Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1445 By: Wingard
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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 11-1302, which relates to flooded
8 highways or maintenance and construction zones;
8 modifying provisions of certain offense that results
9 in death; making language gender neutral; and
9 providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 47 O.S. 2021, Section 11-1302, is
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15 amended to read as follows:
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16 Section 11-1302. A. The Department of Transportation, Oklahoma
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17 Turnpike Authority, and any county or city in this state are hereby
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18 authorized to close any highway or section thereof, within their
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19 respective jurisdiction, to traffic while the highway is flooded or
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20 under repair, maintenance, or construction and, in exercising the
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21 authority, shall erect or cause to be erected traffic-control
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22 devices and barricades to warn and notify the public that the
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23 highway has been closed to traffic.
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1 B. When any highway has been closed to traffic under the
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2 provisions of subsection A of this section and traffic-control
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3 devices or barricades have been erected, it shall be unlawful for
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4 any person to drive any vehicle through, under, over, or around the
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5 traffic-control devices or barricades, or otherwise to enter the
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6 closed area. The provisions of this subsection shall not apply to
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7 persons while engaged in the construction, maintenance, and repair
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8 of the highway or to persons entering therein for the protection of
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9 lives or property; provided, that persons having their places of
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10 residence or places of business within the closed area may travel,
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11 when possible to do so, through the area at their own risk.
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12 C. Whenever construction, repair, and maintenance of any
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13 highway is being performed under traffic, the Oklahoma Turnpike
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14 Authority, Department of Transportation, county, or city having
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15 jurisdiction over the highway shall erect, or cause to be erected,
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16 traffic-control devices to warn and guide the public. Each person
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17 using the highway shall obey all signs, signals, markings, flagmen
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18 flagpersons, or other traffic-control devices which are placed to
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19 regulate, control, and guide traffic through the construction or
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20 maintenance area. As used in this subsection, "construction or
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21 maintenance area" means any area upon or around any highway that is
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22 visibly marked as an area where construction, repair, and
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23 maintenance is temporarily occurring. The construction or
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24 maintenance area also includes the lanes of highway leading up to
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Req. No. 2432 Page 2
1 the area upon which an activity described in this section is being
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2 performed, beginning at the point where properly posted traffic-
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3 control devices start to warn and guide the public into and through
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4 the construction or maintenance including, but not limited to,
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5 instructions to merge from one lane into another lane, to reduce
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6 speed, or to follow directions of flagmen flagpersons.
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7 D. The "Merge Now" traffic-control device that is used to warn
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8 and guide the public using the highway to merge shall be located in
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9 advance of the highway construction or maintenance area in
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10 accordance with the standards set forth in the most current edition
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11 of the Federal Highway Administration's Manual on Uniform Traffic
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12 Control Devices. Whenever any traffic-control device requires
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13 traffic to merge due to the closure of a section or lane of highway,
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14 the merge shall be completed:
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15 1. As soon as practicable after passing the traffic-control
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16 device; and
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17 2. Without passing any other traffic proceeding in the same
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18 direction.
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19 E. No person shall remove, change, modify, deface, or alter any
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20 traffic-control device or barricade which has been erected on any
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21 highway under the provisions of this section.
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22 F. Nothing in this section shall relieve the state or any of
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23 its subdivisions or their contractors, agents, servants, or
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1 employees from liability for failure to perform any of the duties
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2 imposed herein.
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3 G. Except as provided in subsection H of this section, any
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4 person who violates any provision of this section shall, upon
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5 conviction, be guilty of a misdemeanor punishable by a fine of not
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6 less than One Hundred Dollars ($100.00) nor more than One Thousand
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7 Dollars ($1,000.00), or by imprisonment in the county jail not to
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8 exceed thirty (30) days, or by both such fine and imprisonment, and
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9 shall be liable for any damage to property, or injury to or death to
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10 persons caused by the violations. In addition, the court may order
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11 restitution in an amount equal to the actual costs of the emergency
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12 response and repair or replacement of any damaged or lost emergency
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13 equipment.
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14 H. 1. When any section of a highway, turnpike, county road, or
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15 city street has been closed to traffic due to flooding that is
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16 ongoing and traffic-control devices or barricades have been erected
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17 by law enforcement or other government officials with authority over
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18 traffic control, it shall be unlawful for any person to tear down,
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19 damage, or remove any traffic-control devices or barricades or drive
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20 any vehicle through, under, over, or around the traffic-control
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21 devices or barricades, or otherwise to enter the closed area. Any
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22 person who violates the provisions of this subsection shall, upon
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23 conviction, be guilty of a misdemeanor punishable by a fine of not
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24 less than One Hundred Dollars ($100.00) nor more than One Thousand
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Req. No. 2432 Page 4
1 Dollars ($1,000.00). The person shall be guilty of a misdemeanor
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2 punishable by a fine of not less than One Hundred Dollars ($100.00)
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3 nor more than Two Thousand Five Hundred Dollars ($2,500.00) and
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4 imprisonment in the county jail for not more than one (1) year if
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5 the operator of the motor vehicle was transporting a person eighteen
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6 (18) years of age or younger at the time of the violation.
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7 2. Any person who violates the provisions of paragraph 1 of
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8 this subsection that results in the death of:
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9 a. a person eighteen (18) years of age or younger shall,
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10 upon conviction, be guilty of manslaughter in the
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11 first degree, a Class A2 felony, punishable as
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12 provided for in Section 715 of Title 21 of the
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13 Oklahoma Statutes, or
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14 b. a person older than eighteen (18) years of age shall,
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15 upon conviction, be guilty of manslaughter in the
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16 second degree, a Class B5 felony, punishable as
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17 provided for in Section 722 of Title 21 of the
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18 Oklahoma Statutes.
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19 3. Persons convicted pursuant to the provisions of this
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20 subsection shall be ordered to pay restitution in an amount equal to
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21 the actual costs of the emergency response and repair or replacement
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22 of any damaged or lost emergency equipment. In addition, the person
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23 shall be liable for any damage to property or injury or death to
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24 persons caused by the violation.
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Req. No. 2432 Page 5
1 SECTION 2. This act shall become effective November 1, 2026.
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3 60-2-2432 CN 1/8/2026 9:57:15 AM
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Req. No. 2432 Page 6Every fact on this page links to its source, starting with the official bill record.