1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3735 By: Dempsey
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6 AS INTRODUCED
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7 An Act relating to transportation; amending 47 O.S.
7 2021, Section 11-1302, which relates to maintenance
8 and construction zones; requiring certain
8 installation and maintenance of business access
9 signs; requiring certain placement; requiring
9 installation at commencement of construction;
10 requiring certain inspection; and providing an
10 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 11-1302, is
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17 amended to read as follows:
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18 Section 11-1302. A. The Department of Transportation, Oklahoma
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19 Turnpike Authority and any county or city in this state are hereby
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20 authorized to close any highway or section thereof, within their
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21 respective jurisdiction, to traffic while the highway is flooded or
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22 under repair, maintenance or construction and, in exercising the
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23 authority, shall erect or cause to be erected traffic-control
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 1 devices and barricades to warn and notify the public that the
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2 highway has been closed to traffic.
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3 B. When any highway has been closed to traffic under the
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4 provisions of subsection A of this section and traffic-control
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5 devices or barricades have been erected, it shall be unlawful for
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6 any person to drive any vehicle through, under, over, or around the
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7 traffic-control devices or barricades, or otherwise to enter the
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8 closed area. The provisions of this subsection shall not apply to
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9 persons while engaged in the construction, maintenance and repair of
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10 the highway or to persons entering therein for the protection of
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11 lives or property; provided, that persons having their places of
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12 residence or places of business within the closed area may travel,
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13 when possible to do so, through the area at their own risk.
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14 C. 1. Whenever construction, repair and maintenance of any
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15 highway is being performed under traffic, the Oklahoma Turnpike
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16 Authority, Department of Transportation, county or city having
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17 jurisdiction over the highway shall erect, or cause to be erected,
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18 traffic-control devices to warn and guide the public. Each person
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19 using the highway shall obey all signs, signals, markings, flagmen
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20 or other traffic-control devices which are placed to regulate,
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21 control, and guide traffic through the construction or maintenance
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22 area. As used in this subsection, "construction or maintenance
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23 area" means any area upon or around any highway that is visibly
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24 marked as an area where construction, repair, and maintenance is
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 1 temporarily occurring. The construction or maintenance area also
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2 includes the lanes of highway leading up to the area upon which an
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3 activity described in this section is being performed, beginning at
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4 the point where properly posted traffic-control devices start to
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5 warn and guide the public into and through the construction or
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6 maintenance including, but not limited to, instructions to merge
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7 from one lane into another lane, to reduce speed, or to follow
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8 directions of flagmen.
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9 2. Whenever construction, repair and maintenance of any highway
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10 is being performed under traffic, the Oklahoma Turnpike Authority,
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11 Department of Transportation, county or city having jurisdiction
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12 over the highway shall, during the planning and execution of
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13 construction projects that obstruct or limit access to businesses,
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14 install and maintain clear and conspicuous business access signs.
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15 Business access signs shall be strategically placed to inform the
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16 public of the continued availability of access to affected
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17 businesses. The signs shall be visible from the roadway and
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18 designed to minimize confusion for motorists and pedestrians.
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19 Business access signs shall be installed in advance of the
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20 commencement of construction activities that may impact access to
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21 businesses. In cases where construction activities are ongoing for
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22 an extended period, the Department of Transportation shall regularly
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23 inspect and, if necessary, update business access signs to ensure
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24 accuracy and relevance.
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 1 D. The "Merge Now" traffic-control device that is used to warn
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2 and guide the public using the highway to merge shall be located in
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3 advance of the highway construction or maintenance area in
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4 accordance with the standards set forth in the most current edition
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5 of the Federal Highway Administration's Manual on Uniform Traffic
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6 Control Devices. Whenever any traffic-control device requires
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7 traffic to merge due to the closure of a section or lane of highway,
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8 the merge shall be completed:
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9 1. As soon as practicable after passing the traffic-control
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10 device; and
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11 2. Without passing any other traffic proceeding in the same
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12 direction.
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13 E. No person shall remove, change, modify, deface or alter any
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14 traffic-control device or barricade which has been erected on any
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15 highway under the provisions of this section.
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16 F. Nothing in this section shall relieve the state or any of
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17 its subdivisions or their contractors, agents, servants or employees
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18 from liability for failure to perform any of the duties imposed
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19 herein.
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20 G. Except as provided in subsection H of this section, any
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21 person who violates any provision of this section shall, upon
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22 conviction, be guilty of a misdemeanor punishable by a fine of not
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23 less than One Hundred Dollars ($100.00) nor more than One Thousand
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24 Dollars ($1,000.00) or imprisonment in the county jail not to exceed
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 1 thirty (30) days, or both such fine and imprisonment, and shall be
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2 liable for any damage to property, or injury to or death to persons
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3 caused by the violations. In addition, the court may order
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4 restitution in an amount equal to the actual costs of the emergency
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5 response and repair or replacement of any damaged or lost emergency
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6 equipment.
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7 H. When any section of a highway, turnpike, county road or city
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8 street has been closed to traffic due to flooding that is ongoing
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9 and traffic-control devices or barricades have been erected by law
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10 enforcement or other government officials with authority over
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11 traffic control, it shall be unlawful for any person to tear down,
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12 damage or remove any traffic-control devices or barricades or drive
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13 any vehicle through, under, over or around the traffic-control
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14 devices or barricades, or otherwise to enter the closed area. Any
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15 person who violates the provisions of this subsection shall, upon
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16 conviction, be guilty of a misdemeanor punishable by a fine of not
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17 less than One Hundred Dollars ($100.00) nor more than One Thousand
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18 Dollars ($1,000.00). The person shall be guilty of a misdemeanor
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19 punishable by a fine of not less than One Hundred Dollars ($100.00)
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20 nor more than Two Thousand Five Hundred Dollars ($2,500.00) and
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21 imprisonment in the county jail for not more than one (1) year if
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22 the operator of the motor vehicle was transporting a person eighteen
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23 (18) years of age or younger at the time of the violation.
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 1 Persons convicted pursuant to the provisions of this subsection
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2 shall be ordered to pay restitution in an amount equal to the actual
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3 costs of the emergency response and repair or replacement of any
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4 damaged or lost emergency equipment. In addition, the person shall
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5 be liable for any damage to property or injury or death to persons
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6 caused by the violation.
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7 SECTION 2. This act shall become effective November 1, 2024.
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9 59-2-9514 JBH 01/02/24
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