OSCN Found Document:Public finance; modifying terminology; providing for validation of portion of bond issue; authorizing services of bond attorneys; modifying contracting authority of Capitol Improvement Authority. Emergency.
Oklahoma Session Laws - 2002

Oklahoma Session Laws
  Oklahoma Session Laws - 2002
        Chapter 481 - Public finance; modifying terminology; providing for validation of portion of bond issue; authorizing services of bond attorneys; modifying contracting authority of Capitol Improvement Authority. Emergency.
Cite as: 2002 O.S.L. 481, __ __


ENROLLED SENATE BILL NO. 1293

By: Haney of the Senate
and
Mass of the House

[¶0]An Act relating to public finance; amending 73 O.S. 2001, Sections 160, 73 O.S. 2001, Section 171 and 73 O.S. 2001, Section 173, which relate to the Oklahoma Capitol Improvement Authority; clarifying language; providing for validation of portion of bond issue; authorizing employment of bond attorneys; modifying contracting authority of Oklahoma Capitol Improvement Authority; requiring Office of State Finance to establish certain accounts; repealing 20 O.S. 2001, Section 14.2, which relates to bond validation proceeding; repealing 74 O.S. 2001, Section 1811.4B, which relates to employees of the Oklahoma Capitol Improvement Authority; and repealing 73 O.S. 2001, Sections 154 and 73 O.S. 2001, Section 164, which relate to powers and duties of the Authority.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. AMENDATORY 73 O.S. 2001, Section 160, is amended to read as follows:

Section 160. The Oklahoma Capitol Improvement Authority is authorized, in its discretion, to may file an application with the Supreme Court of Oklahoma for the approval of any bonds to be issued hereunder, 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 The court to shall give such the applications precedence over the other business of the court and to consider and pass upon such 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 The 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 The 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 or any portions thereof have been properly authorized in accordance with this act and the Constitution of Oklahoma, 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, the State of Oklahoma, its officers, agents and instrumentalities, and all other persons, and thereafter the bonds so approved and the rents and revenues pledged to their payment shall be incontestable in any court in the State of Oklahoma.

SECTION 2. AMENDATORY 73 O.S. 2001, Section 171, is amended to read as follows:

Section 171. It shall be the duty of the The Attorney General to shall represent the Oklahoma Capitol Improvement Authority in the execution of the provisions of this act, and such the Authority shall not employ or pay any sums of money to any private attorney or may acquire services of bond attorneys.

SECTION 3. AMENDATORY 73 O.S. 2001, Section 173, is amended to read as follows:

Section 173. A. The Oklahoma Capitol Improvement Authority shall may contract with the Oklahoma Tourism and Recreation Commission Department of Central Services to maintain the grounds and for housekeeping, maintenance and repair of properties under the jurisdiction of the Authority.

B. The Office of Public Affairs Oklahoma Capitol Improvement Authority and the Department of Central Services shall contract with the Department of Public Safety for security and law enforcement services in all facilities under the jurisdiction of the Office Authority or Department within the "State Capitol Park" in Oklahoma City and the "State Capitol Complex" J. Howard Edmondson Office Building, Robert S. Kerr Office Building and appurtenances thereto in Tulsa where federal or state agencies or private individuals lease space and pay operating and maintenance costs.

C. The Oklahoma Capitol Improvement Authority shall contract with the Department of Public Safety for security and law enforcement services in the facilities and on the grounds under the jurisdiction of the Authority.

D. The Oklahoma Capitol Improvement Authority shall contract with the Director of Public Affairs for housekeeping, maintenance and repair in the facilities under the jurisdiction of said Authority, and for administrative services in carrying out the provisions of Sections 151 through 214 of this title. All housekeeping, maintenance and repair, and administrative personnel employed by said Authority on July 1, 1983, are hereby transferred to the Office of Public Affairs. No transferred employee shall be required to accept a lesser grade or salary than presently received plus any salary adjustments provided by the Legislature for state employees and no entrance examination shall be required for continued employment in the same or similar positions with the Office of Public Affairs. All records now under the jurisdiction and control of the Oklahoma Capitol Improvement Authority, which are used in the administration, operation, or maintenance of the Authority's facilities are hereby transferred to the Office of Public Affairs in partial consideration of the performance of the housekeeping, maintenance, and administrative functions provided by the Office of Public Affairs to the Oklahoma Capitol Improvement Authority. The Oklahoma Capitol Improvement Authority shall provide office and operations space for the Office of Public Affairs housekeeping, maintenance, and administrative Department of Central Services’ functions.

D. The Office of State Finance shall establish accounts for the Department of Central Services, by building or other improvement, as the Director of Central Services considers necessary to properly account and identify receipts and expenditures related to construction, repair, maintenance, insurance and other operating expenses of buildings and improvements owned, used or occupied by or on behalf of the Oklahoma Capitol Improvement Authority, where the services are carried out by contract with the Authority.

SECTION 4. REPEALER 20 O.S. 2001, Section 14.2, is hereby repealed.

SECTION 5. REPEALER 74 O.S. 2001, Section 1811.4B, is hereby repealed.

SECTION 6. REPEALER 73 O.S. 2001, Sections 154 and 73 O.S. 2001, Section 164, are hereby repealed.

Passed the Senate the 22nd day of May, 2002.

Presiding Officer of the Senate

Passed the House of Representatives the 24th day of May, 2002.

Presiding Officer of the House of Representatives

Approved: June 6, 2002

Citationizer® Summary of Documents Citing This Document
Cite Name Level
None Found.
Citationizer: Table of Authority
Cite Name Level
Title 20. Courts
 CiteNameLevel
 20 O.S. 14.2, RepealedDiscussed
Title 73. State Capital and Capitol Building
 CiteNameLevel
 73 O.S. 73, Records And Journals - Public Inspection - ConfidentialityDiscussed
 73 O.S. 154, RepealedCited
 73 O.S. 160, Approval of Bonds by Supreme CourtDiscussed
 73 O.S. 171, Attorney General - DutyCited
 73 O.S. 173, Maintenance of Authority Grounds - Security and Law Enforcement Services - Housekeeping, Maintenance, and Administrative Functions - AccountsDiscussed
Title 74. State Government
 CiteNameLevel
 74 O.S. 1811.4B, RepealedDiscussed