Req. No. 6737 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2125 By: Swope
AS INTRODUCED
An Act relating to turnpikes; amending 69 O.S. 2021,
Sections 1705 and 1711, which relate to the Oklahoma
Turnpike Authority powers and duties and tolls;
requiring legislative approval for Oklahoma Turnpike
Authority to modify turnpike tolls; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 6 9 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 and alter the same at plea sure.
(c) To maintain an office at such place or places within the
state as it may designate.
Req. No. 6737 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(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 a ll actions 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 of
action arose. All pri vileges 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 ope rate turnpike
projects and highways, with their access and connecting roads, at
such locations and on such routes as it shall determine to be
feasible and economically sound; provided, that until specifically
authorized by the Leg islature, the Authority sh all 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.
Req. No. 6737 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(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 bet ween 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 th e 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 Line 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, Oklah oma, 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 Hi ghway 28 and a southbound 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
Req. No. 6737 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 Woo dward.
(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 intersect s 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 reside ntial, industrial and Stat e 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 o r 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, Lo uisiana, and Houston,
Texas, in southeastern Oklahoma and at no point to exceed thirty
(30) miles west of the Missouri or Arkansas border.
Req. No. 6737 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(14) A turnpike or any part or parts thereof beginning in the
vicinity of Velma or County Line to a point intersecti ng 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 Tur npike 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 availab le 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 Oklah oma City Outer Loop expres sway
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
Req. No. 6737 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 i n 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 Ar row.
(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 v icinity 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 pa rt or parts thereof beginn ing 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 Stat e Line.
(26) A full access interchange on the Indian Nation Turnpike
south of Interstate 40, in the vicinity of Henryetta, Oklahoma, and
Req. No. 6737 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
in the vicinity of the proposed theme park, museum or an industrial
facility which qualifies for 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 crea ting 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; an d 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 t he 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
the vicinity of Fletcher, Oklahoma, shall not be removed and shall
be maintained pursuant to Section 1701 et seq. of t his title.
Req. No. 6737 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(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 bridg e 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 bu ilt 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
this title shall be in accordance with the schedules of wages used
or adopted by the Commission in construct ion of state highways.
Req. No. 6737 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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, inc luding the revenues accrui ng 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 prop osed 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.
(g) To fix and revise from time to ti me tolls for the use of
any turnpike projects, with legislative approval .
Any common carrier having authority at the time of opening any
turnpike project to operate upon a highway approximately paralleling
the turnpike project sha ll be granted without furt her showing
authority to operate over the turnpike project to all municipalities
which such carrier is serving at the time the turnpike project is
Req. No. 6737 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
opened to traffic. But nothing herein shall be construed as
granting any new opera tion rights to any common 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 co nditions and in such manne r 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, ea sements, and interest s,
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 shall 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 as may be necessary or
desirable in the judgment of the Authority to insure ensure 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,
Req. No. 6737 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
attorneys, accountants, construction and financial experts,
superintendents, managers, a nd 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.
(l) To receive and accept from 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, and 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 t hrough 1153, inclusive, of Title 74 of
the Oklahoma Statutes, Ozarka Region Commission or any other federal
Req. No. 6737 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 ne cessary or convenient to carry 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 Officia ls as modified by the Oklahoma 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
where the work is to be done in two (2) consecutive 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 provid e
for bids on sections of the turnpike not to exceed e ight (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 twe nty (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 an d overpasses, and earthmoving or
miscellaneous project s, according to the type of work to be done.
Each project shall be let under a separate contract or contracts and
Req. No. 6737 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 any member, officer or em ployee 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
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 constitute a felony pun ishable
by incarceration imprisonment in the State Penitentiary custody of
the Oklahoma 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 b oth 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
Req. No. 6737 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
allow the federal government or agenc y 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 c ontract, an amount suffici ent, 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 Autho rity shall be open public
meetings, and all records shall be public records, except when
considering personnel or litigation.
SECTION 2. AMENDATORY 69 O.S. 2021, Section 1711, is
amended to read as follow s:
Section 1711. The Authority, with the approval of the
Legislature and subject to the provisions hereof, is hereby
authorized to fix, revise, charge and collect tolls for the use of
each turnpike project and the different parts or sections thereof,
except for use by law enforcem ent officers responsible for enforcing
the traffic laws and the general laws of the state a nd federal
governments on turnpikes , who shall be entitled to free use of every
such project in the performance of official duties connecte d with
such turnpike project, and to contract with any person, partn ership,
association or corporation desiring the u se of any part thereof,
including the right-of-way adjoining the paved portion, for pla cing
Req. No. 6737 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
thereon telephone, telegraph, electric light or power lines, gas
stations, garages, stores, hotels, restaurants and advertising
signs, or for any other purpose exce pt for tracks for railroad or
railway use, and to fix the terms, conditions, rents and rates of
charges for such use. Such tolls, subject to the other restrictions
hereof, shall be so fixed and adjusted in respect of the aggregate
of tolls from the turnpi ke project or projects in connectio n with
which the bonds of any issue shall have been issued as to provide a
fund sufficient with other re venues, if any, to pay (a) the cost of
maintaining, repairing, and o perating such turnpike project or
projects, and (b) the principal of and the interes t of such bonds as
the same shall become due and pay able, and to create reserves for
such purposes. The tolls and all other reven ues derived from the
turnpike project or p rojects in connection with which the bonds of
any issue shall have been issued, excep t such part thereof as may be
necessary to pay such cost of maintenance, repair, and operation and
to provide such reserves there for as may be provided for in the
resolution authorizing the issuance of such bonds or in t he trust
agreement securing the same shall be set aside at such regular
intervals as may be provided in such resolution or such trust
agreement in a sinking fund whi ch is hereby pledged to, and charged
with, the payment of (a) the interest upon such bonds as such
interest shall fall due, (b) the principal of such bonds as the same
shall fall due, (c) the necessary charges of paying agents for
Req. No. 6737 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
paying principal and inte rest, and (d) the redemption price or the
purchase price of bonds retired by call or purcha se as therein
provided, which are a charge against such fund. The use and
disposition of monies to the credit of such sinking fund shall b e
subject to the provision s of the resolution authorizing the issuan ce
of such bonds or of such trust agreement. Except as may otherwise
be provided in such resolution or such trust agreement, such sinking
fund shall be a fund for all such bonds without d istinction or
priority of one over another. The monies in the sinki ng fund, less
such reserve as may be provided in such resolution or trust
agreement, if not used within a reasonable time for the purchase of
bonds for cancellation as above herein provided, shall be applied to
the redemption of bonds at the redemption price the n applicable.
Any person who leases, rents, or ac quires control of any gas
station, garage, store, hotel, or restaurant must have been a
resident of, or been doing business in, Okla homa for the past five
(5) years. Notwithstanding anything else herein co ntained to the
contrary, the Oklahoma Corporation Commissio n of the State of
Oklahoma shall exercise the jurisdiction now or hereafter vested in
it to regulate and control the operat ion of motor carriers of
passengers and freight, using or desiring to use any turnpike
project, in the manner and to the extent that it regulates or
controls such carriers using the highways of the state. The
Authority shall not discriminate against any g roup or class or
Req. No. 6737 Page 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
individual member thereof in fixing the amount of toll, rents, or
charge for the use of the turnpike project.
SECTION 3. This act shall become effective November 1, 2023.
59-1-6737 JBH 12/19/22