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SENATE FLOOR VERSION
February 10, 2025
AS AMENDED
SENATE BILL NO. 80 By: Standridge and Bergstrom
[ Oklahoma Turnpike Authority - new turnpike or
turnpike modification - notice – compliance - relief
- court costs and attorney fees - promulgation of
rules - codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1708.1 of Title 69, unless there
is created a duplication in numbering, reads as follows:
A. Prior to the proposal of any new turnpike or modification to
an existing turnpike, the Oklahoma Turnpike Authority shall:
1. Give notice to all affected property owners pursuant to
Section 2004 of Title 12 of the Oklahoma Statutes;
2. For at least thirty (30) days after publication and notice
of the intended turnpike action, afford a comment period for all
interested persons to submit data, views , or arguments in writing.
The Authority shall consider full y all written submissions re garding
the proposed turnpike;
3. Within thirty (30) days of the close of the public comment
period, schedule a hearing on any proposed turnpike or modification
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of an existing turnpike. At such hearing, persons may present ora l
argument, data, and views on the pro posed turnpike to the Authority ;
4. Consider the effect its intended action may have on the
various types of property owners, businesses, and governmental
entities. Except where such modification or variance is prohi bited
by statutory or constitutional constraints, if the Authority finds
that its actions may adversely affect any such entity, the Authority
may modify its proposal. For business entities, the Authority shall
include a description of the probable quantit ative and qualitative
impact of the proposed turnpike, economic or otherwise, and use
quantifiable data to the extent possible, considering both short-
term and long-term consequences;
5. Consider the effect its intended action may have on the
various types of consumer groups. If the Authority finds that its
actions may adversely affect such groups, the Authority may modify
its proposal to exclude the activity that may potentially cause such
adverse effects; and
6. When the Authority provides notice pursu ant to paragraph 1
of this subsection, provide one electronic copy of the complete map
of the proposed turnpike to the Governor, the President Pro Tempore
of the Senate, and the Speaker of the House of Representatives.
B. The notice required by paragraph 1 of subsection A of this
section shall include, but not be limited to:
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1. In simple language, a brief summary of the turnpike and a
map of the turnpike;
2. The proposed action being taken;
3. The circumstances which created the need for the turnpike;
4. The specific legal authority, inclu ding statutory citations,
authorizing the proposed turnpike;
5. The intended effect of the turnpike;
6. If the Authority determines that the turnpike affects
business entities, a request that such entities provide th e
Authority, within the comment period, in dollar amounts if possible,
the increase in direct costs such as fees, and indirect costs such
as reporting, recordkeeping, equipment, construction, labor,
professional services, revenue loss, or other costs expec ted to be
incurred by a particular ent ity due to compliance with the proposed
turnpike;
7. The time when, the place where, and the manner in which
interested persons may present their views on any proposed action
pursuant to paragraph 3 of subsection A of this section; and
8. Where copies of the proposed turnpike may be obtained for
review by the public. The Authority may charge persons for the
actual cost of mailing a copy of the proposed turnpike to such
persons.
C. All action taken by the Authority shall be in substantial
compliance with the requirements of this section. Any violation of
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the provisions of this section shall render the action taken null
and void. Any affected person or entity shall have standing to
bring a civil action for declarative or injunctive relief, or both,
for any violation of this section. If such action is successful,
the affected person or entity shall be entitled to court costs and
reasonable attorney fees. If the Authority successfully defends a
civil action and the court finds that the action was frivolous, the
Authority shall be entitled to reasonable attorney fees.
D. The Authority shall promulgate rules to implement the
provisions of this section.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON AERONAUTICS AND TRANSPORTATION
February 10, 2025 - DO PASS AS AMENDED