Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB330 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 330 By: McCortney of the Senate
7	37
8	38		and
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10	40		McEntire of the House
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15	45		An Act relating to the University Hospitals
16	46		Authority; amending 63 O.S. 2021, Section 3225, which
17	47		relates to contractual agreements; modifying
18	48		applicability of certain provision; providing certain
19	49		construction; exempting amendments to specified
20	50		agreements from certain procedure; updating statutory
21	51		language; and providing an effective date.
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25		-	~~SUBJECT: University Hospitals Authority~~
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27	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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29	58		SECTION 1. AMENDATORY 63 O.S. 2021, Section 3225, is
30	59		amended to read as follows:
31		-
32	60		Section 3225. A. Contingent upon the creation of the
33	61		University Hospitals Trust as provided in Section 322 4 of this
34	62		title, the Trust, prior to acceptance, shall submit to the
35	63		Contingency Review Board for review the proposed agreement regarding
36	64		the lease and operations of the University Hospitals hospital or
37	65		hospitals owned by the University Hospitals Authority to any entity
38	66		authorized to transact bu siness in the state and an independent
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	68	+	SB330 HFLR Page 2
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39	94		statement as to the fairness of said the proposed agreement for the
40	95		State of Oklahoma this state. The Contingency Review Board s hall
41	96		upon receipt of the proposed agreement meet within f ifteen (15)
42	97		business days to review the proposed agreement; and unless the
43	98		Contingency Review Board disapproves the proposed agreement, the
44	99		proposed agreement may be executed, but no lease of the University
45	100		Hospitals hospital or hospitals owned by the University Hospitals
46	101		Authority shall become effective until after Supreme Court approval
47		-
48		-	ENR. S. B. NO. 330 Page 2
49	102		pursuant to subsection B of this section ; provided, any amendment to
50	103		the provisions of this section shall not be c onstrued to affect or
51	104		abrogate any agreement approved pur suant to the provisions of this
52	105		section prior to the effective date of such amendment .
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54	106		B. 1. If a proposed agreement is n ot disapproved by the
55	107		Contingency Review Board pursuant to subsection A of t his section,
56	108		the University Hospitals Authority and Unive rsity Hospitals Trust,
57	109		within thirty (30) calendar days after the time for Contingency
58	110		Review Board action has expired, may file a petition with the
59	111		Supreme Court of Oklahoma for a declaratory judgme nt determining the
60	112		validity of the proposed agreement. T he review of the Court shall
61	113		be based upon the exercise of any of the powers, rights, pr ivileges,
62	114		and functions conferred u pon the Authority or the University
63	115		Hospitals Trust, as applicable, under th e University Hospitals
64	116		Authority Act and Oklahoma laws. Exclusive original jurisdiction is
65	117		conferred upon the Supreme Court to hear and determin e such
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66	145		petitions. The Supreme Cour t shall give such petitions precedence
67	146		over other business of the Court exce pt habeas corpus proceedings.
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69	147		2. Notice of the hearing o f such a petition shall be give n by a
70	148		notice published in a newspaper of general circula tion in this state
71	149		that on a day specified the Supreme Court will hear the petition to
72	150		approve the proposed agr eement and enter a declaratory judgment.
73	151		The notice shall be published one time not les s than ten (10) days
74	152		prior to the date specified for the hearing. The notice shall
75	153		inform property owners, taxpayers, citizens, and all persons having
76	154		or claiming any right, title, or interest in the proposed agreement
77	155		or properties or funds to be affecte d by the implementation of the
78	156		proposed agreement, or aff ected in any way thereby, that they may
79	157		file protests against the approval of the proposed agreement, and be
80	158		present at the hearing to contest the legality of the propo sed
81	159		agreement. The hearing may be adjourned from time to time at the
82	160		discretion of the Court.
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84	161		3. If the Court is satisfie d that the proposed agreement is in
85	162		accordance with the University Hospitals Authority Act and Oklahoma
86	163		laws, the Court shall enter a declaratory judgment approving and
87	164		declaring the proposed agreement to be valid and con clusive as to
88	165		the Authority, the Tr ust, and all other parties to the proposed
89	166		agreement; and, upon petition of the Authority, shall issue an order
90	167		permanently enjoining all persons described in the n otice required
	168	+	by this subsection from thereafter institu ting any action or
91	169
92		-	ENR. S. B. NO. 330 Page 3
93		-	by this subsection from thereafter institu ting any action or
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94	196		proceeding contesting the validity of the proposed agreement. A
95	197		declaratory judgment render ed pursuant to this subsection shall have
96	198		the force and effect of a final judgment or de cree and shall be
97	199		incontestable in any court in this stat e.
98		-
99	200		4. As used in the University Ho spitals Authority Act, “proposed
100	201		agreement” means one or more contracts rega rding the lease and
101	202		operations of the University Hospitals hospital or hospitals owned
102	203		by the University Hospitals Authority and all other agreem ents
103	204		contemplated by or referred to in the contract regarding such lease
104	205		and operations.
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106	206		C. The procedure set forth in this section for review and
107	207		approval of agreemen ts regarding the lease and oper ations of the
108	208		hospital or hospitals owned by the Universi ty Hospitals Authority
109	209		shall not be required for any amendment to an agreement which has
110	210		been so reviewed and a pproved which has the effect of increasing
111	211		payments due to the University Hospitals Auth ority or University
112	212		Hospitals Trust.
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114	213		SECTION 2. This act shall become effective November 1, 2023.
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117		-	ENR. S. B. NO. 330 Page 4
118		-	Passed the Senate the 21st day of February, 2023.
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122		-	Presiding Officer of the Senate
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125		-	Passed the House of R epresentatives the 20th day of April, 2023.
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129		-	Presiding Officer of the House
130		-	of Representatives
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132		-	OFFICE OF THE GOVERNOR
133		-	Received by the Office of the Governor this _______ _____________
134		-	day of _________________ __, 20_______, at _______ o'clock _______ M .
135		-	By: _______________________________ __
136		-	Approved by the Governor of the State of Oklahoma this _____ ____
137		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
138		-
139		-	_________________________________
140		-	Governor of the State of Oklahoma
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142		-
143		-	OFFICE OF THE SECRETARY OF STATE
144		-	Received by the Office of the Secretary of State this _______ ___
145		-	day of __________________, 20 _______, at _______ o'clock _______ M.
146		-	By: _______________________________ __
	215	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
	216	+	04/13/2023 - DO PASS.