2022 Oklahoma Statutes
Title 74. State Government
§74-51.1. Oklahoma Office of Homeland Security.

A. There is hereby created within the Oklahoma Department of Emergency Management, the Office of Homeland Security. The Director of the Department shall be the chief officer of the Office and shall appoint a Homeland Security Advisor who shall be responsible to the Director for the operation and administration of the Office. The Director shall determine the salary for the Advisor in cooperation with standards promulgated by the Office of Management and Enterprise Services, and may make such expenditures within the appropriation therefor, 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 Advisor shall possess or obtain federally recognized clearances as appropriate to perform the duties of the position.

1. Any employee of state government appointed by the Director to the position of Advisor shall have a right to return to the previously held classified position of the employee without any loss of rights, privileges or benefits immediately upon completion of the duties as Advisor, provided the employee is not otherwise disqualified.

2. Any person appointed to the position of Advisor, if already a member of a state retirement system, shall be eligible to continue participation in that system. If not a member of a state retirement system, the Advisor shall be eligible to participate in the Oklahoma Public Employees Retirement System. The Advisor shall be eligible for participation in only one retirement system and shall elect in writing the system in which the Advisor intends to participate.

3. The Commissioner of the Department of Public Safety may commission the Director, Advisor and designated staff within the agency as specified by the Director, as peace officers. All commissioned staff must obtain and maintain certification as law enforcement officers by the Council on Law Enforcement Education and Training (CLEET).

C. The Oklahoma 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. The Director shall be authorized to employ personnel necessary to achieve the mission of the Office. Other federal, state and local personnel may be assigned to the Office of Homeland Security pursuant to an interagency agreement.

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 the State of Oklahoma 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 Director. These duties shall include but not be limited to:

1. Representing the State of Oklahoma 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 the State of Oklahoma including working with the Director, 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 Department 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 Office of the President of the United States, or its successor plan or plans, the Advisor shall establish the following strategic objectives for Oklahoma:

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 Department and any local government may enter into contracts with each other for equipment and personnel, or both, to carry out the requirements of the Homeland Security Act. The contract 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 Director and Advisor.

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.