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3 | 27 | ||
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 | |
7 | 35 | Senate | |
8 | 36 | ||
9 | 37 | and | |
10 | 38 | ||
11 | - | | |
12 | - | ||
39 | + | Echols, Sneed, Manger, West | |
40 | + | (Kevin), Cantrell, and | |
13 | 41 | Hilbert of the House | |
14 | 42 | ||
15 | 43 | ||
16 | 44 | ||
45 | + | ||
46 | + | CONFERENCE COMMITTEE SUBSTITUTE | |
17 | 47 | ||
18 | 48 | An Act relating to courts; establishing judicial | |
19 | 49 | office in District No. 7; establishing judicial | |
20 | 50 | office in District No. 14; creating the Task Force | |
21 | 51 | for the Study of Business Courts; establishing method | |
22 | 52 | for appointing member s; providing deadline for | |
23 | 53 | organizational meeting; specifying quorum | |
24 | 54 | requirements; providing meeting authorization; | |
25 | 55 | providing for task force duties; requiring staff | |
26 | 56 | assistance; directing submission of reports of | |
27 | 57 | findings and recommendations by certain deadl ines; | |
28 | 58 | providing for travel reimbursement; providing | |
29 | 59 | exception; providing for termination of task force; | |
30 | 60 | providing for codification; providing an effective | |
31 | 61 | date; and declaring an emergency. | |
32 | 62 | ||
33 | 63 | ||
34 | 64 | ||
35 | 65 | ||
36 | - | SUBJECT: Business courts | |
37 | - | ||
38 | 66 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
39 | - | ||
40 | 67 | SECTION 1. NEW LAW A new section of law to be codified | |
41 | 68 | in the Oklahoma Statutes as Section 92.8f of Ti tle 20, unless there | |
42 | 69 | is created a duplication in numbering, reads as follows: | |
43 | 70 | ||
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44 | 96 | There is hereby establishe d one (1) judicial office i n District | |
45 | 97 | No. 7 for the purpose of providing a business court judge. | |
46 | - | ||
47 | - | ||
48 | - | ENR. S. B. NO. 473 Page 2 | |
49 | 98 | SECTION 2. NEW LAW A new section of law to be codified | |
50 | 99 | in the Oklahoma Statutes as Section 92.15e of Title 20, unless there | |
51 | 100 | is created a duplication in numbering, reads as follows: | |
52 | - | ||
53 | 101 | There is hereby established one (1) judicial office in District | |
54 | 102 | No. 14 for the purpose of providing a busi ness court judge. | |
55 | - | ||
56 | 103 | SECTION 3. NEW LAW A new section of law to be codified | |
57 | 104 | in the Oklahoma Statutes as Sectio n 91.7a of Title 20, unless there | |
58 | 105 | 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. | |
63 | 108 | B. The task force shall consist of eleven (11) members to be | |
64 | 109 | appointed or selected as f ollows: | |
65 | - | ||
66 | 110 | 1. Five members to be appointed by the Governor, one of whom | |
67 | 111 | shall be designated by the Governor as the chair of the task force; | |
68 | - | ||
69 | 112 | 2. Two members to be appointed by the Speaker of the Oklahoma | |
70 | 113 | House of Representatives; | |
71 | - | ||
72 | 114 | 3. Two members to be appoint ed by the President Pro Tempore of | |
73 | 115 | the Oklahoma State Senate; | |
74 | - | ||
75 | 116 | 4. One member to be appointed by the Chief Justice of the | |
76 | 117 | Oklahoma Supreme Court; and | |
77 | - | ||
78 | 118 | 5. One member to be appointed by the Administrative Director of | |
79 | 119 | the Courts. | |
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80 | 145 | ||
81 | 146 | C. The task force shall conduct an organizational meeting no | |
82 | 147 | later than September 30, 2024. A majority of the members present at | |
83 | 148 | the organizational meeti ng, or any subsequent meeting , shall | |
84 | 149 | constitute a quorum for the purpose of any action except the vote o n | |
85 | 150 | the final report. A majority of the total membership of the task | |
86 | 151 | force shall constitute a quorum for the purpose of voting on the | |
87 | 152 | final report required by subsection H of this section. | |
88 | - | ||
89 | 153 | D. The task force shall be authorized to meet as necessary in | |
90 | 154 | order to perform the duties impo sed on it. | |
91 | - | ||
92 | - | ENR. S. B. NO. 473 Page 3 | |
93 | - | ||
94 | 155 | E. The task force shall conduct a study to analyze the | |
95 | 156 | implementation, effect, and impact of creating a Business Court | |
96 | 157 | System in the State of Oklahoma. The study shall include but shall | |
97 | 158 | not be limited to: | |
98 | - | ||
99 | 159 | 1. The existing Oklahoma court struct ure; | |
100 | - | ||
101 | 160 | 2. The examination and study of business court structures in | |
102 | 161 | other states; and | |
103 | - | ||
104 | 162 | 3. Such other matters related to business courts as the task | |
105 | 163 | force deems relevant. | |
106 | - | ||
107 | 164 | F. Staff assistance for the task force shall be provided by the | |
108 | 165 | staff of the Secretary of State. | |
109 | - | ||
110 | 166 | G. The task force shall produce a preliminary written report | |
111 | 167 | and a final written report of its findings and any r ecommendations | |
112 | 168 | regarding the creation of business courts in this state which shall | |
113 | 169 | include but not be li mited to recommendations to determine: | |
114 | 170 | ||
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115 | 196 | 1. Matters that shall and shall not be heard in the business | |
116 | 197 | court; | |
117 | - | ||
118 | 198 | 2. The manner in which a business court judge may be selected; | |
119 | - | ||
120 | 199 | 3. The qualifications, salary, and term limit of a business | |
121 | 200 | court judge, and the manner in which a business court judge shall be | |
122 | 201 | replaced if a vacancy occurs; | |
123 | - | ||
124 | 202 | 4. Whether an office for a secretary -bailiff shall be created | |
125 | 203 | for business court judges and the compensation of a secretary- | |
126 | 204 | bailiff; | |
127 | - | ||
128 | 205 | 5. How proper venue is to be determined for a case on the | |
129 | 206 | business court docket; | |
130 | - | ||
131 | 207 | 6. A dollar amount to determine which district shall have | |
132 | 208 | jurisdiction over a business court case; | |
133 | - | ||
134 | - | ||
135 | - | ENR. S. B. NO. 473 Page 4 | |
136 | 209 | 7. Whether the business court shall exercise supplemental | |
137 | 210 | jurisdiction; | |
138 | - | ||
139 | 211 | 8. Whether the business court judge may transfer a matter to a | |
140 | 212 | civil docket; | |
141 | - | ||
142 | 213 | 9. The manner in which the transfer of qualified cases to the | |
143 | 214 | business court shall occur , if at all; | |
144 | - | ||
145 | 215 | 10. If a business court judge should be disqualified from | |
146 | 216 | hearing a case, or whether recusal should be required, and the | |
147 | 217 | manner in which a business court judge shall be replaced; | |
148 | - | ||
149 | 218 | 11. The procedure governing an appeal from the business court; | |
150 | - | ||
151 | 219 | 12. Whether the business court may conduct remote proceedings; | |
152 | 220 | ||
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153 | 246 | 13. Filing costs for actions filed in the business court; and | |
154 | - | ||
155 | 247 | 14. Such other recommendations as the task force deems | |
156 | 248 | relevant. | |
157 | - | ||
158 | 249 | H. The preliminary report shall be submitted to the Governor, | |
159 | 250 | the Speaker of the House of Rep resentatives, and the President Pro | |
160 | 251 | Tempore of the Senate not later than January 1, 2025. The final | |
161 | 252 | report shall be submitted to t he Governor, the Speaker of the House | |
162 | 253 | of Representatives, and the President Pro Tempore of the Senate not | |
163 | 254 | later than January 1, 2026. | |
164 | - | ||
165 | 255 | I. Members of the task force shall be reimbursed for their | |
166 | 256 | travel expenses from the resources of the appointing authority . | |
167 | 257 | Members of the task force who are legislators shall not be eligible | |
168 | 258 | to receive travel reimbursement. | |
169 | - | ||
170 | 259 | J. The provisions of this section shall cease to have the force | |
171 | 260 | and effect of law and the task force shall terminate effecti ve | |
172 | 261 | January 31, 2026. | |
173 | - | ||
174 | 262 | SECTION 4. Sections 1 and 2 of this act shall become effective | |
175 | 263 | July 1, 2026. | |
176 | - | ||
177 | - | ||
178 | - | ENR. S. B. NO. 473 Page 5 | |
179 | 264 | SECTION 5. It being immediately necessary for the preservation | |
180 | 265 | of the public peace, health or safety, an emergency is hereby | |
181 | 266 | declared to exist, by reas on whereof this act shall take effect and | |
182 | 267 | be in full force from and after its passage and approval. | |
183 | 268 | ||
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: _________________________________ | |
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