An Act
ENROLLED SENATE
BILL NO. 40x By: Thompson (Roger) and Hall
of the Senate
and
Wallace, Martinez, and
Swope of the House
An Act relating to the Department of Human Services ;
making appropriations; identifying source;
establishing amounts; providing purposes; requiring
and limiting the utilization of funds; creating
certain special accounts; limiting duration of
accounts; requiring certain determinations; providing
and limiting the nature of accounts and the funds
within the accounts; authorizing agency to submit
request for certain deposits or transfers; requiring
certain compliance and verification s; authorizing
certain memorandums of understanding; limiting scope;
prohibiting certain memoranda terms; authorizing and
limiting the promulgation of rules and utilization of
procedures; authorizing and limiting the retention of
monies for administration cos ts; requiring certain
reports and submissions to certain entities;
requiring appearance before certain joint committee;
limiting duration of certain requirements; providing
determination process; establishing requirements; and
declaring an emergency.
SUBJECT: Department of Human Services
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
SECTION 1. There is hereby appropriated t o the Department of
Human Services from any monies not otherwise appropriated from the
Statewide Recovery Fund of the State Treasury created in Enrolled
House Bill No. 3349 of the 2nd Session of the 58th Oklahoma
ENR. S. B. NO. 40x Page 2
Legislature, the sum of One Million Dollars ($1,000,000.00) or so
much thereof as may be necessary to prepare more young adults with
intellectual and developmental disabilities or autism to live and
work independently. Such funds shall be utilized in a manner
consistent with the recommendations ad opted by the Joint Co mmittee
on Pandemic Relief Funding on May 19, 2023.
SECTION 2. There is hereby appropriated to the Department o f
Human Services from any monies not otherwise appropriated from the
Statewide Recovery Fund of the State Treasury created in Enrolled
House Bill No. 3349 of the 2nd Session of the 58th Oklahoma
Legislature, the sum of Ten Million Three Hundred Nine Thousand Nine
Hundred Eleven Dollars ($10,309,911.00) or so much thereof as m ay be
necessary to enhance and increase capacity for programs assisting in
stabilizing justice involved women, their children, and caregivers
in the Tulsa area and into surrounding rural areas of Oklahoma .
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 3. There is hereby appropriated to the Department of
Human Services from any monies not otherwise appropriated from the
Statewide Recovery Fund of the State Treasury created in Enrolled
House Bill No. 3349 of the 2nd Session of the 58th Oklahoma
Legislature, the sum of Three Million Eight Hundred Fourteen
Thousand Nine Hundred Fifty Dollars ($3,814,950.00) or so much
thereof as may be necessary to support and expand proven-effective
programming for justice involved women in the Oklahoma City area and
into rural areas of Oklahoma. 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 4. There is hereby appr opriated to the Department of
Human Services from any monies not otherwise appropriated from the
Statewide Recovery Fund of the State Treasury created in Enrolled
House Bill No. 3349 of the 2nd Session of the 58th Ok lahoma
Legislature, the sum of Two Million Five Hundred Thousand Dollars
($2,500,000.00) or so much thereof as m ay be necessary to allow more
opportunities for working fa milies with children, with and withou t
special needs, to obtai n high-quality childcare. Such funds shall
be utilized in a manner consistent with the recommendations adopted
by the Joint Committee on Pandemic Re lief Funding on May 19, 2023.
ENR. S. B. NO. 40x Page 3
SECTION 5. A. There is hereby created in the State Treasury a
Statewide Recovery Special Account for each appropriation section in
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 managed 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
this section, not subject to fiscal year limitations, and shall
exclusively consist of monies related to the relevant appropriations
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 Department of Human Services in
accordance with the provisions of this act. Expenditures from such
accounts shall be made upon warrants issued by the State Treasure r
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
B. The Department of Human Services is authorized to request in
writing that the monies appropriated by the provisi ons 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 6. The Department of Human Services may enter into
memorandums of understanding with other agen cies of the State of
Oklahoma for the auditing, documentation, evaluation,
implementation, oversight, reporting, and management of funds and
associated efforts related to the appropriations made in this act;
provided, no such memorandum of understandi ng 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 7. The Department of Human Services may promulgate
rules, utilize existing rules, establish procedures, and utilize
ENR. S. B. NO. 40x Page 4
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 8. The Department of Human Services shall retain no
more than two percent (2%) of the funds appropriated by this act to
reimburse:
1. Costs incurred by the Department of Human Services ; or
2. Costs incurred on the agency’s behalf,
associated with the administration of the appropriated funds and
programming required by the Department of Human Services under the
provisions of this act; provided, no funds shall be retained that
would be disallowable under the provisions of the American Rescue
Plan Act of 2021.
SECTION 9. A. The Department of Human Services shall:
1. Submit to the chairs of the Joint Committee on Pandemic
Relief Funding, or any successor of the Oklahoma State Senate or
Oklahoma House of Representatives legislative committee or joint
committee, as designated by the President Pro Tempore of the
Oklahoma State Senate and the Speaker of the Oklahoma House of
Representatives:
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
Department of Human Services to facilitate, assist, or
administer powers and duties provided to the
Department of Human Services 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
ENR. S. B. NO. 40x Page 5
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 Governor, President Pro Tempore of the
Oklahoma State Senate, and the Speaker of the Oklahoma House of
Representatives.
SECTION 10. For all projects funded in this measure, if a
nonprofit 501(c)(3) organization may help implement the project, the
Department of Human Services shall require the nonprofit show that
it:
1. Provides direct services to residents of Oklahoma;
2. Is in good standing with the Office of the Secretary of
State;
3. Is in compliance with the applicable federal and Oklahoma
tax laws for years 2019, 2020, and 2021; and
4. Continues to provide its good standing with the Office of
the Secretary of State and is in compliance with applicable federal
and Oklahoma tax laws fo r all years the nonprofit is helping
implement the program.
SECTION 11. 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 t ake effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 40x Page 6
Passed the Senate the 24th day of May, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 26th day of May, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __