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An Act
ENROLLED SENATE
BILL NO. 375 By: Frix of the Senate
and
Johns of the House
An Act relating to state beneficiary public trusts;
amending 47 O.S. 2021, Section 2-108.1, which relates
to interlocal agreements; allowing the Commissioner
of Public Safety to enter into interlocal agreements
with state beneficiary public trusts for certain
purpose; amending 47 O.S. 2021, Section 2-117, which
relates to the police authority of the Department of
Public Safety; granting officers of the Department of
Public Safety certain authority on certain roads
owned by state beneficiary public trusts; amending 47
O.S. 2021, Section 11-801, which relates to speed
restrictions; providing for speed restrictions on
certain roads owned by state beneficiary public
trusts; amending 60 O.S. 2021, Section 176, as
amended by Section 1, Chapter 120, O.S.L. 2022 (60
O.S. Supp. 2024, Section 176), which relates to
trusts for the benefit of the state county or
municipality; allowing boards of trustees of state
beneficiary public trusts to take certain action;
updating statutory language; updating statutory
references; and providing an effective date.
SUBJECT: Public safety interlocal agreements
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 2-108.1, is
amended to read as follows:
Section 2-108.1. The Commissioner of Public Safety may enter
into interlocal agreements with any other government agency or any
ENR. S. B. NO. 375 Page 2
state educational institution which that is a member of The Oklahoma
State System of Higher Education, as prescribed in Section 3201 of
Title 70 of the Oklahoma Statutes, for the use of space for the
purpose of providing governmental services as required by law of the
Department of Public Safety, or with a state beneficiary public
trust regarding policing and setting speed limits on roads located
on lands owned by the trust. Such agreements shall be exempt from
The the Oklahoma Central Purchasing Act, and Sections 63, and 94 of
Title 74 of the Oklahoma Statutes and subsection C of Section 129.4
327 of Title 74 61 of the Oklahoma Statutes.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 2-117, is
amended to read as follows:
Section 2-117. A. The Commissioner of Public Safety and each
officer of the Department of Public Safety, as designated and
commissioned by the Commissioner, are hereby declared to be peace
officers of the State of Oklahoma this state and shall be so deemed
and taken in all courts having jurisdiction of offenses against the
laws of the state. Such officers shall have the powers and
authority now and hereafter vested by law in other peace officers,
including the right and power of search and seizure, except the
serving or execution of civil process, and the right and power to
investigate and prevent crime and to enforce the criminal laws of
this state.
B. In addition to the powers and authority prescribed in
subsection A of this section, the officers of the Department shall
have the following authority, responsibilities, powers, and duties:
1. To enforce the provisions of this title and any other law
regulating the operation of vehicles or the use of the highways or
the use of roads located on lands owned by a state beneficiary
public trust, including, but not limited to, the Motor Carriers Act
of this state, or any other laws of this state by the direction of
the Governor;
2. To arrest without writ, rule, order, or process any person
detected by them in the act of violating any law of the state;
3. When the officer is in pursuit of a violator or suspected
violator and is unable to arrest such violator or suspected violator
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within the limits of the jurisdiction of the Oklahoma Highway Patrol
Division, to continue in pursuit of such violator or suspected
violator into whatever part of the state may be reasonably necessary
to effect the apprehension and arrest of the same, and to arrest
such violator or suspected violator wherever the violator may be
overtaken;
4. To assist in the location of stolen property, including
livestock and poultry or the carcasses thereof, and to make any
inspection necessary of any truck, trailer, or contents thereof in
connection therewith;
5. At all times to direct all traffic in conformance with law
and, in the event of a fire, or other emergency, or to expedite
traffic, or to insure safety, to direct traffic as conditions may
require, notwithstanding the provisions of law;
6. To require satisfactory proof of ownership of the contents
of any motor vehicle, including livestock, poultry, or the carcasses
thereof. In the event that the proof of ownership is not
satisfactory, it shall be the duty of the officer to take the motor
vehicle, driver, and the contents of the motor vehicle into custody
and deliver the same to the sheriff of the county wherein the cargo,
motor vehicle, and driver are taken into custody;
7. When on duty, upon reasonable belief that any vehicle is
being operated in violation of any provisions of this title, or any
other law regulating the operation of vehicles, to require the
driver thereof to stop and exhibit his or her driver license and the
certificate of registration issued for the vehicle, if required to
be carried in the vehicle pursuant to paragraph 3 of subsection A
the provisions of Section 1113 of this title, and submit to an
inspection of such vehicle, the license plates, and certificate of
registration thereon, if applicable, or to any inspection and test
of the equipment of such vehicle;
8. To inspect any vehicle of a type required to be registered
hereunder in any public garage or repair shop or in any place where
such vehicles are held for sale or wrecking, for the purpose of
locating stolen vehicles and investigating the title and
registration thereof;
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9. To serve all warrants relating to the enforcement of the
laws regulating the operation of vehicles or the use of the highways
and bench warrants issued for nonpayment of fines and costs for
moving traffic violations;
10. To investigate and report traffic collisions on all
interstate and defense highways and on all highways outside of
incorporated municipalities, and may investigate traffic collisions
within any incorporated municipality upon request of the local law
enforcement agency, and to secure testimony of witnesses or of
persons involved;
11. To investigate reported thefts of motor vehicles, trailers,
and semitrailers;
12. To stop and inspect any motor vehicle or trailer for such
mechanical tests as may be prescribed by the Commissioner to
determine the roadworthiness of the vehicle. Any vehicle which may
be found to be unsafe for use on the highways may be ordered removed
from said the highway until such alterations or repairs have been
made that will render said the vehicle serviceable for use on the
highway;
13. To stop and inspect the contents of all motor vehicles to
ascertain whether or not the provisions of all general laws are
being observed;
14. To enforce the laws of the state relating to the
registration and licensing of motor vehicles;
15. To enforce the laws relating to the operation and use of
vehicles on the highway;
16. To enforce and prevent, on the roads of the state highway
system, the violation of the laws relating to the size, weight, and
speed of commercial motor vehicles and all laws designed for the
protection of the highway pavements and structures on such highways;
17. To investigate and report to the Corporation Commission and
the Oklahoma Tax Commission any violation of their rules and the
laws governing the transportation of persons and property by motor
transportation companies and all other motor carriers for hire;
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18. To investigate and report violations of all laws relating
to the collection of excise taxes on motor vehicle fuels;
19. To regulate the movement of traffic on the roads of the
state highway system;
20. Whenever possible, to determine persons causing or
responsible for the breaking, damaging, or destruction of any
improved surfaced roadway, structure, sign, marker, guardrail, or
any other appurtenance constructed or maintained by the Department
of Transportation, and to arrest persons responsible thereof and to
bring them before the proper officials for prosecution;
21. To investigate incidents involving an employee of the
Department of Public Safety, when such incidents are related to the
performance of the duties of the employee; and
22. To initiate or assist in manhunts and fugitive
apprehensions.
C. Whenever any person is arrested by a patrol officer for a
traffic violation, the provisions of Sections 16-101 through 16-114
of this title shall apply.
D. 1. Except as provided in this subsection, the powers and
duties conferred on the Commissioner and officers of the Department
of Public Safety shall not limit the powers and duties of sheriffs
or other peace officers of the state or any political subdivision of
the state.
2. The Oklahoma Highway Patrol Division shall have primary law
enforcement authority respecting traffic-related offenses upon the
National System of Interstate and Defense Highways, and may have
special law enforcement authority on those portions of the federal-
aid primary highways and the state highway system which are located
within the boundaries and on the outskirts of a municipality, and
designated by the Commissioner of Public Safety for such special law
enforcement authority. As used in this subsection, “outskirts of a
municipality” means and shall be determined by presence of the
following factors:
ENR. S. B. NO. 375 Page 6
a. low land use density,
b. absence of any school or residential subdivision
requiring direct ingress or egress from the highway,
and
c. a scarcity of retail or commercial business abutting
the highway.
3. The Commissioner may designate any portion of the National
System of Interstate and Defense Highways, and those portions of the
federal-aid primary highways and the state highway system which are
located within the boundaries of and on the outskirts of a
municipality, for special traffic-related enforcement by the
Oklahoma Highway Patrol Division and issue a written notice to any
other law enforcement agency affected thereby. Upon receipt of such
notice, the affected law enforcement agency shall not regulate
traffic nor enforce traffic-related statutes or ordinances upon such
designated portion of the National System of Interstate and Defense
Highways or such designated portions of the federal-aid primary
highways and the state highway system without prior coordination and
written approval of the Commissioner.
E. 1. Any of the following persons may request the
Commissioner to investigate the traffic-related enforcement
practices of a municipal law enforcement agency whose jurisdiction
includes portions of the federal-aid primary highways, the state
highway system, or both located within the boundaries of and or on
the outskirts of the municipality:
a. the district attorney in whose jurisdiction the
municipality is located,
b. a majority of the county commissioners, by resolution,
of the county in which the municipality is located,
c. the State Auditor and Inspector,
d. the State Attorney General, or
e. a state legislator in whose district the municipality
is located.
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2. The request shall state that the requesting party believes
the enforcement practices are being conducted:
a. within the boundaries of and or on the outskirts of
the municipality, and
b. for the purpose of generating more than fifty percent
(50%) of the revenue needed for the operation of the
municipality.
3. Upon receipt of a request pursuant to this subsection, the
Commissioner may investigate the traffic-related enforcement
practices of the municipal law enforcement agency and the receipts
and expenditures of the municipality. The law enforcement agency,
the municipality, and the requesting party shall cooperate fully
with the Commissioner in such an investigation. Upon the completion
of the investigation, the Commissioner shall submit a report of the
results of the investigation to the Attorney General, who shall make
a determination within sixty (60) days of receipt of the report as
to whether the enforcement practices of the municipal law
enforcement agency are being conducted as provided in subparagraphs
a and b of paragraph 2 of this subsection. Upon a determination
that the enforcement practices are not being conducted in such a
manner, the Attorney General shall notify the Commissioner in
writing, and the Commissioner shall take no action to make a
designation as provided in paragraph 3 of subsection D of this
section. Upon a determination that the enforcement practices are
being conducted as provided in subparagraphs a and b of paragraph 2
of this subsection, the Attorney General shall notify the
Commissioner in writing, and the Commissioner shall make the
designation of special traffic-related enforcement as provided in
paragraph 3 of subsection D of this section, which shall stay in
force for such time as determined by the Commissioner. The
Department of Public Safety shall adopt rules to uniformly implement
the procedures for initiating, investigating, and reporting to the
Attorney General the results of a request under the provisions of
this subsection and the criteria for determining the length of time
the designation of special traffic-related enforcement shall be in
force.
ENR. S. B. NO. 375 Page 8
F. Nothing in this section shall limit a member of the Oklahoma
Highway Patrol Division from requesting assistance from any other
law enforcement agency nor limit officers of such agency from
rendering the requested assistance. The officer and the law
enforcement agency responding to the request of the member of the
Oklahoma Highway Patrol Division or sheriff’s department shall have
the same rights and immunities as are possessed by the Oklahoma
Highway Patrol Division.
G. No state official shall have any power, right, or authority
to command, order, or direct any commissioned law enforcement
officer of the Department of Public Safety to perform any duty or
service contrary to the provisions of this title or any other laws
of this state.
SECTION 3. AMENDATORY 47 O.S. 2021, Section 11-801, is
amended to read as follows:
Section 11-801. A. Any person driving a vehicle on a highway
shall drive the same at a careful and prudent speed not greater than
nor less than is reasonable and proper, having due regard to the
traffic, surface, and width of the highway and any other conditions
then existing. No person shall drive any vehicle upon a highway at
a speed greater than will permit the driver to bring it to a stop
within the assured clear distance ahead.
B. Except when a special hazard exists that requires lower
speed for compliance with subsection A of this section, the limits
specified by law or established as hereinafter authorized shall be
maximum lawful speeds, and no person shall drive a vehicle on a
highway at a speed in excess of the following maximum limits:
1. On a highway or, part of a highway, or on roads located on
lands owned by a state beneficiary public trust, unless otherwise
established in law, a speed established by the Department of
Transportation on the basis of engineering and traffic
investigations used to determine the speed that is reasonable and
safe under the conditions found to exist on the highway or, part of
the highway, or road;
2. For a school bus, fifty-five (55) miles per hour on paved
two-lane roads except on the state highway system, the interstate
ENR. S. B. NO. 375 Page 9
highway system, and the turnpike system where the maximum shall be
sixty-five (65) miles per hour;
3. On any highway outside of a municipality in a properly
marked school zone, twenty-five (25) miles per hour, during certain
times as provided in Section 11-806.1 of this title and provided the
zone is marked with appropriate warning signs placed in accordance
with the latest edition of the Manual on Uniform Traffic Control
Devices for Streets and Highways. The Department of Transportation
may determine on the basis of an engineering and traffic
investigation that a speed limit higher than twenty-five (25) miles
per hour may be reasonable and safe under conditions as they exist
upon a highway, and post an alternative school zone speed limit.
The Department shall mark such school zones, or entrances and exits
onto highways by buses or students, so that the maximum speed
provided by this section paragraph shall be established therein.
Exits and entrances to controlled-access highways which are within
such school zones shall be marked in the same manner as other
highways. The county commissioners shall mark such school zones
along the county roads so that the maximum speed provided by this
section paragraph shall be established therein. The signs may be
either permanent or temporary. The Department shall give priority
over all other signing projects to the foregoing duty to mark school
zones. The Department shall also provide other safety devices for
school zones which are needed in the opinion of the Department;
4. Twenty-five (25) miles per hour or a posted alternative
school zone speed limit through state schools located on the state-
owned land adjoining or outside the limits of a corporate city or
town where a state educational institution is established;
5. Thirty-five (35) miles per hour on a highway in any state
park or wildlife refuge. Provided, however, that the provisions of
this paragraph shall not include the State Capitol park Park area,
and no person shall drive any vehicle at a rate of speed in excess
of fifty-five (55) miles per hour on any state or federal designated
highway within such areas; and
6. For any vehicle or combination of vehicles with solid rubber
or metal tires, ten (10) miles per hour.
ENR. S. B. NO. 375 Page 10
The maximum speed limits set forth in this section may be
altered as authorized in Sections 11-802 and 11-803 of this title.
C. The Transportation Commission is hereby authorized to
prescribe maximum and minimum speeds for all vehicles and any
combinations of vehicles using controlled-access highways. Such
regulations shall become effective after signs have been posted on
these highways giving notice thereof. Such regulations may apply to
an entirely controlled-access highway or to selected sections
thereof as may be designated by the Transportation Commission. A
speed limit of seventy-five (75) miles per hour may be set in
locations comprising rural segments of the interstate highway system
by the Transportation Commission; provided, however, that speed is
determined to be safe and reasonable after a traffic or engineering
study has been completed by the Department. It shall be a violation
of this section to drive any vehicle at a faster rate of speed than
such prescribed maximum or at a slower rate of speed than such
prescribed minimum. However, all vehicles shall at all times
conform to the limits set forth in subsection A of this section.
Copies of such regulations certified as in effect on any
particular date by the Secretary of the Transportation Commission
shall be accepted as evidence in any court in this state. Whenever
changes have been made in speed zones, copies of such regulations
shall be filed with the Commissioner of Public Safety.
D. The Oklahoma Turnpike Authority is hereby authorized to
prescribe maximum and minimum speeds for trucks, buses and
automobiles using turnpikes; provided, however, a speed limit of
eighty (80) miles per hour may be set in locations comprising the
turnpike system, as may be approved by the Authority. The
regulation pertaining to automobiles shall apply to all vehicles not
commonly classified as either trucks or buses. Such regulations
shall become effective only after approval by the Commissioner of
Public Safety, and after signs have been posted on the turnpike
giving notice thereof. Such regulations may apply to an entire
turnpike project or to selected sections thereof as may be
designated by the Oklahoma Turnpike Authority. It shall be a
violation of this section to drive a vehicle at a faster rate of
speed than such prescribed maximum speed or at a slower rate of
speed than such prescribed minimum speed. However, all vehicles
ENR. S. B. NO. 375 Page 11
shall at all times conform to the requirements of subsection A of
this section.
Copies of such regulations, certified as in effect on any
particular date by the Secretary of the Oklahoma Turnpike Authority,
shall be accepted in evidence in any court in this state.
E. The driver of every vehicle shall, consistent with the
requirements of subsection A of this section, drive at an
appropriate reduced speed when approaching and crossing an
intersection or railway grade crossing, when approaching and going
around a curve, when approaching a hillcrest, when driving upon any
narrow or winding roadway, and when special hazard exists with
respect to pedestrians or other traffic, or by reason of weather or
highway conditions. The Oklahoma Department of Transportation and
the Oklahoma Turnpike Authority may post, by changeable message sign
or other appropriate sign, a temporary reduced speed limit for
maintenance operations or when special hazards with respect to
pedestrians, other traffic, an accident, by reason of weather, or
when other hazardous highway conditions exist.
F. 1. No person shall drive a vehicle on a county road at a
speed in excess of fifty-five (55) miles per hour unless posted
otherwise by the board of county commissioners, as provided in
subparagraphs a through c of this paragraph, as follows:
a. the board of county commissioners may determine, by
resolution, a maximum speed limit which shall apply to
all county roads which are not otherwise posted for
speed,
b. the board of county commissioners shall provide public
notice of the speed limit on all nonposted roads by
publication in a newspaper of general circulation in
the county. The notice shall be published once weekly
for a period of four (4) continuous weeks, and
c. the board of county commissioners shall forward the
resolution to the Director of the Department and to
the Commissioner of Public Safety.
ENR. S. B. NO. 375 Page 12
2. The Department shall post speed limit information, as
determined pursuant to the provisions of subparagraphs a through c
of paragraph 1 of this subsection, on the county line marker where
any state highway enters a county and at all off-ramps where
interstate highways or turnpikes enter a county. The signs shall
read as follows:
ENTERING __________ COUNTY
COUNTY ROAD SPEED LIMIT
_____ MPH
UNLESS POSTED OTHERWISE
The appropriate board of county commissioners shall reimburse
the Department the full cost of the signage required herein.
G. Any person convicted of a speeding violation pursuant to
subsection B or F of this section shall be punished by a fine as
follows:
1. One (1) to ten (10) miles per hour over the speed limit as
provided for in Section 11-801e of this title,;
2. Eleven (11) to fifteen (15) miles per hour
over the limit.............................................$20.00
3. Sixteen (16) to twenty (20) miles per hour
over the limit.............................................$35.00
4. Twenty-one (21) to twenty-five (25) miles per
hour over the limit........................................$75.00
5. Twenty-six (26) to thirty (30) miles per hour
over the limit............................................$135.00
6. Thirty-one (31) to thirty-five (35) miles per
hour over the limit.......................................$155.00
7. Thirty-six (36) miles per hour or more over
the limit.................................................$205.00
ENR. S. B. NO. 375 Page 13
or by imprisonment for not more than ten (10) days; for a second
conviction within one (1) year after the first conviction, by
imprisonment for not more than twenty (20) days; and upon a third or
subsequent conviction within one (1) year after the first
conviction, by imprisonment for not more than six (6) months, or by
both such fine and imprisonment.
SECTION 4. AMENDATORY 60 O.S. 2021, Section 176, as
amended by Section 1, Chapter 120, O.S.L. 2022 (60 O.S. Supp. 2024,
Section 176), is amended to read as follows:
Section 176. A. Express trusts may be created to issue
obligations, enter into financing arrangements including, but not
limited to, lease-leaseback, sale-leaseback, interest rate swaps,
and other similar transactions and to provide funds for the
furtherance and accomplishment of any authorized and proper public
function or purpose of the state or of any county or municipality or
any and all combinations thereof, in real or personal property, or
either or both, or in any estate or interest in either or both, with
the state, or any county or municipality or any and all combinations
thereof, as the beneficiary thereof by:
1. The express approval of the Legislature and the Governor if
the State of Oklahoma is the beneficiary;
2. The express approval of two-thirds (2/3) of the membership
of the governing body of the beneficiary if a county is a
beneficiary;
3. The express approval of two-thirds (2/3) of the membership
of the governing body of the beneficiary if a municipality is a
beneficiary; or
4. The express approval of two-thirds (2/3) of the membership
of the governing body of each beneficiary in the event a trust has
more than one beneficiary; provided, that no funds of a beneficiary
derived from sources other than the trust property, or the operation
thereof, shall be charged with or expended for the execution of the
trust, except by express action of the legislative authority of the
beneficiary prior to the charging or expending of the funds. The
officers or any other governmental agencies or authorities having
ENR. S. B. NO. 375 Page 14
the custody, management, or control of any property, real or
personal or mixed, of the beneficiary of the trust, or of a proposed
trust, which property shall be needful for the execution of the
trust purposes, are authorized and empowered to lease the property
for those purposes, after the acceptance of the beneficial interest
therein by the beneficiary as hereinafter provided.
B. Any trust created pursuant to the provisions of this
section, in whole or in part, may engage in activities outside of
the geographic boundaries of its beneficiary, so long as the
activity provides a benefit to a large class of the public within
the beneficiary’s geographic area or lessens the burdens of
government of the beneficiary and which does not solely provide a
benefit by generating administrative fees.
C. A municipality may convey title to real property which is
used for an airport to the trustees of an industrial development
authority trust whose beneficiary is the municipality. The
industrial development authority trust must already have the
custody, management, or control of the real property. The
conveyance must be approved by a majority of the governing body of
the municipality. A conveyance pursuant to this section may be made
only for the sole purpose of allowing the authority to sell the
property for fair market value when the property is to be used for
industrial development purposes. Conveyances made pursuant to this
subsection shall be made subject to any existing reversionary
interest or other restrictions burdening the property and subject to
any reversionary interest or other restriction considered prudent by
the municipality.
D. The trustees of a public trust having the State of Oklahoma
as beneficiary shall make and adopt bylaws for the due and orderly
administration and regulation of the affairs of the public trust.
All bylaws of a public trust having the State of Oklahoma as
beneficiary shall be submitted in writing to the Governor of the
State of Oklahoma. The Governor must approve the proposed bylaws
before they take effect.
E. No public trust in which the State of Oklahoma is the
beneficiary may be amended without a two-thirds (2/3) vote of
approval of the trustees of the trust; provided, that any amendment
is subject to the approval of the Governor of the State of Oklahoma.
ENR. S. B. NO. 375 Page 15
Any amendments shall be sent to the Governor within fifteen (15)
days of their adoption.
F. No trust in which a county or municipality is the
beneficiary shall hereafter create an indebtedness or obligation
until the indebtedness or obligation has been approved by a two-
thirds (2/3) vote of the governing body of the beneficiary. In the
event a trust has more than one beneficiary, as authorized by this
section, the trust shall not incur an indebtedness or obligation
until the indebtedness or obligation has been approved by a two-
thirds (2/3) vote of the governing body of two-thirds (2/3) of the
beneficiaries of the trust. Provided, however, a municipality with
a governing body consisting of fewer than seven (7) members shall be
required to approve the creation of an indebtedness or obligation
under this subsection by a three-fifths (3/5) vote of the governing
body.
G. All bonds described in subsection F of this section, after
December 1, 1976, except bonds sold to the federal government or any
agency thereof or to any agency of the State of Oklahoma, shall be
awarded to the lowest and best bidder based upon open competitive
public offering, advertised at least once a week for two (2)
successive weeks in a newspaper of general circulation in the county
where the principal office of the trust is located prior to the date
on which bids are received and opened; provided, competitive bidding
may be waived on bond issues with the approval of three-fourths
(3/4) of the trustees, unless the trust has fewer than four
trustees, in which case a two-thirds (2/3) approval shall be
required, and a three-fourths (3/4) vote of the governing body of
the beneficiary, unless the beneficiary is a county in which case a
two-thirds (2/3) vote of the members of the governing body shall be
required, or three-fourths (3/4) vote of the governing bodies of
each of the beneficiaries of the trust, unless one of the
beneficiaries is a county in which case a two-thirds (2/3) vote of
the members of the governing body of such county shall be required.
No bonds shall be sold for less than par value, except upon approval
of three-fourths (3/4) of the trustees, unless the beneficiary is a
county in which case a two-thirds (2/3) vote of the members of the
governing body shall be required. In no event shall bonds be sold
for less than sixty-five percent (65%) of par value; provided,
however, in no event shall the original purchaser from the issuer of
any bonds issued by any public trust for any purpose receive
ENR. S. B. NO. 375 Page 16
directly or indirectly any fees, compensation, or other remuneration
in excess of four percent (4%) of the price paid for the bonds by
the purchaser of the bonds from the original purchaser; and further
provided, that the average coupon rate thereon shall in no event
exceed fourteen percent (14%) per annum. No public trust shall sell
bonds for less than ninety-six percent (96%) of par value until the
public trust has received from the underwriter or financial advisor
or, in the absence of an underwriter or financial advisor, the
initial purchaser of the bonds, an estimated alternative financing
structure or structures showing the estimated total interest and
principal cost of each alternative. At least one alternative
financing structure shall include bonds sold to the public at par.
Any estimates shall be considered a public record of the public
trust. Bonds, notes, or other evidences of indebtedness issued by
any public trust shall be eligible for purchase by any state banking
association or corporation subject to such limitations as to
investment quality as may be imposed by regulations, rules, or
rulings of the State Banking Bank Commissioner.
H. Public trusts created pursuant to this section shall file
annually, with their respective beneficiaries, copies of financial
documents and reports sufficient to demonstrate the fiscal activity
of such trust including, but not limited to, budgets, financial
reports, bond indentures, and audits. Amendments to the adopted
budget shall be approved by the trustees of the public trust and
recorded as such in the official minutes of such trust.
I. Public construction contracts as defined by provided in the
Public Competitive Bidding Act of 1974 shall be subject to the
Public Competitive Bidding Act of 1974 and the Fair Pay for
Construction Act, where applicable. The provisions of this
subsection shall not apply to contracts of industrial and cultural
trusts.
J. Any public trust created pursuant to the provisions of this
section shall have the power to acquire lands by use of eminent
domain in the same manner and according to the procedures provided
for in Sections 51 through 65 66 of Title 66 of the Oklahoma
Statutes. Any exercise of the power of eminent domain by a public
trust pursuant to the provisions of this section shall be limited to
the furtherance of public purpose projects involving revenue-
producing utility projects of which the public trust retains
ENR. S. B. NO. 375 Page 17
ownership; provided, for public trusts in which the State of
Oklahoma is the beneficiary the exercise of the power of eminent
domain may also be used for public purpose projects involving air
transportation. Revenue-producing utility projects shall be limited
to projects for the transportation, delivery, treatment, or
furnishing of water for domestic purposes or for power including,
but not limited to, the construction of lakes, pipelines, and water
treatment plants or for projects for rail transportation. Any
public trust formed pursuant to this section which has a county as
its beneficiary shall have the power to acquire, by use of eminent
domain, any lands located either inside the county, or contiguous to
the county pursuant to the limitations imposed pursuant to this
section.
K. If a roadway owned and maintained by a public trust whose
beneficiary is the State of Oklahoma, which roadway is not within
the corporate limits of any municipality and has been used by the
public for any length of time, and the trust has not dedicated the
roadway for public use by written easement, plat, or similar writing
recorded in the land records of the county clerk of the county in
which the roadway is located, the trust may at any time, by
resolution of its board of trustees, close, reopen, or re-close the
roadway to public use. Such closure shall not leave any property
not owned by the trust without contiguous access to a roadway,
whether a public right-of-way or a roadway owned by the trust. If a
roadway is closed pursuant to this subsection and the right to
reopen the roadway is foreclosed by the district court of the county
where the roadway is located, pursuant to the procedures provided in
Sections 42-111 through 42-115 of Title 11 of the Oklahoma Statutes,
then the closure of such roadway shall be permanent and not subject
to being reopened.
L. Provisions of this section shall not apply to entities
created under Sections 1324.1 through 1324.26 of Title 82 of the
Oklahoma Statutes.
L. M. Any trust created under Section 176 et seq. of this
title, in whole or in part, to operate, administer, or oversee any
county jail facility shall consist of not less fewer than five
members and include a county commissioner and the county sheriff, or
their designee designees, and one member appointed by each of the
ENR. S. B. NO. 375 Page 18
county commissioners. The appointed members shall not be elected
officials.
SECTION 5. This act shall become effective November 1, 2025.
ENR. S. B. NO. 375 Page 19
Passed the Senate the 26th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the 6th day of May, 2025.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________