| 44 | 45 | | |
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| 45 | 46 | | An Act relating to dual office -holding; amending 51 |
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| 46 | 47 | | O.S. 2021, Section 6, which relates to exemptions; |
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| 47 | 48 | | adding exemption for campus police officers serving |
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| 48 | 49 | | in certain offices; updating statutory language; |
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| 49 | 50 | | updating statutory reference; and providing an |
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| 50 | 51 | | effective date. |
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| 51 | 52 | | |
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| 52 | 53 | | |
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| 53 | 54 | | |
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| 54 | 55 | | |
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| 55 | 56 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 56 | 57 | | SECTION 1. AMENDATORY 51 O.S. 2021, Section 6, is |
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| 57 | 58 | | amended to read as follows: |
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| 58 | 59 | | Section 6. A. Except as may be otherwise provided, no person |
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| 59 | 60 | | holding an office under the laws of the state and no deputy of any |
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| 60 | 61 | | officer so holding any office shall, during the person ’s term of |
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| 61 | 62 | | office, hold any other office or be the deputy of any officer |
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| 62 | 63 | | holding any office, under the laws of the state. The provisions of |
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| 63 | 64 | | this section shall not apply to: |
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| 64 | 65 | | 1. Notaries public; |
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| 93 | 93 | | 3. County free fair board members; |
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| 94 | 94 | | 4. Municipal and county law enforce ment officers serving in |
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| 95 | 95 | | positions as law enforcement officers of both such governmental |
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| 96 | 96 | | entities upon such terms and conditions as are mutual ly approved by |
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| 97 | 97 | | resolutions adopted by the board of county c ommissioners and |
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| 98 | 98 | | governing body of the municipality employing such officers; |
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| 99 | 99 | | 5. Any person holding a county or municipal office or position, |
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| 100 | 100 | | or membership on any public trust authority, who is a m ember of a |
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| 101 | 101 | | board or commission that relates to federal, state, county , or |
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| 102 | 102 | | municipal government and is created by t he United States government, |
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| 103 | 103 | | the State of Oklahoma this state or a political subdivision of the |
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| 104 | 104 | | this state, except where the duties of the off ices or positions |
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| 105 | 105 | | conflict; |
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| 106 | 106 | | 6. Any elected municipal offic ers and school board members who |
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| 107 | 107 | | are appointed to a state board, commission, or similar entity if |
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| 108 | 108 | | there is no compensation for such services other than reimbursement |
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| 109 | 109 | | for necessary travel expenses p ursuant to the provisions of the |
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| 110 | 110 | | State Travel Reimbursement Act; |
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| 111 | 111 | | 7. Any trustee of a public trust, who is appoint ed as a trustee |
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| 112 | 112 | | of a different public trust or any trustee of the Tulsa County |
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| 113 | 113 | | Public Facilities Authority who may also be employed by the |
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| 114 | 114 | | Department of Transportation; |
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| 144 | 143 | | enforcement officers elected or appointed as sheriff, chief of |
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| 145 | 144 | | police, or some similar position in which t hey are the head of a |
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| 146 | 145 | | county or municipal law enforcement agency, who are elected to local |
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| 147 | 146 | | boards of education; pr ovided, the provisions of this paragraph |
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| 148 | 147 | | shall not prohibit any law enforcement officer employed by a |
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| 149 | 148 | | municipality having a population of ten thousand (10,000) or fewer |
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| 150 | 149 | | people from serving as a member of a local board of education; |
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| 151 | 150 | | 9. Any member of the Oklahoma Highway Patrol Division of the |
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| 152 | 151 | | Department of Public Safety who is elected to a local board of |
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| 153 | 152 | | education; |
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| 154 | 153 | | 10. Any employee of the Oklah oma State Bureau of Investigation |
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| 155 | 154 | | who is elected to a local board of education; |
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| 156 | 155 | | 11. Any District Supervisor, Assi stant District Supervisor, |
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| 157 | 156 | | Team Supervisor, Parole Officer 1 , or Parole Officer 2 of the |
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| 158 | 157 | | Department of Corrections who is elected or appointed to a city |
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| 159 | 158 | | council; |
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| 160 | 159 | | 12. Any trustee or director of a rural electric cooperative, or |
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| 161 | 160 | | port authority who is appointed or elected to a state, county , or |
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| 162 | 161 | | municipal board, commission , or similar entity; |
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| 163 | 162 | | 13. County employees who are elected as members of town or city |
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| 164 | 163 | | councils; |
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| 195 | 193 | | 15. Municipal or county law enforcement or peace officers |
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| 196 | 194 | | serving in positions as campus police officers or campus pu blic |
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| 197 | 195 | | safety officers pursuant to the provisions of the Oklahoma Campus |
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| 198 | 196 | | Security Act, upon such terms and conditions as are mutually |
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| 199 | 197 | | approved by resolution adopted by the governing body of the |
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| 200 | 198 | | municipality or county and the governing board of the institution of |
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| 201 | 199 | | higher education; |
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| 202 | 200 | | 16. State law enforcement or pe ace officers serving in |
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| 203 | 201 | | positions as campus police officers or campus public safety officers |
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| 204 | 202 | | pursuant to the provisions of the Oklahoma Campus Security Act, upon |
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| 205 | 203 | | such terms and conditions as are mutual ly approved by written |
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| 206 | 204 | | agreement between the Commissioner of Public Safety and the |
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| 207 | 205 | | governing board of the institution of higher education; |
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| 208 | 206 | | 17. Municipal, county , and state law enforcement officers |
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| 209 | 207 | | serving in positions as part -time or seasonal rangers or peace |
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| 210 | 208 | | officers under the Oklahoma Tourism and Recreation Department or the |
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| 211 | 209 | | Grand River Dam Authority; |
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| 212 | 210 | | 18. Members of the University Hospitals Authority; |
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| 213 | 211 | | 19. Any person holding a state or county of fice or position who |
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| 214 | 212 | | is a reserve force deputy sheriff, or a reserve special agent with |
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| 246 | 243 | | 21. Any elected or appointed member of a local sch ool board who |
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| 247 | 244 | | is a member of a municipal planning commission; |
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| 248 | 245 | | 22. Any elected or appointed member of a local school board who |
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| 249 | 246 | | is a member or an officer of a volunteer fire department; |
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| 250 | 247 | | 23. Directors or officers of a rural water district and chiefs |
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| 251 | 248 | | of municipal fire departments or rural fire districts who are |
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| 252 | 249 | | appointed or elected to an unsalaried office in a state, county, |
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| 253 | 250 | | municipal, school, or technology center school board, commission, or |
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| 254 | 251 | | similar entity, except where the duties of the office would create a |
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| 255 | 252 | | conflict of interest; |
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| 256 | 253 | | 24. Any person who is a dispatcher or confinement officer at a |
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| 257 | 254 | | municipal or county jail who is a noncompensated reser ve municipal |
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| 258 | 255 | | police officer or a reserve deputy sheriff; |
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| 259 | 256 | | 25. Any person who is an assistant district attorney serving as |
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| 260 | 257 | | a municipal judge or prosecutor; |
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| 261 | 258 | | 26. Any park ranger under the Oklahoma Tourism and Recreation |
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| 262 | 259 | | Department or any game warden or reser ve game warden employed by the |
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| 263 | 260 | | Department of Wildlife Conservation who is elected or appointed to a |
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| 264 | 261 | | local board of education or to a municipal governing body, board, |
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| 265 | 262 | | commission, or similar entity; |
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| 296 | 292 | | 28. Any member of the state Legislature or any state officer |
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| 297 | 293 | | who serves on the board of trustees of the Oklahoma School for the |
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| 298 | 294 | | Visual and Performing Ar ts; |
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| 299 | 295 | | 29. Members of the Council on Judicial Complaints; |
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| 300 | 296 | | 30. A campus police officer who is elected as a member of the |
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| 301 | 297 | | governing board of a town or municipality that is outside of the |
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| 302 | 298 | | town or municipality where the person serves as a campus police |
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| 303 | 299 | | officer; and |
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| 304 | 300 | | 30. 31. Any person who is a state employee but not a member of |
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| 305 | 301 | | the state military forces, including district attorneys, assistant |
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| 306 | 302 | | district attorneys, district court judges, associate district court |
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| 307 | 303 | | judges, and special judges, when detailed as a milit ary trial judge |
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| 308 | 304 | | pursuant to Section 826 of Title 44 of the Oklahoma Statutes or when |
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| 309 | 305 | | serving as an appellate milit ary judge pursuant to Section 866 of |
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| 310 | 306 | | Title 44 of the Oklahoma Statutes when the Military Court of Appeals |
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| 311 | 307 | | is convened. The rules of procedure prescribed by the State Judge |
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| 312 | 308 | | Advocate pursuant to subsect ion L of Section 866 of Title 44 of the |
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| 313 | 309 | | Oklahoma Statutes shall define what constitutes the Military Court |
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| 314 | 310 | | of Appeals being “convened” for purposes of this paragraph. |
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| 315 | 311 | | The provisions of this section shall not prohibit any person |
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| 316 | 312 | | holding an office under the laws of the state or any deputy of any |
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| 347 | 342 | | provisions of this section shall not prohibit a member of the board |
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| 348 | 343 | | of directors of the Oklahoma Center for the Advancement of Science |
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| 349 | 344 | | and Technology from serving upon the board of Oklahoma Futures. |
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| 350 | 345 | | B. Except as provided in subse ction C of this section, |
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| 351 | 346 | | salaries, emoluments , or benefits that would otherwise be paid by |
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| 352 | 347 | | the agency or political subdivision to a loaned employee or officer |
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| 353 | 348 | | shall instead be paid to the regular employer of such employee. The |
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| 354 | 349 | | loaned employee shall in tur n be paid regular salary and benefits |
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| 355 | 350 | | the same as if continuing regular employment with the permanent |
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| 356 | 351 | | employer. |
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| 357 | 352 | | C. Any person excepted pursuant to paragraph 30 31 of |
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| 358 | 353 | | subsection A of this secti on, when retained as a military trial |
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| 359 | 354 | | judge or when serving as a military appellate judge when the |
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| 360 | 355 | | Military Court of Appeals is convened, shall be entitled to military |
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| 361 | 356 | | judicial leave in accordance with Section 209 of Title 44 of the |
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| 362 | 357 | | Oklahoma Statutes. |
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| 363 | 358 | | SECTION 2. This act shall become effective Novembe r 1, 2025. |
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