Title 69. Roads Bridges and Ferries
§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. Repealed by Laws 2007, c. 93, § 10, eff. Nov. 1, 2007.
§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