STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 424	By:	Easley

AS INTRODUCED

An Act relating to railroads; amending 66 O.S. 2001, Section 324, which relates to the Oklahoma Tourism and Passenger Rail Act; prohibiting Department of Transportation from certain activities without including passenger rail service to Tulsa; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     66 O.S. 2001, Section 324, is amended to read as follows:
Section 324.  A.  The Department of Transportation is hereby authorized and empowered to:
1.  Acquire, construct, reconstruct, repair, replace, operate and maintain railroad rights‑of‑way and trackage projects at such locations and on such passenger routes as it shall determine to be feasible and economically sound;
2.  Enter into agreements with the owners of operating railroads for the acquisition and/or use of railroad rights‑of‑way and trackage on such terms, conditions, rates or rentals as the Department may consider to be in the best interests of the state;
3.  Enter directly into agreements with owners of operating passenger railroads to sell, lease, or sell by lease‑purchase agreement any state‑owned railroad property on such terms, conditions or amounts as the Department may consider to be in the best interests of the state and to promote the purposes of this act the Oklahoma Tourism and Passenger Rail Act;
4.  Acquire and hold real or personal property in the exercise of its powers for the performance of its duties as authorized by this act the Oklahoma Tourism and Passenger Rail Act.  Surplus property may be disposed of by the Department;
5.  Acquire in the name of the Department, by purchase or otherwise on such terms and conditions and in such manner as it may deem proper, or by exercise of the right of condemnation, such public or private lands and personality, including public parks, playgrounds, or reservations, or parts thereof or rights therein, rights‑of‑way, trackage, property, rights, easements, and interests, as it may deem necessary for carrying out the provisions of this act the Oklahoma Tourism and Passenger Rail Act;
6.  Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act the Oklahoma Tourism and Passenger Rail Act, and to employ passenger rail planning and management consultants, consulting engineers, attorneys, accountants, construction and financial consultants, superintendents, managers, and such other employees and agents as may be necessary in its judgment, and to fix their compensation; provided, that all such expenses shall be payable solely from funds made available under and pursuant to the provisions of this act The Oklahoma Tourism and Passenger Rail Act or from revenues; provided, further, no attorney employed by the Department, nor any member of any law firm of which he or she may be connected, shall ever be paid any fee or compensation for any special or extraordinary services;
7.  Receive, accept and expend funds from the state, any federal agency, or from private sources, for passenger rail planning and for administration of passenger railroad assistance projects, and for, or in aid of the acquisition, construction, reconstruction, replacement, repair, maintenance and operation of passenger railroad rights‑of‑way and trackage and for passenger rail service continuation payments to railroad companies for operating losses sustained by reasons of continuing service on a line which may otherwise be abandoned or which may experience a reduced level of service not in the public interest, where such continuation of service is carried out under a written agreement with the Department establishing the terms and conditions for such payments, and to receive and accept funds, aid or contributions from any source of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such funds, aid or contributions may be made;
8.  Adopt such rules and to do any and all things necessary to comply with rules, regulations or requirements of the United States Department of Transportation, any successor thereof, the Interstate Commerce Commission or any federal agency administering any law enacted by the Congress of the United States or having funds available for the purpose of the Department that are not inconsistent with or contrary to the prohibitions and restrictions of Oklahoma law or public interest;
9.  Expend income and funds from the Oklahoma Tourism and Passenger Rail Revolving Fund created in Section 5 325 of this act title in the exercise of any or all of the foregoing powers; and
10.  Do all things necessary or convenient to carry out the powers expressly granted in this act the Oklahoma Tourism and Passenger Rail Act.  Provided, however, the Department is hereby expressly prohibited from authorizing, directing or otherwise participating in any activity authorized pursuant to this act if such activity does not include or promote the inclusion of passenger rail service to Tulsa for the benefit of the citizens of Northeast Oklahoma.
B.  It shall be unlawful for any member, officer or employee of the Department to transact with the Department, either directly or indirectly, any business for profit of such member, officer or employee; and any person, firm or corporation knowingly participating therein shall be equally liable for violation of this provision.
The term "business for profit" shall include, but not be limited to, the acceptance or payment of any fee, commission, gift, or consideration to such member, officer or employee.
Violation of this provision shall constitute a felony and, upon conviction, shall be punishable by a fine of not less than Five Hundred Dollars ($500.00) and not more than Five Thousand Dollars ($5,000.00), or by imprisonment in the custody of the Department of Corrections for not more than five (5) years, or by both such fine and imprisonment.
C.  All meetings of the Department shall be open public meetings, and all records shall be public records, except when considering personnel.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

52-1-126	MJM	1/7/2009 10:03:13 AM