Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1186 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. 1186 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 Human Services ;
18	48		making an appropriation; identifying source;
19	49		establishing amount; providing purpose; requiring and
20	50		limiting the utilization of funds; creating certain
21	51		special account; limiting duration of account;
22	52		requiring certain determinations; providing and
23	53		limiting the nature of the account and the funds
24	54		within the account; authorizing agency to submit
25	55		request for certain deposits or transfers; requiring
26	56		certain compliance and verification s; authorizing
27	57		certain memorandums of understanding; limiting scope;
28	58		prohibiting certain memoranda terms; authorizing and
29	59		limiting the promulgation of rules and utilization of
30	60		procedures; authorizing and limiting the retention of
31	61		monies for administration cos ts; requiring certain
32	62		reports and submissions to certain entities;
33	63		requiring appearance before certain joint committee;
34	64		limiting duration of certain requirements; providing
35	65		determination process; establishing requirements; and
36	66		declaring an emergency.
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41		-	SUBJECT: Department of Human Services
42		-
43	71		BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
44		-
45	72		SECTION 1. There is hereby appropriated to the Department of
46	73		Human Services from any monies not otherwise appropriated from the
47	74
48		-	ENR. S. B. NO. 1186 Page 2
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49	101		Statewide Recovery Fund of the State Treasury created in Enrolled
50	102		House Bill No. 3349 of the 2nd Session of the 58th Oklahoma
51	103		Legislature, the sum of Twelve Million Eight Hundred Two Thousand
52	104		Nine Hundred Ninety-three Dollars ($12,802,993.00) or so much
53	105		thereof as may be necessary to establish a grant program that
54	106		provides assistance to food programs which support the availability
55	107		of and access to affordable and nutritious foods . Such funds shall
56	108		be utilized in a manner consistent with the recommendations adopted
57	109		by the Joint Committee on Pandemic Re lief Funding on May 11, 2023.
58		-
59	110		SECTION 2. A. There is hereby created in the State Treasury a
60	111		Statewide Recovery Special Account for the appropriated monies as
61	112		provided for in Section 1 of this act. The duration of such account
62	113		shall continue for the period of time that monies related to the
63	114		American Rescue Plan Act of 2021 are being budgeted, expended, or
64	115		managed in the state. The ending of such period shall be determined
65	116		by the State Treasurer, and shall result in the closing of such
66	117		account as a matter of law. Such account shall be a continuing
67	118		account as otherwise provided in this section, not subject to fiscal
68	119		year limitations, and shall exclusively consist of monies related to
69	120		the relevant appropriation made in this act and as otherwise
70	121		directed by law. All monies deposited to the credit of such account
71	122		are hereby appropriated and may be budgeted and expended by the
72	123		Department of Human Services in accordance with the provisions of
73	124		this act. Expenditures from such account shall be made upon
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74	152		warrants issued by the State Treasurer agai nst claims filed as
75	153		prescribed by law with the Director of the Office of Management and
76	154		Enterprise Services for approval and payment.
77		-
78	155		B. The Department of Human Services is authorized to request in
79	156		writing that the monies appropriated by the provisions of this act
80	157		be deposited or transferred to the account created pursuant to
81	158		subsection A of this section. No later than seven (7) calendar days
82	159		from the date of such request, the Director of the Office of
83	160		Management and Enterprise Services shall comply with such request
84	161		and verify to the requesting agency that such deposit or transfer
85	162		has been completed.
86		-
87	163		SECTION 3. The Department of Human Service s may enter into
88	164		memorandums of understanding with other agen cies of the State of
89	165		Oklahoma for the auditing, documentation, evaluation,
90	166		implementation, oversight, reporting, and management of funds and
91		-
92		-	ENR. S. B. NO. 1186 Page 3
93	167		associated efforts related to the appropriation made in this act;
94	168		provided, no such memorandum of understandi ng shall require or
95	169		include, as an option or condition, the direct or practical transfer
96	170		or relinquishment of control by the agency appropriated such funds
97	171		to budget, expend, allocate, and request the distribution of the
98	172		funds appropriated by this act.
99		-
100	173		SECTION 4. The Department of Human Services may promulgate
101	174		rules, utilize existing rules, establish procedures, and utilize
102	175		existing procedures to implement the provisions of this act,
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103	203		provided such rules and procedures do not conflict with or impede
104	204		the provisions of this act.
105		-
106	205		SECTION 5. The Department of Human Services shall retain no
107	206		more than two percent (2%) of the funds appropriated by this act to
108	207		reimburse:
109		-
110	208		1. Costs incurred by the Department of Human Services ; or
111		-
112	209		2. Costs incurred on the agency’s behalf,
113		-
114	210		associated with the administration of the appropriated funds and
115	211		programming required by the Department of Human Services under the
116	212		provisions of this act; provided, no funds shall be retain ed that
117	213		would be disallowable under the provisions of the American Rescue
118	214		Plan Act of 2021.
119		-
120	215		SECTION 6. A. The Department of Human Services shall:
121		-
122	216		1. Submit to the chairs of the Joint Committee on Pandemic
123	217		Relief Funding, or any successor of the Oklahoma State Senate or
124	218		Oklahoma House of Representatives legislative committee or joint
125	219		committee, as designated by the President Pro Tempore of the
126	220		Oklahoma State Senate and the Speaker of the Oklahoma House of
127	221		Representatives:
128		-
129	222		a. a written or electronic quarterly report detailing the
130	223		budgeting, expenditure, and management of all monies
131	224		appropriated in this act, and
132		-
133	225		b. a copy of all memorandums of understanding and
134	226		contracts with third parties entered into by the
135	227
136		-	ENR. S. B. NO. 1186 Page 4
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137	254		Department of Human Se rvices to facilitate, assist, or
138	255		administer powers and duties provided to the
139	256		Department of Human Services under the provisions of
140	257		this act; and
141		-
142	258		2. At the Joint Committee on Pandemic Relief Funding’s request,
143	259		appear before the Joint Committee no later than six (6) months after
144	260		the effective date of this act, and as otherwise requested by the
145	261		Joint Committee to provide a status update regarding the
146	262		implementation of th e provisions of this act.
147		-
148	263		B. The provisions of subsection A of this section shall remain
149	264		applicable for the period of time that monies appropriated under
150	265		this act are being budgeted, expended, or managed in the state. The
151	266		ending of such period shall be d etermined by the State Treasurer,
152	267		and shall be reported to the Governor, President Pro Tempore of the
153	268		Oklahoma State Senate, and the Speaker of the Oklahoma House of
154	269		Representatives.
155		-
156	270		SECTION 7. For all projects funded in this measure, if a
157	271		nonprofit 501(c)(3) organization may help implement the project, the
158	272		Department of Human Services shall require the nonprofit show that
159	273		it:
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161	274		1. Provides direct services to residents of Oklahoma;
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163	275		2. Is in good standing with the Office of the Secretary of
164	276		State;
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166	304		3. Is in compliance with the applicable federal and Oklahoma
167	305		tax laws for years 2019, 2020, and 2021; and
168		-
169	306		4. Continues to provide its good standing with the Office of
170	307		the Secretary of State and is in compliance with applicable federal
171	308		and Oklahoma tax laws fo r all years the nonprofit is helping
172	309		implement the program.
173		-
174	310		SECTION 8. It being immediately necessary for the preservation
175	311		of the public peace, health or safety, an emergency is hereby
176	312		declared to exist, by reason whereof this act shall t ake effect and
177	313		be in full force from and after its passag e and approval.
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179		-
180		-	ENR. S. B. NO. 1186 Page 5
181		-	Passed the Senate the 17th day of May, 2023.
182		-
183		-
184		-
185		-	Presiding Officer of the Senate
186		-
187		-
188		-	Passed the House of Representatives the 19th day of May, 2023.
189		-
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192		-	Presiding Officer of the House
193		-	of Representatives
194		-
195		-	OFFICE OF THE GOVERNOR
196		-	Received by the Office of the Governor this _______ _____________
197		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
198		-	By: _______________________________ __
199		-	Approved by the Governor of the State of Oklahoma this _____ ____
200		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
201		-
202		-	_________________________________
203		-	Governor of the State of Oklahoma
204		-
205		-
206		-	OFFICE OF THE SECRETARY OF STATE
207		-	Received by the Office of the Secretary of State this _______ ___
208		-	day of __________________, 20 _______, at _______ o'clock _______ M.
209		-	By: _______________________________ __
	315	+	COMMITTEE REPORT BY: COMMITTEE ON JOINT COMMITTEE ON APPROPRIATIONS
	316	+	AND BUDGET, dated 05/16/2023 - DO PASS, As Amended.