Oklahoma 2022 Regular Session

Oklahoma House Bill HB1814 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB1814 HFLR Page 1
4		-	BOLD FACE denotes Committee Amendments. 1
	3	+	Req. No. 5670 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 58th Legislature (2021)
34	31
35		-	COMMITTEE SUBSTITUTE
36		-	FOR
37		-	HOUSE BILL NO. 1814 By: McBride of the House
38		-
39		-	and
40		-
41		-	Weaver of the Senate
	32	+	HOUSE BILL 1814 By: McBride
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47		-	~~COMMITTEE SUBSTITUTE~~
	38	+	AS INTRODUCED
48	39
49	40		An Act relating to motor vehicles; creating the
50	41		Automated Traffic Control Systems in Highway
51	42		Construction or Maintenance Zones Act; stat ing
52	43		purpose; authorizing the establishment of automated
53	44		traffic control systems by the Department of Public
54	45		Safety under certain conditions; requiring certain
55	46		evidentiary burden; defining terms; clarifying
56	47		penalty for certain traffic violations; requiring
57	48		certain information campaign prior to implementation;
58	49		requiring certain signage; limiting operation of
59	50		automated traffic control systems; limiting use of
60	51		photographs and other recorded images obtained by
61	52		automated traffic control systems; making certain
62	53		traffic violation convictions contingent on driver
63	54		identification; requiring certain information be
64	55		clearly visible on photographs and recorded images
65	56		generated by the automated traffic control systems;
66	57		authorizing certain delivery methods for certain
67	58		traffic violation citations; requiring certain
68	59		information be clearly visible on certain traffic
69	60		violation citations; authorizing certain methods or
70	61		response to citations; limiting liability of vehicle
71	62		owner in certain circumstances; providing that
72	63		certain photographs and images be admissible in
73	64		certain proceedings; providing exception; providing
74	65		exemption to the Oklahoma Open Records Act; requiring
75	66		certain citations be dismissed in certain
	67	+	circumstances; providing criteria to qualify for
	68	+	citation dismissal; auth orizing the promulgation of
	69	+	administrative rules; providing for codification; and
	70	+	providing an effective date.
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77		-	HB1814 HFLR Page 2
78		-	BOLD FACE denotes Committee Amendments. 1
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	76	+	Req. No. 5670 Page 2 1
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103		-	circumstances; providing criteria to qualify for
104		-	citation dismissal; authorizing the promulgation of
105		-	administrative rules; providing for codification; and
106		-	providing an effective date.
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113	101		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
114	102		SECTION 1. NEW LAW A new section of law to be codified
115	103		in the Oklahoma Statutes as Section 11 -1501 of Title 47, unless
116	104		there is created a duplication in numbering, reads as follows:
117	105		This act shall be known and may be cited as the "Automated
118	106		Traffic Control Systems in Highway Construction or Maintenance Zones
119	107		Act".
120	108		SECTION 2. NEW LAW A new section of law to be codified
121	109		in the Oklahoma Statutes as Section 11 -1502 of Title 47, unless
122	110		there is created a duplication in numbering, reads as follows:
123	111		The purpose of the Automated Traffic Control S ystems in Highway
124	112		Construction or Maintenance Zones Act is to increase safety in
125	113		highway construction or maintenance zones.
126	114		SECTION 3. NEW LAW A new section of law to be codified
127	115		in the Oklahoma Statutes as Section 11 -1503 of Title 47, unless
128	116		there is created a duplication in numbering, reads as follows:
129	117		A. The Department of Public Safety may establish automated
130	118		traffic control systems in construction or maintenance zones
	119	+	established by the Department of Transportation or the Oklaho ma
	120	+	Turnpike Authority.
	121	+	B. Automated traffic control systems shall operate only during
	122	+	periods when workers are present in the construction or maintenance
	123	+	zone where the system is located.
131	124
132		-	HB1814 HFLR Page 3
133		-	BOLD FACE denotes Committee Amendments. 1
	125	+	Req. No. 5670 Page 3 1
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158		-	established by the Department of Transportation or the Oklahoma
159		-	Turnpike Authority.
160		-	B. Automated traffic control systems shall operate only during
161		-	periods when workers are present in the construction or mai ntenance
162		-	zone where the system is located.
163	150		C. When prosecutions are based upon evidence obtained through
164	151		an automated traffic control system establish ed under the provisions
165	152		of the Automated Traffic Control Systems in Highway Construction on
166	153		Maintenance Zones Act , the State of Oklahoma shall prove that one or
167	154		more workers were present in the construction or maint enance zone at
168	155		the time the violation, which is the subject of the prosecution,
169	156		occurred.
170	157		SECTION 4. NEW LAW A new section of law to be codified
171	158		in the Oklahoma Statutes as Section 11 -1504 of Title 47, unless
172	159		there is created a dupl ication in numbering, reads as follows:
173	160		For purposes of the Automated Traffic Control Systems in Highway
174	161		Construction or Maintenance Zones Act :
175	162		1. "Automated traffic control system " means a photographic
176	163		device, radar device, laser device or other electrical or mechanical
177	164		device or devices designed to record the speed of a vehicle and
178		-	obtain a clear photograph or other recorded image of the vehicle and
179		-	the vehicle's license plate while the driver is in violation of
180		-	Section 11-806 of Title 47 of the Oklahoma Statutes. Photographs or
181		-	other recorded images must display the time, date and location of
	165	+	obtain a clear photograph or other recorded image of th e vehicle,
	166	+	the vehicle operator and the vehicle's license plate while the
	167	+	driver is in violation of Section 11 -806 of Title 47 of the Oklahoma
	168	+	Statutes. Photographs or other recorded ima ges must display the
	169	+	time, date and location of the violation. A law enforcement officer
	170	+	is not required to be present or witness the violation;
	171	+	2. "Construction or maintenance zone " means an area where the
	172	+	Department of Transportation or the Oklahoma Turnpike Authority has
	173	+	determined that the preexisting established speed limit through a
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183		-	HB1814 HFLR Page 4
184		-	BOLD FACE denotes Committee Amendments. 1
	175	+	Req. No. 5670 Page 4 1
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209		-	the violation. A law enforcement officer is not requ ired to be
210		-	present or witness the violation;
211		-	2. "Construction or maintenance zone" means an area where the
212		-	Department of Transportation or the Oklahoma Turnpike Authority has
213		-	determined that the preexisting established speed limit through a
214	200		highway construction or maintenance project is greater than is
215	201		reasonable or safe with respect to the conditions expected to exist
216	202		in the area, and the Department or Authority has posted by
217	203		changeable message or other appropriate sign a lower speed limit for
218	204		the area; and
219	205		3. "Owner" means the person or entity to whom the vehicle is
220	206		registered.
221	207		SECTION 5. NEW LAW A new section of law to be codified
222	208		in the Oklahoma Statutes as Section 11 -1505 of Title 47, unless
223	209		there is created a duplication in numbering, reads as follows:
224	210		The penalty for a traffic violation recorded by an automated
225	211		traffic control system shall be the same as otherwise provided by
226	212		statute for the violation.
227	213		SECTION 6. NEW LAW A new section of law to be codified
228	214		in the Oklahoma Statutes as Section 11 -1506 of Title 47, unless
229	215		there is created a d uplication in numbering, reads as follows:
230	216		A. Prior to utilizing automated traffic control systems, the
231	217		Department of Public Safety shall conduct a public information
	218	+	campaign to inform drivers about the use of such systems in highway
	219	+	construction or main tenance zones.
	220	+	B. Signs indicating that speeds are enforced by automated
	221	+	traffic control systems shall be clearly posted in the areas where
	222	+	such systems are in use.
232	223
233		-	HB1814 HFLR Page 5
234		-	BOLD FACE denotes Committee Amendments. 1
	224	+	Req. No. 5670 Page 5 1
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259		-	campaign to inform drivers about the use of such systems in highway
260		-	construction or maintenance zones.
261		-	B. Signs indicating that speeds are enforced by automated
262		-	traffic control systems shall be clearly posted in the areas where
263		-	such systems are in use.
264	249		C. Operation of automated traffic control systems shall be
265	250		limited to areas where road co nstruction or maintenance is
266	251		occurring.
267	252		D. Photographs or other recorded images obtained by automated
268	253		traffic control systems shall only be used as evidence in relation
269	254		to the violation of Section 11 -806 of Title 47 of the Oklahoma
270	255		Statutes for which the photograph or other recorded images were
271	256		taken.
272	257		E. A driver shall not be convicted of a traffic violation
273	258		recorded by an automated traffic control system unless the driver is
274	259		identified through photograph or other recorded images obtained by
275	260		the system in relation to the violation.
276	261		SECTION 7. NEW LAW A new section of law to be codified
277	262		in the Oklahoma Statutes as Section 11 -1507 of Title 47, unless
278	263		there is created a duplication in numbering, reads as follows:
279	264		A. The vehicle, vehic le operator, vehicle l icense plate, speed,
280	265		date, time and location must be clearly visible on the photograph or
281	266		other recorded images serving as the basis of a traffic violation
	267	+	citation authorized by the provisions of the Automated Traffic
	268	+	Control Systems in Highway Construction or Maintenance Zones Act .
	269	+	B. Traffic violation citations authorized by the provisions of
	270	+	this act shall:
	271	+	1. Be mailed or otherwise delivered to the registered owner of
	272	+	the vehicle associated with the violation within fourteen (14)
282	273
283		-	HB1814 HFLR Page 6
284		-	BOLD FACE denotes Committee Amendments. 1
	274	+	Req. No. 5670 Page 6 1
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309		-	citation authorized by the provisions of the Automated Traffic
310		-	Control Systems in Highway Construction or Maintenance Zones Act.
311		-	B. Traffic violation citations authorized by the provisions of
312		-	this act shall:
313		-	1. Be mailed or otherwise delivered to the registered owner of
314		-	the vehicle associated with the violation within fourteen (14)
315	299		business days of the alleged violation. If mailed , the citation
316	300		shall be sent by certified mai l with return receipt requested;
317	301		2. Include:
318	302		a. the name and address of the vehicle owner,
319	303		b. the license plate number of the vehicle,
320	304		c. the offense charged,
321	305		d. the time, date and location of the violation,
322	306		e. the applicable court date, and
323	307		f. notice that the basis of the citation is the
324	308		photograph or recorded images from the automated
325	309		traffic control system ; and
326	310		3. Be accompanied by a written document listing the alleged
327	311		violator's rights and obligations and an explanation of how the
328	312		alleged violator may elect to pay the fine or challenge the issuance
329	313		of the citation.
330	314		SECTION 8. NEW LAW A new section of law to be codified
331	315		in the Oklahoma Statutes as Section 11 -1508 of Title 47, unless
332	316		there is created a duplication in numbering, reads as follows:
	317	+	A. An individual issued a citatio n under the provisions of this
	318	+	act may respond to the citation in person or by any other method
	319	+	allowed by law.
	320	+	B. The owner of a vehicle shall not be held liable for a
	321	+	traffic violation recorded by an a utomated traffic control system if
	322	+	the driver of the vehicle at the time of the violation cannot be
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334		-	HB1814 HFLR Page 7
335		-	BOLD FACE denotes Committee Amendments. 1
	324	+	Req. No. 5670 Page 7 1
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360		-	A. An individual issued a citation under the provision s of this
361		-	act may respond to the citation in person or by any other method
362		-	allowed by law.
363		-	B. The owner of a vehicle shall not be held liable for a
364		-	traffic violation recorded by an automated traffic control system if
365		-	the driver of the vehicle at the time of the violation cannot be
366	349		identified through the photograph or other recorded images ob tained
367	350		by the system in relation to the violation.
368	351		SECTION 9. NEW LAW A new section of law to be codified
369	352		in the Oklahoma Statutes as Section 11 -1509 of Title 47, unless
370	353		there is created a duplication in numbering, reads as follows:
371	354		Except as provided in Section 11 of this act, all photographs
372	355		and other recorded images evidencing a violation of Section 11 -806
373	356		of Title 47 of the Oklahoma Statutes are admissible in proceedings
374	357		resulting from the issuance of a traffic violation citati on
375	358		authorized by the Automated Traffic Control Systems in Highway
376	359		Construction or Maintenance Zones Act .
377	360		SECTION 10. NEW LAW A new section of law to be codified
378	361		in the Oklahoma Statutes as Section 11 -1510 of Title 47, unless
379	362		there is created a duplication in numbering, reads as follows:
380	363		The Oklahoma Open Records Act shall not apply to data,
381	364		photographs and other recorded images collected by an automated
382	365		traffic control device operated purs uant to the provisions of the
	366	+	Automated Traffic Control Systems in Highway Construction or
	367	+	Maintenance Zones Act .
	368	+	SECTION 11. NEW LAW A new section of law to be codified
	369	+	in the Oklahoma Statutes as Section 11 -1511 of Title 47, unless
	370	+	there is created a duplication in numbering, re ads as follows:
383	371
384		-	HB1814 HFLR Page 8
385		-	BOLD FACE denotes Committee Amendments. 1
	372	+	Req. No. 5670 Page 8 1
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410		-	Automated Traffic Control Systems in Highway Construction or
411		-	Maintenance Zones Act.
412		-	SECTION 11. NEW LAW A new section of law to be codified
413		-	in the Oklahoma Statute s as Section 11-1511 of Title 47, unless
414		-	there is created a duplication in numbering, reads as follows:
415	397		A. A traffic violation citation issue d under the provisions of
416	398		this act to a vehicle rental or leasing company shall be dismissed
417	399		with respect to the rental or leasing company if:
418	400		1. The company responds to the traffic violation citation by
419	401		submitting, within thirty (30) days of the mailing of th e citation,
420	402		an affidavit or nonliability stating that, at the time of the
421	403		alleged speeding or other traffic violation, the vehicle was in the
422	404		custody and control of a renter or lessee under the ter ms of a
423	405		rental agreement or lease; and
424	406		2. The company provides the driver license numbe r, name and
425	407		address of the renter or lessee .
426	408		B. A traffic violation citation dismissed with respect to a
427	409		motor vehicle rental or leasing company in accordance with
428	410		subsection A of this section may later be issued and delivered by
429	411		mail or other means to the renter or lessee identified in the
430	412		affidavit of nonliability.
431	413		SECTION 12. NEW LAW A new section of law to be codified
432	414		in the Oklahoma Statutes as Section 11-1512 of Title 47, unless
433	415		there is created a duplication in numbering, reads as follows:
	416	+	The Department of Public Safety shall promulgate rules as
	417	+	necessary to implement the provisions of the Automated Traffic
	418	+	Control Systems in Highway Constr uction or Maintenance Zones Act.
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435		-	HB1814 HFLR Page 9
436		-	BOLD FACE denotes Committee Amendments. 1
	420	+	Req. No. 5670 Page 9 1
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461		-	The Department of Public Safety shall promulgate rules as
462		-	necessary to implement the provisions of the Automated Traffic
463		-	Control Systems in Highway Construction or Maintenance Zones Act.
464	445		SECTION 13. This act shall become effective November 1, 2021 .
465	446
466		-	COMMITTEE REPORT BY: COMMITTEE ON TRANSPORTATION, dated
467		-	02/11/2021 - DO PASS, As Amended and Coauthored.
	447	+	58-1-5670 JBH 01/05/21