Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB708 Compare Versions

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3		-	ENGR. S. B. NO. 708 Page 1 1
	3	+	SENATE FLOOR VERSION - SB708 SFLR Page 1
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28		-	~~ENGROSSED~~ SENATE
29		-	~~BILL NO.~~ ~~708 By: Daniels of the Senate~~
	29	+	SENATE FLOOR VERSION
	30	+	February 18, 2021
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31		-	and
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33		-	Boatman and Phillips of the
34		-	House
	33	+	SENATE BILL NO. 708 By: Leewright
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40		-	An Act relating to charitable organizations; defining
41		-	term; providing exceptions; requiring notice from
42		-	charitable organization to Attorney General prior to
43		-	certain actions; requiring Attorney General to
44		-	consider certain factors when reviewing notice;
45		-	authorizing Attorney General to bring action to
46		-	enjoin transfer of assets upon certain determination;
47		-	requiring certain action to be brought with in
48		-	specified time period; authorizin g charitable
49		-	organization to proceed with certain asset transfer
50		-	after specified time period; providing for
51		-	codification; and providing an e ffective date.
	39	+	An Act relating to telecommunications; imp osing
	40	+	maximum charges with respect to cer tain connections
	41	+	to utility poles; prescribing method for
	42	+	determination of permissib le rate increases;
	43	+	excluding rates related to electric power; providing
	44	+	for payment of rates for electric services; stating
	45	+	requirement of certain contract with cooperative ;
	46	+	requiring payment by rural electric cooperatives for
	47	+	certain relocations; providing for codification; and
	48	+	providing an effective date .
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56	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57	54		SECTION 1. NEW LAW A new sect ion of law to be codified
58		-	in the Oklahoma Statutes as Section 869 of Title 18, unless there is
59		-	created a duplication in numbering, reads as follows:
60		-	A. For purposes of this section, "charitable organization"
61		-	shall have the meaning as defined in paragraph 2 of Section 552.2 of
62		-	Title 18 of the Oklahoma Statutes and shall be an organization that
63		-	is incorporated or organized in this state, has its principal place
64		-	of business in this state, or has assets located in this state with
65		-	a fair market value that exceeds Fifty Thousand Dollars
	55	+	in the Oklahoma Statutes as Section 437.35 of Title 18, un less there
	56	+	is created a duplication in num bering, reads as follows:
	57	+	A. The rates charged by a rural electric cooperative for
	58	+	attachments to utility poles by communications services providers
	59	+	shall not exceed Twenty-one Dollars ($21.00) per rural-electric-
	60	+	cooperative-owned pole per year. This rate may be adjusted by ten
	61	+	percent (10%) every five (5) years rounded to the nearest dollar .
	62	+	B. The rates provided in this section do not include any
	63	+	applicable charges for electric power. A communications services
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67		-	ENGR. S. B. NO. 708 Page 2 1
	65	+	SENATE FLOOR VERSION - SB708 SFLR Page 2
	66	+	(Bold face denotes Committee Amendments) 1
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92		-	($50,000.00). Charitable organization shall not include a churc h,
93		-	hospital, religious corporation or society or affiliate thereof.
94		-	B. A charitable organization shall give written notice to the
95		-	Attorney General at least sixty (60) days prior to any charter
96		-	revocation, dissolut ion or other action, voluntary or involuntary ,
97		-	that would result in the transfer of any assets or any interest in
98		-	or on such assets of the charitable organization with a fair market
99		-	value that exceeds Fifty Thousand Dollars ($50,000.00) to any other
100		-	person or entity including any parent, subsidiary, or affiliate
101		-	organization of the charitable organization.
102		-	C. When reviewing a written notice received from a charitable
103		-	organization pursuant to subsection B of this section, the Attorney
104		-	General shall consider among other relevant factors as determined by
105		-	the Attorney General :
106		-	1. The amount and value of the assets or interests to be
107		-	transferred;
108		-	2. The person or entity to which such transfer would be made;
109		-	3. The purpose of the transfer ;
110		-	4. The source of the assets including whether the assets
111		-	consist of donated funds or propert y;
112		-	5. The intent of donors, to the extent such intent can be
113		-	determined;
114		-	6. The purpose and activities of the charitable organization;
115		-	and
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142		-	7. Any expression of support or lack of support by the
143		-	governing board and members of the charitable organization .
144		-	D. If the Attorney General determines that a transfer of assets
145		-	or interests of a charitable organization is inconsistent with the
146		-	public interest, the intent of donors, or the purpose for which the
147		-	charitable organization was organized or operated , the Attorney
148		-	General may bring an action to enjoin the transfer of assets or
149		-	interests or seek other relief as may be necessary to protect the
150		-	assets of the charitable organization. Any such action shall be
151		-	brought within sixty (60) days after receipt of noti ce of the
152		-	transfer of assets or interest as required by subsection B of this
153		-	section. If the Attorney General takes no action to enjoin the
154		-	transfer of assets or interest within sixty (60) days of receipt of
155		-	the notice, the charitable organization may pro ceed with the
156		-	transfer of assets or interests as set forth in the notice as
157		-	required by subsection B of this section.
158		-	SECTION 2. This act shall become effective November 1, 2022.
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185		-	Passed the Senate the 21st day of March, 2022.
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189		-	Presiding Officer of the Senate
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192		-	Passed the House of Representatives the ____ day of ___ _______,
193		-	2022.
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197		-	Presiding Officer of the House
198		-	of Representatives
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	91	+	provider must pay separately for such services and such services
	92	+	shall be at market rate.
	93	+	C. The monetary cap provided in this secti on does not eliminate
	94	+	the requirement of pole attachers to contract with the cooperative
	95	+	on terms and conditions of the at tachments.
	96	+	D. Any rural electric cooperative that attaches to a pole that
	97	+	results in the relocation of a c ommunications services prov ider’s
	98	+	existing attachment; provided, that such attachment was previously
	99	+	in compliance with all agreed upon safety and co ntractual standards,
	100	+	shall pay for the cost of the relocation of the communications
	101	+	services provider’s attachment including pole replacement if
	102	+	necessary.
	103	+	SECTION 2. This act shall become effective November 1, 202 1.
	104	+	COMMITTEE REPORT BY: C OMMITTEE ON ENERGY
	105	+	February 18, 2021 - DO PASS