Oklahoma 2024 Regular Session

Oklahoma House Bill HB2863 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	30	+	April 12, 2023
	31	+	AS AMENDED
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	33	+	ENGROSSED HOUSE
3	34		BILL NO. 2863 By: Wallace and Moore of the
4	35		House
5	36
6	37		and
7	38
8	39		Kidd of the Senate
9	40
10	41
11	42
12		-	An Act relating to veterinary medicine; creating the
13		-	Oklahoma State University Veterina ry Medicine
14		-	Authority Act; titling and providing reference for
15		-	the act; defining terms; announcing mission,
16		-	purposes, and legislative findings ; declaring that
17		-	certain power to govern be retained by certain board
18		-	of regents; requiring certain hospitals, clinics, and
19		-	facilities be subject to certain requir ements,
20		-	provide certain services, and participate in certain
21		-	programs; creating the Oklahoma State University
22		-	Veterinary Medicine Authority (OSUVMA) as an agency
23		-	of the state; providing for alternative name and
24		-	site; providing powers, duties, limitations a nd
25		-	prohibitions on certain actions; providing Authority
26		-	membership, appointing authority, membership te rm
27		-	lengths, eligibility requiremen ts, removal
28		-	conditions, and appointment procedure for vacancies;
29		-	establishing quorum requirements and organizational
30		-	requirements; exempting Authority from certain
31		-	requirements and acts; making Authority subject to
32		-	certain requirements and acts; providing powers and
33		-	duties; requiring certain reports be provided to
34		-	certain entities at certain intervals ; providing for
35		-	the establishment of initial operations and
36		-	organization; authorizing certain contract ing;
37		-	authorizing certain types of property acquisition ,
38		-	leasing, and disposal; authorizing the hire and
39		-	employ of various positions; acce pt grants; issue
40		-	revenue bonds under certain conditions and
41		-	limitations; making bonding authority subject to a
42		-	maximum outstanding bond cap; authorizing certain
43		-	limiting interest rate; limiting term of issuanc es;
44		-	requiring approval of certain fees and expenses ;
45		-	providing for replace ment of certain bonds; allowing
46		-	issuance of bonds without certain consent; ENR. H. B. NO. 2863 Page 2
47		-	authorizing refunding of bonds; requiring certain
48		-	involvement by Attorney General in issuance of bonds
49		-	of Authority; authorizing certain declaratory
50		-	judgment action in Supreme Court; providing for
51		-	validation proceeding for bonds; providing for
52		-	certain legal characteristics of bonds; requiring
53		-	certain notices; clarifying liability for such
54		-	issuances; requiring certain audits comply with
55		-	certain standards; establish ing a petty cash fund;
56		-	authorizing certain declaration of necessity; making
57		-	Authority subject to certain budget ary requirements;
58		-	limiting certain contractual agreements; providing
59		-	for investment of certai n funds; creating the
60		-	Oklahoma State University Veterinary Medicine
61		-	Authority Agency Special Account; providing account
62		-	nature; providing certain revenues be deposited to
63		-	account; requiring blanket bond coverage complying
64		-	with certain conditions; creating the Oklahoma State
65		-	University Veterinary Medicine Authority Disbursing
66		-	Fund; providing fund nature; authorizing the
67		-	budgeting and expenditure of funds for certain
68		-	purposes by certain entity; creating the Oklahoma
69		-	State University Veterinary Medicine Authority
70		-	Marketing Revolving Fund ; providing fund nature;
71		-	authorizing the budgeting and e xpenditure of funds
72		-	for certain purposes by certain entit y; requiring
73		-	certain fraction of operating budget be dedica ted to
74		-	fund; authorizing certain traffic and parking
75		-	regulation by Authority; requiring regulation be
76		-	accomplished pursuant to certain proce dures;
77		-	authorizing Authority to place certain persons on
78		-	payroll and provide certain benefit s; approving
79		-	creation of Oklahoma State University Veterinary
80		-	Medical Trust contingent on certain conditions;
81		-	requiring certain provisions to be included in
82		-	certain agreements; requiring approval of contingency
83		-	review board for certain agreement; authorizing
84		-	certain transfer of property; providing for reversion
85		-	of property in certain circumstance; authorizing
86		-	certain agreement; authorizing certain lease
87		-	agreements under certain conditions and limitations;
88		-	creating the Oklahoma State University Veterinary
89		-	Medical Trust Revolving Fund; providing fund nature;
90		-	authorizing the budgeting and expenditure of funds
91		-	for certain purposes by certain entity; providing for ENR. H. B. NO. 2863 Page 3
92		-	codification; providing an effective date; and
93		-	declaring an emergency.
94	43
95		-	SUBJECT: Veterinary medicine
	44	+
	45	+	[ veterinary medicine - power to govern - Oklahoma
	46	+	State University Veterinary Medicine Authority -
	47	+	membership - powers and duties - reports -
	48	+	contracting - property - grants - bonds - bonding
	49	+	authority - interest rate - fees and expenses -
	50	+	judgment - notices - audits - agreements - funds -
	51	+	account - procedures - payroll - conditions -
	52	+	codification - effective date -
	53	+	emergency ]
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96	56
97	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
98		-
99	58		SECTION 1. NEW LAW A n ew section of law to be codified
100	59		in the Oklahoma Statutes as Section 4001 of Title 2, unless there is
101	60		created a duplication in numbering, reads as follows:
102		-
103	61		This act shall be known and may be cited as the "Oklahoma State
104	62		University Veterinary Medicine Authority Act".
105		-
106	63		SECTION 2. NEW LAW A new section of law to be c odified
107	64		in the Oklahoma Statutes as Section 4002 of Title 2, unless there is
108	65		created a duplication in numbering, reads as follows:
109	66
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110	93		As used in the Oklahoma State University Veterinary Medicine
111	94		Authority Act:
112		-
113	95		1. "Academic affiliation agreement" means an agreement between
114	96		the Oklahoma State University College of Veterinary Medicine and an
115	97		entity providing facilities, equipment , and support for the
116	98		veterinary medicine education programs of the Oklahoma State
117	99		University College of Veterinary Medicine ;
118		-
119	100		2. "Animal patient" means a large or small animal patient
120	101		receiving care from an Oklahoma State University Veterinary Medicine
121	102		trainee, intern, resident, or full-time or part-time veterinary
122	103		medicine trainer;
123		-
124	104		3. "Animal teaching hospital" means a hospital designated for
125	105		the training and preparation of veterinarians or a component of a
126	106		veterinary training program , affiliated with the Oklahoma State
127	107		University College of Veterinary Med icine;
128		-
129	108		4. "Declaration of necessity" means an official action of the
130	109		Oklahoma State University Veterinary Medicine Authority to fulfill
131	110		the terms of an academic affiliation, statutory provisions or other
132	111		agreement or to provide facilities, financing or an y other general
133	112		support to enhance the stability, quality or otherwise furtherance
134	113		of the veterinary medicine education programs of the Oklahoma State
135	114		University College of Veterinary Medicine or to provide for the
136		-	safety of the public related to animal di sease and testing; and ENR. H. B. NO. 2863 Page 4
	115	+	safety of the public related to animal di sease and testing; and
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137	142
138	143		5. "Veterinary medicine programs" means educational programs
139	144		meeting the guidelines of the American Veterinary Medical
140	145		Association (AVMA) Council on Education (COE) offered through or as
141	146		an extension of Oklahoma State University or the Oklahoma State
142	147		University College of Veterinary Medicine in cooperation with a n
143	148		animal teaching hospital, animal diagnostic testing center or
144	149		clinic, or other animal health care provider.
145		-
146	150		SECTION 3. NEW LAW A new section of law t o be codified
147	151		in the Oklahoma Statutes as Section 4003 of Title 2, unless there is
148	152		created a duplication in numbering, reads as follows:
149		-
150	153		A. The purposes of the Oklahoma State University Veterinary
151	154		Medicine Authority Act are to provide for an effective and efficient
152	155		administration, to ensure a dependable source of funding, and to
153	156		effectuate the mission and purposes of the Oklahoma State University
154	157		Veterinary Medicine Authority . The mission and purposes of the
155	158		Oklahoma State University Veterinary Medicine A uthority are to
156	159		support and upon a declaration of necessity, to serve as teaching
157	160		and training facilities for students enrolled at the Oklahoma State
158	161		University College of Veterinary Medicine , upon a declaration of
159	162		necessity, to acquire and provide a site for conducting veterinary
160	163		medical and biomedical research by faculty members of Ok lahoma State
161	164		University, to facilitate and upon a declaration of necessity , to
162	165		provide care for the animal patients of Oklahoma State University
163	166		College of Veterinary Medicin e veterinarian trainers and upon a
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164	194		declaration of necessity to provide support or the safety of the
165	195		public related to animal disease and testing. The Oklahoma State
166	196		University Veterinary Medicine Authority shall maintain a close
167	197		affiliation with the Oklah oma State University College of Veterinary
168	198		Medicine and shall coordinate their ope rations and activities in a
169	199		cooperative manner.
170		-
171	200		B. The Legislature finds that the needs of the citizens of this
172	201		state and the needs of the Oklahoma State University College of
173	202		Veterinary Medicine will be best served by an Authority charged with
174	203		the mission of supporting the Veterinary Medicine Education programs
175	204		of the Oklahoma State University College of Veterinary Medicine ,
176	205		entering into academic affiliation agreements in support of Oklahoma
177	206		State University veterinarian training programs, operating or
178	207		leasing the operations of the teaching animal hospital or hospitals
179	208		for the benefit of the Oklahoma State University College of
180	209		Veterinary Medicine and providing care for the animal patients of
181		-	Oklahoma State University veterinarian trainers. ENR. H. B. NO. 2863 Page 5
182		-
	210	+	Oklahoma State University veterinarian trainers.
183	211		C. The Board of Regents for the Oklahoma Agricultural and
184	212		Mechanical Colleges shall retain full power to govern the personnel,
185	213		curriculum, and facilities of the Oklahoma State University College
186	214		of Veterinary Medicine .
187		-
188	215		SECTION 4. NEW LAW A new s ection of law to be codified
189	216		in the Oklahoma Statutes as Section 4004 of Title 2, unless there is
190	217		created a duplication in numbering, reads as follows:
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191	244
192	245		A. Any hospital or clinic purchased, leased or constructed by
193	246		the Oklahoma State University Veterinary Medicine Authority shall be
194	247		operated as an animal hospital or clinic and shall be licensed or
195	248		accredited by the appropriate entities . Provided, the Secretary of
196	249		Agriculture may waive any such standards, requirements , and
197	250		essentials as the Secretary deems necessary.
198		-
199	251		B. Any such animal hospital or clinic may provide services and
200	252		receive payments from animal health care insurance companies and any
201	253		state or federal reimbursement programs.
202		-
203	254		C. Any such animal hospital or clinic shall be available as
204	255		teaching and training facilities for the Oklahoma State University
205	256		College of Veterinary Medicine , for other animal patient and
206	257		educational facilities , and may also provide animal patient care for
207	258		research purposes.
208		-
209	259		SECTION 5. NEW LAW A new se ction of law to be codified
210	260		in the Oklahoma Statutes as Section 4005 of Title 2, unless there is
211	261		created a duplication in numbering, reads as follows:
212		-
213	262		A. There is hereby cre ated the Oklahoma State University
214	263		Veterinary Medicine Authority, known and cited also as "OSUVMA", an
215	264		agency of the State of Oklahoma, a body corporate and politic, with
216	265		powers of government and with the authority to exercise the rights,
217	266		privileges, and functions as specified in the Oklahoma State
218	267		University Veterinary Medicine Authori ty Act. The Oklahoma State
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219	295		University Veterinary Medicine Authority is covered by the
220	296		Governmental Tort Claims Act.
221		-
222	297		B. The Authority shall consist of eight (8) members as follows:
223		-
224	298		1. One member shall be appointed by the Governor, with the
225	299		advice and consent of the Oklahoma State Senate;
226		-	ENR. H. B. NO. 2863 Page 6
227	300		2. One member shall be appointed by the Speaker of the Oklahoma
228	301		House of Representatives;
229		-
230	302		3. One member shall be appointed by the President Pro Tempore
231	303		of the Oklahoma State Senate;
232		-
233	304		4. One member shall be the Dean of the Oklahoma State
234	305		University College of Veterinary Medicine;
235		-
236	306		5. One member to be appointed from the veterinarian community
237	307		by the President of Oklahoma State University;
238		-
239	308		6. One member shall be a member of the Board of Regents for the
240	309		Oklahoma Agricultural and Mecha nical Colleges;
241		-
242	310		7. One member shall be appointed by the Chair of the Board of
243	311		Regents for the Oklahoma Agricultural and Mechanical Colleges ; and
244		-
245	312		8. One ex-officio, non-voting member shall be the Chief
246	313		Executive Officer of the Oklah oma State University Veterinary
247	314		Medicine Authority who shall be appointed by the Pres ident of
248	315		Oklahoma State University .
249		-
250	316		C. All appointed members shall be appointed by Ju ly 1, 2023.
251	317		Of the members of the Authority initially appointed, the member
252	318		appointed by the President Pro Tempore of the Senate shall serve a
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253	346		term of three (3) years; the member appointed by the Speaker of the
254	347		House of Representatives shall serve a term of two (2) years; and
255	348		the member appointed by the Governor shall serve a term of one (1)
256	349		year. Successors shall be appointed for terms of three (3) years.
257		-
258	350		D. Each member of the Authority, prior to appointment, shall be
259	351		a resident of the state and a qualified elector. Each member of the
260	352		Authority shall possess dual office holding exemptio n privileges and
261	353		shall be exempt from any statutory dual office holding prohibition s.
262		-
263	354		E. Members shall be removable only for cause by the appointing
264	355		authority. Any vacancy occurring on the Authority s hall be filled
265	356		by the original appointing authority.
266		-
267	357		F. The members of the Authority shall serve without
268	358		compensation but may be reim bursed for all actual and necessary
269	359		travel expenses incurred in performance of their duties in
270	360		accordance with the provisi ons of the State Travel Reimbursement
271		-	Act. ENR. H. B. NO. 2863 Page 7
272		-
	361	+	Act.
273	362		G. All members of the Authority and administrative personnel of
274	363		the Authority shall be subject to the provisions of the Oklahoma
275	364		Ethics Commission Rules, Chapter 62 Appendix of Title 74 of the
276	365		Oklahoma Statutes.
277		-
278	366		H. A quorum of the Authority shall be four (4) voting members.
279	367		The Authority shall elect a chair and vice-chair from among its
280	368		members.
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281	395
282	396		I. The Authority shall be exempt from the Oklahoma Central
283	397		Purchasing Act but shall be subject to the purchasing polic ies of
284	398		Oklahoma State University and shall be subject to the Oklahoma Open
285	399		Meeting Act and the Oklahoma Open Records Act, except as otherwise
286	400		provided by this act. Any information submitted to or compiled by
287	401		the Authority except for budgetary information related to
288	402		appropriations or the appropriations proces s with respect to the
289	403		marketing plans, financial statements, trade secrets, research
290	404		concepts, methods or products, or any other proprietary information
291	405		of the Authority, persons, firms, associations, p artnerships,
292	406		agencies, corporations, institutions of h igher education, nonprofit
293	407		research institutions or other entities shall be confidential,
294	408		except to the extent that the person or entity which provided the
295	409		information or which is the subject of the information consents to
296	410		disclosure. Executive sessions m ay be held to discuss such
297	411		materials if deemed necessary by the Authority.
298		-
299	412		SECTION 6. NEW LAW A new section of law to be codified
300	413		in the Oklahoma Statutes as Section 4006 of Title 2, unless there is
301	414		created a duplication in numberin g, reads as follows:
302		-
303	415		A. On and after July 1, 2023, the Authority shall have the
304	416		power and duty to:
305		-
306	417		1. Adopt bylaws and promulgate rules for the regulation of its
307	418		affairs and the conduct of its busines s;
	419	+	2. Adopt an official seal;
308	420
309		-	2. Adopt an official seal;
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311	447		3. Maintain an office at a location to be determined by the
312	448		Authority;
313		-
314	449		4. Sue and be sued, subject to the provision s of the
315	450		Governmental Tort Claims Act;
316		-	ENR. H. B. NO. 2863 Page 8
317	451		5. Enter into cooperative agreements with the Board of Regents
318	452		for the Oklahoma Agricultural and Mechanical Colleges and/or other
319	453		Oklahoma State University agencies, authorities, trusts or entities
320	454		for educational programs, professional staffing, research and other
321	455		veterinary activities;
322		-
323	456		6. Make and enter into all contrac ts necessary or incidental to
324	457		the performance of its d uties and the execution of its powers
325	458		pursuant to the Oklahoma State University Veterinary Medicine
326	459		Authority Act;
327		-
328	460		7. Purchase or lease equipment, furniture, materials and
329	461		supplies, and incur such othe r expenses as may be necessary to
330	462		maintain and operate animal hospitals or clinics, or to discharge
331	463		its duties and responsibilities or to ma ke any of its powers
332	464		effective;
333		-
334	465		8. Acquire by purchase, lease, gift, or by any other manner,
335	466		and to maintain, use a nd operate or to contract for the maintenance,
336	467		use and operation of or lease of any and all property of any kind,
337	468		real, personal, or mixed or any interest therein unless otherwise
338	469		provided by the Oklahoma State University Veterinary Medicine
339	470		Authority Act;
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341	498		9. Appoint such officers, agents , and employees, including but
342	499		not limited to attorneys, as it deems necessary and to prescribe
343	500		their duties and to fix their compensation;
344		-
345	501		10. Accept grants from the United States of America, or from
346	502		any corporation or a gency created or designed by the United States
347	503		of America, and, in connection with any grant, to enter into such
348	504		agreements as the United States of America or such corporation or
349	505		agency may require;
350		-
351	506		11. Make and issue bonds and to pledge revenues of the
352	507		Authority subject to the Oklahoma Bond Oversight and Reform Act.
353	508		Nothing in the Oklahoma State University Veterinary Medicine
354	509		Authority Act shall authorize the issuance of any bonds of the
355	510		Authority payable other than from revenues of the Authority.
356	511		Authority revenue bonds issued under the provisions of this act
357	512		shall not at any time be deemed to constitute a debt of the state or
358	513		of any political subdivision thereof , or a pledge of the faith and
359	514		credit of the state or of any political subdivision, but suc h bonds
360	515		shall be payable solely from the funds he rein provided. Such
361		-	revenue bonds shall contain on the face thereof a statement to the ~~ENR. H. B. NO. 2863 Page 9~~
	516	+	revenue bonds shall contain on the face thereof a statement to the
362	517		effect that neither the state nor the Authority shall be obligated
363	518		to pay the same or the interest thereon except from the revenues of
364	519		the project or projects for which they are issued and that ne ither
365	520		the faith and credit nor the taxing power of the state o r any
366	521		political subdivision thereof is pledged, or may hereafter be
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367	549		pledged, to the payment of the principal of or th e interest on such
368	550		bonds. The maximum amount of o utstanding bonds at any tim e shall
369	551		not exceed Fifty Million Dollars ($50,000,000.00) unle ss a greater
370	552		amount is expressly approved by the Legislature by a concurrent
371	553		resolution adopted prior to commencing a ny action in anticipation of
372	554		issuance of revenue b onds of the Oklahoma State University
373	555		Veterinary Medicine Authority for the greater amoun t;
374		-
375	556		12. Provide for complete financial audits on all accounts of
376	557		the Oklahoma State University Veterinary Medicine Au thority and to
377	558		authorize periodic audits by an in dependent external auditing
378	559		agency. Such audits shall be performed annually in a format
379	560		approved by the State Auditor and Inspector, and all such audits
380	561		shall be submitted to the State Auditor and Inspector for review.
381	562		Such audits shall be made in accorda nce with generally accepted
382	563		auditing standards and government auditing standards. Financ ial
383	564		statements shall be prepared in accordance with generally accepted
384	565		accounting principles;
385		-
386	566		13. Engage in long-term planning for the operation and
387	567		management of the Authority;
388		-
389	568		14. Establish petty cash funds and provide for appropriate
390	569		accounting procedures and controls;
391		-
392	570		15. Contract with national manufacturers and distributors of
393	571		drugs and medical supplies when appro priate to carry out the
394	572		purposes of this act;
395	573
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396	600		16. Do all other things necess ary and proper to implement the
397	601		provisions of the Oklahoma State University Veterinary Medicine
398	602		Authority Act;
399		-
400	603		17. Provide funding to other entities related to public health,
401	604		animal health, teaching, research, and the purposes of the Oklahoma
402	605		State Veterinary Medicine Authority Act when provided funding for
403	606		such purposes by the Legislature;
404		-
405	607		18. Waive, by such means as the Authority deems appropriate,
406		-	the exemption from ~~fed eral income~~ taxation of interest on the ~~ENR. H. B. NO. 2863 Page 10~~
	608	+	the exemption from federal inc ome taxation of interest on the
407	609		Authority's bonds provided by the Internal Revenue Code of 1986, as
408	610		amended, or any other federal statute providing a similar exemption;
409		-
410	611		19. Arrange for guaranties or insur ance of its bonds by the
411	612		federal government or by a ny private insurer, and to pay any
412	613		premiums therefor; a nd
413		-
414	614		20. Make a declaration of necessity as provided in Section 3 of
415	615		this act. The Authority may, in its exclusive judgment, make a
416	616		declaration of necessity when such a declaration is deemed necessary
417	617		to effectuate the purposes of the Oklahoma State Univer sity
418	618		Veterinary Medicine Authority Act.
419		-
420	619		B. The Oklahoma State University Veterinary Medicine Authority
421	620		shall be subject to the Oklahoma State Finance Act.
422		-
423	621		C. The Authority shall prepare monthly a "budget vs. actual"
424	622		report which shows by budget activit y the monthly and year -to-date
425	623		revenues and expenditures compared to budgeted revenues and
	624	+
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426	651		expenditures. Such report shall be submitted to the Offi ce of
427	652		Management and Enterprise Services and to the Directors of the House
428	653		of Representatives Fiscal Divisio n and the Senate Fiscal Division.
429		-
430	654		D. The Authority shall be subject to the professional risk
431	655		management program provided for in Section 85.58A of Title 74 of the
432	656		Oklahoma Statutes.
433		-
434	657		SECTION 7. NEW LAW A new section of law to be co dified
435	658		in the Oklahoma Statutes as Section 4007 of Title 2, unless there is
436	659		created a duplication in numbering, reads as follows:
437		-
438	660		All agreements and obligations undertaken, as permitted under
439	661		this section, by the Oklahoma State University Veterinary Medicine
440	662		Authority shall be for a public purpose. In addition to any other
441	663		limitations, conditions or restrictions provided by law, the
442	664		following conditions shall apply to contractual agreements entered
443	665		into pursuant to this section:
444		-
445	666		1. Private and public fun ds shall be accounted for separately;
446	667		and
447		-
448	668		2. The state shall not assume any liability for private
449	669		entities.
450		-	ENR. H. B. NO. 2863 Page 11
451	670		SECTION 8. NEW LAW A new section of law to be codified
452	671		in the Oklahoma Statutes as Section 4008 of Title 2, unless there is
453	672		created a duplication in numbering, reads as follows:
454		-
455	673		A. The funds deposited in the Oklahoma State University
456	674		Veterinary Medicine Authority Agency Special Account created in
	675	+
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457	702		subsection B of this section s hall be invested by the State
458	703		Treasurer in the manner provided for by law. The return on such
459	704		investments shall be credited to the accounts of the Authority.
460		-
461	705		B. There is hereby created in the State Treasury an official
462	706		depository account for the Oklahoma State University Veterinary
463	707		Medicine Authority, to be designated the Oklaho ma State University
464	708		Veterinary Medicine Authority Agency Special Account. The account
465	709		shall consist of an agency clearing account and an agency special
466	710		account. All revenues, exc ept federal entitlements an d state
467	711		appropriations, gene rated by the Oklahoma State University
468	712		Veterinary Medicine Authority shall be deposited in these a ccounts.
469		-
470	713		C. The Authority shall be subject to blanket bond coverage as
471	714		provided in Sections 85. 58Q through 85.58V of Title 74 of the
472	715		Oklahoma Statutes, provi ded the Authority sha ll be authorized to
473	716		purchase increased amounts of fidelity bond coverage for e mployees
474	717		for whom it is deemed necessary by the Authority. When the amount
475	718		listed in Section 85. 58T of Title 74 of the Oklahoma St atutes is
476	719		deemed inadequate, the cost of increa sed coverage shall be borne by
477	720		the Authority.
478		-
479	721		SECTION 9. NEW LAW A new section of law to be codified
480	722		in the Oklahoma Statutes as Section 4009 of Title 2, unless there is
481	723		created a duplication in numbering, reads as follows:
482		-
483	724		A. Subject to the provisions of paragraph 11 of subsection A of
484	725		Section 6 of this act, the Oklahoma State University Veterinary
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485	753		Medicine Authority may provide by resolution, from time to time, for
486	754		the issuance of revenue bonds for its lawful purposes, in such
487	755		amount or amounts as are necessary, incidental or convenient to the
488	756		exercise of powers, rights, privileges and functions conferred upon
489	757		it by the Oklahoma State University Veterinary Medicine Authority
490	758		Act or other law. The principal of and interest on any i ndebtedness
491	759		shall be payable solely from the revenues of the Authority and such
492	760		other funds as may be provided by law for such paymen t. The
493	761		Authority may provide for credit enhanc ement as additional security
494	762		or liquidity for its bonds and enter into such agreements as may be
495		-	necessary or appropriate to provide for the repayment of any funds ~~ENR. H. B. NO. 2863 Page 12~~
	763	+	necessary or appropriate to provide for the repayment of any funds
496	764		advanced by the provider of any such credit e nhancement including
497	765		the payment of any fees an d expenses incurred in conne ction
498	766		therewith. The bonds of each issue shall bear interest at fixed or
499	767		variable rates and shall bear an average interest rate not to exceed
500	768		eleven percent (11%) per annum, shall mature at such time or times
501	769		not exceeding thirty (30) years from their dat e or dates of issue,
502	770		as may be determined by the Authority, and may be made redeemable
503	771		before maturity at the option of the Authority, at such time or
504	772		times and at such price or pri ces and pursuant to such terms and
505	773		conditions as may be fixed by the Author ity prior to the issuance o f
506	774		the bonds. The Authority shall determine the form of the bonds and
507	775		the manner of execution thereof, and shall fix the denominations of
508	776		the bonds and the place or places of payment of principal and
	777	+
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509	804		interest, which may be at any bank and trust company wit hin or
510	805		without this state. If any officer whose signature or facsimile of
511	806		whose signature appears on any bonds shall cease to be said officer
512	807		before the delivery of the bonds, the signature or the fac simile
513	808		shall nevertheless be valid and sufficient for a ll purposes, the
514	809		same as if the person had remained in office until such delivery.
515	810		All bonds issued pursuant to the provisions of the Oklahoma State
516	811		University Veterinary Medicine Authority Act shall have all the
517	812		qualities and incidences of negotiable ins truments subject to t he
518	813		laws of this state. The Authority may sell the bonds in such
519	814		amounts and in such manner, either at public or private sale, and
520	815		for such price, as it may determine to be in the best interests of
521	816		the state. If the bonds are not sold by competitive bid, the sale
522	817		must be approved by the State Bond Advisor.
523		-
524	818		B. All fees and expenses of bond sales must be approved by the
525	819		State Bond Advisor and the Bond Oversight Commission. Prior to the
526	820		preparation of definit ive bonds, the Authority, su bject to like
527	821		restrictions, may issue interim receipts or temporary bonds, with or
528	822		without coupons, exchangeable for definitive bonds which have been
529	823		executed and are available for delivery. The Autho rity may also
530	824		provide for the replacement of any bonds which have become mut ilated
531	825		or which have been destroyed or lost. Except as otherwise provided
532	826		by Section 14 of this act, bonds may be issued pursuant t o the
533	827		provisions of the Oklahoma State Universit y Veterinary Medicine
	828	+
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534	855		Authority Act without obtaining t he consent of any dep artment,
535	856		division, commission, board, bureau, or agency of this state, and
536	857		without any other proceedings or the occurrence of any ot her
537	858		conditions or things than those proceedings, conditions, or things
538	859		that are specifically required b y the Oklahoma State University
539	860		Veterinary Medicine Authority.
540		-	ENR. H. B. NO. 2863 Page 13
541	861		C. The Authority may, by resolution, provide for the issuance
542	862		of refunding bonds then ou tstanding, including the payment of any
543	863		redemption premium, any interest ac crued to the date of redempti on
544	864		of such bonds, and for incurring additional indebtedness for its
545	865		lawful purposes. The issuance of such bonds shall be governed by
546	866		the provisions of the Oklahoma State University Veterinary Medicine
547	867		Authority Act.
548		-
549	868		SECTION 10. NEW LAW A new section of law to be codified
550	869		in the Oklahoma Statutes as Section 4010 of Title 2, unless there is
551	870		created a duplication in numbering, reads as follows:
552		-
553	871		Before any bond shall be issued and del ivered by the Oklahoma
554	872		State University Veterinary Medicine Authority, a certified copy of
555	873		the proceedings for the issuance thereof, together with any other
556	874		information which the Attorney General of th e State of Oklahoma may
557	875		require as the Bond Commissione r of the State of Oklahom a, shall be
558	876		submitted to the Attorney General. If the Attorney General shall
559	877		find that such bonds have been issued in accordance with law, the
560	878		Attorney General shall approve such bonds and exec ute a certificate
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561	906		to that effect. The Attorney General shall file such certific ates
562	907		in the Office of the State Auditor and Inspector, and the
563	908		certificates shall be recorded in a record kept for that purpose.
564	909		All bonds approved by the Attorney General, an d issued in accordance
565	910		with the approved proceedings, shall be valid and binding
566	911		obligations of the Authority and shall be incontestable for any
567	912		course from and after the date of such approval.
568		-
569	913		SECTION 11. NEW LAW A new section of law to be codified
570	914		in the Oklahoma Stat utes as Section 4011 of Title 2, unless there is
571	915		created a duplication in n umbering, reads as follows:
572		-
573	916		The Oklahoma State University Veterinary Medicine Authority or
574	917		the Oklahoma State University Veterinary Medical Trust may file an
575	918		application with the Su preme Court of the State of Oklahoma for
576	919		approval of any bonds to be issued under the provisions of the
577	920		Oklahoma State University Veterinary Medicine Authority Act, and
578	921		exclusive original jurisdiction is hereby conferred upon the Supreme
579	922		Court to hear and determine such application. The Supreme C ourt
580	923		shall give such applications precedence over the other business of
581	924		the Court and consider and determine the validity of the bonds and
582	925		consider the application and any protest which may be filed thereto.
583	926		Notice of the hearing on each application shall be given by notice
584	927		published in a newspaper of general circulation in this state that
585		-	on a day named the Authority or the Trust will ask the Court to hear ~~ENR. H. B. NO. 2863 Page 14~~
	928	+	on a day named the Authority or the Trust will ask the Court to hear
586	929		the application and approve the bonds. Such notice shall inform all
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587	957		interested parties that they ma y file a protest against the issu ance
588	958		of the bonds, may be present at the hearing, and may contest the
589	959		legality thereof. Such notice shall be published one time, not less
590	960		than ten (10) days prior to the date named for the hearing and the
591	961		hearing may be adjourned from time to time in the discretion of the
592	962		Court. If the Court is satisfied that the bonds have been properly
593	963		authorized in accordance with the Oklahoma State University
594	964		Veterinary Medicine Authority Act, and that when issued such bonds
595	965		will constitute valid obligations in accordance with their terms,
596	966		the Court shall render its written opinion approving the bonds and
597	967		shall fix the time within which the petition for rehearing may be
598	968		filed. The decision of t he Court shall be a judicial determination
599	969		of the validity of the bonds, shall be conclusive as to the
600	970		Authority of the Trust, its officers and agents, and thereafter the
601	971		bonds so approved and the revenues pledged to their payment shall be
602	972		incontestable in any court in the State of Oklahoma.
603		-
604	973		SECTION 12. NEW LAW A new section of law to be codified
605	974		in the Oklahoma Statutes as Section 4012 of Title 2, unless there is
606	975		created a duplication in numbering, reads as follows:
607		-
608	976		Revenue bonds of the Oklahoma State University Veterinary
609	977		Medicine Authority issued pursuant to the provisions of the Oklahoma
610	978		State University Veterinary Medicine Authority shall not constitute
611	979		a debt of the state or of any political subdivision thereof, or a
612	980		pledge of the full faith and credit of the state, or o f any
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613	1008		political subdivision thereof, but such bonds shall be payable
614	1009		solely from the funds provided therefor. The forms of the bonds so
615	1010		issued shall contain on the face thereof a statement to the effect
616	1011		that neither the state nor the Authority shall be ob ligated to pay
617	1012		the same or the interest thereon except from the revenues of the
618	1013		Authority pledged to the payment of such bo nds and that neither the
619	1014		faith and credit nor the taxing power of the state or any politica l
620	1015		subdivision thereof is pledged, or may h ereafter be pledged, to the
621	1016		payment of the principal of or interest on such bonds. The bonds so
622	1017		issued shall be exempt fro m taxation by the State of Oklahoma and
623	1018		any political subdivision thereof, including the in come therefrom,
624	1019		and any gain from the sale thereof.
625		-
626	1020		SECTION 13. NEW LAW A new section of law to be codified
627	1021		in the Oklahoma Statutes as Section 4013 of Title 2, unless there is
628	1022		created a duplication in numbering, reads as follows:
629		-	ENR. H. B. NO. 2863 Page 15
630	1023		Bonds issued pursuant to provisions of the Oklahoma State
631	1024		University Veterinary Medicine Authority Act are hereby made
632	1025		securities in which all public officers and public boards, agencies
633	1026		and instrumentalities of the state and its political subdivisions,
634	1027		all banks, trust companies, trust and loan as sociations, investment
635	1028		companies, and others carrying on a banking business, and all
636	1029		insurance companies and insurance associations, and others carrying
637	1030		on an insurance business, may legally and properly invest. Su ch
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638	1058		bonds are also approved as collateral security for the deposit of
639	1059		any public funds and for the investment of trust funds.
640		-
641	1060		SECTION 14. NEW LAW A new section of law to be codified
642	1061		in the Oklahoma Statutes as Section 4014 of Title 2, unless there is
643	1062		created a duplication i n numbering, reads as follows:
644		-
645	1063		The Oklahoma State University Veterinary Medicine Authority
646	1064		shall submit an annual report to the Governor, the Speaker of the
647	1065		Oklahoma House of Representatives , and the President Pro Tempore of
648	1066		the Oklahoma State Senate. Such report shall b e submitted in
649	1067		accordance with the requirements for financial statement audits in
650	1068		Section 212A of Title 74 of the Oklahoma Statutes and shall include
651	1069		an account of the operations and actions of the Au thority and an
652	1070		accounting of all revenue received and di sbursed by the Authority
653	1071		for the previous fiscal year. The report shall include an
654	1072		accounting of expenses related to each of the following:
655		-
656	1073		1. Education and training of students of the Oklahoma Stat e
657	1074		University College of Veterinary Medicine, resident veterinarians
658	1075		and others;
659		-
660	1076		2. Care and treatment of animal patients for whom the Authority
661	1077		receives any form of state or federal reimbursement; and
662		-
663	1078		3. Research.
664		-
665	1079		SECTION 15. NEW LAW A new section of law to be codified
666	1080		in the Oklahoma Statutes as Section 4015 of Title 2, unless there is
667	1081		created a duplication in numbering, reads as follows:
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668	1108
669	1109		A. There is hereby created in the State Treasury a revolving
670	1110		fund for the Oklahoma State Univ ersity Veterinary Medicine
671	1111		Authority, to be designated t he "Oklahoma State University
672	1112		Veterinary Medicine Authority Disbursing Fund". The fund shall be a
673	1113		continuing fund, not subject to fiscal year limitations, and shall
674		-	consist of appropriated revenues a nd federal entitlements. All ~~ENR. H. B. NO. 2863 Page 16~~
	1114	+	consist of appropriated revenues a nd federal entitlements. All
675	1115		monies accruing to the cre dit of said fund are hereby appropriated
676	1116		and may be budgeted and expended by the Oklahoma State University
677	1117		Veterinary Medicine Authority as provided in subsection B of this
678	1118		section.
679		-
680	1119		B. Following the execution of a lease of real properties under
681	1120		the jurisdiction of the Oklahoma State University Veterinary
682	1121		Medicine Authority to the Oklahoma State University Veterinary
683	1122		Medical Trust pursuant to Section 22 of this act, monies from the
684	1123		fund may be expended by the Authority for the fiscal year ending in
685	1124		the year the lease is executed, for the operations of the Authority
686	1125		after the execution of the lease to the Oklahoma State University
687	1126		Veterinary Medical Trust for payment of any costs to the Authority
688	1127		associated with the transfer of operations of facilities under the
689	1128		jurisdiction of the Authority, and legal obligations of the
690	1129		Authority.
691		-
692	1130		SECTION 16. NEW LAW A new section of law to be codified
693	1131		in the Oklahoma Statutes as Section 4016 of Title 2, unless there is
694	1132		created a duplication in numberin g, reads as follows:
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695	1159
696	1160		A. There is hereby created in the State Treasury a revolving
697	1161		fund for the Oklahoma State University Veterinary Medicine
698	1162		Authority, to be designated the "Oklahoma State University
699	1163		Veterinary Medicine Authority Marketing Revolving Fund ". The fund
700	1164		shall be a continuing fund, not subject to fiscal year limitations,
701	1165		and shall consist of all monies received by the Oklahoma State
702	1166		University Veterinary Medicine Authority pursuant to the provisions
703	1167		of this section. All monies accruing to the credit of said fund are
704	1168		hereby appropriated and may be budgeted and expended by the Oklahoma
705	1169		State University Veterinary Medicine Authority for the purpose of
706	1170		marketing research and planning, public e ducation, special events
707	1171		customary to the veterinary care industry, advertising and promotion
708	1172		of special and general services provided or sponsored by the
709	1173		Oklahoma State University Veterinary Medicine Authority and such
710	1174		other purposes specifically authoriz ed by the Legislature.
711	1175		Expenditures from said fund shal l be made upon warrants issued by
712	1176		the State Treasurer against claims filed as prescribed by law with
713	1177		the Director of the Office of Management and Enterprise Serv ices for
714	1178		approval and payment.
715		-
716	1179		B. An amount equal to one -tenth of one percent (1/10 of 1%) of
717	1180		the total annual operating budget of the Oklahoma State University
718	1181		Veterinary Medicine Authority and such other funds as may be
719		-	specifically designated for deposit to the fund shall be deposited ENR. H. B. NO. 2863 Page 17
	1182	+	specifically designated for deposit to the fund shall be deposited
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720	1210		in the Oklahoma State University Veterinary Medicine Authority
721	1211		Marketing Revolving Fund.
722		-
723	1212		C. The Oklahoma State University Veterinary Medicine Authority
724	1213		Marketing Revolving Fund shall be audited annually by the State
725	1214		Auditor and Inspector. The Oklahoma State University Veterinary
726	1215		Medicine Authority shall reimburse the State Auditor a nd Inspector
727	1216		from the Oklahoma State University Authority Marketing Revolving
728	1217		Fund for any expenses incurred in auditing said fund.
729		-
730	1218		SECTION 17. NEW LAW A new section of law to be codified
731	1219		in the Oklahoma Statutes as Section 4017 of Title 2, unless there is
732	1220		created a duplication in numbering, reads as follows:
733		-
734	1221		A. The Oklahoma State University Veterinary Medicine Authority
735	1222		may regulate traffic and the parking of vehicles on property used by
736	1223		or for the Oklahoma State University Veterinary Medicine Authority.
737	1224		Such regulations shall be in writing, and copies thereof, including
738	1225		amendments thereto, shall be filed in the office of the Secretary of
739	1226		State, and in the office of the city clerk of the City of
740	1227		Stillwater. The municipal court of t he City of Stillwater shall
741	1228		have jurisdiction to hear and determine prosecutions for violations
742	1229		of such regulations, which may be prosecuted and shall be punishable
743	1230		as violations of ordinances of the City of Stillwater. The
744	1231		Authority may cause to be remov ed, and may enter into contracts for
745	1232		such purpose, any vehicle parked in violation of such regulations.
746	1233
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747	1260		B. The Authority may appoint campus police officers and guards
748	1261		for buildings and grounds of the Oklahoma State University
749	1262		Veterinary Medicine Authority in the same manner and with the same
750	1263		powers as campus police appointed by governing boards of state
751	1264		institutions for higher education under the provisions of Section
752	1265		360.15 et seq. of Title 74 of the Oklahoma Statut es, and who may
753	1266		prevent or stop improper conduct and trespass in and upon such
754	1267		buildings and grounds, and make arrests and prosecute any and all
755	1268		persons arrested for such improper conduct and trespassing.
756	1269		Employees of the Authority serving as police offic ers shall be
757	1270		certified as provided for i n Section 3311 of Title 70 of the
758	1271		Oklahoma Statutes.
759		-
760	1272		C. The Authority and the City of Stillwater may enter into a
761	1273		cooperative agreement to effectuate the provisions of this section.
762		-	ENR. H. B. NO. 2863 Page 18
763	1274		SECTION 18. NEW LAW A new section of law to be cod ified
764	1275		in the Oklahoma Statutes as Section 4018 of Title 2, unless there is
765	1276		created a duplication in numbering, reads as follows:
766		-
767	1277		The Oklahoma State University Veterinary Medicine Authority is
768	1278		authorized to place r esident veterinarians of the Oklahoma State
769	1279		University College of Veterinary Medicine on the Oklahoma State
770	1280		University Veterinary Medicine Authority payroll, and is further
771	1281		authorized to acquire health, life, and dental insurance for such
772	1282		residents. Such res idents shall not be considered employees of the
773	1283		Authority and shall not be eligible to participate in the Oklahoma
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774	1311		Public Employees Retirement System. This section shall not preclude
775	1312		the right of the Oklahoma State University Veterinary Medicine
776	1313		Authority to terminate, for cause, the practicing privileges of any
777	1314		resident veterinarian within the Oklahoma State University
778	1315		Veterinary Medicine Authority.
779		-
780	1316		SECTION 19. NEW LAW A new section of law to be codified
781	1317		in the Oklahoma Statutes as Section 4019 of Title 2, unless there is
782	1318		created a duplication in numbering, reads as follows:
783		-
784	1319		A. The State of Oklahoma expressly approves the creation of a
785	1320		public trust to be named the "Oklahoma State University Veterinary
786	1321		Medical Trust", of which the State of Oklahoma shall be the
787	1322		beneficiary, provided such approval shall be contingent upon
788	1323		satisfaction of the following conditions:
789		-
790	1324		1. Finalizing of the declaration of trust;
791		-
792	1325		2. Adoption of the declaration of trust by an official action
793	1326		of the trustees of the Trust;
794		-
795	1327		3. Submission of the Trust for acceptance of the beneficial
796	1328		interest and approval as required by Section 177 of Title 60 of the
797	1329		Oklahoma Statutes; and
798		-
799	1330		4. The approved declaration of trust shall:
800		-
801	1331		a. clearly state that the principal purpose of the
802	1332		Oklahoma State University Veterinar y Medical Trust is
803	1333		to effectuate the purposes of the Oklahoma State
804	1334		University Veterinary Medicine Authority as
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805	1362		established in the Oklahoma State University
806	1363		Veterinary Medicine Authority Act,
807		-	ENR. H. B. NO. 2863 Page 19
808	1364		b. except as otherwise p rovided by law, provide that the
809	1365		title to real property held by the Oklahoma State
810	1366		University Veterinary Medicine Authority shall not be
811	1367		transferred, conveyed, or assigned to the Oklahoma
812	1368		State University Veterinary Medical Trust without the
813	1369		express consent of the Legislature as the governing
814	1370		entity of the beneficiary pursuant to Section 176 of
815	1371		Title 60 of the Oklahoma Statutes,
816		-
817	1372		c. provide that any indebtedness incurred by the Oklahoma
818	1373		State University Veterinary Medical Trust or the
819	1374		trustees of the Trust s hall not be secured with or
820	1375		create a lien upon real property to which title is
821	1376		held by the Oklahoma State University Veterinary
822	1377		Medicine Authority and shall not involve the bonding
823	1378		capacity of the Oklahoma State University Veterinary
824	1379		Medicine Authority,
825		-
826	1380		d. provide that the trust estate of the Oklahoma State
827	1381		University Veterinary Medical Trust shall not include
828	1382		fee simple title to real property owned by the
829	1383		Oklahoma State University Veterinary Medicine
830	1384		Authority,
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831	1411
832	1412		e. clearly state that the creation of the Oklahoma State
833	1413		University Veterinary Medica l Trust shall not in any
834	1414		way reduce, limit or interfere with the power granted
835	1415		to the Oklahoma State University Veterinary Medicine
836	1416		Authority in the Oklahoma State University Veterinary
837	1417		Medicine Authority Act,
838		-
839	1418		f. provide that any lease or contractual agree ment
840	1419		involving use of the real property to which title is
841	1420		held by the Oklahoma State University Veterinary
842	1421		Medicine Authority and any improvements thereto shall
843	1422		contain a provision and covenants requiring the proper
844	1423		maintenance and upkeep of the real prope rty and
845	1424		improvements,
846		-
847	1425		g. provide that the trustees of the Oklahoma State
848	1426		University Veterinary Medical Trust shall be the
849	1427		acting members of the Oklahoma State University
850	1428		Veterinary Medicine Authority as provided in the
851	1429		Oklahoma State University Veterinary Medicine
852		-	Authority Act, and ENR. H. B. NO. 2863 Page 20
853		-
	1430	+	Authority Act, and
854	1431		h. provide that the trustees of the Oklahoma State
855	1432		University Veterinary Medical Trust shall have the
856	1433		duty to submit an annual report to the Governor, the
857	1434		Speaker of the House of Represent atives, and the
858	1435		President Pro Tempore of the Senate. The report shall
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859	1463		be submitted by January 1 of each year and shall
860	1464		include an account of all operations, actions of the
861	1465		Trust, and an account of all revenue received and
862	1466		disbursed by the Trust for the pr evious fiscal year.
863	1467		The report shall also provide a complete accounting of
864	1468		how the Trust meets its primary function of
865	1469		effectuating the purposes of the Oklahoma State
866	1470		University Veterinary Medicine Authority , as
867	1471		established in the Oklahoma State Universit y
868	1472		Veterinary Medicine Authority Act.
869		-
870	1473		B. The Oklahoma State University Veterinary Medical Trust shall
871	1474		require any agreements which it enters into with any entity pursuant
872	1475		to Section 22 of this act for the operations of facilities leased by
873	1476		the Oklahoma State University Veterinary Medicine Author ity to the
874	1477		Trust to include, but not be limited to:
875		-
876	1478		1. The inclusion of all the members of the Trust, representing
877	1479		the State of Oklahoma in a governing committee;
878		-
879	1480		2. Binding arbitration shall not be required by such agreements
880	1481		for resolving issues under consideration by the governing committee;
881	1482		and
882		-
883	1483		3. Major decisions shall be resolved by the governing
884	1484		committee, and approval of any major decision by the governing
885	1485		committee must include the approval of a majori ty of the state
886	1486		appointees and the approval o f a majority of the private entity
	1487	+
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	1513	+
887	1514		appointees to the governing committee. Major decisions shall
888	1515		include:
889		-
890	1516		a. approval of the operating and capital budgets,
891		-
892	1517		b. sale or disposition of assets over Two Hundred Fif ty
893	1518		Thousand Dollars ($250,000.00),
894		-
895	1519		c. the termination, transfer, material addition, or
896	1520		material diminution of animal medical services at the
897		-	Oklahoma State University Veterinary Hospital related ~~ENR. H. B. NO. 2863 Page 21~~
	1521	+	Oklahoma State University Veterinary Hospital related
898	1522		to and part of a teaching program of the Oklahoma
899	1523		State University College of Veterinary Medicine , and
900		-
901	1524		d. other major decisions as may be agreed upon by the
902	1525		Trust and the private entity.
903		-
904	1526		C. To the extent it is determined by legislative enactment that
905	1527		the Trust has expended funds in contravention of its missio n as set
906	1528		forth in this section, the Trust shall remit , upon a thirty (30) day
907	1529		written notice from the Oklahoma State University Veterinary
908	1530		Medicine Authority, such sum or sums to the Oklahoma State
909	1531		University Veterinary Medicine Authority .
910		-
911	1532		SECTION 20. NEW LAW A new section of law to be codified
912	1533		in the Oklahoma Statutes as Section 4020 of Title 2, unless there is
913	1534		created a duplication in numbering, reads as follows:
914		-
915	1535		A. Contingent upon the creation of the Oklahoma State
916	1536		University Veterinary Medical Trust as provided in Section 20 of
917	1537		this act, the Trust, prior to acceptance, shall submit to the
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	1564	+
918	1565		Contingency Review Board for review the proposed agreement regarding
919	1566		the lease and operations of any animal hospital or hospitals owned
920	1567		by the Oklahoma State University Veterinary Medicine Authorit y to
921	1568		any entity authorized to transact business in the state and an
922	1569		independent statement as to the fairness of said proposed agreement
923	1570		for the State of Oklahoma. The Contingency Review Board shall upon
924	1571		receipt of the proposed agreement meet within fiftee n (15) business
925	1572		days to review the proposed agreement; and unless the Contingency
926	1573		Review Board disapproves the proposed agreement, the agreement may
927	1574		be executed but no lease of the animal hospital or hospitals s hall
928	1575		become effective until after Supreme Cou rt approval pursuant to
929	1576		subsection B of this section.
930		-
931	1577		B. 1. If a proposed agreement is not disapprov ed by the
932	1578		Contingency Review Board pursuant to subsection A of this section,
933	1579		the Oklahoma State University Veterinary Medicine Authority and
934	1580		Oklahoma State University Veterinary Medical Trust, within thirty
935	1581		(30) calendar days after the time for Contingency Review Board
936	1582		action has expired, may file a petition with the Supreme Court of
937	1583		Oklahoma for a declaratory j udgment determining the validity of the
938	1584		proposed agreement. The review of the Court shall be based upon the
939	1585		exercise of any of the powers, rights, privileges, and functions
940	1586		conferred upon the Authority or the Oklahoma State University
941	1587		Veterinary Medical T rust, as applicable, under the Oklahoma State
942		-	University Veterinary Medicine Authority Act and Oklahoma Statutes. ENR. H. B. NO. 2863 Page 22
	1588	+	University Veterinary Medicine Authority Act and Oklahoma Statutes.
	1589	+
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943	1616		Exclusive original jurisdiction is co nferred upon the Supreme Court
944	1617		to hear and determine such petitions. The Supreme Court shall give
945	1618		such petitions precedence over other business of th e Court except
946	1619		habeas corpus proceedings.
947		-
948	1620		2. Notice of the hearing of such a petition shall be given by a
949	1621		notice published in a newspaper of general circulation in this state
950	1622		that on a day specified the Supreme C ourt will hear the petition to
951	1623		approve the proposed agreement and enter a declaratory judgment.
952	1624		The notice shall be published one time not less than ten (10) days
953	1625		prior to the date specified for the hearing. The notice shall
954	1626		inform property owners, taxpayer s, citizens and all persons having
955	1627		or claiming any right, title, or interest in the proposed agreement
956	1628		or properties or funds to be affected by th e implementation of the
957	1629		proposed agreement, or affected in any way thereby, that they may
958	1630		file protests agains t the approval of the proposed agreement , and be
959	1631		present at the hearing to contest the legality of the proposed
960	1632		agreement. The hearing may be adj ourned from time to time at the
961	1633		discretion of the Court.
962		-
963	1634		3. If the Court is satisfied that the proposed agre ement is in
964	1635		accordance with the Oklahoma State University Veterinary Medicine
965	1636		Authority Act and Oklahoma Statutes, the Court shall enter a
966	1637		declaratory judgment approving and declaring the proposed agreement
967	1638		to be valid and conclusive as to the Authority, the T rust, and all
968	1639		other parties to the pr oposed agreement; and, upon petition of the
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969	1667		Authority, shall issue an order permanently enjoining all persons
970	1668		described in the notice required by this subsection from thereafter
971	1669		instituting any action or proceeding cont esting the validity of the
972	1670		proposed agreement. A declaratory judgment rendered pursuant to
973	1671		this subsection shall have force and effect of a final judgment or
974	1672		decree and shall be incontestable in any court in this state.
975		-
976	1673		4. As used in the Oklahoma State Univer sity Veterinary Medicine
977	1674		Authority Act, "proposed agreement" means one or more contracts
978	1675		regarding the lease and operations of any animal hospital or
979	1676		hospitals owned by the Oklahoma State University Veterinary Medicine
980	1677		Authority and all other agreements co ntemplated by or referred to in
981	1678		the contract regarding such lease and operations.
982		-
983	1679		SECTION 21. NEW LAW A new section of law to be codified
984	1680		in the Oklahoma Statutes as Section 4021 of Title 2, unless there is
985	1681		created a duplication in n umbering, reads as follows:
986		-	ENR. H. B. NO. 2863 Page 23
987	1682		A. Contingent upon the creation of the Oklahoma State
988	1683		University Veterinary Medical Trust as provided in Section 20 of
989	1684		this act, the Oklaho ma State University Veterinary Medicine
990	1685		Authority is hereby authorized to lease, for a t erm of not more than
991	1686		fifty (50) years, renewable at the option of the Authority, all real
992	1687		property owned by the Authority and any other sites under the
993	1688		control of the Authority to the Oklahoma State University Veterinary
994	1689		Medical Trust. Any lease agreement made pursuant to this section
995	1690		shall be contingent upon:
996	1691
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997	1718		1. Prior review by the Attorney General of any contractual
998	1719		agreement between the Oklahoma State University Vet erinary Medical
999	1720		Trust and any entity authorized to transact business in the State of
1000	1721		Oklahoma regarding the lease and op erations. The Attorney General
1001	1722		shall disapprove the agreement if it is determined that provisions
1002	1723		of the agreement are not consistent w ith state law; and
1003		-
1004	1724		2. The execution of an operating and lease agreement between
1005	1725		the Oklahoma State University Veterinar y Medical Trust and any
1006	1726		entity authorized to transact business in the State of Oklahoma.
1007		-
1008	1727		B. Concurrent with t he execution of a lease of real property
1009	1728		from the Oklahoma State University Veterinary Medicine Authority to
1010	1729		the Oklahoma State University Veterin ary Medical Trust as provided
1011	1730		in subsection A of this section, the Authority is authorized to
1012	1731		transfer title to and possession of all ta ngible and intangible
1013	1732		personal property under its control to the Trust. In any
1014	1733		contractual agreement regarding the leas e and operations of an
1015	1734		animal hospital or hospitals between the Oklahoma State University
1016	1735		Veterinary Medical T rust and any entity authorized to transact
1017	1736		business in the State of Oklahoma, the Trust is authorized to sell
1018	1737		or otherwise convey to such entity a ll tangible and intangible
1019	1738		personal property the Trust may receive from the Oklahoma State
1020	1739		University Veterinary Medicine Authority . Any contract or other
1021	1740		agreement which purports to exercise the powers authorized by this
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1022	1768		subsection is subject to review b y the Contingency Review Board, as
1023	1769		specified in Section 21 of this act.
1024		-
1025	1770		C. If a contracting entity fails to t ake possession of the
1026	1771		leased premises, or abandons or s urrenders possession of the leased
1027	1772		premises other than to a state agency, at any time durin g the term
1028	1773		of the lease between the Oklahoma State University Veterinary
1029	1774		Medical Trust and the contracting ent ity, the interest in the real
1030	1775		property leased to the Oklahoma State University Veterinary Medical
1031		-	Trust by the Oklahoma State University Veterinary Medicine Authority ~~ENR. H. B. NO. 2863 Page 24~~
	1776	+	Trust by the Oklahoma State University Veterinary Medicine Authority
1032	1777		shall revert to and be the sole and exclusive property of the
1033	1778		Oklahoma State University Veterinary Medicine Authority .
1034		-
1035	1779		D. Contingent upon the execution of an agreement between the
1036	1780		Oklahoma State Univers ity Veterinary Medical Trust and any entity
1037	1781		authorized to transact business in the State of Oklahoma, as
1038	1782		specified in subsection A of this sec tion, the Oklahoma State
1039	1783		University Veterinary Medicine Authority is authorized to enter into
1040	1784		an agreement for suc h entity to provide animal patient care services
1041	1785		and perform other related duties imposed upon the Oklahoma State
1042	1786		University Veterinary Medicine Authority by law. Such an agre ement
1043	1787		between the Oklahoma State University Veterinary Medicine Authority
1044	1788		and such entity is exempt from the req uirements of the Oklahoma
1045	1789		Central Purchasing Act and any rules adopted by the Oklahoma State
1046	1790		University Veterinary Medicine Authority pursuant to the
1047	1791		Administrative Procedures Act. The governing committee created by
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1048	1819		the agreement and the Oklahoma State University Veterinary Medical
1049	1820		Trust shall be subject to the Open Meeting Act and the Oklahoma Open
1050	1821		Records Act to the sam e extent and with the same excepti ons as
1051	1822		provided for the Oklahoma State University Veterinary Medicine
1052	1823		Authority in Section 5 of this ac t and shall be exempt from the
1053	1824		Oklahoma Central Purchasing Act.
1054		-
1055	1825		SECTION 22. NEW LAW A new sec tion of law to be codified
1056	1826		in the Oklahoma Statutes as Section 4022 of Title 2, unless there is
1057	1827		created a duplication in numbering, reads as follows:
1058		-
1059	1828		There is hereby created in the State Treasury a revolving fund
1060	1829		for the Oklahoma State University Veterinar y Medical Trust to be
1061	1830		designated the "Oklahoma State University Veterinary Medical Trust
1062	1831		Revolving Fund". The fund shall be a continuing fu nd, not subject
1063	1832		to fiscal year limitations, and shall consist of all monies directed
1064	1833		for deposit to the fund by law . All monies accruing to the credi t
1065	1834		of the fund are hereby appropriated and m ay be budgeted and expended
1066	1835		by the Oklahoma State University Ve terinary Medical Trust in
1067	1836		accordance with the provisions of this act. Expenditures from said
1068	1837		fund shall be made upo n warrants issued by the State Tre asurer
1069	1838		against claims filed as prescribed by law with the Director of the
1070	1839		Office of Management and Enterpr ise Services for approval and
1071	1840		payment.
1072		-
1073	1841		SECTION 23. This act shall become effective July 1, 2023.
1074	1842
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1075	1869		SECTION 24. It being immediately necessary for the preservation
1076		-	of the public peace, health or safety, an emergency is hereby ~~ENR. H. B. NO. 2863 Page 25~~
	1870	+	of the public peace, health or safety, an emergency is hereby
1077	1871		declared to exist, by reason whereof this act shall take effect and
1078	1872		be in full force from and after its passage and a pproval.
1079		-	ENR. H. B. NO. 2863 Page 26
1080		-	Passed the House of Representatives the 22nd day of February,
1081		-	2023.
1082		-
1083		-
1084		-
1085		-
1086		-	Presiding Officer of the House
1087		-	of Representatives
1088		-
1089		-
1090		-	Passed the Senate the 19th day of April, 2023.
1091		-
1092		-
1093		-
1094		-
1095		-	Presiding Officer of the Senate
1096		-
1097		-
1098		-	OFFICE OF THE GOVERNOR
1099		-	Received by the Office of the Governor this ____________________
1100		-	day of ___________________, 20_______, at _______ o'clock _______ M.
1101		-	By: _________________________________
1102		-	Approved by the Governor of the State of Oklahoma this _____ ____
1103		-	day of ___________________, 20_______, at _______ o'clock _______ M.
1104		-
1105		-
1106		-	_________________________________
1107		-	Governor of the State of Oklahoma
1108		-
1109		-	OFFICE OF THE SECRETARY OF STATE
1110		-	Received by the Office of the Secretary of State this __________
1111		-	day of ___________________, 20_______, at _______ o'clock _______ M.
1112		-	By: _________________________________
1113		-
	1873	+	COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
	1874	+	April 12, 2023 - DO PASS AS AMENDED