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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 2656 By: Steagall
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38	38	AS INTRODUCED
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40	40	An Act relating to public health and safety; amending
41	41	63 O.S. 2021, Section 683.4, which relates to powers
42	42	and duties of the Director of the Oklahoma Department
43	43	of Emergency Management and Homeland Security ;
44	44	modifying scope of authority; amending 63 O.S. 20 21,
45	45	Section 683.9, which relates to emergency powers of
46	46	the Governor; limiting duration of certain
47	47	proclamations; providing for approval of extension by
48	48	Legislature; and providing an effective date.
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY 63 O.S. 20 21, Section 683.4, is
56	56	amended to read as follows:
57	57	Section 683.4 A. There is hereby created the Oklahoma
58	58	Department of Emergency Management and Homeland Security (OEM). The
59	59	Governor shall appoint a Director of the Department, with the advice
60	60	and consent of the Senate, who shall be the head of the Department.
61	61	The Governor shall fix the salary of the Director, in cooperation
62	62	with standards promulgated by the Office of Management and
63	63	Enterprise Services.
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90	90	B. The Director may employ personnel and fix their compensation
91	91	in cooperation with standards promulgated by t he Office of
92	92	Management and Enterprise S ervices, and may make such expenditures
93	93	within the appropriation therefor, or from such other available
94	94	funds as may be necessary to carry out the purposes of the Oklahoma
95	95	Emergency Management Act of 2003 and other p rograms specified by
96	96	law.
97	97	C. The Director and other personnel of the Department sh all be
98	98	provided with appropriate office space, furniture, equipment,
99	99	supplies, stationery, and printing in the same manner as provided
100	100	for personnel of other state agencies.
101	101	D. The Director, subject to the direct ion and control of the
102	102	Governor, shall be t he executive head of the Department and shall
103	103	serve as the chief advisor to the Governor on emergency management
104	104	and shall:
105	105	1. Be responsible to t he Governor for carrying o ut the programs
106	106	as required by law;
107	107	2. Coordinate the activities of all organizati ons for emergency
108	108	management within the state;
109	109	3. Maintain Be the liaison with to and cooperate with the
110	110	emergency management agencies and organiz ations of other states and
111	111	of the federal government;
112	112	4. Develop and mainta in a comprehensive all -hazards mitigation
113	113	plan for this state;
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140	140	5. Implement the Oklahoma Hazard Mitigation Program;
141	141	6. Have such additional authority, duties, and responsibilities
142	142	authorized by the Oklahoma Emerg ency Management Act of 2003 and as
143	143	may be prescribed by the Governor;
144	144	7. Supervise the Office of Volunteerism in accordance with
145	145	Section 683.26 of this title; and
146	146	8. Report quarterly to the Governor, the Speaker of the H ouse
147	147	of Representatives and the Pr esident Pro Tempore of the Senate the
148	148	balance and outstanding obligations of the Stat e Emergency Fund.
149	149	E. The Director shall supervise the formulation, execution,
150	150	review and revisions of the state Emergency Operations Pla n as
151	151	provided for by Section 683.2 of this title. The plan shall be
152	152	reviewed annually and revised as necessary.
153	153	SECTION 2. AMENDATORY 63 O.S. 20 21, Section 683.9, is
154	154	amended to read as follows:
155	155	Section 683.9 The provisions of th is section shall be operative
156	156	only during the existence of a natural or man -made emergency. The
157	157	existence of such emergency may be proclaimed by the Governor or by
158	158	concurrent resolution of the Legislature if the Governor in such
159	159	proclamation, or the Legis lature in such resolution, finds t hat an
160	160	emergency or disaster has occurred or is anticipated in the
161	161	immediate future. Any such emergency , whether proclaimed by the
162	162	Governor or by the Legislature, shall terminate upon the
163	163	proclamation of the termination t hereof by the Governor , or by
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190	190	automatically after thirty (30) days unless re newed by concurrent
191	191	resolution of the Legislature, whichever occurs first. Any such
192	192	emergency proclaimed by the Legislature shall terminate upon passage
193	193	by the Legislature of a co ncurrent resolution terminating su ch
194	194	emergency. During such period as such state of emergency exists or
195	195	continues, the Governor shall have and may exercise the following
196	196	additional emergency powers:
197	197	1. To activate the Emergency Operations Plan, and to as sume
198	198	regulatory control over all e ssential resources of this state,
199	199	directly or through the boards, agencies, offices and officers
200	200	established by the Emergency Operations Pla n, to determine
201	201	priorities of such resources and allocate such resources as the
202	202	Governor may deem necessary in coope ration with the political
203	203	subdivisions of this state, the federal government, or other states.
204	204	"Resources" shall mean all economic resource s within this state
205	205	including, but not limited to, food, manpower, health, water,
206	206	transportation, economic stabiliza tion, electric power, petroleum,
207	207	gas, and solid fuel, industrial production, construction and
208	208	housing.;
209	209	2. To enforce all laws, rules and regu lations relating to
210	210	emergency management and to assume direct operational contr ol of any
211	211	or all emergency managem ent forces and helpers in this state .;
212	212	3. To provide for the evacuation of all or part of the
213	213	population from any stricken or threatened area o r areas within this
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240	240	state and to take such steps as are necessary for the rece ipt and
241	241	care of such evacuees .;
242	242	4. Subject to the provisions of the State Con stitution, to
243	243	remove from office any public officer having administrative
244	244	responsibilities under this act the Oklahoma Emergency Management
245	245	Act of 2003 for willful failure to obe y any order, rule or
246	246	regulation adopted pursuant to this act the Oklahoma Emergency
247	247	Management Act of 2003 . Such removal shall be upon charges after
248	248	service upon such pe rson of a copy of such charges and after giving
249	249	such person an opportunity to be heard in the defense of such
250	250	person. Pending the preparation and disposition of charges, the
251	251	Governor may suspend such person for a period not exceeding thirty
252	252	(30) days. A vacancy resulting from removal or suspension pursuant
253	253	to this section shall be filled by the Governor until it is filled
254	254	as otherwise provided by law .; and
255	255	5. To perform and exercise such other functions, powers, and
256	256	duties as are necessary to promote and sec ure the safety and
257	257	protection of the civilian population and to carry out the
258	258	provisions of the Emerge ncy Operations Plan in a national or state
259	259	emergency.
260	260	SECTION 3. This act shall become effective November 1, 2023.
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262	262	59-1-6144 TJ 12/15/22

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2656 Compare Versions