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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2606 By: Humphrey
AS INTRODUCED
An Act relating to turnpikes; requiring certain map
to be prepared; providing for details to be contained
in the map; requiring map be transferred to State
Election Board; requiring special election be called
within certain time frame; setting the voting pool
for special election; requiring certain notice for
special election; providing question presented at
special election; amending 69 O.S. 2021, Section
1705, which relates to power s and duties of the
Oklahoma Turnpike Authorit y; requiring certain vote
for proposed turnpikes; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1737 of Title 69, unless there
is created a duplication in numbering, reads as follows:
A. After a new turnpike project proposal has been made, the
Oklahoma Turnpike Authority shall prepare a map depicting the area
in which the new turnpike will lie. The map shall list all
landowners whose property or p roperty interests may be necessary for
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the purpose of establishing, constr ucting, maintaining and operating
turnpike projects or relocation thereof, and facilities necessary
and incident thereto, or necessary in the restoration of public or
private property damaged or destroyed, including borrow areas,
detours, channel changes, concession areas, public or private access
roads, and deposits of rock, gravel, sand and other road building
material for use in turnpike construction and maintenance .
B. The map, created pursuant to sub section A of this section,
shall be transferred the State Election Board for the purpose of
calling a special election to determine if the proposed turnpike
project shall proceed. The Election Board shall call the special
election within ninety (90) days of receiving the map. The voting
pool for the special election shall consist only of landowners, as
described in subsection A of this section, whose properties and
property interests are directly affected by the prop osed turnpike
project. Notice of the special election shall be sent to the
landowners by certified mail and shall be pu blished in a newspaper
that has a general circulation in the county at least thirty (30)
days prior to the special election . At the special election, this
question shall be submitted to the qualified e lectors:
"Shall the (insert name of the proposed turnpike pr oject) be allowed
to proceed?"
| | YES
| | NO
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The question shall be decided by a majority of those voting thereon.
If the decision is "yes" the proposed turnpike project shall proceed
as planned. If the decision is "no" the proposed turnpike project
shall be canceled.
SECTION 2. AMENDATORY 69 O.S. 2021, Section 1705, is
amended to read as follows:
Section 1705. The Oklahoma Turnpike Autho rity 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 and alter the same at pleasure .
(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 t he 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 of
action arose. All privile ges granted to the Authority and duties
enjoined upon the Authority by the provisions of Secti ons 1701
through 1734 of this title may be enforced in a court of competent
jurisdiction in an action in mandamus.
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(e) To construct, maintain, repair and operate turnpike
projects and highways, with their access and connecting road s, at
such locations and on such routes as it shall determine to be
feasible and economically sound; provided, that until specifically
authorized by the Legislature and by majority vote of landowners
whose properties or property interests are directly affected by the
proposed turnpike project, 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 Falls, Texas.
(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 Hug o.
(5) The Cimarron Turnpi ke 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 extensio n 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
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direction on an alignment near Stigler, Poteau and Heavener to the
vicinity of the Arkansas State Line to furnish acce ss 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 , Oklahoma, 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 Highway 28 and a south bound on-ramp from State
Highway 28.
(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 Ad a, 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 Woodward.
(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 in tersects said state
boundary line, and extending in a southeasterly direction to a
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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 residential, industrial an d 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 Shrevep ort, Louisiana, and Houston ,
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 int ersecting 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 Rog ers Turnpike near the
intersection of State Highway 137 and the Will Rogers Turnpike,
located south of Quapaw.
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(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, O klahoma, 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 a vailable 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 a n Oklahoma City Outer Loop expressway
system beginning in the vicinity of I -35 and the Turner Turnpike and
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 north 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 stre et
south in the city of Bro ken Arrow.
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(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 fro m the vicinity 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 H ighway No. 77 and the Kansa s State Line.
(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 for the Oklahoma Qu ality 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 creating a southern rout e
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
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South Canadian River to the H.E. Bailey Turnpike in the vicinity of
the city of Tuttle; and then easterly acro ss 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 poi nt in the vicinity of the c ity 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 Fle tcher,
Oklahoma, in the vicinity of the Interstate 44 and State Highway 277
intersection. Any existing on - or off-ramp or any parts thereof in
the vicinity of Fletcher, Oklahoma, shall not be removed and shall
be maintained pursuant to Section 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.
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(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 Av enue,
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 mus t be built by funds furnish ed 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
this title shall be in accordance with the schedules of wages used
or adopted by the Commission in con struction 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 high ways.
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, including the revenues accruing to the trust
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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 proposed turnpike referr ed 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.
(g) To fix and revise from time 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 highway approximately paralleling
the turnpike project shall be granted withou t 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 c ommon 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 Authority by purchase or
otherwise on such terms and conditions and in such manner 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 reservations, or parts thereof or rights
therein, rights-of-way, property, rights, easements, and interest s,
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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 sh all be restored or repaired 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 control such points of ingress to
and egress from each turnpike project a s 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 and 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 financial experts,
superintendents, managers, and such other employees and agents 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 revenues; 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 for any special or extraordinary
services.
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(l) To receive and accept fro m any federal agency grants 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 and bridges in this state; 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, a nd to do any and all things necessary
to comply with rules, regulations, or requirements of the Bureau of
Public Roads, Multistate Economic Development Regional Commission,
as defined in Sections 1151 through 1153, inclusive, of Title 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 construction of highways.
(n) To do all things necessary or convenient to ca rry 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 Association of State Highway and
Transportation Officials as modified by the Oklah oma 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 co nsecutive weekly issues of 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 t urnpike not to exceed eight (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 whole. 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 o r
miscellaneous projects, a ccording 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 work 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 an y member, officer or employ ee of
the Authority to transact with the Authority, either directly or
indirectly, any business for profit of such member, officer, or
employee; and any person, firm, or corporation knowingly
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participating therein shall be equall y liable for violation of t his
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 constitute a felony punisha ble
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 ($5,0 00.00), or both such impr isonment 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 governm ent or agency thereof to 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 op erating 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 sh all be public records, except when
considering personnel or litigation.
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SECTION 3. This act shall become effective November 1, 2023.
59-1-5667 JBH 01/11/23