| 39 | | - | [ Oklahoma Turnpike Authority - new turnpike or |
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| 40 | | - | turnpike modification - notice – compliance - relief |
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| 41 | | - | - court costs and attorney fees - promulgation of |
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| 42 | | - | rules - codification - effective date ] |
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| 63 | + | AS INTRODUCED |
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| 64 | + | |
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| 65 | + | An Act relating to the Oklahoma Turnpike Authority; |
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| 66 | + | requiring Authority to take certain actions prior to |
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| 67 | + | proposals for new turnpike or turnpike modification; |
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| 68 | + | requiring certain notice; requiring inclusion of |
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| 69 | + | certain information in required notice; requiring |
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| 70 | + | substantial compliance with provisions; providing |
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| 71 | + | standing for affected persons or entities to file |
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| 72 | + | action for certain relief; author izing award of court |
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| 73 | + | costs and attorney fees under certain circumstances; |
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| 74 | + | requiring promulgation of rules; providing for |
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| 75 | + | codification; and providing an effective date . |
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| 76 | + | |
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| 43 | 77 | | |
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| 44 | 78 | | |
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| 45 | 79 | | |
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| 46 | 80 | | |
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| 47 | 81 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 48 | 82 | | SECTION 1. NEW LAW A new section of law to be codified |
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| 49 | 83 | | in the Oklahoma Statutes as Section 1708.1 of Title 69, unless there |
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| 50 | 84 | | is created a duplication in numbering, reads as follows: |
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| 51 | 85 | | A. Prior to the proposal of any new turnpike or modification to |
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| 52 | 86 | | an existing turnpike, the Oklahoma Turnpike Authority shall: |
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| 53 | 87 | | 1. Give notice to all affected property owners pursuant to |
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| 54 | 88 | | Section 2004 of Title 12 of the Oklahoma Statutes; |
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| 55 | 89 | | 2. For at least thirty (30) days after publication and notice |
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| 56 | 90 | | of the intended turnpike act ion, afford a comment period for all |
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| 89 | 147 | | of an existing turnpike. At such hearing, persons may present oral |
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| 90 | 148 | | argument, data, and views on the proposed turnpike to the Authority ; |
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| 91 | 149 | | 4. Consider the effect its intended action may have on the |
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| 92 | 150 | | various types of property owners, businesses, and governmental |
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| 93 | 151 | | entities. Except where such modification or variance is prohibited |
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| 94 | 152 | | by statutory or constitutional constraints, if the Authority finds |
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| 95 | 153 | | that its actions may adversely affect any suc h entity, the Authority |
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| 96 | 154 | | may modify its proposal. For business entities, the Authority shall |
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| 97 | 155 | | include a description of the probable quantitative and qualitative |
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| 98 | 156 | | impact of the proposed turnpike, economic or otherwise, and use |
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| 99 | 157 | | quantifiable data to the extent possible, considering both short- |
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| 100 | 158 | | term and long-term consequences; |
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| 101 | 159 | | 5. Consider the effect its intended action may have on the |
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| 102 | 160 | | various types of consumer groups. If the Authority finds that its |
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| 103 | 161 | | actions may adversely affect such groups, the Authority may mod ify |
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| 104 | 162 | | its proposal to exclude the activity that may potentially cause such |
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| 105 | 163 | | adverse effects; and |
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| 106 | 164 | | 6. When the Authority provides notice pursuant to paragraph 1 |
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| 107 | 165 | | of this subsection, provide one electronic copy of the complete map |
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| 139 | 221 | | 1. In simple language, a brief summary of the turnpike and a |
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| 140 | 222 | | map of the turnpike; |
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| 141 | 223 | | 2. The proposed action being taken; |
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| 142 | 224 | | 3. The circumstances which created the need for the turnpike; |
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| 143 | 225 | | 4. The specific legal authority, including statutory citations, |
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| 144 | 226 | | authorizing the proposed turnpike; |
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| 145 | 227 | | 5. The intended effect of the turnpike; |
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| 146 | 228 | | 6. If the Authority determines that the turnpike affects |
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| 147 | 229 | | business entities, a request that such entities provide the |
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| 148 | 230 | | Authority, within the comment period, in dollar amounts if possible, |
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| 149 | 231 | | the increase in direct costs such as fees, and indirect costs such |
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| 150 | 232 | | as reporting, recordkeeping, equipment, construction, lab or, |
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| 151 | 233 | | professional services, revenue loss, or other costs expected to be |
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| 152 | 234 | | incurred by a particular entity due to compliance with the proposed |
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| 153 | 235 | | turnpike; |
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| 154 | 236 | | 7. The time when, the place w here, and the manner in which |
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| 155 | 237 | | interested persons may present their views on any proposed action |
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| 156 | 238 | | pursuant to paragraph 3 of subsection A of this section; and |
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| 157 | 239 | | 8. Where copies of the proposed turnpike may be obtained for |
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| 158 | 240 | | review by the public. The Authority may charge persons for the |
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| 190 | 296 | | the provisions of this sect ion shall render the action taken null |
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| 191 | 297 | | and void. Any affected person or entity shall have standing to |
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| 192 | 298 | | bring a civil action for declarative or injunctive relief, or both, |
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| 193 | 299 | | for any violation of this section. If such action is successful, |
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| 194 | 300 | | the affected person or entity shall be entitled to court costs and |
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| 195 | 301 | | reasonable attorney fees. If the Authority successfully defends a |
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| 196 | 302 | | civil action and the court finds that the action was frivolous, the |
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| 197 | 303 | | Authority shall be entitled to reasonable attorney fees. |
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| 198 | 304 | | D. The Authority shall promulgate rules to implement the |
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| 199 | 305 | | provisions of this section. |
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| 200 | 306 | | SECTION 2. This act shall become effective November 1, 2025. |
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