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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3151 By: Humphrey
AS INTRODUCED
An Act relating to turnpikes; amending 69 O.S. 2021,
Section 1705, which relates to authority, powers and
duties of the Oklahoma Turnpi ke Authority; clarifying
legislative intent and certain powers of the Oklahoma
Turnpike Authority; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 69 O.S. 20 21, 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 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
impleaded; provided, that any and all a ctions at law or in equity
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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 privile ges 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, maintai n, repair and operate turnpike
projects and highways, with their access and connecting roads, at
such locations and on such routes as it shall determine are
determined to be feasible and economically sound; provided, that
until specifically authorized by t he Legislature, the Authority
shall be authorized to construct and operate toll turnpikes only at
the following locations and routes:
(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) Tu rnpike between Tulsa and
Joplin, Missouri.
(4) The Eastern (Indian Nation) Turnpike between Tulsa and
Paris, Texas, including all or any part thereof between McAlester
and the Red River so uth of Hugo.
(5) The Cimarron Turnpike between Tulsa and Interstate Highway
35 north of Perry, including a connection to Stillwater.
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(6) The Muskogee Turnpike between Broken Arrow and Interstate
Highway 40 west of Webbers Falls.
(7) All or any part of a n extension of the 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 Cr eek 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 automatic
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 direction, by way of the
vicinity of the City of Ada, to a co nnection in the vici nity 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 th e vicinity of Woodward.
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(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 intersects said state
boundary line, and extending in a sou theasterly 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 residential, industrial and State Ca pitol 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 Parkw ay) or any part or 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 wi th Shreveport, Louisiana, and Houston,
Texas, in southeastern Oklah oma 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 beginning in the
vicinity of Velma or County Line to a point intersecting with
Interstate 35 in the a rea 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) A tollgate on th e Will Rogers Turnpike 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 Tur npike 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 available t o 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 Oklahoma City 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 of Moore and Norman; and then
extending east and north 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 expressway
system beginning in the vicinity of the Turner Turnpike near Sapulp a
and extending south and east to U.S. 75 in th e 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 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 t hereof from the vicinity 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 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. 77 and the Kansas State Li ne.
(26) A full access interchange on the Indian Nation Turnpike
south of Interstate 40, in the vicinity of Henryetta, Oklahoma, and
in the vicinity of the proposed theme park, 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 point to the
farthest western reach o f 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. Bailey Turnpike in the vicinity of
the city of Tuttle; and then easterly across the Sou th 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 directio n to a point in the 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 vicini ty 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 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 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 Tuls a.
(34) An on- and off-ramp or any parts there of 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 49 th West Avenue,
past State Highway 64/412, turn ing northeasterly, c rossing 41st West
Avenue, and continuing eastward to the L.L. Tisdale Expressway in
Tulsa, Oklahoma.
It is hereby declared to be the intent of the Legislature that
the Oklahoma Legislature, through duly enacted legislation, and not
the Authority, shall have the sole discretion to authorize and
determine the location and overall route of a toll turnpike in the
State of Oklahoma. The language set forth in any toll turnpike
location or route authorization in this subsection, or elsewhere in
this act, is to be construed according to its plain meaning as
mandatory, and not discretionary, for the Authority. All
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directional and other limitations and descriptions contained in any
toll turnpike location or route authorization are hereby declared to
be mandatory limits on the Authority's turnpike project powers and
not discretionary guidelines for the Authority. The Authority shall
abide by the plain and ordinary language of such limits, and the
Authority shall not have the discretion or power to build turnpikes
in places, directions, or locations other than those expressly and
specifically authorized herein. Any rule of construction contained
in this act or elsewhere shall not be employed in varianc e or
conflict with the intent of the Legislature as expressed here in.
All access roads, interchanges, or lead roads connecting such
turnpikes with existing highways must be built by funds furnished by
the Authority.
The minimum and maximum wages for the co nstruction of the roads,
highways and projects provided for in Sec tions 1701 through 1734 of
this title shall be in accordance with the schedules of wages used
or adopted by the Commission in construction of state highways.
The Authority is hereby authoriz ed to enter into contracts or
agreements with agencies and instrum entalities 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 insta ll
automatic tollgates on the Will Rogers Turnpike at State Highwa y No.
28 near Adair.
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(f) To issue turnpike revenue bonds of the Authority, payable
solely from revenues, including the revenues accruing t o the trust
fund created by Sections 1701 through 1 734 of this title, for the
purpose of paying all or any part of th e 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 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 time t olls for the use of
any turnpike projects.
Any common carrier having authority at the time of opening any
turnpike project to operate upon a highway approximately paralleling
the turnpike project shall be granted without further showing
authority to operate over the turnpike project to all municipalities
which such carrier is serving at the time the turnpike project is
opened to traffic. But nothing herein shall be construed as
granting any new operation 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 conditions and in such manner as it may
deem proper, or by exercise of the right of condemnation in manner
hereinafter provided, such public or private lands, including public
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parks, playgrounds, or reservations, or parts thereof or rights
therein, rights-of-way, property, rights, easements, and interests,
as it may deem necessary for carrying out the provisions o f Sections
1701 through 1734 of this title; provided, that all pub lic property
damaged in carrying out the powers granted by Sections 1701 through
1734 of this title shall be restored or repaired and place d in its
original condition as nearly as practicabl e.
(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.
Provided further, this subsection is not to be construed as an
independent or additional source of authority for the Autho rity to
construct a toll turnpike at any location or route other t han those
expressly and specifically authorized by the Legislature in
paragraph (e) of this section.
(k) To make and enter into all contracts and agreements
necessary or incidenta l to the performance of its duties and the
execution of its powers, and to e mploy consulting engineers,
attorneys, accountants, construction and financial experts,
superintendents, managers, and such other employees and agents as
may be necessary in its ju dgment, and to fix their compensation;
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provided, that all such expenses shal l 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 re ceive 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 a ny and all things necessary
to comply with rules, regulations, or requiremen ts of the Bureau of
Public Roads, Multistate Economic Development Regional Commission,
as defined in Sections 1151 through 1153, inclusive, of Title 74 of
the Oklahoma Statutes, Oz arka Region Commission or any other federal
agency administering any law ena cted by the Congress of the United
States to aid or encourage the construction of highways.
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(n) To do all things necessary or convenient to carry out the
powers expressly granted in Sections 1701 through 1734 of this
title. The design standards for all p aving shall comply with the
design standards of the American Association of State Highway and
Transportation Officials as modified by the Oklahoma Department of
Transportation. All contracts for construction work on turnpike
projects shall be let to the l owest responsible bidder, or bidders,
after notice by publication in a newspaper published in the county
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 advertisement for
a surface-treatment-only project, such advertisement shall provide
for bids on sections of the turnpike not to exceed eight (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 twenty (20) miles,
as well as bids on the project as a whole. Subject to the following
restrictions and limitations, the Authority shall, when con tracting
for construction work, divide such work into paving projects, bridge
projects, including underpasses and overpasses, and earthmoving or
miscellaneous projects, according t o the type of work to be done.
Each project shall be let under a separate c ontract or contracts and
no contract or project shall include more than one of such types of
construction work. Each contract for construction work shall
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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 employee 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 punishable
by incarceration in the State Penitentiary 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 agrees i n such contract to
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pay, during the term of such contract, an amount sufficient, 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 agreeme nt for the turnpike covered
by the contract.
(q) All meetings of the Authority shall be open public
meetings, and all records shall be public records, except when
considering personnel or litigation.
SECTION 2. This act shall become effec tive November 1, 2024.
59-2-8897 JL 01/05/24