OK
Oklahoma House Bill HB2606

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2606 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 2606 By: Humphrey
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3838 AS INTRODUCED
3939
4040 An Act relating to turnpikes; requiring certain map
4141 to be prepared; providing for details to be contained
4242 in the map; requiring map be transferred to State
4343 Election Board; requiring special election be called
4444 within certain time frame; setting the voting pool
4545 for special election; requiring certain notice for
4646 special election; providing question presented at
4747 special election; amending 69 O.S. 2021, Section
4848 1705, which relates to power s and duties of the
4949 Oklahoma Turnpike Authorit y; requiring certain vote
5050 for proposed turnpikes; providing for codification;
5151 and providing an effective date.
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6060 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6161 SECTION 1. NEW LAW A new section of law to be codified
6262 in the Oklahoma Statutes as Section 1737 of Title 69, unless there
6363 is created a duplication in numbering, reads as follows:
6464 A. After a new turnpike project proposal has been made, the
6565 Oklahoma Turnpike Authority shall prepare a map depicting the area
6666 in which the new turnpike will lie. The map shall list all
6767 landowners whose property or p roperty interests may be necessary for
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9494 the purpose of establishing, constr ucting, maintaining and operating
9595 turnpike projects or relocation thereof, and facilities necessary
9696 and incident thereto, or necessary in the restoration of public or
9797 private property damaged or destroyed, including borrow areas,
9898 detours, channel changes, concession areas, public or private access
9999 roads, and deposits of rock, gravel, sand and other road building
100100 material for use in turnpike construction and maintenance .
101101 B. The map, created pursuant to sub section A of this section,
102102 shall be transferred the State Election Board for the purpose of
103103 calling a special election to determine if the proposed turnpike
104104 project shall proceed. The Election Board shall call the special
105105 election within ninety (90) days of receiving the map. The voting
106106 pool for the special election shall consist only of landowners, as
107107 described in subsection A of this section, whose properties and
108108 property interests are directly affected by the prop osed turnpike
109109 project. Notice of the special election shall be sent to the
110110 landowners by certified mail and shall be pu blished in a newspaper
111111 that has a general circulation in the county at least thirty (30)
112112 days prior to the special election . At the special election, this
113113 question shall be submitted to the qualified e lectors:
114114 "Shall the (insert name of the proposed turnpike pr oject) be allowed
115115 to proceed?"
116116 | | YES
117117 | | NO
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145145 The question shall be decided by a majority of those voting thereon.
146146 If the decision is "yes" the proposed turnpike project shall proceed
147147 as planned. If the decision is "no" the proposed turnpike project
148148 shall be canceled.
149149 SECTION 2. AMENDATORY 69 O.S. 2021, Section 1705, is
150150 amended to read as follows:
151151 Section 1705. The Oklahoma Turnpike Autho rity is hereby
152152 authorized and empowered:
153153 (a) To adopt bylaws for the regulation of its affairs and
154154 conduct of its business.
155155 (b) To adopt an official seal and alter the same at pleasure .
156156 (c) To maintain an office at such place or places within the
157157 state as it may designate.
158158 (d) To sue and be sued in contract, reverse condemnation,
159159 equity, mandamus and similar actions in its own name, plead and be
160160 impleaded; provided, that any and all a ctions at law or in equity
161161 against the Authority shall be brought in t he county in which the
162162 principal office of the Authority shall be located, or in the county
163163 of the residence of the plaintiff, or the county where the cause of
164164 action arose. All privile ges granted to the Authority and duties
165165 enjoined upon the Authority by the provisions of Secti ons 1701
166166 through 1734 of this title may be enforced in a court of competent
167167 jurisdiction in an action in mandamus.
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194194 (e) To construct, maintain, repair and operate turnpike
195195 projects and highways, with their access and connecting road s, at
196196 such locations and on such routes as it shall determine to be
197197 feasible and economically sound; provided, that until specifically
198198 authorized by the Legislature and by majority vote of landowners
199199 whose properties or property interests are directly affected by the
200200 proposed turnpike project, the Authority shall be authorized to
201201 construct and operate toll turnpikes only at the following
202202 locations:
203203 (1) The Turner Turnpike between Oklahoma City and Tulsa.
204204 (2) The Southwestern (H.E. Bailey) Turnpike between Oklahoma
205205 City and Wichita Falls, Texas.
206206 (3) The Northeastern (Will Rogers) Turnpike between Tulsa and
207207 Joplin, Missouri.
208208 (4) The Eastern (Indian Nation) Turnpike between Tulsa and
209209 Paris, Texas, including all or any part thereof between McAlester
210210 and the Red River south of Hug o.
211211 (5) The Cimarron Turnpi ke between Tulsa and Interstate Highway
212212 35 north of Perry, including a connection to Stillwater.
213213 (6) The Muskogee Turnpike between Broken Arrow and Interstate
214214 Highway 40 west of Webbers Falls.
215215 (7) All or any part of an extensio n of the Muskogee Turnpike,
216216 beginning at a point on Interstate Highway 40 near the present south
217217 terminus of the Muskogee Turnpike, and extending in a southeasterly
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244244 direction on an alignment near Stigler, Poteau and Heavener to the
245245 vicinity of the Arkansas State Line to furnish acce ss to Hot
246246 Springs, Texarkana, Shreveport and New Orleans.
247247 (8) A tollgate on the Turner Turnpike in the vicinity of
248248 Luther, Oklahoma, and in the vicinity of the intersection of State
249249 Highway 33 and Turner Turnpike in Creek County , Oklahoma, or in the
250250 vicinity of the intersection of State Highway 33 and Turner Turnpike
251251 or U.S. Highway 66 in Creek County, Oklahoma, from any monies
252252 available to the Authority.
253253 (9) Add on the Will Rogers Turnpike a northbound automatic
254254 tollgate onto State Highway 28 and a south bound on-ramp from State
255255 Highway 28.
256256 (10) A turnpike or any part or parts thereof beginning in the
257257 vicinity of Duncan extending east to the vicinity of the City of
258258 Davis, and extending in a northeasterly direction, by way of the
259259 vicinity of the City of Ad a, to a connection in the vicinity of
260260 Henryetta or in the vicinity of the intersection of State Highway 48
261261 and Interstate 40; and a turnpike or any part or parts thereof from
262262 the vicinity of Snyder extending north to the vicinity of Woodward.
263263 (11) A turnpike or any part or parts thereof beginning at a
264264 point in the vicinity of Ponca City, or at a point on the Kansas -
265265 Oklahoma state boundary line east of the Arkansas River and west of
266266 the point where Oklahoma State Highway No. 18 in tersects said state
267267 boundary line, and extending in a southeasterly direction to a
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294294 connection with the Tulsa Urban Expressway System in the general
295295 area of the Port of Catoosa.
296296 (12) All or any part of an Oklahoma City toll expressway system
297297 connecting the residential, industrial an d State Capitol Complex in
298298 the north part of Oklahoma City with the residential, industrial and
299299 Will Rogers World Airport Complex in the south and southwest parts
300300 of Oklahoma City.
301301 (13) A turnpike (The Industrial Parkway) or any part or parts
302302 thereof beginning at a point on the Oklahoma-Kansas state boundary
303303 line between the point where U.S. Highway 66 intersects the boundary
304304 line and the northeast corner of Oklahoma and ending by means of a
305305 connection or connections with Shrevep ort, Louisiana, and Houston ,
306306 Texas, in southeastern Oklahoma and at no point to exceed thirty
307307 (30) miles west of the Missouri or Arkansas border.
308308 (14) A turnpike or any part or parts thereof beginning in the
309309 vicinity of Velma or County Line to a point int ersecting with
310310 Interstate 35 in the area south of Davis.
311311 (15) A turnpike or any part or parts thereof beginning in the
312312 vicinity of Watonga and extending south and/or east to the vicinity
313313 of north and/or west Oklahoma City.
314314 (16) A tollgate on the Will Rog ers Turnpike near the
315315 intersection of State Highway 137 and the Will Rogers Turnpike,
316316 located south of Quapaw.
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343343 (17) A tollgate on the Muskogee Turnpike in the vicinity of
344344 Porter, Oklahoma, a tollgate on the Will Rogers Turnpike in the
345345 vicinity of Adair, O klahoma, a tollgate on the Turner Turnpike in
346346 the vicinity of Luther, Oklahoma, and a tollgate on the H.E. Bailey
347347 Turnpike at Elgin, Oklahoma, from any monies available to the
348348 Authority.
349349 (18) A tollgate on the Turner Turnpike in the vicinity of
350350 Wellston, Oklahoma, from any monies a vailable to the Authority.
351351 (19) A tollgate on the Muskogee Turnpike in the vicinity of
352352 Brushy Mountain, Oklahoma, and in the vicinity of Elm Grove,
353353 Oklahoma, from any monies available to the Authority.
354354 (20) All or any part of a n Oklahoma City Outer Loop expressway
355355 system beginning in the vicinity of I -35 and the Turner Turnpike and
356356 extending west into Canadian County and then south to I -40; and then
357357 south and east to I-35 in the vicinity of Moore and Norman; and then
358358 extending east and north to I-40 east of Tinker Field; and then
359359 extending north to the Turner Turnpike to complete the Outer Loop.
360360 (21) All or any part of the Tulsa south bypass expressway
361361 system beginning in the vicinity of the Turner Turnpike near Sapulpa
362362 and extending south and east to U.S . 75 in the vicinity of 96th
363363 Street to 121st Street; and then east across the Arkansas River to a
364364 connection with the Mingo Valley Expressway; and then south and/or
365365 east to a point on the Tulsa -Wagoner County Line near 131st stre et
366366 south in the city of Bro ken Arrow.
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393393 (22) A new turnpike or any part thereof from near the west gate
394394 of the Will Rogers Turnpike south to the west end of south Tulsa
395395 Turnpike at the Tulsa -Wagoner County Line.
396396 (23) A new turnpike or any parts thereof fro m the vicinity of
397397 the connection between State Highway 33 and U.S. 69 easterly to the
398398 Arkansas State Line.
399399 (24) A four-lane extension of the Muskogee Turnpike from
400400 Interstate Highway 40 west of Webbers Falls to the Poteau vicinity.
401401 (25) A new turnpike or any part or parts thereof beginning at a
402402 point in the vicinity of northwest Tulsa, and extending in a
403403 northwesterly direction, by means of a connection or connections
404404 with the cities of Pawhuska and Newkirk, to a point intersecting in
405405 the vicinity of US H ighway No. 77 and the Kansa s State Line.
406406 (26) A full access interchange on the Indian Nation Turnpike
407407 south of Interstate 40, in the vicinity of Henryetta, Oklahoma, and
408408 in the vicinity of the proposed theme park, museum or an industrial
409409 facility which qualifies for the Oklahoma Qu ality Jobs Program Act,
410410 from any monies available to the Authority.
411411 (27) A new turnpike beginning at a point directly west of the
412412 Arkansas line and four -laning Highway 70 from that point to the
413413 farthest western reach of Highway 70 creating a southern rout e
414414 through Oklahoma.
415415 (28) A new turnpike and bridge or any parts thereof from a
416416 point in the vicinity of the city of Mustang southerly across the
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443443 South Canadian River to the H.E. Bailey Turnpike in the vicinity of
444444 the city of Tuttle; and then easterly acro ss the South Canadian
445445 River to a point in the vicinity of the city of Norman.
446446 (29) A new turnpike or any parts thereof beginning at a point
447447 in the vicinity of the city of Altus and extending in a
448448 northwesterly direction to a poi nt in the vicinity of the c ity of
449449 Sayre.
450450 (30) A new turnpike or any parts thereof beginning at a point
451451 in the vicinity of the city of Enid and extending in a westerly
452452 direction to a point in the vicinity of the city of Woodward.
453453 (31) An on- and off-ramp or any parts thereof at Fle tcher,
454454 Oklahoma, in the vicinity of the Interstate 44 and State Highway 277
455455 intersection. Any existing on - or off-ramp or any parts thereof in
456456 the vicinity of Fletcher, Oklahoma, shall not be removed and shall
457457 be maintained pursuant to Section 1701 et seq . of this title.
458458 (32) A new bridge crossing the Arkansas River between South
459459 Delaware Avenue and Memorial Drive in Tulsa County. This project
460460 shall commence upon a determination by the Oklahoma Transportation
461461 Authority that such bridge shall be self-sufficient at some point
462462 over a thirty-year time period from the toll charges associated with
463463 the bridge project.
464464 (33) An exit ramp or any parts thereof from the eastbound lane
465465 of the Turner Turnpike at 96th Street in Tulsa.
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492492 (34) An on- and off-ramp or any parts thereof on the Cimarron
493493 Turnpike in the vicinity of the northside of the Glencoe, Oklahoma,
494494 municipal limits.
495495 (35) A new turnpike or any parts thereof beginning at
496496 Interstate 44 at or near its intersection with 49th West Av enue,
497497 past State Highway 64 /412, turning northeasterly, crossing 41st West
498498 Avenue, and continuing eastward to the L.L. Tisdale Expressway in
499499 Tulsa, Oklahoma.
500500 All access roads, interchanges, or lead roads connecting such
501501 turnpikes with existing highways mus t be built by funds furnish ed by
502502 the Authority.
503503 The minimum and maximum wages for the construction of the roads,
504504 highways and projects provided for in Sections 1701 through 1734 of
505505 this title shall be in accordance with the schedules of wages used
506506 or adopted by the Commission in con struction of state highways.
507507 The Authority is hereby authorized to enter into contracts or
508508 agreements with agencies and instrumentalities of other states or
509509 the national government for construction, maintenance and operation
510510 of interstate turnpikes or high ways.
511511 The Authority is hereby required to construct and install
512512 automatic tollgates on the Will Rogers Turnpike at State Highway No.
513513 28 near Adair.
514514 (f) To issue turnpike revenue bonds of the Authority, payable
515515 solely from revenues, including the revenues accruing to the trust
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542542 fund created by Sections 1701 through 1734 of this title, for the
543543 purpose of paying all or any part of the cost of any one or more
544544 turnpike projects. Provided that any bonds issued for the
545545 construction of the proposed turnpike referr ed to in subparagraphs
546546 (10), (20), (21) and (22) of paragraph (e) of this section shall be
547547 issued as one issue for all four of the proposed turnpikes and shall
548548 be financed, constructed and operated under one bond indenture.
549549 (g) To fix and revise from time to time tolls for the use of
550550 any turnpike projects.
551551 Any common carrier having authority at the time of opening any
552552 turnpike project to operate upon a highway approximately paralleling
553553 the turnpike project shall be granted withou t further showing
554554 authority to operate over the turnpike project to all municipalities
555555 which such carrier is serving at the time the turnpike project is
556556 opened to traffic. But nothing herein shall be construed as
557557 granting any new operation rights to any c ommon carriers.
558558 (h) To acquire, hold, and dispose of real and personal property
559559 in the exercise of its powers and the performance of its duties.
560560 (i) To acquire in the name of the Authority by purchase or
561561 otherwise on such terms and conditions and in such manner as it may
562562 deem proper, or by exercise of the right of condemnation in manner
563563 hereinafter provided, such public or private lands, including public
564564 parks, playgrounds, or reservations, or parts thereof or rights
565565 therein, rights-of-way, property, rights, easements, and interest s,
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592592 as it may deem necessary for carrying out the provisions of Sections
593593 1701 through 1734 of this title; provided, that all public property
594594 damaged in carrying out the powers granted by Sections 1701 through
595595 1734 of this title sh all be restored or repaired and placed in its
596596 original condition as nearly as practicable.
597597 (j) To designate, except as is provided for herein, the
598598 location, and establish, limit and control such points of ingress to
599599 and egress from each turnpike project a s may be necessary or
600600 desirable in the judgment of the Authority to insure the proper
601601 operation and maintenance of such project, and to prohibit entrance
602602 to such project from any point or points not so designated.
603603 (k) To make and enter into all contracts and agreements
604604 necessary or incidental to the performance of its duties and the
605605 execution of its powers, and to employ consulting engineers,
606606 attorneys, accountants, construction and financial experts,
607607 superintendents, managers, and such other employees and agents as
608608 may be necessary in its judgment, and to fix their compensation;
609609 provided, that all such expenses shall be payable solely from the
610610 proceeds of turnpike revenue bonds issued under the provisions of
611611 Sections 1701 through 1734 of this title or from revenues; provided,
612612 further, no attorney employed by the Authority, nor any member of
613613 any law firm of which the attorney may be connected, shall ever be
614614 paid any fee or compensation for any special or extraordinary
615615 services.
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642642 (l) To receive and accept fro m any federal agency grants for or
643643 in aid of the construction of any turnpike project, provided, the
644644 acceptance of such grants will not reduce the amount of federal aid
645645 for the construction, repair, or maintenance of farm -to-market roads
646646 and other highways and bridges in this state; and to receive and
647647 accept aid or contributions from any source of either money,
648648 property, labor, or other things of value, to be held, used, and
649649 applied only for the purposes for which such grants and
650650 contributions may be made.
651651 (m) To adopt such rules, a nd to do any and all things necessary
652652 to comply with rules, regulations, or requirements of the Bureau of
653653 Public Roads, Multistate Economic Development Regional Commission,
654654 as defined in Sections 1151 through 1153, inclusive, of Title 74 of
655655 the Oklahoma Statutes, Ozarka Region Commission or any other federal
656656 agency administering any law enacted by the Congress of the United
657657 States to aid or encourage the construction of highways.
658658 (n) To do all things necessary or convenient to ca rry out the
659659 powers expressly granted in Sections 1701 through 1734 of this
660660 title. The design standards for all paving shall comply with the
661661 design standards of the American Association of State Highway and
662662 Transportation Officials as modified by the Oklah oma Department of
663663 Transportation. All contracts for construction work on turnpike
664664 projects shall be let to the lowest responsible bidder, or bidders,
665665 after notice by publication in a newspaper published in the county
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692692 where the work is to be done in two co nsecutive weekly issues of the
693693 newspaper. In all cases where more than eight (8) miles of
694694 construction is let at the same time and is not an advertisement for
695695 a surface-treatment-only project, such advertisement shall provide
696696 for bids on sections of the t urnpike not to exceed eight (8) miles.
697697 If the project advertised is a surface -treatment-only project of
698698 more than twenty (20) miles of road, the advertisement shall provide
699699 for bids on sections of the road no longer than twenty (20) miles,
700700 as well as bids on the project as a whole. Subject to the following
701701 restrictions and limitations, the Authority shall, when contracting
702702 for construction work, divide such work into paving projects, bridge
703703 projects, including underpasses and overpasses, and earthmoving o r
704704 miscellaneous projects, a ccording to the type of work to be done.
705705 Each project shall be let under a separate contract or contracts and
706706 no contract or project shall include more than one of such types of
707707 construction work. Each contract for construction work shall
708708 contain a provision that ninety percent (90%) of all labor employed
709709 on the project shall be residents of Oklahoma. However, contracts
710710 for bridges may include earthwork and structures for the approaches
711711 thereto.
712712 (o) It shall be unlawful for an y member, officer or employ ee of
713713 the Authority to transact with the Authority, either directly or
714714 indirectly, any business for profit of such member, officer, or
715715 employee; and any person, firm, or corporation knowingly
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742742 participating therein shall be equall y liable for violation of t his
743743 provision.
744744 The term "business for profit" shall include, but not be limited
745745 to, the acceptance or payment of any fee, commission, gift, or
746746 consideration to such member, officer, or employee.
747747 Violation of this provision shall constitute a felony punisha ble
748748 by incarceration in the State Penitentiary custody of the Department
749749 of Corrections for a term not to exceed five (5) years or a fine of
750750 not less than Five Hundred Dollars ($500.00) and not more than Five
751751 Thousand Dollars ($5,0 00.00), or both such impr isonment and fine.
752752 (p) In the event of a national emergency, the Authority,
753753 subject to any vested rights or claims, may enter into contracts
754754 with the federal government or any authorized agency thereof to
755755 allow the federal governm ent or agency thereof to use such turnpikes
756756 partly or exclusively during the existence of such emergency,
757757 provided, that the federal government agrees in such contract to
758758 pay, during the term of such contract, an amount sufficient, when
759759 added to any tolls collected, to meet all op erating and maintenance
760760 expenses, interest payments , and the minimum sinking fund and
761761 reserve requirements of the trust agreement for the turnpike covered
762762 by the contract.
763763 (q) All meetings of the Authority shall be open public
764764 meetings, and all records sh all be public records, except when
765765 considering personnel or litigation.
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791791
792792 SECTION 3. This act shall become effective November 1, 2023.
793793
794794 59-1-5667 JBH 01/11/23