SENATE FLOOR VERSION - HB2752 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SENATE FLOOR VERSION April 13, 2023 ENGROSSED HOUSE BILL NO. 2752 By: Miller of the House and Alvord of the Senate An Act relating to transportation; amending 47 O.S. 2021, Section 1-159, which relates to safety zone s; modifying definition; amending 47 O.S. 2021, Section 11-203, which relates to pedestrian-control signals; modifying actions for ped estrians when presented certain instructions; amending 47 O.S. 2021, Section 11-308, which relates to one-way roadways and rotary traffic island; modifying name of responsible entity; requiring certain tr affic move in certain manner; amending 47 O.S. 2021, Section 11 -309, which relates to additional rules for driving on roadways la ned for traffic; modifying requirements for vehicles driven on multi-laned roadways; amending 47 O.S. 2021, Section 11-803, which relates to when local authorities may and shall alter maximum limi ts; modifying description of certain streets and highways; amending 69 O.S. 2021, Sections 241, 242, and 301, which relate to the Department of Transportation; modifying references; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 47 O.S. 2021, Section 1 -159, is amended to read as follows: Section 1-159. The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected SENATE FLOOR VERSION - HB2752 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone pedestrian refuge. SECTION 2. AMENDATORY 47 O.S. 2021, Section 11 -203, is amended to read as follows: Section 11-203. Whenever special pedestrian-control signals exhibiting the words "Walk" or "Wait" or "Don't Walk", or WALKING PERSON or UPRAISED HAND symbols are in place, such signals shall indicate as follows: 1. Steady Walk or steady WALKING PERSON. Pedestrians facing such signal may proceed across start to cross the roadway in the direction of the signal after yielding right-of-way to vehicles lawfully within the intersection at the time the signal indications begins, and shall be given the right of way in the direc tion of the signal by the drivers of all vehicles. 2. Wait or Flashing Don't Walk or flashing UPRAISED HAN D. No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially com pleted his or her crossing on the walk signal shall proceed to a sidewalk or safety island pedestrian refuge while the wait steady Don't Walk or UPRAISED HAND signal is showing. 3. Steady Don't Walk or steady UPRAISED HAND. No pedestrian shall enter the roadway in the direction of the signal indication. SENATE FLOOR VERSION - HB2752 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 3. AMENDATORY 47 O. S. 2021, Section 11-308, is amended to read as follows: Section 11-308. (a) The State Highway Transportation Commission or local authorities, within their respective jurisdicti ons, may designate any street or highway or any separate roadway under their respective jurisdictions for on e-way traffic and shall erect appropriate signs giving notice thereof. (b) Upon a roadway designated and signposted for one -way traffic a vehicle shall be driven only in the direction designated. (c) A vehicle passing around a rotary traffic the central island of a circular intersection shall be driven only to the right of counterclockwise around such islands. SECTION 4. AMENDATORY 47 O.S. 2021, Section 11-309, is amended to read as follows: Section 11-309. Whenever any roadway ha s been divided into two or more clearly marked lanes for traffic, the following requirements in addition to all others consistent herewith shall ap ply. 1. A vehicle shall be driven as nearly as practicable entirely within a single lane. 2. A vehicle shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety and then given a signal, not less tha n the last one hundred (100) feet traveled by the vehicle, of his or her intention to change lanes. SENATE FLOOR VERSION - HB2752 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. Upon a roadway which is divided into three lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle wh ere the roadway is clearly visible and the center lane is clear of traffic within a safe distance, or in preparation for a left turn or where the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of the allocation. 4. A two-way left-turn lane is a lane near the center of the highway set aside for use by vehicles making left turns in both directions from or into the roadway. Two -way left-turn lanes shall be designated by distinctive roadway markings consisting of parallel double yellow lines, interior line dashed and exte rior line solid, on each side of the lane. A vehicle shall not be driven in a designated two-way left-turn lane except when preparing for or making a left turn from or into a roadway. Vehicles turning left from the roadway shall not be driven in the two -way left-turn lane for more than two hundred (200) feet while preparing for and making the turn. A vehicle turning left onto the roadway may utili ze the two-way left-turn lane as a staging area by stopping and waiting for traffic proceeding in the same di rection to clear before merging into the adjacent lanes of travel. A left turn shall not be made from any other lane where a two -way left-turn lane has been designated. Provided, however, this section shall not prohibit SENATE FLOOR VERSION - HB2752 SFLR Page 5 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 driving across a two -way left-turn lane when moving from a service drive onto such marked roadway. 5. 4. A vehicle shall not be driven in the left lane of a roadway except when ove rtaking and passing another vehicle; provided, however, this paragraph shall not prohibit driving in the left lane when traffic conditions, flow or road configuration, such as the potential of merging traffic, require the use of the left lane to maintain safe traffic conditions; provided further, this paragraph shall not prohibit driving in the left lane of a roa dway within the city limits of a municipality or upon a county road as long as such roadway is not part of the National System of Interstate and Defense Highways or a turnpike. 6. 5. Official signs may be erected directing slow-moving traffic to use a des ignated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such sign. Any person convicted of violating any provision of this section shall be punished as provided for in Section 17-101 of this title. SECTION 5. AMENDATORY 47 O.S. 20 21, Section 11-803, is amended to read as follows: Section 11-803. A. Whenever local authorities in thei r respective jurisdictions determine on the basis of an engineering and traffic investigation that the maximum speed permitted under SENATE FLOOR VERSION - HB2752 SFLR Page 6 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 this article is greater or less than is reasonable and safe under the conditions found to exist upon a highway or part of a highway, the local authority may determine and declare a reasonable and safe maximum limit thereon which: 1. Decreases the limit at intersectio ns; or 2. Increases the limit within an urban district, but not to more than sixty-five (65) miles per hour; o r 3. Decreases the limit outside an urban district, but not to less than thirty (30) miles per hour. B. Local authorities in their respective j urisdictions shall determine by an engineering and traffic investigation the proper maximum speed for all arter ial streets and shall declare a reasonable and safe maximum limit thereon which may be greater or less than the maximum speed permitted under Sec tion 1-101 et seq. of this title for an urban district. C. Any altered limit established as hereinabove author ized shall be effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice thereof are erected upon such street or highway. D. As to streets and highways within the corporate limits which have been constructed or reconstructed with state or federal funds are maintained by the Oklahoma Department of Transportation , local authorities shall have j oint authority with the Transportation Commission to establish or alter speed limits; provided, how ever, SENATE FLOOR VERSION - HB2752 SFLR Page 7 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the speed limit on an interstate highway within such corporate limits shall not be decreased to less than sixty (60) miles per hour; and provided furth er, that no local authority shall impose speed limits on any such street or highway substantially l ower than those justified by the highway design, capacity, and traffic volume as determined by engineering studies. E. Not more than six such alterations as hereinabove authorized shall be made per mile along a street or highway except in the case of reduced limits at intersections, and the difference between adjacent limits shall not be more than ten (10) miles per hour. SECTION 6. AMENDATORY 69 O.S. 2021, Section 241, is amended to read as follows: Section 241. The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, for travel under certain conditions, and for lateral support of base and surface courses. SECTION 7. AMENDATORY 69 O.S. 2021, Section 242, is amended to read as follows: Section 242. The system of state roads designated by the State Highway Transportation Commission, including necess ary urban extension, the responsibility for which is lodged in the Oklahoma Department of Highways Transportation. SECTION 8. AMENDATORY 69 O.S. 2021, Section 301, is amended to read as follows: SENATE FLOOR VERSION - HB2752 SFLR Page 8 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 301. (a) There is hereby c reated a an Oklahoma Department of Highways Transportation and a State Highway Transportation Commission in and for the State of Oklahoma, pursuant to the provisions of Section 1, of Article 16, XVI of the Constitution of the State of Okl ahoma, and such depar tment shall be governed by the State Highway Director of the Oklahoma Department of Transportation, provided for by Section 305 of this Code, under such reasonable rules, regulations and policies and road improvement programs as may be prescribed by the Co mmission. Such rules and regulations and amendments thereto as adopted by the Commission shall be filed and recorded in the office of the Secretary of State. (b) The Department and the Commission created by the preceding paragraph and the State Highway Director of the Oklahoma Department of Transportation provided for by Section 305 of this Code shall be the legal successors of, and unless and except as otherwise provided by this Code shall also hav e the powers and duties vested by oth er laws in, and shall take immediate charge of all equipment, supplies and property now in the possession of, the Department, Co mmission and Director, respectively, created and provided for by 69 O.S. 1961, Sections 20.1 and 20.6, as amended, and shall be liable for their respective obligations. SECTION 9. This act shall become effective November 1, 2023. COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY April 13, 2023 - DO PASS