1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1860 By: Treat
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6 AS INTRODUCED
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7 An Act relating to state government; amending 74 O.S.
7 2021, Section 8, which relates to the powers and
8 duties of the Governor; making language gender
8 neutral; requiring certain notification when the
9 Governor is absent from the state; updating statutory
9 reference; and declaring an emergency.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 74 O.S. 2021, Section 8, is
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14 amended to read as follows:
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15 Section 8. A. 1. The Office of Governor, with its
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16 compensation, shall devolve upon the Lieutenant Governor or the
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17 person who is next in succession to the Office pursuant to the
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18 provisions of Section 15 of Article VI of the Oklahoma Constitution
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19 if the Governor transmits to the President Pro Tempore of the Senate
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20 and the Speaker of the House of Representatives his a written
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21 declaration that he or she is unable to discharge the powers and
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22 duties of his the Office. The Lieutenant Governor or other
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23 successor shall hold the Office until the Governor transmits to the
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24 President Pro Tempore of the Senate and the Speaker of the House of
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 1 Representatives a written declaration that he or she is able to
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2 perform the powers and duties of his the Office.
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3 2. The Governor being absent from the state shall be deemed a
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4 temporary inability to discharge the powers and duties of the
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5 Office. Notification, as provided in this subsection, shall be
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6 required when the Governor is absent from the state. At least
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7 twenty-four (24) hours prior to the Governor being absent from the
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8 state, the Governor shall provide electronic notification to the
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9 Lieutenant Governor of his or her plans to be absent from the state,
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10 indicating the start date and time and the anticipated return date
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11 and time in such notification. The notification required by this
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12 subsection shall also be required of the acting Governor, when he or
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13 she is absent from the state, and follow the line of succession
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14 pursuant to the provisions of Section 15 of Article VI of the
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15 Oklahoma Constitution, or as may be provided by law.
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16 B. If a majority of a committee, comprised of the State Auditor
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17 and Inspector, State Treasurer, Superintendent of Public
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18 Instruction, Chairman of the Corporation Commission and Insurance
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19 Commissioner, transmits to the President Pro Tempore of the Senate,
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20 the Speaker of the House of Representatives and the Governor its
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21 written declaration that the Governor is unable to discharge the
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22 powers and duties of his the Office, then the Office, with its
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23 compensation, shall devolve upon the Lieutenant Governor or other
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24 successor in forty-eight (48) hours unless the Governor transmits to
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 1 the President Pro Tempore of the Senate, the Speaker of the House of
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2 Representatives and the members of the committee a written
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3 declaration to the contrary within the same forty-eight-hour time
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4 period.
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5 C. If, within forty-eight (48) hours after the Governor
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6 transmits such a declaration, a majority of the committee provided
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7 in subsection B of this section transmits to the President Pro
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8 Tempore of the Senate and the Speaker of the House of
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9 Representatives a written declaration that the Governor is unable to
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10 perform the powers and duties of his the Office, then the
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11 Legislature shall convene within seventy-two (72) hours. If a
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12 resolution declaring probable justification for a determination that
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13 inability exists is not adopted by two-thirds (2/3) of the members
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14 of each house of the Legislature within seventy-two (72) hours after
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15 the Legislature convenes, then the Governor shall continue to hold
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16 the Office.
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17 If such a resolution is adopted by two-thirds (2/3) of the
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18 members of each house of the Legislature within seventy-two (72)
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19 hours after the Legislature convenes, then a copy of the resolution
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20 shall be transmitted immediately to the Supreme Court.
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21 D. The Supreme Court shall determine the issue of the inability
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22 of the Governor, by preference and with priority over all other
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23 matters, under such rules as it shall adopt. If the Supreme Court
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24 determines that the Governor is unable to perform the powers and
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 1 duties of his the Office, then the Office, with its compensation,
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2 shall devolve upon the Lieutenant Governor or other successor. If
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3 the Supreme Court determines that the Governor is able, then he or
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4 she shall continue to hold the Office.
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5 E. If the Office has devolved upon the Lieutenant Governor or
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6 other successor pursuant to the provisions of this act section, and
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7 a majority of the committee provided in subsection B of this section
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8 transmits to the President Pro Tempore of the Senate and the Speaker
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9 of the House of Representatives a written declaration that the
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10 Governor is able to perform the powers and duties of his the Office,
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11 then the Supreme Court shall determine the issue pursuant to the
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12 provisions of subsection D of this section.
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13 F. When the Office has devolved upon the Lieutenant Governor or
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14 other successor, the provisions of this act section shall also apply
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15 to the person holding the Office.
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16 SECTION 2. It being immediately necessary for the preservation
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17 of the public peace, health or safety, an emergency is hereby
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18 declared to exist, by reason whereof this act shall take effect and
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19 be in full force from and after its passage and approval.
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21 59-2-2829 BG 1/17/2024 7:02:55 PM
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