Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB473 Latest Draft

Bill / Enrolled Version Filed 05/29/2024

                             
 
 
An Act 
ENROLLED SENATE 
BILL NO. 473 	By: Treat and Paxton of the 
Senate 
 
  and 
 
  O’Donnell, Sneed, Manger, 
West (Kevin), Cantrell, and 
Hilbert of the House 
 
 
 
 
An Act relating to courts; establishing judicial 
office in District No. 7; establishing judicial 
office in District No. 14; creating the Task Force 
for the Study of Business Courts; establishing method 
for appointing members; providing deadline for 
organizational meeting; specifying quorum 
requirements; providing meeting authorization; 
providing for task f orce duties; requiring staff 
assistance; directing submission of reports of 
findings and recommendations by certain deadlines; 
providing for travel reimbursement; providing 
exception; providing for termination of task force; 
providing for codification; pro viding an effective 
date; and declaring an emergency. 
 
 
 
 
SUBJECT:  Business courts 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
SECTION 1.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 9 2.8f of Title 20, unless there 
is created a duplication in numbering, reads as follows: 
 
There is hereby established one (1) judicial office in District 
No. 7 for the purpose of providing a business court judge. 
   
 
ENR. S. B. NO. 473 	Page 2 
SECTION 2.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 92.15e of Title 20, unless there 
is created a duplication in numbering, reads as follows: 
 
There is hereby established one (1) judicial office in District 
No. 14 for the purpose of pro viding a business court judge. 
 
SECTION 3.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 91.7a of Title 20, unless there 
is created a duplication in numbering, reads as follows: 
 
A.  There is hereby created the Task Force for the Study of 
Business Courts. 
 
B.  The task force shall consist of eleven (11) members to be 
appointed or selected as follows: 
 
1.  Five members to be appointed by the Governor, one of whom 
shall be designated by the Governor as the chair of the task force; 
 
2.  Two members to be appointed by the Speaker of the Oklahoma 
House of Representatives; 
 
3.  Two members to be appointed by the President Pro Tempore of 
the Oklahoma State Senate; 
 
4.  One member to be appointed by the Chief Justice of the 
Oklahoma Supreme Court; and 
 
5.  One member to be appointed by the Administrative Director of 
the Courts. 
 
C.  The task force shall conduct an organizational meeting no 
later than September 30, 2024.  A majority of the members present at 
the organizational meeting, or any subsequent meeting , shall 
constitute a quorum for the purpose of any action except the vote on 
the final report.  A majority of the total membership of the task 
force shall constitute a quorum for the purpose of voting on t he 
final report required by subsection H of this section. 
 
D.  The task force shall be authorized to meet as necessary in 
order to perform the duties imposed on it.   
 
ENR. S. B. NO. 473 	Page 3 
 
E.  The task force shall conduct a study to analyze the 
implementation, effect, and impact of creating a Business Court 
System in the State of Oklahoma.  The study shall include but shall 
not be limited to: 
 
1.  The existing Oklahoma court structure; 
 
2.  The examination and study of business court structures in 
other states; and 
 
3.  Such other matters related to business courts as the task 
force deems relevant. 
 
F.  Staff assistance for the task force shall be provided by the 
staff of the Secretary of State. 
 
G.  The task force shall produce a preliminary written report 
and a final written rep ort of its findings and any recommendations 
regarding the creation of business courts in this state which shall 
include but not be limited to recommendations to determine : 
 
1.  Matters that shall and shall not be heard in the business 
court; 
 
2.  The manner in which a business court judge may be selected; 
 
3.  The qualifications, salary, and term limit of a business 
court judge, and the manner in which a business court judge shall be 
replaced if a vacancy occurs; 
 
4.  Whether an office for a secretary -bailiff shall be created 
for business court judges and the compensation of a secretary-
bailiff; 
 
5.  How proper venue is to be determined for a case on the 
business court docket; 
 
6.  A dollar amount to determine which district shall have 
jurisdiction over a bu siness court case; 
   
 
ENR. S. B. NO. 473 	Page 4 
7.  Whether the business court shall exercise supplemental 
jurisdiction; 
 
8.  Whether the business court judge may transfer a matter to a 
civil docket; 
 
9.  The manner in which the transfer of qualified cases to the 
business court shall occur, if at all; 
 
10.  If a business court judge should be disqualified from 
hearing a case, or whether recusal should be required, and the 
manner in which a business court judge shall be replaced; 
 
11.  The procedure governing an appeal from the busines s court; 
 
12.  Whether the business court may conduct remote proceedings; 
 
13.  Filing costs for actions filed in the business court; and 
 
14.  Such other recommendations as the task force deems 
relevant. 
 
H.  The preliminary report shall be submitted to t he Governor, 
the Speaker of the House of Representatives, and the President Pro 
Tempore of the Senate not later than January 1, 2025. The final 
report shall be submitted to the Governor, the Speaker of the House 
of Representatives, and the President Pro T empore of the Senate not 
later than January 1, 2026. 
 
I.  Members of the task force shall be reimbursed for their 
travel expenses from the resources of the appointing authority.  
Members of the task force who are legislators shall not be eligible 
to receive travel reimbursement. 
 
J.  The provisions of this section shall cease to have the force 
and effect of law and the task force shall terminate effective 
January 31, 2026. 
 
SECTION 4.  Sections 1 and 2 of this act shall become effective 
July 1, 2026. 
   
 
ENR. S. B. NO. 473 	Page 5 
SECTION 5.  It being immediately necessary for the preservation 
of the public peace, health or safety, an emergency is hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage and approval. 
   
 
ENR. S. B. NO. 473 	Page 6 
Passed the Senate the 2 9th day of May, 2024. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the 29th day of May, 2024. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this _______ _____________ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _______ __ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this _______ ___ 
day of _________________ _, 20 _______, at _______ o'clock _______ M. 
By: _________________________________