Oklahoma § 70-23

§ 70-23.

Repealed by Laws 1949, p. 607, art. 20, § 9.

§70-23-101. Purpose of the Television Authority.

It is the intent of the Oklahoma Legislature and the purpose of

this article to make educational television services available to

all Oklahoma citizens on a coordinated statewide basis. Said

educational television services shall be provided by and through the

various educational and cultural agencies in the State of Oklahoma

under the direction and supervision of the Oklahoma Educational

Television Authority hereinafter created.

The Oklahoma Educational Television Authority is hereby

authorized and empowered to plan, construct, repair, maintain and

operate educational television facilities with channels assigned by

the Federal Communications Commission to the State of Oklahoma for

educational television purposes. The purpose of said Authority

shall be to provide a statewide educational television system,

including any arrangements for extension thereof and interchanges

and rental as may be necessary in establishing such statewide

facilities.

The Oklahoma Educational Television Authority is hereby

authorized to issue revenue bonds of the Authority payable solely

from dedicated revenues to pay the cost of providing educational

television facilities as authorized in this article. Such revenue

bonds shall never become obligations of the State of Oklahoma, but

shall be retired by the Authority as provided in this article. Such

revenue bonds shall contain on the face thereof a statement to the

effect that neither the state nor the Authority shall be obligated

to pay the same or the interest thereon except from revenues

dedicated by the Legislature, and that neither the faith and credit

nor the taxing power of the state or any political subdivision

thereof is pledged, or may hereafter be pledged, to the payment of

the principal of, or the interest on, such bonds.

Added by Laws 1971, c. 281, § 23-101, eff. July 2, 1971.

§70-23-102. Advertising unlawful

It shall be unlawful for the Authority to permit any individual,

company, corporation, or organization to advertise or otherwise

attempt to sell its products or services through the use of the

Oklahoma Statutes - Title 70. Schools

facilities controlled by the Authority; and it shall also be

unlawful for said Authority to permit any individual or organization

to in any way sponsor the election of any party or individual for

any public office; provided, however, that nothing in this section

shall be construed in a manner which would exclude announcements and

programs of nonprofit charitable and educational organizations which

are for the public good. Information programs sponsored by legally

authorized agencies of the state and federal governments for the

public good are to be considered proper program material. Provided

further, that the influence, direction or attempt to influence or

direct the program content or programs shown on public television by

an elected official or his representative for the purposes of

personal gain or political benefit, direct or indirect, shall be

unlawful and that violation of this section shall be a misdemeanor

punishable by a fine not to exceed One Thousand Dollars ($1,000.00)

or imprisonment not to exceed one (1) year, or both.

Added by Laws 1971, c. 281, § 23-102, eff. July 2, 1971. Amended by

Laws 1976, c. 275, § 4, emerg. eff. June 17, 1976.

§70-23-103.

Repealed by Laws 1993, c. 155, § 4, eff. July 1, 1993.

§70-23-104. The meaning of words and terms.

As used in this article, unless the context indicates otherwise:

1. "State Department of Education" means that department of the

state government in which are placed the agencies created or

authorized by the Constitution and Legislature charged with the

responsibility of determining the policies and directing the

administration and supervision of the common school system of the

state. These agencies are the State Board of Education, the State

Superintendent of Public Instruction, and such divisions and

positions as may be established by law or by the State Board of

Education.

2. "State Board of Education" means that agency in the State

Department of Education which is the governing board of said

Department and of the common school system of the state.

3. "State Superintendent of Public Instruction" means the

elected offical provided for in Article VI, Section 1 of the

Constitution of Oklahoma, who is the executive officer of the State

Board of Education.

4. "Oklahoma State Regents for Higher Education" means that

body created by Article XIII-A of the Constitution of Oklahoma to

coordinate the affairs of all institutions of higher learning

supported by taxation in the State of Oklahoma.

5. "Common schools of Oklahoma" means all private schools and

all schools supported by public taxation, and including elementary

and secondary schools, the first two (2) years of junior college,

Oklahoma Statutes - Title 70. Schools

night school, adult and other special classes, and vocational

instruction.

6. "Institutions of higher learning" means all private

institutions and all the state universities and colleges which are

supported by public taxation or otherwise authorized by laws in

effect or enacted hereinafter.

7. "Authority" means the Oklahoma Educational Television

Authority created by Section 23-105 of this article, or, if said

Authority shall be abolished, the board, body, or commission

succeeding to the principal functions of said Authority, or to whom

the power is given by law.

8. "Facilities" means channels, all equipment, and properties,

including the construction and operation thereof at any given point

together with all rights, easements, leases, and interests which may

be acquired by the Authority for such construction and operation

which may be deemed necessary for the accomplishment of the purposes

set forth in Section 23-101 of this article.

9. "Cost" as applied to the facilities means the cost of

construction including the acquisition of all land, rights-of-way,

property, rights, easements, and interest acquired by the Authority

for such construction; all machinery and equipment, financing

charges, interest prior to and during construction; engineering and

legal expenses, plans, specifications, surveys, estimates of cost

and of revenues, other expenses necessary or incident to determining

the feasibility or practicability of constructing any such

facilities; administrative expense, and such other expense as may be

necessary or incident to the construction of the facilities; and the

financing of such construction and the placing of the facilities in

operation.

10. "Owner" means all individuals, copartnerships,

associations, or corporations having any title or interest in any

property, rights, easements, and interest authorized to be acquired

by this article.

11. "Oklahoma Educational Television Network" means the

educational television channels allocated to the state by the

Federal Communications Commission and maintained and operated by the

Oklahoma Educational Television Authority.

12. "Executive Director" means the Executive Director of the

Oklahoma Educational Television Authority, authorized by the

provisions of Section 3 of this act.

Amended by Laws 1983, c. 172, § 1, operative July 1, 1983.

§70-23-105. Oklahoma Educational Television Authority — Creation —

Membership — Terms — Officers.

There is hereby re-created, to continue until July 1, 2026, in

accordance with the provisions of the Oklahoma Sunset Law, Section

3901 et seq. of Title 74 of the Oklahoma Statutes, a body corporate

Oklahoma Statutes - Title 70. Schools

and politic to be known as the "Oklahoma Educational Television

Authority", and by that name the Authority may sue and be sued, and

plead and be impleaded. The Authority is hereby constituted an

instrumentality of the state, and the exercise by the Authority of

the powers conferred by this article for the planning, construction,

operation, and maintenance of educational television facilities

shall be deemed and held to be an essential function of the state.

The Oklahoma Educational Television Authority shall consist of

thirteen (13) members, including the President of the University of

Oklahoma, the President of Oklahoma State University, the State

Superintendent of Public Instruction, the Chancellor of the Oklahoma

State Regents for Higher Education, the president of one of the

state-supported four-year colleges to be chosen by the presidents of

this group of institutions, the president of one of the statesupported two-year colleges to be chosen by the presidents of this

group of institutions, and seven additional members to be appointed

by the Governor with the advice and consent of the Senate, to serve

seven-year terms.

The appointed members shall have been residents of the state for

at least five (5) years preceding the date of their appointment.

The appointed members shall include one member from each of the

congressional districts and any remaining members shall be appointed

from the state at large. However, when congressional districts are

redrawn each member appointed prior to July 1 of the year in which

such modification becomes effective shall complete the current term

of office and appointments made after July 1 of the year in which

such modification becomes effective shall be based on the redrawn

districts. Appointments made after July 1 of the year in which such

modification becomes effective shall be from any redrawn districts

which are not represented by an authority member until such time as

each of the modified congressional districts are represented by an

authority member. A majority of the appointed members shall be

actively engaged in the profession of education. Each appointed

member of the Authority, before entering upon the duties of the

member, shall take the oath provided for by Section 1 of Article XV

of the Constitution of the State of Oklahoma.

The seven original members appointed by the Governor shall

continue in office for terms expiring on June 30, 1954; June 30,

1955; June 30, 1956; June 30, 1957; June 30, 1958; June 30, 1959;

and June 30, 1960, respectively. The terms of each of the original

appointed members shall be designated by the Governor, and said

members shall serve for their appointed terms and until their

respective successors shall be appointed and qualified. The

successor of each appointed member shall be appointed for a term of

seven (7) years, except that any person appointed to fill a vacancy

shall be appointed to serve only for the unexpired term in said

vacancy.

Oklahoma Statutes - Title 70. Schools

The Authority shall elect from the membership of the Authority a

chair, a vice-chair, and a secretary-treasurer. Any such officers

elected by the Authority on or after July 1, 1984, shall be

appointed to serve a term of one (1) year. Seven members of the

Authority shall constitute a quorum, and the vote of seven members

shall be necessary for any action taken by the Authority. No

vacancy in the membership of the Authority shall impair the right of

a quorum to exercise all the rights and perform all the duties of

the Authority. The Authority shall meet at least quarterly.

The members of the Authority shall not be entitled to

compensation for their services, but each member shall be reimbursed

for travel expenses incurred in performing official duties in

accordance with the provisions of the State Travel Reimbursement

Act. No liability or obligation shall be incurred by the Authority

beyond the extent to which monies shall have been provided pursuant

to the authority of this article.

Added by Laws 1971, c. 281, § 23-105, eff. July 2, 1971. Amended by

Laws 1980, c. 159, § 22, emerg. eff. April 2, 1980; Laws 1983, c.

172, § 2, operative July 1, 1983; Laws 1985, c. 178, § 56, operative

July 1, 1985; Laws 1990, c. 318, § 1, emerg. eff. May 30, 1990; Laws

1996, c. 54, § 1, eff. Nov. 1, 1996; Laws 2002, c. 375, § 19, eff.

Nov. 5, 2002; Laws 2003, c. 3, § 82, emerg. eff. March 19, 2003;

Laws 2008, c. 13, § 1; Laws 2012, c. 231, § 1; Laws 2014, c. 290, §

1; Laws 2020, c. 116, § 21, eff. July 1, 2020; Laws 2023, c. 296, §

1.

NOTE: Laws 2002, c. 104, § 1 repealed by Laws 2003, c. 3, § 83,

emerg. eff. March 19, 2003.

§70-23-106. Powers of Authority.

The Authority is hereby authorized and empowered:

1. To accept, assume and control the television channels

assigned by the Federal Communications Commission to the State of

Oklahoma for educational purposes;

2. To adopt bylaws for the regulation of its affairs and the

conduct of its business;

3. To adopt an official seal and alter the same at pleasure;

4. To maintain an office at such place or places within the

state as it may designate;

5. To sue and be sued in its own name, plead and be impleaded;

provided, however, that any and all actions, at law or in equity,

against the Authority shall be brought in the county in which the

principal office of the Authority shall be located, or in the county

of the residence of the plaintiff, or in the county where the cause

of action arose;

6. To construct, maintain, repair and operate television

facilities which with their access connections are designated

Oklahoma Statutes - Title 70. Schools

ultimately to extend to and include all sections and areas of the

State of Oklahoma;

7. To issue revenue bonds of the Authority, payable solely from

dedicated revenues, for the purpose of paying all or any part of the

cost of needed facilities;

8. To fix and revise from time to time any necessary charges

for the use of any facilities;

9. To pay for the annual cost of the operation, maintenance and

repair of such facilities;

10. To pay as and when due the principal and interest on the

revenue certificates or bonds issued to pay for such facilities;

11. To accumulate and maintain such reserves as are provided

for in the resolution or trust indenture under which such bonds are

issued or secured;

12. To acquire, hold, or dispose of real and personal property

in the exercise of its powers and the performance of its duties

under this act;

13. To acquire in the name of the Authority by purchase or

otherwise, on such terms and conditions and in such manner as it may

deem proper, or by the exercise of the right of condemnation in

manner hereinafter provided, such public or private lands, rightsof-way, property, rights, easements, and interests, as it may deem

necessary for carrying out the provisions of this article; and it is

the intent of the Legislature that all public property damaged in

carrying out the powers granted by this article shall be restored or

repaired and placed in its original condition as nearly as

practicable;

14. To designate, except as is provided for herein, the

locations; and to establish, limit and control such points of

ingress to and egress from each facility as may be necessary or

desirable in the judgment of the Authority to insure the proper

operation and maintenance of such facility;

15. To make and enter into all contracts and agreements

necessary or incidental to the performance of its duties and the

execution of its powers under this article, and to employ consulting

engineers, attorneys, accountants, construction and financial

experts, superintendents, managers, and such other employees and

agents as may be necessary in its judgment, and to fix their

compensation;

16. To receive appropriations from the State Legislature and

accept from any federal agency grants for or in aid of the

construction and operation of any project; provided, the acceptance

of such grants or appropriations will not reduce the amount of

federal aid for other education in this state; and to receive and

accept aid or contributions from any source of either money,

property, labor, or other things of value;

Oklahoma Statutes - Title 70. Schools

17. To do any and all things necessary to comply with rules,

regulations, or requirements of the Federal Communications

Commission or any other federal agency administering any law enacted

by the Congress of the United States to aid or encourage education;

18. To do all things necessary or convenient to carry out the

powers expressly granted in this article.

It shall be unlawful for any member, officer, or employee of the

Authority to transact with the Authority, either directly or

indirectly, any business for profit of such member, officer, or

employee; and any person, firm or corporation knowingly

participating therein shall be equally liable for violation of this

provision.

The term “business for profit” shall include, but not be limited

to, the acceptance or payment of any fee, commission, gift or

consideration to such member, officer or employee.

Any person found guilty of violating any of the provisions of

this section shall be guilty of a Class D1 felony offense, and shall

be punishable by a fine of not less than Five Hundred Dollars

($500.00), and not more than Five Thousand Dollars ($5,000.00), or

by imprisonment as provided for in subsections B through F of

Section 20N of Title 21 of the Oklahoma Statutes, or by both such

fine and imprisonment.

Added by Laws 1971, c. 281, § 23-106, eff. July 2, 1971. Amended by

Laws 1997, c. 133, § 576, eff. July 1, 1999; Laws 1999, 1st

Ex.Sess., c. 5, § 416, eff. July 1, 1999; Laws 2025, c. 486, § 574,

eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 576 from July 1, 1998, to July 1, 1999.

§70-23-106.1. Executive Director.

The chief executive officer of the Authority shall be the

Executive Director, who shall be appointed by and serve at the

pleasure of the Authority. The Executive Director shall be

appointed solely on the basis of his qualifications to administer

and direct the affairs of the Oklahoma Educational Television

Network. The Authority shall fix the salary of the Executive

Director.

Added by Laws 1983, c. 172, § 3, operative July 1, 1983.

§70-23-106.2. Powers and duties of Executive Director.

Subject to the policies, rules, and regulations of the

Authority, the Executive Director shall:

1. recommend to the Authority the appointment, promotion,

demotion, suspension, or removal of all administrative officers and

employees of the Oklahoma Educational Television Network whose

function is to postaudit said Network or make studies or

investigations which are independent of the Executive Director; and

Oklahoma Statutes - Title 70. Schools

2. organize, regulate, direct, supervise, and control all

administrative personnel whose appointment he is authorized to make

or recommend and all property he is authorized by the Authority to

keep or use; and

3. establish an accounting system for the Oklahoma Educational

Television Network and supervise the handling of all funds of said

Network; and

4. annually prepare a budget and submit said budget to the

Authority, administer the budget after it goes into effect, and

recommend to the Authority any changes in the budget which he may

deem necessary; and

5. submit to the Authority a report on the finances and

administrative activities of the Oklahoma Educational Television

Network at the end of each calendar month and each fiscal year, and

submit such other reports as the Authority may require; and

6. advise the Authority on the financial condition and the

needs of the Oklahoma Educational Television Network, and make such

recommendations to the Authority as he may deem necessary; and

7. perform such other duties and have such other powers as the

Authority may prescribe.

Added by Laws 1983, c. 172, § 4, operative July 1, 1983.

§70-23-107. Powers continued.

The Authority is hereby authorized and empowered to acquire by

purchase, whenever it shall deem such purchase expedient, any land,

property, rights, rights-of-way, franchises, easements, or other

interests in lands as it may deem necessary or convenient for the

construction, maintenance, and operation of the facilities upon such

terms and at such price as may be considered by it to be reasonable

and can be agreed upon between the Authority and the owner thereof,

and to take title thereto in the name of the Authority.

Added by Laws 1971, c. 281, § 23-107, eff. July 2, 1971.

§70-23-108. The Authority has power to condemn property.

Whenever a reasonable price cannot be agreed upon, or whenever

the owner is legally incapacitated, or is absent, unknown, or unable

to convey valid title, the Authority is hereby authorized and

empowered to acquire by condemnation proceedings in the same manner

as land is condemned for railroad purposes any land, property,

rights, rights-of-way, franchises, easements, or other property

deemed necessary or convenient for the construction or the efficient

operation of any facilities, or necessary in the restoration of

public or private property damaged or destroyed. No act or

obligation of the Authority shall impose any liability upon the

state or the Authority except such as may be paid from the funds

provided under the authority of the article.

Added by Laws 1971, c. 281, § 23-108, eff. July 2, 1971.

Oklahoma Statutes - Title 70. Schools

§70-23-109. Authority may issue revenue bonds.

The Authority may provide by resolution, at one time or from

time to time, for the issuance of revenue bonds of the Authority for

the purpose of paying all or any of the cost of any one or more

projects, but each project shall be covered by a separate resolution

and separate bond issue or issues. Provided, each such resolution

must receive legislative approval prior to actual issuance of said

revenue bonds. The principal of and the interest on such bonds

shall be payable solely from the funds herein provided for such

payment. The bonds of each issue shall be dated, shall bear

interest at a rate not to exceed ten percent (10%), and shall mature

in annual installments at such time or times not exceeding the

maximum time permitted by the Constitution of the State of Oklahoma,

but in any event not more than forty (40) years after their date as

may be determined by the Authority. The Authority may cause the

bonds or any installment thereof to be made redeemable before

maturity, at the option of the Authority, at such price or prices,

and under such terms and conditions as may be fixed by the Authority

prior to the issuance of the bonds. The Authority shall determine

the form of the bonds, including any interest coupons to be attached

thereto, and shall fix the denomination or denominations of the

bonds and the place or places of payment of principal and interest,

which may be at any bank or trust company within or without the

state. The bonds shall be signed by the chairman of the Authority,

and the official seal of the Authority shall be affixed thereto and

attested by the secretary-treasurer of the Authority, and any

coupons attached thereto shall bear the facsimile signature of the

chairman of the Authority. In case any officer whose signature or a

facsimile of whose signature shall appear on any bonds or coupons

shall cease to be such officer before the delivery of such bonds,

such signature or such facsimile shall nevertheless be valid and

sufficient for all purposes the same as if he had remained in office

until such delivery. All bonds issued under the provisions of this

article shall have and are hereby declared to have all the qualities

and incidents of negotiable instruments under the negotiable

instruments law of the state. The bonds may be issued in coupon or

in registered form or both, as the Authority may determine, and

provisions may be made for the registration of any coupon bonds as

to principal and interest. The Authority shall sell such bonds at

public sale. Notice of the sale shall be published in a Thursday

issue for two (2) successive weeks in a daily newspaper of general

circulation in the State of Oklahoma. The date mentioned in the

notice for the sale of the bonds shall not be less than ten (10)

days after the first publication thereof. All bonds shall be sold

to the bidder who will bid therefor par and accrued interest, and

who shall stipulate in his bid the lowest rate of interest which

Oklahoma Statutes - Title 70. Schools

such bonds shall bear. It is the intent of this article that the

bonds shall be awarded to the bidder bidding rate or rates of

interest which will be the lowest interest cost during the life of

the bonds. Any premium bid shall not be considered in figuring such

interest cost but shall be considered only in case two or more

bidders bid the same interest cost. Upon the acceptance of such

bid, the bonds shall be issued in accordance therewith and shall be

delivered to the purchaser upon payment of the purchase price. Each

bidder shall submit with his bid such sum in cash or its equivalent

as may be determined by the Authority, and upon the acceptance of

any bid such deposit shall become the property of the Authority and

shall be credited on the purchase price of the bonds, upon the

understanding that if the purchaser shall fail five (5) days after

the tender of bonds to pay the balance of the purchase price, said

sale shall be thereby annulled and said deposit shall be in such

event retained by the Authority and credited to the account for

which such bonds are being issued and shall be used accordingly. All

other deposits shall be returned. The Authority shall have the

right to reject all bids and readvertise the bonds for sale. The

bonds need not be issued and sold in series. In no event shall the

bonds be sold at a price so low as to require the payment of

interest on the money received therefor at more than ten percent

(10%), computed with relation to the absolute maturity of the bonds

in accordance with the standard tables of bond values, excluding,

however, from such computation the amount of any premium to be paid

on the redemption of any bonds prior to maturity.

The proceeds of the bonds of each issue shall be used solely for

the payment of the cost of the project, for which such bonds shall

have been issued, and shall be disbursed in such manner, and under

such restrictions, if any, as the Authority may provide in the

resolution authorizing the issuance of such bonds or in the trust

agreement hereinafter mentioned securing the same. If the proceeds

of the bonds of any issue, by error of estimates or otherwise, shall

be less than such cost, additional bonds may in like manner be

issued to provide the amount of such deficit, and, unless otherwise

provided in the resolution authorizing the issuance of such bonds or

in the trust agreement securing the same, shall be deemed to be of

the same issue and shall be entitled to payment from the same fund

without preference or priority of the bonds first issued. If the

proceeds of the bonds of any issue shall exceed such cost, the

surplus shall be deposited to the credit of the sinking fund for

such bonds.

Prior to the preparation of definitive bonds, the Authority may,

under like restrictions, issue interim receipts or temporary bonds,

with or without coupons, exchangeable for definitive bonds when such

bonds shall have been executed and are available for delivery. The

Authority may also provide for the replacement of any bonds which

Oklahoma Statutes - Title 70. Schools

shall become mutilated or shall be destroyed or lost. Bonds may be

issued under provisions of this article without obtaining the

consent of any department, division, commission, board, bureau or

agency of the state except legislative approval as required herein,

and without any other proceedings or the happening of any other

conditions or things than those proceedings, conditions, or things

which are specifically required by this article.

Laws 1971, c. 281, § 23-109, eff. July 2, 1971; Laws 1977, c. 232, §

6, emerg. eff. June 15, 1977.

§70-23-110. Sinking Fund.

The principal and interest necessary to retire any bonds issued

by the Authority shall be paid out of the "Oklahoma Educational

Television Bond Sinking Fund" hereinafter established by Section 23111 of this article.

Added by Laws 1971, c. 281, § 23-110, eff. July 2, 1971.

§70-23-111. Creation of Sinking Fund.

There is hereby created the Oklahoma Educational Television Bond

Sinking Fund in the State Treasury and the State Treasurer is hereby

authorized and directed to transfer revenues accruing to the Public

Building Fund, not otherwise appropriated as of the date this

article becomes effective, to the Oklahoma Educational Television

Bond Sinking Fund to be used solely for the purpose of retiring

bonds issued by the Oklahoma Educational Television Authority.

Added by Laws 1971, c. 281, § 23-111, eff. July 2, 1971.

§70-23-112. Trust agreements.

In the discretion of the Authority any bonds issued under the

provisions of this article may be secured by a trust agreement by

and between the Authority and a corporate trustee which may be any

trust company or bank having the powers of a trust company within or

without the state. Such trust agreement may pledge or assign the

revenues to be received from the project constructed by the use of

the proceeds of the bonds, but shall not convey or mortgage any

project or part thereof. Such trust agreement or resolution

providing for the issuance of such bonds may contain such provisions

for protecting and enforcing the rights and remedies of the

bondholders as may be reasonable and proper and not in violation of

law, including covenants setting forth the duties of the Authority

in relation to the acquisition of property and the construction,

improvement, maintenance, repair, operation and insurance of the

project in connection with which such bonds shall have been

authorized, and the custody, safeguarding and application of all

monies, and provisions for the employment of consultants or

operation of such project or projects. It shall be lawful for any

bank or trust company incorporated under the laws of the state which

Oklahoma Statutes - Title 70. Schools

may act as depository of the proceeds of bonds or of revenues to

furnish such indemnifying bonds or to pledge such securities as may

be required by the Authority. Any such trust agreement may set

forth the rights and remedies of the bondholders and of the trustee,

and may restrict the individual right of action by bondholders as is

customary in trust agreements or trust indentures securing bonds and

debentures of corporations. In addition to the foregoing any such

trust agreement may contain such other provisions as the Authority

may deem reasonable and proper for the security of the bondholders.

All expenses incurred in carrying out the provisions of such trust

agreement may be treated as part of the cost of the operation of the

project or projects.

Laws 1971, c. 281, § 23-112, eff. July 2, 1971.

§70-23-113. Authority may collect fees.

The Authority, subject to the provisions hereof, is hereby

authorized to fix, revise, charge and collect fees for the use of

any of its facilities.

Added by Laws 1971, c. 281, § 23-113, eff. July 2, 1971.

§70-23-114. Monies received are trust funds.

All monies received pursuant to the authority of this article,

whether as proceeds from the sale of bonds or other revenues, shall

be deemed to be trust funds, to be held and applied solely as

provided in this article. The resolution authorizing the bonds of

any issue or the trust agreement securing such bonds shall provide

that any officer to whom, or any bank or trust company to which,

such monies shall be paid shall act as trustee of such monies and

shall hold and apply the same for the purposes hereof, subject to

such regulations as this article and such resolution or trust

agreement may provide.

Added by Laws 1971, c. 281, § 23-114, eff. July 2, 1971.

§70-23-115. Rights of trustee.

Any holder of bonds issued under the provisions of this article

or any of the coupons appertaining thereto, and the trustee under

the trust agreement, except to the extent the rights herein given

may be restricted by such trust agreement, may, either at law or in

equity, by suit, action, mandamus or other proceeding protect and

enforce any and all rights under the laws of the state or granted

hereunder or under such trust agreement or the resolution

authorizing the issuance of such bonds, and may enforce and compel

the performance of all duties required by this article or by such

trust agreement or resolution to be performed by the Authority or by

any officer thereof including the fixing, charging and collecting of

fees.

Added by Laws 1971, c. 281, § 23-115, eff. July 2, 1971.

Oklahoma Statutes - Title 70. Schools

§70-23-116. Authority tax exempt.

The exercise of the powers granted by this article will be in

all respects for the benefit of the people of the state, to serve

their educational and cultural interests and needs, and for the

improvement of their health and living conditions. The operation

and maintenance of projects by the Authority will constitute the

performance of essential governmental functions, and the Authority

shall not be required to pay any taxes or assessments upon any

project or any property acquired or used by the Authority under the

provisions of this article or upon the income therefrom, and the

bonds issued under the provisions of this article, their transfer

and the income therefrom, including any profit made on the sale

thereof, shall at all times be free from taxation within the state.

Laws 1971, c. 281, § 23-116, eff. July 2, 1971.

§70-23-117. Securities of bonds.

Bonds issued under the provisions of this article are hereby

made securities by which all banks, trust companies, trust and loan

associations, investment companies and others carrying on a banking

business, all insurance companies and insurance associations, and

others carrying on an insurance business may legally and properly

invest funds including capital in their control or belonging to

them.

Added by Laws 1971, c. 281, § 23-117, eff. July 2, 1971.

§70-23-118. Projects to become part of the State Educational

System.

Each project when constructed and placed in use shall be

maintained and kept in good condition and repair by the Authority.

When all bonds issued under the provisions of this article in

connection with any project and the interest thereon shall have been

paid or a sufficient amount for the payment of all such bonds and

the interest thereon to the maturity thereof shall have been set

aside in trust for the benefit of the bondholders, such project, if

then in good condition and repair to the satisfaction of the State

Legislature, shall become part of the State Educational System.

All counties, cities, towns, municipalities and school districts

of the state and all state boards, commissions, officials, and other

public agencies, notwithstanding any contrary provision of law, are

hereby authorized and empowered:

1. To lease, lend, grant or convey to the Authority at its

request upon such terms and conditions as the proper authorities of

such counties, cities, towns, municipalities, school districts of

the state, and all state boards, commissions, officials and other

public agencies may deem reasonable and fair and without the

necessity for any advertisement, order of court or other action or

Oklahoma Statutes - Title 70. Schools

formality other than the regular and formal action of the

authorities concerned, any personal property, real property and

other things of value which may be necessary or convenient to the

effectuation of the authorized purposes of the Authority, including

real property already devoted to public use; and

2. To lease, rent or contract from the Authority for

telecasting purposes, any programs that would be beneficial to their

interest and that of the State of Oklahoma.

Laws 1971, c. 281, § 23-118, eff. July 2, 1971.

§70-23-119. Authority may contract with television stations.

The Authority is hereby authorized and empowered to enter into

contract with other television stations, networks or other agencies

for the purpose of receiving or exchanging television programs.

Added by Laws 1971, c. 281, § 23-119, eff. July 2, 1971.

§70-23-120. Bond application may be filed with Oklahoma Supreme

Court.

The Authority is authorized in its discretion to file an

application with the Supreme Court of Oklahoma for the approval of

any bonds to be issued thereunder, and exclusive original

jurisdiction is hereby conferred upon the Supreme Court to hear and

determine each such application. It shall be the duty of the Court

to consider and pass upon the applications and any protests which

may be filed thereto as speedily as possible. Notice of the hearing

on each application shall be given by notice published in a

newspaper of general circulation in the state that on a day named

the Authority will ask the Court to hear its application and approve

the bonds. Such notice shall inform all persons interested that

they may file protests against the issuance of the bonds and be

present at the hearing and contest the legality thereof. Such

notice shall be published one time not less than ten (10) days prior

to the date named for the hearing and the hearing may be adjourned

from time to time in the discretion of the Court. If the Court

shall be satisfied that the bonds have been properly authorized in

accordance with this article and that when issued, they will

constitute valid obligations in accordance with their terms, the

Court shall render its written opinion approving the bonds and shall

fix the time within which a petition for rehearing may be filed. The

decision of the Court shall be a judicial determination of the

validity of the bonds, shall be conclusive as to the Authority, its

officers and agents, and thereafter the bonds so approved and the

revenues pledged to their payment shall be incontestable in any

court in the State of Oklahoma.

Laws 1971, c. 281, § 23-120, eff. July 2, 1971.

§70-23-121.

Authority is authorized to issue refunding bonds.

Oklahoma Statutes - Title 70. Schools

The Authority is hereby authorized to provide by resolution for

the issuance of revenue refunding bonds of the Authority for the

purpose of refunding any bonds then outstanding which shall have

been issued under the provisions of this article, including the

payment of any redemption premium thereon and any interest accrued

or to accrue to the date of redemption of such bonds. Each refunding

issue shall be limited to the project in connection with which the

bonds being refunded were issued, and revenues pledged to pay any

such refunding issue shall be limited to the revenue derived from

said separate project. The issuance of such bonds, the maturities

and other details thereof, the rights of the holders thereof, and

the rights, duties and obligations of the Authority in respect of

the same shall be governed by the provisions of this article insofar

as the same may be applicable.

Added by Laws 1971, c. 281, § 23-121, eff. July 2, 1971.

§70-23-122. Authority must report to Legislature.

The Authority shall make and submit to the Legislature, on or

before December 31 of each year, a full report showing projects

under construction and in operation, planned projects, and the

financial condition of the Authority, and such other information as

the Legislature shall require.

Added by Laws 1971, c. 281, § 23-122, eff. July 2, 1971.

§70-23-123. This article provides alternative methods for things

authorized hereby.

The foregoing sections of this article shall be deemed to

provide an additional and alternative method for the doing of the

things authorized thereby, and shall be regarded as supplemental and

additional to powers conferred by other laws, and shall not be

regarded as in derogation of any powers now existing; provided,

however, that the issuance of revenue bonds or revenue refunding

bonds under the provisions of this article need not comply with the

requirements of any other law applicable to the issuance of bonds.

Added by Laws 1971, c. 281, § 23-123, eff. July 2, 1971.

§70-23-124. Article to be liberally construed.

This article being necessary for the advancement of education

and the welfare of the state and its inhabitants shall be liberally

construed to effect the purposes thereof; provided that until

specifically authorized by the Legislature the provisions of this

article shall not be utilized in any other manner.

Added by Laws 1971, c. 281, § 23-124, eff. July 2, 1971.

§70-23-125.

Public Employees Retirement System - Membership in.

Oklahoma Statutes - Title 70. Schools

The Oklahoma Educational Television Authority employees shall be

enrolled in the Oklahoma Public Employees Retirement System with

full benefits and rights.

Laws 1975, c. 300, § 5, emerg. eff. June 7, 1975.

§70-23-126. Purchase of television programs.

Purchases made by the Oklahoma Educational Television Authority

from sources other than state-appropriated funds for the acquisition

of television programs shall be excluded from the provisions of

Section 85.7 of Title 74 of the Oklahoma Statutes. The said

Authority is hereby authorized to make such purchases against

special authorization orders submitted to, approved and encumbered

by, the Director of the Office of Management and Enterprise

Services. Contracts for the purchase of television programs entered

into by the Oklahoma Educational Television Authority and charged

against a special authorization order as herein provided shall be

maintained as a permanent record of the Authority for a period of

not less than three (3) years after liquidation of the contract.

Added by Laws 1979, c. 211, § 4, emerg. eff. May 30, 1979. Amended

by Laws 2012, c. 304, § 613.