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ENGROSSED SENATE
BILL NO. 1186 By: Thompson (Roger) and Hall
of the Senate
and
Wallace and Martinez of the
House
An Act relating to the Department of Human Services ;
making an appropriation; identifying source;
establishing amount; providing purpose; requiring and
limiting the utilization of funds; creating certain
special account; limiting duration of account;
requiring certain determinations; providing and
limiting the nature of the account and the funds
within the account; authorizing agency to submit
request for certain deposits or transfers; requiring
certain compliance and verification s; authorizing
certain memorandums of understanding; limiting scope;
prohibiting certain memoranda terms; authorizing and
limiting the promulgation of rules and utilization of
procedures; authorizing and limiting the retention of
monies for administration cos ts; requiring certain
reports and submissions to certain entities;
requiring appearance before certain joint committee;
limiting duration of certain requirements; providing
determination process; establishing requirements; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. There is hereby appropriated to the Department of
Human Services from any 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 Twelve Million Eight Hundred Two Thousand
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Nine Hundred Ninety-three Dollars ($12,802,993.00) or so much
thereof as may be necessary to establish a grant program that
provides assistance to food programs which support the availability
of and access to affordable and nutritious foods . Such funds shall
be utilized in a manner consistent with the recommendations adopted
by the Joint Committee on Pandemic Re lief Funding on May 11, 2023.
SECTION 2. A. There is hereby created in the State Treasury a
Statewide Recovery Special Account for the appropriated monies as
provided for in Section 1 of this act. The duration of such account
shall continue for the period 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 closing of such
account as a matter of law. Such account shall be a continuing
account as otherwise provided in this section, not subject to fiscal
year limitations, and shall exclusively consist of monies related to
the relevant appropriation made in this act and as otherwise
directed by law. All monies deposited to the credit of such account
are hereby appropriated and may be budgeted and expended by the
Department of Human Services in accordance with the provisions of
this act. Expenditures from such account shall be made upon
warrants issued by the State Treasurer agai nst claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
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B. The Department of Human Services is authorized to request in
writing that the monies appropriated by the provisions of this act
be deposited or transferred to the account 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 Services shall comply with such request
and verify to the requesting agency that such deposit or transfer
has been completed.
SECTION 3. The Department of Human Service s may enter into
memorandums of understanding with other agen cies of the State of
Oklahoma for the auditing, documentation, evaluation,
implementation, oversight, reporting, and management of funds and
associated efforts related to the appropriation made in this act;
provided, no such memorandum of understandi ng shall require or
include, 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 distribution of the
funds appropriated by this act.
SECTION 4. The Department of Human Services may promulgate
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.
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SECTION 5. The Department of Human Services shall retain no
more than two percent (2%) of the funds appropriated by this act to
reimburse:
1. Costs incurred by the Department of Human Services ; or
2. Costs incurred on the agency’s behalf,
associated with the administration of the appropriated funds and
programming required by the Department of Human Services under the
provisions of this act; provided, no funds shall be retain ed that
would be disallowable under the provisions of the American Rescue
Plan Act of 2021.
SECTION 6. A. The Department of Human Services shall:
1. Submit to the chairs of the Joint Committee on Pandemic
Relief Funding, or any successor of the Oklahoma State Senate or
Oklahoma House of Representatives legislative committee or joint
committee, as designated by the President Pro 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 management of all monies
appropriated in this act, and
b. a copy of all memorandums of understanding and
contracts with third parties entered into by the
Department of Human Se rvices to facilitate, assist, or
administer powers and duties provided to the
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Department of Human Services 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 requested by the
Joint Committee to provide a status update regarding the
implementation of th e 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 d etermined by the State Treasurer,
and shall be reported to the Governor, President Pro Tempore of the
Oklahoma State Senate, and the Speaker of the Oklahoma House of
Representatives.
SECTION 7. For all projects funded in this measure, if a
nonprofit 501(c)(3) organization may help implement the project, the
Department of Human Services shall require the nonprofit show that
it:
1. Provides direct services to residents of Oklahoma;
2. Is in good standing with the Office of the Secretary of
State;
3. Is in compliance with the applicable federal and Oklahoma
tax laws for years 2019, 2020, and 2021; and
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4. Continues to provide its good standing with the Office of
the Secretary of State and is in compliance with applicable federal
and Oklahoma tax laws fo r all years the nonprofit is helping
implement the program.
SECTION 8. 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 t ake effect and
be in full force from and after its passag e and approval.
Passed the Senate the 17th day of May, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives