STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 1850	By:	Shelton

AS INTRODUCED

An Act relating to transportation; prohibiting the erection of certain road signs; providing basis for denial; defining term; limiting scope of review; providing for codification; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 322 of Title 69, unless there is created a duplication in numbering, reads as follows:
A.  The Oklahoma Department of Transportation shall remove or refuse to approve any road sign on the state highway system that is, or the Department has reason to believe will be, the cause of an unsafe condition for drivers in this state.  As used in this section, the term “unsafe condition” includes but is not limited to the following:
1.  Frustrates the use of the state’s public roads;
2.  Creates substantial reluctance on the part of drivers to use the road;
3.  Creates a dangerous condition;
4.  Intimidates or harasses a substantial number of drivers; or
5.  Conflicts with state or federal law.
B.  The application of subsection A of this section by the Department shall be viewpoint-neutral and based solely on the criteria provided in subsection A of this section.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 350.1 of Title 19, unless there is created a duplication in numbering, reads as follows:
A.  Every county in this state shall remove or refuse to approve any road sign on the county road system of the county that is, or the county has reason to believe will be, the cause of an unsafe condition for drivers in this state.  As used in this section, the term “unsafe condition” includes but is not limited to the following:
1.  Frustrates the use of the county’s public roads;
2.  Creates substantial reluctance on the part of drivers to use the road;
3.  Creates a dangerous condition;
4.  Intimidates or harasses a substantial number of drivers; or
5.  Conflicts with state or federal law.
B.  The application of subsection A of this section by the county shall be viewpoint-neutral and based solely on the criteria provided in subsection A of this section.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 22-101.4 of Title 11, unless there is created a duplication in numbering, reads as follows:
A.  Every city, town, municipality or other political subdivision in this state shall remove or refuse to approve any road sign on any applicable city, town, municipality or other political subdivision road that is, or the city, town, municipality or other political subdivision has reason to believe will be, the cause of an unsafe condition for drivers in this state.  As used in this section, the term “unsafe condition” includes but is not limited to the following:
1.  Frustrates the use of public roads;
2.  Creates substantial reluctance on the part of drivers to use the road;
3.  Creates a dangerous condition;
4.  Intimidates or harasses a substantial number of drivers; or
5.  Conflicts with state or federal law.
B.  The application of subsection A of this section by a city, town, municipality or other political subdivision shall be viewpoint-neutral and based solely on the criteria provided in subsection A of this section.
SECTION 4.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

54-1-5168	CJB	01/06/13