Oklahoma § 63-683.13 - Emergency management activities declared as

§ 63-683.13. Emergency management activities declared as

governmental functions - Workers' benefit rights preserved.

A. All functions hereunder and all other activities relating to

emergency management are hereby declared to be governmental

functions. The provisions of this section shall not affect the

right of any person to receive benefits to which the person would

otherwise be entitled under this act, or under the workers'

compensation law, or under any pension law, nor the right of any

such person to receive any benefits or compensation under any Act of

Congress. Any municipal fireman or policeman engaged in any

emergency management activities, while complying with or attempting

to comply with this act or any rule or regulation pursuant thereto,

shall be considered as serving in his or her regular line of duty

and shall be entitled to all benefits of any applicable pension

fund.

B. Any requirement for a license to practice any professional,

mechanical, or other skill shall not apply to any authorized

emergency management worker from any state rendering mutual aid and

who holds a comparable license in that state, who shall practice

such professional, mechanical, or other skill during an emergency

Oklahoma Statutes - Title 63. Public Health and Safety

declared under the provisions of this act, when such professional,

mechanical or other skill is exercised in accordance with the

provisions of this act.

C. As used in this section, the term "emergency management

worker" shall include any full or part-time paid, volunteer, or

auxiliary employee of this state, or other states, territories,

possession or the District of Columbia, of the federal government,

or any neighboring country, or of any political subdivision thereof,

or of any agency or organization, performing emergency management

services under state supervision, and who has been properly trained

in the performance of emergency management functions, at any place

in this state subject to the order or control of, or pursuant to a

request of, the state government or any political subdivision

thereof. The term "emergency management worker" shall not include

any volunteer health practitioner subject to the provisions of the

Uniform Emergency Volunteer Health Practitioners Act.

D. Any emergency management worker, as defined in this section,

performing emergency management services at any place in this state

pursuant to agreements, compacts, or arrangements for mutual aid and

assistance, to which the state or a political subdivision thereof is

a party, shall possess the same powers, duties, immunities, and

privileges the person would ordinarily possess if performing the

same duties in the state, province, or political subdivision thereof

in which normally employed or rendering services.

Added by Laws 1967, c. 33, § 13, emerg. eff. Feb. 14, 1967. Amended

by Laws 2003, c. 329, § 12, emerg. eff. May 29, 2003; Laws 2013, 1st

Ex.Sess., c. 17, § 5, emerg. eff. Sept. 10, 2013; Laws 2013, 1st

Ex.Sess., c. 17, § 6, emerg. eff. Sept. 10, 2013.

NOTE: Laws 2009, c. 78, § 13 repealed by Laws 2010, c. 2, § 53,

emerg. eff. March 3, 2010.

NOTE: Laws 2009, c. 228, § 30 was held unconstitutional by the

Oklahoma Supreme Court in the case of Douglas v. Cox Retirement

Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed

by Laws 2013, 1st Ex.Sess., c. 17, § 4, emerg. eff. Sept. 10, 2013.