Oklahoma 2024 Regular Session

Oklahoma House Bill HB2160 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	HB2160 HFLR Page 1
4		-	BOLD FACE denotes Committee Amendments. 1
	3	+	Req. No. 5481 Page 1 1
5	4		2
6	5		3
7	6		4
8	7		5
9	8		6
10	9		7
11	10		8
12	11		9
13	12		10
14	13		11
15	14		12
16	15		13
17	16		14
18	17		15
19	18		16
20	19		17
21	20		18
22	21		19
23	22		20
24	23		21
25	24		22
26	25		23
27	26		24
28	27
29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 59th Legislature (2023)
34	31
35		-	COMMITTEE SUBSTITUTE
36		-	FOR
37		-	HOUSE BILL NO. 2160 By: Roe
	32	+	HOUSE BILL 2160 By: Roe
38	33
39	34
40	35
41	36
42	37
43		-	~~COMMITTEE SUBSTITUTE~~
	38	+	AS INTRODUCED
44	39
45		-	An Act relating to the Oklahoma State University
46		-	Medical Authority; amending 63 O.S. 2021, Section
47		-	3275, which relates to members; modifying
48		-	qualifications; adding members; removing obsolete
49		-	language; authorizing v irtual meetings under certain
50		-	conditions; amending 63 O.S. 2021, Section 327 6,
51		-	which relates to powers and duties of the Authority;
52		-	modifying and adding powers and duties; removing
53		-	certain prohibition; amending 63 O.S. 2021, Section
54		-	3283, which relates to revenue bonds; specifying
55		-	allowed payment sources for bonds ; amending 63 O.S.
56		-	2021, Section 3290, which relates to the Oklahoma
57		-	State University Medical Trust; increasing certain
58		-	asset limit for purpose of certain deter mination;
59		-	authorizing virtual meetings under certain
60		-	conditions; repealing 63 O.S. 2021, Sections 3287 a nd
61		-	3291, which relate to the Oklahoma State University
62		-	Medical Authority; exempting the Authority from the
63		-	Public Competitive Bidding Act of 1974 ; defining
64		-	term; repealing 63 O.S. 2021 , Sections 3287 and 3291 ;
65		-	providing for codification; and providing an
	40	+	An Act relating to public health and safety; creating
	41	+	the Public Health and Safety Reform Act of 2023;
	42	+	providing for noncodification ; and providing an
66	43		effective date.
67	44
68	45
69	46
70	47
71	48		BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
72		-	SECTION 1. AMENDATORY 63 O.S. 2021, Section 3275, is
73		-	amended to read as follows:
	49	+	SECTION 1. NEW LAW A new section of law not to be
	50	+	codified in the Oklahoma Statutes reads as follows:
	51	+	This act shall be known and may be cited as the "Public Health
	52	+	and Safety Reform Act of 2023 ".
	53	+	SECTION 2. This act shall become effective November 1, 2023.
74	54
75		-	HB2160 HFLR Page 2
76		-	BOLD FACE denotes Committee Amendments. 1
77		-	2
78		-	3
79		-	4
80		-	5
81		-	6
82		-	7
83		-	8
84		-	9
85		-	10
86		-	11
87		-	12
88		-	13
89		-	14
90		-	15
91		-	16
92		-	17
93		-	18
94		-	19
95		-	20
96		-	21
97		-	22
98		-	23
99		-	24
100		-
101		-	Section 3275. A. There is hereby created the Oklahoma State
102		-	University Medical Authority, an agenc y of the State of Oklahoma, a
103		-	body corporate and politic, with powers of government and with the
104		-	authority to exercise the rights, privileges a nd functions as
105		-	specified in the Oklahoma State University Medical Authority Act.
106		-	The Oklahoma State University Medical Authority is covered by the
107		-	Governmental Tort Claims Act.
108		-	B. The Authority shall consist of seven (7) eight (8) members
109		-	as follows:
110		-	1. One member shall be appointed by the Governor, with the
111		-	advice and consent of the Senate;
112		-	2. One member shall be appointed by the President Pro Tempore
113		-	of the Oklahoma State Senate;
114		-	3. One member shall be appointed by the Speaker of the Oklahoma
115		-	House of Representatives;
116		-	4. One member shall be the Chief Executive Officer of the
117		-	Oklahoma Health Care Authority, or a designee;
118		-	5. One member shall be the President of the Oklahoma State
119		-	University Center for Health Sciences;
120		-	6. One member to shall be appointed by the President o f
121		-	Oklahoma State University who shall be the Chief Exe cutive Officer
122		-	of any entity, other than the Oklahoma State University Medical
123		-	Trust, with whom the Oklahoma State University College of
124		-	Osteopathic Medicine has entered into an Academic Affiliation
125		-
126		-	HB2160 HFLR Page 3
127		-	BOLD FACE denotes Committee Amendments. 1
128		-	2
129		-	3
130		-	4
131		-	5
132		-	6
133		-	7
134		-	8
135		-	9
136		-	10
137		-	11
138		-	12
139		-	13
140		-	14
141		-	15
142		-	16
143		-	17
144		-	18
145		-	19
146		-	20
147		-	21
148		-	22
149		-	23
150		-	24
151		-
152		-	Agreement to serve as the primary site of practice and te aching
153		-	hospital for medical residen cy programs, or a designee; and
154		-	7. One member shall be a member of the Board of Regen ts for the
155		-	Oklahoma Agricultural and Mechanical Col leges, or their designee, as
156		-	selected by the Chair of the Board of Regents; and
157		-	8. One member shall be the Chief Execu tive Officer of the
158		-	Oklahoma State University Medical Authority who shall be an ex
159		-	officio, nonvoting member.
160		-	C. All appointed members shall be appointed by June 1, 2 006.
161		-	Of the members of the Authority initially appoin ted, the member
162		-	appointed by the President Pro Tempore of the Senate shall serve a
163		-	term of three (3) years; the member appointed by the Speaker of the
164		-	House of Representatives shall serve a term of two (2) years; and
165		-	the member appointed by the Governor sh all serve a term of one (1)
166		-	year. Successors Members shall be appointed for terms of three (3)
167		-	years.
168		-	D. Each member of the Authority, prior to appointment, shall be
169		-	a resident of the state and a qual ified elector.
170		-	E. Members shall be removable only for cause by the appointing
171		-	authority. Any vacancy occurring on the Authority shall be filled
172		-	by the original appointing authority.
173		-	F. The members of the Authority shall serve without
174		-	compensation but may be reimbursed for all actual and necessary
175		-	travel expenses incurred in performance of t heir duties in
176		-
177		-	HB2160 HFLR Page 4
178		-	BOLD FACE denotes Committee Amendments. 1
179		-	2
180		-	3
181		-	4
182		-	5
183		-	6
184		-	7
185		-	8
186		-	9
187		-	10
188		-	11
189		-	12
190		-	13
191		-	14
192		-	15
193		-	16
194		-	17
195		-	18
196		-	19
197		-	20
198		-	21
199		-	22
200		-	23
201		-	24
202		-
203		-	accordance with the provisions of the State Travel Reimbursement
204		-	Act.
205		-	G. All members of the Authority and administrative personnel of
206		-	the Authority shall be subject to the provisions of the Oklahoma
207		-	Ethics Commission Rules, Chapter 62 Appen dix of Title 74 of the
208		-	Oklahoma Statutes.
209		-	H. A quorum of the Authority sha ll be four (4) voting members.
210		-	The Authority shall elect a chair and vice chair from among its
211		-	members. The chair must be an appointed member of the Authority.
212		-	I. The Authority shall be exempt from the Oklahoma Central
213		-	Purchasing Act but shall be sub ject to the purchasing policies of
214		-	Oklahoma State University Center for Health Sciences and sha ll be
215		-	subject to the Oklahoma Open Meeting Act and the Oklahoma Open
216		-	Records Act, except as otherwise provided by this act. Any
217		-	information submitted to or comp iled by the Authority except for
218		-	budgetary information related to appropriations or the
219		-	appropriations process with respect to the marketing plans,
220		-	financial statements, trade secrets , research concepts, methods or
221		-	products, or any other proprietary inform ation of the Authority,
222		-	persons, firms, associations, partnerships, agencies, corporations,
223		-	institutions of higher education, nonprofit research inst itutions or
224		-	other entities shall b e confidential, except to the extent that the
225		-	person or entity which prov ided the information or which is the
226		-	subject of the information consents to disclosure. Execut ive
227		-
228		-	HB2160 HFLR Page 5
229		-	BOLD FACE denotes Committee Amendments. 1
230		-	2
231		-	3
232		-	4
233		-	5
234		-	6
235		-	7
236		-	8
237		-	9
238		-	10
239		-	11
240		-	12
241		-	13
242		-	14
243		-	15
244		-	16
245		-	17
246		-	18
247		-	19
248		-	20
249		-	21
250		-	22
251		-	23
252		-	24
253		-
254		-	sessions may be held to discuss such materials if deemed necessary
255		-	by the Authority.
256		-	J. The Authority may hold meetings by videoconference where
257		-	each member of the public body is visible and audible to each other
258		-	and the public through a v ideo monitor at the designated meeting
259		-	site and online website, sub ject to the following :
260		-	1. Each public meeting held by videoconference shall be
261		-	recorded either by written , electronic, or other means;
262		-	2. The meeting notice and agenda prepared in advance of the
263		-	meeting, as required by law, shall indica te at least one
264		-	videoconferencing location and shal l state the location, address,
265		-	and telephone number of each available vid eoconference site and
266		-	provide the online website address to view the meeting ; and
267		-	3. The meeting agenda prepared in advance of the meeting, as
268		-	required by law, shall indicate which m embers of the Authority will
269		-	appear by video conference and which members will be present at the
270		-	designated meeting site.
271		-	SECTION 2. AMENDATORY 63 O.S. 2021, Section 3276, is
272		-	amended to read as follows:
273		-	Section 3276. A. On and after July 1, 2006, the The Authority
274		-	shall have the power and duty to:
275		-	1. Adopt bylaws and promulgate rules for the regulation of its
276		-	affairs and the conduct of its business;
277		-	2. Adopt an official seal;
278		-
279		-	HB2160 HFLR Page 6
280		-	BOLD FACE denotes Committee Amendments. 1
281		-	2
282		-	3
283		-	4
284		-	5
285		-	6
286		-	7
287		-	8
288		-	9
289		-	10
290		-	11
291		-	12
292		-	13
293		-	14
294		-	15
295		-	16
296		-	17
297		-	18
298		-	19
299		-	20
300		-	21
301		-	22
302		-	23
303		-	24
304		-
305		-	3. Maintain an office at a location to be determine d by the
306		-	Authority;
307		-	4. Sue and be sued, subject to the provisions of The
308		-	Governmental Tort Claims Act;
309		-	5. Enter into cooperative agreements with th e Board of Regents
310		-	for the Oklahoma Agricultural and Mechanical Colleges for
311		-	educational programs, professi onal staffing, research and other
312		-	medical activities;
313		-	6. Make and enter into all contracts necessary or incidental to
314		-	the performance of its duties and the execution of its powers
315		-	pursuant to the Oklahoma State University Medical Authority Act;
316		-	7. Purchase or lease equipment, furniture, materials and
317		-	supplies, and incur such other expenses as may be necessary to
318		-	maintain and operate hospitals or clin ics, or to discharge its
319		-	duties and responsibilities or to make any of its powers effective;
320		-	8. Acquire by purchase, lease, gift, or by any other manner,
321		-	and to maintain, use and operate or to contract for the maintenance,
322		-	use and operation of or lease of any and all property of any kind,
323		-	real, personal, or mixed or any interest therein unless otherwise
324		-	provided by the Oklahoma State University Medical Authority Act;
325		-	9. Appoint such officers, agents and employees, including but
326		-	not limited to attorneys, a s it deems necessary and to prescribe
327		-	their duties and to fix their compensation;
328		-
329		-	HB2160 HFLR Page 7
330		-	BOLD FACE denotes Committee Amendments. 1
331		-	2
332		-	3
333		-	4
334		-	5
335		-	6
336		-	7
337		-	8
338		-	9
339		-	10
340		-	11
341		-	12
342		-	13
343		-	14
344		-	15
345		-	16
346		-	17
347		-	18
348		-	19
349		-	20
350		-	21
351		-	22
352		-	23
353		-	24
354		-
355		-	10. Accept grants from t he United States of America, or from
356		-	any corporation or agency created or designed by the United States
357		-	of America, and, in connection with any grant , to enter into such
358		-	agreements as the United States of America or such corporation or
359		-	agency may require;
360		-	11. Make and issue bonds and to pledge revenues of the
361		-	Authority subject to the Oklahoma Bond Oversight and Reform Act.
362		-	Nothing in the Oklahoma Stat e University Medical Authority Act shall
363		-	authorize the issuance of any bonds of the Authority payable other
364		-	than from revenues of the Authority. Funds appropriated to the
365		-	Authority shall not be used for issuance of bonds. Authority
366		-	revenue bonds issued u nder the provisions of this act shall not at
367		-	any time be deemed to constitute a debt of the state or of any
368		-	political subdivision thereof or a pledge of the faith and credit of
369		-	the state or of any political subdivision, but such bonds shall be
370		-	payable solely from the funds herein provided. Such revenue bonds
371		-	shall contain on the face thereof a statement to the effect that
372		-	neither the state nor the Authority shall be obligated to pa y the
373		-	same or the interest thereon except from the revenues of the project
374		-	or projects for which they are issued and that neither the faith and
375		-	credit nor the taxing power of the stat e or any political
376		-	subdivision thereof is pledged, or may hereafter be pl edged, to the
377		-	payment of the principal of or the interest on such bonds. Th e
378		-	maximum amount of outstanding bonds at any time shall not exceed
379		-
380		-	HB2160 HFLR Page 8
381		-	BOLD FACE denotes Committee Amendments. 1
382		-	2
383		-	3
384		-	4
385		-	5
386		-	6
387		-	7
388		-	8
389		-	9
390		-	10
391		-	11
392		-	12
393		-	13
394		-	14
395		-	15
396		-	16
397		-	17
398		-	18
399		-	19
400		-	20
401		-	21
402		-	22
403		-	23
404		-	24
405		-
406		-	Fifty Million Dollars ($50,000,000.00) unless a greater amount is
407		-	expressly approved by the Legislature by a concurrent r esolution
408		-	adopted prior to commencing any action in anticipation of issuance
409		-	of revenue bonds of the Oklahoma State University Medical Authority
410		-	for the greater amount;
411		-	12. Provide for complete financial audits on all accounts of
412		-	the Oklahoma State Univer sity Medical Authority and to authorize
413		-	periodic audits by an indepe ndent external auditing agency. Such
414		-	audits shall be performed annually in a format approved by the State
415		-	Auditor and Inspector, and all such audits shall be submitted to the
416		-	State Auditor and Inspector for review. Such audits shall be made
417		-	in accordance with generally accepted auditing standards and
418		-	government auditing standards. Financial statements shall be
419		-	prepared in accordance with generally accepted accounting
420		-	principles. In addi tion to said audits, whenever the State Auditor
421		-	and Inspector deems i t appropriate, and at least once each five (5)
422		-	years, or upon receipt of a request to do so from the Gover nor, the
423		-	Attorney General, the President Pro Tempore of the Oklahoma State
424		-	Senate, the Speaker o f the Oklahoma House of Representatives or the
425		-	Authority, the State Auditor an d Inspector shall conduct a special
426		-	audit of the Authority;
427		-	13. Engage in long-term planning for the operation and
428		-	management of the Authority;
429		-
430		-	HB2160 HFLR Page 9
431		-	BOLD FACE denotes Committee Amendments. 1
432		-	2
433		-	3
434		-	4
435		-	5
436		-	6
437		-	7
438		-	8
439		-	9
440		-	10
441		-	11
442		-	12
443		-	13
444		-	14
445		-	15
446		-	16
447		-	17
448		-	18
449		-	19
450		-	20
451		-	21
452		-	22
453		-	23
454		-	24
455		-
456		-	14. Establish petty cash funds and provid e for appropriate
457		-	accounting procedures and controls;
458		-	15. Contract with national manufacturers and distributors of
459		-	drugs and medical supplies when app ropriate to carry out the
460		-	purposes of this act;
461		-	16. Provide funding to other entities for purposes related to
462		-	public health, teaching, re search, and the purposes of the Oklahoma
463		-	State University Medical Authority Act when provided funding for
464		-	such purposes by the Legislature;
465		-	17. Do all other things necessary and proper to implement the
466		-	provisions of the Oklahoma State University Medical Authority A ct;
467		-	17. 18. Waive, by such means as the Authority deems
468		-	appropriate, the exemption from federal income ta xation of interest
469		-	on the Authority's bonds provided by the Internal Revenue Code of
470		-	1986, as amended, or any other federal statute providing a similar
471		-	exemption;
472		-	18. 19. Arrange for guaranties or insurance of its bonds by the
473		-	federal government or by any private insurer, and to pay any
474		-	premiums therefor; and
475		-	19. 20. Make a declaration of n ecessity as provided in Section
476		-	3273 of this title. The Authority may, in its exclusive judgment,
477		-	make a declaration of necessity when such a declaration is deemed
478		-	necessary to effectuate the purposes of the Oklahoma State
479		-	University Medical Authority Act .
480		-
481		-	HB2160 HFLR Page 10
482		-	BOLD FACE denotes Committee Amendments. 1
483		-	2
484		-	3
485		-	4
486		-	5
487		-	6
488		-	7
489		-	8
490		-	9
491		-	10
492		-	11
493		-	12
494		-	13
495		-	14
496		-	15
497		-	16
498		-	17
499		-	18
500		-	19
501		-	20
502		-	21
503		-	22
504		-	23
505		-	24
506		-
507		-	B. The Oklahoma State University Medical Authority shall be
508		-	subject to the Oklahoma Budget Law of 1947.
509		-	C. The Authority shall prepare monthly a "budget vs. versus
510		-	actual" report which shows by budget activity the monthly and year-
511		-	to-date revenues and expendi tures compared to budgeted revenues and
512		-	expenditures. Such report shall b e submitted to the Office of
513		-	Management and Enterprise Services and to the Directors of t he House
514		-	of Representatives Fiscal Division and the Senate Fiscal Division.
515		-	D. The Authority shall be subject to the professional risk
516		-	management program provided for in Section 85.58A of Title 74 of the
517		-	Oklahoma Statutes.
518		-	SECTION 3. AMENDATORY 63 O.S. 2021, Section 3283, is
519		-	amended to read as follows:
520		-	Section 3283. Revenue bonds of the Oklahoma State University
521		-	Medical Authority issued pursuant to the provisions of the Oklahoma
522		-	State University Medical Authority sh all not constitute a debt of
523		-	the state or of any political subdivision thereof, or a pledge of
524		-	the full faith and credit o f the state, or of any political
525		-	subdivision thereof, but such bonds shall be payable solely from the
526		-	funds provided therefor from the Authority's revenues or
527		-	appropriated by the Legislature. The forms of the bonds so issued
528		-	shall contain on the face ther eof a statement to the effect that
529		-	neither the state nor the Authority shall be obligated to pay the
530		-	same or the interest thereon except from the re venues of the
531		-
532		-	HB2160 HFLR Page 11
533		-	BOLD FACE denotes Committee Amendments. 1
534		-	2
535		-	3
536		-	4
537		-	5
538		-	6
539		-	7
540		-	8
541		-	9
542		-	10
543		-	11
544		-	12
545		-	13
546		-	14
547		-	15
548		-	16
549		-	17
550		-	18
551		-	19
552		-	20
553		-	21
554		-	22
555		-	23
556		-	24
557		-
558		-	Authority pledged to the payment of such bonds and that neither the
559		-	faith and credit nor the t axing power of the state or any political
560		-	subdivision thereof is pledged, or may hereafter be pledged, to the
561		-	payment of the principal of or interes t on such bonds. The bonds so
562		-	issued shall be exempt from taxation by the State of Oklahoma and
563		-	any political subdivision thereof, including the income therefrom,
564		-	and any gain from the sale thereof.
565		-	SECTION 4. AMENDATORY 63 O.S. 2021, Section 3290, is
566		-	amended to read as follows:
567		-	Section 3290. A. The State of Oklahoma expressly approves t he
568		-	creation of a public trust to be named the "Oklahoma State
569		-	University Medical Trust ", of which the State of Oklahoma shall be
570		-	the beneficiary, provided such approval shall be contingent upon
571		-	satisfaction of the following conditions:
572		-	1. Finalizing of the declaration Declaration of trust Trust;
573		-	2. Adoption of the declaration Declaration of trust Trust by an
574		-	official action of the trustees of the Trust;
575		-	3. Submission of the Trust for acceptance of the beneficial
576		-	interest and approval as required by Section 177 of Title 60 of the
577		-	Oklahoma Statutes; and
578		-	4. The approved declaration of trust shall:
579		-	a. clearly state that the princ ipal purpose of the
580		-	Oklahoma State University Medical Trust is to
581		-	effectuate the purposes of the Oklahoma State
582		-
583		-	HB2160 HFLR Page 12
584		-	BOLD FACE denotes Committee Amendments. 1
585		-	2
586		-	3
587		-	4
588		-	5
589		-	6
590		-	7
591		-	8
592		-	9
593		-	10
594		-	11
595		-	12
596		-	13
597		-	14
598		-	15
599		-	16
600		-	17
601		-	18
602		-	19
603		-	20
604		-	21
605		-	22
606		-	23
607		-	24
608		-
609		-	University Medical Authority as established in the
610		-	Oklahoma State University Medical Authority Act,
611		-	b. except as otherwise provided by law, prov ide that the
612		-	title to real property held by the Oklahoma State
613		-	University Medical Authority shall not be transferred,
614		-	conveyed, or assigned to the Oklahoma State Unive rsity
615		-	Medical Trust without the express consent of the
616		-	Legislature as the governing entit y of the beneficiary
617		-	pursuant to Section 176 of Title 60 of the Oklahoma
618		-	Statutes,
619		-	c. provide that any indebtedness incurred by the Oklahoma
620		-	State University Medical T rust or the trustees of the
621		-	Trust shall not be secured with or create a lien upon
622		-	real property to which title is held by the Oklahoma
623		-	State University Medical Authority and shall not
624		-	involve the bonding capacity of the Oklahoma State
625		-	University Medical Au thority,
626		-	d. provide that the trust estate of the Oklahoma State
627		-	University Medical Trust shall not include fee simple
628		-	title to real property owned by the Oklahoma State
629		-	University Medical Authority,
630		-	e. clearly state that the creation of the Oklahoma State
631		-	University Medical Trust shall not in any way reduce,
632		-	limit or interfere with the power g ranted to the
633		-
634		-	HB2160 HFLR Page 13
635		-	BOLD FACE denotes Committee Amendments. 1
636		-	2
637		-	3
638		-	4
639		-	5
640		-	6
641		-	7
642		-	8
643		-	9
644		-	10
645		-	11
646		-	12
647		-	13
648		-	14
649		-	15
650		-	16
651		-	17
652		-	18
653		-	19
654		-	20
655		-	21
656		-	22
657		-	23
658		-	24
659		-
660		-	Oklahoma State University Medical Authority in the
661		-	Oklahoma State University Medical Authority Act,
662		-	f. provide that any lease or contractual agreement
663		-	involving use of the real property to which title is
664		-	held by the Oklahoma State University Medical
665		-	Authority and any improvements thereto shall contain a
666		-	provision and covenants requiring the proper
667		-	maintenance and upkeep of the real property and
668		-	improvements,
669		-	g. provide that the trustees of the Oklahoma State
670		-	University Medical Trust shall be t he acting members
671		-	of the Oklahoma State University Medical Authority as
672		-	provided in the Oklahoma State University Medical
673		-	Authority Act, and
674		-	h. provide that the truste es of the Oklahoma State
675		-	University Medical Trust shall have the duty to submit
676		-	an annual report to the Governor, the President Pro
677		-	Tempore of the Senate and the Speaker of the House of
678		-	Representatives. The report shall be submitted by
679		-	January 1 of each year and shall include an account of
680		-	all operations, actions of the Trust, account of all
681		-	revenue received and disbursed by the Trust for the
682		-	previous fiscal year. The report shall also provide a
683		-	complete accounting of how the Trust meets its primary
684		-
685		-	HB2160 HFLR Page 14
686		-	BOLD FACE denotes Committee Amendments. 1
687		-	2
688		-	3
689		-	4
690		-	5
691		-	6
692		-	7
693		-	8
694		-	9
695		-	10
696		-	11
697		-	12
698		-	13
699		-	14
700		-	15
701		-	16
702		-	17
703		-	18
704		-	19
705		-	20
706		-	21
707		-	22
708		-	23
709		-	24
710		-
711		-	function of effectuating the purposes of the Oklahoma
712		-	State University Medical Authority, as e stablished in
713		-	the Oklahoma State University Medical Authority Act.
714		-	B. The Oklahoma State University Medical Trust shall require
715		-	any agreements which it enters into wi th any entity pursuant to
716		-	Section 22 3292 of this act title for the operations of facilities
717		-	leased by the Oklahoma State University Medical Authority to the
718		-	Trust to include, but not be limited to:
719		-	1. The inclusion of all the members of the Trust, except the
720		-	Chief Executive Officer of the Oklahoma Health Care Authority, as
721		-	five of the six members repre senting the State of Oklahoma in a
722		-	governing committee, and the sixth member of the governing committee
723		-	representing the State of Oklahoma to be designated by the President
724		-	of Oklahoma State University;
725		-	2. Binding arbitration shall not be required by such agreements
726		-	for resolving issues under consideration by the governing committee;
727		-	and
728		-	3. Major decisions shall be resolved by the governing
729		-	committee, and approval of any major dec ision by the governing
730		-	committee must include the approval of a majority of the state
731		-	appointees and the approval of a majority of the private entity
732		-	appointees to the governing committee. Major decisions shall
733		-	include:
734		-	a. approval of the operating and ca pital budgets,
735		-
736		-	HB2160 HFLR Page 15
737		-	BOLD FACE denotes Committee Amendments. 1
738		-	2
739		-	3
740		-	4
741		-	5
742		-	6
743		-	7
744		-	8
745		-	9
746		-	10
747		-	11
748		-	12
749		-	13
750		-	14
751		-	15
752		-	16
753		-	17
754		-	18
755		-	19
756		-	20
757		-	21
758		-	22
759		-	23
760		-	24
761		-
762		-	b. sale or disposition of assets over Two Five Hundred
763		-	Fifty Thousand Dollars ($250,000.00) ($500,000.00),
764		-	c. the termination or transfer or material addition or
765		-	material diminution of medical services at the
766		-	Oklahoma State University Medica l Center related to
767		-	and part of a teaching program of the Oklahoma State
768		-	University Center for Health Sciences, and
769		-	d. other major decisions as may be agreed upon b y the
770		-	Trust and the private entity.
771		-	C. To the extent it is determin ed by legislative enactm ent that
772		-	the Trust has expended funds in contravention of its mission as set
773		-	forth in this section, the Trust shall remit, upon thirty (30) days'
774		-	written notice from the Oklahoma State University Medical Authority,
775		-	such sum or sums to the Oklahoma State Un iversity Medical Authority.
776		-	D. In the event the Trust enters into a joint v enture or
777		-	acquires an interest in a not-for-profit entity to effectuate the
778		-	administration of the mission of the Trust, that entity shall not be
779		-	subject to the Oklahoma Open Meetin g Act and the Oklahoma Open
780		-	Records Act. Any information submitted to or co mpiled by the Trust
781		-	with respect to marketing plans, financial statements, trade
782		-	secrets, research concepts, methods or products or any other
783		-	proprietary information submitted to o r compiled by the Trust,
784		-	persons, firms, associations, partnerships, agencie s, corporations,
785		-	institutions of higher education, nonprofit research institutions or
786		-
787		-	HB2160 HFLR Page 16
788		-	BOLD FACE denotes Committee Amendments. 1
789		-	2
790		-	3
791		-	4
792		-	5
793		-	6
794		-	7
795		-	8
796		-	9
797		-	10
798		-	11
799		-	12
800		-	13
801		-	14
802		-	15
803		-	16
804		-	17
805		-	18
806		-	19
807		-	20
808		-	21
809		-	22
810		-	23
811		-	24
812		-
813		-	other entities shall be confidential, except to the extent that the
814		-	person or entity which provided such information or which is the
815		-	subject of such information consents to disclosure. Executive
816		-	sessions may be held to discuss such materials if deemed neces sary
817		-	by the Trust. The provisions of this subsection shall not appl y to
818		-	budgetary information related to appropriations or the
819		-	appropriations process.
820		-	E. The Trust may hold meetings by videoconference where each
821		-	member of the public body is visible and audible to each other and
822		-	the public through a video monito r at the designated meeting site
823		-	and online website, subject to the following:
824		-	1. Each public meeting held by v ideoconference shall be
825		-	recorded either by written, electronic, or other means;
826		-	2. The meeting notice and agenda prepared in advance of the
827		-	meeting, as required by law, shall in dicate at least one
828		-	videoconferencing location and shall state the location, ad dress,
829		-	and telephone number of each available videoconference site and
830		-	provide the online website address to view the meeting ; and
831		-	3. The meeting agenda prepared in advance of the meeting, as
832		-	required by law, shall indicate which members of the Authority w ill
833		-	appear by video conference and which will be present at the
834		-	designated meeting site.
835		-
836		-	HB2160 HFLR Page 17
837		-	BOLD FACE denotes Committee Amendments. 1
838		-	2
839		-	3
840		-	4
841		-	5
842		-	6
843		-	7
844		-	8
845		-	9
846		-	10
847		-	11
848		-	12
849		-	13
850		-	14
851		-	15
852		-	16
853		-	17
854		-	18
855		-	19
856		-	20
857		-	21
858		-	22
859		-	23
860		-	24
861		-
862		-	SECTION 5. NEW LAW A new section of law to be codified
863		-	in the Oklahoma Statutes as Section 103.9 of Title 61, unless there
864		-	is created a duplication in numbering, reads as follows:
865		-	A. The Oklahoma State University Medical Authority and the
866		-	Oklahoma State University Medical Trust shall be, to the extent not
867		-	already authorized by law, exempt from the Public Competitive
868		-	Bidding Act of 1974 for the purposes of the constructing of clinical
869		-	facilities in furtherance of the purposes authorized by the Oklahoma
870		-	State University Medical Authority Act.
871		-	B. As used in this section, "clinical facilities" means any
872		-	facility where the majority of the ac tivity occurring is the
873		-	delivery of direct patient care services either in person or via
874		-	telehealth technology .
875		-	SECTION 6. NEW LAW A new section of law to be codified
876		-	in the Oklahoma Statutes as Section 3294 of Title 63, unless there
877		-	is created a duplication in numbering, reads as follows:
878		-	A. The Oklahoma State University Medical Authority and the
879		-	Oklahoma State University Medical Trust shall be, to the extent not
880		-	already authorized by law, exempt from the Public Competitive
881		-	Bidding Act of 1974 for the purposes of the constructing of clinical
882		-	facilities in furtherance of the purposes authorized by the Oklahoma
883		-	State University Medical Authority Act.
884		-	B. As used in this section, "clinical facilities" means any
885		-	facility where the majority of the ac tivity occurring is the
886		-
887		-	HB2160 HFLR Page 18
888		-	BOLD FACE denotes Committee Amendments. 1
889		-	2
890		-	3
891		-	4
892		-	5
893		-	6
894		-	7
895		-	8
896		-	9
897		-	10
898		-	11
899		-	12
900		-	13
901		-	14
902		-	15
903		-	16
904		-	17
905		-	18
906		-	19
907		-	20
908		-	21
909		-	22
910		-	23
911		-	24
912		-
913		-	delivery of direct patient care services either in person or via
914		-	telehealth technology.
915		-	SECTION 7. REPEALER 63 O.S. 2021, Sections 3287 and
916		-	3291, are hereby repealed.
917		-	SECTION 8. This act shall become effective November 1, 2023.
918		-
919		-	COMMITTEE REPORT BY: COMMITTEE ON HIGHER EDUCATION AND CAREER TECH,
920		-	dated 02/28/2023 - DO PASS, As Amended.
	55	+	59-1-5481 TJ 12/19/22