Oklahoma 2023 Regular Session

Oklahoma House Bill HB1939 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 1939 By: McCall
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38	38	AS INTRODUCED
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40	40	An Act relating to railroads; stating certain
41	41	legislative intent; clarifying certain acts by
42	42	operators of trains; making certain exceptio ns;
43	43	providing penalty; providi ng standards for assessing
44	44	penalty; requiring railroads minimize ob struction of
45	45	emergency vehicles; repealing 66 O.S. 2021, Section
46	46	190, which relates to railcar resting on a railroad
47	47	intersection; providing for codification; and
48	48	providing an effective date.
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56	56	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57	57	SECTION 1. NEW LAW A new section of law to be codified
58	58	in the Oklahoma Statutes as Section 191 of Title 66, unless there is
59	59	created a duplication in numbering, reads as follows:
60	60	A. It is the intent of the Oklahoma Legislature to address the
61	61	dangers associated with trains blocking intersections or street s in
62	62	which emergency vehicles could be prohibited from providing critical
63	63	access to the citizens of Oklahoma. Therefore, within the defined
64	64	limits of any town or municipality, a train or railcar shall only be
65	65	brought to a rest in a position which does not obstruct vehicular
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92	92	traffic at a railroad intersection with a public highway or st reet,
93	93	except when:
94	94	1. The train is moving in a continuous forward or backward
95	95	direction, or if the train is stopped for an emergency condition,
96	96	including an accident, derailment, critical mechanical failure,
97	97	track or bridge washout, storm, flood or other emergency situation;
98	98	2. A train and its crew, operating under the rules of the
99	99	Federal Railroad Administration (F RA), are unable to complete a
100	100	switching maneuver while setting out or picking up railcars ;
101	101	3. A train is stopped to all ow the passage of a second train,
102	102	or if the arrival of the second train is imminent and separation and
103	103	coupling of the stopped train would result in further unnecessary
104	104	blocking of motor vehicle traffic;
105	105	4. A train is stopped for a red train signal ; or
106	106	5. A train is cut or separated to prevent blocking of motor
107	107	vehicle traffic at a public crossing, and a working charging station
108	108	exists, the stoppage required for recoupling a train and performing
109	109	air tests as required by the FRA shall not be considered a v iolation
110	110	of this section.
111	111	B. Municipalities, county sheriffs, and the Oklahoma Highway
112	112	Patrol shall have the authority to issue a citation to any person or
113	113	corporation that violates a provision of this section. Such person
114	114	or corporation shall be subject to a fine not to exceed Five
115	115	Thousand Dollars ($5,000.00) for each violation. In determining the
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142	142	amount of the fine, the court shall consider the severity of the
143	143	violation, whether there is a history of violations by the person or
144	144	corporations and whether there were any good-faith efforts to
145	145	minimize the severity of the violation.
146	146	C. Every railroad shall be operated in such a manner as to
147	147	minimize obstruction of emergency vehicles at public highway grade
148	148	crossings.
149	149	SECTION 2. REPEALER 66 O.S. 2021, Section 190, is hereby
150	150	repealed.
151	151	SECTION 3. This act shall become effective November 1, 2023.
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153	153	59-1-6212 JBH 01/18/23