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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1550 By: Paxton
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6 AS INTRODUCED
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7 An Act relating to burn bans; amending 2 O.S. 2021,
7 Section 16-26, as amended by Section 1, Chapter 217,
8 O.S.L. 2024 (2 O.S. Supp. 2025, Section 16-26), which
8 relates to emergency drought conditions and burning
9 prohibitions; modifying definition; allowing board of
9 county commissioners and Commissioner of Agriculture
10 certain powers; updating statutory language; and
10 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 2 O.S. 2021, Section 16-26, as
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15 amended by Section 1, Chapter 217, O.S.L. 2024 (2 O.S. Supp. 2025,
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16 Section 16-26), is amended to read as follows:
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17 Section 16-26. A. 1. It is unlawful for any person to set
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18 fire to any forest, grass, range, crop, or other wildlands, or to
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19 build a campfire or bonfire, or to burn trash or other material that
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20 may cause a forest, grass, range, crop or other wildlands fire in
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21 any county, counties or area within a county where, because of
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22 emergency drought conditions, there is gubernatorially proclaimed
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23 extraordinary danger from fire, unless the setting of any backfire
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24 during the drought emergency is necessary to afford protection as
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Req. No. 2900 Page 1
1 determined by a representative of the Division of Forestry, or
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2 unless it can be established that the setting of the backfire was
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3 necessary for the purpose of saving life or property. The burden of
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4 proving the necessity shall rest on the person claiming a defense.
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5 2. The Division of Forestry shall advise the Governor when the
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6 lands described in paragraph 1 of this subsection in any county,
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7 counties or area within a county of this state because of emergency
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8 drought conditions are in extraordinary danger from fire. The
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9 Governor may by proclamation declare a drought emergency to exist
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10 and describe the general boundaries of the area affected.
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11 3. Any proclamation promulgated by the Governor under authority
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12 of this subsection shall be effective immediately upon the
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13 Governor's signed approval of the emergency proclamation and shall
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14 supersede any resolution passed by a board of county commissioners
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15 pursuant to subsection B of this section. Notice of the
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16 proclamation shall occur through posting on the Oklahoma Department
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17 of Agriculture, Food, and Forestry's website and informing local
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18 news media. Evidence of publication or posting as herein provided
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19 shall be maintained by the Forestry Division.
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20 4. When conditions warrant, due notice of the termination of
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21 the emergency shall be promptly made by proclamation, which shall be
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22 published or posted in like manner as when officially declared.
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23 5. Any person who violates this subsection is guilty of a
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24 misdemeanor punishable by a fine of not more than One Thousand
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1 Dollars ($1,000.00), by imprisonment for not more than one (1) year,
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2 or both.
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3 B. 1. It is unlawful for any person to set fire to any forest,
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4 grass, range, crop or other wildlands, or to build a campfire or
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5 bonfire, or to burn trash or other material that may cause a forest,
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6 grass, range, crop or other wildlands fire in any county of this
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7 state in which the board of county commissioners of the county has
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8 passed a resolution declaring a period of extreme fire danger. As
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9 used in this subsection, "extreme fire danger" means:
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10 a. all three of the following conditions are present:
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11 (1) severe, extreme, or exceptional drought
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12 conditions exist as determined by the National
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13 Oceanic and Atmospheric Administration (NOAA)
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14 pursuant to its criteria,
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15 (2) no more than one-half (1/2) inch of precipitation
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16 is forecast for the next three (3) days, and
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17 (3) either of the following:
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18 (a) fire occurrence is significantly greater
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19 than normal for the season and/or initial
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20 attack on a significant number of wildland
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21 fires has been unsuccessful due to extreme
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22 fire behavior, or
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23 (b) where data is available, more than twenty
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24 percent (20%) of the wildfires in the county
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1 have been caused by escaped debris or
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2 controlled burning, or
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3 b. temperatures for any day over the next three (3) days
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4 are forecasted at or over one hundred (100) degrees
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5 Fahrenheit (100� F).
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6 2. A majority of the board of county commissioners may call an
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7 emergency meeting at any time to pass or revoke a resolution
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8 declaring a period of extreme fire danger in accordance with this
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9 section.
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10 3. A board of county commissioners shall have the documented
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11 concurrence of a majority of the chiefs, or their designees, of the
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12 municipal and certified rural fire departments located in the county
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13 that a period of extreme fire danger exists prior to passage of a
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14 resolution declaring a period of extreme fire danger in the county.
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15 The resolution shall be effective for a period not to exceed
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16 fourteen (14) days from the date of passage by the board of county
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17 commissioners, unless the burn ban is removed earlier by the same
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18 method by which it was approved. If extreme fire danger conditions
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19 persist, subsequent resolutions may be passed by the board of county
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20 commissioners in the same manner as provided in this paragraph. The
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21 board of county commissioners, in the resolution, may grant
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22 exceptions to the fire prohibition based on appropriate
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23 precautionary measures.
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1 4. Agricultural producers burning cropland, rangeland, forests
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2 or pastures as a preferred method of managing their property shall
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3 be exempt from any resolution passed by a board of county
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4 commissioners that declares a period of extreme fire danger so long
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5 as the agricultural producers have complied with the following
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6 procedures:
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7 a. submit a written prescribed burn plan to the local
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8 fire department and, if within a protection area, the
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9 local office or local representative of the Forestry
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10 Division of the Oklahoma Department of Agriculture,
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11 Food, and Forestry nearest the land to be burned that
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12 shall include the following information:
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13 (1) the name and telephone number of the agricultural
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14 producer conducting the burn,
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15 (2) the address and legal description of the area to
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16 be burned,
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17 (3) the objective and purpose of the burn,
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18 (4) a list of fire departments and sheriff's offices
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19 that are required to be notified pursuant to
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20 subparagraph c of this paragraph,
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21 (5) a list of adjoining landowners required to be
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22 notified pursuant to Section 16-28.2 of this
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23 title,
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1 (6) a description of any firebreaks used to define
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2 the boundary of the prescribed burn,
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3 (7) a statement of prescribed weather conditions,
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4 (8) a description of any smoke-management
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5 considerations, and
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6 (9) an ignition plan for the burn,
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7 b. keep a copy of the written prescribed burn plan
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8 provided for in subparagraph a of this paragraph on
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9 site when conducting the prescribed burn,
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10 c. notify the county sheriff and the dispatch center of
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11 the local fire department prior to conducting the
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12 prescribed burn, and
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13 d. comply with the notification procedures outlined in
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14 Section 16-28.2 of this title.
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15 5. The prescribed burn plan provided for in paragraph 4 of this
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16 subsection shall be deemed approved seventy-two (72) hours after
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17 submission to the local fire department; provided, that the local
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18 fire department may amend the submitted burn plan within seventy-two
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19 (72) hours after submission.
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20 6. The prescribed burn plan provided for in paragraph 4 of this
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21 subsection shall not include campfires, household trash, debris or
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22 pile burning.
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23 7. Nothing in paragraph 4 of this subsection shall supersede
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24 requirements set by a proclamation promulgated by the Governor under
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1 authority of this section, interfere with the authority of the
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2 Oklahoma Department of Agriculture, Food, and Forestry to enforce
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3 burning laws or change the burner's liability as prescribed by law.
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4 8. Any resolution passed by a board of county commissioners
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5 under authority of this subsection shall be effective immediately
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6 upon passage of the resolution. Notice of the resolution shall be
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7 submitted to the Forestry Division of the Oklahoma Department of
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8 Agriculture, Food, and Forestry, all local news media, local law
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9 enforcement officials, and the state headquarters of the Department
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10 of Public Safety, the Oklahoma Tourism and Recreation Department and
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11 the Department of Wildlife Conservation on the day of passage of the
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12 resolution. Evidence of publication or posting as provided in this
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13 paragraph shall be maintained by the county.
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14 9. The provisions of this subsection may be enforced by any law
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15 enforcement officer of this state.
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16 10. Any person convicted of violating the provisions of this
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17 subsection shall be guilty of a misdemeanor and shall be subject to
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18 a fine of not more than Five Hundred Dollars ($500.00), to
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19 imprisonment for not more than one (1) year, or to both such fine
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20 and imprisonment.
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21 11. The selling of fireworks shall not be considered an act in
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22 violation of this subsection.
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23 12. All fire departments and appropriate county officials shall
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24 be allowed to place "Burn Ban" signs on agreed-upon signposts
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1 controlled by the Oklahoma Department of Transportation and Oklahoma
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2 Turnpike Authority (OTA). Fire departments and appropriate county
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3 officials shall work with the Oklahoma Department of Transportation
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4 to agree upon locations for signage. The Oklahoma Department of
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5 Transportation shall develop standards that fire departments and
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6 appropriate county officials shall adhere to in placing signage. It
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7 shall be the responsibility of the entity placing the sign to post
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8 and remove signage in a timely manner. Signage shall not obstruct
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9 the view of traffic. Signage costs shall be the responsibility of
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10 the fire department or county wishing to install.
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11 C. A board of county commissioners, upon a unanimous vote and
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12 in consultation with the Commissioner of Agriculture, may supersede
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13 this section for a period not to exceed seven (7) days upon
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14 determination that a significant threat to public safety is imminent
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15 and following these provisions would impede the response to that
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16 threat.
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17 SECTION 2. This act shall become effective November 1, 2026.
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19 60-2-2900 YG 1/12/2026 5:25:54 PM
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Req. No. 2900 Page 8Every fact on this page links to its source, starting with the official bill record.