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 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; 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 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 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. Added by Laws 1967, c. 33, § 8, emerg. eff. Feb. 14, 1967. Amended by Laws 1999, c. 57, § 6, eff. July 1, 1999; Laws 2003, c. 329, § 8, emerg. eff. May 29, 2003; Laws 2025, c. 7, § 1, eff. July 1, 2025.
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