ENGROSSED SENATE
BILL NO. 867	By:	Jolley of the Senate

			and

		Denney of the House

[ Oklahoma Educational Television Authority - removing Authority from Oklahoma Sunset Law - codification - effective date - 		emergency ]

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 23-105.1 of Title 70, unless there is created a duplication in numbering, reads as follows:
A.  On July 1, 2013, the Oklahoma Educational Television Authority shall be transferred to the Oklahoma State Regents for Higher Education.  All personnel, powers, duties, records, property, assets, monies and funds of the Oklahoma Educational Television Authority shall be transferred to the Oklahoma State Regents for Higher Education.  All employees who are so transferred shall retain classification status, leave, sick and annual time earned and any retirement and longevity benefits which have accrued during their tenure with the Oklahoma Educational Television Authority.  The salaries of employees who are transferred shall not be reduced as a direct and immediate result of the transfer.
B.  The Authority shall continue to provide the function of governmental transparency and openness by operating the Oklahoma Public Events Network (OPEN) to broadcast public meetings of the Oklahoma Legislature and of state government.
C.  All references in the Oklahoma Statutes to the Oklahoma Educational Television Authority shall be construed to refer to the Oklahoma State Regents for Higher Education.
D.  The Regents may assign any or all responsibilities for operating the broadcast network of the Authority to one or more institutions within the Oklahoma State System of Higher Education.
E.  The Office of Management and Enterprise Services shall coordinate the transfers between the Authority and the Regents of:
1.  Personnel;
2.  Assets, funds, allotments, purchase orders, liabilities, outstanding financial obligations or encumbrances; and
3.  Property and records.
SECTION 2.     AMENDATORY     70 O.S. 2011, Section 23-105, as amended by Section 1, Chapter 231, O.S.L. 2012 (70 O.S. Supp. 2012, Section 23-105), is amended to read as follows:
Section 23-105.  There is hereby re-created, to continue until July 1, 2014, in accordance with the provisions of the Oklahoma Sunset Law, Section 3901 et seq. of Title 74 of the Oklahoma Statutes, created a body corporate 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 within the Oklahoma State Regents for Higher Education.  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 state-supported 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 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 a board member until such time as each of the modified congressional districts are represented by a board 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.
The Authority shall elect from the membership of the Authority a chairman chair, a vice-chairman 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.
SECTION 3.     AMENDATORY     70 O.S. 2011, Section 23-118, is amended to read as follows:
Section 23-118.  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 Oklahoma State System of Higher Education.
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 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.
SECTION 4.     AMENDATORY     74 O.S. 2011, Section 3903, is amended to read as follows:
Section 3903.  The following statutory entities and their successors shall be terminated on July 1, 2012, and all powers, duties and functions shall be abolished one (1) year thereafter:
1.  Oklahoma State Committee of Plumbing Examiners as created by Section 1004 of Title 59 of the Oklahoma Statutes;
2.  Waterworks and Wastewater Works Advisory Council as created by Section 1103 of Title 59 of the Oklahoma Statutes;
3.  State Board of Examiners of Certified Shorthand Reporters as created by Section 1501 of Title 20 of the Oklahoma Statutes;
4.  Oklahoma Emergency Response Systems Development Advisory Council as created by Section 1-2516 of Title 63 of the Oklahoma Statutes;
5.  Oklahoma Educational Television Authority as created by Section 23-105 of Title 70 of the Oklahoma Statutes;
6.  State Board of Examiners of Perfusionists as created by Section 2053 of Title 59 of the Oklahoma Statutes; and
7. 6.  Public Employees Relations Board as created by Section 51-104 of Title 11 of the Oklahoma Statutes.
SECTION 5.  This act shall become effective July 1, 2013.
SECTION 6.  It being immediately necessary for the preservation of the public peace, health and 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.
Passed the Senate the 5th day of March, 2013.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2013.

	
	Presiding Officer of the House
	of Representatives