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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2262 By: Sterling
AS INTRODUCED
An Act relating to turnpikes; amending 69 O.S. 2021,
Section 1705, which relates to authority, powers, and
duties of the Oklahoma Turnpike Authority; modifying
certain powers and duties of the Oklahoma Turn pike
Authority; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 69 O.S. 2021, Sectio n 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 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
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impleaded; provided, that an y and all 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 privileges 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 operate turnpike
projects and highways, with their access and connecting roads, at
such locations and on such routes as it shall determine determined
to be feasible and economically sound by studies conducted as
specified in Section s 1701 through 1734 of this title; provided,
that until specifically authorized by the Legislature , 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 O klahoma
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 an y part thereof between McAlester
and the Red River south of Hugo.
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(5) The Cimarron Turnpike 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 extension of the Mus kogee 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 ne ar 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 inter section of State
Highway 33 and Turner Turn pike 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 autom atic
tollgate onto State Highway 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
Davis, and extending in a northeasterly dire ction, 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
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and Interstate 40; and a turnpike or any part or parts ther eof from
the vicinity of Snyder extending n orth 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 Riv er and west of
the point where Oklahoma Sta te Highway No. 18 intersects sai d 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 s ystem
connecting the residential , industrial and 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 Indust rial Parkway) or any part or par ts
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, Louisia na, 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 b eginning in the
vicinity of Velma or County Line to a point intersecting wi th
Interstate 35 in the area south of Davis.
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(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) (10) A tollgate on the Will Rogers Turnpike near the
intersection of State Highway 137 and the Will Rogers Turnpike,
located south of Quapaw.
(17) (11) A tollgate on the Muskogee Turnpike in the vicinity
of Porter, Oklahoma, a tollgate on the Will Rogers Turnpi ke in the
vicinity of Adair, Oklahoma, a t ollgate 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) (12) A tollgate on the Turner Tur npike in the vicinity of
Wellston, Oklahoma, fr om any monies available to the Authority.
(19) (13) A tollgate on the Muskogee Turnpike in the vicinity
of Brushy Mountain, Oklahoma, and in the vicinity of Elm Grov e,
Oklahoma, from any monies available to t he Authority.
(20) All or any part of an Oklahoma C ity 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 o f Moore and Norman; and then
extending east and nort h to I-40 east of Tinker Field; and then
extending north to the Turner Turnpike to complete the Outer Loop.
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(21) All or any part of the Tulsa south bypass expre ssway
system beginning in the vicinity of t he 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 T ulsa-Wagoner County Line near 131st street
south in the city of Broken Arrow.
(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 vicini ty of
the connection between State Highway 33 and U.S. 69 easterly to the
Arkansas State Line.
(24) (14) 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 Highway No. 7 7 and the Kansas State Line.
(26) A full access interchange on the Indian Nation Turnpike
south of Interstate 40, in the vicinity of Henryetta, Oklahoma, a nd
in the vicinity of the proposed theme pa rk, museum or an industrial
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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 po int to the
farthest western reach of Highway 70 creating 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. Baile y Turnpike in the vicinity of
the city of Tuttle; and the n 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 ex tending in a
northwesterly direction to a point in the vi cinity 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) (15) 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 the reof in
the vicinity of Fletcher, Oklahoma, shall not be removed and shall
be maintained pursuant to Sect ion 1701 et seq. of this title.
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(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 sha ll be self-sufficient at some point
over a thirty-year time period from the toll charges associated with
the bridge project.
(33) (16) An exit ramp or any parts thereof from the eastbound
lane of the Turner Turnpike at 96th Street in Tulsa.
(34) (17) 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 lea d roads connecting such
turnpikes with existing highways must be built b y funds furnished by
the Authority.
The minimum and maximum wages for the construction of the roads,
highways and projects provided for in Se ctions 1701 through 1734 of
this title shall be in accordance with the schedules of w ages used
or adopted by the Co mmission in construction of state highways.
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The Authority is hereby authorized to enter into contracts or
agreements with agencies and instru mentalities 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 Highw ay No.
28 near Adair.
Legislative authorization for the construction of any turnpike
project authorized prior to November 1, 2023 , shall expire unless
the Authority has commenced actual physical construction of such
turnpike project in earnest within five (5) years of November 1,
2023. Legislative authorization for the construction of any
turnpike project authorized on or after November 1, 2023 , shall
expire unless the Authority has commenced actual physical
construction of such turnpike project in earnest within five (5)
years after the effective date of such authorization. In any case
where the Authority has commenced construction prior to the
expiration of the authorization , construction shall diligently
continue in due and regular course to the completion of the turnpike
project. Nothing in this paragraph shall be deemed to preclude or
prohibit the Legislature from reauthorizing an expired turnpike
project authorization.
(f) To issue turnpike revenue bonds of the Authority, payable
solely from revenues, including the revenues accruing t o 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 referred to in s ubparagraphs
(10), (20), (21) and (22) of paragraph (e) of this section shall be
issued as one issue for a ll 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 t olls for the use of
any turnpike projects.
Any common carrier having authorit y 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 servi ng at the time the turnpike p roject 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 dutie s.
(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 pu blic or private lands, includ ing public
parks, playgrounds, or reservations, or parts thereof or rights
therein, rights-of-way, property, rights, easements, and interests,
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as it may deem necessary for carrying out the provisions of Sections
1701 through 1734 of this title; provided, t hat 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 place d in its
original condition as nearly as practicable.
(j) To designate, exce pt 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 ensure the
proper operation and maintenance of such project, and to prohibi t
entrance to such project from any point or points not so designated.
(k) To make and enter into all con tracts and agreements
necessary or incident al to the performance of its duties and the
execution of its powers, and to em ploy consulting engineers,
attorneys, accountants, construction and financial experts,
superintendents, managers, and such other employ ees and agents as
may be necessary in its j udgment, 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 a ttorney may be connected, sha ll ever be
paid any fee or compensation for any special or extraordinary
services.
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(l) To receive and acc ept 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 r eceive 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 requirement s of the Bureau of
Public Roads, Multistate Economic Development Regional Commission,
as defined in Sections 1151 through 1153, inclusi ve, of Title 74 of
the Oklahoma Statutes, O zarka Region Commission or any other federal
agency administering any law enac ted by the Congress of the Un ited
States to aid or encourage the construction of highways.
(n) To do all things necessary or convenien t to carry out the
powers expressly granted in Sections 1701 through 1734 of this
title. The design standards for all pa ving shall comply with the
design standards of the American Association of State Highway and
Transportation Officials as modified by th e Oklahoma Department of
Transportation. All contracts for construction work on turnpike
projects shall be let to the lo west responsible bidder, or b idders,
after notice by publication in a newspaper published in the county
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where the work is to be done in two 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 a dvertisement for
a surface-treatment-only project, such advertisement shall provide
for bids on sections o f the turnpike not to exceed eight (8) mile s.
If the project advertised is a surface -treatment-only project of
more than twenty (20) miles of road, t he 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 cont racting
for construction work , divide such work into paving projects, bridge
projects, including underpasses and overpasses, and earthm oving or
miscellaneous projects, according to the type of work to be done.
Each project shall be let under a separate co ntract or contracts and
no contract or project shall include more than one of such types of
construction work. Each contract for const ruction work shall
contain a provision that ninety percent (90%) of all labor employed
on the project shall be residents of Oklahoma. However, contra cts
for bridges may include earthwork and structures for the approaches
thereto.
(o) It shall be unlawful for any member, officer or employee of
the Authority to transact with the Authority, either directly or
indirectly, any business for profit of such m ember, officer, or
employee; and any person, firm, or corporation knowingly
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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 punishable
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 ($5,000.00), or both 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
allow the federal government or agency thereof to use such turnpikes
partly or exclusively during the existence of such emergency,
provided, that the federal government ag rees in such contract to
pay, during the term of such contract, an amount sufficient, when
added to any tolls collected, to meet all operating a nd maintenance
expenses, interest payments , and the minimum sinking fund and
reserve requirements of the trust a greement for the turnpike cov ered
by the contract.
(q) All meetings of the Authority shall be open p ublic
meetings, and all records shall be pu blic records, except when
considering personnel or litigation.
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SECTION 2. This act shall become effective November 1, 2023.
59-1-5696 JBH 01/17/23