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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2218 By: McDugle of the House
and
Jett of the Senate
AS INTRODUCED
An Act relating to public health and safety; amend ing
63 O.S. 2011, Section 6403, which relates to the
Catastrophic Health Emergency Powers Act; prohibiting
governmental entities from closing or limiting
businesses; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 6403, is
amended to read as follows:
Section 6403. A. The declaration of a state of catastrophic
health emergency shall activate the disaster response and recovery
aspects of the state, local, and inter -jurisdictional disaster
emergency plans in the affected political subdivisions or geographic
areas. Such declaration authorizes the deployment and use of any
forces to which the plans apply and the use or distribution of any
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supplies, equipment, and materials and facilities assembled,
stockpiled, or available pursuant to this act.
B. During a state of catastrophic health emergency, the
Governor may:
1. Suspend the provisions of any regulatory statute prescribing
procedures for conducting state business, or the orders and rules of
any state agency, to the extent that strict compliance with the same
would prevent, hinder, or delay necessary action (including
emergency purchases) by the public health authority to respond to
the catastrophic health emergency, or increase the health threat to
the population;
2. Utilize all available resources of the state government and
its political subdivisions, as reasonably necessary to respond to
the catastrophic health emergency;
3. Transfer the direction, personnel, or functions of state
departments and agencies in order to perform or facilitate response
and recovery programs regarding the catastrophic health emergency;
4. Mobilize all or any part of the National Guard into service
of the state. An order directing the National Guard to report for
active duty shall state the purpose for which it is mobilized and
the objectives to be accomplished;
5. Provide aid to and seek aid from other states during the
catastrophic health emergency in acc ordance with any interstate
emergency compact made with this state; and
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6. Seek aid from the federal government for the catastrophic
health emergency in accordance with federal programs or
requirements.
C. The public health authority shall coordinate all matters
pertaining to the catastrophic health emergency response of the
state. The public health authority shall have primary jurisdiction,
responsibility, and authority for:
1. Planning and executing catastrophic health emergency
assessment, mitigation , preparedness response, and recovery for the
state;
2. Coordinating catastrophic health emergency response between
state and local authorities during a catastrophic health emergency;
3. Collaborating with relevant federal government authorities,
elected officials of other states, private organizations or
companies during a catastrophic health emergency;
4. Coordinating recovery operations and mitigation initiatives
subsequent to catastrophic health emergencies; and
5. Organizing public information acti vities regarding
catastrophic health emergency response operations.
D. After the declaration of a state of catastrophic health
emergency, special identification for all public health personnel
working during the catastrophic health emergency shall be issu ed as
soon as possible. The identification shall indicate the authority
of the bearer to exercise public health functions and emergency
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powers during the state of catastrophic health emergency. Public
health personnel shall wear the identification in pla in view.
E. Nothing in the Catastrophic Health Emergency Powers Act
shall allow the Governor or any other governmental entity to :
1. Force a business to close;
2. Limit or in any way restrict the hours of operation of a
business; or
3. Limit or restrict the number of occupants or patrons allowed
in a business.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 02/24/2021 -
DO PASS, As Coauthored.