state; updating statutory
43		-	reference; and declaring an emergency .
	41	+	Hilbert and West (Kevin) of
	42	+	the House
44	43
45	44
46	45
47	46
	47	+	COMMITTEE SUBSTITUTE
48	48
49		-
50		-
51		-
52		-
53		-
54		-	AUTHOR: Add the following House Coauthor: West (Kevin)
55		-
56		-	AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
57		-	and insert:
58		-
59		-
60		-
61		-
62		-	"[ state government - office holders - notification
63		-	to successor when absent from the state -
64		-	codification - effective date ]
	49	+	An Act relating to state government; requiring
	50	+	certain office holders to provide notification to
	51	+	successor when absent from the state; providing for
	52	+	codification; and providing an effecti ve date.
65	53
66	54
67	55
68	56
69	57
70	58
71	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	60	+	SECTION 1. NEW LAW A new section of law to be codified
	61	+	in the Oklahoma Statutes a s Section 8.20 of Title 74, unless there
	62	+	is created a duplication in numbering, reads as follows:
	63	+	Prior to being absent from th e state, every office holder listed
	64	+	in the line of succession provided in Section 15 of Article V I of
	65	+	the Oklahoma Constitution shall provide electronic notificati on to
	66	+	his or her successor indicating the start date and time of the
	67	+	absence and the anticipa ted return date and time.
72	68
73		-	ENGR. H. A. to ENGR. S. B. NO. 1860 Page 2 1
	69	+	SB1860 HFLR Page 2
	70	+	BOLD FACE denotes Committee Amendments. 1
74	71		2
75	72		3
76	73		4
77	74		5
78	75		6
79	76		7
80	77		8
81	78		9
82	79		10
83	80		11
84	81		12
85	82		13
86	83		14
87	84		15
88	85		16
89	86		17
90	87		18
91	88		19
92	89		20
93	90		21
94	91		22
95	92		23
96	93		24
97	94
98		-	SECTION 1. NEW LAW A new section of law to be codified
99		-	in the Oklahoma Statutes a s Section 8.20 of Title 74, unless there
100		-	is created a duplication in numbering, reads as follows:
101		-	Prior to being absent from th e state, every office holder listed
102		-	in the line of succession provided in Section 15 of Article V I of
103		-	the Oklahoma Constitution shall provide electronic notificati on to
104		-	his or her successor indicating the start date and time of the
105		-	absence and the anticipa ted return date and time.
106		-	SECTION 2. This act shall become effective November 1, 2024."
	95	+	SECTION 2. This act shall become effective November 1, 2024.
107	96
108		-	Passed the House of Representatives the 25th day of April, 2024.
109		-
110		-
111		-
112		-
113		-
114		-	Presiding Officer of the House of
115		-	Representatives
116		-
117		-
118		-	Passed the Senate the ____ day of _______ ___, 2024.
119		-
120		-
121		-
122		-
123		-
124		-	Presiding Officer of the Senate
125		-
126		-
127		-	ENGR. S. B. NO. 1860 Page 1 1
128		-	2
129		-	3
130		-	4
131		-	5
132		-	6
133		-	7
134		-	8
135		-	9
136		-	10
137		-	11
138		-	12
139		-	13
140		-	14
141		-	15
142		-	16
143		-	17
144		-	18
145		-	19
146		-	20
147		-	21
148		-	22
149		-	23
150		-	24
151		-
152		-	ENGROSSED SENATE
153		-	BILL NO. 1860 By: Treat of the Senate
154		-
155		-	and
156		-
157		-	Hilbert of the House
158		-
159		-
160		-
161		-
162		-	An Act relating to state government; amending 74 O.S.
163		-	2021, Section 8, which relates to the powers and
164		-	duties of the Governor; making language gender
165		-	neutral; requiring certain notification when the
166		-	Governor is absent from the state; updating statutory
167		-	reference; and declaring an emergency .
168		-
169		-
170		-
171		-
172		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
173		-	SECTION 3. AMENDATORY 74 O.S. 2021, Section 8 , is
174		-	amended to read as follows:
175		-	Section 8. A. 1. The Office of Governor, with its
176		-	compensation, shall devolve upon the Lieutenant Governor or the
177		-	person who is next in succession to the Office pursuant to the
178		-	provisions of Section 15 of Article VI of t he Oklahoma Constitution
179		-	if the Governor transmits to the President Pro Tempore of the Senate
180		-	and the Speaker of the House of Representatives his a written
181		-	declaration that he or she is unable to discharge the powers and
182		-	duties of his the Office. The Lieutenant Governor or other
183		-	successor shall hold the Office until the Governor transmits to the
184		-	President Pro Tempore of the Senate and the Speaker of the House of
185		-
186		-	ENGR. S. B. NO. 1860 Page 2 1
187		-	2
188		-	3
189		-	4
190		-	5
191		-	6
192		-	7
193		-	8
194		-	9
195		-	10
196		-	11
197		-	12
198		-	13
199		-	14
200		-	15
201		-	16
202		-	17
203		-	18
204		-	19
205		-	20
206		-	21
207		-	22
208		-	23
209		-	24
210		-
211		-	Representatives a written declaration that he or she is able to
212		-	perform the powers and duties o f his the Office.
213		-	2. The Governor being absent from the state shall be deemed a
214		-	temporary inability to discharge the powers a nd duties of the
215		-	Office. Notification, as provided in this subsection, shall be
216		-	required when the Govern or is absent from the sta te. At least
217		-	twenty-four (24) hours prior to the Governor being absent from the
218		-	state, the Governor shall provide electronic notification to the
219		-	Lieutenant Governor of his or her plans to be absent from the state,
220		-	indicating the start date and time and th e anticipated return date
221		-	and time in such notification. The notification required by this
222		-	subsection shall also be required of the acting Governor, when he or
223		-	she is absent from the state, and follow the line of succession
224		-	pursuant to the provisions of S ection 15 of Article VI of the
225		-	Oklahoma Constitution, or as may be provided by law.
226		-	B. If a majority of a committee, comprised of the State Auditor
227		-	and Inspector, State Treasurer, Superintendent of Public
228		-	Instruction, Chairman of the Corporation Commissio n and Insurance
229		-	Commissioner, transmits to the President Pro Tempore of the Senate,
230		-	the Speaker of the House of Representative s and the Governor its
231		-	written declaration that the Governor is unable to discharge the
232		-	powers and duties of his the Office, then the Office, with its
233		-	compensation, shall devolve upon the Lieutenant Governor or other
234		-	successor in forty-eight (48) hours unless the Governor transmits to
235		-
236		-	ENGR. S. B. NO. 1860 Page 3 1
237		-	2
238		-	3
239		-	4
240		-	5
241		-	6
242		-	7
243		-	8
244		-	9
245		-	10
246		-	11
247		-	12
248		-	13
249		-	14
250		-	15
251		-	16
252		-	17
253		-	18
254		-	19
255		-	20
256		-	21
257		-	22
258		-	23
259		-	24
260		-
261		-	the President Pro Tempore of the Senate, the Speaker of the House of
262		-	Representatives and the members of the committee a written
263		-	declaration to the contrary within the same forty -eight-hour time
264		-	period.
265		-	C. If, within forty -eight (48) hours after the Governor
266		-	transmits such a declaration, a majority of the committee provided
267		-	in subsection B of this sectio n transmits to the President Pro
268		-	Tempore of the Senate and the Speaker of the House of
269		-	Representatives a written declaration that the Governor is unable to
270		-	perform the powers and duties of his the Office, then the
271		-	Legislature shall convene within seventy -two (72) hours. If a
272		-	resolution declaring probable justification for a determination that
273		-	inability exists is not adopted by t wo-thirds (2/3) of the members
274		-	of each house of the Legislature within seventy -two (72) hours after
275		-	the Legislature convenes, then the Governor shall continue to hold
276		-	the Office.
277		-	If such a resolution is adopted by two -thirds (2/3) of the
278		-	members of each house of the Legislature within seventy -two (72)
279		-	hours after the Legislature convenes, then a copy of the r esolution
280		-	shall be transmitted immediately to the Supreme Court.
281		-	D. The Supreme Court shall determine the issue of the inability
282		-	of the Governor, by p reference and with priority over all other
283		-	matters, under such rules as it shall adopt. If the Supreme C ourt
284		-	determines that the Governor is unable to perform the powers and
285		-
286		-	ENGR. S. B. NO. 1860 Page 4 1
287		-	2
288		-	3
289		-	4
290		-	5
291		-	6
292		-	7
293		-	8
294		-	9
295		-	10
296		-	11
297		-	12
298		-	13
299		-	14
300		-	15
301		-	16
302		-	17
303		-	18
304		-	19
305		-	20
306		-	21
307		-	22
308		-	23
309		-	24
310		-
311		-	duties of his the Office, then the Office, with its compensation,
312		-	shall devolve upon the Lieutenant Governor or other successor. If
313		-	the Supreme Court determines that the Governor is abl e, then he or
314		-	she shall continue to hold the Office.
315		-	E. If the Office has devolved upon the Lieutenant Governor or
316		-	other successor pursuant to the pro visions of this act section, and
317		-	a majority of the committee provided in subsection B of this section
318		-	transmits to the President P ro Tempore of the Senate and the Speaker
319		-	of the House of Representatives a written declaration that the
320		-	Governor is able to perform the powers and duties of his the Office,
321		-	then the Supreme Court shall determine the issue pursuant to the
322		-	provisions of subsection D of this section.
323		-	F. When the Office has devolved upon the Lieutenant Governor or
324		-	other successor, the provisions of this act section shall also apply
325		-	to the person holding the Office.
326		-	SECTION 4. It being immediately necessary for the preservation
327		-	of the public peace, health or safety, an emergency is hereby
328		-	declared to exist, by reason whereof this act shall take effect and
329		-	be in full force from and after its passage and approval.
330		-
331		-	ENGR. S. B. NO. 1860 Page 5 1
332		-	2
333		-	3
334		-	4
335		-	5
336		-	6
337		-	7
338		-	8
339		-	9
340		-	10
341		-	11
342		-	12
343		-	13
344		-	14
345		-	15
346		-	16
347		-	17
348		-	18
349		-	19
350		-	20
351		-	21
352		-	22
353		-	23
354		-	24
355		-
356		-	Passed the Senate the 14t h day of March, 2024.
357		-
358		-
359		-
360		-	Presiding Officer of the Senate
361		-
362		-
363		-	Passed the House of Representatives the ____ day of __________,
364		-	2024.
365		-
366		-
367		-
368		-	Presiding Officer of the House
369		-	of Representatives
370		-
371		-
	97	+	COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
	98	+	04/02/2024 - DO PASS, As Amended and Coauthored.