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ENGROSSED SENATE
BILL NO. 214 By: Bergstrom of the Senate
and
Kendrix of the House
An Act relating to funds for health research
projects; amending 74 O.S. 2021, Sections 5060.16 and
5060.17, which relate to duties of the Okla homa
Center for the Advancement of Science and Technology
and the award of professional service contract;
requiring the Center to maintain and report certain
information; requiring certain binding commitment
before awarding certain professional service
contract; providing for exception; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 5060.16, is
amended to read as follows:
Section 5060.16. The Oklahoma Center for the Advancement of
Science and Technology, with the advice and consent of the Committee
Board, shall:
1. Establish and operate a state program des igned to secure and
impartially distribute funds credited to the Research Support
Revolving Fund to support professional service contracts for health
research projects;
2. Ensure that funding to support health research projects is
awarded only on the basi s of scientific merit;
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3. Design the health research program to ensure the optimum
performance of the investigator and the maximum efficiency of the
project;
4. Evaluate and approve health research projects to be funded
from the Research Support Revolvin g Fund;
5. Establish a procedure for the referral of proposed health
research projects to the Committee Board for review;
6. Establish procedures for review of proposed health research
projects by qualified individuals residing outside this state;
7. Suspend or terminate any professional service contract
supporting health research projects for failure by an investigator,
institution of higher learning, or nonprofit research institution to
comply with the procedures, requirements, or bylaws of the Center;
and
8. Enter into contracts to ensure the optimum performance of
health research investigat ors and to ensure the maximum efficiency
of proposed health research projects ;
9. Provide a report to the Board detailing any potential
commercial opportunities, if any, for projects receiving funds each
fiscal year; and
10. For each fiscal year, maintain records and provide a report
to the Board containing the number of years that each project has
been receiving funds.
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SECTION 2. AMENDATORY 74 O.S. 2021, Section 5060.17, is
amended to read as follows:
Section 5060.17. No professional service contract shall be
awarded by the Oklahoma Center for the Advancement of Science and
Technology to support a health research project unless:
1. The investigators are residents of this state or become
residents of this state before the ninetieth day after a
professional service contract, pursuant to which they will be
functioning as an investigator, has been funded by the Center;
2. The institutions that administer the professional service
contracts are primarily located in this state and are able to assume
financial responsibility for professional service contracts;
3. The professional service con tract will not be transferred to
any other institutions within the state without the approval of the
Center and will not be transferred to a n institution outside this
state at any time; and
4. The funds will not be expended for patient care except if
patient care is an intrinsic part of a funded professional service
contract; and
5. A binding commitment is obtained from any institution of
higher education, nonprofit research foundation , or private
enterprise that would receive funds pursuant to an award providing
information on an annual basis for the dura tion of funding and the
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five (5) subsequent years, which shall include but not be limite d to
the following:
a. employment levels for the year preceding the award and
each subsequent year ,
b. any additional funds raised as a direct result of the
award,
c. payroll data resulting from the research ,
d. gross sales or revenue as a direct result of the
research, and
e. relevant industry sector information, as determined by
the Center.
The Oklahoma Tax Commission shall collaborate with the Center
for the reporting of f inancial data. The Center may provide an
exception to the commitment required purs uant to this subsection for
certain circumstances that ma ke the providing of data unfeasible,
including but not limited to the death of owners or management,
dissolution of the enterprise, or abandonment of proje cts.
SECTION 3. This act shall become effective November 1, 2023.
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Passed the Senate the 9th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives