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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 330 By: McCortney of the Senate
and
McEntire of the House
An Act relating to the University Hospitals
Authority; amending 63 O.S. 2021, Section 3225, which
relates to contractual agreements; modifying
applicability of certain provision; providing certain
construction; exempting amendments to specified
agreements from certain procedure; updating statutory
language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 3225, is
amended to read as follows:
Section 3225. A. Contingent upon the creation of the
University Hospitals Trust as provided in Section 322 4 of this
title, the Trust, prior to acceptance, shall submit to the
Contingency Review Board for review the proposed agreement regarding
the lease and operations of the University Hospitals hospital or
hospitals owned by the University Hospitals Authority to any entity
authorized to transact bu siness in the state and an independent
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statement as to the fairness of said the proposed agreement for the
State of Oklahoma this state. The Contingency Review Board s hall
upon receipt of the proposed agreement meet within f ifteen (15)
business days to review the proposed agreement; and unless the
Contingency Review Board disapproves the proposed agreement, the
proposed agreement may be executed, but no lease of the University
Hospitals hospital or hospitals owned by the University Hospitals
Authority shall become effective until after Supreme Court approval
pursuant to subsection B of this section ; provided, any amendment to
the provisions of this section shall not be c onstrued to affect or
abrogate any agreement approved pur suant to the provisions of this
section prior to the effective date of such amendment .
B. 1. If a proposed agreement is n ot disapproved by the
Contingency Review Board pursuant to subsection A of t his section,
the University Hospitals Authority and Unive rsity Hospitals Trust,
within thirty (30) calendar days after the time for Contingency
Review Board action has expired, may file a petition with the
Supreme Court of Oklahoma for a declaratory judgme nt determining the
validity of the proposed agreement. T he review of the Court shall
be based upon the exercise of any of the powers, rights, pr ivileges,
and functions conferred u pon the Authority or the University
Hospitals Trust, as applicable, under th e University Hospitals
Authority Act and Oklahoma laws. Exclusive original jurisdiction is
conferred upon the Supreme Court to hear and determin e such
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petitions. The Supreme Cour t shall give such petitions precedence
over other business of the Court exce pt habeas corpus proceedings.
2. Notice of the hearing o f such a petition shall be give n by a
notice published in a newspaper of general circula tion in this state
that on a day specified the Supreme Court will hear the petition to
approve the proposed agr eement and enter a declaratory judgment.
The notice shall be published one time not les s than ten (10) days
prior to the date specified for the hearing. The notice shall
inform property owners, taxpayers, citizens, and all persons having
or claiming any right, title, or interest in the proposed agreement
or properties or funds to be affecte d by the implementation of the
proposed agreement, or aff ected in any way thereby, that they may
file protests against the approval of the proposed agreement, and be
present at the hearing to contest the legality of the propo sed
agreement. The hearing may be adjourned from time to time at the
discretion of the Court.
3. If the Court is satisfie d that the proposed agreement is in
accordance with the University Hospitals Authority Act and Oklahoma
laws, the Court shall enter a declaratory judgment approving and
declaring the proposed agreement to be valid and con clusive as to
the Authority, the Tr ust, and all other parties to the proposed
agreement; and, upon petition of the Authority, shall issue an order
permanently enjoining all persons described in the n otice required
by this subsection from thereafter institu ting any action or
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proceeding contesting the validity of the proposed agreement. A
declaratory judgment render ed pursuant to this subsection shall have
the force and effect of a final judgment or de cree and shall be
incontestable in any court in this stat e.
4. As used in the University Ho spitals Authority Act, “proposed
agreement” means one or more contracts rega rding the lease and
operations of the University Hospitals hospital or hospitals owned
by the University Hospitals Authority and all other agreem ents
contemplated by or referred to in the contract regarding such lease
and operations.
C. The procedure set forth in this section for review and
approval of agreemen ts regarding the lease and oper ations of the
hospital or hospitals owned by the Universi ty Hospitals Authority
shall not be required for any amendment to an agreement which has
been so reviewed and a pproved which has the effect of increasing
payments due to the University Hospitals Auth ority or University
Hospitals Trust.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
04/13/2023 - DO PASS.