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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1067 By: West (Josh)
AS INTRODUCED
An Act relating to roads and bridges; amending 69
O.S. 2021, Section 1711, which relates to tur npikes;
exempting school buses from p aying tolls; authorizing
the promulgation of rules; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 69 O.S. 2021, Section 1711, is
amended to read as follo ws:
Section 1711. The A. Except as provided in subsection B of
this section, the Oklahoma Turnpike Authority, subject to the
provisions hereof, is hereby authorized to fix, revise, charge and
collect tolls for the use of each turnpike project and the dif ferent
parts or sections thereof, except for use by law enforcement
officers responsible for enforcing the traffic laws and the general
laws of the state and federal governments on turnpikes, who shall be
entitled to free use of every such project in the p erformance of
official duties conne cted with such turnpike project, and to
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contract with any person, partnership, association or corporation
desiring the use of any part thereof, including the right -of-way
adjoining the paved portion, for placing thereon t elephone,
telegraph, electric light or power lines, gas stations, garages,
stores, hotels, restaurants and advertising signs, or for any other
purpose except for tracks for railroad or railway use, and to f ix
the terms, conditions, rents and rates of charg es for such use.
Such tolls, subject to the other restrictions hereof, shall be so
fixed and adjusted in respect of the aggregate of tolls from t he
turnpike project or projects in connection with which the bonds of
any issue shall have been issued as to p rovide a fund sufficient
with other revenues, if any, to pay (a) the cost of maintaining,
repairing, and operating such turnpike project or projec ts, and (b)
the principal of and the interest of such bonds as the same shall
become due and payable, and to c reate reserves for such purposes.
The tolls and all other revenues derived from the turnpike project
or projects in connection with which the bond s of any issue shall
have been issued, except such part ther eof as may be necessary to
pay such cost of mainte nance, repair, and operation and to provide
such reserves therefor as may be provided for in the resolution
authorizing the issuance of such bonds or in the trust agreement
securing the same shall be set as ide at such regular intervals as
may be provided in such resolution or such trust agr eement in a
sinking fund which is hereby pledged to, and charged with, the
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payment of (a) the interest upon suc h bonds as such interest shall
fall due, (b) the principal o f such bonds as the same shall fall
due, (c) the necessary charges of paying agents f or paying principal
and interest, and (d) the redemption price or the purchase price of
bonds retired by call o r purchase as therein provided, which are a
charge against such fund. The use and disposition of monies to th e
credit of such sinking fund shall be subject to the provisions of
the resolution authorizing the issuance of such bonds or of such
trust agreement. Except as may otherwise be provided in such
resolution or such trust agreement, such sinking fund shall b e a
fund for all such bonds without distinction or priority of one over
another. The monies in the sinking fund, less such reserve as may
be provided in such resolution or trust agreement, if not used
within a reasonable time for the purchase of bonds for cancellation
as above provided, sh all be applied to the redemption of bonds at
the redemption price then applicable. Any person who leases, rents ,
or acquires control of any gas station, garage, store, hot el, or
restaurant must have been a resident of, o r been doing business in,
Oklahoma for the past five (5) years. Notwithstanding anything else
herein contained to the contrary, the Oklahoma Corporation
Commission of the State of Oklahoma shall exercise the jurisdic tion
now or hereafter vested in it to r egulate and control the operation
of motor carriers of passengers and freight, using or desiring to
use any turnpike project, in the manner and to the extent that it
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regulates or controls such carriers using the highw ays of the state.
The Authority shall not discriminate against any group or class or
individual member thereof in fixing the amount of toll, rents, or
charge for the use of the turnpike project.
B. The Oklahoma Turnpike Authority shall not charge tolls for
the use of any turnpike by the follo wing:
1. Law enforcement officers responsible for enforcing the
traffic laws and the general laws of the state and federal
governments on turnpikes who use the turnpike in the performance of
official duties connected with such turnpike project; or
2. Public school transportation equipment and auxiliary
transportation equipment as defined by Section 9 -104 of Title 70 of
the Oklahoma Statutes.
C. The Oklahoma Turnpike Authority is authorized to promulgate
any rules necessary to administer the purposes of t his section.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5111 JBH 12/19/22