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