Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB672 Latest Draft

Bill / Enrolled Version Filed 04/22/2025

                             
 
 
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: _________________________________