OK
Oklahoma Senate Bill SB672

Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB672 Compare Versions

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4-An Act
5-ENROLLED SENATE
6-BILL NO. 672 By: McIntosh, Jett, Deevers,
7-Hamilton, Gillespie, and
8-Bullard of the Senate
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+1st Session of the 60th Legislature (2025)
34+
35+ENGROSSED SENATE
36+BILL NO. 672 By: McIntosh, Deevers, Jett,
37+Hamilton, and Gillespie of
38+the Senate
939
1040 and
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12- West (Kevin), Chapman,
13-Maynard, Hill, Woolley,
14-Steagall, and Staires of
15-the House
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42+ West (Kevin), Chapman, and
43+Maynard of the House
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2147 An Act relating to emergency management; amending 63
2248 O.S. 2021, Sections 683.8 and 683.9, which relate to
2349 powers and duties of Governor and natural or man -made
2450 emergencies; prohibiting Governor from closing
2551 businesses under certain circumstances; r equiring
2652 certain evidence for authorized closure; requiring
2753 due process for businesses ordered to close; defining
2854 term; updating statutory reference; providing an
2955 effective date; and declaring an emergency .
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35-SUBJECT: Emergency management
36-
3761 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
38-
3962 SECTION 1. AMENDATORY 63 O.S. 2021, Section 683.8, is
4063 amended to read as follows:
41-
4264 Section 683.8. A. The Governor shall have general direction
4365 and control of the Oklahoma Department of Emergency Management and
4466 shall be responsible for carrying out the provisions of the Oklahoma
4567 Emergency Management Act of 2003. In the event of an emergency that
4668 exceeds local capability, the Governor may assume direct operational
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4996 control over all or any part of the emergency management f unctions
5097 within this state.
51-
5298 B. The Governor shall have general direction and control of
5399 emergency management within the state and all officers, boards,
54100 agencies, individual or groups established under the Emergency
55101 Operations Plan. The Governor shall hav e the authority pursuant to
56102 the Oklahoma Emergency Management Act of 2003 to establish such
57103 offices, boards, agencies , or positions as may be necessary to carry
58104 into effect the Emergency Operations Plan.
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60105 C. The Governor is authorized to cooperate with the federal
61106 government, with other states , and with private agencies in all
62107 matters pertaining to the emergency management of this state and of
63108 the nation.
64-
65109 D. To effect the policy and purpose of the Oklahoma Emergency
66110 Management Act of 2003, the Governor is further authorized and
67111 empowered to:
68-
69112 1. Make, amend, and rescind the necessary orders and rules to
70113 carry out the provisions of the Oklahoma Emergency Management Act of
71114 2003 within the limits of authority conferred upon the Governor
72115 herein, with due consid eration of the emergency management plans of
73116 the federal government;
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75117 2. Cause to be prepared and updated annually a comprehensive
76118 plan and program for emergency management of this state, such plans
77119 and programs to be integrated into and coordinated with t he plans of
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78147 the federal government and of other states to the fullest possible
79148 extent, and to coordinate the preparation of plans and programs for
80149 emergency management by the political subdivisions of this state;
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82150 3. Procure supplies and equipment in accor dance with such plans
83151 and programs, institute training programs and public information
84152 programs, take all other preparatory steps , including the partial or
85153 full activation of emergency management organizations in advance of
86154 actual disaster, and to ensure t he furnishing of adequately trained
87155 and equipped personnel in time of need, during periods of national
88156 emergency, or man-made or natural disasters that might occur in this
89157 state, or which develop into emergency situations;
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93158 4. On behalf of this state, ente r into mutual aid arrangements
94159 with other states and coordinate mutual aid plans between political
95160 subdivisions of this state;
96-
97161 5. Delegate any administrative authority vested in the Governor
98162 pursuant to the Oklahoma Emergency Management Act of 2003, and
99163 provide for subdelegation of any such authority;
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101164 6. Confirm the appointment of qualified emergency managers upon
102165 recommendations of local authorities as provided in Section 683.11
103166 of this title;
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105167 7. Cooperate with the President of the United States and the
106168 heads of the Armed Forces, the Federal Emergency Management Agency ,
107169 and other appropriate federal officers and agencies, with the
108170 officers and agencies of other states in matters pertaining to the
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109198 emergency management of the state and nation , including the
110199 direction and control of:
111-
112200 a. state emergency management activations and exercises,
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114201 b. warnings for actual or exercise events and the
115202 equipment to be used in connection therewith,
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117203 c. the conduct of civilians and the movement of and
118204 cessation of movement o f pedestrians and vehicular
119205 traffic during, prior and subsequent to natural and
120206 man-made disasters and emergencies,
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122207 d. public meetings or gatherings, and
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124208 e. the evacuation and reception of the civil population;
125209 and
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127210 8. Prescribe uniform signals, warnings, alerts, credentials and
128211 insignia.
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130212 E. In addition to prevention measures included in the state and
131213 local comprehensive plans and programs for emergency management, the
132214 Governor shall consider on a continuing basis steps that could be
133215 taken to mitigate the harmful consequences of emergencies and
134216 natural disasters. At the Governor ’s direction and pursuant to any
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137217 other authority specified by law, state agencies , including, but not
138218 limited to, those charged with responsibilities in connection with
139219 floodplain management, stream encroachment and flow regulation,
140220 weather modification, fire prevention and control, air quality,
141221 public works, land use and land use planning, and construction
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142249 standards, shall make studies of matters related to potential to
143250 emergency and man-made or natural disasters or to mitigate emergency
144251 and natural disasters. The Governor, from time to time, shall make
145252 such recommendations to the Legislature, to political subdivisions
146253 and to other appropriate public and private entities as may
147254 facilitate measures for mitigation of the harmful consequences of
148255 emergencies and natural disasters.
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150256 F. Pursuant to the Inherent Rights clause in Section 2 of
151257 Article II of the Oklahoma Constitution which states “All persons
152258 have the inherent right to life, l iberty, the pursuit of happiness,
153259 and the enjoyment of the gains of their own industry ”, during a
154260 pandemic under a declared state of emergency by the Governor or the
155261 President of the United States, the Governor of this state shall not
156262 close or force the cl osing of any business without documented
157263 scientific evidence that the nature of a particular business
158264 actually contributes to the direct spreading of disease relating to
159265 the pandemic. The Governor shall be required to give notice and
160266 hearing to any busine ss determined to be nonessential or detrimental
161267 to the health and safety of citizens during a pandemic before
162268 issuing an executive order against keeping such business open.
163-
164269 SECTION 2. AMENDATORY 63 O.S. 2021, Section 683.9, is
165270 amended to read as follows:
166-
167271 Section 683.9. The provisions of this section shall be
168272 operative only during the existence of a natural or man -made
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169300 emergency. The existence of such emergency may be proclaimed by the
170301 Governor or by concurrent resolution of the L egislature if the
171302 Governor in such proclamation, or the Legislature in such
172303 resolution, finds that an emergency or disaster has occurred or is
173304 anticipated in the immediate future. Any such emergency, whether
174305 proclaimed by the Governor or by the Legislatur e, shall terminate
175306 upon the proclamation of the termination thereof by the Governor, or
176307 by passage by the Legislature of a concurrent resolution terminating
177308 such emergency. During such period as such state of emergency
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180309 exists or continues, the Governor sh all have and may exercise the
181310 following additional emergency powers:
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183311 1. To activate the Emergency Operations Plan, and to assume
184312 regulatory control over all essential resources of this state,
185313 directly or through the boards, agencies, offices and officers
186314 established by the Emergency Operations Plan, to determine
187315 priorities of such resources and allocate such resources as the
188316 Governor may deem necessary in cooperation with the political
189317 subdivisions of this state, the federal government , or other states.
190318 For purposes of this paragraph:
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192319 a. “Resources” shall mean “resources” means all economic
193320 resources within this state including , but not limited
194321 to, food, manpower, health, water, transportation,
195322 economic stabilization, electric power, petroleum,
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196350 gas, and solid fuel, industrial production,
197351 construction and housing , and
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199352 b. “economic stabilization ” means the maintaining of the
200353 monetary, taxation, and revenue policies of this state
201354 without a negative effect to the market economy and
202355 its operations and specifical ly excludes the
203356 determination of essential or nonessential private
204357 business enterprises or the closing of private
205358 business enterprises .
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207359 2. To enforce all laws, rules and regulations relating to
208360 emergency management and to assume direct operational control of any
209361 or all emergency management forces and helpers in this state.
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211362 3. To provide for the evacuation of all or part of the
212363 population from any stricken or threatened area or areas within this
213364 state and to take such steps as are necessary for the receipt and
214365 care of such evacuees.
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216366 4. Subject to the provisions of the State Oklahoma
217367 Constitution, to remove from office any public officer having
218368 administrative responsibilities under this act for willful failure
219369 to obey any order, rule or regulation adopted p ursuant to this act.
220370 Such removal shall be upon charges after service upon such person of
221371 a copy of such charges and after giving such person an opportunity
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224372 to be heard in the defense of such person. Pending the preparation
225373 and disposition of charges, th e Governor may suspend such person for
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226401 a period not exceeding thirty (30) days. A vacancy resulting from
227402 removal or suspension pursuant to this section shall be filled by
228403 the Governor until it is filled as otherwise provided by law.
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230404 5. To perform and exe rcise such other functions, powers , and
231405 duties as are necessary to promote and secure the safety and
232406 protection of the civilian population and to carry out the
233407 provisions of the Emergency Operations Plan in a national or state
234408 emergency.
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236409 SECTION 3. This act shall become effective July 1, 2025.
237-
238410 SECTION 4. It being immediately necessary for the preservation
239411 of the public peace, health or safety, an emergency is hereby
240412 declared to exist, by reason whereof this act shall take e ffect and
241413 be in full force from and after its passage and approval.
242414
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245-Passed the Senate the 26th day of March, 2025.
246-
247-
248-
249- Presiding Officer of the Senate
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252-Passed the House of Representatives the 21st day of April, 2025.
253-
254-
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256- Presiding Officer of the Hous e
257- of Representatives
258-
259-OFFICE OF THE GOVERNOR
260-Received by the Office of the Governor this _______ _____________
261-day of _________________ __, 20_______, at _______ o'clock _______ M.
262-By: _________________________________
263-Approved by the Governor of the State of Oklahoma this _______ __
264-day of _________________ __, 20_______, at _______ o'clock _______ M.
265-
266- _________________________________
267- Governor of the State of Oklahoma
268-
269-
270-OFFICE OF THE SECRETARY OF STATE
271-Received by the Office of the Secretary of State this __________
272-day of _________________ _, 20 _______, at _______ o'clock _______ M.
273-By: _________________________________
415+COMMITTEE REPORT BY: COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT
416+OVERSIGHT, dated 04/16/2025 - DO PASS, As Coauthored.