Oklahoma 2024 Regular Session

Oklahoma House Bill HB3061 Compare Versions

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3		-	ENGR. H. B. NO. 3061 Page 1 1
	3	+	HB3061 HFLR Page 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 3061 By: Steagall of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31		-	~~and~~
	31	+	STATE OF OKLAHOMA
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33		-	Stewart of the Senate
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	HOUSE BILL 3061 By: Steagall
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	41	+	AS INTRODUCED
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40		-	[ public health and safety - powers and duties of the
41		-	director of the Oklahoma Department of Emergency
42		-	Management – scope of authority - emergency powers
43		-	of the Governor - duration of proclamations -
44		-	effective date ]
	43	+	An Act relating to public health and safety; amending
	44	+	63 O.S. 2021, Section 683.4, which relates to powers
	45	+	and duties of the director o f the Oklahoma Department
	46	+	of Emergency Management; modifying sc ope of
	47	+	authority; amending 63 O.S. 2021, Section 683.9,
	48	+	which relates to emergency powers of the Govern or;
	49	+	limiting duration of certain proclamations; providing
	50	+	for approval of extension by Legislature; and
	51	+	providing an effective date.
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49	57		BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
50	58		SECTION 1. AMENDATORY 63 O.S. 2021, Se ction 683.4, is
51	59		amended to read as follow s:
52		-	Section 683.4 A. There is hereby created the Oklahom a
53		-	Department of Emergency Management (OEM). The Governor shall
54		-	appoint a Director of the Department, with the advice and conse nt of
55		-	the Senate, who shall be the head of the Department. The Governor
56		-	shall fix the salary of the Director, in cooperation wit h standards
57		-	promulgated by the Office of Management and Enterprise Services.
58		-	B. The Director may employ personnel and fix thei r compensation
59		-	in cooperation with standards p romulgated by the Office of
	60	+	A. There is hereby created the Oklahom a Department of Emergency
	61	+	Management (OEM). The Governor shall appoint a Director of the
	62	+	Department, with the advice and conse nt of the Senate, who shall be
	63	+	the head of the Department. The Governor shall fix the salary of
	64	+	the Director, in cooperation wit h standards promulgated by the
	65	+	Office of Management and Enterprise Services.
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61		-	ENGR. H. B. NO. 3061 Page 2 1
	67	+	HB3061 HFLR Page 2
	68	+	BOLD FACE denotes Committee Amendments. 1
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	93	+	B. The Director may employ personnel and fix thei r compensation
	94	+	in cooperation with standards p romulgated by the Office of
86	95		Management and Enterprise Services, and may make such e xpenditures
87	96		within the appropriation therefor, or from such other available
88	97		funds as may be necessary to carry out the purposes of the Oklahoma
89	98		Emergency Management Act of 2 003 and other programs specified by
90	99		law.
91	100		C. The Director and other personnel of th e Department shall be
92	101		provided with appropriate office space, furniture, equipment,
93	102		supplies, stationery, and printing in the s ame manner as provided
94	103		for personnel of other state agencies.
95	104		D. The Director, subject to the direction and control of the
96	105		Governor, shall be the executive head of the Department and shall
97	106		serve as the chief advisor to the Governor on emergency management
98	107		and shall:
99	108		1. Be responsible to the Governor for carrying out the programs
100	109		as required by law;
101	110		2. Coordinate the activities of all organizations for emergency
102	111		management within the state;
103	112		3. Maintain liaison with and cooperate with the emergency
104	113		management agencies and organizations of other state s and of the
105	114		federal government;
106	115		4. Develop and maintain a comprehensive all -hazards mitigation
107	116		plan for this state;
108		-	5. Implement the Oklahoma Hazard Mitigation Program;
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110		-	ENGR. H. B. NO. 3061 Page 3 1
	118	+	HB3061 HFLR Page 3
	119	+	BOLD FACE denotes Committee Amendments. 1
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	144	+	5. Implement the Oklahoma Hazard Mitigation Program;
135	145		6. Have such additional authority, duties, and responsibilities
136	146		authorized by the Oklahoma Emergency Management Act of 2003 and as
137	147		may be prescribed by the Governor;
138	148		7. Supervise the Office of Volunteerism in accordance with
139	149		Section 683.26 of this title; and
140	150		8. Report quarterly to the Gover nor, the Speaker of the House of
141	151		Representatives and the President Pro Tempore of the Se nate the
142	152		balance and outstanding obligatio ns of the State Emergency Fund.
143	153		E. The Director shall supervise the formulation, execution,
144	154		review and revisions of the state Emergency Operations Plan as
145	155		provided for by Section 683.2 of this title. The plan sha ll be
146	156		reviewed annually and revised as nec essary.
147	157		SECTION 2. AMENDATORY 63 O.S. 2021, Section 683.9, is
148	158		amended to read as follows:
149		-	Section 683.9 The provisions of this section shall be operative
150		-	only during the existence of a natural or man -made emergency. The
151		-	existence of such emerg ency may be proclaimed by the Governor o r by
152		-	concurrent resolution of the Legislature if the Governor in such
153		-	proclamation, or the Legislature in such resolution, finds that a n
154		-	emergency or disaster has occurred or is anticipated in the
155		-	immediate future. Any such emergency, whether proclaimed by the
156		-	Governor or by the Legislature, shall terminate upon the
157		-	proclamation of the termination thereof by the Governor , or by
158		-	automatically after thirty (30) days unless rene wed by concurrent
	159	+	The provisions of this section shall be operative only duri ng
	160	+	the existence of a natural or man -made emergency. The existence of
	161	+	such emergency may be proclaimed by the Governor o r by concurrent
	162	+	resolution of the Legislature if the Governor in such proclamation,
	163	+	or the Legislature in such resolution, finds that a n emergency or
	164	+	disaster has occurred or is anticipated in the immediate future.
	165	+	Any such emergency, whether proclaimed by the Governor or by the
	166	+	Legislature, shall terminate upon the proclamation of the
	167	+	termination thereof by the Governor , or by automatically after
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160		-	ENGR. H. B. NO. 3061 Page 4 1
	169	+	HB3061 HFLR Page 4
	170	+	BOLD FACE denotes Committee Amendments. 1
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185		-	resolution of the Legisl ature, whichever occurs first. Any such
186		-	emergency proclaimed by the Legislature shall terminate upon passage
187		-	by the Legislature of a concurrent resolution terminating such
188		-	emergency. During such period as such st ate of emergency exists or
189		-	continues, the Governor shall have and may exercise the following
190		-	additional emergency powers:
	195	+	thirty (30) days unless rene wed by concurrent resolution of the
	196	+	Legislature, whichever occurs first. Any such emergency procl aimed
	197	+	by the Legislature shall terminate upon passage by the Legislature
	198	+	of a concurrent resolution terminating such em ergency. During such
	199	+	period as such state of emergency exists or continues, the Governor
	200	+	shall have and may exercise the following addit ional emergency
	201	+	powers:
191	202		1. To activate the Emergency Operations Plan, and to assume
192	203		regulatory control over all essent ial resources of this state,
193	204		directly or through the boards, agencies, offices and officers
194	205		established by the Emergency Operations Plan, to determine
195	206		priorities of such resources and allocate such resources as the
196	207		Governor may deem necessary in cooperatio n with the political
197	208		subdivisions of this state, the federal government, or other states.
198	209		"Resources" shall mean all economic resources within this state
199	210		including but not li mited to food, manpower, health , water,
200	211		transportation, economic stabilization, e lectric power, petroleum,
201	212		gas, and solid fuel, industrial production, constructio n and
202	213		housing.
203	214		2. To enforce all laws, rules and regula tions relating to
204	215		emergency management and to assume direct operational control of any
205	216		or all emergency management forc es and helpers in this state.
206	217		3. To provide for the evacuation of all or part of the
207	218		population from any stricken or threatened area or areas within this
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209		-	ENGR. H. B. NO. 3061 Page 5 1
	220	+	HB3061 HFLR Page 5
	221	+	BOLD FACE denotes Committee Amendments. 1
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234	246		state and to take such steps as are necessary for the receipt and
235	247		care of such evacuees.
236	248		4. Subject to the provisions of the State Constitu tion, to
237	249		remove from office any public off icer having administrative
238	250		responsibilities under this a ct for willful failure to obey any
239	251		order, rule or regulation adopted pursuant to this act. Such
240	252		removal shall be upon charges after service upon such person of a
241	253		copy of such charges and after giving such person an opportunity to
242	254		be heard in the defense o f such person. Pending the preparation and
243	255		disposition of charges, the Governor may suspend such person for a
244	256		period not exceeding thirty (30) days. A vacan cy resulting from
245	257		removal or suspension pu rsuant to this section shall be filled by
246	258		the Governor until it is filled as otherwise provided by law.
247	259		5. To perform and exercise such other functions, powers, and
248	260		duties as are necessary to promote and secure th e safety and
249	261		protection of the civilian po pulation and to carry out the
250	262		provisions of the Emergenc y Operations Plan in a national or state
251	263		emergency.
252	264		SECTION 3. This act shall become effective November 1, 2024.
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279		-	Passed the House of Representati ves the 13th day of March, 2024.
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284		-	Presiding Officer of the House
285		-	of Representatives
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289		-	Passed the Senate the ___ day of __________, 2024.
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294		-	Presiding Officer of the Senate
	266	+	COMMITTEE REPORT BY: COMMIT TEE ON PUBLIC SAFETY, dated 02/27/2024 -
	267	+	DO PASS.