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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2263 By: Sterling
COMMITTEE SUBSTITUTE
An Act relating to the Oklahoma Turnpike Authority;
amending 69 O.S. 2021, Section 1703, which relates to
the creation of the Oklahoma Turnpike Authority;
modifying membership of the Authority ; modifying term
length; modifying actions regarding removal of
appointive members; requiring full membership to
perform duties; prohibiting members from
participating in certain votes; 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 cor porate 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 constitu ted an instrumentality of the state,
and the exercise by the Authority of t he powers conferred by this
act in the construction, operation, and maintenance of turnpike
projects shall be deemed and held to be an essential governmental
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function of the state w ith 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 construc tion 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 with t he consent of the two (2)
members to be appointed by the Governor, two (2) members to be
appointed by the Speaker of the Oklahoma House of Representatives ,
and two (2) members to be appointed by the President Pro Tempore of
the Oklahoma State Senate. The appointive members shall be
residents of the state, and shall have been qua lified 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, Canadia n, Cleveland, McClain and Garvin
Counties.
District 2. Washington, Nowa ta, Craig, Ottawa, Rogers, Mayes,
Delaware, Wagoner, Cherokee, Adair, Okmulgee, Osage, Muskogee,
Sequoyah, McIntosh and Haskell Counties.
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District 3. Coal, Logan, Payne, Lincoln, Cree k, Okfuskee,
Pottawatomie, Seminole, Hughes and Pontotoc Counties.
District 4. Kay, Pawnee, Garfield, Noble, Tulsa, Woods,
Woodward, Major, Alfalfa and Grant Counties.
District 5. Cimarron, Grady, Texas, Beaver, Harper, Elli s,
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 continue in office
for terms expiring as follows: District 1, July 1, 1968; District
2, July 1, 1971; District 3, July 1, 1972; District 4, July 1, 1973;
District 5, July 1, 1974; Distri ct 6, July 1, 1975. Provided, that
appointive The Governor shall appoint the members from Districts 1
and 2. The Speaker of the Oklahoma House of Representatives shall
appoint the members from Districts 3 and 4. The President P ro
Tempore of the Oklahoma State Senate shall appoint the members from
Districts 5 and 6. Appointive members serving on the Oklahoma
Turnpike Authority created by 69 O.S. 1961, Section 653, when this
act becomes on the effective date of this act shall continue to
serve as members of the Oklahoma Turnpike Authority created by this
section, for the remainder of the original terms for which they were
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appointed, unless sooner remove d by the Governor appointing
authority for their District. The successor of Thereafter, each
appointive member shall be appointed in the manner set forth by this
Section for a term of eight (8) six (6) years, except that any
person appointed to fill a vacancy shall be appointed to serve only
for the unexpired term, and a member of t he Authority shall be
eligible for reappointment. Each appointed me mber 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 memb er of the Authority m ay be removed
by the Governor at any time with or without cause by the appointing
authority.
C. The Authority shall elect one of the appointed members as
chairperson and another as vice -chairperson, and shall also elect a
Secretary and Treasurer. A majority of the members of the Authority
shall constitute a quorum and the vote of a majo rity of the members
shall be necessary for any action taken by the Authority. No A
vacancy in the membership of the Authority shall impair the right o f
a quorum to exercise al l the rights and perform all the duties of
the Authority.
D. Appointed members of the Authority shall be prohibited from
voting on any issue in which the member has a direct financial
interest.
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D. E. 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
a surety company authorized to transact business 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. F. The members of the Authority shall not be entitled to
compensation for their services, but each me mber shall 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 payable solely from funds provided
under the authority of this act and no liability or obligation shall
be incurred by the Authority hereunder beyond the extent to which
monies shall have been provided under the authority of this act.
F. G. 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.
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SECTION 2. This act shall become effective November 1, 2023.
59-1-7452 JBH 02/15/23