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Oklahoma Statutes |
Title 63. Public Health and Safety.
SUPERSEDED |
SUPERSEDED |
SUPERSEDED |
SUPERSEDED |
Superseded Effective May 08,1997
Chapter 62
University Hospitals Authority Act
§3224. University Hospitals Trust - University Hospitals Trust Legislative Advisory Task Force.
A. The State of Oklahoma expressly approves the creation of a public trust to be denominated the "University Hospitals Trust", of which the State of Oklahoma shall be the beneficiary, provided such approval shall be contingent upon the following conditions being satisfied:
1. Finalizing of the Declaration of Trust;
2. Adoption of the Declaration of Trust by an official action of the trustees of the Trust;
3. Submission of the Trust for acceptance of the beneficial interest and approval as required by Section 177 of Title 60 of the Oklahoma Statutes; and
4. The approved Declaration of Trust shall:
a. clearly state that the principal purpose of the University Hospitals Trust is to effectuate the purposes of the University Hospitals Authority as established in the University Hospitals Authority Act,
b. except as otherwise provided by law, provide that the title to real property held by the University Hospitals Authority shall not be transferred, conveyed, or assigned to the University Hospitals Trust without the express consent of the Legislature as the governing entity of the beneficiary pursuant to Section 176 of Title 60 of the Oklahoma Statutes,
c. provide that any indebtedness incurred by the University Hospitals Trust or the trustees of the Trust shall not be secured with or create a lien upon real property to which title is held by the University Hospitals Authority and shall not involve the bonding capacity of the University Hospitals Authority,
d. provide that the trust estate of the University Hospitals Trust shall not include real property to which fee simple title is held by the University Hospitals Authority,
e. clearly state that the creation of the University Hospitals Trust shall not in any way reduce, limit or interfere with the power granted to the University Hospitals Authority in the University Hospitals Authority Act,
f. provide that any lease or contractual agreement involving use of the real property to which title is held by the University Hospitals Authority and any improvements thereto shall contain a provision and covenants requiring the proper maintenance and upkeep of the real property and improvements,
g. provide that the trustees of the University Hospitals Trust shall be the acting members of the University Hospitals Authority as provided in the University Hospitals Authority Act, and
h. provide that the trustees of the University Hospitals Trust shall have the duty to submit an annual report to the Governor, the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The report shall be submitted by January 1 of each year and shall include an account of all operations, actions of the Trust, account of all revenue received and disbursed by the Trust for the previous fiscal year. The report shall also provide a complete accounting of how the Trust meets its primary function of effectuating the purposes of the University Hospitals Authority, as established in the University Hospitals Authority Act.
B. The University Hospitals Trust shall require any agreements which it enters into with any entity pursuant to Section 3226 of this title for the operations of facilities leased by the University Hospitals Authority to the Trust to include, but not be limited to:
1. The inclusion of four of the five members of the Trust as four of the five members representing the State of Oklahoma in a governing entity;
2. Binding arbitration shall not be involved in such agreements for resolving issues under consideration by the governing entity; and
3. Major decisions to be resolved by a majority of the state appointees. Major decisions shall include, but not be limited to:
a. approval of the operating and capital budgets,
b. sale or disposition of assets over Two Hundred Fifty Thousand Dollars ($250,000.00), and
c. significant program changes at the University Hospitals.
C. To the extent it is determined by legislative enactment that the Trust has expended funds in contravention of its mission as set forth in this section, the Trust shall remit, upon thirty (30) days' written notice from the University Hospitals Authority, such sum or sums to the University Hospitals Authority.
D. There is hereby created the "University Hospitals trust Legislative Advisory Task Force".
1. The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each appoint three legislators from their respective legislative bodies, provided that they shall each appoint one member form the minority party:
2. The chair and vice-chair position shall rotate between the House of Representatives and Senate, provided that the Speaker shall appoint the initial chair whose term shall expire on the first day of the First Regular Session of the Forty-sixth Oklahoma Legislature. The chair and vice chair shall rotate on the first day of the first regular sessions of subsequent legislatures.
3. Members of the Task force shall be reimbursed by their respective legislative bodies for necessary duties related to the Task Force pursuant to Section 456 of Title 74 of the Oklahoma Statutes.
4. The purpose of the Task Force is to provide a means of communication between the Legislature and the University Hospitals Trust. The Trust shall invite members to attend meetings of the Trust. Task Force members shall be able to participate in discussions of the Trust in an advisory capacity.
Historical Data
Added by Laws 1995, c. 263, § 3. Amended by Laws 1996, c. 321, § 5, emerg. eff. June 12, 1996; Amended by Laws 1905, c. 326, § 6, eff. July 01,1996 (
superseded document available); Amended by Laws 1997, c. 2, § 15, eff. February 26,1997 (superseded document available)tempmarker