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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 out 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 to
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 emergency 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 adequately 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 arrangements
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 subdelegation 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, credentials 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 consequences 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, the 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 determined 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 Legislature 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, shall 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 have 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 excludes 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 and
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 pursuant 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 exercise 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 House
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: _________________________________