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ENGR. H. B. NO. 3131 Page 1
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ENGROSSED HOUSE
BILL NO. 3131 By: West (Kevin) of the House
and
Hamilton of the Senate
[ homeless shelter standards - Oklahoma Homeless
Shelter Safety and Accountability Act - minimum
statewide standards for providers receiving state-
administered funds and state-administered federal
funds - rulemaking authority - financial
transparency and aggregate reporting - complaint,
enforcement, and appeal procedures - local zoning
authority - advisory board – sunset –
noncodification – codification - effective date ]
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:
This act shall be known and may be cited as the "Oklahoma
Homeless Shelter Safety and Accountability Act".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1200 of Title 63, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Homeless shelter provider" means a public or private entity
operating a facility providing temporary overnight shelter to
individuals experiencing homelessness and receiving state-
administered funds or state-administered federal funds;
2. "Material safety event" means:
a. death not resulting from natural causes,
b. serious bodily injury requiring emergency transport or
hospitalization,
c. fire requiring response by a fire department,
d. violent felony offense reported to law enforcement, or
e. a condition presenting an imminent threat to life or
physical safety;
3. "On the premises" means within property under control of the
provider;
4. "State-administered federal funds" means federal funds
received by a state agency and distributed through grant, contract,
or subrecipient agreement; and
5. "State-administered funds" means funds appropriated by the
Legislature or otherwise disbursed by a state agency.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1201 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Nothing in this act shall create, replace, alter, redefine,
or supersede any continuum of care established pursuant to federal
law or administered by the United States Department of Housing and
Urban Development.
B. Nothing in this act shall:
1. Establish a statewide continuum of care;
2. Replace or modify federal homeless management information
system (HMIS) governance structures; or
3. Alter coordinated entry systems established under federal
law.
C. In the event of a conflict between this act and applicable
federal grant requirements, federal requirements shall control.
D. Compliance with this act shall be a condition of eligibility
for receipt of state-administered funds or state-administered
federal funds.
E. To the extent practicable, the State Department of Health
shall accept existing federal or state reports in satisfaction of
reporting requirements under this act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1202 of Title 63, unless there
is created a duplication in numbering, reads as follows:
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This act applies only to homeless shelter providers receiving
state-administered funds or state-administered federal funds.
Providers receiving federal funds directly from a federal agency
without state administration are not subject to this act unless
otherwise required by state law.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1203 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. The State Department of Health may promulgate rules strictly
limited to implementing the standards expressly authorized in this
section.
B. Rulemaking authority is confined solely to:
1. Basic life safety standards consistent with existing
applicable building and fire codes;
2. Minimum sanitation and hygiene standards;
3. Reporting procedures for material safety events;
4. Documentation verifying occupancy limits consistent with
local approvals;
5. Staff training standards limited to safety, emergency
response, and facility operations; and
6. Health or safety deficiencies within the homeless shelter
and the time period within which such deficiencies shall be
corrected.
C. The State Department of Health shall not:
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1. Create or establish a statewide continuum of care structure;
2. Establish mandatory performance benchmarks or outcome
thresholds;
3. Create systemwide reduction targets;
4. Require submission of client-level personally identifiable
information;
5. Duplicate federal homeless management information system
(HMIS) reporting requirements;
6. Impose zoning or land use requirements;
7. Establish licensing requirements beyond those required by
law;
8. Regulate clinical or medical services unless required by
separate statute; or
9. Expand the scope of this act beyond providers receiving
state-administered funds or state-administered federal funds.
D. Any expansion beyond subsection B of this section requires
express legislative enactment.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1204 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. As a condition of eligibility for state-administered funds
or state-administered federal funds, a homeless shelter provider
shall submit to the Oklahoma Department of Commerce documentation
sufficient to demonstrate fiscal stability, as evidenced through
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existing audit, financial reporting, or grant compliance
documentation.
B. The Department may require:
1. Audit documentation consistent with federal single audit
requirements when applicable;
2. Tiered financial review thresholds based on the amount of
state-administered funds or state-administered federal funds
received;
3. Financial statements appropriate to the level of funding
received; and
4. Documentation already required under federal or state grant
agreements.
C. The Department shall align reporting requirements with
existing federal and state grant documentation and shall, to the
extent practicable, accept substantially similar documentation in
satisfaction of this section.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1205 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Providers shall submit annually, to the State Department of
Health, aggregate data including:
1. Authorized bed or unit capacity;
2. Average occupancy rates;
3. Aggregate counts of material safety events;
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4. Aggregate counts of emergency responses;
5. Aggregate exits to permanent housing;
6. Aggregate returns to homelessness or unknown exits; and
7. Aggregate referrals to treatment or behavioral health
services.
B. Outcome data shall be used solely for transparency and
public planning purposes.
C. Funding eligibility shall not be conditioned on achieving
specific outcome percentages or performance benchmarks beyond those
required as a condition of receipt of state-administered funds or
state-administered federal funds.
D. Reports shall not include personally identifiable
information beyond what is required under applicable federal law.
E. The State Department of Health may share aggregate data with
the Department of Commerce.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1206 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. The State Department of Health shall maintain a complaint
process limited to health and safety compliance pursuant to Section
5 of this act.
B. The Oklahoma Department of Commerce shall maintain
administrative procedures related to financial compliance and
funding eligibility.
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C. No provider shall retaliate against an employee, volunteer,
client, or other individual who submits a complaint in good faith.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1207 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Prior to any enforcement action pursuant to this section,
the State Department of Health shall provide written notice and a
reasonable opportunity to cure, as defined by rule, except in cases
of an imminent threat to life or safety.
B. If a condition presents an imminent threat to life or
safety, the State Department of Health may take immediate action
consistent with its statutory authority and shall notify the
Oklahoma Department of Commerce.
C. If a provider fails to cure a material health or safety
deficiency, the State Department of Health shall formally notify the
Oklahoma Department of Commerce.
D. Upon receipt of such notification, or upon independent
determination of financial noncompliance, the Oklahoma Department of
Commerce may:
1. Suspend, withhold, or declare ineligible the provider's
receipt of state-administered funds and state-administered federal
funds; and
2. Issue formal written recommendations to both the board of
county commissioners and the governing body of the municipality in
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which the provider operates that the provider be restricted or
terminated from continuing to provide services.
E. Enforcement actions are administrative in nature.
F. Providers are entitled to appeal enforcement actions
pursuant to the Oklahoma Administrative Procedures Act.
G. Nothing in this act creates a private right of action.
H. Neither the State Department of Health nor the Oklahoma
Department of Commerce shall have authority to revoke or suspend
local permits, zoning approvals, or certificates of occupancy.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1208 of Title 63, unless there
is created a duplication in numbering, reads as follows:
Nothing in this act supersedes or preempts local zoning, land
use, building, fire, health, or permitting authority, nor requires a
political subdivision to approve or site a homeless facility. Local
governments may adopt and enforce standards more stringent than
those established pursuant to this act.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1209 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created the Oklahoma Homeless Shelter
Standards Advisory Board.
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B. The Board shall be advisory only and shall consist of nine
(9) voting members. Recommendations shall not have the force of law
unless enacted by the Legislature.
C. The Commissioner of Health shall serve as chair and shall
vote only in the event of a tie.
D. Membership of the board shall consist of:
1. One member appointed by the Governor;
2. One member appointed by the Speaker of the Oklahoma House of
Representatives;
3. One member appointed by the President Pro Tempore of the
Oklahoma State Senate;
4. One county commissioner appointed by the Oklahoma
Association of County Commissioners;
5. One municipal representative appointed by the Oklahoma
Municipal League, preferably from a municipality with demonstrated
experience administering homeless shelter services;
6. One representative of a homeless services provider appointed
by the Governor;
7. One public health professional appointed by the Speaker of
the House;
8. One representative of law enforcement or emergency medical
services appointed by the President Pro Tempore of the Senate; and
9. One additional member appointed jointly by the Speaker of
the House and the President Pro Tempore of the Senate, preferably
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from a rural community with demonstrated experience administering
homeless shelter services.
E. The Board shall:
1. Advise the State Department of Health regarding health and
safety rule development;
2. Advise the Oklahoma Department of Commerce regarding
financial reporting alignment;
3. Submit annual recommendations to the Legislature;
4. Obtain feedback from programs that this act applies to in
the development of standards and policies to ensure reasonableness
and feasibility; and
5. Assist in the development of resources that help guide
municipalities in the development of new shelters and support
existing providers in response to challenges and opportunities.
F. The Board may, by majority vote, call upon up to five (5)
at-large, non-voting subject matter experts for consultation. Such
individuals shall serve in an advisory capacity only and shall not
possess voting authority.
G. Members shall serve without compensation.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1210 of Title 63, unless there
is created a duplication in numbering, reads as follows:
The Oklahoma Homeless Shelter Standards Advisory Board shall
cease to exist five (5) years from the effective date of this act.
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SECTION 13. This act shall become effective November 1, 2026.
Passed the House of Representatives the 25th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2026.
Presiding Officer of the Senate