Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB1000 Latest Draft

Bill / Amended Version Filed 04/17/2025

                             
 
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HOUSE OF REPRESENTATIVES - FLOOR VERSION 
 
STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
ENGROSSED SENATE 
BILL NO. 1000 	By: Bergstrom and Bullard of 
the Senate 
 
  and 
 
  West (Josh) of the House 
 
 
 
[ Grand River Dam Authority - maximum bond 
capacity -  
 	emergency ] 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     82 O.S. 2021, Section 870, as 
amended by Section 1, Chapter 364, O.S.L. 2022 (82 O.S. Supp. 2024, 
Section 870), is amended to read as follows: 
Section 870.  The district shall have power and is hereby 
authorized to issue from time to time, as the need therefor arises, 
revenue bonds for its corporate purposes in such amount or amounts 
not to exceed One Billion Four Hundred Ten Million Dollars 
($1,410,000,000.00), or in the event that the Oklahoma Department of 
Commerce has approved an application under the provisions of 
division (1) of subparagraph a of paragraph 1 of subsection E of 
Section 4 of the Large -scale Economic Activi ty and Development Act   
 
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of 2022 not to exceed Two Billion Dollars ($2,000,000,000.00) Three 
Billion Six Hundred Million Dollars ($3,600,000,000.00) , outstanding 
at any time as are necessary, incidental or convenient to the 
exercise of the powers, rights, pr ivileges and functions conferred 
upon it by this act Section 862 of this title , or any other act or 
law, and without limitations of the generality of the powers, rights 
and privileges heretofore granted, for acquiring a steam generating 
plant or plants and related facilities, and to extend, improve and 
reconstruct the same; and for constructing, installing and acquiring 
dams, reservoirs, hydroelectric power plants, or any electrical 
generating plant or plants or any other electrical power or 
generating facilities; or any plant or plants for the production of 
steam for heating and processing purposes; and all and any 
facilities of every kind necessary, incidental or convenient for the 
production and generation of electric power and energy; and for 
acquiring, constructing and installing transmission lines, 
substations and all facilities necessary, incidental or convenient 
to the sale, resale, interchange and distribution of electric power 
and energy; and for carrying on the business and functions of the 
district, as is now or hereafter may be authorized by law; and for 
acquiring additions and improvements to and extensions of 
facilities, at any time existing, of the district; and for the 
acquisition of lands and rights -of-way for such use as is now, or 
may be, authorized by law for the construction, replacement and   
 
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repair of any dams, plants or other facilities of the district; and 
to enable it to finance, in cooperation with any “public agency” 
public agency, as defined under the Interlocal Cooperation Act, 
Sections 1001 through 1008 of Title 74 of the Oklahoma Statutes, any 
other agency of government, rural electric co-op cooperative 
corporation, or any private or public corporation, the development 
and utilization of electrical energy or the water resources and 
rights in waters vested in said the district for such purposes as 
are, or may be, authorized by the laws of Oklahoma, and for 
financing and refinancing present outstanding obligations of the 
district, including the payment of any claims, charges or intere st 
on bonds required to be paid.  The bonds herein authorized may 
either be (1) sold for cash, at public or private sale, at such 
price or prices as the Board shall determine with the advice and 
assistance of the State Bond Advisor, or (2) may be issued on such 
terms as the Board shall determine in exchange for property of any 
kind, real, personal or mixed, or any interest therein which the 
Board shall deem necessary, incidental or convenient for any such 
corporate purposes, or (3) may be issued in exchange for like 
principal amounts of other obligations of the district, matured or 
unmatured, or (4) may be issued in such principal amounts that when 
the proceeds thereof are invested in legal and qualified 
investments, the proceeds together with the resulting proceeds of 
such investments will be sufficient to retire the outstanding   
 
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indebtedness or any portion thereof at maturity or at prior 
redemption or upon purchase or tender for purchase.  The proceeds of 
sale of such bonds shall be deposited in such bank or banks or trust 
company or trust companies, and shall be paid out pursuant to such 
terms and conditions as may be agreed upon between the district and 
the purchasers of such bonds.  All such bonds shall be authorized by 
resolutions of the Board concurred i n by at least four of the 
members thereof, and shall bear such date or dates, mature at such 
time or times, bear interest at such rate or rates, at such time or 
times, be in such denominations, be in such form, either coupon or 
registered, carry such regis tration privileges as to principal only 
or as to both principal and interest, and as to exchange of coupon 
bonds for registered bonds or vice versa, and exchange of bonds of 
one denomination for bonds of other denominations, be executed in 
such manner and be payable at such place or places within or without 
the State of Oklahoma this state as such resolution or resolutions 
may provide.  Any resolution or resolutions, including any related 
trust indenture or indentures, authorizing any bonds may contain 
provisions which shall be part of the contract between the district 
and the holders thereof from time to time (a) reserving the right to 
redeem such bonds at such time or times, in such amounts and at such 
prices as may be provided, (b) providing for the setti ng aside of 
sinking funds or reserve funds and the regulation and disposition 
thereof, (c) pledging to secure the payment of the principal of and   
 
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interest on such bonds and of the sinking fund or reserve fund 
payments agreed to be made in respect of such b onds all or any part 
of the gross or net revenues thereafter received by the district in 
respect of the property, real, personal or mixed, to be acquired or 
constructed with such bonds or the proceeds thereof, or all or any 
part of the gross or net revenue s thereafter received by the 
district from whatever source derived and monies and securities held 
under such resolutions or indentures or contract rights with respect 
to any of the foregoing, (d) prescribing the purposes to which such 
bonds or any bonds th ereafter to be issued, or the proceeds thereof, 
may be applied, (e) agreeing to fix and collect rates and charges 
sufficient to produce revenues adequate to pay the items specified 
in subparagraphs (a), (b), (c), (d) and (e) of Section 868 of this 
title and prescribing the use and disposition of all revenues, and 
the investment of such revenues and other monies pending their 
expenditures in investments authorized or permitted by law, (f) 
prescribing limitations upon the issuance of additional bonds and 
upon the agreements which may be made with the purchasers and 
successive holders thereof, (g) with regard to the construction, 
extension, improvement, reconstruction, operation, maintenance and 
repair of the properties of the district, carrying of insurance up on 
all or any part of said the properties covering loss or damage or 
loss of use and occupancy resulting from specified risk, (h) fixing 
the procedure, if any, by which, if the district shall so desire,   
 
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the terms of any contract with the holders of such bo nds may be 
amended or abrogated, the amount of bonds the holders of which must 
consent thereto, and the manner in which such consent may be given, 
(i) for the execution and delivery by the district to a bank or 
trust company authorized by law to accept tru sts, or to the United 
States of America or any office or agency thereof, of indentures and 
agreements for the benefit of the holders of such bonds setting 
forth any or all of the agreements herein authorized to be made with 
or from the benefit of the holde rs of such bonds and such other 
provisions as may be customary in such indentures or agreements, and 
(j) such other provisions, not inconsistent with the provisions of 
the act Section 861 et seq. of this title , as the Board may approve. 
Any such resolution and any indenture or agreement entered into 
pursuant thereto may provide that in the event that (a) default 
shall be made in the payment of the interest on any or all bonds 
when and as the same shall become due and payable, or (b) default 
shall be made in the payment of the principal of any or all bonds 
when and as the same shall become due and payable, whether at the 
maturity thereof, by call for redemption or otherwise, or (c) 
default shall be made in the performance for any agreement made with 
the purchasers or successive holders of any bonds, and such default 
shall have continued such period, if any, as may be prescribed by 
said the resolution in respect thereof, the trustee under the 
indenture or indentures entered into in respect of the bonds   
 
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authorized thereby, or if there shall be no such indenture, a 
trustee appointed in the manner provided in such resolution or 
resolutions by the holders of twenty -five percent (25%) in aggregate 
principal amount of the bonds authorized thereby and at the time 
outstanding may, and, upon the written request of the holders of 
twenty-five percent (25%) in aggregate principal amount of the bonds 
authorized by such resolution or resolutions at the time 
outstanding, shall, in his , her, or its own name, but for the equal 
and proportionate benefit of the holders of all of such bonds, and 
with or without possession thereof, 
(1)  By mandamus or other suit, action or proceeding at law or 
in equity, enforce all rights of the holders of such bonds, 
(2)  Bring suit upon such bonds and/or the appurtenant coupons, 
(3)  By action or suit in equity, require the district to 
account as if it were the trustee of an express trust for the 
bondholders, 
(4)  By action or suit in equity, enjoin any acts or things 
which may be unlawful or in vio lation of the rights of the holders 
of such bonds, and/or 
(5)  After such notice to the district as such resolution may 
provide, declare the principal of all of such bonds due and payable, 
and if all defaults shall have been made good, then with the writte n 
consent of the holder or holders of twenty -five percent (25%) in 
aggregate principal amount of such bonds at the time outstanding   
 
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annul such declaration and its consequence; provided, however, that 
the holders of more than a majority in principal amount of the bonds 
authorized thereby and at the time outstanding by instrument or 
instruments in writing delivered to such trustee have the right to 
direct and control any and all action taken or to be taken by such 
trustee under this paragraph.  Any such resol ution, indenture or 
agreement may provide that in any such suit, action or proceeding, 
any such trustee, whether or not all of such bonds shall have been 
declared due and payable, and with or without possession of any 
thereof, shall be entitled as of right to the appointment of a 
receiver who may enter and take possession of all or any part of the 
properties of the district and operate and maintain the same, and 
fix, collect and receive rates and charges sufficient to provide 
revenues adequate to pay the it ems set forth in subparagraphs (a), 
(b), (c), (d) and (e) of Section 868 of this title and the costs and 
disbursements of such suit, action or proceeding, and to apply such 
revenues in conformity with the provisions of Section 861 et seq. of 
this title and the resolution or resolutions authorizing such bonds.  
In any suit, action or proceeding by any such trustee, the 
reasonable fees, counsel fees and expense of such trustee and of the 
receiver or receivers, if any, shall constitute taxable 
disbursements and all costs and disbursements, and all costs and 
disbursements allowed by the court shall be a first charge upon any 
revenues pledged to secure the payment of such bonds.  Subject to   
 
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the provisions of the Oklahoma Constitution of the State of 
Oklahoma, the courts of the County of Craig, or other county wherein 
the domicile may be situated, shall have jurisdiction of any such 
suit, action or proceeding by any such trustee on behalf of the 
bondholders and of all property involved therein.  In addition to 
the powers hereinabove specifically provided for, each such trustee 
shall have and possess all powers necessary or appropriate for the 
exercise of any thereof, or incident to the general representation 
of the bondholders in the enforcement of their right. 
Before any bonds shall be sold by the district, a certified copy 
of the proceedings for the issuance thereof, including the form of 
such bonds, together with any other information which the Attorney 
General of the State of Oklahoma this state may require, shall be 
submitted to the Attorney General and if he or she shall find that 
such bonds have been issued in accordance with law he or she shall 
approve such bonds and execute a certificate to that effect which 
shall be filed in the Office of the State Auditor a nd Inspector of 
the State of Oklahoma this state and be recorded in a record kept 
for that purpose.  No bonds shall be issued until the same shall 
have been registered by the State Auditor and Inspector, who shall 
so register the same if the Attorney Gener al shall have filed with 
the State Auditor and Inspector his or her certificate approving the 
bonds and the proceedings for the issuance thereof as hereinabove 
provided.  All bonds approved by the Attorney General as aforesaid,   
 
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and registered by the State Auditor and Inspector as aforesaid, and 
issued in accordance with the proceedings so approved shall be valid 
and binding obligations of the district and shall be incontestable 
for any cause from and after the time of such registration. 
SECTION 2.  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. 
 
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated 
04/16/2025 - DO PASS, As Amended.