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SENATE FLOOR VERSION
February 18, 2021
SENATE BILL NO. 488 By: Paxton
An Act relating to state government; amending 74 O.S.
2011, Sections 51.1, 51.1a, as ame nded by Section
700, Chapter 304, O.S.L. 20 12, 51.2, as amended by
Section 701, Chapter 304, O.S.L. 2012, 51.2a, 51.2b,
51.2c, as amended by Section 702, Chapter 304, O.S.L.
2012, Section 1, Chapter 54, O.S.L. 2013 and 51. 3 (74
O.S. Supp. 2020, Sections 51.1a, 51.2, 51.2c and
51.2d), which relate t o the Oklahoma Homeland
Security Act; creating the Office of Homeland
Security within the Oklahoma Department of Emergency
Management; providing for powers and duties of the
Homeland Security Advisor; removing des ignation
requirement for location of the Of fice of Homeland
Security; modifying powers and duties of the Office
of Homeland Security; modifying interoperable public
safety communications planning; modifying Oklahoma
Homeland Security Revolving Fund; modify ing emergency
preparedness grants; modifyin g Oklahoma School
Security Grant Program Act; modifying Oklahoma School
Security Revolving Fund; modifying Oklahoma School
Security Institute; modifying regional planning and
coordination advisory councils; updating statutory
references; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2011, Section 51.1, is
amended to read as follows :
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Section 51.1. A. There is hereby created within the Oklahoma
Department of Emergency Management, the Office of Homeland Security.
The Governor Director of the Department shall be the chief officer
of the Office and shall appoint a Homeland Security Director Advisor
who shall be responsible to the Governor Director for the operation
and administration of the Office. The Governor Director shall
determine the salary for the Director Advisor in cooperation with
standards promulgated by the Office of Manag ement and Enterprise
Services, and may make such expenditures within the appropriation
therefor, or from such other available funds as may be necessary to
carry out the purposes of the Oklahoma Homeland Security Act and
other programs specified by law .
B. The Oklahoma Homeland Secur ity Director Advisor shall
possess or obtain a federally recognized Top Secret Level Clearance
clearances as appropriate to perform the duties of the position .
1. Any employee of state government appointed by the Director
to the position of Oklahoma Homeland Security Director Advisor shall
have a right to return to the previously held classified position of
the employee without any loss of rights, privileges , or benefits
immediately upon completion of the duties as Oklahoma Homeland
Security Director Advisor, provided the employee is not otherwis e
disqualified.
2. Any person appoi nted to the position of Oklahoma Homeland
Security Director Advisor, if already a member of a state retirement
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system, shall be eligible to continue pa rticipation in that system.
If not a member of a state retirement sy stem, the Director Advisor
shall be eligible to participate in the Oklahoma Public Employees
Retirement System. The Oklahoma Homeland Security Director Advisor
shall be eligible for part icipation in only one retire ment system
and shall elect in writing th e system in which the Director Advisor
intends to participate.
3. The Commissioner of the Department of Public Safety may
shall commission the Director of Homeland Security, Advisor and
designated staff within the agency as specified by the Director , as
a peace officer if at the time of ap pointment the Director is
certified peace officers. All commissioned staff must obtain and
maintain certification as a law enforcement officer officers by the
Council on Law Enfor cement Education and Training (CLEET) or as a
state trooper if at the time of appointment the Director is a CLEET-
certified officer of the Oklahoma Highway Patrol.
C. The Oklahoma Office of Homeland Security shall consist of at
least three divisions functions:
1. Prevention and Intelligence;
2. Response and Recovery Planning; an d
3. Awareness and Preparedness.
D. The Director shall be authorized to employ personnel
necessary to achieve the mission of the Office. Other federal,
state, and local personnel may be assigned to the Office of Homel and
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Security pursuant to an interage ncy agreement. The Governor shall
designate at which appropriate state agency the Oklahoma Office of
Homeland Security shall be located. That agency shall provide
housing, administrative staff and other support to the Oklahoma
Office of Homeland Security . All positions and personnel of the
Office of Homeland Security shall be exempt from the full -time-
employee limit of the state agency where the Office of Homeland
Security is located.
E. The Oklahoma Office of Homeland Security Director shall have
the duty and responsibility to develop and coord inate the
implementation and administration of a comprehensive statewide
strategy that is integrated into the emergency operations p lan to
secure the State of Oklahoma from the results of acts of terrorism,
from a public health emergency, from cyberterrori sm, and from
weapons of mass destruction as that term is defined in 18 U.S.C.,
Section 2332a, and to perform other duties assigned b y the Governor
Director. These duties shall include but not be limited to:
1. Representing the State of Oklahoma with fede ral agencies as
the state homeland security director Homeland Security Advisor for
purposes of accessing federal funds and cooperati ng with federal
agencies in the development a nd implementation of a nationwide
homeland security plan of response; and
2. Coordinating the Homeland Sec urity efforts within the State
of Oklahoma, including working with the Director, Governor and
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Legislature, state agencies, and local elected official s and local
governments, emergency r esponder groups, private-sector businesses,
educational institutions, v olunteer organizations , and the general
public. State agencies receiving federal funding for homeland
security purposes shall report the amount and intended use of those
funds to the Oklahoma Homeland Security Director Department to
ensure efficient use o f funds and to avoid duplication of efforts.
F. Included in the comprehensive statewide strategy and
consistent with the National Strategy for Homel and Security, as
promulgated by the Office of the President of the United State s, or
its successor plan or plans, the Oklahoma Homeland Security Director
Advisor shall establish the following strategic objective s for
Oklahoma:
1. To prevent terrorist atta cks;
2. To reduce vulnerability to terrorism;
3. To minimize the damage from and to recover from terroris t
attacks; and
4. Such other duties as the Governor may prescribe.
G. The Oklahoma Office of Homeland Security shall have the
following duties:
1. Establish a plan for the effective implementation of a
statewide emergency All -Hazards response system , including the
duties and responsibilities of regional emergency response teams;
2. Create, implement, and administer an advisory system;
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3. Coordinate and prepare applications for feder al funds
related to homeland security and a ccessing and distributing th e
federal funds; and
4. Cooperate with federal agencies in the development and
implementation of a nati onwide homeland security plan or response.
H. The Oklahoma Office of Homeland Se curity Department and any
local government may enter into contracts wit h each other for
equipment and personnel, or both , to carry out the requirements of
the Homeland Securit y Act. The contract may include any provisio ns
agreed upon by the parties and as required by any federal or state
grant, if applicable.
I. All state agencies and political subdivisions of this state
and all officers and employees of those agencies and po litical
subdivisions are hereby directed to c ooperate with and lend
assistance to the Oklahoma Homeland Security Director and Advisor.
SECTION 2. AMENDATORY 74 O.S. 2011, Section 51.1a, as
amended by Section 700, Chapter 304, O.S. L. 2012 (74 O.S. Supp.
2020, Section 51.1a), is amended to read as follows:
Section 51.1a. A. In addition to the powers an d duties as
defined elsewhere in statute, the Oklahoma Office of Homeland
Security Department of Emergency Management has the duty and
responsibility for interoperable public sa fety communications
planning within the State of Oklahoma. As part of this dut y the
Oklahoma Office of Hom eland Security Department shall:
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1. Annually develop and report to the Governor, President Pro
Tempore of the Senate and Speaker of the House of Rep resentatives,
the Statewide Communic ations Interoperability Plan;
2. Coordinate statewide planning for pub lic safety
communication needs of state government and state emergency
responders, including a migration plan for state agency use of
public safety communications technologies and rende ring of aid
between state government and it s political subdivisions for
organizing and use of disparate public safety communications
systems;
3. Serve as a focal point for all state-level projects
involving public safet y communications vendors where the f ocus of
such authority can substantially en hance the state communicatio ns
plan or savings;
4. Apply for, receive , and hold, or assist state agencies in
applying for, receiving , or holding such authorizations, licenses ,
and allocations of channels and freq uencies to carry out the
purposes of this section;
5. Establish minimu m standards and protocols for acquisition,
development, or enhancement of public safety communications
technologies. These standards shall be utiliz ed by the Information
Services Division of the Office of Management and Enterpr ise
Services pursuant to the provisions of Section 34.20 of Title 62 of
the Oklahoma Statutes; and
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6. Accomplish such other purposes as may be necessary or
incidental to the ad ministration of its authority or fun ctions
pursuant to law.
B. It is the intent of the Legislature that al l state public
entities comply with the provisions of the Statewide Communications
Interoperability Plan issued by the Oklahoma Office of Homeland
Security Department. All state agencies are required to review the
provisions of the Statewide Communication s Interoperability Plan and
the public safety communications standards issued by the Oklahoma
Office of Homeland Security Department prior to the purchase,
acquisition, development, or enhancement of any public safety
communications system. Local public s afety agencies and political
subdivisions of the state are encouraged, but not required, to
review the provisions of the Statewide Communications
Interoperability Plan and the public sa fety communications standards
issued by the Oklahoma Office of Homeland Security Department prior
to the purchase, acquisition, development , or enhancement of any
public safety communications system to assist the local p ublic
safety agency or political sub division in purchasing decisions.
C. No state agency shall use state f unds or enter into any
agreement for the acquisition, development , or enhancement of a
public safety communication system unless the request is consi stent
with the Statewide Communicati ons Interoperability Plan and the
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public safety communications standard s issued by the Oklahoma Office
of Homeland Security Department.
SECTION 3. AMENDATORY 74 O.S. 2011, Section 51.2, as
amended by Section 701, Chapter 304, O.S. L. 2012 (74 O.S. Supp.
2020, Section 51.2), is amended to read as follo ws:
Section 51.2. A. There is hereby created in the State Treasury
a revolving fund for the Oklahoma Office of Homeland Security
Department of Emergency Management to be designated the "Oklahoma
Homeland Security Revolving Fun d". The Oklahoma Homeland S ecurity
Revolving Fund shall be a continuing fund, not subject to fiscal
year limitations and shall consis t of monies received by the
Oklahoma Office of Homeland Security or the Department of Public
Safety from:
1. Reimbursements from responsible parties for reasonable
actions taken and costs incurred by a regional team in response to
an incident or event inv olving a dangerous substance;
2. Reimbursements, grants, or other monies recei ved from other
state agencies and entities of state government;
3. Reimbursements, grants, or other monies received by the
Oklahoma Office of Homeland Security Department or the Department of
Public Safety from the Unit ed States government or pursuant to
proceedings in district court to enforce cl aims initiated pursuant
to the Oklahoma Homeland Security Act or the Oklahoma Emergency
Response Act;
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4. Gifts, donations , and bequests;
5. Monies appropriated or apportioned by the state; and
6. Receipts from other ancillary services related to inciden ts
or events related to dang erous substances, not otherwise provided by
law.
B. All monies accruing to the credit of the Oklahoma Hom eland
Security Revolving Fund are hereby ap propriated and may be budgeted
and expended by the Oklahoma Office of Homeland Security Department
for:
1. Operating expenses relating to homeland security expenses ;
2. Administrative duties in support of homela nd security
functions; and
3. Education and reimbursement for expenses of regi onal teams,
including maintenance of equipm ent.
C. Expenditures from t he Oklahoma Homeland Security Revolving
Fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
SECTION 4. AMENDATORY 74 O.S. 2011, Section 51.2a, is
amended to read as follows:
Section 51.2a. Contingent upon the availability of desi gnated
funding from the United State s Department of Homeland Security or
state appropriations, the Oklahoma Office of Homeland Security
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Department of Emergency Management shall make grant monies available
to:
1. Public schools, private schools, technology center schools,
and institutions of higher learning in the State of Oklahoma t o
encourage greater emergenc y preparedness, including, but not limited
to, improvement of plans and procedures for natural and man -made
disaster disasters and emergencies, impro vement of security on
campus, at events, and with regard to buses and other
transportation, and improvement of communications strategies and
equipment; and
2. Local law enforcement, emergency management, disaster
relief, and public health entities in the State of Oklahoma to
encourage the active engagement of such entities with publ ic
schools, private schools, technology center schools , and
institutions of higher learning in their efforts to improve
emergency preparedness.
SECTION 5. AMENDATORY 74 O.S. 2011, Section 51.2b, is
amended to read as follows:
Section 51.2b. A. This section shall be known and may be cited
as the "Oklahoma School Security Grant Program Act ".
B. The Oklahoma Office of Homeland Security Department of
Emergency Management shall solicit proposals for and make grants for
the enhancement of campus security at inst itutions of higher
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learning, technology center schools, public schools, and private
schools.
C. The goals and objectives of the Oklahoma School Secu rity
Grant Program are to:
1. Increase the awareness of the public and educati onal
institutions of the ris ks, threats, and vulnerabilities of school
campuses as well as mitigation strategies;
2. Incentivize partic ipation in school security training
programs designed to assess campus risks, threats, and
vulnerabilities;
3. Provide assistance to institutions o f higher learning,
technology center schools, public schools , and private schools
initiating or implementing school security plans, programs, and
activities; and
4. Build upon the succ ess of the pilot Education Grant Program
established by the Oklahoma Of fice of Homeland Security.
D. The Oklahoma Office of Homeland Security Department shall
determine grant project criteria and establish a process for the
consideration of proposals. Th e proposals shall be considered on a
statewide competitive basis among peer institutions.
E. On or before January 1, 2010, and each year thereafter, the
Oklahoma Office of Homela nd Security Department shall prepare an
annual report on the Oklahoma School Security Grant Program and
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submit the report to the Governor, the Presi dent Pro Tempore of the
Senate, and the Speaker of the House of Representatives.
SECTION 6. AMENDATORY 74 O.S. 2011, Sectio n 51.2c, as
amended by Section 702, Chapter 304, O.S.L. 2012 (74 O.S. Supp.
2020, Section 51.2c), is amende d to read as follows:
Section 51.2c. A. There is hereby created in the State
Treasury a revolving fund for the Oklahoma Office of Homeland
Security Department of Emergency Management to be designated the
"Oklahoma School Secur ity Revolving Fund". The Oklahoma School
Security Revolving Fund shall be a continuing fund, not subject to
fiscal year limitations, an d shall consist of monies received by the
Oklahoma Office of Homeland Securit y Department from:
1. Reimbursements, gran ts, or other monies received from other
state agencies and entities of state government for school security;
2. Reimbursements, grants , or other monies received by the
Oklahoma Office of Homeland Security Department from the United
States government oblig ated to school security proj ects;
3. Gifts, donations, and bequests; and
4. Monies appropriated or apportioned by the state.
B. All monies accruing to the credit of the Oklah oma School
Security Revolving Fund a re hereby appropriated and may be budgeted
and expended by the Oklahoma Office of Homeland Security Department
for the administration of the Oklahoma School Security Grant
Program. Contingent upon the availability of fu nding, the Oklahoma
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Office of Homeland Security Department may make grants each year to
institutions of higher learning, technology center schools, public
schools, and private schools as provided in Section 51.26 51.2b of
this title.
C. Expenditures from the Oklahoma School Security Revolvi ng
Fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Services f or approval and
payment.
SECTION 7. AMENDATORY Sect ion 1, Chapter 54, O.S.L. 2013
(74 O.S. Supp. 2020, Section 51.2d), is amended to read as follows:
Section 51.2d. A. Upon the effective date of this act July 1,
2013, the Oklahoma Office of Homeland Security Department of
Emergency Management shall designate a division function of their
office its agency as the "Oklahoma School Security Institute ".
B. The Oklahoma School Security Institute shall act as the
central repository for the public and private elementary and
secondary schools of this state to con tact for information on
resources made available to the schools in thei r efforts to enhance
school security and assess risks and threats to school campuses.
The goals and objecti ves of the Oklahoma School Security Insti tute
shall include, but not be limit ed to:
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1. Maximizing school security train ing and support to public
and private elementary and secondary schools as authorized pursuant
to Section 51.2b of Title 74 of the Oklaho ma Statutes this title;
2. Assisting and coordinating with public and privat e
elementary and secondary school administr ators as required in the
development and implementation of safety drills;
3. Facilitating efforts of public and private elementary and
secondary schools to utilize any availabl e programs or entities
specializing in security issues; and
4. Creating and coordinating any working group s when necessary
in order to continue developing and implementing new strategies and
techniques for future r ecommendations on school security issues.
C. The Oklahoma School Security In stitute may develop a
telephone tip line wh ereby reports of activity th at may compromise
school safety can be called in and disseminated to the appropriate
parties for additional investigation should it be warranted.
SECTION 8. AMENDATORY 74 O.S. 2011, Section 51.3, is
amended to read as follows:
Section 51.3. A. There are hereby created regional planning
and coordination advisory councils for homeland s ecurity. The
Oklahoma Homeland Security Director Department of Emergency
Management shall designate the geographical bo undaries for each
regional advisory council within the state.
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B. Each regional advisory council shall be composed of the
following members:
1. A chief of a paid fire departmen t;
2. A chief of a volunteer fire d epartment;
3. A county sheriff;
4. A chief of a police department;
5. A physician or hospital administrator;
6. An emergency management coordinator;
7. An emergency medical s ervices provider;
8. A veterinarian;
9. A representative of a state or loca l disaster relief agency;
10. A city manager or mayor;
11. A county commissioner;
12. A public health representative;
13. A Council of Government representative;
14. A representative of a public school district; and
15. A representative of an institu tion of higher learning.
C. The members of the regional advisory counc ils shall be
appointed by the Oklahoma Homeland Security Department of Emergency
Management Director. The Director shall appoint from a list of
nominees provided to the Director from s tatewide associations or
entities that represent the disciplines to be represented on the
advisory councils. All members can be removed for cause by the
Director.
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D. Each member of a regional advisory council shall res ide in
or have employment duties wit hin the region to be served by the
regional advisory council. Regional advisory council members shall
have staggered terms of office not exceeding three (3) years and may
be reappointed upon the expiration of a term.
E. Each regional advisory council sha ll meet at least twice a
year or more frequently at the discretion of t he Director. The
Director, or Homeland Security Advisor or designee, from the
Oklahoma Office of Homeland S ecurity Department shall attend the
meetings of the regional advisory council s. A majority of the
members of the region al advisory council shall co nstitute a quorum.
The Office of Homeland Security Department shall establish policies
and procedures regar ding the operation of the regional adviso ry
councils.
F. The duties and resp onsibilities of each regional advisory
council shall be:
1. Assessing and documenting the needs of the region related to
homeland security;
2. Coordinating and cooperating with the Oklahoma Office of
Homeland Security Department to achieve the strategic objectives
prescribed in this act the Oklahoma Homeland Security Act ; and
3. Other duties and responsibilities as determined by the
Oklahoma Homeland Security Director.
SECTION 9. This act shall become effective November 1, 2021.
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COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
February 18, 2021 - DO PASS