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Oklahoma Legislature· SB 356Second Reading referred to Aeronautics and Transportation

An act relating to the operation of railroads, the official text

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                  1st Session of the 60th Legislature (2025)

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3 SENATE BILL 356           By: Boren
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6                           AS INTRODUCED

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7   An Act relating to the operation of railroads;

7   defining terms; prohibiting operation of trains

8   exceeding a certain length; creating a civil penalty;

8   providing for certain fine for certain violations;

9   allowing for Transportation Commission to request

9   Attorney General take certain action; directing

10  deposit of certain monies; providing for

10  codification; and providing an effective date.

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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15  SECTION 1.     NEW LAW  A new section of law to be codified

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16 in the Oklahoma Statutes as Section 104 of Title 66, unless there is
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17 created a duplication in numbering, reads as follows:
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18  As used in this act:

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19  1. "Branch line" means a secondary railroad track that branches

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20 off from a main line;
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21  2. "Main line" means a Class I railroad as documented in

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22 current timetables filed by the Class I railroad with the Federal
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23 Railroad Administration under 49 C.F.R., Section 217.7 when the
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    Req. No. 1067                                              Page 1
1 railroad has five million (5,000,000) or more gross tons of railroad
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2 traffic transported annually;
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3   3. "Railroad" means any form of non-highway ground

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4 transportation that runs on rails or electromagnetic guideways;
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5   4. "Train" means one or more locomotives, coupled with or

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6 without cars, that require an air brake test in accordance with 49
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7 C.F.R., Part 232 or 238; and
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8   5. "Siding or passing track" means a sidetrack with switches at

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9 both ends.
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10  SECTION 2.     NEW LAW       A new section of law to be codified

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11 in the Oklahoma Statutes as Section 105 of Title 66, unless there is
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12 created a duplication in numbering, reads as follows:
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13  A. No railroad company operating in this state shall run or

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14 permit to be run any train that exceeds eight thousand five hundred
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15 (8,500) feet in length or exceeds the length of the shortest siding
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16 or passing track on which it travels on any main line or branch
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17 line, or that routinely or repeatedly blocks any intersection for
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18 periods exceeding ten (10) minutes at one time.
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19  B. Except as provided in subsection C of this section, if any

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20 railroad company has been determined by the Transportation
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21 Commission as willfully violating subsection A of this section, the
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22 company shall be liable for a civil penalty not less than Five
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23 Hundred Dollars ($500.00) per foot nor more than One Thousand
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    Req. No. 1067                                              Page 2
1 Dollars ($1,000.00) per foot of the length of a train exceeding the
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2 limitation set forth in subsection A of this section.
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3   C. Any railroad company that commits a grossly negligent

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4 violation or that has a pattern of repeated violations, which the
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5 Transportation Commission has determined caused an imminent threat
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6 of death or injury to another person or that caused death or injury
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7 to another person, shall be subject to a fine not to exceed Two
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8 Hundred Fifty Thousand Dollars ($250,000.00).
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9   D. In determining the amount of a civil penalty under this

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10 section, the Transportation Commission shall consider the:
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11  1. Nature, circumstances, extent, and seriousness of the

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12 violation; and
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13  2. Degree of culpability, history of violations, ability to

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14 pay, and any effect on the violator's ability to continue to do
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15 business.
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16  E. At the request of the Transportation Commission, the

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17 Attorney General may initiate a civil action in any court of
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18 competent jurisdiction to collect any civil penalty imposed pursuant
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19 to this section. A civil action under this section shall be
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20 commenced within three (3) years of the date of the violation or
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21 within three (3) years of the latest violation if a repeated offense
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22 is alleged.
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    Req. No. 1067                                              Page 3
1   F. Any civil penalty received under this section shall be

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2 deposited in the State Transportation Fund created under Section
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3 1501.1 of Title 69 of the Oklahoma Statutes.
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4   SECTION 3. This act shall become effective November 1, 2025.

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6   60-1-1067      MSBB  1/3/2025 4:25:46 PM

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    Req. No. 1067                               Page 4
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