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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 330 By: McCortney
AS INTRODUCED
An Act relating to the University Hospitals
Authority; amending 63 O.S. 2021, Section 3225, which
relates to contractual agreements ; modifying
applicability of certain provision ; providing certain
construction; exempting amendments to specified
agreements from certain procedure; updating statutory
language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 3225, is
amended to read as follows:
Section 3225. A. Contingent upon the creation of the
University Hospitals Tru st as provided in Section 322 4 of this
title, the Trust, prior to acceptance, shall submit to the
Contingency Review Board for review the proposed agreement regarding
the lease and operations of the University Hospitals hospital or
hospitals owned by the University Hospitals Authority to any entity
authorized to transact business in the state and an independent
statement as to the fairness of said the proposed agreement for the
State of Oklahoma this state. The Contingency Review Board shall
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upon receipt of the proposed agreement meet within fifteen (15)
business days to review the proposed agreement; and unless the
Contingency Review Board disapproves the proposed agreement, the
proposed agreement may be executed, but no lease of the University
Hospitals hospital or hospitals owned by the University Hospitals
Authority shall become effective until after Supreme Court approval
pursuant to subsection B of this section ; provided, any amendment to
the provisions of this section shall not be construed to affect or
abrogate any agreement approved pursuant to the provisions of this
section prior to the effective date of such amendment .
B. 1. If a proposed agreement is n ot disapproved by the
Contingency Review Board pursuant to subsection A of this section,
the University Hospitals Authority and University Hospitals Trust,
within thirty (30) calendar days after the time for Contingency
Review Board action has expired, may file a petition with the
Supreme Court of Oklahoma for a declaratory judgment determining the
validity of the proposed agreement. The rev iew of the Court shall
be based upon the exercise of any of the powers, rights, pr ivileges,
and functions conferred u pon the Authority or the University
Hospitals Trust, as applicable, under the University Hospit als
Authority Act and Oklahoma laws. Exclus ive original jurisdiction is
conferred upon the Supreme Court to hear and determin e such
petitions. The Supreme Cour t shall give such petitions precedence
over other business of the Court except habeas corpus pr oceedings.
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2. Notice of the hearing of such a petition shall be given by a
notice published in a newspaper of general circula tion in this state
that on a day specified the Supreme Court will hear the petition to
approve the proposed agreement and enter a declaratory judgment.
The notice shall be p ublished one time not less than ten (10) days
prior to the date specified for the hearing. The notice shall
inform property owners, taxpayers, citizens, and all persons having
or claiming any right, title, or in terest in the proposed agreement
or properties or funds to be affected by the implementation of the
proposed agreement, or aff ected in any way thereby, that they may
file protests against the approval of the proposed agreement, and be
present at the hearin g to contest the legality of the proposed
agreement. The hearing may be adjourned from time to time at the
discretion of the Court.
3. If the Court is satisfie d that the proposed agreement is in
accordance with the University Hospitals Authority Act and Oklahoma
laws, the Court shall enter a decla ratory judgment approving and
declaring the proposed agreement to be valid and con clusive as to
the Authority, the Tr ust, and all other parties to the proposed
agreement; and, upon petition of the Authority, shal l issue an order
permanently enjoining all p ersons described in the notice required
by this subsection from thereafter institu ting any action or
proceeding contesting the validity of the proposed agreement. A
declaratory judgment rendered pursuant to this subsection shall have
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the force and effect of a final judgment or decree and shall be
incontestable in any court in this stat e.
4. As used in the University Ho spitals Authority Act, “proposed
agreement” means one or more contracts regarding the lease and
operations of the University Hospitals hospital or hospitals owned
by the University Hospitals Authority and all other agreem ents
contemplated by or referred to in the contract regarding such lease
and operations.
C. The procedure set forth in this secti on for review and
approval of agreements reg arding the lease and operations of the
hospital or hospitals owned by the Universi ty Hospitals Authority
shall not be required for any amendment to an agreement which has
been so reviewed and approved which has t he effect of increasing
payments due to the University Hospitals Authority or University
Hospitals Trust.
SECTION 2. This act shall become effective November 1, 2023.
59-1-468 DC 1/13/2023 12:09:00 PM