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