An Act ENROLLED SENATE BILL NO. 672 By: McIntosh, Jett, Deevers, Hamilton, Gillespie, and Bullard of the Senate and West (Kevin), Chapman, Maynard, Hill, Woolley, Steagall, and Staires of the House An Act relating to emergency management; amending 63 O.S. 2021, Sections 683.8 and 683.9, which relate to powers and duties of Governor and natural or man -made emergencies; prohibiting Governor from closing businesses under certain circumstances; requiring certain evidence for authorized closure; requiring due process for businesses ordered to close; defining term; updating statutory reference; providing an effective date; and declaring an emergency . SUBJECT: Emergency management BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 63 O.S. 2021, Section 683.8, is amended to read as follows: Section 683.8. A. The Governor shall have general direction and control of the Oklahoma Department of Emergency Management and shall be responsible for carrying ou t the provisions of the Oklahoma Emergency Management Act of 2003. In the event of an emergency that exceeds local capability, the Governor may assume direct operational ENR. S. B. NO. 672 Page 2 control over all or any part of the emergency management functions within this state. B. The Governor shall have general direction and control of emergency management within the state and all officers, boards, agencies, individual or groups established under the Emergency Operations Plan. The Governor shall have the authority pursuant t o the Oklahoma Emergency Management Act of 2003 to establish such offices, boards, agencies , or positions as may be necessary to carry into effect the Emergency Operations Plan. C. The Governor is authorized to cooperate with the federal government, with other states, and with private agencies in all matters pertaining to the emergency management of this state and of the nation. D. To effect the policy and purpose of the Oklahoma Emergency Management Act of 2003, the Governor is further authorized and empowered to: 1. Make, amend, and rescind the necessary orders and rules to carry out the provisions of the Oklahoma Emergency Management Act of 2003 within the limits of authority conferred upon the Governor herein, with due consideration of the emergenc y management plans of the federal government; 2. Cause to be prepared and updated annually a comprehensive plan and program for emergency management of this state, such plans and programs to be integrated into and coordinated with the plans of the federal government and of other states to the fullest possible extent, and to coordinate the preparation of plans and programs for emergency management by the political subdivisions of this state; 3. Procure supplies and equipment in accordance with such plans and programs, institute training programs and public information programs, take all other preparatory steps , including the partial or full activation of emergency management organizations in advance of actual disaster, and to ensure the furnishing of adeq uately trained and equipped personnel in time of need, during periods of national emergency, or man-made or natural disasters that might occur in this state, or which develop into emergency situations; ENR. S. B. NO. 672 Page 3 4. On behalf of this state, enter into mutual aid ar rangements with other states and coordinate mutual aid plans between political subdivisions of this state; 5. Delegate any administrative authority vested in the Governor pursuant to the Oklahoma Emergency Management Act of 2003, and provide for subdeleg ation of any such authority; 6. Confirm the appointment of qualified emergency managers upon recommendations of local authorities as provided in Section 683.11 of this title; 7. Cooperate with the President of the United States and the heads of the Armed Forces, the Federal Emergency Management Agency , and other appropriate federal officers and agencies, with the officers and agencies of other states in matters pertaining to the emergency management of the state and nation , including the direction and control of: a. state emergency management activations and exercises, b. warnings for actual or exercise events and the equipment to be used in connection therewith, c. the conduct of civilians and the movement of and cessation of movement of pedestrians and vehicular traffic during, prior and subsequent to natural and man-made disasters and emergencies, d. public meetings or gatherings, and e. the evacuation and reception of the civil population; and 8. Prescribe uniform signals, warnings, alerts, cre dentials and insignia. E. In addition to prevention measures included in the state and local comprehensive plans and programs for emergency management, the Governor shall consider on a continuing basis steps that could be taken to mitigate the harmful co nsequences of emergencies and natural disasters. At the Governor ’s direction and pursuant to any ENR. S. B. NO. 672 Page 4 other authority specified by law, state agencies , including, but not limited to, those charged with responsibilities in connection with floodplain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, land use and land use planning, and construction standards, shall make studies of matters related to potential to emergency and man-made or natural disasters or to mitigate emergency and natural disasters. The Governor, from time to time, shall make such recommendations to the Legislature, to political subdivisions and to other appropriate public and private entities as may facilitate measures for mitigation of the harmful consequences of emergencies and natural disasters. F. Pursuant to the Inherent Rights clause in Section 2 of Article II of the Oklahoma Constitution which states “All persons have the inherent right to life, liberty, t he pursuit of happiness, and the enjoyment of the gains of their own industry ”, during a pandemic under a declared state of emergency by the Governor or the President of the United States, the Governor of this state shall not close or force the closing of any business without documented scientific evidence that the nature of a particular business actually contributes to the direct spreading of disease relating to the pandemic. The Governor shall be required to give notice and hearing to any business determ ined to be nonessential or detrimental to the health and safety of citizens during a pandemic before issuing an executive order against keeping such business open. 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 Legislature 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, shal l terminate upon the proclamation of the termination thereof by the Governor, or by passage by the Legislature of a concurrent resolution terminating such emergency. During such period as such state of emergency ENR. S. B. NO. 672 Page 5 exists or continues, the Governor shall hav e and may exercise the following additional emergency powers: 1. To activate the Emergency Operations Plan, and to assume regulatory control over all essential 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 cooperation with the political subdivisions of this state, the federal government , or other states. For purposes of this paragraph: a. “Resources” shall mean “resources” means all economic resources within this state including , but not limited to, food, manpower, health, water, transportation, economic stabilization, electric power, petroleum, gas, and solid fuel, industrial production, construction and housing , and b. “economic stabilization ” means the maintaining of the monetary, taxation, and revenue policies of this state without a negative effect to the market economy and its operations and specifically e xcludes the determination of essential or nonessential private business enterprises or the closing of private business enterprises . 2. To enforce all laws, rules and regulations relating to emergency management and to assume direct operational control of any or all emergency management forces 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 state and to take such steps as are necessary for the receipt a nd care of such evacuees. 4. Subject to the provisions of the State Oklahoma Constitution, to remove from office any public officer having administrative responsibilities under this act for willful failure to obey any order, rule or regulation adopted pu rsuant 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 ENR. S. B. NO. 672 Page 6 to be heard in the defense of 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 pursuant to this section shall be filled by the Governor until it is filled as otherwise provided by law. 5. To perform and exe rcise such other functions, powers , and duties as are necessary to promote and secure the safety and protection of the civilian population and to carry out the provisions of the Emergency Operations Plan in a national or state emergency. SECTION 3. This act shall become effective July 1, 2025. SECTION 4. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. ENR. S. B. NO. 672 Page 7 Passed the Senate the 26th day of March, 2025. Presiding Officer of the Senate Passed the House of Representatives the 21st day of April, 2025. Presiding Officer of the Hous e of Representatives OFFICE OF THE GOVERNOR Received by the Office of the Governor this _______ _____________ day of _________________ __, 20_______, at _______ o'clock _______ M. By: _________________________________ Approved by the Governor of the State of Oklahoma this _______ __ day of _________________ __, 20_______, at _______ o'clock _______ M. _________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this __________ day of _________________ _, 20 _______, at _______ o'clock _______ M. By: _________________________________