Oklahoma 2023 1st Special Session

Oklahoma House Bill HB1020 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
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	3	+	ENGR. H. B. NO. 1020 (1ST EX. SESS.) Page 1 1
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2	28		(1ST EXTRAORDINARY SESSION)
3		-	~~ENROLLED~~ HOUSE
	29	+	ENGROSSED HOUSE
4	30		BILL NO. 1020 By: Wallace and Martinez of the
5	31		House
6	32
7	33		and
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9	35		Thompson (Roger) and Hall
10	36		of the Senate
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18	44		An Act relating to Oklahoma Department of Emergency
19	45		Management and Homeland Security; making an
20	46		appropriation; identifying source; establishing
21	47		amount; providing purpose; requiring and limiting the
22	48		utilization of funds; creating certain special
23	49		account; limiting duration of account; requiring
24	50		certain determination; providing and limiting the
25	51		nature of account and funds within account;
26	52		authorizing agency to submit request for certain
27	53		deposit or transfer; requiring certain compliance and
28	54		verification; authorizing certain memoranda of
29	55		understanding; limiting scope ; prohibiting certain
30	56		memoranda terms; authorizing and limiting the
31	57		promulgation of rules and utilization of procedu res;
32	58		authorizing and limiting the retention of mon ies for
33	59		administration costs; requiring certain reports and
34	60		submissions to certain entities; requiri ng appearance
35	61		before certain joint committee; limiting duration of
36	62		certain requirements; providing determi nation
37	63		process; providing for noncodification ; and declaring
38	64		an emergency.
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42		-	SUBJECT: Oklahoma Department of Em ergency Management and Homeland
43		-	Security
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46	70		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
47		-	ENGR. H. B. NO. 1020 (1ST EX. SESS.) Page 2
	71	+	SECTION 1. NEW LAW A new section of law not to be
	72	+	codified in the Oklahoma Statutes reads as follows:
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50		-	SECTION 1. NEW LAW A new section of law not to be
51		-	codified in the Oklahoma Statutes reads as follows:
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53	100		There is hereby appropriated to the Emergency Relief and Impacts
54	101		Revolving Fund created in Enrolled House Bill No. 1017 of the 1st
55	102		Extraordinary Session of the 59t h Oklahoma Legislature, from any
56	103		monies not otherwise appropriated f rom the Statewide Re covery Fund
57	104		of the State Treasur y created in Enrolled House Bil l No. 3349 of the
58	105		2nd Session of the 58th Oklahoma Legislature, the sum of Twenty-five
59	106		Million Dollars ($25,000,000.00) or so much thereof as may be
60	107		necessary to administer the Emergency Relief and Impacts Grant
61	108		Program. Such funds shall be utilized in a manner consistent with
62	109		the recommendations adopted by the Joint Committee on Pandemic
63	110		Relief Funding on May 19, 2023.
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65	111		SECTION 2. NEW LAW A new section of law not to be
66	112		codified in the Oklahoma Statutes reads as follows:
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68	113		A. There is hereby created in the State Treasury a Statewide
69	114		Recovery Special Account for the Oklahoma Department of Emergency
70	115		Management and Homeland Security for each appropriation section of
71	116		this act. The duration of such accounts shall continue for the
72	117		period of time that monies related to the American Rescue Plan Act
73	118		of 2021 are being budgeted, expended, or manage d in the state. The
74	119		ending of such period shall be deter mined by the State Treasurer,
75	120		and shall result in the closing of such accounts as a matter of law.
76	121		Such accounts shall be continuing accounts as otherwise provided in
77	122		this section, not subject to fiscal year limitations, and shall
78	123		exclusively consist of monies related to the relevant appropriation
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79	151		made in this act and as otherwise directed by law. All monies
80	152		deposited to the credit of such accounts are hereby appropriated and
81	153		may be budgeted and exp ended by the Oklahoma Department of Emergency
82	154		Management and Homeland Security in accordance with the provisions
83	155		of this act. Expenditures from s uch accounts shall be made upon
84	156		warrants issued by the State Treasurer against claims filed as
85	157		prescribed by law with the Director of the Office of Management and
86	158		Enterprise Services for approval and payment.
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88	159		B. The Oklahoma Department of Emergency Management and Homeland
89	160		Security is authorized to request in writing that the monies
90	161		appropriated by the provisions of this act be deposited or
91	162		transferred to the accounts created pursuant to subsection A of this
92	163		section. No later than seven (7) calendar days from the date of
93		-	ENGR. H. B. NO. 1020 (1ST EX. SESS.) Page 3
94	164		such request, the Director of the Office of Management and
95	165		Enterprise Services shall comply with such request and verify to the
96	166		requesting agency that such deposit or transfer has been completed.
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98	167		SECTION 3. NEW LAW A new section of law not to be
99	168		codified in the Oklahoma S tatutes reads as follows:
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101	169		The Oklahoma Department of E mergency Management and Homeland
102	170		Security may enter into memoranda of understanding with other
103	171		agencies of the State of Oklahoma for the auditing, documentation,
104	172		evaluation, implementation, oversight, reporting, and management of
105	173		funds and associated e fforts related to the appropriations made in
106	174		this act; provided, that no such memoranda of understanding shall
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107	202		require or include, as an option or condition, the direct or
108	203		practical transfer or relinquishment of control by the agency
109	204		appropriated such funds to budget, expend, allocate, and request the
110	205		distribution of the funds appropriated by this act.
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112	206		SECTION 4. NEW LAW A new s ection of law not to be
113	207		codified in the Oklahoma Statutes re ads as follows:
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115	208		The Oklahoma Department of Emerg ency Management and Homeland
116	209		Security may promulgate rules, utilize existing rules, establish
117	210		procedures, and utilize existing procedures to implement the
118	211		provisions of this act; provided, such rules and procedures do not
119	212		conflict with or impede the provisions of this act.
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121	213		SECTION 5. NEW LAW A new section of law not to be
122	214		codified in the Okla homa Statutes reads as follows:
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124	215		The Oklahoma Department of Emergency Management and Homeland
125	216		Security shall retain no more than two percent (2%) of the funds
126	217		appropriated by this act to reimburse:
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128	218		1. Costs incurred by the Oklahoma Department of Emergency
129	219		Management and Homeland Security ; or
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131	220		2. Costs incurred on the agency's behalf, associated with the
132	221		administration of the appropriated funds and programming required by
133	222		the Oklahoma Department of Emer gency Management and Homeland
134	223		Security under the provisions of this act; provided, that no funds
135	224		shall be retained that would be disallowable under t he provisions of
136	225		the American Rescue Plan Act of 2021.
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139	253		SECTION 6. NEW LAW A new sec tion of law not to be
140	254		codified in the Oklahoma Statutes reads as follows:
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142	255		A. The Oklahoma Department of Emergency Management and Homeland
143	256		Security shall:
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145	257		1. Submit to the Chairs of the Joint Committee on Pandemic
146	258		Relief Funding, or any successor Oklahoma House of Representatives
147	259		or Oklahoma State Senate legislative committee or joint committee,
148	260		as designated by the Speaker of the Oklahoma House of
149	261		Representatives and the President Pro Tempore of the Oklahoma State
150	262		Senate:
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152	263		a. a written or electronic quarterly report detailing the
153	264		budgeting, expenditure, and management of all monies
154	265		appropriated in this act, and
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156	266		b. a copy of all memoranda of understanding and contracts
157	267		with third parties entered into by the Oklahoma
158	268		Department of Emergency Management and H omeland
159	269		Security to facilitate, assist, or administer powers
160	270		and duties provided to the Department under the
161	271		provisions of this act; and
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163	272		2. At the Joint Committee on Pandemic Relief Funding's request,
164	273		appear before the Joint Committee no later than six (6) months after
165	274		the effective date of this act, and as otherwise requested by the
166	275		Joint Committee to provide a status update regarding the
167	276		implementation of th e provisions of this act.
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169	304		B. The provisions of subsection A of this section shall remain
170	305		applicable for the period of time that monies appropriated under
171	306		this act are being budgeted, expended, or managed in the state. The
172	307		ending of such period shall be d etermined by the State Treasurer,
173	308		and shall be reported to the Governor, the Speaker of the Oklahoma
174	309		House of Representatives, and the President Pro Tempo re of the
175	310		Oklahoma State Senate.
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177	311		SECTION 7. It being immediately necessary for the preservation
178	312		of the public peace, health or safety, an emergency is hereby
179	313		declared to exist, by reason whereof this act shall take effect and
180	314		be in full force from and after its passage an d approval.
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182		-	ENGR. H. B. NO. 1020 (1ST EX. SESS.) Page 5
183	315		Passed the House of Representatives the 24th day of May, 2023.
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188	320		Presiding Officer of the Hou se
189	321		of Representatives
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193		-	Passed the Senate the ~~26th~~ day of ~~May~~, 2023.
	325	+	Passed the Senate the ___ day of __________, 2023.
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198	330		Presiding Officer of the Senate
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201		-	OFFICE OF THE GOVERNOR
202		-	Received by the Office of the Gov ernor this ____________________
203		-	day of ___________________, 20_______, at _______ o'clock _______ M.
204		-	By: _________________________________
205		-	Approved by the Governor of the State of Oklahoma this _____ ____
206		-	day of ___________________, 20_______, at _______ o' clock _______ M.
207		-
208		-
209		-	_________________________________
210		-	Governor of the State of Oklahoma
211		-
212		-	OFFICE OF THE SECRETARY OF STATE
213		-	Received by the Office of the Secretary of State this __________
214		-	day of ___________________, 20_______, at _______ o'clock _______ M.
215		-	By: _________________________________
216		-