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ENGROSSED HOUSE
BILL NO. 3061 By: Steagall of the House
and
Stewart of the Senate
[ public health and safety - powers and duties of the
director of the Oklahoma Department of Emergency
Management – scope of authority - emergency powers
of the Governor - duration of proclamations -
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 follow s:
Section 683.4 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 Se nate 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 sha ll be
reviewed annually and revised as nec essary.
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 emerg ency 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 rene wed by concurrent
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resolution of the Legisl ature, whichever occurs first. Any such
emergency proclaimed by the Legislature shall terminate upon passage
by the Legislature of a concurrent resolution terminating such
emergency. During such period as such st ate 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 assume
regulatory control over all essent ial resources of this state,
directly or through the boards, 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 federal 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 evacuation 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 Constitu tion, 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 vacan cy 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 th e 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.
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Passed the House of Representati ves the 13th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate