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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1272 By: Hays
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 11-314, as amended by Section 1,
Chapter 270, O.S.L. 2023 (47 O.S. Supp. 2023, Section
11-314), which relates to the Bernardo -Mills Law;
modifying types of vehicles requiring certain
approach; modifying provision related to reduction in
speed; modifying name of offense; authorizing
completion of certain program in lieu of monet ary
penalty in certain circumstance; modifying
description of person offended; defining term;
amending Section 2, Chapter 270, O.S.L. 2022 (47 O.S.
Supp. 2023, Section 11 -1304), which relates to
Operation Work Zone Awareness; modifying educational
scope of program; expanding invitation to participate
to certain motorists; modifying provisions of program
disqualification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 11 -314, as
amended by Section 1, Chapter 270, O .S.L. 2023 (47 O.S. Supp. 2023,
Section 11-314), is amended to read as follows:
Section 11-314. A. This section shall be known and may be
cited as the “Bernardo -Mills Law”.
B. The driver of a motor vehicle, upon approaching a stationary
authorized emergency vehicle, a Department of Transportation
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maintenance vehicle, a Turnpike Authority maintenance vehicle, a
stationary vehicle that is displaying flashing lights or a licensed
wrecker that is displaying a flashing amber light, a combination red
or blue light or any combination of amber, red or blue lights ,
shall:
1. If traveling on a highway that consists of two or more lanes
that carry traffic in the same direction of travel a s that of the
driver, the driver shall proceed with due caution and shall, if
possible and with due regard to the road, weather, and traffic
conditions, change lanes into a lane that is not adjacent to the
stationary authorized emergency vehicle, a Department of
Transportation maintenance vehicle, a Turnpike Authority maintenance
vehicle, or licensed wrecker ; or if the driver is not able to change
lanes or if to do so would be unsafe, the driver shall proceed with
due caution and reduce the speed of the mot or vehicle to a safe
speed that is below the posted speed limit ; and
2. If traveling on a highway other than a highway described in
paragraph 1 of this subsection, the driver shall proceed with due
caution and reduce the speed of the motor vehicle to a sa fe speed
that is below the posted speed limit .
A person shall be guilty of the offense of roadway endangerment
of an emergency worker , upon conviction, for any offense act or
omission committed in violation of this subsection.
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C. This section does not rel ieve the operator of a stationary
authorized emergency vehicle, a Department of Transportation
maintenance vehicle, a Turnpike Authority maintenance vehicle, or
licensed wrecker from the consequences of reckless disregard for the
safety of all persons and property upon the highway.
D. Upon conviction for committing the offense of roadway
endangerment of an emergency worker pursuant to subsection B of this
section, if no injury or death of an emergency worker individual
resulted from the offense, and in add ition to any other penalty
authorized by law, the person shall be subject to a fine of:
1. One Thousand Dollars ($1,000.00) for a first offense; and
2. Two Thousand Five Hundred Dollars ($2,500.00) for a second
offense.
A person committing a first offens e in violation of this
subsection may complete the Operation Work Zone Awarene ss program
established in Section 11 -1304 of this title to avoid the monetary
penalty of a first offense.
E. A person shall be deemed to commit the offense of aggravated
roadway endangerment of an emergency worker upon conviction for any
offense pursuant to act or omission constituting an offense under
subsection B of this section when such offense results in the injury
or death of an emergency worker individual. Upon conviction for
committing the offense of aggravated roadway endangerment of an
emergency worker, in addition to any other penalty authorized by
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law, the person shall be subject to a fine of not more than Five
Thousand Dollars ($5,000.00) if the offense resulted in i njury to an
emergency worker and not more than Ten Thousand Dollars ($10,000.00)
if the offense resulted in the death of an emergency worker
individual.
F. No person shall be cited or convicted for roadway
endangerment of an emergency worker or aggravated roadway
endangerment of an emergency worker for any act or omission
otherwise constituting an offense under subsection B of this section
if such act or omission resulted, in whole or in part, from
mechanical failure of the vehicle of the person or from th e
negligence of another person or an emergency worker .
G. As used in this section, the term “stationary vehicle” shall
include, but may not be limited to , any: stationary vehicle;
authorized emergency vehicle ; Department of Transportation
maintenance vehicle; Oklahoma Turnpike Authority maintenance
vehicle; service vehicle belongi ng to a utility company ; or licensed
wrecker that is displaying flashing amber lights, a combination of
red or blue lights, or any combination of amber, red, or blue
lights.
SECTION 2. AMENDATORY Section 2, Chapter 270, O.S.L.
2022 (47 O.S. Supp. 2023, Section 11 -1304), is amended to read as
follows:
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Section 11-1304. A. The Department of Public Safety is
authorized to establish Operation Work Zone Aware ness. Operation
Work Zone Awareness is a program designed to educate the moto ring
public on the dangers of committing moving violations while
traveling in highway construction work zones or motorists failing to
move over or slow down pursuant to subsectio n D of Section 11-314 of
this title. The Department is authorized to develop and house on
its website an online work zone awareness presentation that may
include, but not be limited to, facts and figures representing the
dangers of motorists committing wo rk zone moving violations,
testimonials from highway construction workers and their families,
information on the importance of awareness and slowing down in work
zones, the importance of moving over or slowing down, and a
question-and-answer section to ens ure participants understand and
retain the information presented. The Department is authorized to
contract for the production, development, and maintenance of the
webpage through a vendor. The Department shall maintain in its
database a record of those c ompleting the program.
B. Motorists receiving a citation for committing movin g
violations within a work zone or for failure to move over or slow
down may receive information regarding an invitation to participate
in the Operation Work Zone Awareness progr am. A motorist who
participates in and completes the online program shall receive a
certificate designed and issued by the Department. Any person
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producing the certificate as proof in court that the program was
successfully completed shall be entitled to dismissal of the fine.
If proof of successful completion of the program is p resented to the
court in person or electronically, no later than the business day
preceding the first scheduled court appearance date, the dismissal
shall be without payment of c ourt costs. The court may access
information from the Department’s system to confirm completion of
the program. Offenders may participate in and complete the program
a maximum of one time. After completing the program, a motorist who
receives another citation in a work zone or for failure to move over
or slow down will be disqualified from utilizing the program
benefits a second time. If a motorist so chooses, he or she may not
participate in the program and instead pay the fine imposed on the
issued citation. Holders of commercial driver licenses cited while
driving a commercial motor vehicle are not eligible to participate
in the program.
C. Moving violations that qualify an offender to participate in
the Operation Work Zone Awareness program shall i nclude, but not be
limited to, speeding, distracted driving, failure to move o ver,
failure to obey flagger, and failure to obey traffic control
devices. Motorists committing impaired driving offenses, as defined
in Title 47 of the Oklahoma Statutes, in wo rk zones or otherwise,
including driving under the influence, driving while intoxicated,
driving under the influence under twenty -one (21) years of age, or a
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commercial driver license holder refusing a chemical test while
driving any vehicle, shall be disq ualified from the program.
D. The fee paid by a motorist for his or her parti cipation in
the Operation Work Zone Awareness program shall be Seventy -five
Dollars ($75.00) and shall be apportioned as follows:
1. Thirty-five Dollars ($35.00) to be deposited in the
Department of Public Safety Revolving Fund, created in Section 2 -
144.1 of Title 47 of the Oklahoma Statutes, to be used for
maintenance of the Operation Work Zone Awareness program;
2. Fifteen Dollars ($15.00) to be deposited in the Department
of Public Safety Patrol Vehicle Revolving Fund , created in Section
2-143 of Title 47 of the Oklahoma Statutes; and
3. Twenty-five Dollars ($25.00) to be deposited in the Oklahoma
Court Information System Revolving Fund, created in Section 1315 of
Title 20 of the Oklahoma Statutes, to be used to offset expenses
related to this program.
The Department is authorized to determine the manner in which
fees may be paid.
SECTION 3. This act shall become effective November 1, 2025.
60-1-10281 JBH 12/09/24