COVID-19 Spread Increases

Legislature Gives Gov. Emergency Powers

In response to the increasing spread of the COVID-19 pandemic in Oklahoma, the state legislature on Monday, April 6, overwhelmingly approved a measure to grant extraordinary powers to the Gov. Kevin Stitt under the Catastrophic Health Emergency Act.

The act, which Stitt invoked over the weekend, grants the governor several emergency powers, including the centralization of all state and county health departments, as well as any other department of the state government or any of its political subdivisions; spending authority of up $50 million; and the power to waive certain laws and regulations, such as licensure requirements for health care providers and first responders. It also authorizes the governor to mobilize part or all of the Oklahoma National Guard to enforce the orders of the state Commissioner of Health.

The move comes in response to the rapid spread of the COVID-19 virus across Oklahoma. In the month since the first confirmed positive case on March 7, 2020, the number of cases has jumped to 1,327, with 51 deaths, as of Monday, April 6, and has been confirmed in 56 of Oklahoma’s 77 counties.

While the legislature overwhelmingly approved the measure, Rep. Tommy Hardin of Madill voted against the move. His opposition, he said, wasn’t intended to diminish the severity of the issue, but based on the legality of the action.

“My actions today are not in any way meant to diminish the suffering of Oklahomans who may be ill with COVID-19 or who have lost loved ones to this disease,” he said in a press release Monday. “I don’t believe, however, that this current crisis meets the requirements of the Catastrophic Health Emergency Act. I believe the Legislature could have worked with the governor to grant him specific authority on some of the sections of law in this act. Furthermore, the Legislature could have extended that more limited authority for longer than 30 days, ending the requirement for multiple days of special session, saving the taxpayers money.”

As of press time, Gov. Stitt and the Health Emergency Task Force had issued no new directives beyond those contained in the executive order of last week. That order expanded non-essential business closure orders to all 77 counties, including the closure of all bars and restaurant dining rooms, limiting restaurant service to take-out and delivery orders only. The City of Cordell last week delivered a letter to Cordell businesses clarifying that order and encouraging essential businesses to remain open while following the Centers for Disease Control guidelines regarding social distancing and safety.