Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB473 Compare Versions

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4-An Act
5-ENROLLED SENATE
6-BILL NO. 473 By: Treat and Paxton of the
28+STATE OF OKLAHOMA
29+
30+2nd Session of the 59th Legislature (2024)
31+
32+CONFERENCE COMMITTEE SUBSTITUTE
33+FOR ENGROSSED
34+SENATE BILL 473 By: Treat and Paxton of the
735 Senate
836
937 and
1038
11- O’Donnell, Sneed, Manger,
12-West (Kevin), Cantrell, and
39+ Echols, Sneed, Manger, West
40+(Kevin), Cantrell, and
1341 Hilbert of the House
1442
1543
1644
45+
46+CONFERENCE COMMITTEE SUBSTITUTE
1747
1848 An Act relating to courts; establishing judicial
1949 office in District No. 7; establishing judicial
2050 office in District No. 14; creating the Task Force
2151 for the Study of Business Courts; establishing method
2252 for appointing member s; providing deadline for
2353 organizational meeting; specifying quorum
2454 requirements; providing meeting authorization;
2555 providing for task force duties; requiring staff
2656 assistance; directing submission of reports of
2757 findings and recommendations by certain deadl ines;
2858 providing for travel reimbursement; providing
2959 exception; providing for termination of task force;
3060 providing for codification; providing an effective
3161 date; and declaring an emergency.
3262
3363
3464
3565
36-SUBJECT: Business courts
37-
3866 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
39-
4067 SECTION 1. NEW LAW A new section of law to be codified
4168 in the Oklahoma Statutes as Section 92.8f of Ti tle 20, unless there
4269 is created a duplication in numbering, reads as follows:
4370
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4496 There is hereby establishe d one (1) judicial office i n District
4597 No. 7 for the purpose of providing a business court judge.
46-
47-
48-ENR. S. B. NO. 473 Page 2
4998 SECTION 2. NEW LAW A new section of law to be codified
5099 in the Oklahoma Statutes as Section 92.15e of Title 20, unless there
51100 is created a duplication in numbering, reads as follows:
52-
53101 There is hereby established one (1) judicial office in District
54102 No. 14 for the purpose of providing a busi ness court judge.
55-
56103 SECTION 3. NEW LAW A new section of law to be codified
57104 in the Oklahoma Statutes as Sectio n 91.7a of Title 20, unless there
58105 is created a duplication in numbering, reads as follows:
59-
60-A. There is hereby created the Task Force for the Study of
61-Business Courts.
62-
106+A. There is hereby created the Task Force for the Study
107+of Business Courts.
63108 B. The task force shall consist of eleven (11) members to be
64109 appointed or selected as f ollows:
65-
66110 1. Five members to be appointed by the Governor, one of whom
67111 shall be designated by the Governor as the chair of the task force;
68-
69112 2. Two members to be appointed by the Speaker of the Oklahoma
70113 House of Representatives;
71-
72114 3. Two members to be appoint ed by the President Pro Tempore of
73115 the Oklahoma State Senate;
74-
75116 4. One member to be appointed by the Chief Justice of the
76117 Oklahoma Supreme Court; and
77-
78118 5. One member to be appointed by the Administrative Director of
79119 the Courts.
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80145
81146 C. The task force shall conduct an organizational meeting no
82147 later than September 30, 2024. A majority of the members present at
83148 the organizational meeti ng, or any subsequent meeting , shall
84149 constitute a quorum for the purpose of any action except the vote o n
85150 the final report. A majority of the total membership of the task
86151 force shall constitute a quorum for the purpose of voting on the
87152 final report required by subsection H of this section.
88-
89153 D. The task force shall be authorized to meet as necessary in
90154 order to perform the duties impo sed on it.
91-
92-ENR. S. B. NO. 473 Page 3
93-
94155 E. The task force shall conduct a study to analyze the
95156 implementation, effect, and impact of creating a Business Court
96157 System in the State of Oklahoma. The study shall include but shall
97158 not be limited to:
98-
99159 1. The existing Oklahoma court struct ure;
100-
101160 2. The examination and study of business court structures in
102161 other states; and
103-
104162 3. Such other matters related to business courts as the task
105163 force deems relevant.
106-
107164 F. Staff assistance for the task force shall be provided by the
108165 staff of the Secretary of State.
109-
110166 G. The task force shall produce a preliminary written report
111167 and a final written report of its findings and any r ecommendations
112168 regarding the creation of business courts in this state which shall
113169 include but not be li mited to recommendations to determine:
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115196 1. Matters that shall and shall not be heard in the business
116197 court;
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118198 2. The manner in which a business court judge may be selected;
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120199 3. The qualifications, salary, and term limit of a business
121200 court judge, and the manner in which a business court judge shall be
122201 replaced if a vacancy occurs;
123-
124202 4. Whether an office for a secretary -bailiff shall be created
125203 for business court judges and the compensation of a secretary-
126204 bailiff;
127-
128205 5. How proper venue is to be determined for a case on the
129206 business court docket;
130-
131207 6. A dollar amount to determine which district shall have
132208 jurisdiction over a business court case;
133-
134-
135-ENR. S. B. NO. 473 Page 4
136209 7. Whether the business court shall exercise supplemental
137210 jurisdiction;
138-
139211 8. Whether the business court judge may transfer a matter to a
140212 civil docket;
141-
142213 9. The manner in which the transfer of qualified cases to the
143214 business court shall occur , if at all;
144-
145215 10. If a business court judge should be disqualified from
146216 hearing a case, or whether recusal should be required, and the
147217 manner in which a business court judge shall be replaced;
148-
149218 11. The procedure governing an appeal from the business court;
150-
151219 12. Whether the business court may conduct remote proceedings;
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153246 13. Filing costs for actions filed in the business court; and
154-
155247 14. Such other recommendations as the task force deems
156248 relevant.
157-
158249 H. The preliminary report shall be submitted to the Governor,
159250 the Speaker of the House of Rep resentatives, and the President Pro
160251 Tempore of the Senate not later than January 1, 2025. The final
161252 report shall be submitted to t he Governor, the Speaker of the House
162253 of Representatives, and the President Pro Tempore of the Senate not
163254 later than January 1, 2026.
164-
165255 I. Members of the task force shall be reimbursed for their
166256 travel expenses from the resources of the appointing authority .
167257 Members of the task force who are legislators shall not be eligible
168258 to receive travel reimbursement.
169-
170259 J. The provisions of this section shall cease to have the force
171260 and effect of law and the task force shall terminate effecti ve
172261 January 31, 2026.
173-
174262 SECTION 4. Sections 1 and 2 of this act shall become effective
175263 July 1, 2026.
176-
177-
178-ENR. S. B. NO. 473 Page 5
179264 SECTION 5. It being immediately necessary for the preservation
180265 of the public peace, health or safety, an emergency is hereby
181266 declared to exist, by reas on whereof this act shall take effect and
182267 be in full force from and after its passage and approval.
183268
184-
185-ENR. S. B. NO. 473 Page 6
186-Passed the Senate the 2 9th day of May, 2024.
187-
188-
189-
190- Presiding Officer of the Senate
191-
192-
193-Passed the House of Representatives the 29th day of May, 2024.
194-
195-
196-
197- Presiding Officer of the House
198- of Representatives
199-
200-OFFICE OF THE GOVERNOR
201-Received by the Office of the Governor this _______ _____________
202-day of _________________ __, 20_______, at _______ o'clock _______ M.
203-By: _________________________________
204-Approved by the Governor of the State of Oklahoma this _______ __
205-day of _________________ __, 20_______, at _______ o'clock _______ M.
206-
207- _________________________________
208- Governor of the State of Oklahoma
209-
210-
211-OFFICE OF THE SECRETARY OF STATE
212-Received by the Office of the Secretary of State this _______ ___
213-day of _________________ _, 20 _______, at _______ o'clock _______ M.
214-By: _________________________________
269+59-2-3844 TEK 5/28/2024 10:56:01 AM