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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3061 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 o f the Oklahoma Department
of Emergency Management; modifying sc ope of
authority; amending 63 O.S. 2021, Section 683.9,
which relates to emergency powers of the Govern or;
limiting duration of certain proclamations; providing
for approval of extension by Legislature; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Se ction 683.4, is
amended to read as follows:
A. There is hereby created the Oklahom a 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 wit h 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 p romulgated by the Office of
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Management and Enterprise Services, and may make such e xpenditures
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 2 003 and other programs specified by
law.
C. The Director and other personnel of th e 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 agencies.
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 carrying 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 state s and of the
federal government;
4. Develop and maintain a comprehensive all -hazards mitigation
plan for this state;
5. Implement the Oklahoma Hazard Mitigation Program;
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6. Have such additional authority, duties, and responsibilities
authorized by the Oklahoma Emergency 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 Gover nor, the Speaker of the House of
Representatives and the President Pro Tempore of the Senate the
balance and outstanding obligatio ns of the State Emergency Fund.
E. The Director shall supervise the formulation, execution,
review and revisions of the state Emergency Operations Plan as
provided for by Section 683.2 of this title. The plan shall be
reviewed annually and revised as nec essary.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 683.9, is
amended to read as follows:
The provisions of this section shall be operative only duri ng
the existence of a natural or man -made emergency. The existence of
such emergency may be proclaimed by the Governor o r by concurrent
resolution of the Legislature if the Governor in such proclamation,
or the Legislature in such resolution, finds that a n 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 thereof by the Governor , or by automatically after
thirty (30) days unless renewed by concurrent resolution of the
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Legislature, whichever occurs first. Any such emergency procl aimed
by the Legislature shall terminate upon passage by the Legislature
of a concurrent resolution terminating such em ergency. During such
period as such state of emergency e xists or continues, the Governor
shall have and may exercise the following addit ional emergency
powers:
1. To activate the Emergency Operations Plan, and to assume
regulatory control over all essent ial 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 cooperatio n 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 li mited to food, manpower, health , water,
transportation, economic stabilization, e lectric power, petroleum,
gas, and solid fuel, industrial production, constructio n and
housing.
2. To enforce all laws, rules and regula tions relating to
emergency management and to assume direct operational control of any
or all emergency management forc es and helpers in this state.
3. To provide for the evac uation of all or part of the
population from any stricken or threatened area or areas within this
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state and to take such steps as are necessary for the receipt and
care of such evacuees.
4. Subject to the provisions of the State Constitution, to
remove from office any public off icer having administrative
responsibilities under this a ct for willful failure to obey any
order, rule or regulation adopted pursuant to this act. Such
removal shall be upon charges after service upon such person of a
copy of such charges and after giving such person an opportunity to
be heard in the defense o f 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 pu rsuant to this section shall be filled by
the Governor until it is filled as otherwise provided by law.
5. To perform and exercise such other functions, powers, and
duties as are necessary to promote and secure the safety and
protection of the civilian po pulation and to carry out the
provisions of the Emergenc y Operations Plan in a national or state
emergency.
SECTION 3. This act shall become effective November 1, 2024.
59-2-9259 TJ 01/02/24