1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3072 By: Hays
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6 AS INTRODUCED
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7 An Act relating to motor vehicles; amending 47 O.S.
7 2021, Section 11-314, as amended by Section 1,
8 Chapter 270, O.S.L. 2023 (47 O.S. Supp. 2023, Section
8 11-314), which relates to the Bernardo-Mills Law;
9 modifying actions a driver shall take upon approach
9 of certain vehicles; allowing completion of certain
10 program to avoid penalty; modifying requirements of
10 the Operation Work Zone Awareness program; allowing
11 certain offenders to participate in the program; and
11 providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 47 O.S. 2021, Section 11-314, as
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17 amended by Section 1, Chapter 270, O.S.L. 2023 (47 O.S. Supp. 2023,
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18 Section 11-314), is amended to read as follows:
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19 Section 11-314. A. This section shall be known and may be
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20 cited as the "Bernardo-Mills Law".
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21 B. The driver of a motor vehicle, upon approaching a stationary
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22 authorized emergency vehicle, a Department of Transportation
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23 maintenance vehicle, a Turnpike Authority maintenance vehicle, a
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24 stationary vehicle that is displaying flashing lights or a licensed
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 1 wrecker that is displaying a flashing amber light, a combination red
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2 or blue light or any combination of amber, red or blue lights,
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3 shall:
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4 1. If traveling on a highway that consists of two or more lanes
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5 that carry traffic in the same direction of travel as that of the
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6 driver, the driver shall proceed with due caution and shall, if
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7 possible and with due regard to the road, weather, and traffic
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8 conditions, change lanes into a lane that is not adjacent to the
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9 stationary authorized emergency vehicle, a Department of
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10 Transportation maintenance vehicle, a Turnpike Authority maintenance
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11 vehicle, or licensed wrecker; or if the driver is not able to change
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12 lanes or if to do so would be unsafe, the driver shall proceed with
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13 due caution and reduce the speed of the motor vehicle to a safe
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14 speed that is at least ten (10) miles per hour below the posted
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15 speed limit; and
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16 2. If traveling on a highway other than a highway described in
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17 paragraph 1 of this subsection, the driver shall proceed with due
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18 caution and reduce the speed of the motor vehicle to a safe speed
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19 that is at least ten (10) miles per hour below the posted speed
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20 limit.
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21 A person shall be guilty of the offense of endangerment of an
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22 emergency worker for any offense committed in violation of this
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23 subsection.
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 1 C. This section does not relieve the operator of a stationary
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2 authorized emergency vehicle, a Department of Transportation
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3 maintenance vehicle, a Turnpike Authority maintenance vehicle, or
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4 licensed wrecker from the consequences of reckless disregard for the
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5 safety of all persons and property upon the highway.
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6 D. Upon conviction for committing the offense of endangerment
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7 of an emergency worker pursuant to subsection B of this section, if
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8 no injury or death of an emergency worker resulted from the offense,
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9 and in addition to any other penalty authorized by law, the person
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10 shall be subject to a fine of:
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11 1. One Thousand Dollars ($1,000.00) for a first offense; and
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12 2. Two Thousand Five Hundred Dollars ($2,500.00) for a second
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13 offense.
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14 A person committing a first offense in violation of this
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15 subsection may complete the Operation Work Zone Awareness program
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16 established in Section 11-304 of this title to avoid the monetary
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17 penalty of a first offense.
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18 E. A person shall be deemed to commit the offense of aggravated
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19 endangerment of an emergency worker upon conviction for any offense
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20 pursuant to subsection B of this section when such offense results
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21 in the injury or death of an emergency worker. Upon conviction for
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22 committing the offense of aggravated endangerment of an emergency
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23 worker, in addition to any other penalty authorized by law, the
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24 person shall be subject to a fine of not more than Five Thousand
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 1 Dollars ($5,000.00) if the offense resulted in injury to an
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2 emergency worker and not more than Ten Thousand Dollars ($10,000.00)
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3 if the offense resulted in the death of an emergency worker.
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4 F. No person shall be cited or convicted for endangerment of an
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5 emergency worker or aggravated endangerment of an emergency worker
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6 for any act or omission otherwise constituting an offense under
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7 subsection B of this section if such act or omission resulted, in
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8 whole or in part, from mechanical failure of the vehicle of the
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9 person or from the negligence of another person or an emergency
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10 worker.
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11 SECTION 2. AMENDATORY Section 2, Chapter 270, O.S.L.
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12 2022 (47 O.S. Supp. 2023, Section 11-1304), is amended to read as
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13 follows:
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14 Section 11-1304. A. The Department of Public Safety is
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15 authorized to establish Operation Work Zone Awareness. Operation
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16 Work Zone Awareness is a program designed to educate the motoring
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17 public on the dangers of committing moving violations while
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18 traveling in highway construction work zones or motorists failing to
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19 move over or slow down pursuant to subsection D of Section 11-314 of
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20 this title. The Department is authorized to develop and house on
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21 its website an online work zone awareness presentation that may
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22 include, but not be limited to, facts and figures representing the
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23 dangers of motorists committing work zone moving violations,
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24 testimonials from highway construction workers and their families,
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 1 information on the importance of awareness and slowing down in work
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2 zones, the importance of failure to move over or slow down, and a
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3 question-and-answer section to ensure participants understand and
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4 retain the information presented. The Department is authorized to
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5 contract for the production, development, and maintenance of the
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6 webpage through a vendor. The Department shall maintain in its
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7 database a record of those completing the program.
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8 B. Motorists receiving a citation for committing moving
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9 violations within a work zone or for failure to move over or slow
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10 down, may receive information regarding an invitation to participate
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11 in the Operation Work Zone Awareness program. A motorist who
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12 participates in and completes the online program shall receive a
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13 certificate designed and issued by the Department. Any person
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14 producing the certificate as proof in court that the program was
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15 successfully completed shall be entitled to dismissal of the fine.
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16 If proof of successful completion of the program is presented to the
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17 court in person or electronically, no later than the business day
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18 preceding the first scheduled court appearance date, the dismissal
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19 shall be without payment of court costs. The court may access
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20 information from the Department's system to confirm completion of
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21 the program. Offenders may participate in and complete the program
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22 a maximum of one time. After completing the program, a motorist who
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23 receives another citation in a work zone or for failure to move over
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24 or slow down will be disqualified from utilizing the program
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 1 benefits a second time. If a motorist so chooses, he or she may not
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2 participate in the program and instead pay the fine imposed on the
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3 issued citation. Holders of commercial driver licenses cited while
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4 driving a commercial motor vehicle are not eligible to participate
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5 in the program.
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6 C. Moving violations that qualify an offender to participate in
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7 the Operation Work Zone Awareness program shall include, but not be
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8 limited to, speeding, distracted driving, failure to move over,
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9 failure to obey flagger, and failure to obey traffic control
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10 devices. Motorists committing impaired driving offenses, as defined
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11 in Title 47 of the Oklahoma Statutes, in work zones or otherwise,
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12 including driving under the influence, driving while intoxicated,
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13 driving under the influence under twenty-one (21) years of age, or a
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14 commercial driver license holder refusing a chemical test while
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15 driving any vehicle, shall be disqualified from the program.
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16 D. The fee paid by a motorist for his or her participation in
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17 the Operation Work Zone Awareness program shall be Seventy-five
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18 Dollars ($75.00) and shall be apportioned as follows:
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19 1. Thirty-five Dollars ($35.00) to be deposited in the
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20 Department of Public Safety Revolving Fund, created in Section 2-
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21 144.1 of Title 47 of the Oklahoma Statutes, to be used for
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22 maintenance of the Operation Work Zone Awareness program;
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 1 2. Fifteen Dollars ($15.00) to be deposited in the Department
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2 of Public Safety Patrol Vehicle Revolving Fund created in Section 2-
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3 143 of Title 47 of the Oklahoma Statutes; and
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4 3. Twenty-five Dollars ($25.00) to be deposited in the Oklahoma
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5 Court Information System Revolving Fund, created in Section 1315 of
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6 Title 20 of the Oklahoma Statutes, to be used to offset expenses
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7 related to this program.
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8 The Department is authorized to determine the manner in which fees
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9 may be paid.
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10 SECTION 2. This act shall become effective November 1, 2024.
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12 59-2-9318 JBH 01/09/24
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