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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1913 By: Fugate
AS INTRODUCED
An Act relating to Oklahoma Turnpike Authority ;
amending 69 O.S. 2021, Section 1703, which relates to
the creation of the Okl ahoma Turnpike Authority;
allowing certain appointed members to seek succeeding
terms by retention ballot; requiring Governor to make
certain appointment; modifying means of remov al;
allowing for certain filing with Secretary of State;
requiring retention question be presented to voters
of district; requiring majority of vot ers to approve
or deny; stating procedures following outcome of
election; allowing successive terms with out limit;
providing for codification ; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 69 O.S. 2021, Section 1703, is
amended to read as follows:
Section 1703. A. There is hereby created a body corporate and
politic to be known as the "Oklahoma Turnpike Authority" and by that
name the Authority may sue and be sued, and plead and be impleaded.
The Authority is hereby const ituted an instrumentality of the state,
and the exercise by the Authority of the powers conferred by this
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act in the construction, operation, and maintenance of turnpike
projects shall be deemed and held to be an essential governmental
function of the state with all the attributes thereof. Provided,
however, the Turnpike Authority is authorized to carry and shall
carry liability insurance to the same extent and in the same manner
as the Transportation Commission, and in addition thereto it shall
be subject to the workers' compensation laws of the state the same
as a private construction project.
B. The Oklahoma Turnpike Authority shall consist of the
Governor, who shall be a member ex officio, and six (6) members to
be appointed by the Governor, by and wit h the consent of the
Oklahoma State Senate. The appointive members shall be residents of
the state, and shall have been qualified electors therein for a
period of at least one (1) year next prece ding their appointment.
One appointive member shall be appointed from each of six districts
of the state, such districts to include the area as follows:
District 1. Oklahoma, Canadian, Cleveland, McClain and Garvin
Counties.
District 2. Washington, Nowa ta, Craig, Ottawa, Rogers, Mayes,
Delaware, Wagoner, Cherokee, Adair, Okmul gee, Osage, Muskogee,
Sequoyah, McIntosh and Haskell Counties.
District 3. Coal, Logan, Payne, Linco ln, Creek, Okfuskee,
Pottawatomie, Seminole, Hughes and Pontotoc Counties.
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District 4. Kay, Pawnee, Garfield, Noble, Tulsa, Woods,
Woodward, Major, Alfalf a and Grant Counties.
District 5. Cimarron, Grady, Texas, Beaver, Harper, Ellis,
Roger Mills, Dewey, Custer, Caddo, Washita, Beckham, Harmon,
Stephens, Jefferson, Greer, Kiowa, Jac kson, Tillman, Comanche,
Cotton, Kingfisher and Blaine Counties.
District 6. Carter, Love, Murray, Johnston, Marshall, Atoka,
Bryan, Pittsburg, Latimer, Le Flore, Pushmataha, Choctaw and
McCurtain Counties.
The members of the Authority appointed shall con tinue in office
for terms expiring as follows: District 1, July 1, 1968; D istrict
2, July 1, 1971; District 3, July 1, 1972; District 4, July 1, 1973;
District 5, July 1, 1974 ; District 6, July 1, 1975. Provided, that
appointive members serving on the Ok lahoma Turnpike Authority
created by 69 O.S. 1961, Section 653, when this act becomes
effective July 1, 1968, shall continue to serve as members of the
Oklahoma Turnpike Author ity created by this section, for the terms
for which they were appointed, unless sooner remove d by the
Governor. The successor of each appointive member shall be
appointed for a term of eight (8) years, except that any person
appointed to fill a vacancy s hall be appointed to serve only for the
unexpired term,. and At the end of each term, a member of the
Authority shall be eligible for reappointment to be retained in
office by retention ballot pursuant to the provisions of Section 2
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of this act. Each member in office on November 1, 2023, shall serve
the term for which the member was appointed and shall be eligible
for retention in the same office for succeeding terms. If a member
does not seek retention, the Governor shall appoint a new member
from that district. Each appointed member of the Authority before
entering upon the duties of office shall take an oath as provided by
Section 1 of Article XV of the Constitution of the State of
Oklahoma. Any appointive member of the Authority m ay be removed by
the Governor at any time with or without cause.
C. The Authority shall elect one of the appointed members as
chairperson and another as vice -chairperson, and shall also el ect a
Secretary and Treasurer. A majority of the members of the Au thority
shall constitute a quorum and the vote of a majority of the members
shall be necessary for any action taken by the Authority. No
vacancy in the membership of the Authority shall im pair the right of
a quorum to exercise all the rights and perform a ll the duties of
the Authority.
D. Before the issuance of any turnpike revenue bonds under the
provisions of this act, each appointed member of the Authority shall
execute a surety bond in the penal sum of Twenty -five Thousand
Dollars ($25,000.00) and the secretary and treasurer shall execute a
surety bond in the penal sum of One Hundred Thousand Dollars
($100,000.00), each such surety bond to be conditioned upon the
faithful performance of the duties of the office, to be executed by
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a surety company autho rized to transact bu siness in the State of
Oklahoma as surety and to be approved by the Governor and filed in
the office of the Secretary of State.
E. The members of the Authority shall no t be entitled to
compensation for their services, but each member s hall be reimbursed
for actual expenses necessarily incurred in the performance of the
duties of such member. All expenses incurred in carrying out the
provisions of this act shall be payab le solely from funds provided
under the authority of this act and n o liability or oblig ation shall
be incurred by the Authority hereunder beyond the extent to which
monies shall have been provided under the authority of this act.
F. Whenever the terms "Oklahoma Transportation Authority",
"Transportation Authority" or "Authority", when used in reference to
the Oklahoma Turnpike Authority, appear in the Oklahoma Statutes,
such terms shall mean the Oklahoma Turnpike Authority.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1703.1 of Title 69, unless there
is created a duplication in numbering, reads as follows:
At the General Election next before a term expires, any member
of the six (6) districts making up Oklahoma Turnpike Authority may
seek retention in office by filing with the Secretary of State, not
less than sixty (60) days before the date of the election, a
declaration of candidacy to succeed himself or herself. At the
election, there shall be submitted to the qualif ied electors of the
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Oklahoma Turnpike Author ity district in which the candidate lives,
on a separate ballot, without party designation, this question:
"Shall (Here insert name of member) of the Oklahoma Turnpike
Authority be retained in Office?
| | YES
| | NO"
The question shall be decided by a majorit y of those voting
thereon. If the decision is "yes" the member shall be retained in
office for the next ensuing eight-year term. If the decision is
"no", or if no declaration of candidacy is filed, the office shall
be vacant upon expiration of the term t hen being served, and the
former member shall not be eligible for appointment to succeed
himself or herself. Retention in office may be sought for
successive terms without limit as to number, except for retirement
as may be provided by the Legislature for a maximum retirement age.
SECTION 3. This act shall become effective November 1, 2023.
59-1-6771 JBH 12/19/22