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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
SENATE BILL 1236 By: Allen of the Senate
and
Steagall of the House
COMMITTEE SUBSTITUTE
An Act relating to public health; directing the
Oklahoma State University Medical Authority to
provide financial support for certain research;
authorizing certain contracts; requiring use of
certain methodology; imposing certain financial
limitations on expenditures; authorizing certain
partnerships for specified purpose; amending 63 O.S.
2021, Section 3276, which relates to powers and
duties of the Oklahoma State University Medical
Authority; adding certain power and d uty; updating
statutory language; updating statutory reference s;
providing for codification; providing an effective
date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-291.11 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The Oklahoma State University Medical Authority shall
provide financial support for research into hyperbari c oxygen
treatment for traumatic brain injury. The Authority may contract
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with one or more public or private entities including but not
limited to Oklahoma State University to implement the provisio ns of
this section.
B. The research receiving financial sup port shall be conducted
using methodologies including but not limited to double-blind
studies.
C. The Authority shall not spend more than Five Million Dollars
($5,000,000.00) on the research describe d in subsection A of this
section, of which not more than Two Million Dollars ( $2,000,000.00)
shall be state funds . The Authority may partner with one or more
public or private entities to raise the nonstate funds necessary to
conduct the research described in subsection A of this section.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 3276, is
amended to read as follows:
Section 3276. A. On and after July 1, 2006, the Oklahoma State
University Medical Authority shall have the power and duty to:
1. Adopt bylaws and promulgate rules for the regulation of its
affairs and the conduct of its business;
2. Adopt an official seal;
3. Maintain an office at a location to b e determined by the
Authority;
4. Sue and be sued, subject to the provisions of The
Governmental Tort Claims Act;
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5. Enter into cooperative agre ements with the Board of Regents
for the Oklahoma Agricultural and Mechanical Colleges for
educational programs, professional staffing, research and other
medical activities;
6. Make and enter into all contracts necessary or incidental to
the performance of its duties and the execution of its powers
pursuant to the Oklahoma State University Medical Authority Act;
7. Purchase or lease equipment, furniture, materials and
supplies, and incur such other expenses as may be necessary to
maintain and operate hos pitals or clinics, or to discharge its
duties and responsibilities or to make any of its powers effective;
8. Acquire by purchase, lease, gift, or by any other manner,
and to maintain, use and operate or to contract for the maintenance,
use and operation of or lease of any and all property of any ki nd,
real, personal, or mixed or any interest therein unless other wise
provided by the Oklahoma State University Medical Authority Act;
9. Appoint such officers, agents and employees , including but
not limited to attorneys, as it deems necessary and to pre scribe
their duties and to fix their compensation;
10. Accept grants from the United States of America, or from
any corporation or agency created or designed by the United States
of America, and, in connection with any grant, to enter into such
agreements as the United States of America or such corporation or
agency may require;
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11. Make and issue bonds and to pledge revenues of the
Authority subject to the Oklahoma Bond Oversight and Reform Act.
Nothing in the Oklahoma State University Medical Authority Act shall
authorize the issuance of any bonds of the Authority p ayable other
than from revenues of the Authority. Funds appropriated to the
Authority shall not be used for issuance of bonds. Authority
revenue bonds issued under the provisions of this act Section 3271
et seq. of this title shall not at any time be dee med to constitute
a debt of the state or of any political subdivision thereof or a
pledge of the faith and credit of the state or of any political
subdivision, but such bonds shall b e payable solely from the funds
herein provided. Such revenue bonds shall contain on the face
thereof a statement to the effect that neither the state nor the
Authority shall be obligated to pay the same or the interest thereon
except from the revenues of the project or projects for which they
are issued and that neither the fa ith and credit nor the taxing
power of the state or any political subdivision thereof is pledged,
or may hereafter be pledged, to the payment of the principal of or
the interest on such bonds. The maximum amount of outstanding bonds
at any time shall not exceed Fifty Million Dollars ($50,000,000.00)
unless a greater amount is expressly approved by the Legislature by
a concurrent resolution adopted prior to commencing any action in
anticipation of issuance of revenue bonds of the Oklahoma State
University Medical Authority for the greater amount;
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12. Provide for complete financial audits on all accounts of
the Oklahoma State University Medical Authority and to authorize
periodic audits by an independent external auditing agency. Such
audits shall be perfor med annually in a format approved by the State
Auditor and Inspector, and all such audits shall be submitted to the
State Auditor and Inspector for review. Such audits shall be made
in accordance with generally accepted auditing standards and
government auditing standards. Financial statements shall be
prepared in accordance with generally accepted accounting
principles. In addition to said such audits, whenever the State
Auditor and Inspector deems it appropriate, and at least once each
five (5) years, or up on receipt of a request to do so from the
Governor, the Attorney General, the President Pro Tempore of the
Senate, the Speaker of the House of Representatives or the
Authority, the State Auditor and Inspector shall conduct a special
audit of the Authority;
13. Engage in long-term planning for the operation and
management of the Authority;
14. Establish petty cash funds and provide for appropriate
accounting procedures and controls;
15. Contract with national manufacturers and distributors of
drugs and medical supplies when appropriate to carry out the
purposes of this act Section 3271 et seq. of this title ;
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16. Do all other things necessary and proper to implement the
provisions of the Oklahoma State University Medic al Authority Act;
17. Waive, by such means as the Authority deems appropriate,
the exemption from federal income taxation of interest on the
Authority’s bonds provided by the Internal Revenue Code of 1986, as
amended, or any other federal statute providin g a similar exemption;
18. Arrange for guaranties or insurance of its bonds by the
federal government or by any private insurer, and to pay any
premiums therefor; and
19. Make a declaration of necessity as provided in Sect ion 3273
of this title. The Aut hority may, in its exclusive judgment, make a
declaration of necessity when such a declaration is deemed necessary
to effectuate the purposes of the Oklahoma State University Medical
Authority Act; and
20. Make and enter in to contracts to provide financia l support
for research into hyperbaric oxygen treatment for traumatic brain
injury as described in Section 1 of this act.
B. The Oklahoma State University Medical Authority shall be
subject to the Oklahoma Budget Law of 194 7.
C. The Authority shall prepa re monthly a “budget vs. actual”
report which shows by budget activity the monthly and year -to-date
revenues and expenditures compared to budgeted revenues and
expenditures. Such report shall b e submitted to the Office of
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Management and Enterprise Service s and to the Directors of the House
of Representatives Fiscal Division and the Senate Fiscal Division.
D. The Authority shall be subject to the professional risk
management program provided for in Section 85.58A of Title 74 of the
Oklahoma Statutes.
SECTION 3. This act shall become effective July 1, 2022.
SECTION 4. 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 take effect and
be in full force from and after its passage and appr oval.
58-2-3613 DC 2/28/2022 3:03:52 PM