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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2943 By: Wallace and Martinez of the
House
and
Thompson (Roger) and Hall
of the Senate
COMMITTEE SUBSTITUTE
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 promulgation 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 .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. 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 Four
Million Dollars ($4,000,0 00.00) or so much therefore as m ay 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 Oklahoma 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 therefore 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:
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A. There is hereby created in the State Treasury a Statewide
Recovery Special Account for the State Department of Health for each
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, or
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 subject 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 accordance 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 Office 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
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 t he Office of
Management and Enterprise Services shall comply with such request
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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, evaluation, 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 shall 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 to 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 follows:
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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 an d 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 2021.
SECTION 7. NEW LAW A new section of law 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 legislative committee or joint committee, as
designated by the President Pr o Tempore of the Senate and the
Speaker of the 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 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
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Department of Health under the 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 budgeted, expended, or managed 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 immediately 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.
COMMITTEE REPORT BY: COMMITTEE ON JOINT COMMITTEE ON APPROPRIATIONS
AND BUDGET, dated 05/16/2023 – DO PASS, As Amended.