KRS § 168.100 — KY Code / Title XIII / Chapter 168 / Section 168.100
168.100 Powers of authority
Status: in_force

168.100 Powers of authority.

The authority shall have no power of taxation, nor is it vested with the police power of

the Commonwealth, except insofar as the exercise of the power of eminent domain may

be deemed a part thereof. Otherwise, in general terms, it shall have and is hereby given all

such constitutional powers as are necessary to its accomplishment of the purpose and

implementation of the public policy set forth in KRS 168.010. Without limiting the

generality of the foregoing, but only for assurance to parties transacting business with the

authority, and who may demand and be entitled to assurance, the following specific

powers are hereby vested in the authority:

(1) To receive and use in the furtherance of its lawful objectives state funds as may be

appropriated or allotted to it, any funds received for services rendered under

contract or from the sale of property owned by it, and contributions, matching

funds, gifts, bequests, and devises from any source, whether state or federal, and

whether public or private; unless the same be tendered subject to one (1) or more

conditions which are inconsistent with KRS 168.010 to 168.100, or otherwise

unlawful;

(2) To make contracts and agreements whereunder the authority may undertake to

provide educational television facilities and related functions and facilities to or for

any public body of the state or federal government in furtherance of educational

television or in aid of any other public function. However, it shall be an express

provision of every such contract that the authority will not undertake to transmit or

relay, and will not permit any other party to transmit or relay, in the use of the

authority's television facilities, any subversive matter, any political propaganda, or

any image or message in the interests of any political party or candidate for public

office; or be used by, or in aid of, any church, sectarian, or denominational school;

but this proviso is not intended and shall not be construed to be a limitation upon

dissemination by the authority of legitimate objective instructional material which is

properly related to the study of history or of current events, or which is no more

than factually informative, of current issues of government, or of various political

ideologies;

(3) To produce, prepare, transmit, and relay, either from life or by recording on tape or

films, educational television programs and related services coordinated with the

curricula prescribed or approved for the public schools of the Commonwealth by

the department or the board pursuant to KRS 158.6451;

(4) To purchase or lease from others, or to contract with others for the use of, or the

right to transmit or relay, similar educational television programs and related

services, whenever in the opinion of the authority the same are suitable and cannot

be produced as effectively or economically through the use of its own facilities;

(5) To purchase, lease, or otherwise acquire, and to operate, television and related

facilities deemed by the authority to be necessary in the furtherance of its lawful

objectives; and in this connection to acquire property by the exercise of the power

of eminent domain, in the manner authorized for the Department of Highways by

the Eminent Domain Act of Kentucky, whenever the same cannot be purchased,

leased, or otherwise acquired at a reasonable price after reasonable negotiations

with the owner or owners. In all such matters, the authority shall be subject to the

provisions of KRS Chapters 45A and 56;

(6) To prescribe standards for receiving instruments which are purchased in the future

for use in the public schools, in order that reception of educational television

programs and related services may be acceptable and in conformity with the manner

of transmission thereof; and to disseminate such standards, together with technical

information with regard to installations and use of receiving instruments, to all of

the public school districts, or to such as may request the same;

(7) In its discretion and within the limitation of availability of funds from any sources,

to:

(a) Establish a program of matching funds as an inducement to public school

districts to purchase and install proper facilities for receiving and utilizing

educational television programs and related services, especially in situations

where by reason of topographical difficulties of reception, special antennas, or

other equipment may be required, and

(b) If so requested by the boards of education of a sufficient number of public

school districts, to purchase through the Finance and Administration Cabinet,

subject to the provisions of KRS Chapter 45A, receiving instruments on their

behalf on a wholesale basis for the purposes of economy, any such purchases

to be on a public competitive basis after due advertisement according to law,

but restricted to such receiving instruments as meet the standards prescribed

by the authority.