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: _________________________________