Oklahoma 2023 2023 Regular Session

Oklahoma House Bill HB2943 Enrolled / Bill

Filed 05/19/2023

                    An Act 
ENROLLED HOUSE 
BILL NO. 2943 	By: Wallace, Martinez, McBride, 
and Provenzano of the House 
 
   and 
 
  Thompson (Roger) and Hall 
of the Senate 
 
 
 
 
 
 
An Act relating to the State Department of Health; 
making appropriations; identifying source; 
establishing amount; providing purpose; requiring and 
limiting the utilizatio n of funds; creating certain 
special accounts; li miting duration of accounts; 
requiring certain determination; providing and 
limiting the nature of accounts and funds within 
accounts; authorizing agency to submit request for 
certain deposit or transfer; re quiring certain 
compliance and verification; auth orizing certain 
memorandums of underst anding; limiting scope; 
prohibiting certain memoranda terms; authorizing and 
limiting the promulga tion of rules and utilization of 
procedures; authorizing and limiting t he retention of 
monies for administration costs; requiring certain 
reports and submissi ons to certain entities; 
requiring appearance before certain joint committee; 
limiting duration of certain requirements; providing 
determination process; providing for noncodification; 
and declaring an emergency . 
 
 
SUBJECT: State Department of Health 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
SECTION 1.     NEW LAW    A new section of law not to be 
codified in the Oklahom a Statutes reads as follows: 
 
There is hereby appropriated to the State Department of Health 
from monies not otherwise appropriated from the Statewide Recovery  ENR. H. B. NO. 2943 	Page 2 
Fund of the State Treasury created in Enrolled House Bill No. 3349 
of the 2nd Session of the 58th Oklahoma Legislature, the sum of Four 
Million Dollars ($4,000,0 00.00) or so much there of as may be 
necessary to a nonprofit to establish and build out a family 
residence building located north of State Highway 3 and west of 
State Highway 74, aimed at providing care and housing to families 
with children undergoing long-term care and treatment at medical 
facilities.  
 
SECTION 2.     NEW LAW    A new section of law not to be 
codified in the Oklahoma Statutes reads as follows: 
 
There is hereby appropriated to the State Department of Health 
from 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 Two 
Million Dollars ($2,000,000.00) or so much there of as may be 
necessary to a nonprofit located within twenty-five (25) miles of 
Lake Hefner to retrofit and expand a facility to provide expanded 
services to children needing long-term care and treatment. 
 
SECTION 3.     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 State Department of Health for eac h 
appropriation section of this act.  The duration of such accou nts 
shall continue for the perio d of time that monies related to the 
American Rescue Plan Act of 2021 are being budgeted, expended, o r 
managed in the state.  The ending of such period shall be determined 
by the State Treasurer and shall result in the closi ng of such 
accounts as a matter of law.  Such accounts shall be continuing 
accounts as otherwise provided in this section, not subjec t to 
fiscal year limitations, and shall exclusively consist of monies 
related to the relevant appropriations made in this a ct 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 State Department of Health in accordan ce with the 
provisions of this act. Expenditures from such acco unts shall be 
made upon warrants issued by the State Treasurer against claims 
filed as prescribed by law with the Director of the Off ice of 
Management and Enterprise Services for approval and payment. 
 
B.  The State Department of Health is authorized to req uest in 
writing that the monies appropriated by the provisions of this act  ENR. H. B. NO. 2943 	Page 3 
be deposited or transferred to the accounts created pursu ant to 
subsection A of this section.  No later than seven (7 ) calendar days 
from the date of such request, the Director of t he 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 4.    NEW LAW     A new section of law not to be 
codified in the Oklahoma Statutes reads as follo ws: 
 
The State Department of Health may enter into memorandums of 
understanding with other agencies of the State of Oklahoma for the 
auditing, documentation, eva luation, implementation, oversight, 
reporting, and management of funds and associated efforts re lated to 
the appropriations made in this act; provided, that no such 
memorandum of understanding s hall require or include, as an option 
or condition, the direct or practical transfer or relinquishment of 
control by the agenc y appropriated such funds to bud get, expend, 
allocate, and request the distribution of the funds appropriated by 
this act. 
 
SECTION 5.     NEW LAW     A new section of law not t o be 
codified in the Oklahoma Statutes reads as follows: 
 
The State Department of Health may prom ulgate 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 6.    NEW LAW     A new section of law not to be 
codified in the Oklahoma Statutes reads as follow s: 
 
The State Department of Health shall retain no more than two 
percent (2%) of the funds appropriated by this act to reimburse: 
 
1.  Costs incurred by the State Department of Health; or 
 
2.  Costs incurred on the agency’s behalf, associated with the 
administration of the appropriated funds and programming required by 
the State Department of Health under the provisions of this act; 
provided, that no funds shall be r etained that would be disallowable 
under the provisions of the American Rescue Plan Act of 2 021.  
  ENR. H. B. NO. 2943 	Page 4 
SECTION 7.     NEW LAW     A new section of la w not to be 
codified in the Oklahoma Statutes reads as follows: 
 
A.  The State Department of Healt h shall:  
 
1.  Submit to the Chairs of the Joint Committee on Pandemic 
Relief Funding, or any successor Senate legislative or House of 
Representatives legislati ve committee or joint committee, as 
designated by the President Pr o 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 manage ment of all monies 
appropriated in this act, and 
 
b. a copy of all memorandums of understa nding and 
contracts with third p arties entered into by the State 
Department of Health to facilitate, assist, or 
administer powers and duties provided to the State 
Department of Health under th e provisions of this act; 
and  
 
2.  At the Joint Committee on Pan demic 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 
Joint Committee, to provide a status update regarding the 
implementation of the 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 bud geted, expended, or manage d in the state.  The 
ending of such period shall be determined b y the State Treasurer, 
and shall be reported to the G overnor, President Pro Tempore of the 
Senate, and the Speaker of the House of Representatives. 
 
SECTION 8.  It being immediat ely necessary for the preservation 
of the public peace, health or safety, an emergency is hereby 
declared to exist, b y reason whereof this act shall take effect and 
be in full force from and after its passage an d approval. 
  ENR. H. B. NO. 2943 	Page 5 
Passed the House of Representativ es the 17th day of May, 2023. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 19th day of May, 2023. 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
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: _________________________________