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Oklahoma House Bill HB2337

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2337 Compare Versions

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3-ENGR. H. B. NO. 2337 Page 1 1
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28-ENGROSSED HOUSE
29-BILL NO. 2337 By: Steagall and Kendrix of the
30-House
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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32- and
31+STATE OF OKLAHOMA
3332
34- Dahm of the Senate
33+1st Session of the 58th Legislature (2021)
34+
35+HOUSE BILL 2337 By: Steagall
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40-[ public health and safety - emergency powers of the
41-Governor - effective date ]
41+AS INTRODUCED
42+
43+Act relating to public health and safety; amending
44+63 O.S. 2011, Section 683.4, as amended by Section
45+506, Chapter 304, O.S.L. 2012 (63 O.S. Supp. 2020,
46+Section 683.4), which relates to po wers and duties of
47+the director of the Oklahoma Department of Emergency
48+Management; modifying scope of authority; amending 63
49+O.S. 2011, Section 683.9, as last amended b y Section
50+3, Chapter 17, 1st Extraordinary Session, O.S.L. 2013
51+(63 O.S. Supp. 2020, Section 683.9), which relates to
52+emergency powers of the Governor; limiting duration
53+of certain proclamations; providing for approval of
54+extension by Legislature; and prov iding an effective
55+date.
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4863 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
4964 SECTION 1. AMENDATORY 63 O.S. 2011, Section 683.4, as
5065 amended by Section 506, Chapter 304, O.S.L. 2012 (63 O.S. Supp.
5166 2020, Section 683.4), is a mended to read as follows:
5267 Section 683.4 A. There is hereby created the Oklahoma
5368 Department of Emergency Management (OEM). The Governor shall
5469 appoint a Director of the Department, with the advice and consent of
55-the Senate, who shall be the head of the Department. The Governor
56-shall fix the salary of the Director, in cooperation with standards
57-promulgated by the Office of Management and Enterprise Services.
58-B. The Director may employ personnel and fix their compensation
59-in cooperation with standards promulgated by the Office of
60-Management and Enterprise Services, and may make such expenditures
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97+the Senate, who shall be the head of the D epartment. The Governor
98+shall fix the salary of the Director, in cooperation with standards
99+promulgated by the Office of Management and Enterprise Services.
100+B. The Director may employ personnel and fix their compensation
101+in cooperation with standards pro mulgated by the Office of
102+Management and Enterprise Services, and may make such expenditures
87103 within the appropriation therefor, or from such other available
88104 funds as may be necessary to carry out the purposes of the Oklahoma
89105 Emergency Management Act of 200 3 and other programs specified by
90106 law.
91107 C. The Director and other personnel of the Department shall be
92108 provided with appropriate office space, furniture, equipment,
93109 supplies, stationery, and printing in the same manner as provided
94110 for personnel of other st ate agencies.
95111 D. The Director, subject to the direction and control of the
96112 Governor, shall be the executive head of the Department and shall
97113 serve as the chief advisor to the Governor on emergency management
98114 and shall:
99115 1. Be responsible to the Governor f or carrying out the programs
100116 as required by law;
101117 2. Coordinate the activities of all organizations for emergency
102118 management within the state;
103-3. Maintain liaison with and cooperate with the emergency
104-management agencies and organizations of other states and of the
105-federal government;
106-4. Develop and maintain a comprehensive all -hazards mitigation
107-plan for this state;
108-5. Implement the Oklahoma Hazard Mitigation Program;
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146+3. Maintain liaison with and cooperate with the emergency
147+management agencies and organizations of other states and of the
148+federal government;
149+4. Develop and maintain a comprehensive all -hazards mitigation
150+plan for this state;
151+5. Implement the Oklahoma Hazard Mitigation Program;
135152 6. Have such additional authority, duties, and responsibilities
136153 authorized by the Okl ahoma Emergency Management Act of 2003 and as
137154 may be prescribed by the Governor;
138155 7. Supervise the Office of Volunteerism in accordance with
139156 Section 683.26 of this title; and
140-8. Report quarterly to the Governor, the Speaker of the House
141-of Representatives and the President Pro Tempore of the Senate the
157+8. Report quarterly to the Governor, the Speaker of the House of
158+Representatives and the President Pro Tempore of the Senate the
142159 balance and outstanding obligations of the State Emergency Fund.
143160 E. The Director shall supervise the formulation, execution,
144161 review and revisions of the state Emergency Operations Plan as
145162 provided for by Section 683.2 of this title. The plan shall be
146163 reviewed annually and revised as necessary.
147164 SECTION 2. AMENDATORY 63 O.S. 2011, Section 683.9, as
148165 last amended by Section 3, Chapter 17, 1st Extraordinary Session,
149166 O.S.L. 2013 (63 O.S. Supp. 2020, Section 683.9), is amended to read
150167 as follows:
151168 Section 683.9 The provisions of this section shall be operative
152169 only during the existence of a natural or man -made emergency. The
153-existence of such emergency may be proclaimed by the Governor or by
154-concurrent resolution of the Legislature if the Governor in such
155-proclamation, or the Legisl ature in such resolution, finds that an
156-emergency or disaster has occurred or is anticipated in the
157-immediate future. Any such emergency , whether proclaimed by the
158-Governor or by the Legislature, shall terminate upon the
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197+existence of such emergency may be proclaimed by the Governor or by
198+concurrent resolution of the Legislature if the Governor in such
199+proclamation, or the Legislature in such resolution, finds that an
200+emergency or disaster has occurred or is anticipated in the
201+immediate future. Any such emergency , whether proclaimed by the
202+Governor or by the Legislature, shall terminate upon the
185203 proclamation of the termination thereof by the Governor , or by
186204 automatically after thirty (30) days unless renewed by concurrent
187205 resolution of the Legislature, whichever occurs first. Any such
188206 emergency proclaimed by the Legislature shall terminate upon passage
189207 by the Legislature of a concurrent resolution terminating such
190208 emergency. During such period as such state of emergency exists or
191209 continues, the Governor shall have and may exercise the f ollowing
192210 additional emergency powers:
193211 1. To activate the Emergency Operations Plan, and to assume
194212 regulatory control over all essential resources of this state,
195213 directly or through the boards, agencies, offices and officers
196214 established by the Emergency Op erations Plan, to determine
197215 priorities of such resources and allocate such resources as the
198216 Governor may deem necessary in cooperation with the political
199217 subdivisions of this state, the federal government, or other states.
200218 "Resources" shall mean all econo mic resources within this state
201219 including but not limited to food, manpower, health, water,
202220 transportation, economic stabilization, electric power, petroleum,
203-gas, and solid fuel, industrial production, construction and
204-housing.
205-2. To enforce all laws, rules and regulations relating to
206-emergency management and to assume direct operational control o f any
207-or all emergency management forces and helpers in this state.
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248+gas, and solid fuel, industrial production, construction and
249+housing.
250+2. To enforce all laws, ru les and regulations relating to
251+emergency management and to assume direct operational control of any
252+or all emergency management forces and helpers in this state.
234253 3. To provide for the evacuation of all or part of the
235254 population from any stricken or threa tened area or areas within this
236255 state and to take such steps as are necessary for the receipt and
237256 care of such evacuees.
238257 4. Subject to the provisions of the State Constitution, to
239258 remove from office any public officer having administrative
240259 responsibilities under this act for willful failure to obey any
241260 order, rule or regulation adopted pursuant to this act. Such
242261 removal shall be upon charges after service upon such person of a
243262 copy of such charges and after giving such person an opportunity to
244263 be heard in the defense of such person. Pending the preparation and
245264 disposition of charges, the Governor may suspend such person for a
246265 period not exceeding thirty (30) days. A vacancy resulting from
247266 removal or suspension pursuant to this section shall be filled by
248267 the Governor until it is filled as otherwise provided by law.
249268 5. To perform and exercise such other functions, powers, and
250269 duties as are necessary to promote and secure the safety and
251270 protection of the civilian population and to carry out the
252-provisions of the Emergency Operations Plan in a national or state
253-emergency.
254-SECTION 3. This act shall become effective November 1, 2021.
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282-Passed the House of Representatives the 11th day of March, 2021.
298+provisions of the Emergency Operations Plan in a national or state
299+emergency.
300+SECTION 3. This act shall become effective November 1, 2021.
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287- Presiding Officer of the House
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291-Passed the Senate the ___ day of __________, 2021.
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302+COMMITTEE REPORT BY: COMMITTEE ON GENERAL GOVERNMENT, dated
303+02/11/2021 - DO PASS.