1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3557 By: Kendrix
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6 AS INTRODUCED
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7 An Act relating to officers; amending 51 O.S. 2021,
7 Section 6, which relates to dual office holding;
8 providing for service by law enforcement officer for
8 multiple jurisdictions; providing for agreement or
9 memorandum of understanding; providing for population
9 limit; providing for determination of population
10 based on designated date; and providing an effective
10 date.
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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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 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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 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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 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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 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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 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; and
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16 31. Any person who performs services as a law enforcement
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17 officer:
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18 a. for no more than two (2) municipalities neither of
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19 which shall have a population in excess of eight
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20 thousand (8,000) persons according to the federal
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21 Decennial Census or most recent population estimate if
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22 the municipalities have entered into an agreement or
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23 memorandum of understanding regarding the services to
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 1 be performed by the officer and any matters related to
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2 compensation or benefits, or
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3 b. for no more than one county the population of which is
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4 not greater than twenty-five thousand (25,000) persons
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5 and one municipality the population of which is not
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6 greater than eight thousand (8,000) persons both such
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7 populations to be determined according to the federal
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8 Decennial Census or most recent population estimate if
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9 the county and the municipality have entered into an
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10 agreement or memorandum of understanding regarding the
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11 services to be performed by the officer and any
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12 matters related to compensation or benefits.
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13 For purposes of this paragraph, the population of any
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14 county and any municipality shall be determined as of
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15 the date of the agreement or memorandum of
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16 understanding and subsequent increases in population
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17 which occur during the term of the agreement or
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18 memorandum of understanding shall not be the basis for
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19 termination of such agreement or the basis for any
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20 proceeding to invalidate the agreement.
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21 The provisions of this section shall not prohibit any
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22 person holding an office under the laws of the state
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23 or any deputy of any officer so holding any office
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24 from serving upon the board of Oklahoma Futures or
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 1 upon the board of directors of the Oklahoma Center for
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2 the Advancement of Science and Technology. The
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3 provisions of this section shall not prohibit a member
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4 of the board of directors of the Oklahoma Center for
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5 the Advancement of Science and Technology from serving
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6 upon the board of Oklahoma Futures.
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7 B. Except as provided in subsection C of this section,
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8 salaries, emoluments or benefits that would otherwise be paid by the
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9 agency or political subdivision to a loaned employee or officer
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10 shall instead be paid to the regular employer of such employee. The
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11 loaned employee shall in turn be paid regular salary and benefits
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12 the same as if continuing regular employment with the permanent
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13 employer.
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14 C. Any person excepted pursuant to paragraph 30 of subsection A
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15 of this section, when retained as a military trial judge or when
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16 serving as a military appellate judge when the Military Court of
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17 Appeals is convened, shall be entitled to military judicial leave in
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18 accordance with Section 209 of Title 44 of the Oklahoma Statutes.
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19 SECTION 2. This act shall become effective November 1, 2024.
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21 59-2-8977 MAH 01/17/24
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