OK
Oklahoma House Bill HB2262

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2262 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59th Legislature (2023)
3131
3232 HOUSE BILL 2262 By: Sterling
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3838 AS INTRODUCED
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4040 An Act relating to turnpikes; amending 69 O.S. 2021,
4141 Section 1705, which relates to authority, powers, and
4242 duties of the Oklahoma Turnpike Authority; modifying
4343 certain powers and duties of the Oklahoma Turn pike
4444 Authority; and providing an effective date.
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5252 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5353 SECTION 1. AMENDATORY 69 O.S. 2021, Sectio n 1705, is
5454 amended to read as follows:
5555 Section 1705. The Oklahoma Turnpike Authority is hereby
5656 authorized and empowered:
5757 (a) To adopt bylaws for the regulation of its affairs and
5858 conduct of its business.
5959 (b) To adopt an official seal and alter the same at pleasure.
6060 (c) To maintain an office at such place or places within the
6161 state as it may designate.
6262 (d) To sue and be sued in contract, reverse condemnation,
6363 equity, mandamus and similar actions in its own name, plead and be
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9090 impleaded; provided, that an y and all actions at law or in equity
9191 against the Authority shall be brought in the county in which the
9292 principal office of the Authority shall be located, or in the county
9393 of the residence of the plaintiff, or the county where the cause of
9494 action arose. All privileges granted to the Authority and duties
9595 enjoined upon the Authority by the provisions of Sections 1701
9696 through 1734 of this title may be enforced in a court of competent
9797 jurisdiction in an action in mandamus.
9898 (e) To construct, maintain, repair and operate turnpike
9999 projects and highways, with their access and connecting roads, at
100100 such locations and on such routes as it shall determine determined
101101 to be feasible and economically sound by studies conducted as
102102 specified in Section s 1701 through 1734 of this title; provided,
103103 that until specifically authorized by the Legislature , the Authority
104104 shall be authorized to construct and operate toll turnpikes only at
105105 the following locations:
106106 (1) The Turner Turnpike between Oklahoma City and Tulsa.
107107 (2) The Southwestern (H.E. Bailey) Turnpike between O klahoma
108108 City and Wichita Falls, Texas.
109109 (3) The Northeastern (Will Rogers) Turnpike between Tulsa and
110110 Joplin, Missouri.
111111 (4) The Eastern (Indian Nation) Turnpike between Tulsa and
112112 Paris, Texas, including all or an y part thereof between McAlester
113113 and the Red River south of Hugo.
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140140 (5) The Cimarron Turnpike between Tulsa and Interstate Highway
141141 35 north of Perry, including a connection to Stillwater.
142142 (6) The Muskogee Turnpike between Broken Arrow and Interstate
143143 Highway 40 west of Webbers Falls.
144144 (7) All or any part of an extension of the Mus kogee Turnpike,
145145 beginning at a point on Interstate Highway 40 near the present south
146146 terminus of the Muskogee Turnpike, and extending in a southeasterly
147147 direction on an alignment ne ar Stigler, Poteau and Heavener to the
148148 vicinity of the Arkansas State Line to furnish access to Hot
149149 Springs, Texarkana, Shreveport and New Orleans.
150150 (8) A tollgate on the Turner Turnpike in the vicinity of
151151 Luther, Oklahoma, and in the vicinity of the inter section of State
152152 Highway 33 and Turner Turn pike in Creek County, Oklahoma, or in the
153153 vicinity of the intersection of State Highway 33 and Turner Turnpike
154154 or U.S. Highway 66 in Creek County, Oklahoma, from any monies
155155 available to the Authority.
156156 (9) Add on the Will Rogers Turnpike a northbound autom atic
157157 tollgate onto State Highway 28 and a southbound on-ramp from State
158158 Highway 28.
159159 (10) A turnpike or any part or parts thereof beginning in the
160160 vicinity of Duncan extending east to the vicinity of the City of
161161 Davis, and extending in a northeasterly dire ction, by way of the
162162 vicinity of the City of Ada, to a connection in the vicinity of
163163 Henryetta or in the vicinity of the intersection of State Highway 48
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190190 and Interstate 40; and a turnpike or any part or parts ther eof from
191191 the vicinity of Snyder extending n orth to the vicinity of Woodward .
192192 (11) A turnpike or any part or parts thereof beginning at a
193193 point in the vicinity of Ponca City, or at a point on the Kansas -
194194 Oklahoma state boundary line east of the Arkansas Riv er and west of
195195 the point where Oklahoma Sta te Highway No. 18 intersects sai d state
196196 boundary line, and extending in a southeasterly direction to a
197197 connection with the Tulsa Urban Expressway System in the general
198198 area of the Port of Catoosa.
199199 (12) All or any part of an Oklahoma City toll expressway s ystem
200200 connecting the residential , industrial and State Capitol Complex in
201201 the north part of Oklahoma City with the residential, industrial and
202202 Will Rogers World Airport Complex in the south and southwest parts
203203 of Oklahoma City.
204204 (13) A turnpike (The Indust rial Parkway) or any part or par ts
205205 thereof beginning at a point on the Oklahoma -Kansas state boundary
206206 line between the point where U.S. Highway 66 intersects the boundary
207207 line and the northeast corner of Oklahoma and ending by means of a
208208 connection or connections with Shreveport, Louisia na, and Houston,
209209 Texas, in southeastern Oklahoma and at no point to exceed thirty
210210 (30) miles west of the Missouri or Arkansas border.
211211 (14) A turnpike or any part or parts thereof b eginning in the
212212 vicinity of Velma or County Line to a point intersecting wi th
213213 Interstate 35 in the area south of Davis.
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240240 (15) A turnpike or any part or parts thereof beginning in the
241241 vicinity of Watonga and extending south and/or east to the vicinity
242242 of north and/or west Oklahoma City.
243243 (16) (10) A tollgate on the Will Rogers Turnpike near the
244244 intersection of State Highway 137 and the Will Rogers Turnpike,
245245 located south of Quapaw.
246246 (17) (11) A tollgate on the Muskogee Turnpike in the vicinity
247247 of Porter, Oklahoma, a tollgate on the Will Rogers Turnpi ke in the
248248 vicinity of Adair, Oklahoma, a t ollgate on the Turner Turnpike in
249249 the vicinity of Luther, Oklahoma, and a tollgate on the H.E. Bailey
250250 Turnpike at Elgin, Oklahoma, from any monies available to the
251251 Authority.
252252 (18) (12) A tollgate on the Turner Tur npike in the vicinity of
253253 Wellston, Oklahoma, fr om any monies available to the Authority.
254254 (19) (13) A tollgate on the Muskogee Turnpike in the vicinity
255255 of Brushy Mountain, Oklahoma, and in the vicinity of Elm Grov e,
256256 Oklahoma, from any monies available to t he Authority.
257257 (20) All or any part of an Oklahoma C ity Outer Loop expressway
258258 system beginning in the vicinity of I -35 and the Turner Turnpike and
259259 extending west into Canadian County and then south to I -40; and then
260260 south and east to I-35 in the vicinity o f Moore and Norman; and then
261261 extending east and nort h to I-40 east of Tinker Field; and then
262262 extending north to the Turner Turnpike to complete the Outer Loop.
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289289 (21) All or any part of the Tulsa south bypass expre ssway
290290 system beginning in the vicinity of t he Turner Turnpike near Sapulpa
291291 and extending south and east to U.S. 75 in the vicinity of 96th
292292 Street to 121st Street; and then east across the Arkansas River to a
293293 connection with the Mingo Valley Expressway; and then south and/or
294294 east to a point on the T ulsa-Wagoner County Line near 131st street
295295 south in the city of Broken Arrow.
296296 (22) A new turnpike or any part thereof from near the west gate
297297 of the Will Rogers Turnpike south to the west end of south Tulsa
298298 Turnpike at the Tulsa-Wagoner County Line.
299299 (23) A new turnpike or any parts thereof from the vicini ty of
300300 the connection between State Highway 33 and U.S. 69 easterly to the
301301 Arkansas State Line.
302302 (24) (14) A four-lane extension of the Muskogee Turnpike from
303303 Interstate Highway 40 west of Webbers Falls to the Poteau vicinity.
304304 (25) A new turnpike or any part or parts thereof beginning at a
305305 point in the vicinity of northwest Tulsa, and extending in a
306306 northwesterly direction, by means of a connection or connections
307307 with the cities of Pawhuska and Newkirk, to a point intersecting in
308308 the vicinity of US Highway No. 7 7 and the Kansas State Line.
309309 (26) A full access interchange on the Indian Nation Turnpike
310310 south of Interstate 40, in the vicinity of Henryetta, Oklahoma, a nd
311311 in the vicinity of the proposed theme pa rk, museum or an industrial
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338338 facility which qualifies for the Oklahoma Quality Jobs Program Act,
339339 from any monies available to the Authority.
340340 (27) A new turnpike beginning at a point directly west of the
341341 Arkansas line and four-laning Highway 70 from that po int to the
342342 farthest western reach of Highway 70 creating a southern route
343343 through Oklahoma.
344344 (28) A new turnpike and bridge or any parts thereof from a
345345 point in the vicinity of the city of Mustang southerly across the
346346 South Canadian River to the H.E. Baile y Turnpike in the vicinity of
347347 the city of Tuttle; and the n easterly across the South Canadian
348348 River to a point in the vicinity of the city of Norman.
349349 (29) A new turnpike or any parts thereof beginning at a point
350350 in the vicinity of the city of Altus and ex tending in a
351351 northwesterly direction to a point in the vi cinity of the city of
352352 Sayre.
353353 (30) A new turnpike or any parts thereof beginning at a point
354354 in the vicinity of the city of Enid and extending in a westerly
355355 direction to a point in the vicinity of the city of Woodward.
356356 (31) (15) An on- and off-ramp or any parts thereof at Fletcher,
357357 Oklahoma, in the vicinity of the Interstate 44 and State Highway 277
358358 intersection. Any existing on - or off-ramp or any parts the reof in
359359 the vicinity of Fletcher, Oklahoma, shall not be removed and shall
360360 be maintained pursuant to Sect ion 1701 et seq. of this title.
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387387 (32) A new bridge crossing the Arkansas River between South
388388 Delaware Avenue and Memorial Drive in Tulsa County. This project
389389 shall commence upon a determination by the Oklahoma Transportation
390390 Authority that such bridge sha ll be self-sufficient at some point
391391 over a thirty-year time period from the toll charges associated with
392392 the bridge project.
393393 (33) (16) An exit ramp or any parts thereof from the eastbound
394394 lane of the Turner Turnpike at 96th Street in Tulsa.
395395 (34) (17) An on- and off-ramp or any parts thereof on the
396396 Cimarron Turnpike in the vicinity of the northside of the Glencoe,
397397 Oklahoma, municipal limits.
398398 (35) A new turnpike or any parts thereof beginning at
399399 Interstate 44 at or near its intersection with 49th West Avenue,
400400 past State Highway 64/412, turning northeasterly, crossing 41st West
401401 Avenue, and continuing eastward to the L.L. Tisdale Expressway in
402402 Tulsa, Oklahoma.
403403 All access roads, interchanges, or lea d roads connecting such
404404 turnpikes with existing highways must be built b y funds furnished by
405405 the Authority.
406406 The minimum and maximum wages for the construction of the roads,
407407 highways and projects provided for in Se ctions 1701 through 1734 of
408408 this title shall be in accordance with the schedules of w ages used
409409 or adopted by the Co mmission in construction of state highways.
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436436 The Authority is hereby authorized to enter into contracts or
437437 agreements with agencies and instru mentalities of other states or
438438 the national government for construction, maintenance and operation
439439 of interstate turnpikes or highways.
440440 The Authority is hereby required to construct and install
441441 automatic tollgates on the Will Rogers Turnpike at State Highw ay No.
442442 28 near Adair.
443443 Legislative authorization for the construction of any turnpike
444444 project authorized prior to November 1, 2023 , shall expire unless
445445 the Authority has commenced actual physical construction of such
446446 turnpike project in earnest within five (5) years of November 1,
447447 2023. Legislative authorization for the construction of any
448448 turnpike project authorized on or after November 1, 2023 , shall
449449 expire unless the Authority has commenced actual physical
450450 construction of such turnpike project in earnest within five (5)
451451 years after the effective date of such authorization. In any case
452452 where the Authority has commenced construction prior to the
453453 expiration of the authorization , construction shall diligently
454454 continue in due and regular course to the completion of the turnpike
455455 project. Nothing in this paragraph shall be deemed to preclude or
456456 prohibit the Legislature from reauthorizing an expired turnpike
457457 project authorization.
458458 (f) To issue turnpike revenue bonds of the Authority, payable
459459 solely from revenues, including the revenues accruing t o the trust
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486486 fund created by Sections 1701 through 1734 of this title, for the
487487 purpose of paying all or any part of the cost of any one or more
488488 turnpike projects. Provided that any bonds issued for the
489489 construction of the proposed turnpike referred to in s ubparagraphs
490490 (10), (20), (21) and (22) of paragraph (e) of this section shall be
491491 issued as one issue for a ll four of the proposed turnpikes and shall
492492 be financed, constructed and operated under one bond indenture.
493493 (g) To fix and revise from time to time t olls for the use of
494494 any turnpike projects.
495495 Any common carrier having authorit y at the time of opening any
496496 turnpike project to operate upon a highway approximately paralleling
497497 the turnpike project shall be granted withou t further showing
498498 authority to operate over the turnpike project to all municipalities
499499 which such carrier is servi ng at the time the turnpike p roject is
500500 opened to traffic. But nothing herein shall be construed as
501501 granting any new operation rights to any c ommon carriers.
502502 (h) To acquire, hold , and dispose of real and personal property
503503 in the exercise of its powers and the performance of its dutie s.
504504 (i) To acquire in the name of the Authority by purchase or
505505 otherwise on such terms and conditions and in such manner as it may
506506 deem proper, or by exercise of the right of condemnation in manner
507507 hereinafter provided, such pu blic or private lands, includ ing public
508508 parks, playgrounds, or reservations, or parts thereof or rights
509509 therein, rights-of-way, property, rights, easements, and interests,
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536536 as it may deem necessary for carrying out the provisions of Sections
537537 1701 through 1734 of this title; provided, t hat all public property
538538 damaged in carrying out the powers granted by Sections 1701 through
539539 1734 of this title sh all be restored or repaired and place d in its
540540 original condition as nearly as practicable.
541541 (j) To designate, exce pt as is provided for herein, the
542542 location, and establish, limit and control such points of ingress to
543543 and egress from each turnpike project a s may be necessary or
544544 desirable in the judgment of the Authority to insure ensure the
545545 proper operation and maintenance of such project, and to prohibi t
546546 entrance to such project from any point or points not so designated.
547547 (k) To make and enter into all con tracts and agreements
548548 necessary or incident al to the performance of its duties and the
549549 execution of its powers, and to em ploy consulting engineers,
550550 attorneys, accountants, construction and financial experts,
551551 superintendents, managers, and such other employ ees and agents as
552552 may be necessary in its j udgment, and to fix their compensation;
553553 provided, that all such expenses shall be payable solely from the
554554 proceeds of turnpike revenue bonds issued under the provisions of
555555 Sections 1701 through 1734 of this title or from revenues; provided,
556556 further, no attorney employed by the Authority, nor any member of
557557 any law firm of which the a ttorney may be connected, sha ll ever be
558558 paid any fee or compensation for any special or extraordinary
559559 services.
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586586 (l) To receive and acc ept from any federal agency grants for or
587587 in aid of the construction of any turnpike project, provided, the
588588 acceptance of such grants will not reduce the amount of federal aid
589589 for the construction, repair, or maintenance of farm -to-market roads
590590 and other highways and bridges in this state; and to r eceive and
591591 accept aid or contributions from any source of either money,
592592 property, labor, or other things of value, to be held, used, and
593593 applied only for the purposes for which such grants and
594594 contributions may be made.
595595 (m) To adopt such rules, and to do any and all things necessary
596596 to comply with rules, regulations, or requirement s of the Bureau of
597597 Public Roads, Multistate Economic Development Regional Commission,
598598 as defined in Sections 1151 through 1153, inclusi ve, of Title 74 of
599599 the Oklahoma Statutes, O zarka Region Commission or any other federal
600600 agency administering any law enac ted by the Congress of the Un ited
601601 States to aid or encourage the construction of highways.
602602 (n) To do all things necessary or convenien t to carry out the
603603 powers expressly granted in Sections 1701 through 1734 of this
604604 title. The design standards for all pa ving shall comply with the
605605 design standards of the American Association of State Highway and
606606 Transportation Officials as modified by th e Oklahoma Department of
607607 Transportation. All contracts for construction work on turnpike
608608 projects shall be let to the lo west responsible bidder, or b idders,
609609 after notice by publication in a newspaper published in the county
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636636 where the work is to be done in two consecutive weekly issues of the
637637 newspaper. In all cases where more than eight (8) miles of
638638 construction is let at the same time and is not an a dvertisement for
639639 a surface-treatment-only project, such advertisement shall provide
640640 for bids on sections o f the turnpike not to exceed eight (8) mile s.
641641 If the project advertised is a surface -treatment-only project of
642642 more than twenty (20) miles of road, t he advertisement shall provide
643643 for bids on sections of the road no longer than twenty (20) miles,
644644 as well as bids on the project as a whole. Subject to the following
645645 restrictions and limitations, the Authority shall, when cont racting
646646 for construction work , divide such work into paving projects, bridge
647647 projects, including underpasses and overpasses, and earthm oving or
648648 miscellaneous projects, according to the type of work to be done.
649649 Each project shall be let under a separate co ntract or contracts and
650650 no contract or project shall include more than one of such types of
651651 construction work. Each contract for const ruction work shall
652652 contain a provision that ninety percent (90%) of all labor employed
653653 on the project shall be residents of Oklahoma. However, contra cts
654654 for bridges may include earthwork and structures for the approaches
655655 thereto.
656656 (o) It shall be unlawful for any member, officer or employee of
657657 the Authority to transact with the Authority, either directly or
658658 indirectly, any business for profit of such m ember, officer, or
659659 employee; and any person, firm, or corporation knowingly
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686686 participating therein shall be equally liable for violation of this
687687 provision.
688688 The term "business for profit" shall include, but not be limited
689689 to, the acceptance or payment of any fee, commission, gift, or
690690 consideration to such member, officer, or employee.
691691 Violation of this provision shall constitute a felony punishable
692692 by incarceration in the State Penitentiary custody of the Department
693693 of Corrections for a term not to exceed five (5) years or a fine of
694694 not less than Five Hundred Dollars ($500.00) and not more than Five
695695 Thousand Dollars ($5,000.00), or both such imprisonment and fine.
696696 (p) In the event of a national emergency, the Authority,
697697 subject to any vested rights or claims, may enter into contracts
698698 with the federal government or any authorized agency thereof to
699699 allow the federal government or agency thereof to use such turnpikes
700700 partly or exclusively during the existence of such emergency,
701701 provided, that the federal government ag rees in such contract to
702702 pay, during the term of such contract, an amount sufficient, when
703703 added to any tolls collected, to meet all operating a nd maintenance
704704 expenses, interest payments , and the minimum sinking fund and
705705 reserve requirements of the trust a greement for the turnpike cov ered
706706 by the contract.
707707 (q) All meetings of the Authority shall be open p ublic
708708 meetings, and all records shall be pu blic records, except when
709709 considering personnel or litigation.
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736736 SECTION 2. This act shall become effective November 1, 2023.
737737
738738 59-1-5696 JBH 01/17/23