An Act
ENROLLED SENATE
BILL NO. 1189 By: Thompson (Roger) and Hall
of the Senate
and
Wallace and Martinez of the
House
An Act relating to the Department of Mental Health
and Substance Abuse 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 verifications; 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 costs; requiring certain
reports and submissions to certain entities;
requiring appearance before certain joint committee;
limiting duration of certain requirements; and
declaring an emergency.
SUBJECT: Department of Mental Health and Substance Abuse Services
BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
SECTION 1. There is hereby appropriated to the Dep artment of
Mental Health and Substance Abuse Services from any monies not
ENR. S. B. NO. 1189 Page 2
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 Eighteen Million Four
Hundred Sixty Thousand Dollar s ($18,460,000.00) or so much thereof
as may be necessary due to increased costs of the project funded in
Section 2 of Enrolled House Bill No. 1013 of the 2nd Extraordinary
Session of the 58th Oklahoma Leg islature.
SECTION 2. A. There is hereby created in the State Treasury a
Statewide Recovery Special Account for the Department of Mental
Health and Substance Abuse Services 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 Mental Health and Substance Abuse Services in
accordance with the provisions of this act. Expenditures from such
account shall be made upon warrants issued by the State Treasu rer
against claims filed as presc ribed by law with the Director of th e
Office of Management and Enterprise Services for approval and
payment.
B. The Department of Mental Health and Substance Abuse 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 Mental Health and Substance Abuse
Services 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
ENR. S. B. NO. 1189 Page 3
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 Mental Health and Substance Abuse
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.
SECTION 5. The Department of Mental Health and Substance Abuse
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 Mental Health and
Substance Abuse 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 Mental Health and
Substance Abuse Services under the provisions of this act; provided,
no funds shall be retained that would be disallowable under the
provisions of the American Rescue Plan Act of 2021.
SECTION 6. A. The Department of Mental Health and Substance
Abuse Services shall:
1. Submit to the chairs of the Joint Committee on Pandemic
Relief Funding, or any successor 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
ENR. S. B. NO. 1189 Page 4
b. a copy of all memorandums of understanding and
contracts with third parties entered into by the
Department of Mental Health and Substance Abuse
Services to facilitate, assist, or administer powers
and duties provided to the Department of Mental Health
and Substance Abuse 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 b y 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, the President Pro Tempore of
the Oklahoma State Senate, and the Speaker of the Oklahoma House of
Representatives.
SECTION 7. It being immediately necessary for the preservati on
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passag e and approval.
ENR. S. B. NO. 1189 Page 5
Passed the Senate the 17th day of May, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 19th day of May, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _____ __ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __