Oklahoma § 69-4002 - Department of Transportation and the Transportation

§ 69-4002. Department of Transportation and the Transportation

Commission - Creation.

There is hereby created in the Executive Branch of Government

the Department of Transportation and the Transportation Commission.

The Department shall function under the direct control and

supervision of the Commission as a part of the executive branch of

state government in carrying out the transportation policies, plans

and programs of this state. In accord with appropriations made by

the Legislature and grants of funds from federal, state, regional,

local or private agencies, the Department shall, acting by or

through the Director or his duly authorized officer or employee,

have the power and it shall be its duty:

1. To coordinate and develop for the State of Oklahoma a

comprehensive transportation plan to meet present and future needs

for adequate, safe and efficient transportation facilities at

reasonable cost to the people.

2. To coordinate the development and operation of such

transportation facilities in the state including, but not limited

to, highways, public transportation, railroad, marine and waterways

and aeronautics.

3. To develop, periodically revise and maintain a comprehensive

state master plan for transportation facilities.

4. To develop measurable objectives and goals designed to carry

out the master plan for transportation and report progress in

achievement of objectives and goals to the Governor and Legislature

as part of the annual budget submission.

5. To make such studies and analyses of transportation problems

as may be requested by the Governor or Legislature relative to any

aspect of transportation in the state.

6. To exercise and perform such functions, powers and duties as

may be from time to time conferred or imposed by law, including all

the functions, powers and duties assigned and transferred to the

Department of Transportation by this act.

7. To apply for, accept and receive and be the administrator

for and in behalf of the state agencies, boards and commissions of

all federal or other monies now or hereafter available for purposes

of transportation or which would further the intent and specific

purposes of this act. This paragraph shall not apply to the

Oklahoma Corporation Commission insofar as federal funds for

transportation regulatory purposes are concerned. Provided further,

nothing in this act shall be construed to limit the authority of any

town, city, county, regional authority, port authority or airport

authority to apply for, accept, receive and be the administrator of

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries

all federal funds or other monies now or hereafter available to such

subdivisions of government for the purpose of transportation or any

other local matter. The provisions of this act shall not apply to

funds available for projects for providing transportation services

to meet special needs of elderly and handicapped persons under

Section 16 (b), (2) of the Urban Mass Transportation Act of 1964, as

amended (49 U.S.C.A., Section 1612 (b), (2)), or to programs

administered by the Department of Institutions, Social and

Rehabilitative Services for transportation services to elderly and

handicapped persons.

8. To cooperate with local governments in the planning and

development of transportation-related activities, and encourage

state and federally funded plans and programs at the local level

consistent with the goals and objectives of the state master plan

for transportation.

9. To evaluate and encourage the development and use of public

transportation in Oklahoma where such use will contribute to a

reduction in traffic congestion, public convenience, air quality, or

energy conservation. To administer financial assistance programs

for public transportation services, facilities and equipment, using

state and/or federal funds for administrative activities, and to

pass through to public, private enterprise and/or private nonprofit

entities those federal, local and/or private funds intended for the

purpose of meeting public transportation capital and operating

needs, excluding those federal, local and/or private funds intended

for the purpose of meeting the capital and operating needs of fixed

route, regularly scheduled public transportation services operating

within cities of greater than three hundred thousand (300,000)

population according to the latest Federal Decennial Census. To

ensure, through positive actions, that private enterprise providers

of public transportation are involved in all levels of public

transportation planning efforts, in both metropolitan and

nonmetropolitan areas, and are given the opportunity to provide

public transportation services, by contract or other means which

provide a reasonable return, wherever such services are now or will

be provided utilizing federal, state or local public funds.

Exceptions to this requirement that private enterprise provide such

services may be made only where:

a.

a county does not have an existing private enterprise

public transportation operator which could provide

such services,

b.

the existing private enterprise public transportation

operator declines to provide such service, or

c.

the organization seeking to secure or provide such

services by means other than private enterprise

operators, such as operating the system themselves,

provides to the Department, or any other party upon

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries

request, budgetary documentation that the alternative

means are more appropriate and less expensive on a

passenger-mile basis.

Provided, however, that there shall be exempted from the above

requirement all fixed route regularly scheduled public

transportation services, operating in cities of greater than three

hundred thousand (300,000) population, according to the latest

federal decennial census; and

Provided further, this act shall not alter any powers of

counties, cities and towns to initiate, designate, or construct any

project or other object of expenditure now or hereafter funded by

federal transportation or state gasoline and motor fuel tax funds

allocated to those counties, cities and towns.

Added by Laws 1976, c. 218, § 2. Amended by Laws 1979, c. 219, § 1.