1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3033 By: Randleman
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6 AS INTRODUCED
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7 An Act relating to the State Department of Health;
7 making appropriations; identifying source;
8 establishing amount; providing purpose; requiring and
8 limiting the utilization of funds; creating certain
9 special accounts; limiting duration of accounts;
9 requiring certain determination; providing and
10 limiting the nature of accounts and funds within
10 accounts; authorizing agency to submit request for
11 certain deposit or transfer; requiring certain
11 compliance and verification; authorizing certain
12 memorandums of understanding; limiting scope;
12 prohibiting certain memoranda terms; authorizing and
13 limiting the promulgation of rules and utilization of
13 procedures; authorizing and limiting the retention of
14 monies for administration costs; requiring certain
14 reports and submissions to certain entities;
15 requiring appearance before certain joint committee;
15 limiting duration of certain requirements; providing
16 determination process; providing for noncodification;
16 and declaring an emergency.
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20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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21 SECTION 1. NEW LAW A new section of law not to be
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22 codified in the Oklahoma Statutes reads as follows:
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23 There is hereby appropriated to the State Department of Health
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24 from monies not otherwise appropriated from the Statewide Recovery
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 1 Fund of the State Treasury created in Enrolled House Bill No. 3349
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2 of the 2nd Session of the 58th Legislature, the sum of Four Million
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3 Two hundred Thousand Dollars ($4,200,000.00) or so much thereof as
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4 may be necessary to help build out a long-term stay mental health
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5 ward for adolescences located in southeast Oklahoma and already
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6 connected to and associated with an active hospital.
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7 SECTION 2. NEW LAW A new section of law not to be
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8 codified in the Oklahoma Statutes reads as follows:
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9 A. There is hereby created in the State Treasury a Statewide
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10 Recovery Special Account for the State Department of Health for each
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11 appropriation section of this act. The duration of such accounts
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12 shall continue for the period of time that monies related to the
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13 American Rescue Plan Act of 2021 are being budgeted, expended, or
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14 managed in the state. The ending of such period shall be determined
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15 by the State Treasurer and shall result in the closing of such
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16 accounts as a matter of law. Such accounts shall be continuing
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17 accounts as otherwise provided in this section, not subject to
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18 fiscal year limitations, and shall exclusively consist of monies
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19 related to the relevant appropriations made in this act and as
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20 otherwise directed by law. All monies deposited to the credit of
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21 such accounts are hereby appropriated and may be budgeted and
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22 expended by the State Department of Health in accordance with the
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23 provisions of this act. Expenditures from such accounts shall be
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24 made upon warrants issued by the State Treasurer against claims
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 1 filed as prescribed by law with the Director of the Office of
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2 Management and Enterprise Services for approval and payment.
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3 B. The State Department of Health is authorized to request in
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4 writing that the monies appropriated by the provisions of this act
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5 be deposited or transferred to the accounts created pursuant to
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6 subsection A of this section. No later than seven (7) calendar days
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7 from the date of such request, the Director of the Office of
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8 Management and Enterprise Services shall comply with such request
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9 and verify to the requesting agency that such deposit or transfer
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10 has been completed.
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11 SECTION 3. NEW LAW A new section of law not to be
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12 codified in the Oklahoma Statutes reads as follows:
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13 The State Department of Health may enter into memorandums of
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14 understanding with other agencies of the State of Oklahoma for the
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15 auditing, documentation, evaluation, implementation, oversight,
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16 reporting, and management of funds and associated efforts related to
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17 the appropriations made in this act; provided, that no such
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18 memorandum of understanding shall require or include, as an option
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19 or condition, the direct or practical transfer or relinquishment of
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20 control by the agency appropriated such funds to budget, expend,
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21 allocate, and request the distribution of the funds appropriated by
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22 this act.
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23 SECTION 4. NEW LAW A new section of law not to be
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24 codified in the Oklahoma Statutes reads as follows:
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 1 The State Department of Health may promulgate rules, utilize
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2 existing rules, establish procedures, and utilize existing
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3 procedures to implement the provisions of this act; provided, such
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4 rules and procedures do not conflict with or impede the provisions
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5 of this act.
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6 SECTION 5. NEW LAW A new section of law not to be
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7 codified in the Oklahoma Statutes reads as follows:
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8 The State Department of Health shall retain no more than two
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9 percent (2%) of the funds appropriated by this act to reimburse:
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10 1. Costs incurred by the State Department of Health; or
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11 2. Costs incurred on the agency's behalf, associated with the
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12 administration of the appropriated funds and programming required by
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13 the State Department of Health under the provisions of this act;
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14 provided, that no funds shall be retained that would be disallowable
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15 under the provisions of the American Rescue Plan Act of 2021.
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16 SECTION 6. NEW LAW A new section of law not to be
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17 codified in the Oklahoma Statutes reads as follows:
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18 A. The State Department of Health shall:
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19 1. Submit to the Chairs of the Joint Committee on Pandemic
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20 Relief Funding, or any successor Senate legislative or House of
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21 Representatives legislative committee or joint committee, as
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22 designated by the President Pro Tempore of the Senate and the
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23 Speaker of the House of Representatives:
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 1 a. a written or electronic quarterly report detailing the
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2 budgeting, expenditure, and management of all monies
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3 appropriated in this act, and
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4 b. a copy of all memorandums of understanding and
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5 contracts with third parties entered into by the State
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6 Department of Health to facilitate, assist, or
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7 administer powers and duties provided to the State
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8 Department of Health under the provisions of this act;
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9 and
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10 2. At the Joint Committee on Pandemic Relief Funding's request,
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11 appear before the Joint Committee no later than six (6) months after
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12 the effective date of this act, and as otherwise requested by the
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13 Joint Committee to provide a status update regarding the
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14 implementation of the provisions of this act.
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15 B. The provisions of subsection A of this section shall remain
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16 applicable for the period of time that monies appropriated under
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17 this act are being budgeted, expended, or managed in the state. The
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18 ending of such period shall be determined by the State Treasurer,
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19 and shall be reported to the Governor, President Pro Tempore of the
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20 Senate and the Speaker of the House of Representatives.
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21 SECTION 7. It being immediately necessary for the preservation
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22 of the public peace, health or safety, an emergency is hereby
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23 declared to exist, by reason whereof this act shall take effect
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 1 and be in full force from and after its passage and approval.
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3 59-2-9180 MKS 01/11/24
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