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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 271 By: Dahm
AS INTRODUCED
An Act relating to public health and safety; am ending
63 O.S. 2021, Section 683.4, which relates to powers
and duties of the Director of the Oklahoma Department
of Emergency Management; modifying scope of
authority; updating statutory language; amending 63
O.S. 2021, Section 683.9, which relates to emergency
powers of the Governo r; limiting duration of certain
proclamations; providing for approval of extension by
Legislature; updating statutory references; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 683.4, is
amended to read as follows:
Section 683.4. A. There is hereby created the Oklahoma
Department of Emergency Management (OEM). The Governor shall
appoint a Director of the Department, with the advice and conse nt 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.
B. The Director may employ personnel and fix thei r compensation
in cooperation with standards promulgated by the Office of
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Management 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
Emergency Management Act of 2003 and oth er programs specified by
law.
C. The Director and other personnel of the Department shall be
provided with appropriate office space, furniture, equipment,
supplies, stationery, and printing in the s ame manner as provided
for personnel of other state agenc ies.
D. The Director, subject to the direction and control of the
Governor, shall be the executive head of the Department and shall
serve as the chief advisor to the Governor on emergency management
and shall:
1. Be responsible to the Governor for carryi ng out the programs
as required by law;
2. Coordinate the activities of all organizations for emergency
management within the state;
3. Maintain liaison with and cooperate with the emergency
management agencies and organizations of other states and of th e
federal government;
4. Develop and maintain a comprehensive all -hazards mitigation
plan for this state;
5. Implement the Oklahoma Hazard Mitigation Program State
Comprehensive All-hazard Mitigation Plan;
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6. Have such additional authority, duties, and responsibilities
authorized by the Oklahoma Emergency Man agement Act of 2003 and as
may be prescribed by the Governor;
7. Supervise the Office of Volunteerism Support and advocate
volunteerism in accordance with Section 683.26 of this title; and
8. Report quarterly to the Go vernor, the Speaker of the H ouse
of Representatives and the President Pro Tempore of the Senate the
balance and outstanding obligations of the The State Emergency Fund.
E. The Director shall supervise the formulation, execution,
review and revisions of th e 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. 2021, Section 683.9, is
amended to read as follows:
Section 683.9. The provisions of this 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 Legislat ure if the
Governor in such proclamation, or the Le gislature in such
resolution, finds that 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 terminatio n thereof by the Governor , or
by automatically after thirty (30) days unless renewed by concurrent
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resolution of the Legislature, whichever occurs first. Any such
emergency proclaimed by the Legislature s hall terminate upon passage
by the Legislature of a concurrent resolution terminating such
emergency. During such period as such state of emergency e xists or
continues, the Governor shall have and may exe rcise the following
additional emergency powers:
1. To activate the Emergency Operations Plan, and to assume
regulatory control over all essentia l resources of this state,
directly or through the boar ds, agencies, offices and officers
established by the Emergency Operations Plan, to determine
priorities of such resources and allocate such resources as the
Governor may deem necessary in cooperation with the political
subdivisions of this state, the fede ral government, or other states.
“Resources” shall mean all economic resources within this state
including but not limited to food, manpower, health , water,
transportation, economic stabilization, ele ctric power, petroleum,
gas, and solid fuel, industrial production, construction and
housing.;
2. To enforce all laws, rules and regulations relating to
emergency management and to assume direct operational contr ol of any
or all emergency management force s and helpers in this state .;
3. To provide for the evac uation of all or part of the
population from any stri cken or threatened area or areas within this
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state and to take such step s as are necessary for the recei pt and
care of such evacuees .;
4. Subject to the provisions of the State Constitution, to
remove from office any public officer having administrative
responsibilities under this act the Oklahoma Emergen cy Management
Act of 2003 for willful failure to obey any order, rul e or
regulation adopted pursuant to this act Section 683.1 et seq. of
this title. Such removal shall be upon charges after service upon
such person of a copy of such charges and after giv ing such person
an opportunity to be heard in the defense of such pe rson. Pending
the preparation and disposition of charges, the Gover nor may suspend
such person for a period not exceeding thirty (30) da ys. A vacancy
resulting from removal or suspension pursuant to this sec tion shall
be filled by the Governor until it i s filled as otherwise provided
by law.; and
5. To perform and exercise s uch other functions, powers, and
duties as are necessary to prom ote and secure the safety and
protection of the civilian population and to carry out the
provisions of the Emergency Op erations Plan in a national or state
emergency.
SECTION 3. This act shall become effective N ovember 1, 2023.
59-1-943 KR 1/11/2023 1:53:50 PM