A. The Oklahoma Capitol Improvement Authority is authorized to issue notes, bonds or other evidences of obligation in an amount necessary to generate net proceeds of Fifty-eight Million Five Hundred Fifty-five Thousand Dollars ($58,555,000.00) after providing for costs of issuance, credit enhancement, reserves and other associated expenses related to financing. Net proceeds of the financing will be deposited into a construction fund to provide for the financing of acquisition of real property, together with improvements located thereon, and personal property, to construct buildings and other improvements to real property and to acquire property for office space and to provide funding for the construction of a new State Health Laboratory for the State Department of Health with debt retirement payments to be made as provided in this section.
B. The Authority may hold title to the real and personal property and improvements until such time as any obligations issued for this purpose are retired or defeased and may lease the real property and improvements to the State Department of Health. Upon final redemption or defeasance of the obligations created pursuant to this section, title to the real and personal property and improvements shall be transferred from the Authority to the Department.
C. For the purpose of paying the costs for acquisition and construction of the real property and improvements and personal property and providing funding for the project authorized in subsection A of this section, and for the purpose authorized in subsection D of this section, the Authority is hereby authorized to borrow monies on the credit of the income and revenues to be derived from the leasing of such real and personal property and improvements and, in anticipation of the collection of such income and revenues, to issue negotiable obligations in one or more series. The Authority is authorized to capitalize interest on the obligations issued pursuant to this section for a period of time not to exceed one (1) year from the date of issuance. Excluding any capitalized interest period, it is the intent of the Legislature to appropriate to the State Department of Health sufficient monies to make rental payments for the purposes of retiring obligations created pursuant to this section.
D. To the extent funds are available from the proceeds of the borrowing authorized by subsection C of this section, the Authority shall provide for the payment of professional fees and associated costs related to the project authorized in subsection A of this section.
E. The Authority may issue obligations in one or more series and in conjunction with other issues of Authority. The Authority is authorized to hire bond counsel, financial consultants and other professionals as it may deem necessary to provide for the efficient sale of the obligations and may utilize a portion of the proceeds of any borrowing to create such reserves as may be deemed necessary and to pay costs associated with the issuance and administration of such obligations.
F. The obligations authorized under this section may be sold at either competitive or negotiated sale, as determined by the Authority, and in such form and at such prices as may be authorized by the Authority. The Authority may enter into agreements with such credit enhancers and liquidity providers as may be determined necessary to efficiently market the obligations. The obligations may mature and have such provisions for redemption as shall be determined by the Authority, but in no event shall the final maturity of such obligations occur later than twenty (20) years from the first principal maturity date.
G. Any interest earnings on funds or accounts created for the purposes of this section may be utilized as partial payment of the annual debt service or for the purposes directed by the Authority.
H. The obligations issued under this section, the transfer thereof and the interest earned on such obligations including any profit derived from the sale thereof, shall not be subject to taxation of any kind by the State of Oklahoma, or by any county, municipality or political subdivision therein.
I. The Authority may direct the investment of all monies in any funds created in connection with the offering of the obligations authorized under this section. The investments shall be made in a manner consistent with the investment guidelines of the State Treasurer. The Authority may place additional restrictions on the investment of such monies if necessary to enhance the marketability of the obligations.
J. Insofar as they are not in conflict with the provisions of this section, the provisions of Section 151 et seq. of Title 73 of the Oklahoma Statutes shall apply to this section.
K. Upon the effective date of this act, if the Oklahoma Capitol Improvement Authority has not issued notes, bonds or other evidences of obligation authorized pursuant to this section on or before July 1, 2025, the provisions of this section shall cease to be operative after July 1, 2025.
Added by Laws 2017, c. 338, § 1, eff. July 1, 2017. Amended by Laws 2021, c. 529, § 1, eff. July 1, 2021.