Bill Text For HB1463 - Introduced

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 59th Legislature (2023)                |
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 3|HOUSE BILL 1463                      By: Patzkowsky                    |
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 6|                            AS INTRODUCED                              |
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 7|       An Act relating to officers; amending 51 O.S. 2021,             |
  |       Section 6, which relates to dual office holding;                |
 8|       providing exemption for persons residing in counties            |
  |       based on specified population; providing exception              |
 9|       for county commissioner; and providing an effective             |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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15|    SECTION 1.     AMENDATORY     51 O.S. 2021, Section 6, is          |
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16|amended to read as follows:                                            |
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17|    Section 6.  A.  Except as may be otherwise provided, no person     |
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18|holding an office under the laws of the state and no deputy of any     |
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19|officer so holding any office shall, during the person's term of       |
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20|office, hold any other office or be the deputy of any officer          |
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21|holding any office, under the laws of the state.  The provisions of    |
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22|this section shall not apply to:                                       |
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23|    1.  Notaries public;                                               |
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24|    2.  Members of the State Textbook Committee;                       |
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   Req. No. 7098                                                   Page 1
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 1|    3.  County free fair board members;                                |
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 2|    4.  Municipal and county law enforcement officers serving in       |
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 3|positions as law enforcement officers of both such governmental        |
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 4|entities upon such terms and conditions as are mutually approved by    |
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 5|resolutions adopted by the board of county commissioners and           |
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 6|governing body of the municipality employing such officers;            |
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 7|    5.  Any person holding a county or municipal office or position,   |
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 8|or membership on any public trust authority, who is a member of a      |
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 9|board or commission that relates to federal, state, county or          |
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10|municipal government and is created by the United States government,   |
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11|the State of Oklahoma or a political subdivision of the state,         |
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12|except where the duties of the offices or positions conflict;          |
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13|    6.  Any elected municipal officers and school board members who    |
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14|are appointed to a state board, commission, or similar entity if       |
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15|there is no compensation for such services other than reimbursement    |
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16|for necessary travel expenses pursuant to the provisions of the        |
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17|State Travel Reimbursement Act;                                        |
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18|    7.  Any trustee of a public trust, who is appointed as a trustee   |
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19|of a different public trust or any trustee of the Tulsa County         |
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20|Public Facilities Authority who may also be employed by the            |
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21|Department of Transportation;                                          |
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22|    8.  Law enforcement officers employed by municipal or county law   |
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23|enforcement departments or agencies, other than those law              |
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24|enforcement officers elected or appointed as sheriff, chief of         |
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   Req. No. 7098                                                   Page 2
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 1|police or some similar position in which they are the head of a        |
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 2|county or municipal law enforcement agency, who are elected to local   |
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 3|boards of education; provided, the provisions of this paragraph        |
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 4|shall not prohibit any law enforcement officer employed by a           |
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 5|municipality having a population of ten thousand (10,000) or fewer     |
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 6|people from serving as a member of a local board of education;         |
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 7|    9.  Any member of the Oklahoma Highway Patrol Division of the      |
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 8|Department of Public Safety who is elected to a local board of         |
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 9|education;                                                             |
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10|    10.  Any employee of the Oklahoma State Bureau of Investigation    |
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11|who is elected to a local board of education;                          |
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12|    11.  Any District Supervisor, Assistant District Supervisor,       |
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13|Team Supervisor, Parole Officer 1 or Parole Officer 2 of the           |
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14|Department of Corrections who is elected or appointed to a city        |
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15|council;                                                               |
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16|    12.  Any trustee or director of a rural electric cooperative, or   |
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17|port authority who is appointed or elected to a state, county or       |
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18|municipal board, commission or similar entity;                         |
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19|    13.  County employees who are elected as members of town or city   |
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20|councils;                                                              |
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21|    14.  Municipal, county, state or tribal law enforcement or peace   |
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22|officers operating under cross-deputization agreements with an         |
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23|Indian tribe or branch of the federal government;                      |
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   Req. No. 7098                                                   Page 3
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 1|    15.  Municipal or county law enforcement or peace officers         |
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 2|serving in positions as campus police officers or campus public        |
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 3|safety officers pursuant to the provisions of the Oklahoma Campus      |
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 4|Security Act, upon such terms and conditions as are mutually           |
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 5|approved by resolution adopted by the governing body of the            |
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 6|municipality or county and the governing board of the institution of   |
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 7|higher education;                                                      |
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 8|    16.  State law enforcement or peace officers serving in            |
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 9|positions as campus police officers or campus public safety officers   |
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10|pursuant to the provisions of the Oklahoma Campus Security Act, upon   |
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11|such terms and conditions as are mutually approved by written          |
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12|agreement between the Commissioner of Public Safety and the            |
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13|governing board of the institution of higher education;                |
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14|    17.  Municipal, county and state law enforcement officers          |
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15|serving in positions as part-time or seasonal rangers or peace         |
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16|officers under the Oklahoma Tourism and Recreation Department or the   |
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17|Grand River Dam Authority;                                             |
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18|    18.  Members of the University Hospitals Authority;                |
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19|    19.  Any person holding a state or county office or position who   |
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20|is a reserve force deputy sheriff, or a reserve special agent with     |
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21|the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control     |
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22|or a reserve municipal police officer;                                 |
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23|    20.  Any person holding a state office or position who serves as   |
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24|a special assistant district attorney without compensation;            |
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   Req. No. 7098                                                   Page 4
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 1|    21.  Any elected or appointed member of a local school board who   |
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 2|is a member of a municipal planning commission;                        |
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 3|    22.  Any elected or appointed member of a local school board who   |
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 4|is a member or an officer of a volunteer fire department;              |
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 5|    23.  Directors or officers of a rural water district and chiefs    |
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 6|of municipal fire departments or rural fire districts who are          |
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 7|appointed or elected to an unsalaried office in a state, county,       |
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 8|municipal, school, or technology center school board, commission, or   |
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 9|similar entity, except where the duties of the office would create a   |
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10|conflict of interest;                                                  |
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11|    24.  Any person who is a dispatcher or confinement officer at a    |
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12|municipal or county jail who is a noncompensated reserve municipal     |
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13|police officer or a reserve deputy sheriff;                            |
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14|    25.  Any person who is an assistant district attorney serving as   |
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15|a municipal judge or prosecutor;                                       |
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16|    26.  Any park ranger under the Oklahoma Tourism and Recreation     |
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17|Department or any game warden or reserve game warden employed by the   |
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18|Department of Wildlife Conservation who is elected or appointed to a   |
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19|local board of education or to a municipal governing body, board,      |
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20|commission or similar entity;                                          |
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21|    27.  Members of the Oklahoma State University Medical Center       |
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22|Authority, the Oklahoma State University Medical Trust or the State    |
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23|Board of Osteopathic Examiners;                                        |
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   Req. No. 7098                                                   Page 5
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 1|    28.  Any member of the state Legislature or any state officer      |
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 2|who serves on the board of trustees of the Oklahoma School for the     |
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 3|Visual and Performing Arts;                                            |
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 4|    29.  Members of the Council on Judicial Complaints; and            |
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 5|    30.  Any person who is a state employee but not a member of the    |
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 6|state military forces, including district attorneys, assistant         |
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 7|district attorneys, district court judges, associate district court    |
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 8|judges and special judges, when detailed as a military trial judge     |
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 9|pursuant to Section 826 of Title 44 of the Oklahoma Statutes or when   |
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10|serving as an appellate military judge pursuant to Section 866 of      |
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11|Title 44 of the Oklahoma Statutes when the Military Court of Appeals   |
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12|is convened.  The rules of procedure prescribed by the State Judge     |
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13|Advocate pursuant to subsection L of Section 866 of Title 44 of the    |
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14|Oklahoma Statutes shall define what constitutes the Military Court     |
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15|of Appeals being "convened" for purposes of this paragraph.            |
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16|    The provisions of this section shall not prohibit any person       |
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17|holding an office under the laws of the state or any deputy of any     |
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18|officer so holding any office from serving upon the board of           |
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19|Oklahoma Futures or upon the board of directors of the Oklahoma        |
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20|Center for the Advancement of Science and Technology.  The             |
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21|provisions of this section shall not prohibit a member of the board    |
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22|of directors of the Oklahoma Center for the Advancement of Science     |
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23|and Technology from serving upon the board of Oklahoma Futures.        |
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   Req. No. 7098                                                   Page 6
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 1|    B.  In addition to any exemption otherwise provided for by this    |
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 2|section, if a person holds a public office, elected or non-elected,    |
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 3|and resides in a county with a population of less than twenty-five     |
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 4|thousand (25,000) persons according to the Federal Decennial Census    |
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 5|or most recent population update, the person may hold one other        |
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 6|office with respect to the county in which the person resides or       |
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 7|with respect to any other governmental entity related to county        |
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 8|government, municipal government located within such county, or        |
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 9|other units of government located within such county if the second     |
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10|position is not an elected office.  The provisions of this             |
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11|subsection shall not be applicable to a county commissioner and no     |
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12|county commissioner shall be authorized to perform the duties of any   |
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13|office other than the office of county commissioner.                   |
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14|    C.  Except as provided in subsection C D of this section,          |
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15|salaries, emoluments or benefits that would otherwise be paid by the   |
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16|agency or political subdivision to a loaned employee or officer        |
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17|shall instead be paid to the regular employer of such employee.  The   |
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18|loaned employee shall in turn be paid regular salary and benefits      |
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19|the same as if continuing regular employment with the permanent        |
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20|employer.                                                              |
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21|    C. D. Any person excepted pursuant to paragraph 30 of subsection   |
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22|A of this section, when retained as a military trial judge or when     |
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23|serving as a military appellate judge when the Military Court of       |
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   Req. No. 7098                                                   Page 7
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 1|Appeals is convened, shall be entitled to military judicial leave in   |
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 2|accordance with Section 209 of Title 44 of the Oklahoma Statutes.      |
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 3|    SECTION 2.  This act shall become effective November 1, 2023.      |
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 5|    59-1-7098      MAH    01/17/23                                     |
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   Req. No. 7098                                                   Page 8
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