1 STATE OF OKLAHOMA
1
2 2nd Session of the 59th Legislature (2024)
2
3 HOUSE BILL 3061 By: Steagall
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to public health and safety; amending
7 63 O.S. 2021, Section 683.4, which relates to powers
8 and duties of the director of the Oklahoma Department
8 of Emergency Management; modifying scope of
9 authority; amending 63 O.S. 2021, Section 683.9,
9 which relates to emergency powers of the Governor;
10 limiting duration of certain proclamations; providing
10 for approval of extension by Legislature; and
11 providing an effective date.
11
12
12
13
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
14
15 SECTION 1. AMENDATORY 63 O.S. 2021, Section 683.4, is
15
16 amended to read as follows:
16
17 A. There is hereby created the Oklahoma Department of Emergency
17
18 Management (OEM). The Governor shall appoint a Director of the
18
19 Department, with the advice and consent of the Senate, who shall be
19
20 the head of the Department. The Governor shall fix the salary of
20
21 the Director, in cooperation with standards promulgated by the
21
22 Office of Management and Enterprise Services.
22
23 B. The Director may employ personnel and fix their compensation
23
24 in cooperation with standards promulgated by the Office of
24
Req. No. 9259 Page 1
 1 Management and Enterprise Services, and may make such expenditures
1
2 within the appropriation therefor, or from such other available
2
3 funds as may be necessary to carry out the purposes of the Oklahoma
3
4 Emergency Management Act of 2003 and other programs specified by
4
5 law.
5
6 C. The Director and other personnel of the Department shall be
6
7 provided with appropriate office space, furniture, equipment,
7
8 supplies, stationery, and printing in the same manner as provided
8
9 for personnel of other state agencies.
9
10 D. The Director, subject to the direction and control of the
10
11 Governor, shall be the executive head of the Department and shall
11
12 serve as the chief advisor to the Governor on emergency management
12
13 and shall:
13
14 1. Be responsible to the Governor for carrying out the programs
14
15 as required by law;
15
16 2. Coordinate the activities of all organizations for emergency
16
17 management within the state;
17
18 3. Maintain liaison with and cooperate with the emergency
18
19 management agencies and organizations of other states and of the
19
20 federal government;
20
21 4. Develop and maintain a comprehensive all-hazards mitigation
21
22 plan for this state;
22
23 5. Implement the Oklahoma Hazard Mitigation Program;
23
24
24
Req. No. 9259 Page 2
 1 6. Have such additional authority, duties, and responsibilities
1
2 authorized by the Oklahoma Emergency Management Act of 2003 and as
2
3 may be prescribed by the Governor;
3
4 7. Supervise the Office of Volunteerism in accordance with
4
5 Section 683.26 of this title; and
5
6 8. Report quarterly to the Governor, the Speaker of the House of
6
7 Representatives and the President Pro Tempore of the Senate the
7
8 balance and outstanding obligations of the State Emergency Fund.
8
9 E. The Director shall supervise the formulation, execution,
9
10 review and revisions of the state Emergency Operations Plan as
10
11 provided for by Section 683.2 of this title. The plan shall be
11
12 reviewed annually and revised as necessary.
12
13 SECTION 2. AMENDATORY 63 O.S. 2021, Section 683.9, is
13
14 amended to read as follows:
14
15 The provisions of this section shall be operative only during
15
16 the existence of a natural or man-made emergency. The existence of
16
17 such emergency may be proclaimed by the Governor or by concurrent
17
18 resolution of the Legislature if the Governor in such proclamation,
18
19 or the Legislature in such resolution, finds that an emergency or
19
20 disaster has occurred or is anticipated in the immediate future.
20
21 Any such emergency, whether proclaimed by the Governor or by the
21
22 Legislature, shall terminate upon the proclamation of the
22
23 termination thereof by the Governor, or by automatically after
23
24 thirty (30) days unless renewed by concurrent resolution of the
24
Req. No. 9259 Page 3
 1 Legislature, whichever occurs first. Any such emergency proclaimed
1
2 by the Legislature shall terminate upon passage by the Legislature
2
3 of a concurrent resolution terminating such emergency. During such
3
4 period as such state of emergency exists or continues, the Governor
4
5 shall have and may exercise the following additional emergency
5
6 powers:
6
7 1. To activate the Emergency Operations Plan, and to assume
7
8 regulatory control over all essential resources of this state,
8
9 directly or through the boards, agencies, offices and officers
9
10 established by the Emergency Operations Plan, to determine
10
11 priorities of such resources and allocate such resources as the
11
12 Governor may deem necessary in cooperation with the political
12
13 subdivisions of this state, the federal government, or other states.
13
14 "Resources" shall mean all economic resources within this state
14
15 including but not limited to food, manpower, health, water,
15
16 transportation, economic stabilization, electric power, petroleum,
16
17 gas, and solid fuel, industrial production, construction and
17
18 housing.
18
19 2. To enforce all laws, rules and regulations relating to
19
20 emergency management and to assume direct operational control of any
20
21 or all emergency management forces and helpers in this state.
21
22 3. To provide for the evacuation of all or part of the
22
23 population from any stricken or threatened area or areas within this
23
24
24
Req. No. 9259 Page 4
 1 state and to take such steps as are necessary for the receipt and
1
2 care of such evacuees.
2
3 4. Subject to the provisions of the State Constitution, to
3
4 remove from office any public officer having administrative
4
5 responsibilities under this act for willful failure to obey any
5
6 order, rule or regulation adopted pursuant to this act. Such
6
7 removal shall be upon charges after service upon such person of a
7
8 copy of such charges and after giving such person an opportunity to
8
9 be heard in the defense of such person. Pending the preparation and
9
10 disposition of charges, the Governor may suspend such person for a
10
11 period not exceeding thirty (30) days. A vacancy resulting from
11
12 removal or suspension pursuant to this section shall be filled by
12
13 the Governor until it is filled as otherwise provided by law.
13
14 5. To perform and exercise such other functions, powers, and
14
15 duties as are necessary to promote and secure the safety and
15
16 protection of the civilian population and to carry out the
16
17 provisions of the Emergency Operations Plan in a national or state
17
18 emergency.
18
19 SECTION 3. This act shall become effective November 1, 2024.
19
20
20
21 59-2-9259 TJ 01/02/24
21
22
22
23
23
24
24
Req. No. 9259 Page 5