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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1939 By: Sterling
COMMITTEE SUBSTITUTE
An Act relating to the Oklahoma Turnpike Authority;
amending 69 O.S. 2021, Section 1705, which rela tes to
powers and duties of the Oklahoma Turnpike Authority;
modifying locations of construction and operation of
certain turnpikes; requiring submission of certain
report; requiring certain collaboration; requiring
certain authorizations terminate after f ive years
under certain conditions; removing certain
requirement for automatic tollgates; removing certain
bond requirement; requiring compensation for certain
damaged property; requiring Authority adopt certain
rules and adhere to existing laws; requiring the
holding of certain meetings; requiring certain
meeting compliance; detailing certain notice and
public engagement requirements; authorizing
additional public meetings if needed; amending 69
O.S. 2021, Section 1718, which relates to the
judicial determination of validity of bonds; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 69 O.S. 2021, Section 1705, is
amended to read as follows:
Section 1705. The Oklahoma Turnpike Authority is hereby
authorized and empowered:
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(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 pl aces 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 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 acce ss 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 Legislature, the Authority shall be authorized to
construct and operate toll turn pikes only at the following
locations:
(1) The Turner Turnpike between Oklahoma City and Tulsa.
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(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.
(4) The Eastern (Indian Nation) Turnpike between Tulsa
Henryetta and Paris, Texas, including all or any part thereof
between McAlester and the Red River south of Hugo.
(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 Muskogee Turnpike,
beginning at a point on Interstate Highway 40 n ear 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, 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.
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(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 (Chickasaw 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 to 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 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 River and west of
the point where Oklahoma State Highway No. 18 intersects 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 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.
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(13) A turnpike (The Industrial Parkway) 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 with Shreveport, Louisiana, 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 beginning in the
vicinity of Velma or County Line to a point intersecting with
Interstate 35 in the area south of D avis.
(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 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 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 available to the Authorit y.
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(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) (8) All or any part of an Oklahoma City Outer Loop
expressway system be ginning 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.
(21) (9) All or any part of the Tulsa south bypass expressway
system (Creek Turnpike) beginning in the vicinity of the 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 Tulsa -Wagoner County Line
near 131st street south in the city of Br oken Arrow.
(22) (10) A new turnpike (Creek 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) (11) A new turnpike (Cherokee Turnpike) or any parts
thereof from the vicinity of the connection between State Highway 33
and U.S. 69 easterly to the Arkansas State Line.
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(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 Line.
(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 industr ial
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 creating a southern route
through Oklahoma.
(28) (12) 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 v icinity of
the city of Tuttle; and 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
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northwesterly direction 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 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 an d shall
be maintained pursuant to Section 1701 et seq. of this title.
(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 Transpo rtation
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 96t h 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) (13) A new turnpike (Gilcrease Turnpike) or any parts
thereof beginning at Interst ate 44 at or near its intersection with
49th West Avenue, past State Highway 64/412, turning northeasterly,
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crossing 41st West Avenue, and continuing eastward to the L.L.
Tisdale Expressway in Tulsa, Oklahoma.
Prior to the completion of the design of a new route of an
authorized turnpike project, the Authority shall submit to the
Governor and the Legislature, the independent approval of the
Oklahoma Transportation Commission as set forth in Section 1701 of
this title. The Authority shall collaborate with e lected officials
of cities and counties where the new route will be located.
Legislative authorization for any new turnpike project location
enacted after November 1, 2025, shall terminate on the fifth
anniversary of its enactment unless the Authority has, in an open
and public meeting held in compliance with the Oklahoma Open Meeting
Act, approved a contract to commence project design.
All access roads, interchanges, or lead roads connecting such
turnpikes with existing highways must be built by funds furn ished 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 construction of state highways.
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 h ighways.
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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, including the revenu es accruing 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 proposed turnpike ref erred 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 t ime to time tolls 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.
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(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
parks, playgrounds, or reservations, or parts thereof or rights
therein, rights-of-way, property, rights, easements, and inter ests,
as it may deem necessary for carrying out the provisions of Sections
1701 through 1734 of this title; provided, that all public or
private property damaged in carrying out the powers granted by
Sections 1701 through 1734 of this title shall be restor ed or
repaired and placed in its original condition as nearly as
practicable, and the owner thereof shall be compensated in
accordance with Sections 1706, 1707, and 1708 of this title .
(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 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,
attorneys, accountant s, construction and financial experts,
superintendents, managers, and such other employees and agents as
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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 feder al 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 Econ omic Development Regional Commission,
as defined in Sections 1151 through 1153, inclusive, of Title 74 of
the Oklahoma Statutes, Ozarka Region Commission or any other federal
agency administering any law enacted 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 paving shall comply with the
design standards of t he 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 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 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 sh all 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 contracting
for construction work, divide such work into paving projects, bridge
projects, including underpasses and overpasses, and earthmoving or
miscellaneous projects, according to the type of work to be done.
Each project shall be let under a separate contract or contracts and
no contract or project s hall 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) To adopt such rules, and to do any and all things necessary
to comply with all applicable federal and state laws and permits,
related to the design, construction, maintenance, and operation of
turnpike projects authorized herein.
(p) 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 per son, 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 mor e than Five Thousand Dollars ($5,000.00), or
both such imprisonment and fine.
(p) (q) In the event of a national emergency, the Authority,
subject to any vested rights or claims, may enter into contracts
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with the federal government or any authorized agenc y 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 in such contract to
pay, during the term of such contract, an amoun t 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 agreement for the turnpike covered
by the contract.
(q) (r) All meetings of the Authority shall be open public
meetings, and all records shall be public records, except when
considering personnel or litigation.
(s) The Authority's approval of any contract to undertake the
design of a new route of an authorized turnpike projec t shall take
place in an open and public meeting held in compliance with the
Oklahoma Open Meeting Act. Thereafter, the Authority shall comply
with the following notice and public engagement requirements:
(1) Within ninety (90) days, submit a report to t he Governor,
the Legislature and to the elected officials of cities and counties
where any new route will be located, inclusive of conceptual project
maps and preliminary project details, and publish the report on the
Authority's official website.
(2) Within one hundred twenty (120) days, schedule and hold a
formal public meeting to provide a description of the new route,
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preliminary project details including approximate location, scope of
work, and design elements.
(i) Notice of the public meeting shall be given electronically
by posting on the Authority 's official website and by publication in
a newspaper of general circulation and published in the county where
the new route, or the major part of it, is to be located, such
notice by publication to be pub lished in two consecutive weekly
issues of the newspaper, with the first publication thereof to be at
least thirty (30) days prior to the public meeting date. In
addition, the Authority shall use its best efforts to provide notice
to all known property ow ners within one (1) mile on each side of the
new route, considering the number and types of property interests of
such owners, by methods including , but not limited to, first class
mail and targeted advertisements which shall include the utilization
of certified mail to give notice to affected property owners .
(ii) The public meeting shall be held at a location convenient
and as near to the new route as practicable.
(iii) At the public meeting, any person may submit oral or
written statements and data abo ut the new route. Reasonable limits
may be set upon the time allowed for oral statements.
(iv) The Authority shall collect public comment through an
online portal with links to the portal shared at the public meeting
and on the Authority 's official website.
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3. Within thirty (30) days of the public meeting, the Authority
shall provide a report to the Governor and Legislature summarizing
the oral and written statements and data received, including any
reports of economic impacts, support or opposition to a route made
by cities and counties where any new route will be located.
If the location of a new route changes based on the results of
the public meeting and engagement requirements set forth in this
paragraph, the Authority shall report such changes to the Governor,
the Legislature and to the elected officials of cities and counties
where the new route will be located. Additional public meetings,
conducted in accordance with this paragraph, may be scheduled at the
Authority's discretion.
SECTION 2. AMENDATORY 69 O.S. 2021, Section 1718, is
amended to read as follows:
Section 1718. The Oklahoma Turnpike Authority is authorized in
its discretion to file an application with the Supreme Court of
Oklahoma for the approval of any bonds to be issued hereunder, and
exclusive original jurisdiction is hereby conferred upon the Supreme
Court to hear and determine each such application. It shall be the
duty of the Court to give such applications precedence over the
other business of the Court and to consider and pass upon the
applications and any protests which may be filed thereto as speedily
as possible. Notice of the hearing on each application shall be
given by a notice published in a newspaper of general circulation in
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the state that on a day named the Authority will ask the Court to
hear its application and approve the bonds. Such notice shall
inform all persons interested that they may file protests against
the issuance of the bonds and be present at the hearing and contest
the legality thereof. Such notice shall be published one time not
less than ten (10) days prior to the date named for the hearing and
the hearing may be adjourned from time to time in the discretion of
the Court. If the Court shall be satisfied that the bonds have been
properly authorized in accordance with this article and that when
issued, they will constitute valid obligations in accordance with
their terms, the Court shall render its written opinion approving
the bonds and shall fix the time within which a petit ion for
rehearing may be filed. The decision of the Court shall be a
judicial determination of the validity of the bonds, shall be
conclusive as to the Authority, its officers and agents, and
thereafter the bonds so approved and the revenues pledged to th eir
payment shall be incontestable in any court in the State of
Oklahoma.
SECTION 3. This act shall become effective November 1, 2025.
60-1-13275 AO 03/06/25