Oklahoma § 74-51.1 - Oklahoma Office of Homeland Security

§ 74-51.1. Oklahoma Office of Homeland Security

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:

Oklahoma Statutes - Title 74. State Government

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.

Oklahoma Statutes - Title 74. State Government

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.

§74-51.1a. Interoperable public safety communications planning.

A. In addition to the powers and duties as defined elsewhere in

statute, the Office of Homeland Security has the duty and

responsibility for interoperable public safety communications

planning within this state. As part of this duty the Office of

Homeland Security shall:

1. Annually develop and electronically report to the Governor,

President Pro Tempore of the Senate, and Speaker of the House of

Representatives, the Statewide Communications Interoperability Plan;

2. Coordinate statewide planning for public safety

communication needs of state government and state emergency

responders, including a migration plan for state agency use of

public safety communications technologies and rendering of aid

between state government and its political subdivisions for

organizing and use of disparate public safety communications

systems;

3. Serve as a focal point for all state-level projects

involving public safety communications vendors where the focus of

such authority can substantially enhance the state communications

plan or savings;

4. Apply for, receive and hold, or assist state agencies in

applying for, receiving or holding such authorizations, licenses,

and allocations of channels and frequencies to carry out the

purposes of this section;

5. Establish minimum standards and protocols for acquisition,

development, or enhancement of public safety communications

technologies. These standards shall be utilized by the Information

Services Division of the Office of Management and Enterprise

Services pursuant to the provisions of Section 34.20 of Title 62 of

the Oklahoma Statutes; and

6. Accomplish such other purposes as may be necessary or

incidental to the administration of its authority or functions

pursuant to law.

B. It is the intent of the Legislature that all state public

entities comply with the provisions of the Statewide Communications

Oklahoma Statutes - Title 74. State Government

Interoperability Plan issued by the Office of Homeland Security.

All state agencies are required to review the provisions of the

Statewide Communications Interoperability Plan and the public safety

communications standards issued by the Office of Homeland Security

prior to the purchase, acquisition, development, or enhancement of

any public safety communications system. Local public safety

agencies and political subdivisions of the state are encouraged, but

not required, to review the provisions of the Statewide

Communications Interoperability Plan and the public safety

communications standards issued by the Office of Homeland Security

prior to the purchase, acquisition, development, or enhancement of

any public safety communications system to assist the local public

safety agency or political subdivision in purchasing decisions.

C. No state agency shall use state funds or enter into any

agreement for the acquisition, development, or enhancement of a

public safety communication system unless the request is consistent

with the Statewide Communications Interoperability Plan and the

public safety communications standards issued by the Office of

Homeland Security.

Added by Laws 2009, c. 212, § 1, eff. Nov. 1, 2009. Amended by Laws

2012, c. 304, § 700; Laws 2022, c. 302, § 2; Laws 2024, c. 257, § 2,

emerg. eff. May 1, 2024.