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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. 844 By: Thompson (Roger), | |
7 | 37 | Pemberton, Rader, and | |
8 | 38 | Pederson of the Senate | |
9 | 39 | ||
10 | 40 | and | |
11 | 41 | ||
12 | - | Miller, Waldron, Cantrell, | |
13 | - | Osburn, Munson and Humphrey | |
14 | - | of the House | |
42 | + | Miller, Waldron, and | |
43 | + | Cantrell of the House | |
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15 | 46 | ||
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18 | 49 | An Act relating to mental health; amending 57 O.S. | |
19 | 50 | 2021, Section 631, which relates to the County | |
20 | 51 | Community Safety Investment Fund; designating fund | |
21 | 52 | for the Department of Mental Health and Substance | |
22 | 53 | Abuse Services; transferring certain duties to the | |
23 | 54 | Department; modifying applicab ility of section; | |
24 | 55 | clarifying language; amending 57 O.S. 2021, Secti on | |
25 | 56 | 632, which relates to savings and averted costs from | |
26 | 57 | implementation of the Oklahoma Smart Justice Reform | |
27 | 58 | Act; transferring certain duties to the Legislative | |
28 | 59 | Office of Fiscal Transparency ; clarifying time period | |
29 | 60 | and applicability of certain calculation; amending 57 | |
30 | 61 | O.S. 2021, Section 633, which relates to | |
31 | 62 | appropriations to the Co unty Community Safety | |
32 | 63 | Investment Fund; transferring certain duties to the | |
33 | 64 | Legislative Office of Fiscal Transpare ncy; clarifying | |
34 | 65 | and modifying applicability of certain provisions ; | |
35 | 66 | requiring the Department to issue certain request for | |
36 | 67 | proposals subject to availability of funds; listing | |
37 | 68 | programs eligible for funding; stipulating criteria | |
38 | 69 | for proposals; requiring submission of necessary | |
39 | 70 | documents; giving the Department certain discretion | |
40 | 71 | over awards based on specified criteria; requiring | |
41 | 72 | submission of certain annual rep ort; renumbering 57 | |
42 | 73 | O.S. 2021, Sections 631, 632, and 633, as amended by | |
43 | 74 | Sections 1, 2, and 3 of this act, which relate to the | |
44 | 75 | County Community Safety Investment Fund; providing | |
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45 | 103 | for codification; providing an effective date ; and | |
46 | 104 | declaring an emergency . | |
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48 | - | ENR. S. B. NO. 844 Page 2 | |
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52 | - | SUBJECT: Mental health | |
53 | - | ||
54 | 109 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
55 | - | ||
56 | 110 | SECTION 1. AMENDATORY 57 O.S. 2021, Section 631, is | |
57 | 111 | amended to read as follows: | |
58 | - | ||
59 | 112 | Section 631. A. There is hereby created in the State Treasury | |
60 | 113 | a revolving fund for the Department of Mental Health and Sub stance | |
61 | 114 | Abuse Services to be designated the “County Community Safety | |
62 | 115 | Investment Fund”. The fund shall be a continuing fund, not subject | |
63 | 116 | to fiscal year limitations, and shall consist of all mon ies received | |
64 | 117 | pursuant to Section 633 of Title 57 of the Ok lahoma Statutes | |
65 | 118 | appropriated to the fund under Section 633 of this title. | |
66 | - | ||
67 | 119 | B. All monies appropriated and accruing to the credit of the | |
68 | 120 | fund shall be budgeted and expended by the Office of Management and | |
69 | 121 | Enterprise Services Department of Mental Health and Substance Abuse | |
70 | 122 | Services for the sole purpose of pr oviding funds to counties to | |
71 | 123 | provide community rehabilitative programming, including but not | |
72 | 124 | limited to mental health and substance abuse services. Funds shall | |
73 | 125 | be disbursed in proportion to county population, as reported in the | |
74 | 126 | most recent census for development and implementation of the | |
75 | 127 | programs listed in Section 4 of this act. | |
76 | - | ||
77 | 128 | C. Expenditures from the fund shall be made upon warrants | |
78 | 129 | issued by the State Treasurer against claims filed as prescribe d by | |
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79 | 157 | law with the Director of the Office of Management and Enterprise | |
80 | 158 | Services for approval and payment. | |
81 | - | ||
82 | 159 | D. The Director of the Office of M anagement and Enterprise | |
83 | 160 | Services shall promulgate rules necessary to implement the | |
84 | 161 | provisions of this act . | |
85 | - | ||
86 | 162 | SECTION 2. AMENDATORY 57 O.S. 2021, Sect ion 632, is | |
87 | 163 | amended to read as follows: | |
88 | - | ||
89 | 164 | Section 632. No later than July 31 of the year following the | |
90 | 165 | effective date of this act, and no later than July 31 every year | |
91 | - | ||
92 | - | ENR. S. B. NO. 844 Page 3 | |
93 | 166 | thereafter each year, the Office of Management and Ent erprise | |
94 | 167 | Services Legislative Office of Fiscal Transparency shall calculate | |
95 | 168 | the annual savings and averted costs from the prior fiscal y ear that | |
96 | 169 | accrued to the state from the due to the reduction of the number and | |
97 | 170 | length of incarcerations attributed to the implementation of the | |
98 | 171 | Oklahoma Smart Justice Reform Act. In making the calculation | |
99 | 172 | required by this section, the Office of Management and Enterprise | |
100 | 173 | Services Legislative Office of Fiscal Transparency shall use actual | |
101 | 174 | data or best available estimates wh ere actual data is not available. | |
102 | 175 | The calculation shall be final and shall not be adjusted for any | |
103 | 176 | subsequent changes in the underlying data. | |
104 | - | ||
105 | 177 | SECTION 3. AMENDATORY 57 O.S. 2021, Section 633, is | |
106 | 178 | amended to read as follows: | |
107 | - | ||
108 | 179 | Section 633. An amount equal to the savings calculated by the | |
109 | 180 | Office of Management and Enterprise Services Legislative Office of | |
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110 | 208 | Fiscal Transparency pursuant to Section 632 of Title 57 Section 632 | |
111 | 209 | of this title shall, subject to appropriation by the Legisl ature, be | |
112 | 210 | paid to the County Community Safety Investment Fund created in | |
113 | 211 | Section 631 of this title. | |
114 | - | ||
115 | 212 | This section is intended to comply with, and is subject to, | |
116 | 213 | Article V, Section 55, Article VI, Sec tion 12, Article X, Section | |
117 | 214 | 23, and the other applicable provisions of the Oklahoma | |
118 | 215 | Constitution. | |
119 | - | ||
120 | 216 | SECTION 4. NEW LAW A new section of law to be codified | |
121 | 217 | in the Oklahoma Statutes as Section 2-312.4 of Title 43A, unless | |
122 | 218 | there is created a duplication in numb ering, reads as follows: | |
123 | - | ||
124 | 219 | A. Subject to availability of funds under Section 631 of Title | |
125 | 220 | 57 of the Oklahoma Statutes, the Department of Mental Health and | |
126 | 221 | Substance Abuse Services shall annually issue a request for | |
127 | 222 | proposals by which county governments or multi-county partnerships | |
128 | 223 | may apply for funds for the development and implementation of | |
129 | 224 | evidence-based: | |
130 | - | ||
131 | 225 | 1. Mental health and substance abuse treatment programs or | |
132 | 226 | other health care programs; | |
227 | + | 2. Pretrial diversion programs; | |
228 | + | 3. Employment programs; | |
229 | + | 4. Education programs; or | |
230 | + | 5. Housing programs. | |
133 | 231 | ||
134 | - | 2. Pretrial diversion programs; | |
135 | - | ||
136 | - | ENR. S. B. NO. 844 Page 4 | |
137 | - | ||
138 | - | 3. Employment programs; | |
139 | - | ||
140 | - | 4. Education programs; or | |
141 | - | ||
142 | - | 5. Housing programs. | |
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144 | 258 | B. The request for proposals shall include, but not be limited | |
145 | 259 | to, the proposed services , number of individuals to be served by the | |
146 | 260 | proposed services or programs, and the manner in wh ich the services | |
147 | 261 | or programs will partner with or be supported by local Department- | |
148 | 262 | contracted or -certified entities. | |
149 | - | ||
150 | 263 | C. For a proposal to be considered, the applying county | |
151 | 264 | government or multi-county partnership must submit all necessary | |
152 | 265 | documents to meet the requirements outlined in the request for | |
153 | 266 | proposals. | |
154 | - | ||
155 | 267 | D. The number of awards and funding amounts of ea ch award shall | |
156 | 268 | be at the discretion of the Department and shall be based on total | |
157 | 269 | available funds, total county population, and the criteria in | |
158 | 270 | subsection B of this section. | |
159 | - | ||
160 | 271 | E. The Department shall submit an annual report to the | |
161 | 272 | President Pro Tempore of t he Senate and the Speaker of the House of | |
162 | 273 | Representatives that includes the amount awarded to each c ounty | |
163 | 274 | government or multi-county partnership and a summary of services | |
164 | 275 | provided by each county government or multi-county partnership. | |
165 | - | ||
166 | 276 | F. The Board of Mental Health and Substance Abuse Services | |
167 | 277 | shall promulgate rules to implement the provisions of this ac t | |
168 | 278 | including, but not limited to, rules that set qualifications for | |
169 | 279 | programs eligible to receive funds under this section. | |
170 | - | ||
171 | 280 | SECTION 5. RECODIFICATION 57 O.S. 2021, Section 631, as | |
172 | 281 | amended by Section 1 of this act, shall be recodified as Section 2- | |
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173 | 309 | 312.1 of Title 43A of the Oklahoma Statu tes, unless there is created | |
174 | 310 | a duplication in numbering. | |
175 | - | ||
176 | 311 | SECTION 6. RECODIFICATION 57 O.S. 2021, Section 632, as | |
177 | 312 | amended by Section 2 of this act, shall be recodified as Section 2- | |
178 | - | ||
179 | - | ENR. S. B. NO. 844 Page 5 | |
180 | 313 | 312.2 of Title 43A of the Oklahoma Statutes, unless there is created | |
181 | 314 | a duplication in numbering. | |
182 | - | ||
183 | 315 | SECTION 7. RECODIFICATION 57 O.S. 2021, Section 633, as | |
184 | 316 | amended by Section 3 of this act, shall be recodified as Section 2- | |
185 | 317 | 312.3 of Title 43A of the Oklahoma Statutes, unless there is cre ated | |
186 | 318 | a duplication in numbering. | |
187 | - | ||
188 | 319 | SECTION 8. This act shall become effective July 1, 20 23. | |
189 | - | ||
190 | 320 | SECTION 9. It being immediately necessary for the preservation | |
191 | 321 | of the public peace, health or safety, an emergency is hereby | |
192 | 322 | declared to exist, by reason whereof this act shall take effect and | |
193 | 323 | be in full force from and after its passag e and approval. | |
194 | 324 | ||
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196 | - | ENR. S. B. NO. 844 Page 6 | |
197 | - | Passed the Senate the 6th day of March, 2023. | |
198 | - | ||
199 | - | ||
200 | - | ||
201 | - | Presiding Officer of the Senate | |
202 | - | ||
203 | - | ||
204 | - | Passed the House of Representatives the 25th day of April, 2023. | |
205 | - | ||
206 | - | ||
207 | - | ||
208 | - | Presiding Officer of the House | |
209 | - | of Representatives | |
210 | - | ||
211 | - | OFFICE OF THE GOVERNOR | |
212 | - | Received by the Office of the Governor this ____________________ | |
213 | - | day of _________________ __, 20_______, at _______ o'clock _______ M. | |
214 | - | By: _______________________________ __ | |
215 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
216 | - | day of _________________ __, 20_______, at _______ o'clock __ _____ M. | |
217 | - | ||
218 | - | _________________________________ | |
219 | - | Governor of the State of Oklahoma | |
220 | - | ||
221 | - | ||
222 | - | OFFICE OF THE SECRETARY OF STATE | |
223 | - | Received by the Office of the Secretary of State this _______ ___ | |
224 | - | day of __________________, 20 _______, at _______ o'clock _______ M. | |
225 | - | By: _________________________________ | |
325 | + | COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 04/05/2023 - | |
326 | + | DO PASS, As Coauthored. |