Oklahoma 2022 Regular Session

Oklahoma House Bill HB1670 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legis lature (2021)
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32	32	HOUSE BILL 1670 By: West (Kevin)
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38	38	AS INTRODUCED
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40	40	An Act relating to public health and safety; amending
41	41	63 O.S. 2011, Section 683.9, as last amended by
42	42	Section 3, Chapter 17, 1st Extraordinary Session,
43	43	O.S.L. 2013 (63 O.S. Supp. 2020, Section 683.9),
44	44	which relates to emergency powers of the Governor;
45	45	providing for termination of states of emergency;
46	46	providing for legislative extensions; and providing
47	47	an effective date.
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 63 O.S. 2011, Section 683.9, as
54	54	last amended by Section 3, Chapter 17, 1st Extraordinary Session,
55	55	O.S.L. 2013 (63 O.S. Supp. 2020, Section 683.9), is amend ed to read
56	56	as follows:
57	57	Section 683.9 The provisions of this section shall be operative
58	58	only during the existence of a natural or man -made emergency. The
59	59	existence of such emergency may be proclaimed by the Governor or by
60	60	concurrent resolution of the Legi slature if the Governor in such
61	61	proclamation, or the Legislature in such resolution, finds that an
62	62	emergency or disaster has occurred or is anticipated in the
63	63	immediate future. Any such emergency , whether proclaimed by the
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90	90	Governor or by the Legislature, shall terminate upon the
91	91	proclamation of the termination thereof by the Governor, or by
92	92	passage by the Legislature of a concurrent resolution terminating
93	93	such emergency, or automatically after thirty (30) days , whichever
94	94	shall occur first; provided, howeve r, the Legislature may by
95	95	concurrent resolution extend such proclamation as it sees fit. Any
96	96	emergency proclaimed by the Legislature shall terminate upon the
97	97	passage by the Legislature of a concurrent resolution terminating
98	98	such emergency. During such period as such state of emergency
99	99	exists or continues, the Governor shall have and may exercise the
100	100	following additional emergency powers:
101	101	1. To activate the Emergency Operations Plan, and to assume
102	102	regulatory control over all essential resources of this st ate,
103	103	directly or through the boards, agencies, offices and officers
104	104	established by the Emergency Operations Plan, to determine
105	105	priorities of such resources and allocate such resources as the
106	106	Governor may deem necessary in cooperation with the political
107	107	subdivisions of this state, the federal government, or other states.
108	108	"Resources" shall mean all economic resources within this state
109	109	including but not limited to food, manpower, health, water,
110	110	transportation, economic stabilization, electric power, petroleum ,
111	111	gas, and solid fuel, industrial production, construction and
112	112	housing.
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139	139	2. To enforce all laws, rules and regulations relating to
140	140	emergency management and to assume direct operational control of any
141	141	or all emergency management forces and helpers in this s tate.
142	142	3. To provide for the evacuation of all or part of the
143	143	population from any stricken or threatened area or areas within this
144	144	state and to take such steps as are necessary for the receipt and
145	145	care of such evacuees.
146	146	4. Subject to the provisions of the State Constitution, to
147	147	remove from office any public officer having administrative
148	148	responsibilities under this act for willful failure to obey any
149	149	order, rule or regulation adopted pursuant to this act. Such
150	150	removal shall be upon charges after service up on such person of a
151	151	copy of such charges and after giving such person an opportunity to
152	152	be heard in the defense of such person. Pending the preparation and
153	153	disposition of charges, the Governor may suspend such person for a
154	154	period not exceeding thirty (30) days. A vacancy resulting from
155	155	removal or suspension pursuant to this section shall be filled by
156	156	the Governor until it is filled as otherwise provided by law.
157	157	5. To perform and exercise such other functions, powers, and
158	158	duties as are necessary to promot e and secure the safety and
159	159	protection of the civilian population and to carry out the
160	160	provisions of the Emergency Operations Plan in a national or state
161	161	emergency.
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188	188	SECTION 2. This act shall become effective November 1, 2021.
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190	190	58-1-6165 AB 01/12/21