A. There is hereby created within the Department of Public Safety, the Office of Homeland Security. The Commissioner of Public Safety shall be the Homeland Security Advisor and shall possess or obtain federally recognized clearances as appropriate to perform the duties of the position. The Commissioner of Public Safety, as Homeland Security Advisor, shall be responsible for the operation and administration of the Office. The Commissioner shall appoint subordinates and employees and may make such expenditures with appropriated funds, or from such other available funds as may be necessary to carry out the purposes of the Oklahoma Homeland Security Act and other programs specified by law. B. The Commissioner may commission any employees appointed to the Office as peace officers. Any member of the Office who receives a commission pursuant to the provisions of this subsection shall exercise the powers and authority of an officer of the Department of Public Safety, as provided for in Section 2-117 of Title 47 of the Oklahoma Statutes, provided such commissions shall be subject to all requirements set forth by the Commissioner, and the Commissioner may set forth any limitations on the power and scope of the commission. All commissioned staff must obtain and maintain certification as full-time peace officers in accordance with the provisions of Section 3311 of Title 70 of the Oklahoma Statutes. C. The Office of Homeland Security shall consist of at least three functions: 1. Prevention and Intelligence; 2. Response and Recovery Planning; and 3. Awareness and Preparedness. D. Other federal, state, and local personnel may be assigned to the Office of Homeland Security pursuant to an interagency agreement. All positions and personnel of the Office of Homeland Security shall be exempt from the full-time employee limit of the Department of Public Safety. E. The Office of Homeland Security shall have the duty and responsibility to develop and coordinate the implementation and administration of a comprehensive statewide strategy that is integrated into the emergency operations plan to secure this state from the results of acts of terrorism, from a public health emergency, from cyberterrorism, and from weapons of mass destruction as that term is defined in 18 U.S.C., Section 2332a, and to perform other duties assigned by the Commissioner. These duties shall include but not be limited to: 1. Representing this state with federal agencies as the state Homeland Security Advisor for purposes of accessing federal funds and cooperating with federal agencies in the development and implementation of a nationwide homeland security plan of response; and 2. Coordinating the Homeland Security efforts within this state including working with the Governor and Legislature, state agencies, and local elected officials and local governments, emergency responder groups, private-sector businesses, educational institutions, volunteer organizations, and the general public. State agencies receiving federal funding for homeland security purposes shall report the amount and intended use of those funds to the Office of Homeland Security to ensure efficient use of funds and to avoid duplication of efforts. F. Included in the comprehensive statewide strategy and consistent with the National Strategy for Homeland Security, as promulgated by the Executive Office of the President of the United States, or its successor plan or plans, the Office of Homeland Security shall establish the following strategic objectives for this state: 1. To prevent terrorist attacks; 2. To reduce vulnerability to terrorism; 3. To minimize the damage from and to recover from terrorist attacks; and 4. Such other duties as the Governor may prescribe. G. The Office of Homeland Security shall have the following duties: 1. Establish a plan for the effective implementation of a statewide emergency all-hazards response system including the duties and responsibilities of regional emergency response teams; 2. Create, implement, and administer an advisory system; 3. Coordinate and prepare applications for federal funds related to homeland security and accessing and distributing the federal funds; and 4. Cooperate with federal agencies in the development and implementation of a nationwide homeland security plan or response. H. The Office of Homeland Security may enter into contracts, agreements, and memoranda of understanding with any public agency, as defined in Section 1003 of this title, for equipment and personnel, or both, to carry out the requirements of the Oklahoma Homeland Security Act. Such agreements may include any provisions agreed upon by the parties and as required by any federal or state grant, if applicable. I. All state agencies and political subdivisions of this state and all officers and employees of those agencies and political subdivisions are hereby directed to cooperate with and lend assistance to the Office of Homeland Security. J. All personnel, motor vehicles, computer and communications equipment, training equipment, records, furniture, and other property and equipment allocated to the Office of Homeland Security shall remain with the Office of Homeland Security upon its transfer from the Oklahoma Department of Emergency Management to the Department of Public Safety as of the effective date of this act. Added by Laws 2002, S.J.R. No. 42, § 1, emerg. eff. Feb. 21, 2002. Amended by Laws 2004, c. 157, § 2, emerg. eff. April 26, 2004. Renumbered from § 10.6 of this title by Laws 2004, c. 157, § 8, emerg. eff. April 26, 2004. Amended by Laws 2022, c. 302, § 1; Laws 2024, c. 257, § 1, emerg. eff. May 1, 2024.
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