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1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1610 By: Frix
3
4
4
5
5
6
6
7 AS INTRODUCED
7
8 An Act relating to transportation; creating the
8 Oklahoma Work Zone Safety and Contractor Protection
9 Act; providing short title; providing legislative
9 findings; amending 51 O.S. 2021, Section 152, as last
10 amended by Section 1, Chapter 314, O.S.L. 2025 (51
10 O.S. Supp. 2025, Section 152), which relates to
11 definitions; defining certain persons as employees
11 for certain purpose; updating statutory language;
12 defining terms; directing the Department of
12 Transportation to establish certain program;
13 establishing penalties for certain violations;
13 providing for the distribution of certain monies;
14 allowing for certain written warning in certain time
14 period; allowing certain persons to utilize certain
15 lamps; allowing for certain detour of traffic onto
15 certain roads; granting certain persons certain
16 immunity from liability; providing for ineligibility
16 of certain persons to recover certain damages;
17 construing certain provision; granting certain
17 immunity for certain persons who comply with certain
18 plan; designating certain persons as certain
18 employees; providing for certain liability
19 limitations for certain persons; construing
19 provisions; creating the Work Zone Safety Revolving
20 Fund; providing for noncodification; providing for
20 codification; providing an effective date; and
21 declaring an emergency.
21
22
22
23
23
24
24
Req. No. 3221 Page 1
1 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
1
2 SECTION 1. NEW LAW A new section of law not to be
2
3 codified in the Oklahoma Statutes reads as follows:
3
4 Sections 3 through 12 of this act shall be known and may be
4
5 cited as the "Oklahoma Work Zone Safety and Contractor Protection
5
6 Act".
6
7 SECTION 2. NEW LAW A new section of law not to be
7
8 codified in the Oklahoma Statutes reads as follows:
8
9 The Legislature finds that:
9
10 1. Oklahoma workers face increasing risks in roadway work zones
10
11 due to distracted and speeding motorists;
11
12 2. Automated enforcement technology is a proven method to
12
13 reduce work zone crashes and fatalities;
13
14 3. Contractors and subcontractors who establish work zones in
14
15 compliance with the Manual on Uniform Traffic Control Devices and
15
16 United States Department of Transportation standards should not be
16
17 subjected to excessive liability for crashes caused by third-party
17
18 motorists; and
18
19 4. The interests of public safety and economic fairness require
19
20 a balance of strong worker protections, effective automated
20
21 enforcement, and reasonable liability standards.
21
22 SECTION 3. AMENDATORY 51 O.S. 2021, Section 152, as last
22
23 amended by Section 1, Chapter 314, O.S.L. 2025 (51 O.S. Supp. 2025,
23
24 Section 152), is amended to read as follows:
24
Req. No. 3221 Page 2
1 Section 152. As used in The Governmental Tort Claims Act:
1
2 1. "Action" means a proceeding in a court of competent
2
3 jurisdiction by which one party brings a suit against another;
3
4 2. "Agency" means any board, commission, committee, department
4
5 or other instrumentality or entity designated to act in behalf of
5
6 the state or a political subdivision;
6
7 3. "Charitable health care provider" means a person who is
7
8 licensed, certified, or otherwise authorized by the laws of this
8
9 state to administer health care in the ordinary course of business
9
10 or the practice of a profession and who provides care to a medically
10
11 indigent person, as defined in paragraph 9 of this section, with no
11
12 expectation of or acceptance of compensation of any kind;
12
13 4. "Claim" means any written demand presented by a claimant or
13
14 the claimant's authorized representative in accordance with The
14
15 Governmental Tort Claims Act to recover money from the state or
15
16 political subdivision as compensation for an act or omission of a
16
17 political subdivision or the state or an employee;
17
18 5. "Claimant" means the person or the person's authorized
18
19 representative who files notice of a claim in accordance with The
19
20 Governmental Tort Claims Act. Only the following persons and no
20
21 others may be claimants:
21
22 a. any person holding an interest in real or personal
22
23 property which suffers a loss, provided that the claim
23
24 of the person shall be aggregated with claims of all
24
Req. No. 3221 Page 3
1 other persons holding an interest in the property and
1
2 the claims of all other persons which are derivative
2
3 of the loss, and that multiple claimants shall be
3
4 considered a single claimant,
4
5 b. the individual actually involved in the accident or
5
6 occurrence who suffers a loss, provided that the
6
7 individual shall aggregate in the claim the losses of
7
8 all other persons which are derivative of the loss, or
8
9 c. in the case of death, an administrator, special
9
10 administrator or a personal representative who shall
10
11 aggregate in the claim all losses of all persons which
11
12 are derivative of the death;
12
13 6. "Community health care provider" means:
13
14 a. a health care provider who volunteers services at a
14
15 community health center that has been deemed by the
15
16 U.S. United States Department of Health and Human
16
17 Services as a federally qualified health center
17
18 Federally Qualified Health Center as defined by 42
18
19 U.S.C., Section 1396d(l)(2)(B),
19
20 b. a health provider who provides services to an
20
21 organization that has been deemed a federally
21
22 qualified look-alike community health center, and
22
23 c. a health care provider who provides services to a
23
24 community health center that has made application to
24
Req. No. 3221 Page 4
1 the U.S. United States Department of Health and Human
1
2 Services for approval and deeming as a federally
2
3 qualified look-alike community health center in
3
4 compliance with federal application guidance, and has
4
5 received comments from the U.S. United States
5
6 Department of Health and Human Services as to the
6
7 status of such application with the established intent
7
8 of resubmitting a modified application, or, if denied,
8
9 a new application, no later than six (6) months from
9
10 the date of the official notification from the U.S.
10
11 United States Department of Health and Human Services
11
12 requiring resubmission of a new application;
12
13 7. "Employee" means any person who is authorized to act in
13
14 behalf of a political subdivision or the state whether that person
14
15 is acting on a permanent or temporary basis, with or without being
15
16 compensated or on a full-time or part-time basis.
16
17 a. Employee also includes:
17
18 (1) all elected or appointed officers, members of
18
19 governing bodies and other persons designated to
19
20 act for an agency or political subdivision, but
20
21 the term does not mean a person or other legal
21
22 entity while acting in the capacity of an
22
23 independent contractor or an employee of an
23
24 independent contractor,
24
Req. No. 3221 Page 5
1 (2) from September 1, 1991, through June 30, 1996,
1
2 licensed physicians, licensed osteopathic
2
3 physicians and Certified Nurse-Midwives providing
3
4 prenatal, delivery or infant care services to
4
5 State Department of Health clients pursuant to a
5
6 contract entered into with the State Department
6
7 of Health in accordance with paragraph 3 of
7
8 subsection C of Section 1-106 of Title 63 of the
8
9 Oklahoma Statutes but only insofar as services
9
10 authorized by and in conformity with the terms of
10
11 the contract and the requirements of Section 1-
11
12 233 of Title 63 of the Oklahoma Statutes, and
12
13 (3) any volunteer, full-time or part-time firefighter
13
14 firefighters when performing duties for a fire
14
15 department provided for in subparagraph j of
15
16 paragraph 12 of this section.
16
17 b. For the purposes of The Governmental Tort Claims Act,
17
18 the following are employees of this state, regardless
18
19 of the place in this state where duties as employees
19
20 are performed:
20
21 (1) physicians acting in an administrative capacity,
21
22 (2) resident physicians and resident interns
22
23 participating in a graduate medical education
23
24 program of the University of Oklahoma Health
24
Req. No. 3221 Page 6
1 Sciences Center, the Oklahoma State University
1
2 College of Osteopathic Medicine, a public trust
2
3 created pursuant to Section 3224 of Title 63 of
3
4 the Oklahoma Statutes and any sole member not-
4
5 for-profit corporation of the public trust and
5
6 any sole member not-for-profit subsidiary of such
6
7 corporation, or the Department of Mental Health
7
8 and Substance Abuse Services,
8
9 (3) faculty members and staff of the University of
9
10 Oklahoma Health Sciences Center, the Oklahoma
10
11 State University College of Osteopathic Medicine,
11
12 or a public trust created pursuant to Section
12
13 3224 of Title 63 of the Oklahoma Statutes and any
13
14 sole member not-for-profit corporation of the
14
15 public trust and any sole member not-for-profit
15
16 subsidiary of such corporation, while engaged in
16
17 teaching duties,
17
18 (4) physicians who practice medicine or act in an
18
19 administrative capacity as an employee of an
19
20 agency of this state,
20
21 (5) physicians who provide medical care to inmates
21
22 pursuant to a contract with the Department of
22
23 Corrections,
23
24
24
Req. No. 3221 Page 7
1 (6) any person who is licensed to practice medicine
1
2 pursuant to Title 59 of the Oklahoma Statutes,
2
3 who is under an administrative professional
3
4 services contract with the Oklahoma Health Care
4
5 Authority under the auspices of the Oklahoma
5
6 Health Care Authority Chief Medical Officer, and
6
7 who is limited to performing administrative
7
8 duties such as professional guidance for medical
8
9 reviews, reimbursement rates, service
9
10 utilization, health care delivery and benefit
10
11 design for the Oklahoma Health Care Authority,
11
12 only while acting within the scope of such
12
13 contract,
13
14 (7) licensed medical professionals under contract
14
15 with city, county, or state entities who provide
15
16 medical care to inmates or detainees in the
16
17 custody or control of law enforcement agencies,
17
18 (8) licensed mental health professionals as defined
18
19 in Sections 1-103 and 5-502 of Title 43A of the
19
20 Oklahoma Statutes, who are conducting initial
20
21 examinations of individuals for the purpose of
21
22 determining whether an individual meets the
22
23 criteria for emergency detention as part of a
23
24
24
Req. No. 3221 Page 8
1 contract with the Department of Mental Health and
1
2 Substance Abuse Services, and
2
3 (9) licensed mental health professionals as defined
3
4 in Sections 1-103 and 5-502 of Title 43A of the
4
5 Oklahoma Statutes, who are providing mental
5
6 health or substance abuse treatment services
6
7 under a professional services contract with the
7
8 Department of Mental Health and Substance Abuse
8
9 Services and are providing such treatment
9
10 services at a state-operated facility.
10
11 Physician faculty members and physician staff of the
11
12 University of Oklahoma Health Sciences Center, the
12
13 Oklahoma State University College of Osteopathic
13
14 Medicine, or a public trust created pursuant to
14
15 Section 3224 of Title 63 of the Oklahoma Statutes and
15
16 any sole member not-for-profit corporation of the
16
17 public trust and any sole member not-for-profit
17
18 subsidiary of such corporation not acting in an
18
19 administrative capacity or engaged in teaching duties
19
20 are not employees or agents of the state.
20
21 c. For the purposes of The Governmental Tort Claims Act,
21
22 employee shall include independent contractors and
22
23 employees of independent contractors while actively
23
24 engaged in the transport of individuals in need of
24
Req. No. 3221 Page 9
1 initial assessment, emergency detention, or protective
1
2 custody as authorized by Section 1-110 of Title 43A of
2
3 the Oklahoma Statutes.
3
4 d. Except as provided in subparagraph b of this
4
5 paragraph, in no event shall the state be held liable
5
6 for the tortious conduct of any physician, resident
6
7 physician or intern while practicing medicine or
7
8 providing medical treatment to patients.
8
9 e. For purposes of The Governmental Tort Claims Act,
9
10 members of the state military forces on state active
10
11 duty orders or on Title 32 active duty orders are
11
12 employees of this state, regardless of the place,
12
13 within or outside this state, where their duties as
13
14 employees are performed;.
14
15 f. For the purposes of The Governmental Tort Claims Act,
15
16 employee shall include contractors, subcontractors,
16
17 and employees of such for the purposes of civil
17
18 actions arising out of roadway work zone operations
18
19 performed under contract with the Department of
19
20 Transportation or a political subdivision of this
20
21 state, as provided in Section 10 of this act;
21
22 8. "Loss" means death or injury to the body or rights of a
22
23 person or damage to real or personal property or rights therein;
23
24
24
Req. No. 3221 Page 10
1 9. "Medically indigent" means a person requiring medically
1
2 necessary hospital or other health care services for the person or
2
3 the dependents of the person who has no public or private third-
3
4 party coverage, and whose personal resources are insufficient to
4
5 provide for needed health care;
5
6 10. "Municipality" means any incorporated city or town, and all
6
7 institutions, agencies, or instrumentalities of a municipality;
7
8 11. "Occurrence" means a loss arising out of an accident or
8
9 event or a continuous or repeated exposure to substantially the same
9
10 general harmful conditions. All losses arising out of an accident
10
11 or event or a continuous or repeated exposure to substantially the
11
12 same general harmful conditions shall be deemed to have arisen out
12
13 of one occurrence;
13
14 12. "Political subdivision" means:
14
15 a. a municipality,
15
16 b. a school district, including, but not limited to, a
16
17 technology center school district established pursuant
17
18 to Section 4410, 4411, 4420 or 4420.1 of Title 70 of
18
19 the Oklahoma Statutes, or a public library as defined
19
20 pursuant to Section 1-104 of Title 65 of the Oklahoma
20
21 Statutes,
21
22 c. a county,
22
23 d. a public trust where the sole beneficiary or
23
24 beneficiaries are a city, town, school district or
24
Req. No. 3221 Page 11
1 county. For purposes of The Governmental Tort Claims
1
2 Act, a public trust shall include:
2
3 (1) a municipal hospital created pursuant to Sections
3
4 30-101 through 30-109 of Title 11 of the Oklahoma
4
5 Statutes, a county hospital created pursuant to
5
6 Sections 781 through 796 of Title 19 of the
6
7 Oklahoma Statutes, or is created pursuant to a
7
8 joint agreement between such governing
8
9 authorities, that is operated for the public
9
10 benefit by a public trust created pursuant to
10
11 Sections 176 through 180.4 of Title 60 of the
11
12 Oklahoma Statutes and managed by a governing
12
13 board appointed or elected by the municipality,
13
14 county, or both, who exercises control of the
14
15 hospital, subject to the approval of the
15
16 governing body of the municipality, county, or
16
17 both,
17
18 (2) a public trust created pursuant to Sections 176
18
19 through 180.4 of Title 60 of the Oklahoma
19
20 Statutes after January 1, 2009, the primary
20
21 purpose of which is to own, manage, or operate a
21
22 public acute care hospital in this state that
22
23 serves as a teaching hospital for a medical
23
24 residency program provided by a college of
24
Req. No. 3221 Page 12
1 osteopathic medicine and provides care to
1
2 indigent persons, and
2
3 (3) a corporation in which all of the capital stock
3
4 is owned, or a limited liability company in which
4
5 all of the member interest is owned, by a public
5
6 trust,
6
7 e. for the purposes of The Governmental Tort Claims Act
7
8 only, a housing authority created pursuant to the
8
9 provisions of the Oklahoma Housing Authorities Act,
9
10 f. for the purposes of The Governmental Tort Claims Act
10
11 only, corporations organized not for profit pursuant
11
12 to the provisions of the Oklahoma General Corporation
12
13 Act for the primary purpose of developing and
13
14 providing rural water supply and sewage disposal
14
15 facilities to serve rural residents,
15
16 g. for the purposes of The Governmental Tort Claims Act
16
17 only, districts formed pursuant to the Rural Water,
17
18 Sewer, Gas and Solid Waste Management Districts Act,
18
19 h. for the purposes of The Governmental Tort Claims Act
19
20 only, master conservancy districts formed pursuant to
20
21 the Conservancy Act of Oklahoma,
21
22 i. for the purposes of The Governmental Tort Claims Act
22
23 only, a fire protection district created pursuant to
23
24
24
Req. No. 3221 Page 13
1 the provisions of Section 901.1 et seq. of Title 19 of
1
2 the Oklahoma Statutes,
2
3 j. for the purposes of The Governmental Tort Claims Act
3
4 only, a benevolent or charitable corporate volunteer
4
5 or full-time fire department for an unincorporated
5
6 area created pursuant to the provisions of Section 592
6
7 et seq. of Title 18 of the Oklahoma Statutes,
7
8 k. for purposes of The Governmental Tort Claims Act only,
8
9 an emergency services provider rendering services
9
10 pursuant to an existing contract between the emergency
10
11 services provider and the State Department of Health.
11
12 Provided, however, that the acquisition of commercial
12
13 liability insurance covering the activities of such
13
14 emergency services provider performed within this
14
15 state shall not operate as a waiver of any of the
15
16 limitations, immunities or defenses provided for
16
17 political subdivisions pursuant to the terms of The
17
18 Governmental Tort Claims Act,
18
19 l. for purposes of The Governmental Tort Claims Act only,
19
20 a conservation district created pursuant to the
20
21 provisions of the Conservation District Act,
21
22 m. for purposes of The Governmental Tort Claims Act,
22
23 districts formed pursuant to the Oklahoma Irrigation
23
24 District Act,
24
Req. No. 3221 Page 14
1 n. for purposes of The Governmental Tort Claims Act only,
1
2 any community action agency established pursuant to
2
3 Sections 5035 through 5040.1 of Title 74 of the
3
4 Oklahoma Statutes,
4
5 o. for purposes of The Governmental Tort Claims Act only,
5
6 any organization that is designated as a youth
6
7 services agency, pursuant to Section 2-7-306 of Title
7
8 10A of the Oklahoma Statutes,
8
9 p. for purposes of The Governmental Tort Claims Act only,
9
10 any judge presiding over a drug court, as defined by
10
11 Section 471.1 of Title 22 of the Oklahoma Statutes,
11
12 q. for purposes of The Governmental Tort Claims Act only,
12
13 any child-placing agency licensed by this state to
13
14 place children in foster family homes,
14
15 r. for purposes of The Governmental Tort Claims Act only,
15
16 a circuit engineering district created pursuant to
16
17 Section 687.1 of Title 69 of the Oklahoma Statutes,
17
18 s. for purposes of The Governmental Tort Claims Act only,
18
19 a substate planning district, regional council of
19
20 government or other entity created pursuant to Section
20
21 1001 et seq. of Title 74 of the Oklahoma Statutes, and
21
22 t. for purposes of The Governmental Tort Claims Act only,
22
23 a regional transportation authority created pursuant
23
24 to Section 1370.7 of Title 68 of the Oklahoma Statutes
24
Req. No. 3221 Page 15
1 including its contract operator and any railroad
1
2 operating in interstate commerce that sells a property
2
3 interest or provides services to a regional
3
4 transportation authority or allows the authority to
4
5 use the property or tracks of the railroad for the
5
6 provision of public passenger rail service to the
6
7 extent claims against the contract operator or
7
8 railroad arise out of or are related to or in
8
9 connection with such property interest, services or
9
10 operation of the public passenger rail service.
10
11 Provided, the acquisition of commercial liability
11
12 insurance to cover the activities of the regional
12
13 transportation authority, contract operator or
13
14 railroad shall not operate as a waiver of any
14
15 liabilities, immunities or defenses provided pursuant
15
16 to the provisions of The Governmental Tort Claims Act,
16
17 and all their institutions, instrumentalities or agencies;
17
18 13. "Scope of employment" means performance by an employee
18
19 acting in good faith within the duties of the employee's office or
19
20 employment or of tasks lawfully assigned by a competent authority
20
21 including the operation or use of an agency vehicle or equipment
21
22 with actual or implied consent of the supervisor of the employee,
22
23 but shall not include corruption or fraud;
23
24
24
Req. No. 3221 Page 16
1 14. "State" means the State of Oklahoma or any office,
1
2 department, agency, authority, commission, board, institution,
2
3 hospital, college, university, public trust created pursuant to
3
4 Title 60 of the Oklahoma Statutes of which the State of Oklahoma is
4
5 the beneficiary, or other instrumentality thereof;
5
6 15. "State active duty" shall be defined in accordance with
6
7 Section 801 of Title 44 of the Oklahoma Statutes;
7
8 16. "State military forces" shall be defined in accordance with
8
9 Section 801 of Title 44 of the Oklahoma Statutes;
9
10 17. "Title 32 active duty" shall be defined in accordance with
10
11 Section 801 of Title 44 of the Oklahoma Statutes; and
11
12 18. "Tort" means a legal wrong, independent of contract,
12
13 involving violation of a duty imposed by general law, statute, the
13
14 Oklahoma Constitution, or otherwise, resulting in a loss to any
14
15 person, association or corporation as the proximate result of an act
15
16 or omission of a political subdivision or the state or an employee
16
17 acting within the scope of employment; provided, however, a tort
17
18 shall not include a claim for inverse condemnation.
18
19 SECTION 4. NEW LAW A new section of law to be codified
19
20 in the Oklahoma Statutes as Section 1240 of Title 69, unless there
20
21 is created a duplication in numbering, reads as follows:
21
22 As used in this act:
22
23 1. "Automated work zone speed enforcement system" means a
23
24 system using radar, lidar, or similar technology to detect vehicle
24
Req. No. 3221 Page 17
1 speed and capture an image of the vehicle's license plate for civil
1
2 enforcement purposes;
2
3 2. "Contract documents" means all plans, specifications, and
3
4 traffic-control plans issued or approved by the Department of
4
5 Transportation or the contracting entity;
5
6 3. "Contracting entity" means any political subdivision of this
6
7 state that contracts with a contractor to provide traffic control or
7
8 roadway services;
8
9 4. "Contractor" means any prime contractor, subcontractor, or
9
10 their employees engaged in providing traffic control or roadway
10
11 services under contract with the Department of Transportation or any
11
12 political subdivision of this state;
12
13 5. "Gross negligence" means conduct that demonstrates reckless
13
14 disregard for the safety of others, beyond ordinary negligence;
14
15 6. "MUTCD" means the Manual on Uniform Traffic Control Devices;
15
16 and
16
17 7. "Work zone" means any segment of roadway where construction,
17
18 maintenance, or utility work is being performed and is marked by
18
19 traffic control devices in accordance with MUTCD and Department of
19
20 Transportation specifications.
20
21 SECTION 5. NEW LAW A new section of law to be codified
21
22 in the Oklahoma Statutes as Section 1241 of Title 69, unless there
22
23 is created a duplication in numbering, reads as follows:
23
24
24
Req. No. 3221 Page 18
1 A. 1. The Department of Transportation, in consultation with
1
2 the Oklahoma Highway Patrol, shall, beginning on the effective date
2
3 of this act until July 1, 2031, unless extended by an act of the
3
4 Legislature, establish a demonstration program utilizing automated
4
5 work zone speed enforcement systems in active roadway work zones.
5
6 2. Automated work zone speed enforcement systems shall:
6
7 a. operate only during active roadway work zone
7
8 operations,
8
9 b. be deployed on no fewer than five and no more than
9
10 twenty active roadway projects at any given time, with
10
11 priority for deployment given to high-speed or high-
11
12 risk work zones, as determined by the Department,
12
13 c. be accompanied by the installation of advance signage
13
14 which shall clearly inform motorists of the presence
14
15 of automated work zone speed enforcement systems, and
15
16 d. not be installed or operated on highway exit ramps.
16
17 B. 1. Each such system installed shall undergo daily self-
17
18 tests and an annual calibration by an independent laboratory
18
19 designated by the Department.
19
20 2. Images taken by such systems shall be limited to the rear
20
21 and license plate of a vehicle and shall be destroyed within one (1)
21
22 year of case resolution.
22
23 C. 1. Motorists who violate the speed limits of a roadway work
23
24 zone monitored by an automated work zone speed enforcement system
24
Req. No. 3221 Page 19
1 shall receive a citation and shall be subject to the following
1
2 penalties:
2
3 a. for a first violation, the motorist may complete a
3
4 course on work zone safety, designated by the
4
5 Department, in lieu of a fine. Any cited motorist who
5
6 fails to complete such course within thirty (30) days
6
7 of the issuance of the initial citation shall be
7
8 subject to a fine not to exceed Seventy-five Dollars
8
9 ($75.00),
9
10 b. for a second violation within eighteen (18) months, a
10
11 fine not to exceed One Hundred Dollars ($100.00), and
11
12 c. for third or subsequent violations within eighteen
12
13 (18) months, a fine not to exceed One Hundred Twenty-
13
14 five Dollars ($125.00).
14
15 2. An additional twenty-five-dollar late fee may be applied by
15
16 the Department if a cited motorist does not pay an assessed fine
16
17 within thirty (30) days after the receipt of a citation.
17
18 3. Violations assessed under the provisions of this subsection
18
19 shall not constitute criminal convictions, shall not result in the
19
20 assessment of points to the driving record of a motorist, and shall
20
21 not be used by insurers for rating purposes.
21
22 D. Eighty percent (80%) of the collected fines, pursuant to
22
23 subsection C of this section, shall be deposited into the Work Zone
23
24 Safety Revolving Fund, as created in Section 12 of this act. The
24
Req. No. 3221 Page 20
1 remaining twenty percent (20%) of the collected fines shall be
1
2 distributed to the municipality or county where the violation
2
3 occurred.
3
4 E. For the first thirty (30) days following the deployment of
4
5 an automated work zone speed enforcement system at a work zone,
5
6 motorists who violate the speed limits of such work zone shall
6
7 receive a written warning in lieu of the citations provided for in
7
8 subsection C of this section.
8
9 SECTION 6. NEW LAW A new section of law to be codified
9
10 in the Oklahoma Statutes as Section 1242 of Title 69, unless there
10
11 is created a duplication in numbering, reads as follows:
11
12 A. Contractors and subcontractors performing active roadway
12
13 construction, maintenance, or traffic control operations may equip
13
14 and operate flashing red and blue lamps on the rear of work vehicles
14
15 for the purpose of warning approaching motorists. Such lamps shall:
15
16 1. Be used only during active work zone operations;
16
17 2. Face rearward for visibility;
17
18 3. Not be used for traffic stops, pursuits, or law enforcement
18
19 functions; and
19
20 4. Be configured in accordance with Department of Public Safety
20
21 specifications for brightness and uniformity.
21
22 B. Nothing in this section shall be construed as granting work
22
23 vehicles equipped with such lamps emergency vehicle status.
23
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1 SECTION 7. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 1243 of Title 69, unless there
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3 is created a duplication in numbering, reads as follows:
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4 The Department of Transportation and contractors may, when
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5 necessary to protect workers and facilitate safe traffic movement,
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6 temporarily detour traffic onto municipal or county roads.
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7 SECTION 8. NEW LAW A new section of law to be codified
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8 in the Oklahoma Statutes as Section 1244 of Title 69, unless there
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9 is created a duplication in numbering, reads as follows:
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10 A. A contractor performing traffic control services for the
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11 Department of Transportation or a political subdivision of this
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12 state shall not be liable for any claim of personal injury, property
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13 damage, or death arising out of a roadway condition if, at the time
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14 of the incident, the contractor was in compliance with approved
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15 contract documents and applicable standards.
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16 B. No person, including the driver or any occupant of a motor
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17 vehicle, shall be eligible to recover monetary damages,
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18 compensation, or awards of any kind from a contractor or
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19 subcontractor for injuries, death, or property damage sustained in a
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20 crash occurring within a designated work zone if the driver of such
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21 vehicle was, at the time of the crash, under the influence of
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22 alcohol, a controlled dangerous substance, or other intoxicating
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23 substance, as defined in Section 1-140.1 of Title 47 of the Oklahoma
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24 Statutes. The prohibition in this subsection applies regardless of
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Req. No. 3221 Page 22
1 whether the intoxicated driver was cited, arrested, or convicted,
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2 provided that competent evidence establishes impairment at the time
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3 of the crash. Nothing in this subsection shall be construed to
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4 prevent any person from pursuing civil or criminal remedies against
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5 the intoxicated driver or the driver's estate.
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6 C. The provisions of this subsection shall be construed
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7 liberally in favor of protecting contractors and subcontractors who
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8 comply with Manual on Uniform Traffic Control Devices (MUTCD) and
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9 Department standards from liability arising from the misconduct of
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10 third-party motorists.
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11 SECTION 9. NEW LAW A new section of law to be codified
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12 in the Oklahoma Statutes as Section 1245 of Title 69, unless there
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13 is created a duplication in numbering, reads as follows:
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14 A. If the Department of Transportation or a contracting entity
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15 requests that a contractor prepare a traffic-control plan or design
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16 documents, and such plan is reviewed and approved in writing, the
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17 contractor shall not be liable for injury or damage arising out of
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18 that plan's design or layout, provided that the contractor complies
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19 with the approved version. Such immunity shall apply whether the
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20 contractor acts as a prime contractor or subcontractor.
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21 B. Nothing in this act shall impose upon any contractor a duty
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22 to investigate or identify defects in plans prepared or approved by
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23 the Department or a contracting entity.
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1 C. A contractor may install additional warning devices,
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2 barriers, or safety measures beyond those required by contract
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3 documents if, in the reasonable judgment of the contractor, such
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4 additions enhance public safety. Such installation shall not affect
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5 the immunity provided for in subsection A of this section unless
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6 such installation is the proximate cause of injury or damage.
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7 SECTION 10. NEW LAW A new section of law to be codified
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8 in the Oklahoma Statutes as Section 1246 of Title 69, unless there
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9 is created a duplication in numbering, reads as follows:
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10 A. For the purposes of civil actions arising out of roadway
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11 work zone operations performed under contract with the Department of
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12 Transportation or a political subdivision, a contractor or
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13 subcontractor acting within the scope of such contract and in
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14 compliance with approved contract documents and applicable standards
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15 shall be deemed an employee of this state or the contracting
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16 political subdivision within the meaning of The Governmental Tort
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17 Claims Act, as provided in Section 152 of Title 51 of the Oklahoma
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18 Statutes.
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19 B. When acting as such employee, as provided for in subsection
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20 A of this section, the contractor or subcontractor shall be entitled
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21 to the same immunities, defenses, and liability limitations as the
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22 governmental entity for which the work is performed, including the
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23 monetary limits for damages provided for in Section 154 of Title 51
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24 of the Oklahoma Statutes.
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1 C. Nothing in this section shall be construed to grant immunity
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2 for acts or omissions constituting gross negligence, willful
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3 misconduct, or reckless disregard for the safety of others.
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4 SECTION 11. NEW LAW A new section of law to be codified
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5 in the Oklahoma Statutes as Section 1247 of Title 69, unless there
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6 is created a duplication in numbering, reads as follows:
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7 Any contract provision requiring a contractor or subcontractor
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8 to waive the protections of this act shall be void and
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9 unenforceable.
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10 SECTION 12. NEW LAW A new section of law to be codified
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11 in the Oklahoma Statutes as Section 1248 of Title 69, unless there
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12 is created a duplication in numbering, reads as follows:
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13 There is hereby created in the State Treasury a revolving fund
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14 for the Department of Transportation to be designated the "Work Zone
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15 Safety Revolving Fund". The fund shall be a continuing fund, not
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16 subject to fiscal year limitations, and shall consist of all monies
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17 directed for deposit by the Department from the fines provided for
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18 in Section 5 of this act. All monies accruing to the credit of the
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19 fund are hereby appropriated and may be budgeted and expended by the
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20 Department for the purpose of improving work zone safety in this
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21 state. Expenditures from the fund shall be made upon warrants
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22 issued by the State Treasurer against claims filed as prescribed by
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23 law with the Director of the Office of Management and Enterprise
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24 Services for approval and payment.
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1 SECTION 13. This act shall become effective July 1, 2026.
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2 SECTION 14. It being immediately necessary for the preservation
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3 of the public peace, health or safety, an emergency is hereby
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4 declared to exist, by reason whereof this act shall take effect and
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5 be in full force from and after its passage and approval.
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Req. No. 3221 Page 26Every fact on this page links to its source, starting with the official bill record.