Req. No. 6144 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) HOUSE BILL 2656 By: Steagall AS INTRODUCED An Act relating to public health and safety; amending 63 O.S. 2021, Section 683.4, which relates to powers and duties of the Director of the Oklahoma Department of Emergency Management and Homeland Security ; modifying scope of authority; amending 63 O.S. 20 21, Section 683.9, which relates to emergency powers of the Governor; limiting duration of certain proclamations; providing for approval of extension by Legislature; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 63 O.S. 20 21, Section 683.4, is amended to read as follows: Section 683.4 A. There is hereby created the Oklahoma Department of Emergency Management and Homeland Security (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. Req. No. 6144 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. The Director may employ personnel and fix their compensation in cooperation with standards promulgated by t he Office of Management and Enterprise S ervices, 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 Emergency Management Act of 2003 and other p rograms 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 direct ion 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 t he Governor for carrying o ut the programs as required by law; 2. Coordinate the activities of all organizati ons for emergency management within the state; 3. Maintain Be the liaison with to and cooperate with the emergency management agencies and organiz ations of other states and of the federal government; 4. Develop and mainta in a comprehensive all -hazards mitigation plan for this state; Req. No. 6144 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. Implement the Oklahoma Hazard Mitigation Program; 6. Have such additional authority, duties, and responsibilities authorized by the Oklahoma Emerg ency 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 H ouse of Representatives and the Pr esident 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 Pla n 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. 20 21, Section 683.9, is amended to read as follows: Section 683.9 The provisions of th is 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 Legis lature in such resolution, finds t hat 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 proclamation of the termination t hereof by the Governor , or by Req. No. 6144 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 automatically after thirty (30) days unless re newed 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 co ncurrent resolution terminating su ch 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 as sume regulatory control over all e ssential resources of this state, directly or through the boards, agencies, offices and officers established by the Emergency Operations Pla n, to determine priorities of such resources and allocate such resources as the Governor may deem necessary in coope ration with the political subdivisions of this state, the federal government, or other states. "Resources" shall mean all economic resource s within this state including, but not limited to, food, manpower, health, water, transportation, economic stabiliza tion, electric power, petroleum, gas, and solid fuel, industrial production, construction and housing.; 2. To enforce all laws, rules and regu lations relating to emergency management and to assume direct operational contr ol of any or all emergency managem ent forces and helpers in this state .; 3. To provide for the evacuation of all or part of the population from any stricken or threatened area o r areas within this Req. No. 6144 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 state and to take such steps as are necessary for the rece ipt and care of such evacuees .; 4. Subject to the provisions of the State Con stitution, to remove from office any public officer having administrative responsibilities under this act the Oklahoma Emergency Management Act of 2003 for willful failure to obe y any order, rule or regulation adopted pursuant to this act the Oklahoma Emergency Management Act of 2003 . Such removal shall be upon charges after service upon such pe rson 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 .; and 5. To perform and exercise such other functions, powers, and duties as are necessary to promote and sec ure the safety and protection of the civilian population and to carry out the provisions of the Emerge ncy Operations Plan in a national or state emergency. SECTION 3. This act shall become effective November 1, 2023. 59-1-6144 TJ 12/15/22