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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3033 By: Randleman
AS INTRODUCED
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; limiting duration of accounts;
requiring certain determination; providing and
limiting the nature of accounts and funds within
accounts; authorizing ag ency to submit reques t for
certain deposit or transfer; re quiring certain
compliance and verification; authorizing certain
memorandums of underst anding; limiting scope;
prohibiting certain memorand a 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 requ irements; providing
determination process; providing for noncodification;
and declaring an emergency .
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 Oklahoma Statutes reads as follows:
There is hereby appropriated to the State Dep artment of Health
from monies not otherwise app ropriated from the Statewide Recovery
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Fund of the State Treasury created in Enrolled House Bill No. 3349
of the 2nd Session of the 58th Legislature, the sum of Four Million
Two hundred Thousand Dollars ($4,200,000.00) or so much there of as
may be necessary to help build out a long-term stay mental health
ward for adolescences located in southeast Oklahoma and already
connected to and associated with an active hospital.
SECTION 2. 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 f or the State Department of Health for each
appropriation section of this act. The duration of such accounts
shall continue for the period of time that monies related to the
American Rescue Plan Act of 2021 are being b udgeted, expended, or
managed in the state. The ending of such period shall be determined
by the State Treasurer and shall result in the closing of such
accounts as a matter of law. Such accounts shall be con tinuing
accounts as otherwise provided in this s ection, not subject to
fiscal year limitations, and shall exclusively consist of monies
related to the relevant appropriations made in this act and as
otherwise directed by law. All monies deposited to the cre dit of
such accounts are hereby appropriated an d may be budgeted and
expended by the State Department of Health in accordance with the
provisions of this act. Expenditures from such accounts shall be
made upon warrants issued by the State Treasurer against claims
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filed as prescribed by law with the Dir ector of the Office of
Management and Enterprise Services for approval and payment.
B. The State Department of Health is authorized to request in
writing that the monies appropriate d 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 the Office of
Management and Enterprise Servi ces shall comply with such r equest
and verify to the requesting agency that such deposit or transfer
has been completed.
SECTION 3. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The State Department of Health may e nter into memorandums of
understanding with oth er agencies of the State of Okla homa for the
auditing, documentation, evaluation, implementation, oversight,
reporting, and management of funds and associated efforts related to
the appropriations made in this act; provided, that no such
memorandum of understanding shall require or inclu de, as an option
or condition, the direct or practical transfer or relinquishment of
control by the agency appropriated such funds to budget, expend,
allocate, and request the d istribution of the funds appropriated by
this act.
SECTION 4. 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 may promulgat e 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 5. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads a s follows:
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 appropr iated funds and programming required by
the State Department of Health under the provisions of this act;
provided, that no funds shall be retained that would be disallowable
under the provisions of the American Rescue Plan Act o f 2021.
SECTION 6. 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 J oint Committee on Pandemic
Relief Funding, or a ny successor Senate legislat ive or House of
Representatives legislative committee or joint committee, as
designated by the President Pro Tempore of the Senate and the
Speaker of the House of Representatives:
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a. a written or electronic quarterly report det ailing the
budgeting, expenditure, and management of all monies
appropriated in this act, and
b. a copy of all memorandums of understanding and
contracts with third part ies entered into by the State
Department of Health to facilitate, assist, or
administer powers and duties provided t o the State
Department of Health under the provisions of this act;
and
2. At the Joint Committee on Pandemic 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 re quested by the
Joint Committee to provide a status update regarding the
implementation of the provisions of this a ct.
B. The provisions of subsection A of this section shall rema in
applicable for the period of time that monie s appropriated under
this act are being budgeted, expended, or managed in the state. The
ending of such period shall be determined by the State T reasurer,
and shall be reported to the Governor, President Pro T empore of the
Senate and the Speaker of the Hou se of Representatives.
SECTION 7. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect
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and be in full force from a nd after its passage an d approval.
59-2-9180 MKS 01/11/24