Oklahoma 2023 1st Special Session

Oklahoma Senate Bill SB40 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 40x By: Thompson (Roger) and Hall
7	37		of the Senate
8	38
9	39		and
10	40
11	41		Wallace, Martinez, and
12	42		Swope of the House
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16	47		An Act relating to the Department of Human Services ;
17	48		making appropriations; identifying source;
18	49		establishing amounts; providing purposes; requiring
19	50		and limiting the utilization of funds; creating
20	51		certain special accounts; limiting duration of
21	52		accounts; requiring certain determinations; providing
22	53		and limiting the nature of accounts and the funds
23	54		within the accounts; authorizing agency to submit
24	55		request for certain deposits or transfers; requiring
25	56		certain compliance and verification s; authorizing
26	57		certain memorandums of understanding; limiting scope;
27	58		prohibiting certain memoranda terms; authorizing and
28	59		limiting the promulgation of rules and utilization of
29	60		procedures; authorizing and limiting the retention of
30	61		monies for administration cos ts; requiring certain
31	62		reports and submissions to certain entities;
32	63		requiring appearance before certain joint committee;
33	64		limiting duration of certain requirements; providing
34	65		determination process; establishing requirements; and
35	66		declaring an emergency.
36	67
37	68
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39		-	SUBJECT: Department of Human Services
40	70
41	71		BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
42		-
43	72		SECTION 1. There is hereby appropriated to the Department of
44	73		Human Services from any monies not otherwise appropriated from the
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45	101		Statewide Recovery Fund of the State Treasury created in Enrolled
46	102		House Bill No. 3349 of the 2nd Session of the 58th Oklahoma
47		-
48		-	ENR. S. B. NO. 40x Page 2
49	103		Legislature, the sum of One Million Dollars ($1,000,000.00) or so
50	104		much thereof as may be necessary to prepare more young adults with
51	105		intellectual and developmental disabilities or autism to live and
52	106		work independently. Such funds shall be utilized in a manner
53	107		consistent with the recommendations adopted by the Joint Co mmittee
54	108		on Pandemic Relief Funding on May 19, 2023.
55		-
56	109		SECTION 2. There is hereby appropriated to the Department o f
57	110		Human Services from any monies not otherwise appropriated from the
58	111		Statewide Recovery Fund of the State Treasury created in Enrolled
59	112		House Bill No. 3349 of the 2nd Session of the 58th Oklahoma
60	113		Legislature, the sum of Ten Million Three Hundred Nine Thousand Nine
61	114		Hundred Eleven Dollars ($10,309,911.00) or so much thereof as m ay be
62	115		necessary to enhance and increase ca pacity for programs assisting in
63	116		stabilizing justice involved women, their children, and caregivers
64	117		in the Tulsa area and into surrounding rural areas of Oklahoma .
65	118		Such funds shall be utilized in a manner consistent with the
66	119		recommendations adopted by the Jo int Committee on Pandemic Relief
67	120		Funding on May 19, 2023.
68		-
69	121		SECTION 3. There is hereby appropriated to the Department of
70	122		Human Services from any monies not otherwise appropriated from the
71	123		Statewide Recovery Fund of the State Treasury created in Enrolled
72	124		House Bill No. 3349 of the 2nd Session of the 58th Oklahoma
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73	152		Legislature, the sum of Three Million Eight Hundred Fourteen
74	153		Thousand Nine Hundred Fifty Dollars ($3,814,950.00) or so much
75	154		thereof as may be necessary to support and expand proven-effective
76	155		programming for justice involved women in the Oklahoma City area and
77	156		into rural areas of Oklahoma. Such funds shall be utilized in a
78	157		manner consistent with the recommendations adopted by the Joint
79	158		Committee on Pandemic Relief Funding on May 19, 2023.
80		-
81	159		SECTION 4. There is hereby appr opriated to the Department of
82	160		Human Services from any monies not otherwise appropriated from the
83	161		Statewide Recovery Fund of the State Treasury created in Enrolled
84	162		House Bill No. 3349 of the 2nd Session of the 58th Ok lahoma
85	163		Legislature, the sum of Two Million Five Hundred Thousand Dollars
86	164		($2,500,000.00) or so much thereof as m ay be necessary to allow more
87	165		opportunities for working families with children, with and withou t
88	166		special needs, to obtain high -quality childcare. Such funds shall
89	167		be utilized in a manner consistent with the recommendations adopted
90	168		by the Joint Committee on Pandemic Re lief Funding on May 19, 2023.
91		-
92		-	ENR. S. B. NO. 40x Page 3
93		-
94	169		SECTION 5. A. There is hereby created in the State Treasury a
95	170		Statewide Recovery Special Account for each appropriation section in
96	171		this act. The duration of such accounts shall continue for the
97	172		period of time that monies related to the American Rescue Plan Act
98	173		of 2021 are being budgeted, expended, or managed in the state. The
99	174		ending of such period shall be determined by the State Treasurer,
100	175		and shall result in the closing of such accounts as a matter of law.
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101	203		Such accounts shall be continuing accounts as otherwise provided in
102	204		this section, not subject to fiscal year limitations, and shall
103	205		exclusively consist of monies related to the relevant appropriations
104	206		made in this act and as otherwise directed by law. All monies
105	207		deposited to the credit of such accounts are hereby appropriated and
106	208		may be budgeted and expended by the Department of Human Services in
107	209		accordance with the provisions of this act. Expenditures from such
108	210		accounts shall be made upon warrants issued by the State Treasure r
109	211		against claims filed as prescribed by law with the Director of the
110	212		Office of Management and Enterprise Services for approval and
111	213		payment.
112		-
113	214		B. The Department of Human Services is authorized to request in
114	215		writing that the monies appropriated by the provisi ons of this act
115	216		be deposited or transferred to the accounts created pursuant to
116	217		subsection A of this section. No later than seven (7) calendar days
117	218		from the date of such request, the Director of the Office of
118	219		Management and Enterprise Services shall comply with such request
119	220		and verify to the requesting agency that such deposit or transfer
120	221		has been completed.
121		-
122	222		SECTION 6. The Department of Human Services may enter into
123	223		memorandums of understanding with other agen cies of the State of
124	224		Oklahoma for the auditing, documentation, evaluation,
125	225		implementation, oversight, reporting, and management of funds and
126	226		associated efforts related to the appropriations made in this act;
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127	254		provided, no such memorandum of understandi ng shall require or
128	255		include, as an option or condition, the direct or practical transfer
129	256		or relinquishment of control by the agency appropriated such funds
130	257		to budget, expend, allocate, and request the distribution of the
131	258		funds appropriated by this act.
132		-
133	259		SECTION 7. The Department of Human Services may promulgate
134	260		rules, utilize existing rules, establish procedures, and utilize
135		-
136		-	ENR. S. B. NO. 40x Page 4
137	261		existing procedures to implement the provisions of this act,
138	262		provided such rules and procedures do not conflict with or impede
139	263		the provisions of this act.
140		-
141	264		SECTION 8. The Department of Human Services shall retain no
142	265		more than two percent (2%) of the funds appropriated by this act to
143	266		reimburse:
144		-
145	267		1. Costs incurred by the Department of Human Services ; or
146		-
147	268		2. Costs incurred on the agency’s behalf,
148		-
149	269		associated with the administration of the appropriated funds and
150	270		programming required by the Department of Human Services under the
151	271		provisions of this act; provided, no funds shall be retained that
152	272		would be disallowable under the provisions of the American Rescue
153	273		Plan Act of 2021.
154		-
155	274		SECTION 9. A. The Department of Human Services shall:
156		-
157	275		1. Submit to the chairs of the Joint Committee on Pandemic
158	276		Relief Funding, or any successor of the Oklahoma State Senate or
159	277		Oklahoma House of Representatives legislative committee or joint
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160	305		committee, as designated by the President Pro Tempore of the
161	306		Oklahoma State Senate and the Speaker of the Oklahoma House of
162	307		Representatives:
163		-
164	308		a. a written or electronic quarterly report detailing the
165	309		budgeting, expenditure, and management of all monies
166	310		appropriated in this act, and
167		-
168	311		b. a copy of all memorandums of understanding and
169	312		contracts with third parties entered into by the
170	313		Department of Human Services to facilitate, assist, or
171	314		administer powers and duties provided to the
172	315		Department of Human Services under the provisions of
173	316		this act; and
174		-
175	317		2. At the Joint Committee on Pandemic Relief Funding’s request,
176	318		appear before the Joint Committee no later than six (6) months after
177	319		the effective date of this act, and as otherwise requested by the
178		-
179		-	ENR. S. B. NO. 40x Page 5
180	320		Joint Committee to provide a status update regarding the
181	321		implementation of th e provisions of this act.
182		-
183	322		B. The provisions of subsection A of this section shall remain
184	323		applicable for the period of time that monies appropriated under
185	324		this act are being budgeted, expended, or managed in the state. The
186	325		ending of such period shall be d etermined by the State Treasurer,
187	326		and shall be reported to the Governor, President Pro Tempore of the
188	327		Oklahoma State Senate, and the Speaker of the Oklahoma House of
189	328		Representatives.
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191	356		SECTION 10. For all projects funded in this measure, if a
192	357		nonprofit 501(c)(3) organization may help implement the project, the
193	358		Department of Human Services shall require the nonprofit show that
194	359		it:
195		-
196	360		1. Provides direct services to residents of Oklahoma;
197		-
198	361		2. Is in good standing with the Office of the Secretary of
199	362		State;
200		-
201	363		3. Is in compliance with the applicable federal and Oklahoma
202	364		tax laws for years 2019, 2020, and 2021; and
203		-
204	365		4. Continues to provide its good standing with the Office of
205	366		the Secretary of State and is in compliance with applicable federal
206	367		and Oklahoma tax laws fo r all years the nonprofit is helping
207	368		implement the program.
208		-
209	369		SECTION 11. It being immediately necessary for the preservation
210	370		of the public peace, health or safety, an emergency is hereby
211	371		declared to exist, by reason whereof this act shall t ake effect and
212	372		be in full force from and after its passage and approval.
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214		-
215		-	ENR. S. B. NO. 40x Page 6
216		-	Passed the Senate the 24th day of May, 2023.
217		-
218		-
219		-
220		-	Presiding Officer of the Senate
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222		-
223		-	Passed the House of Representatives the 26th day of May, 2023.
224		-
225		-
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227		-	Presiding Officer of the House
228		-	of Representatives
229		-
230		-	OFFICE OF THE GOVERNOR
231		-	Received by the Office of the Governor this _______ _____________
232		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
233		-	By: _______________________________ __
234		-	Approved by the Governor of the State of Oklahoma this _____ ____
235		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
236		-
237		-	_________________________________
238		-	Governor of the State of Oklahoma
239		-
240		-
241		-	OFFICE OF THE SECRETARY OF STATE
242		-	Received by the Office of the Secretary of State this _______ ___
243		-	day of __________________, 20 _______, at _______ o'clock _______ M.
244		-	By: _______________________________ __
	374	+	COMMITTEE REPORT BY: COMMITTEE ON JOINT COMMITTEE ON APPROPRIATIONS
	375	+	AND BUDGET, dated 05/ 23/2023 – DO PASS, As Amended.