OK
Oklahoma Senate Bill SB1005

Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB1005 Compare Versions

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3-SB1005 HFLR Page 1
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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
30-
31-STATE OF OKLAHOMA
32-
33-1st Session of the 59th Legislature (2023)
34-
3528 ENGROSSED SENATE
36-BILL NO. 1005 By: Kidd, Bullard, and Stephens
37-of the Senate
29+BILL NO. 1005 By: Kidd and Bullard of the
30+Senate
3831
3932 and
4033
4134 Wallace of the House
4235
4336
4437
4538 [ animal health and public hea lth - Oklahoma State
4639 University Veterinary Medicine Authority Act -
47-purposes - veterinary hospitals - authority -
48-members - report - funds - bonds - fund - audit -
49-benefits - judgment - notice - property - agreement
50-- codification -
40+purposes - veterinary hospitals - authority - members
41+- report - funds - bonds - fund - audit - benefits -
42+judgment - notice - property - agreement -
43+codification -
5144 emergency ]
52-
5345
5446
5547
5648 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5749 SECTION 1. NEW LAW A new section o f law to be codified
5850 in the Oklahoma Statutes as Section 3040 of Title 2, unless there is
5951 created a duplication in nu mbering, reads as follows:
6052 This act shall be known and may be cited as the “Oklahoma State
6153 University Veterinary Medicine Authority Act ”.
54+SECTION 2. NEW LAW A new section of law to be codified
55+in the Oklahoma Statutes as Section 3041 of Title 2, unless there is
56+created a duplication in numbering, reads as follows:
57+As used in the Oklahoma State University Veterinary M edicine
58+Authority Act:
59+1. “Veterinary medicine programs” means educational programs
60+meeting the guidelines of the A merican Veterinary Medical
61+Association (AVMA) Council on Education (COE ) offered through or as
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89-SECTION 2. NEW LAW A new section of law to be codified
90-in the Oklahoma Statutes as Section 3041 of Title 2, unless there is
91-created a duplication in numbering, reads as follows:
92-As used in the Oklahoma State University Veterinary M edicine
93-Authority Act:
94-1. “Veterinary medicine programs” means educational programs
95-meeting the guidelines of the A merican Veterinary Medical
96-Association (AVMA) Council on Education (COE ) offered through or as
9788 an extension of Oklahoma State University and /or the Oklahoma State
9889 University College of Veterinary Medicine in cooperation with an
9990 animal teaching hospital , animal diagnostic testing center , clinic,
10091 or other animal healthcare provider;
10192 2. “Animal teaching hospital” means a hospital designated for
10293 the training and preparation of veterinarians affiliated with or a
10394 component of a veterinary training program affili ated with the
10495 Oklahoma State University College of Veterinary Medicine;
10596 3. “Animal patient” means a large or small animal patient
10697 receiving care from an Oklahoma State University veterinary medicine
10798 trainee, intern, resident , or full or part-time veterinary medicine
10899 trainer;
109100 4. “Declaration of necessity ” means an official action of the
110101 Oklahoma State University V eterinary Medicine Authority to fulfill
111102 the terms of an Academic Affiliation, statutory provisions , or other
112103 agreement, to provide facilities, fi nancing, or any other general
104+support to enhance the stability, quality , or otherwise further the
105+veterinary medicine education programs of the Oklahoma State
106+University College of Veterinary Medicine , or to provide for the
107+safety of the public related to animal disease and testing; and
108+5. “Academic Affiliation Agreement” means an agreement between
109+the Oklahoma State University College of Vet erinary Medicine and an
110+entity providing facilities, equipment , and support for the
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140-support to enhance the stability, quality , or otherwise further the
141-veterinary medicine education programs of the Oklahoma State
142-University College of Veterinary Medicine , or to provide for the
143-safety of the public related to animal disease and testing; and
144-5. “Academic Affiliation Agreement” means an agreement between
145-the Oklahoma State University College of Vet erinary Medicine and an
146-entity providing facilities, equipment , and support for the
147137 veterinary medicine education pr ograms of the Oklahoma State
148138 University College of Veterinary Medicine.
149139 SECTION 3. NEW LAW A new section of law to be codified
150140 in the Oklahoma Statutes as Section 3042 of Title 2, unless there is
151141 created a duplication in numberin g, reads as follows:
152142 A. The purposes of the Oklahoma State University Veterinary
153143 Medicine Authority Act are to :
154144 1. Provide for an effective and efficient administration;
155145 2. Ensure a dependable source of funding ; and
156146 3. Effectuate the mission and purpos es of the Oklahoma State
157147 University Veterinary Medicine Authority.
158148 B. The mission and purposes of the Oklahoma State University
159149 Veterinary Medicine Authority are to:
160150 1. Support and, upon a declaration of necessity , serve as
161151 teaching and training faciliti es for students enrolled at the
162152 Oklahoma State University College of Veterinary Medicine ;
153+2. Acquire and provide a site for conducting veter inary medical
154+and biomedical research by faculty members of Oklahoma State
155+University;
156+3. Facilitate and, upon a declaration of necessity, provide
157+care for the animal patients of Oklahoma State University College of
158+Veterinary Medicine veterinarian traine rs; and
159+4. Provide support for the safety of the public related to
160+animal disease and testing. The Oklahoma State University
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190-2. Acquire and provide a site for conducting veter inary medical
191-and biomedical research by faculty members of Oklahoma State
192-University;
193-3. Facilitate and, upon a declaration of necessity, provide
194-care for the animal patients of Oklahoma State University College of
195-Veterinary Medicine veterinarian traine rs; and
196-4. Provide support for the safety of the public related to
197-animal disease and testing. The Oklahoma State University
198187 Veterinary Medicine Authority shall maintain a close affiliation
199188 with the Oklahoma State University College of Veterinar y Medicine
200189 and shall coordinate their operations and act ivities in a
201190 cooperative manner.
202191 C. The Legislature finds that the needs of the citizens of this
203192 state and the needs of the Oklahoma State University College of
204193 Veterinary Medicine will be best serve d by an Authority charged with
205194 the mission of supporting the veterinary medicine education programs
206195 of the Oklahoma State University College of Veterinary Medicine,
207196 entering into Academic Affiliation Agreements in support of Oklahoma
208197 State University veter inarian training programs, operating or
209198 leasing the operations of the teaching hospital or hospitals for the
210199 benefit of the Oklahoma State University College of Veterinary
211200 Medicine, and providing care for the animal patients of Oklahoma
212201 State University vet erinarian trainers.
202+D. The Board of Regents for the Ok lahoma Agricultural and
203+Mechanical Colleges shall retain full power to govern the personnel,
204+curriculum, and facilities of the Oklahoma State University College
205+of Veterinary Medicine.
206+SECTION 4. NEW LAW A new section of law to be codified
207+in the Oklahoma Statutes as Sectio n 3043 of Title 2, unless there is
208+created a duplication in numbering, reads as follows:
209+A. Any hospital or clinics purchased, leased , or constructed by
210+the Oklahoma State University Veterinary Medicine Authority shall be
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240-D. The Board of Regents for the Ok lahoma Agricultural and
241-Mechanical Colleges shall retain full power to govern the personnel,
242-curriculum, and facilities of the Oklahoma State University College
243-of Veterinary Medicine.
244-SECTION 4. NEW LAW A new section of law to be codified
245-in the Oklahoma Statutes as Sectio n 3043 of Title 2, unless there is
246-created a duplication in numbe ring, reads as follows:
247-A. Any hospital or clinics purchased, leased , or constructed by
248-the Oklahoma State University Veterinary Medicine Authority shall be
249237 operated as animal hospitals or c linics and shall be li censed and/or
250238 accredited by the appropriate entities. Provided, the Secretary of
251239 Agriculture may waive any such s tandards, requirements , and
252240 essentials as the Secretary deems necessary .
253241 B. Any such hospitals or clinics may pro vide services and
254242 receive payments from animal healthcare insurance companies and any
255243 state or federal reimbursement programs.
256244 C. Any such hospitals or clinics shall be a vailable as teaching
257245 and training faciliti es for the Oklahoma State University Colleg e of
258246 Veterinary Medicine, for other animal patient and educational
259247 facilities, and may also provide animal patient care for research
260248 purposes.
261249 SECTION 5. NEW LAW A new section of law to be codified
262250 in the Oklahoma Statutes as Sect ion 3044 of Title 2, unless there is
263251 created a duplication in numbering, reads as follows:
252+A. There is hereby created the Oklahoma State Univ ersity
253+Veterinary Medicine Au thority, an agency of the State of Oklahoma, a
254+body corporate and politic, with power s of government and with the
255+authority to exercise the rights, privileges , and functions as
256+specified in the Oklahoma State University Veterin ary Medicine
257+Authority Act. The Oklahoma State University Veterinary Medicine
258+Authority is covered by The Governmental Tort Claims Act.
259+B. The Authority shall consist of eight (8) members as follows:
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291-A. There is hereby created the Oklahoma State Univ ersity
292-Veterinary Medicine Au thority, an agency of the State of Oklahoma, a
293-body corporate and politic, with power s of government and with the
294-authority to exercise the rights, privileg es, and functions as
295-specified in the Oklahoma State University Veterin ary Medicine
296-Authority Act. The Oklahoma State University Veterinary Medicine
297-Authority is covered by The Governmental Tort Claims Act.
298-B. The Authority shall consist of eight (8) mem bers as follows:
299286 1. One member shall be appointed by the Governor, wit h the
300287 advice and consent of t he Senate;
301288 2. One member shall be appointed by the President Pro Tempore
302289 of the Senate;
303290 3. One member shall be appointed by the Speaker of the House of
304291 Representatives;
305292 4. One member shall be the Dean of the Oklahoma State
306293 University College of Veterina ry Medicine;
307294 5. One member shall be appointed from the veterinarian
308295 community by the President of Oklahoma State University;
309296 6. One member shall be a member of the Board of Regents for the
310297 Oklahoma Agricultural and Mechanical Colleges;
311298 7. One member shall be appointed by the chair of the Board of
312299 Regents for the Oklah oma Agricultural and Mechanical Colleges; and
313300 8. One ex-officio, non-voting member shall be the Chief
314301 Executive Officer of the Oklahoma State Univer sity Veterinary
302+Medicine Authority who shall be appointed by the President of
303+Oklahoma State University.
304+C. All appointed members shall be appointed by August 1, 2023.
305+Of the members of the Authority initially appointed, the member
306+appointed by the Presid ent Pro Tempore of the Senate shall serve a
307+term of three (3) years; the member a ppointed by the Speaker o f the
308+House of Representatives shall serve a term of two (2) years; and
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342-Medicine Authority who shall be appointed by the President of
343-Oklahoma State University.
344-C. All appointed members shall be appointed by August 1, 2023.
345-Of the members of the Autho rity initially appointed, the member
346-appointed by the Presid ent Pro Tempore of the Senate shall serve a
347-term of three (3) years; the member a ppointed by the Speaker o f the
348-House of Representatives shall serve a term of two (2) years; and
349335 the member appointed by the Governor shall serve a term of one (1)
350336 year. Successors shall be appointed for terms of three (3) years.
351337 D. Each member of the Au thority, prior to appoint ment, shall be
352338 a resident of the state and a qualifi ed elector. Each member of the
353339 Authority shall possess dual office holding exemption privileges a nd
354340 shall be exempt from any statutory dual office holding prohibitions.
355341 E. Members shall be removable onl y for cause by the appointing
356342 authority. Any vacanc y occurring in the Authority shall be filled
357343 by the original appointing authority.
358344 F. The members of the Authority shall serve without
359345 compensation but may be reimbursed for all actual and necessary
360346 travel expenses incurred in the performance of their dut ies in
361347 accordance with the provisions of the State Travel Reimbursement Act
362348 pursuant to Chapter 17 of Title 74 of the Oklahoma Statutes.
363349 G. All members of the Authority and admin istrative personnel of
364350 the Authority shall be subject to the provisions of th e Oklahoma
351+Ethics Commission Rules, Chapter 62 Appendix of Title 74 of the
352+Oklahoma Statutes.
353+H. A quorum of the Authority shall be four voting members. The
354+Authority shall elect a chair and vice chair from among its members.
355+I. The Authority shall be e xempt from the Oklahoma Central
356+Purchasing Act but shall be subject to the purchasing policies of
357+Oklahoma State University and shall be subject to the Oklahoma Open
358+Meeting Act and the Oklahoma Open Records Act, except as otherwise
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392-Ethics Commission Rules, Ch apter 62 Appendix of Title 74 of the
393-Oklahoma Statutes.
394-H. A quorum of the Authority shall be four voting members. The
395-Authority shall elect a chair and vice chair from among its members.
396-I. The Authority shall be e xempt from the Oklahoma Central
397-Purchasing Act but shall be subject to the purchasing policies of
398-Oklahoma State University and shall be subject to the Oklahoma Open
399-Meeting Act and the Oklahoma Open Records Act, except as otherwise
400385 provided by this act. Any information submitted to or compiled by
401386 the Authority except for budgetary information related to
402387 appropriations or the appropriations process with respect to the
403388 marketing plans, financial statements, trade secrets, research
404389 concepts, methods or produ cts, or any other proprietary information
405390 of the Authority, persons, firms, associations, partnerships,
406391 agencies, corporations, institutions of higher education, nonprofit
407392 research institutions or other entities shall be confidential,
408393 except to the extent that the person or entity which provided the
409394 information or which is the subject of the information consents to
410395 disclosure. Executive sessions may be held to discuss such
411396 materials if deemed necessary by the Authority.
412397 SECTION 6. NEW LAW A new section of law to be codified
413398 in the Oklahoma Statutes as Section 3045 of Title 2, unless there is
414399 created a duplication in numbering, reads as follows:
400+A. On and after July 1, 2022, the Authority shall have the
401+power and duty to:
402+1. Adopt bylaws and promulgate rules for the regulation of its
403+affairs and the conduct of its business;
404+2. Adopt an official seal;
405+3. Maintain an office at a location to be determined by the
406+Authority;
407+4. Sue and be sued, subject to the provisions of The
408+Governmental Tort Claims Act;
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442-A. On and after July 1, 2022, the Authority shall have the
443-power and duty to:
444-1. Adopt bylaws and promulgate rules for the r egulation of its
445-affairs and the conduct of its business;
446-2. Adopt an official seal;
447-3. Maintain an office at a location to be determined by the
448-Authority;
449-4. Sue and be sued, subject to the provisions of The
450-Governmental Tort Claims Act;
451435 5. Enter into cooperative agreements with the Board of Regents
452436 for the Oklahoma Agri cultural and Mechanical Co lleges and other
453437 Oklahoma State University agencies, authorities, trusts, or entities
454438 for educational programs, professio nal staffing, research , and other
455439 medical activities;
456440 6. Make and enter into all contracts necessary or inci dental to
457441 the performance of its duties and the execution of its powers
458442 pursuant to the Oklahoma State University Veteri nary Medicine
459443 Authority Act;
460444 7. Purchase or lease equipment, furniture, materials , and
461445 supplies, and incur such other expenses as may b e necessary to
462446 maintain and operate veterinary hospitals and clinics, to discharge
463447 its duties and responsibilities, or to make any of its powers
464448 effective;
449+8. Acquire by purchase, lease, gift, or by any other manner,
450+and to maintain, use , and operate or to contract for the
451+maintenance, use, and operation of or lease of any and all property
452+of any kind, real, personal, or mixed or any interest therei n unless
453+otherwise provided by the Oklahoma State University Veterinary
454+Medicine Authority Act;
455+9. Appoint such officers, agents , and employees, including but
456+not limited to attorneys, as it deems neces sary and to prescribe
457+their duties and to fix their c ompensation;
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492-8. Acquire by purchase, leas e, gift, or by any other manner,
493-and to maintain, use , and operate or to contract for the
494-maintenance, use, and operation of or lease of any and all property
495-of any kind, real, personal, or mixed or any interest therei n unless
496-otherwise provided by the Oklahoma State University Veterinary
497-Medicine Authority Act;
498-9. Appoint such officers, agents , and employees, including but
499-not limited to attorneys, as it deems neces sary and to prescribe
500-their duties and to fix their c ompensation;
501484 10. Accept grants from the United States of America, or from
502485 any corporation or agency created or designed by the Unite d States
503486 of America, and in connection with any grant, to enter into s uch
504487 agreements as the United States of America or any corporation or
505488 agency may require;
506489 11. Make and issue bonds and to pledge revenues of the
507490 Authority subject to the Oklahoma Bond Ov ersight and Reform Act.
508491 Nothing in the Oklahoma State University Vete rinary Medicine
509492 Authority Act shall authorize the iss uance of any bonds of the
510493 Authority payable other than from revenues of the Authority.
511494 Authority revenue bon ds issued under the prov isions of this act
512495 shall not at any time b e deemed to constitute a deb t of the state or
513496 of any political subdivision thereo f or a pledge of the faith and
514497 credit of the state or of any political subdivision, but such bonds
515498 shall be payable solely from the f unds herein provided. Such
499+revenue bonds shall contain on the face th ereof a statement to the
500+effect that neither the stat e nor the Authority shall be obligated
501+to pay the same or the interest thereon except from the revenues of
502+the project or projects fo r which they are issued and that neither
503+the faith and credit nor the taxing power of the state or any
504+political subdivisio n thereof is pledged, or may hereafter be
505+pledged, to the payment of the principal of or the interest on such
506+bonds. The maximum amount of outstanding bonds at any time shall
507+not exceed Fifty Million Do llars ($50,000,000.00) unless a greater
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543-revenue bonds shall contain on the face th ereof a statement to the
544-effect that neither the stat e nor the Authority shall be obligated
545-to pay the same or the interest thereon except from the revenues of
546-the project or projects fo r which they are issued and that neither
547-the faith and credit nor the taxing power of the state or any
548-political subdivisio n thereof is pledged, or may hereafter be
549-pledged, to the payment of the principal of or the interest on such
550-bonds. The maximum amount of outstanding bonds at any time shall
551-not exceed Fifty Million Do llars ($50,000,000.00) unless a greater
552534 amount is expressly approved by the Legislature by a concurrent
553535 resolution adopted prior to commencing any action in antic ipation of
554536 issuance of revenue bonds of the Oklahoma State University
555537 Veterinary Medicine Auth ority for the greater amount;
556538 12. Provide for comple te financial audits on all accounts of
557539 the Oklahoma State University Veterinary Medicine Authority and to
558540 authorize periodic audits b y an independent external auditing
559541 agency. Such audits shall be perfo rmed annually in a format
560542 approved by the State Audit or and Inspector, and all such audits
561543 shall be submitted to the State Auditor and Inspector for review.
562544 Such audits shall be made in accordance with generally accepted
563545 auditing standards and government auditing standards. Financial
564546 statements shall be pr epared in accordance with generally accepted
565547 accounting principles;
548+13. Engage in long-term planning for the operation and
549+management of the Authority;
550+14. Establish petty cash funds and provide for ap propriate
551+accounting procedures and controls;
552+15. Contract with national manufacturers and distributors of
553+drugs and medical supplies when appropriate to carry o ut the
554+purposes of this act;
555+16. Do all other things necessary and proper to implement the
556+provisions of the Oklahoma State University Veterinary Medicine
557+Authority Act;
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593-13. Engage in long-term planning for the operation and
594-management of the Authority;
595-14. Establish petty cash funds and provide for ap propriate
596-accounting procedures and controls;
597-15. Contract with national manufacturers and distributors of
598-drugs and medical supplies when appropriate to carry o ut the
599-purposes of this act;
600-16. Do all other things necessary and proper to implement the
601-provisions of the Oklahoma State University Veterinary Medicine
602-Authority Act;
603584 17. Provide funding to other entities re lated to public health,
604585 teaching, research, and the purposes of th e Oklahoma State
605586 Veterinary Medicine Authority Act when provided funding for such
606587 purposes by the Legislature;
607588 18. Waive, by such means as the Authority deems appropriate,
608589 the exemption from federal income taxation of interest on the
609590 Authority’s bonds provided by the Internal Revenue Code of 1986, as
610591 amended, or any other fed eral statute providing a similar exemption;
611592 19. Arrange for guaranties or insurance of its bonds by the
612593 federal government or by any private insurer, and to pay any
613594 premiums therefor; a nd
614595 20. Make a declaration of necessity as provided in Section 3 of
615596 this act. The Authority may, in its exclusive judgment , make a
616597 declaration of necessity when such a declaration is d eemed necessary
598+to effectuate the purposes of t he Oklahoma State Univer sity
599+Veterinary Medicine Authority Act.
600+B. The Oklahoma State Univers ity Veterinary Medicine Authority
601+shall be subject to the Oklahoma State Finance Act.
602+C. The Authority shall pr epare a “budget vs. actual” report on
603+a monthly basis which shows by budge t activity the monthly and year-
604+to-date revenues and expenditures comp ared to budgeted revenues and
605+expenditures. Such report shall be submitted to the Office of
606+Management and Enterprise Serv ices and to the Directors of the House
607+of Representatives Fiscal Div ision and the Senate Fiscal Division.
617608
618-SB1005 HFLR Page 13
619-BOLD FACE denotes Committee Amendments. 1
609+ENGR. S. B. NO. 1005 Page 13 1
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644-to effectuate the purposes of t he Oklahoma State Univer sity
645-Veterinary Medicine Authority Act.
646-B. The Oklahoma State Univers ity Veterinary Medicine Authority
647-shall be subject to the Oklahoma State Finance Act.
648-C. The Authority shall pr epare a “budget vs. actual” report on
649-a monthly basis which shows by budge t activity the monthly and year-
650-to-date revenues and expenditures comp ared to budgeted revenues and
651-expenditures. Such report shall be submitted to the Office o f
652-Management and Enterprise Serv ices and to the Directors of the House
653-of Representatives Fiscal Div ision and the Senate Fiscal Division.
654634 D. The Authority shall be subject to the professional risk
655635 management program provided for in Section 85.58A of Title 74 of the
656636 Oklahoma Statutes.
657637 SECTION 7. NEW LAW A new section of law to b e codified
658638 in the Oklahoma Statutes as Section 3046 of Title 2, unless there is
659639 created a duplication in numbering, re ads as follows:
660640 All agreements and obligations undertaken, as permitted under
661641 this section, by the Oklaho ma State University Veterinary Me dicine
662642 Authority shall be for a public purpose. In addition to any other
663643 limitations, conditions, or restrictions provided by law, the
664644 following conditions shall apply to contractual agreements entered
665645 into pursuant to this section:
666646 1. Private and public funds shall be accounted for separately;
667647 and
648+2. The state shall not assume any liability f or private
649+entities.
650+SECTION 8. NEW LAW A new section of law to be codified
651+in the Oklahoma Statutes as Secti on 3047 of Title 2, unless there is
652+created a duplication in numbering, reads as follows:
653+A. The funds deposited in the Oklahoma State University
654+Veterinary Medicine Authority Agency Special Account created in
655+subsection B of this section shall be investe d by the State
656+Treasurer in the manner provided for by law. The return on such
657+investments shall be credited to the accounts of the Authority.
668658
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659+ENGR. S. B. NO. 1005 Page 14 1
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695-2. The state shall not assume any liability f or private
696-entities.
697-SECTION 8. NEW LAW A new section of law to be codified
698-in the Oklahoma Statutes as Secti on 3047 of Title 2, unless there is
699-created a duplication in numbering, reads as follows:
700-A. The funds deposited in the Oklahoma State University
701-Veterinary Medicine Authority Agency Special Account created in
702-subsection B of this section shall be investe d by the State
703-Treasurer in the manner provided for by law. The return on such
704-investments shall be credited to the accounts of the Authority.
705684 B. There is hereby created in the State Treasury an Official
706685 Depository Account for the Oklahoma State Universi ty Veterinary
707686 Medicine Authority, to be designated the “Oklahoma State University
708687 Veterinary Medicine Authority Agency Special Account”. The Official
709688 Depository Account shall con sist of an agency clearing account and
710689 an agency special account. All revenues, except federal
711690 entitlements and state appropriations, generated by the Oklahoma
712691 State University Veterinary Me dicine Authority shall be deposit ed in
713692 these accounts.
714693 C. The Authority shall be subject to blanket bond coverage as
715694 provided in Sections 85. 58Q through 85.58V of Title 74 of the
716695 Oklahoma Statutes, provided the Authority shall be authorized to
717696 purchase increased amounts of fidelity bond coverage for employees
718697 for whom it is deemed necessary by the Authority. When the amount
698+listed in Section 85.58T of Title 74 of the Okla homa Statutes is
699+deemed inadequate, the cost of increased coverage shall be borne by
700+the Authority.
701+SECTION 9. NEW LAW A ne w section of law to be c odified
702+in the Oklahoma Statutes as Section 3048 of Title 2, unless there is
703+created a duplication in numbering, reads as follows:
704+A. Subject to the provisions of paragraph 11 of subsection A of
705+Section 6 of this act, the Oklahom a State University Veterin ary
706+Medicine Authority may provide by resolution, from time to time, for
707+the issuance of revenue bonds for its lawful purposes, in such
719708
720-SB1005 HFLR Page 15
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746-listed in Section 85.58T of Title 74 of the Okla homa Statutes is
747-deemed inadequate, the cost of increased coverage shall be borne by
748-the Authority.
749-SECTION 9. NEW LAW A ne w section of law to be codified
750-in the Oklahoma Statutes as Section 3048 of Title 2, unless there is
751-created a duplication in numbering, reads as follows:
752-A. Subject to the provisions of paragraph 11 of subsection A of
753-Section 6 of this act, the Oklahom a State University Veterinary
754-Medicine Authority may provide by resolution, from time to time, for
755-the issuance of revenue bonds for its lawful purposes, in such
756734 amount or amounts as are necessary, incidental, or convenient to the
757735 exercise of powers, rights , privileges, and functions conferred upon
758736 it by the Oklahoma State University Veterinary Medicine Authority
759737 Act or other law. The principal of and interest on any inde btedness
760738 shall be payable solely from the revenues of the Authority and such
761739 other funds as may be provided by law for such payment. The
762740 Authority may provide for cr edit enhancement as additiona l security
763741 or liquidity for its bonds and enter into such agr eements as may be
764742 necessary or appropriate to provide for the repayment of any funds
765743 advanced by the provider of any such credit enhancement , including
766744 the payment of any fees and expenses incurr ed in connection
767745 therewith. The bonds of each issue shall be ar interest at fixed or
768746 variable rates and shall bear an average interest rate not to exc eed
769747 eleven percent (11%) per annum, shall mature at such time or times
748+not exceeding thirty (30) years fro m their date or dates of issue,
749+as may be determined by the A uthority, and may be made redeemable
750+before maturity at the option of the Authority, at s uch time or
751+times and at such price or prices and pursuant to such terms and
752+conditions as may be fixed by the Authority prior to the issuance of
753+the bonds. The Authority shall determine the form of the bonds and
754+the manner of execution thereof, and shall fix the denominations of
755+the bonds and the place or places of payment of pri ncipal and
756+interest, which may be at any bank and trust company within or
757+without this state. If any officer whose signature or facsimile of
770758
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797-not exceeding thirty (30) years fro m their date or dates of issue,
798-as may be determined by the A uthority, and may be made redeemable
799-before maturity at the option of the Authority, at s uch time or
800-times and at such price or prices and pursuant to such terms and
801-conditions as may be fixed by the Authority prior to the issuance of
802-the bonds. The Authority shall determine the form of the bonds and
803-the manner of execution thereof, and shall fix the denominations of
804-the bonds and the place or places of payment of pri ncipal and
805-interest, which may be at any bank and trust company within or
806-without this state. If any officer whose signature or facsimile of
807784 whose signature appears on any bonds shall cease to be the officer
808785 before the delivery of the bonds, the signature or the facsimile
809786 shall nevertheless be valid and sufficient for all purposes, the
810787 same as if the person had remained in office until such de livery.
811788 All bonds issued pursuant to the provisions of the Oklahoma State
812789 University Veterinary Medicine Authority Act shall have all the
813790 qualities and incidences of negotiable instruments subject to the
814791 laws of this state. The Authority may sell the bonds in such
815792 amounts and in such manner , either at public or private sal e, and
816793 for such price, as it may determine to be in the best interests of
817794 the state. If the bonds are not sold by competitive bid, the sale
818795 must be approved by the State Bond Advisor.
819796 B. All fees and expenses of bond sal es must be approved by the
820797 Council of Bond Oversight . Prior to the preparation of definitive
798+bonds, the Authority, subject to like restrictions, may issue
799+interim receipts or temporary bonds, with or without coupons,
800+exchangeable for definitive bonds which have be en executed and are
801+available for delivery. The Authority may also pr ovide for the
802+replacement of any bonds which have become mutilated or which have
803+been destroyed or lost. Except as otherwise provided in this act,
804+bonds may be issued pursua nt to the provisions of the Oklahoma State
805+University Veterinary Medicine Authorit y Act without obtaining the
806+consent of any department, division, commission, board, bureau, or
807+agency of this state, and without any oth er proceedings or the
821808
822-SB1005 HFLR Page 17
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848-bonds, the Authority, subject to like restrictions, may issue
849-interim receipts or temporary bonds, with or without coupons,
850-exchangeable for definitive bonds which have b een executed and are
851-available for delivery. The Authority may also pr ovide for the
852-replacement of any bonds which have become mutilated or which have
853-been destroyed or lost. Except as otherwise provided in this act,
854-bonds may be issued pursua nt to the provisions of the Oklahoma State
855-University Veterinary Medicine Authorit y Act without obtaining the
856-consent of any department, division, commission, board, bureau, or
857-agency of this state, and without any oth er proceedings or the
858834 occurrence of any other conditions than those proceedings or
859835 conditions that are specifically requ ired by the Oklahoma State
860836 University Veterinary Medicine Authority.
861837 C. The Authority may, by resolution, provide for the issuance
862838 of refunding bonds then outstanding, including the payment of any
863839 redemption premium, any interest accrued to the date of re demption
864840 of such bonds, and for incurring additional indebtedness for its
865841 lawful purposes. The issuance of such bonds shall be governed by
866842 the provisions of the Oklahoma State University Veterinary Medicine
867843 Authority Act.
868844 SECTION 10. NEW LAW A new section of law to be codified
869845 in the Oklahoma Statutes as Sec tion 3049 of Title 2, unless there is
870846 created a duplication in numbering, reads as follows:
847+Before any bond shall be issued and delivered by the Oklahoma
848+State University Veteri nary Medicine Authority, a certified copy of
849+the proceedings for the issuance t hereof, together with any other
850+information which the Attorney General may require as the Bond
851+Commissioner, shall be submitted to the Attorney General. If the
852+Attorney General finds that such bonds have been issued in
853+accordance with law, the Attorney General shall approve such bonds
854+and execute a certificate to that eff ect. The Attorney General
855+shall file such certificates in the office of the State Auditor and
856+Inspector, and the certificates shall be recorded in a record kept
857+for that purpose. All bonds approved by the Attorney General, and
871858
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898-Before any bond shall be issued and delivered by the Oklahoma
899-State University Veteri nary Medicine Authority, a certified copy of
900-the proceedings for the issuance t hereof, together with any other
901-information which the Attorney General may require as the Bond
902-Commissioner, shall be submitted to the Attorney General. If the
903-Attorney General finds that such bonds have been issued in
904-accordance with law, the Attorney General shall approve such bonds
905-and execute a certificate to that eff ect. The Attorney General
906-shall file such certificates in the office of the State Auditor and
907-Inspector, and the certificates shall be recorded in a record kept
908-for that purpose. All bonds approved by the Attorney General, and
909884 issued in accordance with t he approved proceedings, shall be valid
910885 and binding obligations of the Authority , and shall be incontestable
911886 for any course from and after the date of such approval.
912887 SECTION 11. NEW LAW A new section of law to be codified
913888 in the Oklahoma Statutes as Section 3050 of Title 2, unless there is
914889 created a duplication in numbering, reads as foll ows:
915890 The Oklahoma State University Veterinary Medicine Authority or
916891 the Oklahoma State University Veterinary Medical Trust, pursuant to
917892 Section 19 of this act, may file an application with the Supreme
918893 Court of this state for approval of any bonds to be iss ued under the
919894 provisions of the Oklahoma State University Veterinary Med icine
920895 Authority Act, and exclusive original j urisdiction is hereby
921896 conferred upon the Supreme Court to hear and determine such
897+application. The Supreme Court shall give such applicati ons
898+precedence over the other business of the Court except habeas corpus
899+proceedings, consider and determine the vali dity of the bonds, and
900+consider the application and any protest which may be fil ed thereto.
901+Notice of the hearing on each application shal l be given by notice
902+published in a newspaper of general circulation in this state that
903+on a day named the Authority or the Trust will ask the Cour t to hear
904+the application and approve the bonds. Such notice shall inform all
905+interested parties that they m ay file a protest against the issuance
906+of the bonds, may be present at t he hearing, and may contest the
907+legality thereof. Such notice shall be pub lished one time, not less
922908
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949-application. The Supreme Court shall give such applicati ons
950-precedence over the other business of the Court except habeas corpus
951-proceedings, consider and determine the vali dity of the bonds, and
952-consider the application and any protest which may be filed thereto.
953-Notice of the hearing on each application shal l be given by notice
954-published in a newspaper of general circulation in this state that
955-on a day named the Authority or the Trust will ask the Cour t to hear
956-the application and approve the bonds. Such notice shall inform all
957-interested parties that they m ay file a protest against the issuance
958-of the bonds, may be present at t he hearing, and may contest the
959-legality thereof. Such notice shall be pub lished one time, not less
960934 than ten (10) days prior to the date named for the hearing and the
961935 hearing may be adjourned from time to time in the discretion of the
962936 Court. If the Court is satisfied that the bonds have been proper ly
963937 authorized in accordance wi th the Oklahoma Stat e University
964938 Veterinary Medicine A uthority Act, and that when issued such bonds
965939 will constitute valid obligations in a ccordance with their terms,
966940 the Court shall render its written opinion approving the bon ds and
967941 shall fix the time with in which the petitio n for rehearing may be
968942 filed. The decision of the Court shall be a judicial determinatio n
969943 of the validity of the bond s, shall be conclusive as to the
970944 Authority of the Trust, its officers and agents, and th ereafter the
971945 bonds so approved and the revenues pledged to their payment shall be
972946 incontestable in any court in th is state.
947+SECTION 12. NEW LAW A new section of law to be codified
948+in the Oklahoma Stat utes as Section 3051 of Title 2, unless there is
949+created a duplication in numbering, reads as follows:
950+Revenue bonds of the Oklahoma State University Veterinary
951+Medicine Authority issued pursuant to the provisions of the Oklahoma
952+State University Veterinar y Medicine Authority Act shall not
953+constitute a debt of the s tate or of any political su bdivision
954+thereof, or a pledge of the full faith and credit of the state, or
955+of any political subdivision there of, but such bonds shall be
956+payable solely from the funds p rovided therefor. The forms of the
957+bonds so issued shall c ontain on the face thereof a statement to the
973958
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1000-SECTION 12. NEW LAW A new section of law to be codified
1001-in the Oklahoma Stat utes as Section 3051 of Title 2, unless there is
1002-created a duplication in numbering, reads as follows:
1003-Revenue bonds of the Oklahoma State University Veterinary
1004-Medicine Authority issued pursuant to the provisions of the Oklahoma
1005-State University Veterinar y Medicine Authority Act shall not
1006-constitute a debt of the s tate or of any political su bdivision
1007-thereof, or a pledge of the full faith and credit of the state, or
1008-of any political subdivision there of, but such bonds shall be
1009-payable solely from the funds p rovided therefor. The forms of the
1010-bonds so issued shall c ontain on the face thereof a statement to the
1011984 effect that neither the state n or the Authority shall be obliga ted
1012985 to pay the same or the in terest thereon except from the revenues of
1013986 the Authority pledged to the payment of such bonds and that neither
1014987 the faith and credit nor the taxin g power of the state or any
1015988 political subdivision thereof is pledged, or may herea fter be
1016989 pledged, to the payme nt of the principal of or interest on such
1017990 bonds. The bonds so issued shall be exempt f rom taxation by this
1018991 state and any political subdivision thereof, including the income
1019992 therefrom, and any gain from the sale thereof.
1020993 SECTION 13. NEW LAW A new section of law to be codified
1021994 in the Oklahoma Statutes as Sectio n 3052 of Title 2, unless there is
1022995 created a duplication in numbering, reads as follows:
996+Bonds issued pursuant to provisi ons of the Oklahoma State
997+University Veterinary Medicine Authority Act are hereby made
998+securities in which all p ublic officers and publ ic boards, agencies
999+and instrumentalities of the state and its political subdivisions,
1000+all banks, trust companies, trust and loan associations, in vestment
1001+companies and others carrying on a banking business, and all
1002+insurance companies, insurance associations, and others carrying on
1003+an insurance business, may legally and properly invest. Such bonds
1004+are also approved as c ollateral security for the d eposit of any
1005+public funds and for the investment of trust funds.
10231006
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1050-Bonds issued pursuant to provisi ons of the Oklahoma State
1051-University Veterinary Medicine Authority Act are hereby made
1052-securities in which all p ublic officers and publ ic boards, agencies
1053-and instrumentalities of the state and its political subdivisions,
1054-all banks, trust companies, trust and loan associations, in vestment
1055-companies and others carrying on a banking business, and all
1056-insurance companies, insurance associations, and others carrying on
1057-an insurance business, may legally and properly invest. Such bonds
1058-are also approved as c ollateral security for the d eposit of any
1059-public funds and for the investment of trust funds.
10601032 SECTION 14. NEW LAW A new section of law to be codified
10611033 in the Oklahoma Statutes as Section 3053 of Title 2, unless there is
10621034 created a duplication in numb ering, reads as follows:
10631035 The Oklahoma State University Veterinary Medicine Authority
10641036 shall submit an annual report to the Govern or, the President Pro
10651037 Tempore of the Senate, and the Speaker of the House of
10661038 Representatives of this state. Such report shall be submitted in
10671039 accordance with the requi rements for financial statement audits in
10681040 Section 212A of Title 74 of the Oklahoma Statu tes and shall include
10691041 an account of the operations and actions of th e Authority and an
10701042 accounting of all revenue received and dis bursed by the Authority
10711043 for the previous fiscal year. The report shall include an
10721044 accounting of expenses related to each of th e following:
1045+1. Education and training of students of the Oklahoma S tate
1046+University College of Veterinary, resident veterinarians , and
1047+others;
1048+2. Care and treatment o f animal patients for whom the Authority
1049+receives any form of state or federal reimburse ment; and
1050+3. Research.
1051+SECTION 15. NEW LAW A new section of law to be codified
1052+in the Oklahoma Statutes as Sectio n 3054 of Title 2, unless there is
1053+created a duplication in numbering, reads as follo ws:
1054+A. There is hereby created in the State Treasury a rev olving
1055+fund for the Oklahoma State University Veterinary Me dicine
10731056
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1100-1. Education and training of students of the Oklahoma State
1101-University College of Veterinary, resident veterinarians , and
1102-others;
1103-2. Care and treatment o f animal patients for whom the Authority
1104-receives any form of state or federal reimburse ment; and
1105-3. Research.
1106-SECTION 15. NEW LAW A new section of law to be codified
1107-in the Oklahoma Statutes as Sectio n 3054 of Title 2, unless there is
1108-created a duplication in numbering, reads as follo ws:
1109-A. There is hereby created in the State Treasury a rev olving
1110-fund for the Oklahoma State Univer sity Veterinary Medicine
11111082 Authority, to be designated the “Oklahoma State University
11121083 Veterinary Medicine Authority Disbursing Fund”. The fund shall be a
11131084 continuing fund, not subject to fis cal year limitations, and s hall
11141085 consist of appropriated revenues and federal entitlemen ts. All
11151086 monies accruing to the credit of the fund are hereby appropriated
11161087 and may be budgeted and expended by the Oklahoma State Univers ity
11171088 Veterinary Medicine Authorit y.
11181089 B. Following the execu tion of a lease of real properties under
11191090 the jurisdiction of the Oklahoma State University Veterinary
11201091 Medicine Authority to the Oklahoma State University Veterinary
11211092 Medical Trust pursuant to Section 22 of this act, monies from the
11221093 fund may be expended by the Authority for the fiscal year ending in
11231094 the year the lease is executed, for the operations of the Authority
1095+after the execution of the leas e to the Oklahoma State University
1096+Veterinary Medical Tr ust for payment of any costs to the Authority
1097+associated with the transfer of operations of facilities under the
1098+jurisdiction of the Authority, and legal obligations of th e
1099+Authority.
1100+SECTION 16. NEW LAW A new section of law to be codified
1101+in the Oklahoma Statute s as Section 3055 of Title 2, unless there is
1102+created a duplication in numbering, reads as follows:
1103+A. There is hereby created in the Stat e Treasury a revolving
1104+fund for the Oklahoma State University Veterinary Medicine
1105+Authority, to be designated the “Oklahoma State University
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1151-after the execution of the leas e to the Oklahoma State University
1152-Veterinary Medical Tr ust for payment of any costs to the Authority
1153-associated with the transfer of operations of faciliti es under the
1154-jurisdiction of the Authority, and legal obligations of th e
1155-Authority.
1156-SECTION 16. NEW LAW A new section of law to be codified
1157-in the Oklahoma Statute s as Section 3055 of Title 2, unless there is
1158-created a duplication in numbering, reads as follows:
1159-A. There is hereby created in the Stat e Treasury a revolving
1160-fund for the Oklahoma State University Veterinary Medicine
1161-Authority, to be designated the “Oklahoma State University
11621132 Veterinary Medicine Authority Marketing Revolving Fund ”. The fund
11631133 shall be a continuing fund, not subject to fisca l year limitations,
11641134 and shall consist of all monies received by the Oklahoma State
11651135 University Veterinary Medicine Aut hority pursuant to the provisi ons
11661136 of this section. All monies accruing to the credit of the fund are
11671137 hereby appropriated and may be budget ed and expended by the O klahoma
11681138 State University Veterinary Medicine Authority for t he purpose of
11691139 marketing research and planning, public education , special events
11701140 customary to the veterinary care industry, advertising and promotion
11711141 of special and general services provided or spo nsored by the
11721142 Oklahoma State University Veterinary Medicine Authority, and such
11731143 other purposes specifically authorized by t he Legislature.
11741144 Expenditures from the fund shall be made upon warrants issued by the
1145+State Treasurer against claims filed as prescrib ed by law with the
1146+Chief Financial Officer for approval and payment.
1147+B. An amount equal t o one-tenth of one percent (1/10 of 1%) of
1148+the total annual operating budget of the Oklahoma State Un iversity
1149+Veterinary Medicine Authority a nd such other funds as may be
1150+specifically designated for deposit to the fund shall be deposited
1151+in the Oklahoma State University Veterinary Medici ne Authority
1152+Marketing Revolving Fund.
1153+C. The Oklahoma State Univers ity Veterinary Medicine Authority
1154+Marketing Revolving Fund shal l be audited annually by the State
1155+Auditor and Inspector. The Oklahoma State University Vet erinary
11751156
1176-SB1005 HFLR Page 24
1177-BOLD FACE denotes Committee Amendments. 1
1157+ENGR. S. B. NO. 1005 Page 24 1
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1202-State Treasurer against claims filed as prescrib ed by law with the
1203-Chief Financial Officer for approval and payment.
1204-B. An amount equal t o one-tenth of one percent (1/10 of 1%) of
1205-the total annual operating budget of the Oklahoma State Un iversity
1206-Veterinary Medicine Authority a nd such other funds as may be
1207-specifically designated for deposit to the fund shall be deposited
1208-in the Oklahoma State University Veterinary Medici ne Authority
1209-Marketing Revolving Fund.
1210-C. The Oklahoma State Univers ity Veterinary Medicine Authority
1211-Marketing Revolving Fund shal l be audited annually by the State
1212-Auditor and Inspector. The Oklahoma State University Vet erinary
12131182 Medicine Authority shall reimburse the State Auditor and Inspector
12141183 from the Oklahoma State Uni versity Veterinary Medicine Authority
12151184 Marketing Revolving Fund for a ny expenses incurred in auditing the
12161185 fund.
12171186 SECTION 17. NEW LAW A new section of law to be cod ified
12181187 in the Oklahoma Statutes as Section 3056 of Title 2, unless there is
12191188 created a duplication in number ing, reads as follows:
12201189 A. The Oklahoma State University Veterinary Medicine Authority
12211190 may regulate traffic and the parking of vehicles on property us ed by
12221191 or for the Oklahoma State Universit y Veterinary Medicine Authority.
12231192 Such regulations shall be in wri ting, and copies there of, including
12241193 amendments thereto, shall be filed in the Office of the Secretary of
12251194 State, and in the office of the city clerk o f the City of
1195+Stillwater. The municipal court of the City of Stillwater shall
1196+have jurisdiction to hear and determine prosecutio ns for violations
1197+of such regulations, which may be prosecuted and shall be punishable
1198+as violations of ordinances of the City of Stillwater. The
1199+Authority may cause t o be removed, and may enter into contracts for
1200+such purpose, any veh icle parked in viola tion of such regulations.
1201+B. The Authority may appoint campus police officers and guard s
1202+for buildings and grounds of the Okla homa State University
1203+Veterinary Medicine Authority in the same manner and with the same
1204+powers as campus pol ice appointed by governing boards of state
1205+institutions for higher education under the provisions of Section
12261206
1227-SB1005 HFLR Page 25
1228-BOLD FACE denotes Committee Amendments. 1
1207+ENGR. S. B. NO. 1005 Page 25 1
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1253-Stillwater. The municipal court of the City of Stillwater shall
1254-have jurisdiction to hear and determine prosecutio ns for violations
1255-of such regulations, which may be prosecuted and shall be punishable
1256-as violations of ordinances of the City of Stillwater. The
1257-Authority may cause to be removed, and may enter into contracts for
1258-such purpose, any veh icle parked in viola tion of such regulations.
1259-B. The Authority may appoint campus police officers and guard s
1260-for buildings and grounds of the Okla homa State University
1261-Veterinary Medicine Authority in the same manner and with the same
1262-powers as campus pol ice appointed by governing boards of state
1263-institutions for higher education under the provisions of Section
12641232 360.15 et seq. of Title 74 of the Okla homa Statutes, and who may
12651233 prevent or stop improper conduct and trespass in and upon such
12661234 buildings and grounds, and make arrests and prosecute any and all
12671235 persons arrested for such improper conduct and trespassing.
12681236 Employees of the Authority serving as p olice officers shall be
12691237 certified as provided for in Section 3311 of Title 70 of the
12701238 Oklahoma Statutes.
12711239 C. The Authority and the City of Stillwater may enter into a
12721240 cooperative agreement to effectuate the provisions of this section.
12731241 SECTION 18. NEW LAW A new section of law to be codifie d
12741242 in the Oklahoma Statutes as Section 3057 of Title 2, unless there is
12751243 created a duplication in numbering, reads as follo ws:
1244+The Oklahoma State University Veter inary Medicine Authority is
1245+authorized to place resident veterinarians of the Oklahoma State
1246+University College of Veterinary Medicine on the Oklaho ma State
1247+University Veterinary Medicine Authority payroll, and is fur ther
1248+authorized to acquire health, life , and dental insurance for such
1249+residents. Such residents shall not be considered employees of the
1250+Authority and shall not be eligible to participa te in the Oklahoma
1251+Public Employees Retirement System. This section shall not preclude
1252+the right of the Okl ahoma State University Veterinary Medic ine
1253+Authority to terminate, for cause, the practicing pri vileges of any
1254+resident veterinarian within the Okla homa State Universit y
1255+Veterinary Medicine Authority.
12761256
1277-SB1005 HFLR Page 26
1278-BOLD FACE denotes Committee Amendments. 1
1257+ENGR. S. B. NO. 1005 Page 26 1
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1303-The Oklahoma State University Veter inary Medicine Authority is
1304-authorized to place resident veterinarians of the Oklahoma State
1305-University College of Veterinary Medicine on the Oklaho ma State
1306-University Veterinary Medicine Authority payroll, and is fur ther
1307-authorized to acquire health, life , and dental insurance for such
1308-residents. Such residents shall not be consi dered employees of the
1309-Authority and shall not be eligible to participa te in the Oklahoma
1310-Public Employees Retirement System. This section shall not preclude
1311-the right of the Okl ahoma State University Veterinary Medic ine
1312-Authority to terminate, for cause, the practicing privileges of any
1313-resident veterinarian within the Okla homa State Universit y
1314-Veterinary Medicine Authority.
13151282 SECTION 19. NEW LAW A new section of law to be codified
13161283 in the Oklahoma Statutes as Section 3058 of Title 2, unless there is
13171284 created a duplication in numbering, reads as follows:
13181285 A. The State of Oklahoma expressly approves the creation of a
13191286 public trust to be named the “Oklahoma State University Veterinary
13201287 Medical Trust”, of which the State of Oklahoma shall be the
13211288 beneficiary, provided such app roval shall be contingent upon
13221289 satisfaction of the following con ditions:
13231290 1. Finalization of the declaration of trus t;
13241291 2. Adoption of the declaration of trust by an official action
13251292 of the trustees of the Trust;
1293+3. Submission of the Trust for acceptance o f the beneficial
1294+interest and approval as required by Section 17 7 of Title 60 of the
1295+Oklahoma Statutes; and
1296+4. The approved declaration of trust shall:
1297+a. clearly state that the principal purpose of the
1298+Oklahoma State University Veterinary Medical Trust i s
1299+to effectuate the purposes of the Oklahoma State
1300+University Veterinary Medicine Authority as
1301+established in the Ok lahoma State University
1302+Veterinary Medicine Authority Act,
1303+b. except as otherwise provided by law, provide that the
1304+title to real property h eld by the Oklahoma State
1305+University Veterinary Medicine Authori ty shall not be
13261306
1327-SB1005 HFLR Page 27
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1307+ENGR. S. B. NO. 1005 Page 27 1
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1353-3. Submission of the Trust for acceptance o f the beneficial
1354-interest and approval as required by Section 17 7 of Title 60 of the
1355-Oklahoma Statutes; and
1356-4. The approved declaration of trust shall:
1357-a. clearly state that the principal purpose of the
1358-Oklahoma State University Veterinary Medical Trust i s
1359-to effectuate the purposes of the Oklahoma State
1360-University Veterinary Medicine Authority as
1361-established in the Ok lahoma State University
1362-Veterinary Medicine Authority Act,
1363-b. except as otherwise provided by law, provi de that the
1364-title to real property h eld by the Oklahoma State
1365-University Veterinary Medicine Authori ty shall not be
13661332 transferred, conveyed, or assigned t o the Oklahoma
13671333 State University Veterinary Medical Trust without the
13681334 express consent of the Legislature as the governing
13691335 entity of the beneficiary pursuant to Section 176 of
13701336 Title 60 of the Oklahoma Statu tes,
13711337 c. provide that any indebtedness incurred by th e Oklahoma
13721338 State University Veterinary Medical Trust or the
13731339 trustees of the Trust shall not be secured with or
13741340 create a lien upon real prope rty to which title is
13751341 held by the Oklahoma State University Vete rinary
13761342 Medicine Authority, and shall not involve the bonding
1343+capacity of the Oklahoma State University Veterinary
1344+Medicine Authority,
1345+d. provide that the trust estate of the Oklahoma State
1346+University Veterinary Medical Trust sh all not include
1347+the fee simple title to real property owned by the
1348+Oklahoma State University Veterinary Medicine
1349+Authority,
1350+e. clearly state that the creation of the Oklahoma State
1351+University Veterinary Medical Trust shall no t in any
1352+way reduce, limit, or interfere with the power gran ted
1353+to the Oklahoma State University Veterinary Medi cine
1354+Authority in the Oklahoma State University Veterinary
1355+Medicine Authority Act,
13771356
1378-SB1005 HFLR Page 28
1379-BOLD FACE denotes Committee Amendments. 1
1357+ENGR. S. B. NO. 1005 Page 28 1
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1404-capacity of the Oklahoma State University Veterinary
1405-Medicine Authority,
1406-d. provide that the trust estate of the Oklahoma State
1407-University Veterinary Medical Trust sh all not include
1408-the fee simple title to real property owned by the
1409-Oklahoma State University Veterinary Medicine
1410-Authority,
1411-e. clearly state that the creation of the Oklahoma State
1412-University Veterinary Medical Trust shall no t in any
1413-way reduce, limit, or interfere with the power gran ted
1414-to the Oklahoma State University Veterinary Medi cine
1415-Authority in the Oklahoma State University Veterinary
1416-Medicine Authority Act,
14171382 f. provide that any lease or contractual agreement
14181383 involving use of the real property to whi ch title is
14191384 held by the Oklahoma State University Veterinary
14201385 Medicine Authority a nd any improvements thereto shall
14211386 contain a provision and covenants requiring the proper
14221387 maintenance and upkeep of the real property and
14231388 improvements,
14241389 g. provide that the trus tees of the Oklahoma State
14251390 University Veterinary Medical Trust shall be the
14261391 acting members of the Oklahoma State University
14271392 Veterinary Medicine Authority as provided in the
1393+Oklahoma State University Veterinary Medicine
1394+Authority Act, and
1395+h. provide that the trustees of the Oklahoma St ate
1396+University Veterinary Medical Trust shall have t he
1397+duty to submit an annual report to the Governor, the
1398+President Pro Tempore of the Senate, and the Speaker
1399+of the House of Representatives of this state. The
1400+report shall be submitted by January 1 of e ach year
1401+and shall include an account of all operati ons,
1402+actions of the Trust, and an account of all revenue
1403+received and disbursed by the Trust for the prev ious
1404+fiscal year. The report shall als o provide a complete
1405+accounting of how the Trust meets its p rimary function
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1429-SB1005 HFLR Page 29
1430-BOLD FACE denotes Committee Amendments. 1
1407+ENGR. S. B. NO. 1005 Page 29 1
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1455-Oklahoma State University Veterinary Medicine
1456-Authority Act, and
1457-h. provide that the trustees of the Oklahoma St ate
1458-University Veterinary Medical Trust shall have t he
1459-duty to submit an annual report to the Governor, the
1460-President Pro Tempore of the Senate, and the Speaker
1461-of the House of Representatives of this state. The
1462-report shall be submitted by January 1 of e ach year
1463-and shall include an account of all operati ons,
1464-actions of the Trust, and an account of all revenue
1465-received and disbursed by the Trust for the pre vious
1466-fiscal year. The report shall als o provide a complete
1467-accounting of how the Trust meets its p rimary function
14681432 of effectuating the purposes of the Oklahoma State
14691433 University Veterinary Medicine Authority, as
14701434 established in the Oklahoma State University
14711435 Veterinary Medicine Authority Act.
14721436 B. The Oklahoma State University V eterinary Medical Trust shall
14731437 require any agreements which it enters into with an y entity for the
14741438 operations of facilities leased by the Oklahoma S tate University
14751439 Veterinary Medicine Aut hority to the Trust to include, but not be
14761440 limited to:
14771441 1. The inclusion of all the members of the Trust, representing
14781442 this state in a governing committee;
1443+2. Binding arbitration shall not be required by su ch agreements
1444+for resolving issues und er consideration by the governing committee;
1445+and
1446+3. Major decisions shall be resolved by the governing
1447+committee, and approval of any major decision by the governing
1448+committee must include the approval of a majority of the state
1449+appointees and the approva l of a majority of the private entity
1450+appointees to the governing committe e. Major decisions shall
1451+include:
1452+a. approval of the operating and capital budgets,
1453+b. sale or disposition of assets over Two Hundred Fifty
1454+Thousand Dollars ($250,000.00),
14791455
1480-SB1005 HFLR Page 30
1481-BOLD FACE denotes Committee Amendments. 1
1456+ENGR. S. B. NO. 1005 Page 30 1
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1506-2. Binding arbitration shall not be required by su ch agreements
1507-for resolving issues und er consideration by the governing committee;
1508-and
1509-3. Major decisions shall be resolved by the governing
1510-committee, and approval of any major decision by the governing
1511-committee must include the approval of a majority of the state
1512-appointees and the approva l of a majority of the private entity
1513-appointees to the governing committe e. Major decisions shall
1514-include:
1515-a. approval of the operating and capital budgets,
1516-b. sale or disposition of assets over Two Hundred Fifty
1517-Thousand Dollars ($250,000.00),
15181481 c. the termination, transfer, or material addition or
15191482 material diminution of animal medical services at the
15201483 Oklahoma State University Boren Veterinary Medical
15211484 Teaching Hospital related to and part of a teaching
15221485 program of the Oklahoma St ate University College of
15231486 Veterinary Medicine,
15241487 d. other major decisions as may be agreed upon by the
15251488 Trust and the private entity, and
15261489 e. to the extent it is determined by legislative
15271490 enactment that the Trust has expended funds in
15281491 contravention of its miss ion as set forth in this
15291492 section, the Trust shall remit, upon thirty (30) days ’
1493+written notice from the Oklah oma State University
1494+Veterinary Medicine Authority, such sum or sums to the
1495+Oklahoma State University Veterinary Medicine
1496+Authority.
1497+SECTION 20. NEW LAW A new section of law to be codified
1498+in the Oklahoma Statutes as Section 3059 of Title 2, unless there is
1499+created a duplication in numbering, reads as follows:
1500+A. Contingent upon the creation of the Oklahoma State
1501+University Veterinary Medical Trust as provided in Section 19 of
1502+this act, the Trust, prior to acceptance, shall submit to the
1503+Contingency Review Boa rd for review the proposed agreement regarding
1504+the lease and operations of any hospital or hospitals owned by the
15301505
1531-SB1005 HFLR Page 31
1532-BOLD FACE denotes Committee Amendments. 1
1506+ENGR. S. B. NO. 1005 Page 31 1
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1557-written notice from the Oklah oma State University
1558-Veterinary Medicine Authority, such sum or sums to the
1559-Oklahoma State University Veterinary Medicine
1560-Authority.
1561-SECTION 20. NEW LAW A new section of law to be codified
1562-in the Oklahoma Statutes as Section 3059 of Title 2, unless there is
1563-created a duplication in numbering, reads as follows:
1564-A. Contingent upon the creation of the Oklahoma State
1565-University Veterinary Medical Trust as provided i n Section 19 of
1566-this act, the Trust, prior to acceptance, shall submit to the
1567-Contingency Review Boa rd for review the proposed agreement regarding
1568-the lease and operations of any hospital or hospitals owned by the
15691531 Oklahoma State University Veterinary Medicine Authority to any
15701532 entity authorized to transact business in th is state and an
15711533 independent statement as to the fairness of the proposed agreement
15721534 for this state. The Contingency Review Board shall upon receipt of
15731535 the proposed agreement meet within fifteen (15) business days to
15741536 review the proposed agreement; upon approval by the Contingency
15751537 Review Board of the proposed agreement, the agree ment may be
15761538 executed but no lease of the hospital or hospitals shall become
15771539 effective until after Supreme Court approval pursuant to subsection
15781540 B of this section.
15791541 B. 1. If a proposed agre ement is approved by the Contingency
15801542 Review Board pursuant to subsection A of th is section, the Oklahoma
1543+State University Veterinary Medicine Autho rity and Oklahoma State
1544+University Veterinary Medical Trust, withi n thirty (30) calendar
1545+days after the time for Contingency Review Board action has expired,
1546+may file a petition with the Su preme Court of Oklahoma for a
1547+declaratory judgment determining the validity of the proposed
1548+agreement. The review of the Court shall be based upon the exercise
1549+of any of the powers, rights, privileges, an d functions conferred
1550+upon the Authority or the Oklahoma State University Veterinary
1551+Medical Trust, as applicable, und er the Oklahoma State University
1552+Veterinary Medicine Authority Act and Oklahoma laws. Exclusive
1553+original jurisdiction is conferred upon t he Supreme Court to hear
1554+and determine such petitio ns. The Supreme Court shall give such
15811555
1582-SB1005 HFLR Page 32
1583-BOLD FACE denotes Committee Amendments. 1
1556+ENGR. S. B. NO. 1005 Page 32 1
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1608-State University Veterinary Medicine Autho rity and Oklahoma State
1609-University Veterinary Medical Trust, withi n thirty (30) calendar
1610-days after the time for Contingency Review Board action has expired,
1611-may file a petition with the Su preme Court of Oklahoma for a
1612-declaratory judgment determining the validity of the proposed
1613-agreement. The review of the Court shall be based upon the exercise
1614-of any of the powers, rights, privileges, an d functions conferred
1615-upon the Authority or the Oklahoma State University Veterinary
1616-Medical Trust, as applicable, und er the Oklahoma State University
1617-Veterinary Medicine Authority Act and Oklahoma laws. Exclusive
1618-original jurisdiction is conferred upon t he Supreme Court to hear
1619-and determine such petitio ns. The Supreme Court shall give such
16201581 petitions precedence over ot her business of the Court except habeas
16211582 corpus proceedings.
16221583 2. Notice of the hearing of such a petition shal l be given by a
16231584 notice published in a newspaper of general circulation in this s tate
16241585 that on a day specified the Supreme Court will hear the petiti on to
16251586 approve the proposed agreement and enter a declaratory judgm ent.
16261587 The notice shall be published one tim e not less than ten (10) days
16271588 prior to the date specified for the hearing. The notice shall
16281589 inform property owners, taxpayers, citizens, and all persons having
16291590 or claiming any right, title, or interest in the propos ed agreement
16301591 or properties or funds to b e affected by the implementat ion of the
16311592 proposed agreement, or affected in any way thereby, that they may
1593+file protests against the approval of the proposed agreement, and be
1594+present at the hearing to contest the leg ality of the proposed
1595+agreement. The hearing may be adjourned from t ime to time at the
1596+discretion of the Court.
1597+3. If the Court is satisfied that the proposed agreement is in
1598+accordance with the Oklahoma State University Veterinary Medicine
1599+Authority Act and laws of this state, the Court shall enter a
1600+declaratory judgment approving and declaring the proposed agreement
1601+to be valid and conclusive as to the Authority, the Trust, and all
1602+other parties to the proposed agreement . Upon petition of the
1603+Authority, the Court shall issue an order permane ntly enjoining all
1604+persons described in the notice required by this subs ection from
16321605
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1606+ENGR. S. B. NO. 1005 Page 33 1
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1659-file protests against the approval of the proposed agreement, and be
1660-present at the hearing to contest the leg ality of the proposed
1661-agreement. The hearing may be adjourned from t ime to time at the
1662-discretion of the Court.
1663-3. If the Court is satisfied that the proposed agreement is in
1664-accordance with the Oklahoma State University Ve terinary Medicine
1665-Authority Act and laws of this state, the Court shall enter a
1666-declaratory judgment approving and declaring the proposed agreement
1667-to be valid and conclusive as to the Authority, the Trust, and all
1668-other parties to the proposed agreement . Upon petition of the
1669-Authority, the Court shall issue an order permane ntly enjoining all
1670-persons described in the notice required by this subs ection from
16711631 thereafter instituting any action or proceeding contesting the
16721632 validity of the proposed agreement. A declaratory judgment rendered
16731633 pursuant to this subsection shall have f orce and effect of a final
16741634 judgment or decree and shall be incontestable in any court in this
16751635 state.
16761636 4. As used in the Oklahoma State University V eterinary Medicine
16771637 Authority Act, “proposed agreement” means one or more contracts
16781638 regarding the lease and op erations of any hospital or h ospitals
16791639 owned by the Oklahoma State Unive rsity Veterinary Medicine
16801640 Authority, and all other agreements contemplated b y or referred to
16811641 in the contract regarding such lease and operations.
1642+SECTION 21. NEW LAW A new section of law to be codified
1643+in the Oklahoma Statutes as Section 3060 of Title 2, unless there is
1644+created a duplication in numbering, reads as follows:
1645+A. Contingent upon the creation of the Oklahoma State
1646+University Veterinary Medical Trust as provided in Section 19 of
1647+this act, the Oklahoma State University Veterinary Medicine
1648+Authority is hereby authorized to lease, for a term not more than
1649+fifty (50) years, renewable at the option of the Authority, all real
1650+property owned by the Authority and any other sites under the
1651+control of the Authority to the Oklahoma State Un iversity Veterinary
1652+Medical Trust. Any lease agreement made pursuant to this section
1653+shall be contingent upon:
16821654
1683-SB1005 HFLR Page 34
1684-BOLD FACE denotes Committee Amendments. 1
1655+ENGR. S. B. NO. 1005 Page 34 1
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17081679
1709-SECTION 21. NEW LAW A new section of law to be codified
1710-in the Oklahoma Statutes as Section 3060 of Title 2, unless there is
1711-created a duplication in numbering, reads as follows:
1712-A. Contingent upon the creation of the Oklahoma State
1713-University Veterinary Medical Trust as provided in Section 19 of
1714-this act, the Oklahoma State University Veterinary Medicine
1715-Authority is hereby authorized to lease, for a term not more than
1716-fifty (50) years, renewable at the option of the Authority, all real
1717-property owned by the Authority and any other sites under the
1718-control of the Authority to the Oklahoma State Un iversity Veterinary
1719-Medical Trust. Any lease agreement made pursuant to this section
1720-shall be contingent upon:
17211680 1. Prior review by the Attorney Genera l of any contractual
17221681 agreement between the Oklahoma Sta te University Veterinary Medical
17231682 Trust and any entity authorized to transa ct business in this state
17241683 regarding the lease and operations. The Attorney General shall
17251684 disapprove the agreement i f it is determined that provisions of the
17261685 agreement are not consis tent with state law; and
17271686 2. The execution of an operating and lease agree ment between
17281687 the Oklahoma State University V eterinary Medical Trust and any
17291688 entity authorized to transact business i n this state.
17301689 B. Concurrent with the execution of a lease of real property
17311690 from the Oklahoma State University Veter inary Medicine Authority to
17321691 the Oklahoma State University Veterinary Medical Trust as provided
1692+in subsection A of this section, the Authorit y is authorized to
1693+transfer title to and possession of all tangibl e and intangible
1694+personal property under its contr ol to the Trust. In any
1695+contractual agreement regarding the lease a nd operations of a
1696+hospital or hospitals between the Oklahoma State Univ ersity
1697+Veterinary Medical Trust and a ny entity authorized to trans act
1698+business in this state, the Trust is authorize d to sell or otherwise
1699+convey to such entity all tangible and intang ible personal property
1700+the Trust may receive from the Oklahoma State Uni versity Veterinary
1701+Medicine Authority. Any contract or other agre ement which purports
1702+to exercise the powers author ized by this subsection is subject to
17331703
1734-SB1005 HFLR Page 35
1735-BOLD FACE denotes Committee Amendments. 1
1704+ENGR. S. B. NO. 1005 Page 35 1
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1760-in subsection A of this section, the Authorit y is authorized to
1761-transfer title to and possession of all tangibl e and intangible
1762-personal property under its contr ol to the Trust. In any
1763-contractual agreement regarding the lease a nd operations of a
1764-hospital or hospitals between the Oklahoma State Univ ersity
1765-Veterinary Medical Trust and a ny entity authorized to trans act
1766-business in this state, the Trust is authorize d to sell or otherwise
1767-convey to such entity all tangible and intang ible personal property
1768-the Trust may receive from the Oklahoma State Uni versity Veterinary
1769-Medicine Authority. Any contract or other agre ement which purports
1770-to exercise the powers author ized by this subsection is subject to
17711729 review by the Contingency Revi ew Board, as specified in Section 21
17721730 of this act.
17731731 C. If a contracting entity fails to take possession of the
17741732 leased premises, or abandons or surrenders possession of the leased
17751733 premises other than to a state age ncy, at any time during the term
17761734 of the lease between the Oklahoma State University Veterinary
17771735 Medical Trust and the contracting entity, the interest in the real
17781736 property leased to t he Oklahoma State University Veterinary Medical
17791737 Trust by the Oklahoma Stat e University Veterinary Medicine Authority
17801738 shall revert to and be the sole and exclusive property of the
17811739 Oklahoma State University Veterinary Medicine Au thority.
17821740 D. Contingent upon the execution of an agreement between the
17831741 Oklahoma State University Veteri nary Medical Trust and any entity
1742+authorized to transact business in this state, as specified in
1743+subsection A of this section, the Oklahoma State Univers ity
1744+Veterinary Medicine Autho rity is authorized to enter into an
1745+agreement for such entity to provide a nimal patient care services
1746+and perform other related duties imposed upon the Oklahoma State
1747+University Veterinary Medicine Authority by law. Such an agreement
1748+between the Oklahoma State University Veterinary Medicine Authority
1749+and such entity is exempt f rom the requirements of the Oklahoma
1750+Central Purchasing Act and any rules adopted by the Oklahoma Sta te
1751+University Veterinary Medicine Authority pursuant to the
1752+Administrative Proced ures Act. The governing committee created by
17841753
1785-SB1005 HFLR Page 36
1786-BOLD FACE denotes Committee Amendments. 1
1754+ENGR. S. B. NO. 1005 Page 36 1
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1811-authorized to transact business in this state, as specified in
1812-subsection A of this section, the Oklahoma State Univers ity
1813-Veterinary Medicine Autho rity is authorized to enter into an
1814-agreement for such entity to provide a nimal patient care services
1815-and perform other related duties imposed upon the Okla homa State
1816-University Veterinary Medicine Authority by law. Such an agreement
1817-between the Oklahoma State University Veterinary Medicine Authority
1818-and such entity is exempt f rom the requirements of the Oklahoma
1819-Central Purchasing Act and any rules adopted by the Oklahoma State
1820-University Veterinary Medicine Authority pursuant to the
1821-Administrative Proced ures Act. The governing committee created by
18221779 the agreement and the Oklaho ma State University Veterinary Medical
18231780 Trust shall be subject to the Oklahoma Open Meeting Act and the
18241781 Oklahoma Open Records Act to the same extent and w ith the same
18251782 exceptions as provided to for the Oklahoma State University
18261783 Veterinary Medicine Authority in Section 5 of this act and shall be
18271784 exempt from the Oklahoma Central Purchasing Act.
18281785 SECTION 22. NEW LAW A new section of law to be codified
18291786 in the Oklahoma Statutes as Section 3061 of Title 2, unless there is
18301787 created a duplication in numbering, reads as follows:
18311788 There is hereby created in the State Treasury a revolving fund
18321789 for the Oklahoma State University Veterinary Medical Tr ust to be
18331790 designated the “Oklahoma State University Veterinary Med ical Trust
18341791 Revolving Fund”. The fund shall be a continuing fund, not subj ect
1792+to fiscal year limitations, and shall consist of appropriated
1793+revenues. All monies accruing to the credit of th e fund are hereby
1794+appropriated and may be budgeted and expended by the Oklahoma State
1795+University Veterinary Medical Trust.
1796+SECTION 23. It being immediately necessary for the preservation
1797+of the public peace, health and safety, an eme rgency is hereby
1798+declared to exist, by reason whereof this act shall take effect an d
1799+be in full force from and after its passage and approval.
18351800
1836-SB1005 HFLR Page 37
1837-BOLD FACE denotes Committee Amendments. 1
1801+ENGR. S. B. NO. 1005 Page 37 1
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1862-to fiscal year limitations, and shall con sist of appropriated
1863-revenues. All monies accruing to the credit of th e fund are hereby
1864-appropriated and may be budgeted and expended by the Oklahoma State
1865-University Veterinary Medical Trust.
1866-SECTION 23. It being immediately necessary f or the preservation
1867-of the public peace, health and safety, an eme rgency is hereby
1868-declared to exist, by reason whereof this act shall take effect an d
1869-be in full force from and after its passage and approval.
1826+Passed the Senate the 22nd day of March, 2023.
18701827
1871-COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE, dated 04/11/2023 - DO
1872-PASS, As Coauthored.
1828+
1829+
1830+ Presiding Officer of the Senate
1831+
1832+
1833+Passed the House of Representatives the ____ day of _________ _,
1834+2023.
1835+
1836+
1837+
1838+ Presiding Officer of the House
1839+ of Representatives
1840+