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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE JOINT
RESOLUTION 24 By: Jett
AS INTRODUCED
A Joint Resolution relating to the Oklahoma Emergency
Management Act of 2003; ordering a legislative
referendum pursuant to the Oklahoma Constitution;
amending 63 O.S. 2011, Sect ion 683.8, which relates
to the powers and duties of the Governor; providing
exception to emergency powers and duties of the
Governor during an emergency declaration; providing
ballot title; and direct ing filing.
BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE
1ST SESSION OF THE 58TH OKLAHOMA LEGISLATURE:
SECTION 1. Pursuant to Section 3 of Article V of the Oklahoma
Constitution, there is hereby ordered the following legislative
referendum which shall be filed with the Secretary of State and
addressed to the Governor of the state, who shall submit the same to
the people for their approval or rejection at the next General
Election.
SECTION 2. AMENDATORY 63 O.S. 2011, Section 683.8, is
amended to read as follows:
Section 683.8. A. The Governor shall have general direction
and control of the Oklahoma Department of Emergenc y Management and
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shall be responsible for carrying out the p rovisions of the Oklahoma
Emergency Management Act of 2003. In the event of an emergency that
exceeds local capability, the Governor may assume direct operational
control over all or any part of the emergency management functions
within this state.
B. The Governor shall have general direction and control of
emergency management within the state and all officers, boards,
agencies, individual or groups established under the Emergency
Operations Plan. The Governor shall have the authority pursuant to
the Oklahoma Emergency Management Act of 2003 to establish such
offices, boards, agencies, or positions as may be necessary to carry
into effect the Emergency Operations Plan.
C. The Governor is author ized to cooperate with the federal
government, with other st ates, and with private agencies in all
matters pertaining to the emergency management of this state and of
the nation.
D. To effect the policy and purpose of the Oklahoma Emergency
Management Act of 2003, the Governor is further authorized and
empowered to:
1. Make, amend, and rescind the necessary orders and rules to
carry out the provisions of the Oklahoma Emergency Management Act of
2003 within the limits of authority conferred upon the Govern or
herein, with due consideration of the emergency managemen t plans of
the federal government; provided, such orders shall not effect or
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cause to effect any business in the state to be deemed essential or
nonessential;
2. Cause to be prepa red and updated annually a comprehensive
plan and program for emergency mana gement of this state, such plans
and programs to be integrated into and coordinated with the plans of
the federal government and of other states to the fullest possible
extent, and to coordinate the preparation of plans and programs for
emergency management by the political subdivisions of this state;
3. Procure supplies and equipment in accordance with such plans
and programs, institute training programs and public information
programs, take all other preparatory steps, including the partial or
full activation of emergency management organizations in advance of
actual disaster, and to ensure the furnishing of adequately trained
and equipped personnel in time of need, during periods of national
emergency, or natural disasters that might occur in this state, or
which develop into emergency situations;
4. On behalf of this state, enter into mutual aid arrangements
with other states and coordinate mutual aid plans between political
subdivisions of this state;
5. Delegate any administrative authority vested in the Governor
pursuant to the Oklahoma Emergency Management Act of 2003, and
provide for subdelegation of any such authority;
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6. Confirm the appointment of qualified emergency man agers upon
recommendations of local authorities as provided in Section 683.1 1
of this title;
7. Cooperate with the President of the United States and the
heads of the Armed Forces, the Federal Emergency Management Agency,
and other appropriate federal off icers and agencies, with the
officers and agencies of other states in matter s pertaining to the
emergency management of the state and nation, including the
direction and control of:
a. state emergency management activations and exercises ,
b. warnings for actual or exercise events and the
equipment to be used in connection therewit h,
c. the conduct of civilians and the movement of and
cessation of movement of pedestrians and vehicular
traffic during, prior and subsequent to natural and
man-made disasters and emergencies,
d. public meetings or gatherings, and
e. the evacuation and re ception of the civil population;
and
8. Prescribe uniform signals, warnings, alerts, credentials and
insignia.
E. In addition to prevention measures included in the state and
local comprehensive plans and programs for emergency management, the
Governor shall consider on a continuing basis steps that could be
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taken to mitigate the harmful consequences of emergencies and
natural disasters. At the Governor ’s direction and pursuant t o any
other authority specified by law, state agencies, including but not
limited to those charged with responsibilities in connection with
floodplain management, stream encroachment and flow regulation,
weather modification, fire prevention and control, a ir quality,
public works, land use and land use planning, and construction
standards, shall make studies of matters related to potential to
mitigate emergency and natural disasters. The Governor, from time
to time, shall make such recommendations to the L egislature, to
political subdivisions and to other appropriate public and pr ivate
entities as may facilitate measures for mitigation of the harmful
consequences of emergencies and natural disasters.
SECTION 3. This resolution shall become effective upon approval
by the people.
SECTION 4. The Ballot Title for the proposed act shall be in
the following form:
BALLOT TITLE
Legislative Referendum No. ____ State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
This measure prohibits the Governor from deeming any business in
Oklahoma as essential or nonessential. This measure adds an
exception to the powers and duties given to the Governor by the
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Oklahoma Emergency Management Act of 2003 during a state
emergency.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 5. The President Pro Tempore of the Senate shall
immediately after the passage of this order for legislative
referendum, prepare and file in accordance with Section 3 of Article
V of the Oklahoma Constitution, one copy of this o rder for
legislative referendum, including the Ballot Title set forth in
SECTION 4 hereof, with the Secretary of State and one copy with the
Attorney General.
58-1-1601 MR 1/21/2021 7:38:36 PM