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BUSINESS COURTS

OKLAHOMA 2024 SESSION LAW SERVICE Fifty-Ninth Legislature, 2024 Second Regular Session

2024 Okla. Sess. Law Serv. Ch. 370 (S.B. 473) (WEST)
OKLAHOMA 2024 SESSION LAW SERVICE
Fifty-Ninth Legislature, 2024 Second Regular Session
Additions are indicated by Text; deletions by
Text.
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stricken material by Text .
CHAPTER 370
S.B. No. 473
BUSINESS COURTS
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 force 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; providing 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 92.8f of Title 20, unless there is created a duplication in numbering, reads as follows:
<< OK ST T. 20 § 92.8f >>
There is hereby established one (1) judicial office in District No. 7 for the purpose of providing a business court judge.
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:
<< OK ST T. 20 § 92.15e >>
There is hereby established one (1) judicial office in District No. 14 for the purpose of providing 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:
<< OK ST T. 20 § 91.7a >>
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 the 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.
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 report 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 business court case;
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 business 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 the 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 Tempore 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.
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.
Approved May 31, 2024.
End of Document