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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Extraordinary Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1020 By: Wallace and Martinez of the
House
and
Thompson (Roger) and Hall
of the Senate
COMMITTEE SUBSTITUTE
An Act relating to Oklahoma Department of Emergency
Management and Homeland Security; making an
appropriation; identifying source; establishin g
amount; providing purpose; requiring and limiting the
utilization of funds; crea ting certain special
account; limiting duration of account; requiring
certain determination; providing and limiting the
nature of account and funds within account;
authorizing agency to submit request for certain
deposit or transfer; requiring certain comp liance and
verification; authorizing certain memorandums of
understanding; limiting scope ; prohibiting certain
memoranda terms; authorizing and limitin g the
promulgation of rules and utilization of procedu res;
authorizing and limiting the retention of mon ies for
administration costs; requiring certain reports and
submissions to certain entities; requiri ng appearance
before certain joint committee; limi ting duration of
certain requirements; providing determi nation
process; providing for noncodification ; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
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SECTION 1. NEW LAW A new se ction of law not to be
codified in the Oklahoma Statutes reads as follows:
There is hereby appropriated to the Emergency Relief and Impacts
Revolving Fund created in Enrolled House Bill No. 1017 of the 1st
Extraordinary Session of the 59th Oklahoma Legislature, from any
monies not otherwise appropriated from the Statewide Re covery Fund
of the State Treasur y created in Enrolled House Bill No. 3349 of the
2nd Session of the 58th Oklahoma Legislature, the sum of Twenty-Five
Million Dollars ($25,000,000.00) or so much thereof as may be
necessary to administer the Emergency Relief and Impacts Grant
Program. Such funds shall be utilized in a manner consistent with
the recommendations adopted by the Joint Committee on Pandemic
Relief Funding on May 19, 2023.
SECTION 2. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
A. There is hereby created in the State Treasury a Statewide
Recovery Special Account for the Oklahoma Department of Emergency
Management and Homeland Security for each appropriation section of
this act. The duration of such accounts shall continue for the
period of time that monies related to the American Rescue Plan Act
of 2021 are being budgeted, expended, or manage d in the state. The
ending of such period shall be determined by the State Treasurer,
and shall result in the closing of such accounts as a matter of law.
Such accounts shall be continuing accounts as otherwise provided in
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this section, not subject to fiscal ye ar limitations, and shall
exclusively consist of monies related to the relevant appropriation
made in this act and as otherwise directed by law. All monies
deposited to the credit of such accounts are hereby appropriated and
may be budgeted and expended by the Oklahoma Department of Emergency
Management and Homeland Security in accordance with the provisions
of this act. Expenditures from such accounts shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of th e Office of Management a nd
Enterprise Services for approval and payment.
B. The Oklahoma Department of Emergency Management and Homeland
Security is authorized to request in writing that the monies
appropriated by the provisions of this act be deposited or
transferred to the accounts created pursuant to subsection A of this
section. No later than seven (7) calendar days from the date of
such request, the Director of the Office of Management and
Enterprise Services shall comply with such request and verify to the
requesting agency that such deposit or transfer has been completed.
SECTION 3. NEW LAW A new section of law not to be
codified in the Oklahoma S tatutes reads as follows:
The Oklahoma Department of Emergency Management and Homeland
Security may enter into memorandums of understanding with other
agencies of the State of Oklahoma for the auditing, documentation,
evaluation, implementation, oversight, reporting, and management of
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funds and associated e fforts related to the appropriations made in
this act; provided, that no such memorandum of understanding shall
require or include, as an option or condition, the direct or
practical transfer or relinquishment of control by the agency
appropriated such funds to budget, expend, allocate, and request the
distribution of the funds appropriated by this act.
SECTION 4. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes re ads as follows:
The Oklahoma Department of Emergency Management and Homeland
Security may promulgate rules, utilize existing rules, establish
procedures, and utilize existing procedures to implement the
provisions of this act; provided, such rules and procedures do not
conflict with or impede the provisions of this act.
SECTION 5. NEW LAW A new section of law not to be
codified in the Okla homa Statutes reads as follows:
The Oklahoma Department of Emergency Management and Homeland
Security shall retain no more than two percent (2%) of the funds
appropriated by this act to reimburse:
1. Costs incurred by the Oklahoma Department of Emergency
Management and Homeland Security; or
2. Costs incurred on the agency's behalf, associated with the
administration of the appropriated funds and programming required by
the Oklahoma Department o f Emergency Management and Homeland
Security under the provisions of this act; provided, that no funds
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shall be retained that would be disallowable under t he provisions of
the American Rescue Plan Act of 2021.
SECTION 6. NEW LAW A n ew section of law not to be
codified in the Oklahoma Statutes reads as follows:
A. The Oklahoma Department of Emergency Management and Homeland
Security shall:
1. Submit to the Chairs of the Joint Committee on Pandemic
Relief Funding, or any successor Oklahoma House of Representatives
or Oklahoma State Senate legislative committee or joint committee,
as designated by the Speaker of the Oklahoma House of
Representatives and the President Pro Tempore of the Oklahoma State
Senate:
a. a written or electronic quarterly report detailing the
budgeting, expenditure, and management of all monies
appropriated in this act, and
b. a copy of all memorandums of understanding and
contracts with third parties entered into by the
Oklahoma Department of Emergency Management and
Homeland Security to facilitate, assist, or administer
powers and duties provided to the Department under the
provisions of this act; and
2. At the Joint Committee on Pandemic Relief Funding's request,
appear before the Joint Committee no later than six (6) months after
the effective date of this act, and as otherwise requested by the
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Joint Committee to provide a status update regarding the
implementation of th e provisions of this act.
B. The provisions of subsection A of this section shall remain
applicable for the period of time that monies appropriated under
this act are being budgeted, expended, or managed in the state. The
ending of such period shall be d etermined by the State Treasurer,
and shall be reported to the Gov ernor, the Speaker of the Oklahoma
House of Representatives, and the President Pro Tempo re of the
Oklahoma State Senate.
SECTION 7. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON JOINT COMMITTEE ON APPROPRIATIONS
AND BUDGET, dated 05/ 23/2023 – DO PASS, As Amended.