Oklahoma 2023 Regular Session

Oklahoma House Bill HB2656 Latest Draft

Bill / Introduced Version Filed 01/19/2023

                             
 
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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.   
 
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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;   
 
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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   
 
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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   
 
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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