US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 69.

ROADS, BRIDGES AND FERRIES

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§69101.  Declaration of legislative intent.

(a) Recognizing that safe and efficient highway transportation is a matter of important interest to all the people in the state, the Legislature hereby determines and declares that an integrated system of roads and highways is essential to the general welfare of the State of Oklahoma.

(b) The provision of such a system of facilities, and its efficient management, operation and control, are recognized as urgent problems, and as the proper objectives of highway legislation.

(c) Inadequate roads and streets obstruct the free flow of traffic; result in undue cost of motor vehicle operation; endanger the health and safety of the citizens of the state; depreciate property values; and impede generally economic and social progress of the state.

(d) In designating the highway systems of this state, as hereinafter provided, the Legislature places a high degree of trust in the hands of those officials whose duty it shall be, within the limits of available funds, to plan, develop, operate, maintain and protect the highway facilities of this state, for present as well as for future use.

(e) To this end, it is the intent of the Legislature to make the State Highway Commission and its Director, and the Department of Highways of the State of Oklahoma acting through the Commission, custodian of the State Highway System and to provide sufficiently broad authority to enable the Commission and the Department to function adequately and efficiently in all areas of appropriate jurisdiction, subject to the limitations of the Constitution and the legislative mandate hereinafter imposed.

(f) The Legislature intends to declare, in general terms, the powers and duties of the Commission and its Director, leaving specific details to be determined by reasonable rules, regulations and policies which may be promulgated by the Commission.  In short, the Legislature intends by a general grant of authority to the Commission to delegate sufficient power and authority to enable the Commission and the Department to carry out the broad objectives stated above.

(g) It is the further intent of the Legislature to bestow upon the boards of county commissioners similar authority with respect to the county highway system.  The efficient management, operation and control of our county roads and other public thoroughfares are likewise a matter of vital public interest.  The problem of establishing and maintaining adequate roads and highways, eliminating congestion, reducing accident frequency, providing parking facilities and taking all necessary steps to ensure safe and convenient transportation on these public ways is no less urgent.

(h) While it is necessary to fix responsibilities for the location, design, construction, maintenance and operation of the several systems of highways, it is intended that the State of Oklahoma shall have an integrated system of all roads, highways and streets to provide safe and efficient highway transportation throughout the state.  The authority hereinafter granted to the Commission and to counties and municipalities to assist and cooperate with each other and to coordinate their activities is therefore essential.

(i) The Legislature hereby determines and declares that this Code is necessary for the preservation of the public peace, health and safety, for promotion of the general welfare, and as a contribution to the national defense.  Laws 1968, c. 415, Sec. 101. Opr. July 1, 1968.

Laws 1968, c. 415, § 101, operative July 1, 1968.  

§69-113a.  Successful bidders - Return of executed contract.

A.  A successful bidder awarded a contract by the Department of Transportation shall return to the Department a fully executed written contract within ten (10) working days from the date the contract is awarded.  The Department shall, within fourteen (14) working days from the date the contract is received, complete its execution of the contract and return a copy of the executed contract to the successful bidder.

B.  A successful bidder awarded a contract by the Oklahoma Transportation Authority shall return to the Authority a fully executed written contract within ten (10) working days from the date the contract is awarded.  The Authority shall, within fourteen (14) working days from the date the contract is received, complete its execution of the contract and return an executed copy to the successful bidder.

Added by Laws 2000, c. 69, § 1, eff. Nov. 1, 2000.

§69201.  Definitions of words and phrases.

When following words and phrases when used in this Code shall, for the purpose of this Code, have the meanings respectively ascribed to them in this article, except when the context otherwise requires. Laws 1968 C. 415, Sec. 201.

§69202.  Abandonment.

The cessation of use of rightofway or activity thereon with no intention to reclaim or use again for highway purposes.  Laws 1968 C. 415, Sec. 202.

§69203.  Acquisition or taking.

The process of obtaining rightsofway. Laws 1968 C. 415, Sec. 203.

§69204.  Arterial highway.

An arterial highway is a street or highway especially designed for through traffic, entrance into which at intersections may be limited by requiring all entering vehicles to be brought to a complete stop, and the governing body having jurisdiction thereover may otherwise protect the rightofway of vehicles thereon.  Laws 1968 C.  415, Sec. 204.

§69205.  Authority.

The Oklahoma Turnpike Authority. Laws 1968 C. 415, Sec. 205.

§69206.  Auxiliary service highway.

A street or highway especially designed to furnish access to a limited access highway or to an arterial highway.  Laws 1968 C. 415, Sec. 206.

§69207.  Board.

The board of county commissioners of a county.  Laws 1968 C.  415, Sec. 207.

§69208.  Bureau of Public Roads.

The Bureau of Public Roads of the U. S. Department of Transportation, or its successor.  Laws 1968, c. 415, Sec. 208.

§69209.  Commission.

The State Highway Commission of the State of Oklahoma.  Laws 1968, c. 415, Sec. 209.

§69210.  Control of access (full).

Full control of access means that the authority to control access is exercised to give preference to through traffic by providing access connections with selected frontage or local roads only and by prohibiting crossings at grade or direct private driveway connections.  Laws 1968, c. 415, Sec. 210.

§69211.  Control of access (partial).

Partial control of access means that the authority to control access is exercised to give preference to through traffic to a degree that, in addition to access connections with selected frontage or local roads, there may be some crossings at grade and some private driveway connections. Laws 1968 C. 415, Sec. 211.

§69212.  Construction or reconstruction of highways.

The construction of new highways; the enlargement, reconstruction or relocation of existing highways; the acquisition of necessary rightsofway therefor and all work incidental thereto.  Laws 1968 C. 415, Sec. 212.

§69213.  County highway system.

The system of highways the responsibility for which is lodged with the counties. Laws 1968 C. 415, Sec. 213.

§69214.  Department.

The Department of Highways of the State of Oklahoma.  Laws 1968 C. 415, Sec. 214.

§69215.  Director.

The State Highway Director. Laws 1968 C. 415, Sec. 215.

§69216.  Divided highway.

A highway with separated roadways for traffic moving in opposite directions. Laws 1968 C. 415, Sec. 216.

§69217.  Expressway.

A divided arterial highway. Laws 1968 C. 415, Sec. 217.

§69-217.1.  Force account or construction on a force account basis.

"Force account" or "construction on a force account basis" means the construction of a public project performed by a public body, in whole or in part, using permanent personnel on its own payroll, using the equipment of such public body, except for specialized equipment and a qualified operator of such specialized equipment, and without hiring outside supervision or utilizing outside direction unless it is determined such outside supervision or direction will contribute to the quality of the work being performed.

Added by Laws 2000, c. 109, § 1, eff. Nov. 1, 2000.

§69218.  Frontage road.

A road constructed adjacent and parallel to but separated from the highway and connected thereto at least at each end, for service to abutting property and for control of access.  Laws 1968 C.  415, Sec. 218.

§69219.  Governing body.

The legislative authority of any city or town for all streets and highways within the corporate limits of such city or town; and the board of county commissioners of each county as to all county highways; and the State Highway Commission of the State of Oklahoma as to all state highways. Laws 1968 C. 415, Sec. 219.

§69-220.  Hard surface.

A road surfaced with concrete, brick, water bound or bituminous macadam, or the equivalent of properly bound gravel, or other material approved by the State Highway Commission, and meeting the federal requirements.

Laws 1968 c. 415, § 220, operative July 1, 1968.

§69221.  Heavy traffic highway.

Any street or highway designed especially for the use of trucks, buses, and commercial vehicles, although not reserved exclusively for such use.  Laws 1968, c. 415, Sec. 221.

§69222.  Highway, street or road.

A general term denoting a public way for purposes of vehicular travel including the entire area within the rightofway.  Laws 1968 C. 415, Sec. 222.

§69223.  Improvement.

Any dwelling, outbuilding, other structure or fence, or part thereof, but not including public utilities, which lie within an area to be acquired for highway purposes. Laws 1968 C. 415, Sec. 223.

§69224.  Limited access facility.

Includes limited access highways, expressways, arterial highways, frontage roads, public roads and the auxiliary service highway. Laws 1968 C. 415, Sec. 224.

§69225.  Limited access highway.

A street or highway especially designed for through traffic, and over, from, or to which neither owners nor occupants of abutting lands nor other persons have any right or easement of access, light, air, or view. Laws 1968 C. 415, Sec. 225.

§69226.  Local road.

A road constructed to provide access to property abutting on or adjacent to the highway and which has but one connection to the highway. Laws 1968 C. 415, Sec. 226.

§69227.  Median.

The portion of a divided highway separating the traveled ways for traffic in opposite directions. Laws 1968 C. 415, Sec. 227.

§69228.  Municipal corporation or municipality.

Includes all cities and towns organized under the laws of this state, but shall not include any other political subdivisions.  Laws 1968 C. 415, Sec. 228.

§69229.  Parkway.

Any street, highway or limited access facility from which trucks, buses, and other commercial vehicles are, or may be, excluded.  Laws 1968 C. 415, Sec. 229.

§69230.  Person.

Any individual, firm, partnership, corporation or business entity of any kind or character, or the executor, administrator, trustee, receiver, assignee, or personal representative thereof.  Laws 1968, c. 415, Sec. 230.

§69231.  Project.

An undertaking by the State Highway Commission, governing body or other governmental instrumentality for highway construction, including preliminary engineering, acquisition of rightofway and actual construction, or for highway planning and research, or for any other work or activity to carry out the provisions of the federal law for the administration of federal aid for highways. Laws 1968 C. 415, Sec. 231.

§69232.  Public road.

A road constructed to connect other public roads or streets, but not connected to the highway. Laws 1968 C. 415, Sec. 232.

§69233.  Public service corporation.

Any transportation or transmission company, any gas, electric, heat, light and power company, any person, firm, corporation, receiver or trustee engaged in such business, and any person, firm, corporation, receiver or trustee authorized to exercise the right of eminent domain or having a franchise to use or occupy any rightofway, street, alley or public highway, whether along, over or under the same, in a manner not permitted to the general public.  Laws 1968 C. 415, Sec. 233.

§69234.  Right of access.

The right of ingress to a highway from abutting land and egress from a highway to abutting land. Laws 1968 C. 415, Sec. 234.

§69235.  Right of survey entry.

The right to enter property temporarily to make surveys and investigations for proposed highway improvements.  Laws 1968 C. 415, Sec. 235.

§69236.  Rightofway.

A general term denoting land, property, or interest therein, usually a strip acquired for or devoted to a highway use.  Laws 1968, c. 415, Sec. 236.

§69-237.  Right-of-way appraisal.

A determination of the market value of property including damages, if any, as of a specified date, resulting from an analysis of facts.

Laws 1969, c. 415, § 237, operative July 1, 1968.

§69238.  Rightofway estimate.

An approximation of the market value of property including damages, if any, in advance of an appraisal. Laws 1968, c. 415, Sec. 238.

§69239.  Separation (outer).

The portion of an arterial highway between the traveled ways of a roadway for through traffic and a frontage road.  Laws 1968, c. 415, Sec. 239.

§69240.  Severance damages.

Loss in value of the remainder of a parcel resulting from an acquisition. Laws 1968 C. 415, Sec. 240.

§69241.  Shoulder.

The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses. Laws 1968 C. 415, Sec. 241.

§69242.  State highway system.

The system of state roads designated by the State Highway Commission, including necessary urban extension, the responsibility for which is lodged in the Department of Highways.  Laws 1968, c. 415, Sec. 242.

§69243.  Traffic lane.

The portion of the traveled way for the movement of a single line of vehicles. Laws 1968 C. 415, Sec. 243.

§69244.  Traveled way.

The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. Laws 1968 C. 415, Sec. 244.

§69301.  Creation of department and commission  Rules, regulations and policies  Powers, duties and obligations of former department, commission and director continued.

(a) There is hereby created a Department of Highways and a State Highway Commission in and for the State of Oklahoma, pursuant to the provisions of Section 1, Article 16, of the Constitution of the State of Oklahoma, and such department shall be governed by the State Highway Director, provided for by Section 305 of this Code, under such reasonable rules, regulations and policies and road improvement programs as may be prescribed by the Commission.  Such rules and regulations and amendments thereto as adopted by the Commission shall be filed and recorded in the office of the Secretary of State.

(b) The Department and the Commission created by the preceding paragraph and the State Highway Director provided for by Section 305 of this Code shall be the legal successors of, and unless and except as otherwise provided by this Code shall also have the powers and duties vested by other laws in, and shall take immediate charge of all equipment, supplies and property now in the possession of, the Department, Commission and Director, respectively, created and provided for by 69 O.S.  1961, Sections 20.1 and 20.6, as amended, and shall be liable for their respective obligations.  Laws 1968, c. 415, Sec.  301.

§69-301.1.  Oklahoma Trucking Advisory Board.

A.  There is hereby created the Oklahoma Trucking Advisory Board.  The Board shall consist of the following members:

1.  The Director of the Department of Transportation or designee;

2.  The Chair of the Oklahoma Turnpike Authority or designee;

3.  The Commissioner of Public Safety or designee;

4.  The Chair of the Corporation Commission or designee;

5.  The Director of a statewide trucking association or designee;

6.  The Chair of the Oklahoma Tax Commission or designee;

7.  The President Pro Tempore of the Senate or designee;

8.  The Speaker of the House of Representatives or designee; and

9.  Four representatives selected by a statewide trucking association subject to the approval of a majority of the members of the Board.

B.  Each member shall hold office for a twoyear term or until the successor of the member takes office.  The term of office shall begin on July 1 of the succeeding fiscal year.  The Board shall select a chair from among the members of the Board each year.  It shall be the duty of the Board to act in an advisory capacity to the Director of the Department of Transportation.  The Board shall meet no less than on a quarterly basis with the Director of the Department of Transportation and the staff of the Director to discuss areas of mutual concern.

Added by Laws 1997, c. 91, § 1, eff. Nov. 1, 1997.  Amended by Laws 2002, c. 397, § 31, eff. Nov. 1, 2002.

§69302.  Members of Commission - Appointment and confirmation - Eligibility - Term - Compensation - Travel expenses - Ex officio member.

(a)  The State Transportation Commission shall consist of one (1) member from each of eight districts of the state, such districts to serve as the maintenance districts and to include the area as follows:

District 1.   Wagoner, Cherokee, Adair, Sequoyah, Muskogee, Okmulgee, McIntosh and Haskell Counties.

District 2.   Pittsburg, Latimer, LeFlore, McCurtain, Pushmataha, Atoka, Choctaw, Bryan and Marshall Counties.

District 3.   Lincoln, Cleveland, McClain, Garvin, Pottawatomie, Okfuskee, Seminole, Hughes, Pontotoc, Coal and Johnston Counties.

District 4.   Payne, Logan, Canadian, Kingfisher, Garfield, Grant, Kay, Noble and Oklahoma Counties.

District 5.   Roger Mills, Dewey, Custer, Washita, Beckham, Greer, Kiowa, Harmon, Jackson, Blaine, and Tillman Counties.

District 6.   Cimarron, Texas, Beaver, Harper, Woods, Alfalfa, Ellis, Major and Woodward Counties.

District 7.   Carter, Love, Murray, Grady, Comanche, Stephens, Cotton, Caddo and Jefferson Counties.

District 8.   Osage, Pawnee, Nowata, Creek, Craig, Ottawa, Rogers, Mayes, Delaware, Washington and Tulsa Counties.

(b)  The members of the Commission shall be appointed by the Governor, by and with the consent of the Senate, such appointment to have full force and effect and to be submitted to the Senate for its confirmation at the first session of the Senate after such appointment is made.  No Commissioner shall be entitled to the payment of salary, or to perform any service, until his appointment is confirmed by the Senate, if the Senate then be in session; if the Senate be not in session, then such Commissioner may serve and draw his salary until a special or regular session convenes; and if his appointment is not then confirmed within twenty (20) days, he shall cease to perform such services and cease to draw his salary.  Each of the Commissioners thus appointed shall, at the time of his appointment, be a citizen and resident of the district for which he shall have been appointed for at least three (3) years prior to the date of his appointment.  Not more than one Commissioner shall reside in any one district, as defined herein, at any time while serving on the Commission.  Each Commissioner thus appointed and confirmed shall, after the first term of office as herein provided, serve for a term of eight (8) years, and unless he is reappointed by the Governor and confirmed by the Senate within twenty (20) legislative days his services are automatically terminated and he shall cease to draw his salary, or any perquisites or emoluments as a Commissioner; provided, that in the event the Governor's appointee is not confirmed by the Senate within ten (10) days from the date his name is submitted, then the Governor shall submit a further appointee for confirmation; and during his term of office may be removed by the Governor at his pleasure.  The terms of office shall be as follows:  Two Commissioners shall serve until the 15th day of February, 1969; two Commissioners shall serve until the 15th day of February, 1971; two Commissioners shall serve until the 15th day of February, 1973; and two Commissioners shall serve until the 15th day of February, 1975; and the Governor, at the time of making the first appointment, shall, in his order of appointment, designate the term each Commissioner so appointed shall serve.  Thereafter the term of each Commissioner appointed and confirmed shall expire the 15th day of February in the eighth year after his appointment, and in case of death, resignation, or removal, the place shall be filled by appointment by the Governor for the remainder of the term.  Such appointments also shall be confirmed by the Senate.  The members of the Commission each shall receive an annual salary of Four Thousand Eight Hundred Dollars ($4,800.00), payable monthly, and each shall be entitled to receive travel expenses pursuant to the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.  The Governor shall be an ex officio member of the Commission, but shall be entitled to vote only in case of a tie vote.

(c)  Provided, that persons serving as members of the State Highway Commission created by Section 301 of this title, when this Code becomes effective shall serve as members of the State Transportation Commission created by this Code for the remainder of the terms for which they were appointed, in the positions on the latter Commission having corresponding terms of office, or until such positions are filled as herein provided.  Future Gubernatorial appointments shall be made from districts as directed by this act.

Added by Laws 1968, c. 415, § 302, operative July 1, 1968.  Amended by Laws 1971, c. 58, § 1, emerg. eff. April 2, 1971; Laws 1985, c. 178, § 51, operative July 1, 1985; Laws 1990, c. 316, § 1.

§69302.1.  Department of Transportation County Advisory Board.

A.  There is hereby created the Department of Transportation County Advisory Board.  The Board shall be made up of nine (9) county commissioners selected by the Association of County Commissioners of Oklahoma.  One member shall be elected from each of the eight districts of the Association of County Commissioners of Oklahoma and one member shall be selected at large by the other eight members.  Each member shall hold office for a twoyear term or until the successor of the member takes office.  Their term of office shall begin on July 1 of the succeeding fiscal year.  It shall be the duty of the Board to act in an advisory capacity to the Director of the Department of Transportation.  The Board shall review the County Road and Bridge Programs of the Department.  The Board shall meet no less than on a quarterly basis with the Director of the Department of Transportation and the staff of the Director to discuss areas of mutual concern.

B.  The Board is authorized to develop the following criteria for the County Road Machinery and Equipment Revolving Fund:

1.  Establish estimated purchase prices for equipment and road machinery;

2.  Establish amortization schedules for all equipment and road machinery;

3.  Establish a list of independent appraisers to be used for equipment and road machinery inspections;

4.  Establish the County Funding Classification Designation priority list;

5.  Establish the method, manner and expense of marking or identifying all equipment and road machinery;

6.  Establish a list of items which are to be purchased from the state purchase list;

7.  Establish a maximum purchase allocation for participating counties and circuit engineering districts; and

8.  Establish and approve an interest rate which may be charged on all leases or lease-purchase agreements.

C.  The Board will have the authority to determine the financial obligation of a county when road machinery or equipment is destroyed by an act of God or other unforeseen occurrence.

Added by Laws 1989, c. 352, § 6, operative July 1, 1989.  Amended by Laws 1993, c. 75, § 4, eff. Sept. 1, 1993; Laws 1996, c. 179, § 1, eff. Nov. 1, 1996; Laws 2001, c. 117, § 1, eff. Nov. 1, 2001.

§69-302.2.  Department of Transportation Tribal Advisory Board.

A.  There is hereby created the Department of Transportation Tribal Advisory Board.  The Board shall consist of nine (9) members.  The Governor, President Pro Tempore of the Senate and Speaker of the House of Representatives shall make three appointments each from a list of qualified persons nominated by the Oklahoma Tribal Transportation Council.  Four members shall be members of tribes served by each Bureau of Indian Affairs Area Office in Oklahoma and one member shall be selected at large by the Governor.  Each member shall hold office for a two-year term or until the successor of the member takes office.  Their terms of office shall begin on July 1 of the succeeding fiscal year.

B.  It shall be the duty of the Board to act in an advisory capacity to the Director of the Department of Transportation.  The Board may review the Department's policy and procedures for transportation programs that affect tribal governments.  The Board shall meet no less than on a quarterly basis with the Director of the Department of Transportation and the staff of the Director to discuss areas of mutual concern.

Added by Laws 1999, c. 199, § 1, emerg. eff. May 24, 1999.

§69303.  Functions, powers and duties of Commission.

(a) The Commission shall constitute an advisory, administrative, and policy making board with which the Director shall from time to time consult regarding the administration of the affairs of the Department.  The Commission may require from the Director complete reports and information relative to the affairs of the Department at such time and in such manner as the Commission may deem advisable.

(b) In addition to its other powers and duties, as herein defined, the Commission shall have the following specific powers and duties:

(1) To organize itself by the election of a chairman, vicechairman and secretary, who shall perform the duties required of them by the rules and regulations of the Commission, but shall receive no extra compensation therefor;

(2) To elect a State Highway Director and fix his salary within the limits of this Code, who shall serve during the pleasure of the Commission, expressed by a majority vote of the entire Commission;

(3) To prescribe rules, regulations, and policies for the transaction of its business, and for the letting of all contracts and purchases;

(4) To prescribe the manner of cooperation between county and municipal officials with the Commission;

(5) Except as otherwise provided herein, to let or supervise the letting of all contracts for construction or improvements of state highways, or any contract for road or bridge construction or improvement where the work is being done in whole or in part with state or federal monies;

(6) To authorize all expenditures prior to the incurring therefor, except as otherwise provided in this Code.

(c) Each Commissioner shall aid in the promotion of highway construction, improvements, and maintenance throughout the entire state, and shall not act as the special representative of the particular district in which he resides.  Laws 1968 C.  415, Sec. 303.

Laws 1968, c. 415, § 303, operative July 1, 1968.  

§69303A.  Soliciting or receiving political contributions by members of Highway Commission prohibited.

No appointed member of the State Highway Commission shall directly or indirectly solicit, receive or in any manner be concerned in soliciting or receiving any assessment, subscription or contribution for any political organization, candidacy or other political purpose. Laws 1969, c. 351, Sec. 1.  Emer. Eff. May 14, 1969.

Laws 1969, c. 351, § 1, emerg. eff. May 14, 1969.  

§69304.  State Highway System  Construction and maintenance  Powers of Commission.

Section 304. (a)  The construction and maintenance of the State Highway System, and all work incidental thereto, shall be under the general supervision and control of the Transportation Commission.

(b)  The Commission shall have power to make all final decisions  affecting the work provided for herein, and all reasonable rules and  regulations it may deem necessary, not inconsistent with this code,  for the proper management and conduct of such work, and for carrying out the provisions of this article, in such manner as shall be to the best interest and advantage of the people of this state.

(c)  The Commission shall have power and authority to contract for and purchase, lease or otherwise acquire any tools, machinery, supplies, material or labor needed or to be needed for such work, having the deliveries of such articles made as actually needed, and to pay for engineering, preparation of plans and specifications, costs of advertising, engineering supervision and inspection and all expenses and contingencies in connection with the construction and maintenance of the State Highway System.  When quality and prices are equal, preference shall be given materials produced within the State of Oklahoma and highway construction companies domiciled, having and maintaining offices in and being citizen taxpayers of the State of Oklahoma.

(d)  The Commission shall have authority to make all contracts and do all things necessary to cooperate with the United States Government in matters relating to the cooperative construction, improvement and maintenance of the State Highway System, or any road or street of any political or governmental subdivision or any municipal or public corporation of this state, for which federal funds or aid are secured.  Such contracts or acts shall be carried out in the manner required by the provisions of the Acts of Congress and rules and regulations made by an agency of the United States in pursuance of such acts.

(e)  Any political or governmental subdivision or any public or municipal corporation of this state shall have the authority to enter into contracts through or with the Commission to enable them to participate in all the benefits to be secured from federal aid funds, or funds made available from the federal government to be used on roads and streets.  The Commission may negotiate and enter into contracts with the federal government, or any of its constituted agencies, and take all steps and proceedings necessary in order to secure such benefits for such political or governmental subdivisions or public or municipal corporations.

(f)  The Commission, on behalf of the state, and any political or governmental subdivision or public or municipal corporation of this state shall have the authority to enter into agreements with each other respecting the planning, designating, financing, establishing, constructing, improving, maintaining, using, altering, relocating, regulating or vacating of highways, roads, streets or connecting links.

(g)  The Commission shall have authority to act in an advisory capacity, upon request, to any political or governmental subdivision or public or municipal corporation of this state in matters pertaining to the planning, locating, constructing and maintaining of roads, highways and streets and other related matters.  The Commission, in such instances, may provide services and may cooperate with such subdivisions and corporations on such terms as may be mutually agreed upon.

(h)  The Commission may purchase out of the State Highway Construction and Maintenance Fund such commercial vehicles and passenger automobiles as may be necessary for the use of the Department and its employees in the construction and maintenance of the State Highway System and all work incidental thereto, and in carrying out the duties now or hereafter imposed upon the Department by the laws of this state.

(i)  The Commission may enter into written agreements with private citizens to allow such citizens to mow state highway rightsofway and keep the clippings from such mowing as the sole compensation therefor.

Laws 1968, c. 415, § 304, operative July 1, 1968; Laws 1971, c. 60, § 1, emerg. eff. April 6, 1971; Laws 1975, c. 326, § 10, emerg. eff. June 12, 1975; Laws 1976, c. 245, § 10, emerg. eff. June 17, 1976; Laws 1978, c. 69, § 1.  

§69305.  Director of the Department of Transportation  Salary.

There is hereby created the office of the Director of the Department of Transportation, who shall be elected by a majority vote of the entire Commission and who shall serve at the pleasure of the Commission.  The Director shall receive an annual salary to be fixed by a majority vote of the entire Commission from appropriations made by the Legislature.

Amended by Laws 1984, c. 239, § 9, operative July 1, 1984.  

§69306.  Powers and duties of Director.

Immediately upon the election and qualification of the Director, he shall become vested with the duties and powers of the management and control of the Department, under such orders, rules and regulations as may be prescribed by the Commission; and in addition thereto he shall have the following specific powers and duties:

(a) To supervise the state highway system under rules and regulations prescribed by the Commission;

(b) To appoint and employ, supervise and discharge such professional, clerical, skilled and semiskilled help, labor and other employees as may be deemed necessary for the proper discharge of the duties of the Department and to fix and determine the salaries or wages to be paid subject to all such rules and regulations as may be promulgated by the Commission, and subject to the policies, rules and regulations of the Office of Personnel Management and the State Merit System of Personnel Administration;

(c) To investigate and determine upon the various methods of road and bridge construction and maintenance in the different sections of the state;

(d) To aid at all times in promoting highway improvements and maintenance throughout the state;

(e) To make recommendations to the Commission in the letting of all contracts for construction or improvements of state highways or any contract for road or bridge construction or improvement where the work is being done in whole or in part with state or federal monies; and to act for the Commission in the purchase of all materials, equipment and supplies as provided for in this Code;

(f) To place on the state highway system any road he deems necessary and to the best interest of the state, when approved by a majority of the entire Commission, and to eliminate from the state highway system any road when approved by a majority of the entire Commission;

(g) To approve and pay claims for the services of professional, clerical, skilled and semiskilled help, laborers and other employees, for the Commission, when the salary or wages of such help and employees shall have been previously approved by the Commission; and to approve and pay progressive estimates on work done or contracts performed, where such work or contracts have theretofore been approved by the Commission; and to approve and pay claims for the purchase of equipment, materials and supplies theretofore authorized by the Commission;

(h) To make emergency purchases of equipment, materials, and supplies, and emergency contracts for construction and repairs, under rules and regulations prescribed by the Commission;

(i) To grant permission to state agencies, municipalities and water companies or districts to lay any water pipeline within the rightsofway of state highways, when approved by the Commission; and

(j) To act for the Department in all matters except as otherwise provided in this Code.

Amended by Laws 1982, c. 338, § 49, eff. July 1, 1982.  

§69306.1.  Contracts  Price adjustment clauses.

The provisions of any other law to the contrary notwithstanding, the Department of Transportation is hereby authorized and empowered to provide for the use of and inclusion in, its construction contracts price adjustment clauses, providing adjustments in contract bid prices as may be deemed necessary and appropriate by the Director for increases or decreases of energyintensive materials based upon the price FOB source on the day of bidding and actual invoice price FOB source on the day of delivery.

This authorization is to be applied only to such contracts as may be determined by the Director and approved by the Transportation Commission and further specified in the notice to bidders.

Laws 1981, c. 339, § 11, emerg. eff. June 30, 1981.  

§69306.2.  Trust for benefit of Transportation Department employees.

The Department of Transportation is hereby authorized to establish, with funds currently held by the Department of Transportation which accrued to its health insurance rate stabilization account, a trust for the benefit of Department of Transportation employees.  The trust shall be under the control of three (3) trustees who shall invest the funds constituting the trust in interest bearing accounts in federally insured institutions or in U.S. Treasury instruments.  The trustees shall be the Director, Deputy Director and Chief Engineer of the Department of Transportation.  The trustees shall serve without compensation from the trust and shall be immune from any legal action relating to the trust except in the case of fraud, theft or misappropriation of trust funds.  The Attorney General shall defend any legal action against the trustees, which may arise from the trustees' administration of the trust.  The cost and expense of participating in such litigation shall be payable from funds in the trust estate, or in the event there are no such funds or insufficient funds, the cost and expense of participating in such litigation shall be borne by the Department of Transportation.  The trustees shall be entitled to full indemnity from funds of this trust provided, however, if there are no such trust funds or insufficient trust funds to reimburse the trustees for any liability or loss they may sustain by reason of any such litigation, then the trustees shall be indemnified from funds of the Department of Transportation; provided further, the trustees shall not be entitled to indemnity from either source if they are adjudged guilty of fraud, theft or misappropriation of trust funds in connection with any such litigation.

The term of this trust shall be for two (2) years from the effective date of this act, provided however, the district court of Oklahoma County may extend the term of this trust in the best interest of the beneficiaries.  Upon formation of this trust, the trustees shall immediately bring an action in the district court of Oklahoma County for a determination of beneficiaries and their interest in the trust, and when determined, the trustees shall distribute the trust in accordance with the determination of the court.

Added by Laws 1988, c. 289, § 18, operative July 1, 1988.  Amended by Laws 1993, c. 161, § 1, emerg. eff. May 7, 1993.

§69308.  Oath of office.

Each member of the Commission and every employee of the Department shall, before entering upon the duties of his office or employment, take and subscribe to an oath or affirmation to support the Constitution of the United States and of the State of Oklahoma, and to discharge faithfully and honestly the duties of such office or employment.  Any officer or employee who shall violate the provisions of this section shall be guilty of a misdemeanor, and such violation shall be cause for removal.

Laws 1968, c. 415, § 308, operative July 1, 1968; Laws 1980, c. 159, § 20, emerg. eff. April 2, 1980.  

§69309.  Employment of persons closely related to members or Director  Contracts with such persons.

It shall be unlawful for the Commission or the Director to appoint or employ, or approve the appointment or employment of, any persons related within the third degree by blood or marriage to the Director or any member of the Commission.  The Director knowingly appointing or employing any persons in violation of this provision, or any member of the Commission knowingly approving or recommending the appointment or employment of persons in violation of such provision, shall be guilty of a misdemeanor.  It also shall be unlawful for the Commission or the Director to approve or enter into any contract with any persons related within the third degree by blood or marriage to the Director or any member of the Commission.  The Director knowingly approving or entering into any such contract in violation of such provision, or any member of the Commission knowingly voting to enter into or to approve any such contract, shall be guilty of a misdemeanor. Laws 1968 C. 415, Sec. 309.

Laws 1968, c. 415, § 309, operative July 1, 1968.  

§69-310.  Conflict of interest.

(a)  No official or employee of the Commission, governing body or other governmental instrumentality who is authorized in his official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting or approving any contract or subcontract in connection with a project shall have, directly or indirectly, any financial or other personal interest in any such contract or subcontract.  No engineer, attorney, appraiser, inspector or other person performing services for the Commission, governing body, or other governmental instrumentality in connection with a project shall have, directly or indirectly, a financial or other personal interest, other than his employment or retention by the Commission, governing body, or other governmental instrumentality, in any contract or subcontract in connection with such project.  No officer or employee of such person retained by the Commission, governing body or other governmental instrumentality shall have, directly or indirectly, any financial or other personal interest in any real property acquired for a project unless such interest is openly disclosed upon the public records of the Commission, the governing body or other governmental instrumentality, and such officer, employee or person has not participated in such acquisition for and in behalf of the Commission, the governing body or other governmental instrumentality.

(b)  Any official or employee of the Commission, governing body or other governmental instrumentality, or officer or employee of such person retained by the Commission, the governing body or other governmental instrumentality who knowingly violates any of the provisions of this section shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment in the State Penitentiary for a term not to exceed five (5) years, or by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such imprisonment and fine.  In addition, if the Commission or the Director enters into any contract on the part of the Department in which the Director or any member of the Commission is interested, directly or indirectly, and the state suffers a loss due to excessive charges or otherwise, the members of the Commission knowingly voting to enter into or to approve such contract, and the Director knowingly entering into, approving, or recommending any such contract, and the contracting party, shall be jointly and individually liable for any loss the state may suffer.  The official bonds of such officer shall be liable for such loss.  The provisions of this section shall be cumulative to existing law.  The members of the Commission and the Director found guilty of violating any of the provisions of this section shall in addition to the penalty heretofore set out forfeit their respective offices.

(c)  Any employee of the Department, Director or Commission, who in the course of such employment knowingly accepts, approves, or recommends for approval or payment any material, service, job, project, or structure, or any part thereof, which does not meet the specifications therefor, or is to his knowledge otherwise more deficient in quality, quantity or design than was provided for in the plans, purchase orders or any minimum standard provided by any state agency or official, or by law, shall be guilty of a felony and, upon conviction, shall be punished and penalized as provided by this section.

(d)  The ownership by any member of the Commission, or the Director, of less than five percent (5%) of the stocks or shares actually issued by a corporation contracting with the Department shall not be considered an interest, directly or indirectly, in a contract with such corporation within the meaning of this section, and such ownership shall not affect the validity of any contract, or impose liability under this section unless the owner of such stock or shares is also an officer or agent of the corporation or association.  Ownership shall include any stock or shares standing in the name of a member of the Commissioners' or Director's immediate family or a family trust.

Added by Laws 1968, c. 415, § 310, operative July 1, 1968.  Amended by Laws 1997, c. 133, § 569, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 412, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 569 from July 1, 1998, to July 1, 1999.

§69311.  Meetings  Voting.

The members of the Commission shall meet on the first Monday of each month at the Department office in Oklahoma City, Oklahoma, to transact all official business, and shall remain in regular session not to exceed five (5) days in any one month.  Called meetings of the Commission may be had at such times as are deemed necessary by the Chairman or a majority of the members thereof.  There shall be not more than two called meetings each month, and each meeting shall not exceed two (2) days duration.  All official acts of the Commission shall be by majority vote of the total membership of the Commission; provided, the Governor as an ex officio member of the Commission shall be entitled to cast a deciding vote in case of a tie vote. Laws 1968, c. 415, Sec. 311.

Laws 1968, c. 415, § 311, operative July 1, 1968.  

§69312.  Rules and regulations  Nonresidents transacting business with Commission  Agent for service of process  Appointment  Secretary of State as agent  Financial statement by bidders.

The Commission shall have authority to promulgate such reasonable rules and regulations as it may deem necessary for the proper and orderly transaction of its business.  Every nonresident person, natural or artificial, firm or entity, including any corporation not domiciled in this state, shall, before it be permitted to transact business or continue business with the Commission, appoint and maintain an agent upon whom service or process may be had in any action to which such person, natural or artificial, firm or entity shall be a party.  Such agent shall reside in the State of Oklahoma and shall file with the Secretary of State a formal declaration as to his place of residence in the State of Oklahoma.  Service had upon such agent shall be taken and held as service upon such person, natural or artificial, firm or entity.  Such appointment, properly executed and acknowledged, shall be filed with the Secretary of State and shall give the residence address or place of business of such agent.  Contractors or other persons desiring to bid upon construction or maintenance work shall be required to submit a financial statement and such other information as the Commission may deem necessary or desirable, such statement and information to be on file with the Commission for a period of at least ten (10) days prior to the date on which they expect or desire to submit bid or bids to the Commission.  Any person, natural or artificial, firm or entity failing to comply with the provisions of this section shall be deemed to have appointed the Secretary of State as his service agent in accordance with the provisions of Title 47, Sections 391  398, O.S.1961, as amended, and service of process may be had as therein provided.  Laws 1968, C. 415, Sec. 312.

Laws 1968, c. 415, § 312, operative July 1, 1968.  

§69313.  Reports and recommendations.

It shall be the duty of the Commission and Director to make quarterly reports in writing to the Governor of the complete operation, activities, and plans of the Department, together with such recommendations for future activities of the Department as the Commission and Director may deem to be to the best interest of the State of Oklahoma. Laws 1968 C. 415, Sec. 313.

Laws 1968, c. 415, § 313, operative July 1, 1968.  

§69314.  Legal advisors.

The Director shall, with the advice and consent of the Commission, appoint such attorneys as may be necessary for the handling of all legal services for the Commission and the Department.  The attorneys shall be the legal advisors for the Commission and the Director, and are hereby authorized to appear for and represent the Department in any and all litigation that may arise in the discharge of its duties, and advise it upon all legal matters pertaining to the Department.  The attorneys and, in addition, the Attorney General, are further authorized to appear for and represent officers and employees of the Department and the Commission in any civil suits brought against such officers and employees in their individual capacities upon alleged causes of action which arose from acts or omissions of such officers and employees within the scope of their official duties.

The salaries for the attorneys, other than the Attorney General, shall be fixed by the Commission and shall be payable monthly out of the State Highway Construction and Maintenance Fund.

Laws 1968, c. 415, Section 313; Laws 1976, Chapter 19, Section 1.  Emerg. eff. March 2, 1976.

Laws 1968, c. 415, § 314, operative July 1, 1968; Laws 1976, c. 19, § 1, emerg. eff. March 2, 1976.  

§69315.  Audit of books, records and files of Commission and Department.

The State Auditor and Inspector shall audit the books, records and files of the Commission and the Department and shall file his report thereof not later than December 15 following the close of each fiscal year.  Such audit shall be continuous in nature and shall contain a report on the several divisions and the activities thereof.  The State Auditor and Inspector shall make his report of such audits in quadruplicate, one copy thereof to be filed with the Governor, one copy with the State Director of Finance, one copy with the Commission, and shall retain one copy as a public record in his office.  The copies shall be filed in each of such divisions as soon as they are received by them.  The expenses of such audits shall be paid by the Commission out of the State Highway Construction and Maintenance Fund upon the presentation of sworn and itemized claims, which claims shall have been duly approved by the State Auditor and Inspector.  A sum equivalent to onetenth of one percent (1/10 of 1%) of the warrants issued during the previous fiscal year shall be allotted and appropriated annually from such Fund for the expense of this audit. If such sum is found to be inadequate for the purposes above set forth, then the Commission may allot and appropriate from such Fund such additional sums as may be necessary.

Laws 1968, c. 415, § 315, operative July 1, 1968; Laws 1979, c. 30, § 130, emerg. eff. April 6, 1979.  

§69316.  Certification of county road mileage.

The Commission, on or before the first day of June of each year, shall certify to the Oklahoma Tax Commission the county road mileage of each county and the total county road mileage of the state as such mileage existed on the first day of January of such year.  Such mileage shall be the computation of the existing road mileage for counties including any mileage represented by streets or roads in municipalities with a population of less than two thousand five hundred (2,500) and any other streets and roads in municipalities with a population of less than five thousand (5,000) that the county has agreed to construct, maintain, or repair.  Any roads removed from the State Highway System by the Transportation Commission and returned to the county road system shall be added to the total county road mileage of the said county.

Added by Laws 1963, c. 351, § 1.  Amended by Laws 1967, c. 366, § 1; Laws 1968, c. 415, § 316, operative July 1, 1968; Laws 1981, c. 309, § 1; Laws 1983, c. 317, § 8, emerg. eff. June 27, 1983; Laws 1987, c. 236, § 118, emerg. eff. July 20, 1987; Laws 2002, c. 142, § 2, eff. July 1, 2002.

§69317.  Cooperation with counties, municipalities, other states and United States.

The Department shall have the power and authority to cooperate with the several counties and municipalities of the State of Oklahoma, and with the State Highway Departments, bureaus, commissions, and the authorities now in existence or hereafter created by the Congress of the United States and by the Legislature of this State, or other states, and by whatever name or title designated, by providing surveys, maps, specifications, and other things necessary in planning, supervising, locating, improving, and constructing roads and highways, and bridges including interstate bridges, and streets, in any part, section, or area of the State of Oklahoma. Laws 1968 C. 415, Sec. 317.

Laws 1968, c. 415, § 317, operative July 1, 1968.  

§69318.  Agreements with Public Welfare Commission  Construction and maintenance of roads  Costs.

The State Highway Commission and the Oklahoma Public Welfare Commission may enter into an agreement whereby the State Highway Commission shall construct and/or maintain various roads located on the grounds of state institutions under the supervision and control of the Oklahoma Public Welfare Commission.  Such agreement shall provide that the cost of materials shall be divided between the two departments on the basis of twentyfive percent (25%) by the Department of Highways and seventyfive percent (75%) by the Department of Public Welfare, and the total amount to be expended in one (1) year shall not exceed Four Hundred Thousand Dollars ($400,000.00).  The order or priority for construction or maintenance of such roads shall be determined by the Oklahoma Public Welfare Commission.  Laws 1968, c. 415, Sec. 318.

Laws 1968, c. 415, § 318, operative July 1, 1968.  

§69319.  Status of employees under Merit and Retirement Systems not changed.

This Code shall not affect the status, rights and privileges accrued under the State Merit System of Personnel Administration, or the Oklahoma Public Employees Retirement System, to persons serving as employees of the Department of Highways created by 69 O.S.1961, Section 20.1, when this Code becomes effective, and continuing to serve as employees of the Department created by Section 301 of this Code.  For the purposes of 74 O.S.1961, Sections 801  839, as amended, and Chapter 50, Oklahoma Session Laws 1963 (74 O.S. Supp. 1965, Sections 901  928), the former Department and the latter Department shall be deemed to be a single continuing department or agency of the state government; and persons serving as employees of the former Department and continuing as employees of the latter Department shall be entitled to the same status, rights and privileges that they would have had if the former Department had remained in existence.  Laws 1968, C. 415, Sec. 319.

Laws 1968, c. 415, § 319, operative July 1, 1968.  

§69320.  Quiet title actions  Service of summons on Department or Commission.

In any action to quiet title to real property, the Department or the Commission may be made a party defendant for the purpose of determining whether the Department or the Commission has or claims any interest in such real property; and in any such action service of summons upon the Department or the Commission may be made by delivery of a copy of the summons to the Director.  Laws 1968, c. 415, Sec. 320.

Laws 1968, c. 415, § 320, operative July 1, 1968.  

§69-321.  Oklahoma School for the Deaf in Sulphur, Murray County - Erection of informational highway sign.

The Oklahoma Department of Transportation shall erect an informational highway sign on I-35 at or near the Sulphur exit for the Oklahoma School for the Deaf in Sulphur, Murray County.

Added by Laws 1992, c. 46, § 1, eff. Sept. 1, 1992.

§69401.  Cooperation with, or agency for, Bureau of Public Roads  Contracts on terms approved by Bureau of Public Roads.

In order to facilitate civil defense and the construction and maintenance of flight strips, access highways, and the construction of other federal aid highways and roads, the Commission, upon the request of the Bureau of Public Roads, may cooperate with and act as the agent of the Bureau of Public Roads in making the surveys, plans and specifications and estimates for, and in the construction and maintenance of, flight strips, roads and bridges necessary to provide access to military and naval establishments, defense industries, defenseindustry sites, source of raw materials, roads and bridges replacing existing highways and highway connections shut off from general public use at military and naval reservations and defenseindustry sites, and other federal aid highways. Notwithstanding any other provisions of law, the Commission may negotiate and enter into contracts for the construction or maintenance of any such flight strip, road, bridge or highway, under such procedure, in such manner and upon such terms and conditions as may be approved by the Bureau of Public Roads, or may, either as principal or agent of the Bureau of Public Roads, perform such construction and maintenance work by the "forceaccount" method. The provisions of this article shall be applicable in all cases where the work is being paid for either in whole with federal funds or in part with federal funds and in part with funds of the State of Oklahoma or one of its subdivisions. Laws 1968 C. 415, Sec. 401.

Laws 1968, c. 415, § 401, operative July 1, 1968.  

§69402.  State Highway Construction and Maintenance Fund  Use of  Acceptance and disbursement of federal funds  Liability of State Treasurer.

The Commission shall have authority to use any money in the State Highway Construction and Maintenance Fund to carry out the provisions of this article.  Whenever the Commission contracts as the agent of the Bureau of Public Roads, it shall be authorized to accept and receive federal funds for disbursement in the discharge of the obligation of such contracts, and to deposit same in a special account in the State Treasury, and to disburse the same in such manner as may be approved by the Bureau of Public Roads.  The State Treasurer and his bondsmen shall be liable for any such federal funds so deposited by the Commission.  Laws 1968, c. 415, Sec. 402.

Laws 1968, c. 415, § 402, operative July 1, 1968.  

§69-403.  State Infrastructure Bank.

A.  The Transportation Commission is hereby authorized to create a "State Infrastructure Bank", pursuant to the federal National Highway System Designation Act of 1995, for the purpose of pooling available federal, private and state appropriated or revolving fund monies specifically authorized by the Legislature for such use.  The Commission shall be the instrumentality to make application to the Federal Highway Administration for the capitalization grant which is to be placed in the State Infrastructure Bank.  The Commission shall adopt all rules necessary to implement and effectuate the provisions of this act.

B.  The State Infrastructure Bank authorized by this section may be utilized by the various counties of Oklahoma for pooling available federal, private and state appropriated or revolving fund monies specifically authorized by the Legislature for capital improvements.  The various counties of Oklahoma are authorized to receive and repay monies from the Oklahoma Department of Transportation revolving fund designated as the "State Infrastructure Bank Revolving Fund" for the purpose specifically authorized by the Legislature.

C.  The Transportation Commission shall be authorized to make loans from the State Infrastructure Bank to qualified applicants as provided in this act in order to implement the provisions of the National Highway System Designation Act of 1995.

Added by Laws 1996, c. 303, § 1, emerg. eff. June 10, 1996.  Amended by Laws 1997, c. 218, § 8, eff. Nov. 1, 1997; Laws 1998, c. 292, § 1, eff. Nov. 1, 1998.

§69-403.1.  Definitions.

For the purposes of this act:

1.  "Eligible project" means the construction, restoration, or replacement of a public transportation facility, limited to highways, bridges, roads, streets, rail crossings, and right-of-way acquisition that would enhance the economic development of this state and provide safety to the citizens of this state;

2.  "Eligible applicant" means state agencies, counties, cities, special districts, municipal corporations, and Indian tribal governments;

3.  "Commission" means the Oklahoma Transportation Commission;

4.  "Department" means the Oklahoma Department of Transportation; and

5.  "Director" means the Director of the Oklahoma Department of Transportation.

Added by Laws 1998, c. 292, § 3, eff. Nov. 1, 1998.

§69-404.  State Infrastructure Bank Revolving Fund.

A.  There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Transportation to be designated the "State Infrastructure Bank Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of the following:

1.  All monies received by the Department of Transportation as provided in Section 403 of this title;

2.  All monies received pursuant and subject to the provisions of the National Highway System Designation Act of 1995 which are eligible for use in state revolving loan funds established to meet the requirements of that act;

3.  All monies appropriated to this fund;

4.  Payments of principal and interest and penalty payments on loans made directly from federal monies and appropriated monies in this fund;

5.  Annual state administration fees of one-half percent (1/2%) on the outstanding loan balance; and

6.  Any other sums designated for deposit to this fund from any source, public or private.

All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Department of Transportation for the purposes of effectuating the provisions of this act.  Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

B.  The monies placed in the State Infrastructure Bank Revolving Fund shall be invested by the State Treasurer as prescribed by Section 89.2 of Title 62 of the Oklahoma Statutes.  Any interest earned by the State Treasurer shall be deposited to the credit of the State Infrastructure Bank Revolving Fund.  Monies invested by the State Treasurer shall be available to meet the program funding needs established by the Department of Transportation pursuant to this act.

Added by Laws 1996, c. 303, § 2, emerg. eff. June 10, 1996.  Amended by Laws 1998, c. 292, § 2, eff. Nov. 1, 1998.

§69-405.  Use of fund - Purposes.

The Oklahoma Department of Transportation shall use the State Infrastructure Bank Revolving Fund only as provided by the National Highway System Designation Act of 1995 for the following purposes:

1.  To make a loan to an eligible entity if:

a. the loan application, project and planning documents have been approved by the Department or the Oklahoma Transportation Commission,

b. the loan is made at or below market interest rates,

c. principal and interest payments will begin no later than the month following the completion of the project,

d. the State Infrastructure Bank Revolving Fund will be credited with all payments of principal and interest on all loans,

e. the applicant demonstrates to the satisfaction of the Department the financial capability to assure sufficient revenues to pay debt service,

f. the recipient of the loan establishes a dedicated source of revenue for payment of debt service for the loan, and

g. the recipient agrees to maintain financial records in accordance with governmental accounting standards, to conduct an annual audit of the financial records relating to the construction project, and to submit the audit report to the Department on a scheduled annual basis;

2.  To guarantee or purchase insurance for eligible entities if the guarantee or insurance would improve access to market credit or reduce interest rates;

3.  To provide loan guarantees to similar revolving loan accounts or funds established by eligible entities;

4.  To administer the State Infrastructure Bank Revolving Fund  pursuant to the provisions in this act.  All funds to be utilized for administrative costs from the State Infrastructure Bank Revolving Fund shall be subject to annual appropriation by the Legislature; and

5.  For such other purpose or in such manner as is determined by the Commission or the Director to be an appropriate use of the State Infrastructure Bank Revolving Fund and which has been specifically approved by the Federal Highway Administration pursuant to the National Highway System Designation Act of 1995.

Added by Laws 1998, c. 292, § 4, eff. Nov. 1, 1998.

§69-406.  Additional powers and duties of Department - Review of applications - Oversight and technical assistance.

In addition to other powers and duties provided by law, the Oklahoma Department of Transportation shall have the power and duty to:

1.  Review, assess, and prioritize the preliminary applications received from eligible applicants;

2.  Determine the feasibility of each transportation project and the eligibility of the entity to receive funding from the State Infrastructure Bank Revolving Fund;

3.  Determine which applications should be referred to the Commission for loans from the State Infrastructure Bank Revolving Fund; and

4.  Provide oversight and technical assistance during the planning, design, and construction phases of the transportation project for which the entity is applying for the loan.

Added by Laws 1998, c. 292, § 5, eff. Nov. 1, 1998.

§69-407.  Rules.

The Oklahoma Department of Transportation shall prescribe such rules as may be necessary for determining the eligibility and priority of such entities for transportation projects in order to receive loans made pursuant to the National Highway System Designation Act of 1995 and the State Infrastructure Bank Revolving Fund.  At a minimum, such rules shall:

1.  Ensure the fair and equitable prioritization of entities eligible for loans made pursuant to the provisions of this act;

2.  Be in conformance with applicable provisions of the National Highway System Designation Act of 1995;

3.  Require that, to be approved, an applicant needs or will need the transportation project loan to comply with regulations and standards adopted by the Department; and

4.  Require the transportation project to:

a. be designed to enhance the economic development of this state and provide safety to its citizens,

b. meet the established criteria of the Department as provided for by the National Highway System Designation Act of 1995,

c. comply with all applicable federal, state, and local laws and rules, and

d. meet any other consideration deemed necessary by the Department.

Added by Laws 1998, c. 292, § 6, eff. Nov. 1, 1998.

§69-408.  Additional powers and duties of Department - Administration of monies - Establishment of accounts and subaccounts.

In addition to the other powers and duties provided by law, the Oklahoma Department of Transportation shall have the power and duty to:

1.  Manage, maintain, expend and otherwise administer monies in the State Infrastructure Bank Revolving Fund and any accounts or subaccounts in the Fund, pursuant to the provisions of this act.  The Department shall manage the Fund so as to make available the amounts necessary to fund loans to the eligible entities entitled to receive funding pursuant to the provisions of this act;

2.  Establish separate accounts and subaccounts within the State Infrastructure Bank and provide that such accounts be segregated and used for specified purposes or held as security for designated obligations; and

3.  Enter into binding loan agreements with the eligible entities as specified by the Department.

Added by Laws 1998, c. 292, § 7, eff. Nov. 1, 1998.

§69-409.  Preliminary evaluations of transportation projects - Financial review - Final loan applications - Approval or rejection - Release of loan proceeds.

A.  By May 1, 1999, the Oklahoma Transportation Commission shall provide financial review guidelines to the Oklahoma Department of Transportation for use by the Department in preliminary evaluations of transportation projects.  The evaluation shall include such information as required by the Department and the Commission, including but not limited to:

1.  Cost of the proposed transportation project;

2.  Amount of the loan requested;

3.  Repayment schedule; and

4.  Existing and anticipated assets and liabilities of the applicant.

B.  Upon a determination of the Department that an entity meets the criteria to receive funding pursuant to the provisions of this act, the Department shall forward to the Commission the preliminary application for an initial financial review.

C.  Upon receipt of the preliminary application, the Commission shall prepare an initial financial review of the entity based upon:

1.  The documents submitted by the Department and any additional information requested by the Commission through the Department, necessary to make a financial review of such entity; and

2.  The proposed loan amount and interest rate for which the entity qualifies.

Upon conclusion of the initial financial review, the Commission may either recommend approval or rejection of the proposed loan.

D.  The Commission shall return the preliminary application to the Department with a written recommendation of approval or rejection.  If the Commission recommends rejection, the written recommendation shall include the reason for the rejection.  The Commission shall forward a written copy of the rejection notice to the entity.  The entity may then be allowed to modify any such documents in order to comply with the requirements of the Commission and may resubmit the necessary financial documents to the Department.

E.  If the Commission recommends approval, the Commission shall notify the Department of the acceptance.  Upon receipt of the notice and upon approval of the planning documents by the Department, the Department shall notify the entity of the approval and request the entity to prepare and submit the final loan application and a nonrefundable loan application processing fee in the amount of Five Hundred Dollars ($500.00).

F.  Upon a determination of compliance with the state and federal laws, the Department is authorized to approve, refer and forward the final loan application and necessary documents to the Commission with the recommendation that a loan be made to the eligible entity pursuant to the federal National Highway System Designation Act of 1995 from the State Infrastructure Bank Revolving Fund.

G.  Upon review of the final loan application and applicable documents, the Commission shall either approve or reject the loan application.  The Commission may request additional information from the applicant or the Department in order to complete the financial review of the application for the loan.  The Commission shall notify the applicant of any rejection of the final loan application.  Notification of approval of such entity for a loan shall be sent to the Department and the Department shall notify the applicant.  The Department shall have the authority to grant final approval for disbursement of loan proceeds by the State Infrastructure Bank and to present the proceeds at the closing of the loan.  Upon request for disbursement of funds from the account pursuant to the provisions of this act, the Commission shall provide for the release of the loan proceeds.

H.  Payment on loans shall be made to the State Infrastructure Bank as provided in the loan documents.

Added by Laws 1998, c. 292, § 8, eff. Nov. 1, 1998.

§69-410.  Annual audit.

The State Auditor and Inspector shall perform an annual audit of any revenues and expenditures from the State Infrastructure Bank Revolving Fund.

Added by Laws 1998, c. 292, § 9, eff. Nov. 1, 1998.

§69-411.  Default - Collections.

In the event of a default in payment of the principal or interest on loans made from the State Infrastructure Bank Revolving Fund pursuant to this act, the Attorney General is empowered and it shall be the duty of the Attorney General to take actions to collect any amounts due or owing to the Fund.  The Attorney General shall institute appropriate proceedings to compel the defaulting party and its officers, agents, and employees to cure the default.  Jurisdiction of any proceedings shall be in the district court of Oklahoma County.

Added by Laws 1998, c. 292, § 10, eff. Nov. 1, 1998.

§69-412.  Revenue sources.

A.  In order to administer the State Infrastructure Bank, the following sources of revenues may be utilized:

1.  Monies from the State Infrastructure Bank Revolving Fund pursuant to the federal National Highway System Designation Act of 1995;

2.  Loan processing fees; and

3.  Appropriations from the General Revenue Fund or other funds as may be provided for this purpose.

B.  All funds to be utilized for administration by the Oklahoma Department of Transportation shall be subject to annual appropriation by the Legislature.

Added by Laws 1998, c. 292, § 11, eff. Nov. 1, 1998.

§69-501.  Classes of highways - Construction, repair, and maintenance - Removal from System - Maps.

A.  The highway system of this state shall be divided into two classes to be known as the State Highway System and county highway system.  The State Highway System shall be designated by the Commission and shall be composed of intercounty and interstate highways.

B.  When the Commission shall have taken over any highway, or part thereof, as a state highway, the Commission shall become responsible for the construction, repair and maintenance of such highway and for this purpose shall be authorized to use any state highway funds, together with any money derived from any agreement entered into between the Commission and the federal government, any county, or any citizen or group of citizens who have made donations for that purpose.

C.  When any segment of the State Highway System is removed from the system, all right, title, and interest to the road, right-of-way, and any signs or facilities shall revert to the appropriate county or municipal authority.  The Department of Transportation shall determine the specific right-of-way to be conveyed and prepare and execute a conveyance of title document which shall be forwarded to the local authority to be filed with the county clerk.

D.  Prior to returning a state highway back to the county highway system, the Oklahoma Department of Transportation shall make any necessary improvements to the road to meet the minimum design guidelines as set forth in the current State of Oklahoma County Road Design Guidelines Manual, and provide a driving surface that has no less than a good rating according to the current County Road Surface Management System.  Prior to returning a state highway bridge back to the County Bridge System, the Oklahoma Department of Transportation shall make any necessary improvements to the bridge so that it will achieve a minimum H-20 twenty (20) ton computed operating rating according to the National Bridge Inventory System and a Minimum Scour Rating of 3, NBI Item 113.

E.  The Commission shall provide and maintain a map of the state which shall show all the highways which have been designated as part of the State Highway System and, when practical, status of improvement thereon.  In addition, the Commission shall include on such map the principal access road to every city and town not served by the State Highway System and which has a United States Post Office or with a population in excess of one hundred (100) persons according to the latest Federal Decennial Census.

Added by Laws 1968, c. 415, § 501, operative July 1, 1968.  Amended by Laws 1970, c. 59, § 1, emerg. eff. March 16, 1970; Laws 1998, c. 73, § 1, eff. Nov. 1, 1998; Laws 1998, c. 206, § 1, eff. Nov. 1, 1998.

§69502.  Roads connecting public use areas, state parks, national parks and stateowned institutions with certain highways or streets  Roads within boundaries of state parks and memorials.

(a) The Commission, at its discretion, may designate and maintain as a part of the State Highway System any roads connecting public use areas, state parks, national parks and stateowned institutions of the State of Oklahoma with federal highways, state highways, county highways or municipal streets where the rightofway for the roads has been obtained and title thereto is in the State of Oklahoma or any agency thereof; and the Commission shall construct or maintain roads and highways within the boundaries of state parks and memorials.

(b) The Commission may use any state highway funds for the purpose of constructing, repairing and maintaining such roads.  Laws 1968, c. 415, Sec. 502, Laws 1970, c. 9, Sec. 1.

Laws 1968, c. 415, § 502, operative July 1, 1968; Laws 1970, c. 9, § 1.  

§69-502.1.  National Highway System connector route.

The Transportation Commission shall designate and maintain as part of the State Highway System any road accepted by the Federal Highway Administration as a National Highway System connector route to an intermodal port.  Such road shall not exceed one and one-half (1 1/2) miles in length.

Added by Laws 2001, c 399, § 7, emerg. eff. June 4, 2001.

§69503.  Notice before removal of highways from State Highway System.

Any highway designated as a state highway shall not be removed by the Commission from the State Highway System until notice in writing of intention to do so has been given to the State Senators and State Representatives of the respective districts which may be affected, thereby fixing a time for a public hearing thereon, which hearing shall be held not less than ten (10) days after the notice specified herein. Laws 1968, C. 415, Sec. 503.

Laws 1968, c. 415, § 503, operative July 1, 1968.  

§69504.  Maintenance of streets, roads and stateowned parking lots on Capitol grounds and adjacent lands.

A.  It shall be the duty of the Department of Transportation to maintain all streets, roads and stateowned parking lots, including all streets designated on the plat filed in the office of the Secretary of State as File No. 155 of the "State Property Records" and all streets within the boundaries of the "State Capitol Park" and the "Cowboy Hall of Fame Park" upon its establishment.

B.  The streets, roads and parking lots described in subsection A of this section shall constitute and be incorporated as a part of the State HighwaySystem, and the Commission is authorized to expend any money appropriated for the construction and maintenance of these highways, streets, roads and parking lots.

Laws 1968, c. 415, § 504, operative July 1, 1968; Laws 1981, c. 280, § 1, emerg. eff. June 26, 1981.  

§69505.  Title to removed bridge due to construction or reconstruction of state highway.

In the construction or reconstruction of a state highway, in the event it is necessary to remove any bridge structure, title to such bridge structure removed is in the State Highway Department regardless of the source of the funds from which said removed bridge was originally constructed. Laws 1970 C. 59, Sec. 2. Emerg. eff. March 16, 1970.

Laws 1970, c. 59, § 2, emerg. eff. March 16, 1970.  

§69601.  Authority and duties of county commissioners.

A.  The county highway system shall be composed of all public roads within any county, less any part of any road or roads which may be designated as a state highway by the State Transportation Commission.  It shall be the duty of the board of county commissioners in each county to construct and maintain as county highways those roads which best serve the most people of the county.  For this purpose the board of county commissioners is authorized to use any funds which are in the county highway fund, subject to statutory restrictions on the use of any of such funds, together with any money or item of value derived from any agreement entered into between the county and the Transportation Commission, the federal government, this state, any other county or political subdivision of this state or other governmental entity, or any citizen or group of citizens who have made donations for that purpose.  The boards of county commissioners of the various counties shall have exclusive jurisdiction over the designation, construction and maintenance and repair of all of the county highways and bridges therein.  All interlocal cooperation agreements made pursuant to this section between counties and those political subdivisions or citizens of a county shall be submitted to the district attorney of each of the counties subject to the agreement for approval.  All other interlocal cooperation agreements shall be submitted and approved in accordance with Sections 1001 through 1008 of Title 74 of the Oklahoma Statutes.

B.  The boards of county commissioners are hereby authorized to establish road improvement districts as provided by law for existing roads in the unincorporated areas of counties.  The boards of county commissioners may also have improvements made on existing roads in unincorporated areas of counties on a force account basis.

Added by Laws 1968, c. 415, § 601, operative July 1, 1968.  Amended by Laws 1978, c. 208, § 1, eff. Jan. 1, 1979; Laws 2000, c. 180, § 1, eff. Nov. 1, 2000.

§69601.1.  Plans and specifications for new roads and bridges

The board of county commissioners in each county may cause to be prepared, and may adopt by resolution, standard plans and specifications for the establishment and construction of new roads or bridges to be dedicated to the use and benefit of the public. Such roads or bridges must meet such specifications before being accepted and becoming public roads. Laws 1975, c. 239, Sec. 1. Emer. Eff. May 30, 1975.

Laws 1975, c. 239, § 1, emerg. eff. May 30, 1975.  

§69601.2.  Exemptions.

This act shall not apply to cities, towns, planning district or any other area where jurisdiction is otherwise vested by law in a political subdivision to establish standards for the dedication of roads or bridges. Laws 1975, c. 239, Sec. 2.  Emer. Eff. May 30, 1975.

Laws 1975, c. 239, § 2, emerg. eff. May 30, 1975.  

§69-601.3.  Adoption of annual priority plan and budget for construction of road, bridge, culvert and drainage projects - Amendment.

A.  On or before September 30 of each year the board of county commissioners shall adopt an annual priority plan and budget for the construction of road, bridge, culvert and drainage projects during the next federal fiscal year and the four (4) years succeeding the next federal fiscal year, based upon available existing and estimated future funds administered by the Department of Transportation for county bridges and roads.  The plan shall be filed by the board of county commissioners with the Department of Transportation and the county clerk.

B.  The board of county commissioners may amend annual priority plans and budgets, but any amendment shall be filed with the Department of Transportation and county clerk.

Added by Laws 1982, c. 311, § 2.  Amended by Laws 2005, c. 174, § 2, emerg. eff. May 16, 2005.

§69601.4.  Application of waste oil to streets and roads prohibited.

A.  Except as otherwise provided in this section, the practice of applying waste oil to any street or road in this state is hereby prohibited.  Upon authorization of the Corporation Commission and compliance with the provisions of this section, a board of county commissioners of any county in this state may apply waste oil to any street or road in the county.

B.  The Corporation Commission may issue authorization for the application of waste oil on any street or road in this state.  No authorization shall be issued except upon proper application and a showing by the county requesting such authorization that the use of waste oil on the street or road is necessary for the care, maintenance, and improvement of the street or road, that such activity is in the public interest, and that the procedure for the application of the waste oil shall be made in such a manner so as to protect any adjoining public or private property from damage and made in such a manner so as to prevent the pollution of surface and subsurface waters.

C.  The Corporation Commission shall promulgate rules and regulations which are necessary to protect, from damage, public and private property adjoining any street or road upon which waste oil is to be applied and prevent the pollution of surface and subsurface waters and which are reasonable and necessary to effectuate and enforce the provisions of this section including but not limited to the types of waste oil which may be used in such applications and when the application of the waste oil shall be made.  The Corporation Commission shall supervise the application of waste oil to ensure that such application is made in the manner required by the rules and regulations promulgated by the Commission pursuant to this section.

D.  Any person who authorizes the application of or applies waste oil to any street or road without authorization of the Corporation Commission or in violation of any rule or regulation of the Corporation Commission promulgated pursuant to this section shall be held personally liable.  A proven violation of the provisions of this section or of any rules or regulations promulgated thereto shall be punishable, in the first instance, by a fine not in excess of Two Thousand Five Hundred Dollars ($2,500.00). A second proven violation in any calendar year shall result in a fine not in excess of Five Thousand Dollars ($5,000.00).  A third proven violation in any calendar year shall result in a fine not in excess of Ten Thousand Dollars ($10,000.00) and suspension of authority for up to thirty (30) days.

E.  For the purpose of this section, "waste oil" includes crude petroleum oil or other hydrocarbons produced from or obtained or used in connection with the drilling, development, producing and processing of oil or any residue obtained from any oil storage facility.  The term waste oil shall not include any hydrocarbon to which lead has been added.

Added by Laws 1985, c. 340, § 1, emerg. eff. July 30, 1985.  

§69-601.5.  Maintenance or improvement of private roads for school bus turn-arounds.

In order to protect the health, safety and welfare of the children of this state, the board of county commissioners shall be authorized to enter onto private property adjoining county roads in order to perform maintenance or improvements to an existing private road when:

1.  The private road is used by a school bus to turn around;

2.  The available right-of-way does not provide enough space for the school bus to turn around without endangering the occupants of the school bus; and

3.  The owner of the private road agrees in writing to the necessary maintenance or improvements.

The maintenance or improvements to the private road shall be limited to the area necessary for the school bus to adequately turn around.

Added by Laws 1999, c. 341, § 8, eff. Nov. 1, 1999.

§69602.  State and county highways  Connection with city paving  Federal aid.

(a) A hard surfaced state or county highway may be extended into the corporate limits of a municipality to connect with the paving of such municipality under the following conditions:

(1) When any state or county highway within any county has been completed with hard surface to the limits of any municipality which maintains a system of street paving but none of the paved streets of which reach to or connect with such hard surfaced state or county highway; or

(2) When such paved streets are not at a greater distance than two (2) miles from such hard surfaced highway; or

(3) If the board of county commissioners of such county finds and so certifies of record that such municipality is unable to extend its paving to connect with such hard surfaced state or county highway by reason of the value of abutting real estate that would be liable for such paving being inadequate to sustain the cost thereof; or

(4) If it will be for the best interests of the citizens and residents of such county that such hard surfaced highways be connected with the paving in such municipality by a hard surfaced road.

(b) Provided, however, that the cost of such extension within such municipality as herein provided shall be borne by the county within which such municipality is located.

(c) Provided, further, that when federal aid may be obtained, the board of county commissioners shall take such action as will secure federal aid available for the construction of any hard surfaced road or street as authorized by this section.  Laws 1968 C. 415, Sec. 602.

Laws 1968, c. 415, § 602, operative July 1, 1968.  

§69603.  Contracts for grading, etc., of streets within incorporated cities or towns.

The board of county commissioners of any county may, under the direction of the Commission, contract for grading, draining or hardsurfacing any street within any municipality where such street is a continuation of or a connecting link in the State or county Highway System. Laws 1968 C. 415, Sec. 603.

Laws 1968, c. 415, § 603, operative July 1, 1968.  

§69-604.  Bonds authorized for roads and bridges - Procedure.

The board of county commissioners may issue bonds of its county for the purpose of building, constructing, repairing or acquiring bridges, and for building and constructing state or county roads and bridges; provided, the issuance of such bonds shall first be approved by not less than three-fifths (3/5) of the qualified voters of the county voting on the question at an election held for such purpose.  Such election shall be called and held, and the bonds shall be issued and sold, as in the case of bonds issued for the erection of county hospitals.

Added by Laws 1968, c. 415, § 604, operative July 1, 1968.

§69605.  Bridge contracts  Preliminary action.

Whenever the board of county commissioners shall determine to construct a permanent bridge or culvert, the engineer's estimated cost of which exceeds the sum of Ten Thousand Dollars ($10,000.00), it shall adopt a resolution of necessity, containing substantially the following matters, to wit:

(a) The location of such bridge or culvert, which location shall be so plainly pointed out that the same can easily be determined.

(b) The material of which such bridge or culvert is to be constructed.

(c) The approximate width of the roadway and depth of fill, if any, over the crown or floor of the bridge or culvert.

(d) The approximate length of span or arch of the bridge or culvert.

(e) The approximate area of the watershed to be drained through the bridge or culvert.

(f) The estimated cost of the bridge or culvert.

Laws 1968, c. 415, § 605, operative July 1, 1968; Laws 1979, c. 92, § 1, emerg. eff. April 24, 1979.  

§69606.  Bridges between adjoining counties.

The board of county commissioners of any two or more adjoining counties may unite in the construction of a bridge, or bridges, over any stream forming the boundary line between such counties or flowing from one county into the other, and the said bridge, or bridges, may be located by them at any point or points on the stream not more than two (2) miles from the boundary line of the counties. If the board of county commissioners of each county so situated finds that a bridge across the stream is necessary and approves its construction, it shall be the duty of the boards of county commissioners, and each of them, to at once proceed with the construction of the bridge. Such counties shall bear equally the cost of the construction of the bridge, or bridges; such construction shall be under the supervision of the boards of county commissioners, which boards shall act in conjunction in such construction; and the bridge, when so constructed, shall remain the property of such counties, respectively, and shall be jointly maintained by such counties. Laws 1968 C. 415, Sec. 606.

Laws 1968, c. 415, § 606, operative July 1, 1968.  

§69607.  Intercounty bridges  Proceedings (Boundary bridges).

(a) Whenever the public convenience justly demands it and the need thereof shall be appropriately signified, as herein provided, then the board of county commissioners must proceed as follows with respect to intercounty bridges across streams serving in whole or in part as a boundary between two counties: After the presentation in the case of a bridge to cost not over One Thousand Dollars ($1,000.00), of a petition signed by at least fifty taxpayers of each county; to cost from One Thousand Dollars ($1,000.00) to Ten Thousand Dollars ($10,000.00), by seventyfive taxpaying signers in each county; to cost more than Ten Thousand Dollars ($10,000.00), by one hundred taxpaying signers in each county, to the board of county commissioners, it may within one (1) year proceed to act and construct the bridge if such levy as may be required for this purpose may be made within the constitutional limitation as to tax levies; and such petitions or actions, at whatever stage, shall bind and have equal force with the successors in office to those Commissioners originally receiving it.  The cost of the bridge shall be apportioned between the counties upon the basis of their total valuation, unless the boards of county commissioners in the exercise of sound judgment shall agree to apportion it otherwise.

(b) The above proceeding shall not apply in the case of intercounty bridges where the total span is two hundred (200) feet or more, including approaches thereto of timber work or any material other than earth embankment, if there is another bridge of substantially equal size and importance over the same stream within six (6) miles of the proposed location.  Laws 1968, c. 415, Sec. 607.

B

Laws 1968, c. 415, § 607, operative July 1, 1968.  

§69608.  Repair of bridges, payment for by county.

The board of county commissioners may pay for the reconstruction or repairing of such county bridges as have been damaged or destroyed by floods.  Provided, that the authority granted by this section shall apply only to claims for repairing or reconstructing bridges previously owned by the county on the same site.  Laws 1968, c. 415, Sec. 608.

Laws 1968, c. 415, § 608, operative July 1, 1968.  

§69609.  Allowance of accounts for repair or reconstruction of bridges.

The accounts for repairing or reconstructing such bridges destroyed or damaged shall be filed and allowed by the board of county commissioners upon accounts itemized and verified by affidavit as in other cases. Laws 1968 C. 415, Sec. 609.

Laws 1968, c. 415, § 609, operative July 1, 1968.  

§69610.  Joint construction of bridges by county, city and public service corporation.

Any county, by act of the board of county commissioners, and any municipality within such county, by a majority of its governing board, and any public service corporation organized under the laws of the State of Oklahoma, may all or either of them jointly contract for the construction and maintenance of bridges across streams running through such county. Laws 1968 C. 415, Sec. 610.

Laws 1968, c. 415, § 610, operative July 1, 1968.  

§69611.  Contracts for bridges with public service corporations authorized  Bond issue  Tax levy.

Any public service corporation organized under the laws of the State of Oklahoma may jointly contract with any municipality, county, or citizen of same, for the joint construction, maintenance, ownership and use of any bridge or bridge approaches over and across any stream, river, or creek, and any such public service corporation may contract with any municipality or county for the purchase of such bridge and for the joint ownership and use thereof by the public service corporation and the public; and the several parties so interested may contract and set aside the part of such bridge or bridges and approaches to be used or maintained by each, and such municipality or county may issue and sell bonds, or levy taxes, to pay for construction or purchase of such bridge or bridges, or interest therein, the same as bonds are issued or taxes levied for other bridge purposes. Laws 1968 C. 415, Sec. 611.

Laws 1968, c. 415, § 611, operative July 1, 1968.  

§69612.  Bonds for bridges jointly constructed between county and municipality.

When the cost of such construction is apportioned respectively between the county and municipality, bonds may be voted for the same in like manner and form as otherwise provided by law for the construction of a bridge in its entirety by the county and municipality, respectively. Laws 1968 C. 415, Sec. 612.

Laws 1968, c. 415, § 612, operative July 1, 1968.  

§69613.  Working convicts on county highways  Duties of officers.

The board of county commissioners of any county shall have authority to work any convicts confined in the county jail, either as punishment for crime or in lieu of payment of fine and costs, upon public highways in the county, and to employ such guards and other assistants as may be required.  It shall be the duty of the sheriff, upon the order of the board of county commissioners, to deliver, to any person authorized to receive them for work, upon public highways, any persons sentenced and confined in the county jail either as punishment for crime or in lieu of payment of fine and costs.  Laws 1968 C. 415, Sec. 613.

Laws 1968, c. 415, § 613, operative July 1, 1968.  

§69614.  Convicts on rock pile or other public work.

When, in the judgment of the board of county commissioners, the expense of working the convicts upon the public highways is too great, on account of the small number thereof, or for any other reason, then it shall have authority to provide all necessary apparatus for working of such convicts upon a rock pile, or rock crusher, for the purpose of providing material for use upon the public highways of the county.  Such authority shall be exercised in the same manner as is provided in the preceding section for the working of convicts upon the public highways, and the board of county commissioners shall have full authority as to how and where such materials shall be used; provided, it shall use same for no other purpose than the betterment of the public highways in the county; provided, further, that in any county where the working of convicts upon a rock pile, or rock crusher, is found impractical for any reason, then the board of county commissioners may provide for the working of the convicts upon any public work in which the county has an interest.  Laws 1968, c. 415, Sec. 614.

Laws 1968, c. 415, § 614, operative July 1, 1968.  

§69615.  Convicts to perform road work  Credit for work  Authority of road supervisors.

Any person in this state convicted of a crime who, as a result of such conviction, is confined as a prisoner in a county jail of any county may, at the discretion of the board of county commissioners of such county in which the jail is located, be required by the board of county commissioners to perform road work on the public highways of the county and upon the streets of any municipality located in the county.  When such prisoner shall perform the road work in a satisfactory manner, under the supervision of any road supervisor of the county or municipality having jurisdiction over the person, the prisoner shall be entitled to two (2) day's credit on his time in the jail for each day consisting of eight (8) hours of road work performed by the person and he shall be recorded as having served two (2) days in the jail on his judgment and sentence. Any road supervisor having under his supervision any prisoner or prisoners for the purpose of performing road work, as herein provided, shall be deputized as a deputy sheriff or special police officer with full authority of law as deputy sheriff or police officer for the purpose of properly carrying out the provisions of this section and shall be responsible under the law in the same manner as other officers are responsible for safekeeping of prisoners and shall be subject to the same penalties. Laws 1968 C. 415, Sec. 615.

Laws 1968, c. 415, § 615, operative July 1, 1968.  

§69616.  Supplies for convicts doing road work.

The board of county commissioners shall purchase supplies for feeding and maintaining county convicts while at work, from the lowest and best bidder, after reasonable public notice shall have been given. No contract for furnishing supplies at a higher price than the ordinary selling price of the articles furnished shall be valid. Laws 1968 C. 415, Sec. 616.

Laws 1968, c. 415, § 616, operative July 1, 1968.  

§69617.  Food for convicts  Medical attention.

The board of county commissioners shall furnish wholesome food in sufficient quantity and variety to all convicts working upon the public roads to maintain them in good health and vigor, and shall furnish medical attention when required in accordance with the standards promulgated pursuant to Section 192 of Title 74 of the Oklahoma Statutes.

Added by Laws 1968, c. 415, § 617, operative July 1, 1968.  Amended by Laws 1978, c. 244, § 28, eff. July 1, 1978.

§69618.  Other service may be required of convicts.

Any of the convicts whether male or female, mentioned in the preceding sections may be required to perform service in or around the county jail or other place of confinement, or at any camp or commissary where convicts are kept or fed.  Laws 1968 C.  415, Sec. 618.

Laws 1968, c. 415, § 618, operative July 1, 1968.  

§69619.  City and town prisoners employed by counties  Credit for work.

The boards of county commissioners of the several counties of the state shall have authority to receive by agreement with the governing board of any municipality, the prisoners of the municipality, who have been sentenced to imprisonment in the municipality's jail, either as punishment or in lieu of payment of fine and costs for the violation of any municipal ordinance, and such board of county commissioners shall have authority to work any such prisoners on the public highways or upon a rock pile, or rock crusher, for the purpose of providing material for use upon public highways or any public institution of such county, or upon any public work in which the county is interested.  Any such person so imprisoned for nonpayment of fine and costs shall receive credit upon his or her fine and costs of One Dollar ($1.00) for each day so confined in prison or worked upon the public highways, rock pile, rock crusher, or other public work; provided, the board of county commissioners shall not pay for the services of such prisoners, except the cost of their transportation and maintenance.  Laws 1968, c. 415, Sec. 619.

Laws 1968, c. 415, § 619, operative July 1, 1968.  

§69620.  Unexpended funds  Transfer to other road projects.

Whenever there remains in the State Treasury to the credit of the Commission, in the account of any county in this state, an unexpended balance of any special fund, being an amount in excess of the contract price of any federal aid road or bridge project and the purpose for which it was created has been fully observed, and there remains no further use for such balance, the Commission shall make a certificate to the board of county commissioners of the county showing the amount of the balance, and it shall then be lawful for the board of county commissioners, by resolution, to transfer such balance to any other federal aid road or bridge project of the county.  Laws 1968, c. 415, Sec. 620.

Laws 1968, c. 415, § 620, operative July 1, 1968.  

§69621.  Maintenance and construction between counties  Division of roads.

All county highways on county lines in this state shall be maintained and constructed by the counties adjoining.  It shall be the duty of the board of county commissioners of each of the counties between which such roads are located to divide the roads on such county line into two parts or sections as nearly as practicable, giving due consideration to the difference of cost of constructing and maintaining each section, agreeing between themselves that each county shall undertake the work of constructing and maintaining one of the two sections. Laws 1968 C. 415, Sec. 621.

Laws 1968, c. 415, § 621, operative July 1, 1968.  

§69622.  Duties of counties to maintain roads  Expenditures  Division of roads.

(a) It shall be the duty of each board of county commissioners to maintain the section of each county line road assigned to it by the aforesaid agreement.  The expenditures on such roads shall be governed by the laws relating to expenditures by boards of county commissioners as expenditures on roads within the boundaries of such counties.

(b) Provided, that when the board of county commissioners of any county is notified by the Board of an adjoining county that an agreement relating to division of county line roads as provided in the preceding section is desired, the boards shall within thirty (30) days of such notice proceed with the division in the manner agreed upon between the respective boards.  Laws 1968, c. 415, Sec. 622.

Laws 1968, c. 415, § 622, operative July 1, 1968.  

§69623.  Division when counties fail to agree.

Should the boards of county commissioners fail to agree upon an equitable division of such roads or upon the expense of maintenance and construction of such roads after the division has been