Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB1189 Compare Versions

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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. 1189 By: Thompson (Roger) and Hall
7	37		of the Senate
8	38
9	39		and
10	40
11	41		Wallace and Martinez of the
12	42		House
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17	47		An Act relating to the Department of Mental Health
18	48		and Substance Abuse Services; making an
19	49		appropriation; identifying source; establishing
20	50		amount; providing purpose; requiring and limiting the
21	51		utilization of funds; creating certain special
22	52		account; limiting duration of account; requiring
23	53		certain determinations; providing and limiting the
24	54		nature of the account and the funds within the
25	55		account; authorizing agency to submit request for
26	56		certain deposits or transfers; requiring certain
27	57		compliance and verifications; authorizing certain
28	58		memorandums of understanding; limiting scope;
29	59		prohibiting certain memoranda terms; authorizing and
30	60		limiting the promulgation of rules and utilization of
31	61		procedures; authorizing and limiting the retention of
32	62		monies for administration costs; requiring certain
33	63		reports and submissions to certain entities;
34	64		requiring appearance before certain joint committee;
35	65		limiting duration of certain requirements; and
36	66		declaring an emergency.
37	67
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41		-	~~SUBJECT: Department of Mental Health and Substance Abuse Services~~
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43	73		BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
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45	101		SECTION 1. There is hereby appropriated to the Department of
46	102		Mental Health and Substance Abuse Services from any monies not
47		-
48		-	ENR. S. B. NO. 1189 Page 2
49	103		otherwise appropriated from the Statewide Recovery Fund of the State
50	104		Treasury created in Enrolled House Bill No. 3349 of the 2nd Session
51	105		of the 58th Oklahoma Legislature, the sum of Eighteen Million Four
52	106		Hundred Sixty Thousand Dollar s ($18,460,000.00) or so much thereof
53	107		as may be necessary due to increased costs of the project funded in
54	108		Section 2 of Enrolled House Bill No. 1013 of the 2nd Extraordinary
55	109		Session of the 58th Oklahoma Legislature.
56		-
57	110		SECTION 2. A. There is hereby created in the State Treasury a
58	111		Statewide Recovery Special Account for the Department of Mental
59	112		Health and Substance Abuse Services for the appropriated monies as
60	113		provided for in Section 1 of this act. The duration of such account
61	114		shall continue for the period of time that monies related to the
62	115		American Rescue Plan Act of 2021 are being budgeted, expended, or
63	116		managed in the state. The ending of such period shall be determined
64	117		by the State Treasurer, and shall result in the closing of such
65	118		account as a matter of law. Such account shall be a continuing
66	119		account as otherwise provided in this section, not subject to fiscal
67	120		year limitations, and shall exclusively consist of monies related to
68	121		the relevant appropriation made in this act and as otherwise
69	122		directed by law. All monies deposited to the credit of such account
70	123		are hereby appropriated and may be budgeted and expended by the
71	124		Department of Mental Health and Substance Abuse Services in
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72	152		accordance with the provisions of this act. Expenditures from such
73	153		account shall be made upon warrants issued by the State Treasu rer
74	154		against claims filed as presc ribed by law with the Director of th e
75	155		Office of Management and Enterprise Services for approval and
76	156		payment.
77		-
78	157		B. The Department of Mental Health and Substance Abuse Services
79	158		is authorized to request in writing that the monies appropriated by
80	159		the provisions of this act be deposited or transferred to the
81	160		account created pursuant to subsection A of this section. No later
82	161		than seven (7) calendar days from the date of such request, the
83	162		Director of the Office of Management and Enterprise Services shall
84	163		comply with such request and verify to the requesting agency that
85	164		such deposit or transfer has been completed.
86		-
87	165		SECTION 3. The Department of Mental Health and Substance Abuse
88	166		Services may enter into memorandums of understanding with other
89	167		agencies of the State of Oklahoma for the auditing, documentation,
90	168		evaluation, implementation, oversight, reporting, and management of
91		-
92		-	ENR. S. B. NO. 1189 Page 3
93	169		funds and associated efforts related to the appropriation made in
94	170		this act; provided, no such memorandum of understandi ng shall
95	171		require or include, as an option or condition, the direct or
96	172		practical transfer or relinquishment of control by the agency
97	173		appropriated such funds to budget, expend, allocate, and request the
98	174		distribution of the funds appropriated by this act.
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100	202		SECTION 4. The Department of Mental Health and Substance Abuse
101	203		Services may promulgate rules, utilize existing rules, establish
102	204		procedures, and utilize existing procedures to implement the
103	205		provisions of this act, provided such rules and procedures do not
104	206		conflict with or impede the provisions of this act.
105		-
106	207		SECTION 5. The Department of Mental Health and Substance Abuse
107	208		Services shall retain no more than two percent (2%) of the funds
108	209		appropriated by this act to reimburse:
109		-
110	210		1. Costs incurred by the Department of Mental Health and
111	211		Substance Abuse Services; or
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113	212		2. Costs incurred on the agency’s behalf,
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115	213		associated with the administration of the appropriated funds and
116	214		programming required by the Department of Mental Health and
117	215		Substance Abuse Services under the provisions of this act; provided,
118	216		no funds shall be retained that would be disallowable under the
119	217		provisions of the American Rescue Plan Act of 2021.
120		-
121	218		SECTION 6. A. The Department of Mental Health and Substance
122	219		Abuse Services shall:
123		-
124	220		1. Submit to the chairs of the Joint Committee on Pandemic
125	221		Relief Funding, or any successor Oklahoma State Senate or Oklahoma
126	222		House of Representatives legislative committee or joint committee,
127	223		as designated by the President Pro Tempore of the Oklahoma State
128	224		Senate and the Speaker of the Oklahoma House of Representatives:
129	225
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130	252		a. a written or electronic quarterly report detailing the
131	253		budgeting, expenditure, and management of all monies
132	254		appropriated in this act, and
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135		-	ENR. S. B. NO. 1189 Page 4
136	255		b. a copy of all memorandums of understanding and
137	256		contracts with third parties entered into by the
138	257		Department of Mental Health and Substance Abuse
139	258		Services to facilitate, assist, or administer powers
140	259		and duties provided to the Department of Mental Health
141	260		and Substance Abuse Services under the provisions of
142	261		this act; and
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144	262		2. At the Joint Committee on Pandemic Relief Funding’s request,
145	263		appear before the Joint Committee no later than six (6) months after
146	264		the effective date of this act, and as otherwise requested b y the
147	265		Joint Committee to provide a status update regarding the
148	266		implementation of th e provisions of this act.
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150	267		B. The provisions of subsection A of this section shall remain
151	268		applicable for the period of time that monies appropriated under
152	269		this act are being budgeted, expended, or managed in the state. The
153	270		ending of such period shall be d etermined by the State Treasurer,
154	271		and shall be reported to the Governor, the President Pro Tempore of
155	272		the Oklahoma State Senate, and the Speaker of the Oklahoma House of
156	273		Representatives.
157		-
158	274		SECTION 7. It being immediately necessary for the preservati on
159	275		of the public peace, health or safety, an emergency is hereby
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160	303		declared to exist, by reason whereof this act shall take effect and
161	304		be in full force from and after its passag e and approval.
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164		-	ENR. S. B. NO. 1189 Page 5
165		-	Passed the Senate the 17th day of May, 2023.
166		-
167		-
168		-
169		-	Presiding Officer of the Senate
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172		-	Passed the House of Representatives the 19th day of May, 2023.
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176		-	Presiding Officer of the House
177		-	of Representatives
178		-
179		-	OFFICE OF THE GOVERNOR
180		-	Received by the Office of the Governor this _______ _____________
181		-	day of _________________ __, 20_______, at _______ o'clock _____ __ M.
182		-	By: _______________________________ __
183		-	Approved by the Governor of the State of Oklahoma this _____ ____
184		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
185		-
186		-	_________________________________
187		-	Governor of the State of Oklahoma
188		-
189		-
190		-	OFFICE OF THE SECRETARY OF STATE
191		-	Received by the Office of the Secretary of State this _______ ___
192		-	day of __________________, 20 _______, at _______ o'clock _______ M.
193		-	By: _______________________________ __
	306	+	COMMITTEE REPORT BY: COMMITTEE ON JOINT COMMITTEE ON APPROPRIATIONS
	307	+	AND BUDGET, dated 05/16/2023 - DO PASS, As Amended.