Oklahoma 2024 Regular Session

Oklahoma House Bill HB2728 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59th Legislature (2023)
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3232 HOUSE BILL 2728 By: Menz
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3838 AS INTRODUCED
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4040 An Act relating to the Oklahoma Turnpike Authority;
4141 amending 69 O.S. 2021, Section 1718, which relates to
4242 judicial determination of validit y of bonds;
4343 requiring certain notice; and providing an effective
4444 date.
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5252 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5353 SECTION 1. AMENDATORY 69 O.S. 2021, Section 1718, is
5454 amended to read as follows:
5555 Section 1718. Judicial determination of validity of bonds.
5656 The Authority is authorized in its discretion to file an
5757 application with the Supreme Court of Oklahoma for the approval of
5858 any bonds to be issued hereunder, and exclusive original
5959 jurisdiction is hereby conferred upon the Supreme Court to hear and
6060 determine each such application. It shall be the duty of the Court
6161 to give such applications precedence over the other business of the
6262 Court and to consider and pass upon the applications and any
6363 protests which may be filed thereto as speedily as possible. Notice
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9090 of the hearing on each application shall be given by a notice
9191 published in a newspaper of general circulation in the state , as
9292 well as by certified mail to any and all real property owners
9393 located within a one (1) mile radius of the specified pr oject, that
9494 on a day named the Authority will ask the Court to hear its
9595 application and approve the bonds. Such notice shall inform all
9696 persons interested that they may file protests against the issuance
9797 of the bonds and be present at the hearing and contest the legality
9898 thereof. Such notice shall be published one time not less than ten
9999 (10) days prior to the date named for the hearing and the hearing
100100 may be adjourned from time to time in the discretion of the Cou rt.
101101 If the Court shall be satisfied that the bonds have b een properly
102102 authorized in accordance with this article and that when issued,
103103 they will constitute valid obligations in accordance with their
104104 terms, the Court shall render its written opinion approv ing the
105105 bonds and shall fix the time within which a petiti on for rehearing
106106 may be filed. The decision of the Court shall be a judicial
107107 determination of the validity of the bonds, shall be conclusive as
108108 to the Authority, its officers and agents, and therea fter the bonds
109109 so approved and the revenues pledged to the ir payment shall be
110110 incontestable in any court in the State of O klahoma.
111111 SECTION 2. This act shall become effective November 1, 2023.
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113113 59-1-6854 JBH 01/02/23