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ENGROSSED HOUSE
BILL NO. 2337 By: Steagall and Kendrix of the
House
and
Dahm of the Senate
[ public health and safety - emergency powers of the
Governor - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2011, Section 683.4, as
amended by Section 506, Chapter 304, O.S.L. 2012 (63 O.S. Supp.
2020, Section 683.4), is amended to read as follows:
Section 683.4 A. There is hereby created the Oklahoma
Department of Emergency Management (OEM). The Governor shall
appoint a Director of the Department, with the advice and consent of
the Senate, who shall be the head of the Department. The Governor
shall fix the salary of the Director, in cooperation with standards
promulgated by the Office of Management and Enterprise Services.
B. The Director may employ personnel and fix their compensation
in cooperation with standards promulgated by the Office of
Management and Enterprise Services, and may make such expenditures
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within the appropriation therefor, or from such other available
funds as may be necessary to carry out the purposes of the Oklahoma
Emergency Management Act of 2003 and other programs specified by
law.
C. The Director and other personnel of the Department sh all be
provided with appropriate office space, furniture, equipment,
supplies, stationery, and printing in the same manner as provided
for personnel of other state agencies.
D. The Director, subject to the direction and control of the
Governor, shall be t he executive head of the Department and shall
serve as the chief advisor to the Governor on emergency management
and shall:
1. Be responsible to the Governor for carrying out the programs
as required by law;
2. Coordinate the activities of all organizati ons for emergency
management within the state;
3. Maintain liaison with and cooperate with the emergency
management agencies and organizations of other states and of the
federal government;
4. Develop and maintain a comprehensive all -hazards mitigation
plan for this state;
5. Implement the Oklahoma Hazard Mitigation Program;
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6. Have such additional authority, duties, and responsibilities
authorized by the Oklahoma Emergency Management Act of 2003 and as
may be prescribed by the Governor;
7. Supervise the Office of Volunteerism in accordance with
Section 683.26 of this title; and
8. Report quarterly to the Governor, the Speaker of the House
of Representatives and the President Pro Tempore of the Senate the
balance and outstanding obligations of the Stat e Emergency Fund.
E. The Director shall supervise the formulation, execution,
review and revisions of the state Emergency Operations Plan as
provided for by Section 683.2 of this title. The plan shall be
reviewed annually and revised as necessary.
SECTION 2. 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 amended to read
as follows:
Section 683.9 The provisions of thi s 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 Legislature if the Governor in such
proclamation, or the Legisl ature 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
Governor or by the Legislature, shall terminate upon the
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proclamation of the termination th ereof by the Governor , or by
automatically after thirty (30) days unless renewed by concurrent
resolution of the Legislature, whichever occurs first. Any such
emergency proclaimed by the Legislature shall terminate upon passage
by the Legislature of a con current 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 ass ume
regulatory control over all essential resources of this state,
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.
2. To enforce all laws, rules and regulations relating to
emergency management and to assume direct operational control o f any
or all emergency management forces and helpers in this state.
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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 a nd
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 upon 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 promote 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.
SECTION 3. This act shall become effective November 1, 2021.
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Passed the House of Representatives the 11th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate