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Oklahoma House Bill HB2125

Oklahoma 2024 Regular Session

Oklahoma House Bill HB2125 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 2125 By: Swope
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4040 AS INTRODUCED
4141
4242 An Act relating to turnpikes; amending 69 O.S. 2021,
4343 Sections 1705 and 1711, which relate to the Oklahoma
4444 Turnpike Authority powers and duties and tolls;
4545 requiring legislative approval for Oklahoma Turnpike
4646 Authority to modify turnpike tolls; and providing an
4747 effective date.
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5454 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5555 SECTION 1. AMENDATORY 6 9 O.S. 2021, Section 1705, is
5656 amended to read as follows:
5757 Section 1705. The Oklahoma Turnpike Authority is hereby
5858 authorized and empowered:
5959 (a) To adopt bylaws for the regulation of its affairs and
6060 conduct of its business.
6161 (b) To adopt an official seal and alter the same at plea sure.
6262 (c) To maintain an office at such place or places within the
6363 state as it may designate.
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9090 (d) To sue and be sued in contract, reverse condemnation,
9191 equity, mandamus and similar actions in its own name, plead and be
9292 impleaded; provided, that any and a ll actions at law or in equity
9393 against the Authority shall be brought in the county in which the
9494 principal office of the Authority shall be located, or in the county
9595 of the residence of the plaintiff, or the county where the cause of
9696 action arose. All pri vileges granted to the Authority and duties
9797 enjoined upon the Authority by the provisions of Sections 1701
9898 through 1734 of this title may be enforced in a court of competent
9999 jurisdiction in an action in mandamus.
100100 (e) To construct, maintain, repair and ope rate turnpike
101101 projects and highways, with their access and connecting roads, at
102102 such locations and on such routes as it shall determine to be
103103 feasible and economically sound; provided, that until specifically
104104 authorized by the Leg islature, the Authority sh all be authorized to
105105 construct and operate toll turnpikes only at the following
106106 locations:
107107 (1) The Turner Turnpike between Oklahoma City and Tulsa.
108108 (2) The Southwestern (H.E. Bailey) Turnpike between Oklahoma
109109 City and Wichita Falls, Texas.
110110 (3) The Northeastern (Will Rogers) Turnpike between Tulsa and
111111 Joplin, Missouri.
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138138 (4) The Eastern (Indian Nation) Turnpike between Tulsa and
139139 Paris, Texas, including all or any part thereof between McAlester
140140 and the Red River south of Hugo.
141141 (5) The Cimarron Turnpike bet ween Tulsa and Interstate Highway
142142 35 north of Perry, including a connection to Stillwater.
143143 (6) The Muskogee Turnpike between Broken Arrow and Interstate
144144 Highway 40 west of Webbers Falls.
145145 (7) All or any part of an extension of th e Muskogee Turnpike,
146146 beginning at a point on Interstate Highway 40 near the present south
147147 terminus of the Muskogee Turnpike, and extending in a southeasterly
148148 direction on an alignment near Stigler, Poteau and Heavener to the
149149 vicinity of the Arkansas State Line to furnish access to Hot
150150 Springs, Texarkana, Shreveport and New Orleans.
151151 (8) A tollgate on the Turner Turnpike in the vicinity of
152152 Luther, Oklahoma, and in the vicinity of the intersection of State
153153 Highway 33 and Turner Turnpike in Creek County, Oklah oma, or in the
154154 vicinity of the intersection of State Highway 33 and Turner Turnpike
155155 or U.S. Highway 66 in Creek County, Oklahoma, from any monies
156156 available to the Authority.
157157 (9) Add on the Will Rogers Turnpike a northbound automatic
158158 tollgate onto State Hi ghway 28 and a southbound on-ramp from State
159159 Highway 28.
160160 (10) A turnpike or any part or parts thereof beginning in the
161161 vicinity of Duncan extending east to the vicinity of the City of
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188188 Davis, and extending in a northeasterly direction, by way of the
189189 vicinity of the City of Ada, to a connection in the vicinity of
190190 Henryetta or in the vicinity of the intersection of State Highway 48
191191 and Interstate 40; and a turnpike or any part or parts thereof from
192192 the vicinity of Snyder extending north to the vicinity of Woo dward.
193193 (11) A turnpike or any part or parts thereof beginning at a
194194 point in the vicinity of Ponca City, or at a point on the Kansas -
195195 Oklahoma state boundary line east of the Arkansas River and west of
196196 the point where Oklahoma State Highway No. 18 intersect s said state
197197 boundary line, and extending in a southeasterly direction to a
198198 connection with the Tulsa Urban Expressway System in the general
199199 area of the Port of Catoosa.
200200 (12) All or any part of an Oklahoma City toll expressway system
201201 connecting the reside ntial, industrial and Stat e Capitol Complex in
202202 the north part of Oklahoma City with the residential, industrial and
203203 Will Rogers World Airport Complex in the south and southwest parts
204204 of Oklahoma City.
205205 (13) A turnpike (The Industrial Parkway) or any part o r parts
206206 thereof beginning at a point on the Oklahoma-Kansas state boundary
207207 line between the point where U.S. Highway 66 intersects the boundary
208208 line and the northeast corner of Oklahoma and ending by means of a
209209 connection or connections with Shreveport, Lo uisiana, and Houston,
210210 Texas, in southeastern Oklahoma and at no point to exceed thirty
211211 (30) miles west of the Missouri or Arkansas border.
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238238 (14) A turnpike or any part or parts thereof beginning in the
239239 vicinity of Velma or County Line to a point intersecti ng with
240240 Interstate 35 in the area south of Davis.
241241 (15) A turnpike or any part or parts thereof beginning in the
242242 vicinity of Watonga and extending south and/or east to the vicinity
243243 of north and/or west Oklahoma City.
244244 (16) A tollgate on the Will Rogers Tur npike near the
245245 intersection of State Highway 137 and the Will Rogers Turnpike,
246246 located south of Quapaw.
247247 (17) A tollgate on the Muskogee Turnpike in the vicinity of
248248 Porter, Oklahoma, a tollgate on the Will Rogers Turnpike in the
249249 vicinity of Adair, Oklahoma , a tollgate on the Turner Turnpike in
250250 the vicinity of Luther, Oklahoma, and a tollgate on the H.E. Bailey
251251 Turnpike at Elgin, Oklahoma, from any monies available to the
252252 Authority.
253253 (18) A tollgate on the Turner Turnpike in the vicinity of
254254 Wellston, Oklahoma, from any monies availab le to the Authority.
255255 (19) A tollgate on the Muskogee Turnpike in the vicinity of
256256 Brushy Mountain, Oklahoma, and in the vicinity of Elm Grove,
257257 Oklahoma, from any monies available to the Authority.
258258 (20) All or any part of an Oklah oma City Outer Loop expres sway
259259 system beginning in the vicinity of I-35 and the Turner Turnpike and
260260 extending west into Canadian County and then south to I -40; and then
261261 south and east to I-35 in the vicinity of Moore and Norman; and then
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288288 extending east and north to I-40 east of Tinker Field; and then
289289 extending north to the Turner Turnpike to complete the Outer Loop.
290290 (21) All or any part of the Tulsa south bypass expressway
291291 system beginning in the vicinity of the Turner Turnpike near Sapulpa
292292 and extending south and east to U.S. 75 i n the vicinity of 96th
293293 Street to 121st Street; and then east across the Arkansas River to a
294294 connection with the Mingo Valley Expressway; and then south and/or
295295 east to a point on the Tulsa -Wagoner County Line near 131st street
296296 south in the city of Broken Ar row.
297297 (22) A new turnpike or any part thereof from near the west gate
298298 of the Will Rogers Turnpike south to the west end of south Tulsa
299299 Turnpike at the Tulsa -Wagoner County Line.
300300 (23) A new turnpike or any parts thereof from the v icinity of
301301 the connection between State Highway 33 and U.S. 69 easterly to the
302302 Arkansas State Line.
303303 (24) A four-lane extension of the Muskogee Turnpike from
304304 Interstate Highway 40 west of Webbers Falls to the Poteau vicinity.
305305 (25) A new turnpike or any pa rt or parts thereof beginn ing at a
306306 point in the vicinity of northwest Tulsa, and extending in a
307307 northwesterly direction, by means of a connection or connections
308308 with the cities of Pawhuska and Newkirk, to a point intersecting in
309309 the vicinity of US Highway No. 77 and the Kansas Stat e Line.
310310 (26) A full access interchange on the Indian Nation Turnpike
311311 south of Interstate 40, in the vicinity of Henryetta, Oklahoma, and
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338338 in the vicinity of the proposed theme park, museum or an industrial
339339 facility which qualifies for the Oklahoma Quality Jobs Program Act,
340340 from any monies available to the Authority.
341341 (27) A new turnpike beginning at a point directly west of the
342342 Arkansas line and four -laning Highway 70 from that point to the
343343 farthest western reach of Highway 70 crea ting a southern route
344344 through Oklahoma.
345345 (28) A new turnpike and bridge or any parts thereof from a
346346 point in the vicinity of the city of Mustang southerly across the
347347 South Canadian River to the H.E. Bailey Turnpike in the vicinity of
348348 the city of Tuttle; an d then easterly across the South Canadian
349349 River to a point in the vicinity of the city of Norman.
350350 (29) A new turnpike or any parts thereof beginning at a point
351351 in the vicinity of the city of Altus and extending in a
352352 northwesterly direction to a point in t he vicinity of the city of
353353 Sayre.
354354 (30) A new turnpike or any parts thereof beginning at a point
355355 in the vicinity of the city of Enid and extending in a westerly
356356 direction to a point in the vicinity of the city of Woodward.
357357 (31) An on- and off-ramp or any parts thereof at Fletcher,
358358 Oklahoma, in the vicinity of the Interstate 44 and State Highway 277
359359 intersection. Any existing on - or off-ramp or any parts thereof in
360360 the vicinity of Fletcher, Oklahoma, shall not be removed and shall
361361 be maintained pursuant to Section 1701 et seq. of t his title.
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388388 (32) A new bridge crossing the Arkansas River between South
389389 Delaware Avenue and Memorial Drive in Tulsa County. This project
390390 shall commence upon a determination by the Oklahoma Transportation
391391 Authority that such bridg e shall be self-sufficient at some point
392392 over a thirty-year time period from the toll charges associated with
393393 the bridge project.
394394 (33) An exit ramp or any parts thereof from the eastbound lane
395395 of the Turner Turnpike at 96th Street in Tulsa.
396396 (34) An on- and off-ramp or any parts thereof on the Cimarron
397397 Turnpike in the vicinity of the northside of the Glencoe, Oklahoma,
398398 municipal limits.
399399 (35) A new turnpike or any parts thereof beginning at
400400 Interstate 44 at or near its intersection with 49th West Avenue,
401401 past State Highway 64/412, turning northeasterly, crossing 41st West
402402 Avenue, and continuing eastward to the L.L. Tisdale Expressway in
403403 Tulsa, Oklahoma.
404404 All access roads, interchanges, or lead roads connecting such
405405 turnpikes with existing highways must be bu ilt by funds furnished by
406406 the Authority.
407407 The minimum and maximum wages for the construction of the roads,
408408 highways and projects provided for in Sections 1701 through 1734 of
409409 this title shall be in accordance with the schedules of wages used
410410 or adopted by the Commission in construct ion of state highways.
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437437 The Authority is hereby authorized to enter into contracts or
438438 agreements with agencies and instrumentalities of other states or
439439 the national government for construction, maintenance and operation
440440 of interstate turnpikes or highways.
441441 The Authority is hereby required to construct and install
442442 automatic tollgates on the Will Rogers Turnpike at State Highway No.
443443 28 near Adair.
444444 (f) To issue turnpike revenue bonds of the Authority, payable
445445 solely from revenues, inc luding the revenues accrui ng to the trust
446446 fund created by Sections 1701 through 1734 of this title, for the
447447 purpose of paying all or any part of the cost of any one or more
448448 turnpike projects. Provided that any bonds issued for the
449449 construction of the prop osed turnpike referred to in subparagraphs
450450 (10), (20), (21) and (22) of paragraph (e) of this section shall be
451451 issued as one issue for all four of the proposed turnpikes and shall
452452 be financed, constructed and operated under one bond indenture.
453453 (g) To fix and revise from time to ti me tolls for the use of
454454 any turnpike projects, with legislative approval .
455455 Any common carrier having authority at the time of opening any
456456 turnpike project to operate upon a highway approximately paralleling
457457 the turnpike project sha ll be granted without furt her showing
458458 authority to operate over the turnpike project to all municipalities
459459 which such carrier is serving at the time the turnpike project is
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486486 opened to traffic. But nothing herein shall be construed as
487487 granting any new opera tion rights to any common carriers.
488488 (h) To acquire, hold, and dispose of real and personal property
489489 in the exercise of its powers and the performance of its duties.
490490 (i) To acquire in the name of the Authority by purchase or
491491 otherwise on such terms and co nditions and in such manne r as it may
492492 deem proper, or by exercise of the right of condemnation in manner
493493 hereinafter provided, such public or private lands, including public
494494 parks, playgrounds, or reservations, or parts thereof or rights
495495 therein, rights-of-way, property, rights, ea sements, and interest s,
496496 as it may deem necessary for carrying out the provisions of Sections
497497 1701 through 1734 of this title; provided, that all public property
498498 damaged in carrying out the powers granted by Sections 1701 through
499499 1734 of this title shall be restored or repaired and placed in its
500500 original condition as nearly as practicable.
501501 (j) To designate, except as is provided for herein, the
502502 location, and establish, limit and control such points of ingress to
503503 and egress from each turnpike project as may be necessary or
504504 desirable in the judgment of the Authority to insure ensure the
505505 proper operation and maintenance of such project, and to prohibit
506506 entrance to such project from any point or points not so designated.
507507 (k) To make and enter into all contracts and agreements
508508 necessary or incidental to the performance of its duties and the
509509 execution of its powers, and to employ consulting engineers,
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536536 attorneys, accountants, construction and financial experts,
537537 superintendents, managers, a nd such other employees and agents as
538538 may be necessary in its judgment, and to fix their compensation;
539539 provided, that all such expenses shall be payable solely from the
540540 proceeds of turnpike revenue bonds issued under the provisions of
541541 Sections 1701 through 1734 of this title or from revenues; provided,
542542 further, no attorney employed by the Authority, nor any member of
543543 any law firm of which the attorney may be connected, shall ever be
544544 paid any fee or compensation for any special or extraordinary
545545 services.
546546 (l) To receive and accept from any federal agency grants for or
547547 in aid of the construction of any turnpike project, provided , the
548548 acceptance of such grants will not reduce the amount of federal aid
549549 for the construction, repair, or maintenance of farm -to-market roads
550550 and other highways and bridges in this state; and to receive and
551551 accept aid or contributions from any source of either money,
552552 property, labor, or other things of value, to be held, used, and
553553 applied only for the purposes for which such grants and
554554 contributions may be made.
555555 (m) To adopt such rules, and to do any and all things necessary
556556 to comply with rules, regulations, or requirements of the Bureau of
557557 Public Roads, Multistate Economic Development Regional Commission,
558558 as defined in Sections 1151 t hrough 1153, inclusive, of Title 74 of
559559 the Oklahoma Statutes, Ozarka Region Commission or any other federal
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586586 agency administering any law enacted by the Congress of the United
587587 States to aid or encourage the construction of highways.
588588 (n) To do all things ne cessary or convenient to carry out the
589589 powers expressly granted in Sections 1701 through 1734 of this
590590 title. The design standards for all paving shall comply with the
591591 design standards of the American Association of State Highway and
592592 Transportation Officia ls as modified by the Oklahoma Department of
593593 Transportation. All contracts for construction work on turnpike
594594 projects shall be let to the lowest responsible bidder, or bidders,
595595 after notice by publication in a newspaper published in the county
596596 where the work is to be done in two (2) consecutive weekly issues of
597597 the newspaper. In all cases where more than eight (8) miles of
598598 construction is let at the same time and is not an advertisement for
599599 a surface-treatment-only project, such advertisement shall provid e
600600 for bids on sections of the turnpike not to exceed e ight (8) miles.
601601 If the project advertised is a surface -treatment-only project of
602602 more than twenty (20) miles of road, the advertisement shall provide
603603 for bids on sections of the road no longer than twe nty (20) miles,
604604 as well as bids on the project as a whole. Subject to the following
605605 restrictions and limitations, the Authority shall, when contracting
606606 for construction work, divide such work into paving projects, bridge
607607 projects, including underpasses an d overpasses, and earthmoving or
608608 miscellaneous project s, according to the type of work to be done.
609609 Each project shall be let under a separate contract or contracts and
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636636 no contract or project shall include more than one of such types of
637637 construction work. Each contract for construction work shall
638638 contain a provision that ninety percent (90%) of all labor employed
639639 on the project shall be residents of Oklahoma. However, contracts
640640 for bridges may include earthwork and structures for the approaches
641641 thereto.
642642 (o) It shall be unlawful for any member, officer or em ployee of
643643 the Authority to transact with the Authority, either directly or
644644 indirectly, any business for profit of such member, officer, or
645645 employee; and any person, firm, or corporation knowingly
646646 participating therein shall be equally liable for violation of this
647647 provision.
648648 The term "business for profit" shall include, but not be limited
649649 to, the acceptance or payment of any fee, commission, gift, or
650650 consideration to such member, officer, or employee.
651651 Violation of this provision shall constitute a felony pun ishable
652652 by incarceration imprisonment in the State Penitentiary custody of
653653 the Oklahoma Department of Corrections for a term not to exceed five
654654 (5) years or a fine of not less than Five Hundred Dollars ($500.00)
655655 and not more than Five Thousand Dollars ($5,000.00), or b oth such
656656 imprisonment and fine.
657657 (p) In the event of a national emergency, the Authority,
658658 subject to any vested rights or claims, may enter into contracts
659659 with the federal government or any authorized agency thereof to
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686686 allow the federal government or agenc y thereof to use such turnpikes
687687 partly or exclusively during the existence of such emergency,
688688 provided, that the federal government agrees in such contract to
689689 pay, during the term of such c ontract, an amount suffici ent, when
690690 added to any tolls collected, to meet all operating and maintenance
691691 expenses, interest payments, and the minimum sinking fund and
692692 reserve requirements of the trust agreement for the turnpike covered
693693 by the contract.
694694 (q) All meetings of the Autho rity shall be open public
695695 meetings, and all records shall be public records, except when
696696 considering personnel or litigation.
697697 SECTION 2. AMENDATORY 69 O.S. 2021, Section 1711, is
698698 amended to read as follow s:
699699 Section 1711. The Authority, with the approval of the
700700 Legislature and subject to the provisions hereof, is hereby
701701 authorized to fix, revise, charge and collect tolls for the use of
702702 each turnpike project and the different parts or sections thereof,
703703 except for use by law enforcem ent officers responsible for enforcing
704704 the traffic laws and the general laws of the state a nd federal
705705 governments on turnpikes , who shall be entitled to free use of every
706706 such project in the performance of official duties connecte d with
707707 such turnpike project, and to contract with any person, partn ership,
708708 association or corporation desiring the u se of any part thereof,
709709 including the right-of-way adjoining the paved portion, for pla cing
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736736 thereon telephone, telegraph, electric light or power lines, gas
737737 stations, garages, stores, hotels, restaurants and advertising
738738 signs, or for any other purpose exce pt for tracks for railroad or
739739 railway use, and to fix the terms, conditions, rents and rates of
740740 charges for such use. Such tolls, subject to the other restrictions
741741 hereof, shall be so fixed and adjusted in respect of the aggregate
742742 of tolls from the turnpi ke project or projects in connectio n with
743743 which the bonds of any issue shall have been issued as to provide a
744744 fund sufficient with other re venues, if any, to pay (a) the cost of
745745 maintaining, repairing, and o perating such turnpike project or
746746 projects, and (b) the principal of and the interes t of such bonds as
747747 the same shall become due and pay able, and to create reserves for
748748 such purposes. The tolls and all other reven ues derived from the
749749 turnpike project or p rojects in connection with which the bonds of
750750 any issue shall have been issued, excep t such part thereof as may be
751751 necessary to pay such cost of maintenance, repair, and operation and
752752 to provide such reserves there for as may be provided for in the
753753 resolution authorizing the issuance of such bonds or in t he trust
754754 agreement securing the same shall be set aside at such regular
755755 intervals as may be provided in such resolution or such trust
756756 agreement in a sinking fund whi ch is hereby pledged to, and charged
757757 with, the payment of (a) the interest upon such bonds as such
758758 interest shall fall due, (b) the principal of such bonds as the same
759759 shall fall due, (c) the necessary charges of paying agents for
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786786 paying principal and inte rest, and (d) the redemption price or the
787787 purchase price of bonds retired by call or purcha se as therein
788788 provided, which are a charge against such fund. The use and
789789 disposition of monies to the credit of such sinking fund shall b e
790790 subject to the provision s of the resolution authorizing the issuan ce
791791 of such bonds or of such trust agreement. Except as may otherwise
792792 be provided in such resolution or such trust agreement, such sinking
793793 fund shall be a fund for all such bonds without d istinction or
794794 priority of one over another. The monies in the sinki ng fund, less
795795 such reserve as may be provided in such resolution or trust
796796 agreement, if not used within a reasonable time for the purchase of
797797 bonds for cancellation as above herein provided, shall be applied to
798798 the redemption of bonds at the redemption price the n applicable.
799799 Any person who leases, rents, or ac quires control of any gas
800800 station, garage, store, hotel, or restaurant must have been a
801801 resident of, or been doing business in, Okla homa for the past five
802802 (5) years. Notwithstanding anything else herein co ntained to the
803803 contrary, the Oklahoma Corporation Commissio n of the State of
804804 Oklahoma shall exercise the jurisdiction now or hereafter vested in
805805 it to regulate and control the operat ion of motor carriers of
806806 passengers and freight, using or desiring to use any turnpike
807807 project, in the manner and to the extent that it regulates or
808808 controls such carriers using the highways of the state. The
809809 Authority shall not discriminate against any g roup or class or
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836836 individual member thereof in fixing the amount of toll, rents, or
837837 charge for the use of the turnpike project.
838838 SECTION 3. This act shall become effective November 1, 2023.
839839
840840 59-1-6737 JBH 12/19/22