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STATE OF OKLAHOMA
1st Session of the 59th Legisl ature (2023)
HOUSE BILL 2264 By: Sterling
AS INTRODUCED
An Act relating to the Oklahoma Turnpike Authority;
amending 69 O.S. 2021, Section s 1705 and 1718, which
relate to powers and duties o f the Oklahoma Turnpike
Authority and judicial determination of validity of
bonds; modifying certain duties of the Oklahoma
Turnpike Authority; requiring Authority to conduct
certain studies; requiring Aut hority to obtain
certain approvals; requiring certain notice be given;
requiring certain meetings; requiring certain
collaboration; detailing ce rtain requirements for
studies; modifying time frame following certain
notice publication; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 69 O.S. 2021, Section 1705, is
amended to read as follows:
Section 1705. The Oklahoma Turnpike Authority is hereby
authorized and empowered:
(a) To adopt bylaws for the regulation of its affairs and
conduct of its business.
(b) To adopt an official seal an d alter the same at pleasure .
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(c) To maintain an office at such place or places within the
state as it may designate.
(d) To sue and be sued in contract, reverse condemnation,
equity, mandamus and similar actions in its own name, plead and be
impleaded; provided, that any and all a ctions at law or in equity
against the Authority shall be brought in the county in which the
principal office of the Authority shall be located, or in the county
of the residence of the plaintiff, or the county where the cause o f
action arose. All privile ges granted to the Authority and duties
enjoined upon the Authority by the provisions of Sections 1701
through 1734 of this title may be enforced in a court of competent
jurisdiction in an action in mandamus.
(e) To construct, maintain, repair and operate turnpike
projects and highways, with their access and connecting roads, at
such locations and on such routes as it shall determine are
determined to be feasible, and economically sound, and based upon
reliable, data driven transportation pla nning and public policy
pursuant to the studies required by paragraph F of this section ; .
Provided, that until specifically authorized by the Legis lature, the
Authority shall be authorized to construct and operate toll
turnpikes only at the following locations:
(1) The Turner Turnpike between Oklahoma City and Tulsa.
(2) The Southwestern (H.E. Bailey) Turnpike between Oklahoma
City and Wichita Fall s, Texas.
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(3) The Northeastern (Will Rogers) Turnpike between Tulsa and
Joplin, Missouri.
(4) The Eastern (Indian Nation) Turnpike between Tulsa and
Paris, Texas, including all or any part thereof between McAlester
and the Red River south of Hugo.
(5) The Cimarron Turnpike between Tulsa and Interstate Highway
35 north of Perry, including a connection to Stillwater.
(6) The Muskogee Turnpike between Broken Arrow and Interstate
Highway 40 west of Webbers Falls.
(7) All or any part of an extension of the Muskogee Turnpike,
beginning at a point on Interstate Highway 40 near the present south
terminus of the Muskogee Turnpike, and extending in a southeasterly
direction on an alignment near Stigler, Poteau and Heavener to the
vicinity of the Arkansas State Li ne to furnish access to Hot
Springs, Texarkana, Shreveport and New Orleans.
(8) A tollgate on the Turner Turnpike in the vicinity of
Luther, Oklahoma, and in the vicinity of the intersection of State
Highway 33 and Turner Turnpike in Creek County, Oklahom a, or in the
vicinity of the intersection of State Highway 33 and Turner Turnpike
or U.S. Highway 66 in Creek County, Oklahoma, from any monies
available to the Authority.
(9) Add on the Will Rogers Turnpike a northbound automatic
tollgate onto State High way 28 and a southbound on-ramp from State
Highway 28.
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(10) A turnpike or any part or parts thereof beginning in the
vicinity of Duncan extending east to the vicinity of the City of
Davis, and extending in a northeasterly direction, by way of the
vicinity of the City of Ada, to a connection in the vicinity of
Henryetta or in the vicinity of the intersection of State Highway 48
and Interstate 40; and a turnpike or any part or parts thereof from
the vicinity of Snyder extending north to the vicinity of Woodw ard.
(11) A turnpike or any part or parts thereof beginning at a
point in the vicinity of Ponca City, or at a point on the Kansas -
Oklahoma state boundary line east of the Arkansas River and west of
the point where Oklahoma State Highway No. 18 intersects said state
boundary line, and extending in a southeasterly direction to a
connection with the Tulsa Urban Expressway System in the general
area of the Port of Catoosa.
(12) All or any part of an Oklahoma City toll expressway system
connecting the resident ial, industrial and State Capitol Complex in
the north part of Oklahoma City with the residential, industrial and
Will Rogers World Airport Complex in the south and southwest parts
of Oklahoma City.
(13) A turnpike (The Industrial Parkway) or any part or parts
thereof beginning at a point on the Oklahoma-Kansas state boundary
line between the point where U.S. Highway 66 intersects the boundary
line and the northeast corner of Oklahoma and ending by means of a
connection or connections with Shreveport, Loui siana, and Houston,
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Texas, in southeastern Oklahoma and at no point to exceed thirty
(30) miles west of the Missouri or Arkansas border.
(14) A turnpike or any part or parts thereof beginning in the
vicinity of Velma or County Line to a point intersecting with
Interstate 35 in the area south of Davis.
(15) A turnpike or any part or parts thereof beginning in the
vicinity of Watonga and extending south and/or east to the vicinity
of north and/or west Oklahoma City.
(16) A tollgate on the Will Rogers Turnp ike near the
intersection of State Highway 137 and the Will Rogers Turnpike,
located south of Quapaw.
(17) A tollgate on the Muskogee Turnpike in the vicinity of
Porter, Oklahoma, a tollgate on the Will Rogers Turnpike in the
vicinity of Adair, Oklahoma, a tollgate on the Turner Turnpike in
the vicinity of Luther, Oklahoma, and a tollgate on the H.E. Bailey
Turnpike at Elgin, Oklahoma, from any monies available to the
Authority.
(18) A tollgate on the Turner Turnpike in the vicinity of
Wellston, Oklahoma, from any monies available to the Authority.
(19) A tollgate on the Muskogee Turnpike in the vicinity of
Brushy Mountain, Oklahoma, and in the vicinity of Elm Grove,
Oklahoma, from any monies available to the Authority.
(20) All or any part of an Oklahom a City Outer Loop expressway
system beginning in the vicinity of I-35 and the Turner Turnpike and
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extending west into Canadian County and then south to I -40; and then
south and east to I-35 in the vicinity of Moore and Norman; and then
extending east and n orth to I-40 east of Tinker Field; and then
extending north to the Turner Turnpike to complete the Outer Loop.
(21) All or any part of the Tulsa south bypass expressway
system beginning in the vicinity of the Turner Turnpike near Sapulpa
and extending south and east to U.S. 75 in the vicinity of 96th
Street to 121st Street; and then east across the Arkansas River to a
connection with the Mingo Valley Expressway; and then south and/or
east to a point on the Tulsa -Wagoner County Line near 131st street
south in the city of Broken Arrow.
(22) A new turnpike or any part thereof from near the west gate
of the Will Rogers Turnpike south to the west end of south Tulsa
Turnpike at the Tulsa -Wagoner County Line.
(23) A new turnpike or any parts thereof from the vic inity of
the connection between State Highway 33 and U.S. 69 easterly to the
Arkansas State Line.
(24) A four-lane extension of the Muskogee Turnpike from
Interstate Highway 40 west of Webbers Falls to the Poteau vicinity.
(25) A new turnpike or any part or parts thereof beginning at a
point in the vicinity of northwest Tulsa, and extending in a
northwesterly direction, by means of a connection or connections
with the cities of Pawhuska and Newkirk, to a point intersecting in
the vicinity of US Highway No . 77 and the Kansas State Line.
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(26) A full access interchange on the Indian Nation Turnpike
south of Interstate 40, in the vicinity of Henryetta, Oklahoma, and
in the vicinity of the proposed theme park, museum or an industrial
facility which qualifies f or the Oklahoma Quality Jobs Program Act,
from any monies available to the Authority.
(27) A new turnpike beginning at a point directly west of the
Arkansas line and four -laning Highway 70 from that point to the
farthest western reach of Highway 70 creati ng a southern route
through Oklahoma.
(28) A new turnpike and bridge or any parts thereof from a
point in the vicinity of the city of Mustang southerly across the
South Canadian River to the H.E. Bailey Turnpike in the vicinity of
the city of Tuttle; and then easterly across the South Canadian
River to a point in the vicinity of the city of Norman.
(29) A new turnpike or any parts thereof beginning at a point
in the vicinity of the city of Altus and extending in a
northwesterly direction to a point in the vicinity of the city of
Sayre.
(30) A new turnpike or any parts thereof beginning at a point
in the vicinity of the city of Enid and extending in a westerly
direction to a point in the vicinity of the city of Woodward.
(31) An on- and off-ramp or any parts thereof at Fletcher,
Oklahoma, in the vicinity of the Interstate 44 and State Highway 277
intersection. Any existing on - or off-ramp or any parts thereof in
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the vicinity of Fletcher, Oklahoma, shall not be removed and shall
be maintained pursuant to S ection 1701 et seq. of this title.
(32) A new bridge crossing the Arkansas River between South
Delaware Avenue and Memorial Drive in Tulsa County. This project
shall commence upon a determination by the Oklahoma Transportation
Authority that such bridge shall be self-sufficient at some point
over a thirty-year time period from the toll charges associated with
the bridge project.
(33) An exit ramp or any parts thereof from the eastbound lane
of the Turner Turnpike at 96th Street in Tulsa.
(34) An on- and off-ramp or any parts thereof on the Cimarron
Turnpike in the vicinity of the northside of the Glencoe, Oklahoma,
municipal limits.
(35) A new turnpike or any parts thereof beginning at
Interstate 44 at or near its intersection with 49th West Avenue,
past State Highway 64/412, turning northeasterly, crossing 41st West
Avenue, and continuing eastward to the L.L. Tisdale Expressway in
Tulsa, Oklahoma.
All access roads, interchanges, or lead roads connecting such
turnpikes with existing highways must be buil t by funds furnished by
the Authority.
The minimum and maximum wages for the construction of the roads,
highways and projects provided for in Sections 1701 through 1734 of
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this title shall be in accordance with the schedules of wages used
or adopted by the Commission in construction of state highways.
The Authority is hereby authorized to enter into contracts or
agreements with agencies and instrumentalities of other states or
the national government for construction, maintenance and operation
of interstate turnpikes or highways.
The Authority is hereby required to construct and install
automatic tollgates on the Will Rogers Turnpike at State Highway No.
28 near Adair.
(f) To issue turnpike revenue bonds of the Authority, payable
solely from revenues, inclu ding the revenues accruing to the trust
fund created by Sections 1701 through 1734 of this title, for the
purpose of paying all or any part of the cost of any one or more
turnpike projects. Provided that any bonds issued for the
construction of the propos ed turnpike referred to in subparagraphs
(10), (20), (21) and (22) of paragraph (e) of this section shall be
issued as one issue for all four of the proposed turnpikes and shall
be financed, constructed and operated under one bond indenture.
Further provided that, prior to filing an application for
approval of any bond issue with the Council of Bond Oversight , or
subsequent, substantially equivalent body then in effect , and in any
event, prior to the issuance of any bonds for any turnpike projects,
the Authority shall do the following:
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(1) conduct appropriate studies to meaningfully determine,
evaluate, and identify the potential route corridors and alignments,
the justification or need for the projects, the economic feasibility
of the projects, the reasonable alternativ es, including but not
limited to a no build alternative, to the proposed project and
routes, and the specific impacts and effects the projec t will have
on businesses, other organizations, citizens, and private and public
property where the proposed projec t will be implemented,
(2) notify, consult with, and obtain the express approval of any
municipality, county, or federal or state agency that will have a
turnpike project pass through, be located within, or otherwise
substantially impact its jurisdict ion. In the case of a
municipality or county, approval shall be in the form of an
affirmative resolution of the duly elected city council or
affirmative resolution of t he board of county commissioners, as the
case may be, or a simple majority vote of the registered voters
within that municipality or county at an election duly conducted for
the purpose of such approval ,
(3) provide actual notice via certified mail and f irst class
mail to any and all real property owners, as shown by the current
year's tax rolls in the office of the applicable county treasurer,
located along or within one (1) mile in any direction of the
specifically described route s or projects, providin g such owners
with the reasonable opportunity to attend a public meeting or
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meetings, and to provide public comment, on the routes or projects ,
and
(4) conduct one or more public meetings, upon reasonable notice,
in each municipality and county that wi ll have a turnpike project
pass through, be located within, or otherwise substantial ly impact
its jurisdiction, in order to present, review, and receive public
comment upon the turnpike project .
New turnpike conception, alignments, corridors, route, and
interchange placement design and engineering, among other facets,
shall be a collaborative effort between the Oklahoma Turnpike
Authority and any impacted municipalities, counties, and citizens
with many stages for iterative, interactive input, public comm ent,
and design. Turnpike projects shall be consistent, to the maximum
extent feasible, with existing land use, transportation, and other
comprehensive plans of the municipal and county governments in which
such projects may be located or pass through.
The studies required in this paragraph shall be conducted in
such a way to limit con flicts-of-interest between consulting firms
providing the justification and impact studies, and engineering
firms contracted to perform design, right -of-way, corridor
management, or construction work. All reasonable, good faith efforts
shall be made to keep these activi ties separate. All studies shall
be professionally reviewed, approved, and certified as having been
based upon sufficient data or facts, and having utilized re liable
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principles and methods, by a qualified, independent body or entity
with appropriate creden tials and experience for evaluating the
validity of such studies. All studies and potential proposed
turnpike project routes shall be disclosed and made readi ly
available to the public at the Authority’s offices, and on the
Authority’s website, to inform d ecisions during the collaborative
design and public input process .
(g) To fix and revise from ti me to time tolls for the use of
any turnpike projects.
Any common carrier having authority at the time of opening any
turnpike project to operate upon a highwa y approximately paralleling
the turnpike project shall be granted without further showing
authority to operate over the turnpike project to all municipalities
which such carrier is serving at the time the turnpike project is
opened to traffic. But nothing herein shall be construed as
granting any new operation rights to any com mon carriers.
(h) To acquire, hold, and dispose of real and personal property
in the exercise of its powers and the performance of its duties.
(i) To acquire in the name of the Aut hority by purchase or
otherwise on such terms and conditions and in such m anner as it may
deem proper, or by exercise of the right of condemnation in manner
hereinafter provided, such public or private lands, including public
parks, playgrounds, or reserva tions, or parts thereof or rights
therein, rights-of-way, property, rights , easements, and intere sts,
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as it may deem necessary for carrying out the provisions of Sections
1701 through 1734 of this title; provided, that all public property
damaged in carrying out the powers granted by Sections 1701 through
1734 of this title shal l be restored or repair ed and placed in its
original condition as nearly as practicable.
(j) To designate, except as is provided for herein, the
location, and establish, limit and c ontrol such points of ingress to
and egress from each turnpike project as may be necessary or
desirable in the judgment of the Authority to insure the proper
operation and maintenance of such project, and to prohibit entrance
to such project from any point or points not so designated.
(k) To make and enter into all contracts an d agreements
necessary or incidental to the performance of its duties and the
execution of its powers, and to employ consulting engineers,
attorneys, accountants, construction and fi nancial experts,
superintendents, managers, and such other employees and a gents as
may be necessary in its judgment, and to fix their compensation;
provided, that all such expenses shall be payable solely from the
proceeds of turnpike revenue bonds issued under the provisions of
Sections 1701 through 1734 of this title or from r evenues; provided,
further, no attorney employed by the Authority, nor any member of
any law firm of which the attorney may be connected, shall ever be
paid any fee or compensation f or any special or extraordinary
services.
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(l) To receive and accept from any federal agency gran ts for or
in aid of the construction of any turnpike project, provided, the
acceptance of such grants will not reduce the amount of federal aid
for the construction, repair, or maintenance of farm -to-market roads
and other highways a nd bridges in this stat e; and to receive and
accept aid or contributions from any source of either money,
property, labor, or other things of value, to be held, used, and
applied only for the purposes for which such grants and
contributions may be made.
(m) To adopt such rules, and to do any and all things necessary
to comply with rules, regulations, or requirements of the Bureau of
Public Roads, Multistate Economic Development Regio nal Commission,
as defined in Sections 1151 through 1153, inclusive, of Ti tle 74 of
the Oklahoma Statutes, Ozarka Region Commission or any other federal
agency administering any law enacted by the Congress of the United
States to aid or encourage the const ruction of highways.
(n) To do all things necessary or convenient to carr y out the
powers expressly granted in Sections 1701 through 1734 of this
title. The design standards for all paving shall comply with the
design standards of the American Associatio n of State Highway and
Transportation Officials as modified by the Oklahom a Department of
Transportation. All contracts for construction work on turnpike
projects shall be let to the lowest responsible bidder, or bidders,
after notice by publication in a newspaper published in the county
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where the work is to be done in two cons ecutive weekly issues o f the
newspaper. In all cases where more than eight (8) miles of
construction is let at the same time and is not an advertisement for
a surface-treatment-only project, such advertisement shall provide
for bids on sections of the tur npike not to exceed eig ht (8) miles.
If the project advertised is a surface -treatment-only project of
more than twenty (20) miles of road, the advertisement shall provide
for bids on sections of the road no longer than twenty (20) miles,
as well as bids on the project as a whol e. Subject to the following
restrictions and limitations, the Authority shall, when contracting
for construction work, divide such work into paving projects, bridge
projects, including underpasses and overpasses, and earthmoving or
miscellaneous projects, according to the type of work to be done.
Each project shall be let under a separate contract or contracts and
no contract or project shall include more than one of such types of
construction work. Each contract for construction w ork shall
contain a provision that ninety percent (90%) of all labor employed
on the project shall be residents of Oklahoma. However, contracts
for bridges may include earthwork and structures for the approaches
thereto.
(o) It shall be unlawful for any member, officer or empl oyee of
the Authority to transact with the Authority, either directly or
indirectly, any business for profit of such member, officer, or
employee; and any pers on, firm, or corporation knowingly
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participating therein shall be equally liable for violation of this
provision.
The term "business for profit" shall include, but not be limited
to, the acceptance or payment of any fee, commission, gift, or
consideration to such member, officer, or employee.
Violation of this provision shall co nstitute a felony punis hable
by incarceration in the State Penitentiary custody of the Department
of Corrections for a term not to exceed five (5) years or a fine of
not less than Five Hundred Dollars ($500.00) and not more than Five
Thousand Dollars ($5,000.00), or by both such imprisonment and fine.
(p) In the event of a national emergency, the Authority,
subject to any vested rights or claims, may enter into contracts
with the federal government or any authorized agency thereof to
allow the federal government or agency thereof t o use such turnpikes
partly or exclusively during the existence of such emergency,
provided, that the federal government agrees in such contract to
pay, during the term of such contract, an amount sufficient, when
added to any tolls collected, to meet all operating and maintenance
expenses, interest payments , and the minimum sinking fund and
reserve requirements of the trust agreement for the turnpike covered
by the contract.
(q) All meetings of the Authority shall be open public
meetings, and all records shall be public records, except when
considering personnel or litigation.
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SECTION 2. AMENDATORY 69 O.S. 2021, Section 1718, is
amended to read as follows:
Section 1718. The Authority is authorized in its di scretion to
shall file an application with the Supreme Court of Oklahoma for the
approval of any bonds to be issued hereunder, and exclusive original
jurisdiction is hereby conferred upon the Supreme Court to hear and
determine each such application. It s hall be the duty of the Court
to give such applications precedence over the other bus iness of the
Court and to consider and pass upon the applications and any
protests which may be filed thereto as speedily as possible. Notice
of the hearing on each appli cation shall be given b y a notice
published in a newspaper of general circulation in the state, as
well as by certified mail to any and all real property own ers
located within one (1) mile of the specified project, that on a day
named, the Authority will as k the Court to hear its application and
approve the bonds. Such notice shall inform all persons interested
that they may file protests against the issuance of the bonds and be
present at the hearing and contest the legality thereof. Such
notice shall be published one time not less than ten (10) forty-five
(45) days prior to the date name d for the hearing and the hearing
may be adjourned from time to time in the discretion of the Court.
If the Court shall be satisfied that the bonds have been properly
authorized in accordance w ith this article and that when issued,
they will constitute va lid obligations in accordance with their
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terms, the Court shall render its written opinion ap proving the
bonds and shall fix the time within which a petition for rehearing
may be filed. The dec ision of the Court shall be a judicial
determination of the va lidity of the bonds, shall be conclusive as
to the Authority, its officers and agents, and th ereafter the bonds
so approved and the revenues pledged to their payment shall be
incontestable in any court in the State of Oklahoma.
SECTION 3. This act shall become effective November 1, 2023.
59-1-6616 JBH 01/12/23