Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB736 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
	3	+	SB736 HFLR Page 1
	4	+	BOLD FACE denotes Committee Am endments. 1
	5	+	2
	6	+	3
	7	+	4
	8	+	5
	9	+	6
	10	+	7
	11	+	8
	12	+	9
	13	+	10
	14	+	11
	15	+	12
	16	+	13
	17	+	14
	18	+	15
	19	+	16
	20	+	17
	21	+	18
	22	+	19
	23	+	20
	24	+	21
	25	+	22
	26	+	23
	27	+	24
3	28
4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 736 By: Kidd of the Senate
7	37
8	38		and
9	39
10	40		McEntire of the House
	41	+
	42	+
11	43
12	44
13	45
14	46
15	47		An Act relating to county boards of health; amending
16	48		63 O.S. 2011, Section 1-202, which relates to powers
17	49		and duties; modifying allowable agreements; amending
18	50		63 O.S. 2011, Section 1 -205, which relates to
19	51		contracts for public health services; allowing
20	52		certain agreement between counties; amending 63 O.S.
21	53		2011, Section 1-208, which relates to funds for
22	54		operation; allowing certain combination of resources;
23	55		and providing an effective date .
24	56
25	57
26	58
27	59
28	60
29		-	SUBJECT: County boards of health
30		-
31	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
32		-
33	62		SECTION 1. AMENDATORY 63 O.S. 2011, Section 1 -202, is
34	63		amended to read as follows:
35		-
36	64		Section 1-202. The county board of health shall have the
37	65		following powers and duties:
38		-
39	66		1. Organize by electing a chair and other necessary officers
40	67		annually and meet at such times, in such manner and upon such notice
	68	+
	69	+	SB736 HFLR Page 2
	70	+	BOLD FACE denotes Committee Am endments. 1
	71	+	2
	72	+	3
	73	+	4
	74	+	5
	75	+	6
	76	+	7
	77	+	8
	78	+	9
	79	+	10
	80	+	11
	81	+	12
	82	+	13
	83	+	14
	84	+	15
	85	+	16
	86	+	17
	87	+	18
	88	+	19
	89	+	20
	90	+	21
	91	+	22
	92	+	23
	93	+	24
	94	+
41	95		as the board shall prescribe. Provided, that the board shall meet
42	96		at least two times each year;
43		-
44	97		2. Establish and maintain a county department of health, if the
45	98		same, in the opinion of the board, will be to the best interest of
46	99		the county;
47		-
48		-	ENR. S. B. NO. 736 Page 2
49		-
50	100		3. Enter into agreements with county boards of health of other
51	101		counties, and with the governing boards or boards of health of
52	102		cities, towns and school districts lying wholly or partly in the
53	103		county, for the establishment and operation of district or
54	104		cooperative department s of health;
55		-
56	105		4. Prepare and submit to the county excise board, annually, an
57	106		estimate of its needs, and needs for the operation of the county
58	107		department of health, if any, or for its proportionate part of the
59	108		costs of operation of a district or cooperative department of
60	109		health, if it has entered into an agreement therefor;
61		-
62	110		5. Advise with the State Commissioner of Health on matters
63	111		pertaining to public health in the county, and as to the appointment
64	112		of the county superintendent of health or the medical dire ctor of
65	113		the county, district or cooperative department of health; and
66		-
67	114		6. Adopt regulations, which shall be subject to the approval of
68	115		the State Commissioner of Health and shall not be more stringent
69	116		than state law and rules and regulations of the State Bo ard of
70	117		Health, to protect the public health in the county in emergencies.
71	118
	119	+	SB736 HFLR Page 3
	120	+	BOLD FACE denotes Committee Am endments. 1
	121	+	2
	122	+	3
	123	+	4
	124	+	5
	125	+	6
	126	+	7
	127	+	8
	128	+	9
	129	+	10
	130	+	11
	131	+	12
	132	+	13
	133	+	14
	134	+	15
	135	+	16
	136	+	17
	137	+	18
	138	+	19
	139	+	20
	140	+	21
	141	+	22
	142	+	23
	143	+	24
	144	+
72	145		SECTION 2. AMENDATORY 63 O.S. 2011, Section 1 -205, is
73	146		amended to read as follows:
74		-
75	147		Section 1-205. (a) A. The county board of health may, with the
76	148		approval of the State Commissioner of Health, establish and maintain
77	149		a county department of health, the maintenance and operation of
78	150		which is hereby declared to be a function of county government for
79	151		which appropriations may be made from the general fund of the cou nty
80	152		and the proceeds of a levy made in accordance with Section 9a ,
81	153		Article X, of Article X of the Oklahoma Constitution.
82		-
83	154		(b) B. The county boards of health of two or more counties may,
84	155		with the approval of the Commissioner, form a health district
85	156		composed of such counties for public health purposes. The health
86	157		district shall may have a district department of health which shall
87	158		be operated, in such counties, in the same manner as county
88	159		departments of health. A health district may also be comprised of
89	160		multiple county health departments operating under agreement to
90	161		share resources for purposes of enhancing health outcomes for the
91		-
92		-	ENR. S. B. NO. 736 Page 3
93	162		member counties, provided costs are allocated in proportion to
94	163		resources utilized by each county.
95		-
96	164		(c) C. Cooperative departments of health may be formed by
97	165		agreement between the county board of health of any county
98	166		maintaining a county department of health, or the county boards of
99	167		health of counties in a health district, and the governing boards of
100	168		cities, towns, and school distric ts lying wholly or partly in such
	169	+
	170	+	SB736 HFLR Page 4
	171	+	BOLD FACE denotes Committee Am endments. 1
	172	+	2
	173	+	3
	174	+	4
	175	+	5
	176	+	6
	177	+	7
	178	+	8
	179	+	9
	180	+	10
	181	+	11
	182	+	12
	183	+	13
	184	+	14
	185	+	15
	186	+	16
	187	+	17
	188	+	18
	189	+	19
	190	+	20
	191	+	21
	192	+	22
	193	+	23
	194	+	24
	195	+
101	196		county or health district. Any such agreement shall stipulate what
102	197		health services will be provided to the cities, towns and school
103	198		districts, which may be all or any of the services that may be
104	199		provided by a county depar tment of health, and shall also fix the
105	200		amounts of funds to be paid by the cities, towns, and school
106	201		districts for the services. All agreements made under the
107	202		provisions of this section shall be subject to the approval of the
108	203		State Commissioner of Health.
109		-
110	204		(d) D. A county department of health, a district department of
111	205		health and a cooperative department of health shall be under the
112	206		direction of a medical director, who shall perform his or her duties
113	207		under the supervision of the Commissioner, and who shall, in
114	208		addition to his other duties, perform the same powers, duties and
115	209		functions in the county, in the health district, or in the
116	210		cooperative department, as is provided by law for county
117	211		superintendents of health. The Commissioner shall appoint and fix
118	212		the duties and compensation of the medical director, who shall be a
119	213		physician licensed under the laws of this state, and shall employ
120	214		and fix the duties and compensation of such other personnel as he
121	215		the Commissioner deems necessary for the operation of the c ounty
122	216		department of health, the district department of health, or the
123	217		cooperative department of health, all such personnel to be employed
124	218		under provisions of the Oklahoma Personnel Act and paid by state
125	219		warrant. Reimbursements to the State Department of H ealth shall be
	220	+
	221	+	SB736 HFLR Page 5
	222	+	BOLD FACE denotes Committee Am endments. 1
	223	+	2
	224	+	3
	225	+	4
	226	+	5
	227	+	6
	228	+	7
	229	+	8
	230	+	9
	231	+	10
	232	+	11
	233	+	12
	234	+	13
	235	+	14
	236	+	15
	237	+	16
	238	+	17
	239	+	18
	240	+	19
	241	+	20
	242	+	21
	243	+	22
	244	+	23
	245	+	24
	246	+
126	247		paid by the county from the Section 9a 9A of Article X of the
127	248		Oklahoma Constitution , mill levy revenues, payable for the benefit
128	249		of such county health department, district department of health, or
129	250		the cooperative department of health and pay able within thirty (30)
130	251		days of receipt of an invoice therefor. Provided that, in any such
131	252		local health department operating under the direction of a medical
132	253		director who serves less than full time, the Commissioner may
133	254		delegate nonmedical administrative duties to another employee of the
134	255		county, district, or cooperative health department.
135		-
136		-	ENR. S. B. NO. 736 Page 4
137		-
138	256		(e) E. The board of health or board of county commissioners of
139	257		any county may contract with the department board of health or board
140	258		of county commissioners of any neighboring county or the State
141	259		Department of Health to provide the county any or all public health
142	260		services. The county receiving the services shall pay for the
143	261		department rendering the of services according to a schedule of fees
144	262		and payments mutually agreed u pon by the State Board of Health and
145	263		the county or counties affected. Such schedule of fees and payments
146	264		shall be equal to the cost of the services provided.
147		-
148	265		SECTION 3. AMENDATORY 63 O.S. 2011, Section 1 -208, is
149	266		amended to read as follows:
150		-
151	267		Section 1-208. (a) A. It shall be the duty of the county
152	268		excise board of each county if funds are available to make necessary
153	269		appropriations to provide sufficient funds to pay the amounts due
154	270		under any agreement entered into by the county boar d of health, or
	271	+
	272	+	SB736 HFLR Page 6
	273	+	BOLD FACE denotes Committee Am endments. 1
	274	+	2
	275	+	3
	276	+	4
	277	+	5
	278	+	6
	279	+	7
	280	+	8
	281	+	9
	282	+	10
	283	+	11
	284	+	12
	285	+	13
	286	+	14
	287	+	15
	288	+	16
	289	+	17
	290	+	18
	291	+	19
	292	+	20
	293	+	21
	294	+	22
	295	+	23
	296	+	24
	297	+
155	298		by any city, town, or school district of the county, for or in
156	299		connection with a district department of health or a cooperative
157	300		department of health; and such funds shall be accounted for,
158	301		obligated, expended and disbursed as directed by th e State
159	302		Commissioner of Health, who may require any or all such funds to be
160	303		combined with others to be used for similar or related purposes.
161		-
162	304		(b) B. The Commissioner may enter into agreements with county
163	305		boards of health, and with city -county boards of hea lth, whereby
164	306		state funds will be used in conjunction with county funds for the
165	307		operation of county, district, cooperative and city -county
166	308		departments of health. The Commissioner may pay such funds on a
167	309		reimbursement or percentage of budgetary expenditures basis, or
168	310		other basis; and if directed to do so by the Commissioner, the
169	311		county clerk shall add the amount of any such funds to specified
170	312		items of appropriation, and no further action or appropriation by
171	313		the county excise board shall be required to make s uch funds
172	314		available for expenditure.
173		-
174	315		C. Counties may, for the purposes of enhancing access to health
175	316		initiatives and maximizing operational impact, agree to combine
176	317		resources including county millage in a manner designating one
177	318		county as the operational h ub. In doing so, the millage provided by
178	319		each county within the consortium shall be expended or reserved for
179		-
180		-	ENR. S. B. NO. 736 Page 5
181	320		the county of origin, ensuring each county ’s millage investment is
182	321		expended for the benefit of the county residents.
183	322
	323	+	SB736 HFLR Page 7
	324	+	BOLD FACE denotes Committee Am endments. 1
	325	+	2
	326	+	3
	327	+	4
	328	+	5
	329	+	6
	330	+	7
	331	+	8
	332	+	9
	333	+	10
	334	+	11
	335	+	12
	336	+	13
	337	+	14
	338	+	15
	339	+	16
	340	+	17
	341	+	18
	342	+	19
	343	+	20
	344	+	21
	345	+	22
	346	+	23
	347	+	24
	348	+
184	349		SECTION 4. This act shall become effective November 1, 2021.
185	350
186		-
187		-	ENR. S. B. NO. 736 Page 6
188		-	Passed the Senate the 9th day of March, 2021.
189		-
190		-
191		-
192		-	Presiding Officer of the Senate
193		-
194		-
195		-	Passed the House of Representatives the 21st day of April, 2021.
196		-
197		-
198		-
199		-	Presiding Officer of the House
200		-	of Representatives
201		-
202		-	OFFICE OF THE GOVERNOR
203		-	Received by the Office of the Governor this _______ _____________
204		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
205		-	By: _______________________________ __
206		-	Approved by the Governor of the State of Oklahoma this _____ ____
207		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
208		-
209		-	_________________________________
210		-	Governor of the State of Oklahoma
211		-
212		-
213		-	OFFICE OF THE SECRETARY OF STATE
214		-	Received by the Office of the Secretary of State this _______ ___
215		-	day of __________________, 20 _______, at _______ o'clock _______ M.
216		-	By: _______________________________ __
	351	+	COMMITTEE REPORT BY: COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT,
	352	+	dated 03/29/2021 - DO PASS.