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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 1860 By: Treat of the Senate
and
Hilbert of the House
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 .
AUTHOR: Add the following House Coauthor: West (Kevin)
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"[ state government - office holders - notification
to successor when absent from the state -
codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes a s Section 8.20 of Title 74, unless there
is created a duplication in numbering, reads as follows:
Prior to being absent from th e state, every office holder listed
in the line of succession provided in Section 15 of Article V I of
the Oklahoma Constitution shall provide electronic notificati on to
his or her successor indicating the start date and time of the
absence and the anticipa ted return date and time.
SECTION 2. This act shall become effective November 1, 2024."
Passed the House of Representatives the 25th day of April, 2024.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2024.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 1860 By: Treat of the Senate
and
Hilbert of the House
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 STATE OF OKLAHOMA:
SECTION 3. 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 t he Oklahoma Constitution
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 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 o f 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 Govern or is absent from the sta te. 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 th e 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 S ection 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 Commissio n and Insurance
Commissioner, transmits to the President Pro Tempore of the 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, with its
compensation, shall devolve upon the Lieutenant Governor or other
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 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 sectio n 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 determination 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 Legislature convenes, then a copy of the r esolution
shall be transmitted immediately 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 C ourt
determines that the Governor is unable 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 successor. If
the Supreme Court determines that the Governor is abl e, 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 pro visions of this act section, and
a majority of the committee provided in subsection B of this section
transmits to the President P ro 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 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 4. It being immediately necessary for the preservation
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 and after its passage and approval.
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Passed the Senate the 14t h day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives