ABATE of Oklahoma

On Tuesday afternoon, March the 2^nd, the Senate of the Great State of Oklahoma passed Senate Bill 1329 which is our Malfunctioning Traffic Light bill. The vote was 45 in favor and 0 against! The primary authors were Senators Bass and Hoskins. Co-Authors were Senators Anderson, Lamb, and Ownby.

The same day, Tuesday, March 2^nd, the Senate passed Senate Bill 1324, also known as Gunners Bill. It adds a $3.00 fee to the cost of motorcycle tags. The money goes to an administrative lockbox which specifies that the money can only be used to promote motorcycle safety and awareness. The vote was 41 in favor and 4 against. The authors were Senators Sullivan and Russell.

As you’ll all remember, we’ve been chasing the Malfunctioning Traffic Light Bill for several years. It’s been controversial and at times, difficult to promote.

Gunner’s Bill will fund Oklahoma’s first ever statewide motorcycle safety and awareness program. It’s our signature bill for this year and we’re all very determined to get it passed. In loving memory of Gunner, we could do nothing less.

Having been successful in the Senate, the action now moves to the House of Representatives. The House members will note the wide margin these bills passed by in the Senate and that will help us.

We’ll put out more information later this week but when you see bills like these that we’ve had a tough time with in the past getting passed by 45 to 0 and 41 to 4, it tells us one important thing. These bills have been lobbied hard, skillfully, and successfully. We have our professional lobbyist, Suzette Northcutt, to thank for making it happen. In supporting roles, we have Jim (Radar) Koelle and yours truly, John Pierce. What is meant by supporting roles is that we follow Suzette around the Capitol and try to keep up.

The most important part of the team however is you, the ABATE members. Nearly 200 of you took a day off work, got up early, came to the Capitol, and let your legislators know that you believe in citizen involvement in government and that you care deeply about these issues. That’s a lesson that none of them missed.

These Senators voted to give us what we asked them for. We must thank them for that. Call, write, email, whatever, just let them know that we appreciate what they’ve done for us. Our members and lobbyists cannot pass legislation. Only legislators can do that. As a closing thought, there were four Senators who voted against Gunner’s Bill. Thank them too and maybe it will embarrass them a little and next time they’ll vote with us.

John Pierce

Legislative Coordinator

ABATE of Oklahoma

LEGISLATIVE UPDATE FEBRUARY 17, 2010

We’re off to an early start! On Tuesday, Feb. 2^nd, HB 3339, our bill to change the membership of the Motorcycle Safety Advisory Committee, was scheduled to be heard by the House Public Safety Committee. The bill is being sponsored by Rep. Mike Christian of Oklahoma City. The meeting started way late in the day and our lobbyist, Suzette Rhodes had to leave to teach a class. Brook Bullock had joined us so he and I went to the committee meeting. There was a lot of discussion and questioning by the committee members. Scott Watkins, Director of the Oklahoma Office of Highway Safety, was called upon to testify, and so was I. Apparently, the Representatives liked our answers. They voted unanimously to pass the bill and sent it along to the full House to be heard and voted upon there. It should be scheduled to go on the floor soon and when it does, I’ll let everyone know so you can listen to it live if you have the time.

Yesterday, Feb. 17, we had two bills scheduled to be heard in committee. First thing in the morning, SB 1329, our Malfunctioning Traffic Signal bill, was heard in the Senate Judiciary committee. It is sponsored by our good friend from Lawton, Sen. Randy Bass. The bill was unanimously passed by the committee with no discussion. Before the meeting started, I overheard one of the Senators ask if this was the old “Dead Red” bill. When she was told that it was, she said, “It’s about time we get this thing passed. It’s been around forever.” I’m sure that we all wholeheartedly agree with the Senator.

In the afternoon, SB 1670, the Senate version of our motorcycle safety committee bill was heard in the Public Safety and Homeland Security Committee. It, too, is sponsored by Senator Randy Bass of Lawton. It also passed unanimously with no questions or discussion. Hey, we’re on a roll here.

Jim (Radar) Koelle made a very early start from Broken Arrow so that he could join Suzette and me for the day. He sat in on the two committee hearings and went with us as we lobbied a number of the legislators in their offices. He knows the issues and helped explain some of our requests. With three of us going in and out of doors plus the tremendous turn out for the Legislative Breakfast, the legislators can’t help but notice that we are the most passionate and committed grass roots outfit in Oklahoma. They also understand that with so much passion and the fact that we cover every corner of Oklahoma, we are good friends to have come election time. If anyone else would like to join us at the Capitol, please let me know. We love to have help.

Today, (the 17^th) was an absolutely crucial hearing. Gunner’s Bill (SB 1324) was heard by the Senate Appropriation and Budget Committee. It passed out of the committee with, once again, a unanimous vote and was sent to be heard by the full Senate. Only one Senator had any questions about the bill and those were very ably answered by Senator Steve Russell of Oklahoma City. Senator Russell, BTW, is very interested in veteran affairs and goes out of his way to protect our 2^nd amendment rights in everything he does. He is truly a friend.

I’m very pleased with our progress. We are light years ahead of where we were at this time last year. The new connections and friendships we’ve made in the last year are really paying off. We now have people other than ABATE members who believe in what we’re doing and are willing to help us behind the scenes. It makes a big difference.

John Pierce

Legislative Coordinator

Below is the text of some of the bills that are being followed this Legislative Session

SB 1324

Gunner’s Bill

STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE BILL 1324 By: Russell

AS INTRODUCED

An Act relating to motor vehicles; levying certain fee on motorcycles; stating amount of fee; providing for collection of fee; providing for transfer of collected revenue to the Motorcycle Safety and Education Program Revolving Fund; requiring collection and payment of fee as prerequisite to licensing or registration of motorcycle; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION AUTONUMLGL \e . NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1132.6 of Title 47, unless there is created a duplication in numbering, reads as follows:

A. In addition to other vehicle registration fees specified by law, there is levied and there shall be paid to the Oklahoma Tax Commission a fee of Three Dollars ($3.00) upon every motorcycle registered pursuant to Section 1132 of Title 47 of the Oklahoma Statutes for use on roads and highways. The fee shall accrue and shall be collectible upon each motorcycle registered for use on roads and highways under the same circumstances and shall be payable in the same manner and times as apply to the registration of motorcycles for use on roads and highways under the provisions of the Oklahoma Vehicle License and Registration Act; provided, the fee shall be paid in full for the then current year at the time any vehicle is first registered in a calendar year.

B. Revenue from the fee levied in subsection A of this section shall be transferred each month to the Department of Public Safety for deposit in the Motorcycle Safety and Education Program Revolving Fund created pursuant to Section 40-123 of Title 47 of the Oklahoma Statutes.

C. The collection and payment of the fee specified in this section shall be a prerequisite to licensing or registration of any motorcycle.

SECTION AUTONUMLGL \e . This act shall become effective November 1, 2010.

SB1320

Malfunctioning Traffic Light

52-2-3124 MRB 3/7/2010 9:56:15 AM STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE BILL 1329 By: Bass

AS INTRODUCED

An Act relating to motor vehicles; amending 47 O.S. 2001, Section 11-202, which relates to traffic control signals; creating the Motorcycle Mobility and Safety Act; modifying internal statutory references; establishing conditions under which motorcyclists and bicyclists may proceed through red traffic signals; specifying conditions under which motorcyclists and bicyclists may not have a defense for certain violations; providing for noncodification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION AUTONUMLGL \e . NEW LAW A new section of law not to be codified in the Oklahoma Statutes reads as follows:

This act shall be known and may be cited as the “Motorcycle Mobility and Safety Act”.

SECTION AUTONUMLGL \e . AMENDATORY 47 O.S. 2001, Section 11-202, is amended to read as follows:

Section 11-202. Whenever traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows successively one at a time, or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend, and ~~said~~ the lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

1. A. Green indication:

a. 1. Vehicular traffic facing a circular green signal, except when prohibited under Section 11-1302 of this title, may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.;

b. 2. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.; and

c. 3. Unless otherwise directed by a pedestrian-control signal, as provided in Section 11-203 of this title, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

2. B. Steady yellow indication:

a. 1. Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter.; and

b. 2. Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian control signal as provided in Section 11-203 of this title, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway.

3. C. Steady red indication:

a. 1. Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in ~~paragraph 3b~~ paragraphs 2 and 4 of this ~~section~~ subsection.;

b. 2. Except when a sign is in place prohibiting a turn, vehicular traffic facing any steady red signal may cautiously enter the intersection to turn right or to turn left from a one-way street into a one-way street after stopping as required by ~~paragraph 3a~~ paragraph 1 of this ~~section~~ subsection. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.;

c. 3. In order to prohibit right turns or left turns as prescribed in ~~paragraph 3b~~ paragraph 2 of this ~~section~~ subsection on the red signal after the required stop, a municipality must erect clear, concise signs informing drivers that such turns are prohibited. The Highway Department shall specify the design of the sign to be used for this purpose, and it shall be used uniformly throughout the state.;

d. 4. Notwithstanding any other provision of law, the driver of a motorcycle or bicycle facing any steady red signal may cautiously proceed through the intersection only if:

a. the motorcycle or bicycle has been brought to a complete stop as required by paragraph 1 of this subsection,

b. the traffic control signal is programmed or engineered to change to a green signal only after detecting the approach of a motor vehicle and has failed to detect the arrival of the motorcycle or bicycle because of its size or weight, and

c. no motor vehicle or person is approaching on the roadway to be crossed or entered, or the motor vehicle or person is at a distance from the intersection that does not constitute an immediate hazard.

It shall not be a defense to a violation of paragraph 1 of this subsection that the driver of a motorcycle or bicycle proceeded under the belief that a traffic control signal was programmed or engineered to change to a green light only after detecting the approach of a vehicle when such signal was not in fact programmed or engineered in such a way, or that such a signal was not in fact inoperative due to the size or weight of the motorcycle or bicycle; and

5. Unless otherwise directed by a pedestrian control signal as provided in Section 11-203 of this title, pedestrians facing a steady circular red signal alone shall not enter the roadway.

In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.

SECTION AUTONUMLGL \e . This act shall become effective November 1, 2010.

52-2-2890 MRB 3/7/2010 9:56:15 AM STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

HOUSE BILL 3339 By: Christian

HB 3339

Motorcycle Advisory Committee

AS INTRODUCED

<StartFT>An Act relating to motor vehicles; amending 47> O.S. 2001, Section MACROBUTTON "FreeForm" <Section No.> <40-122>, as amended by Section MACROBUTTON "FreeForm" <Section No.> <2>, Chapter 472>, O.S.L. 20 MACROBUTTON "FreeForm" <Year> <02> ( MACROBUTTON "FreeForm" <Title No.> <47> O.S. Supp. 2009, Section 40-122>), which relates to the Advisory Committee for Motorcycle Safety and Education; modifying membership of Advisory Committee; and providing an effective date. <EndFT>

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION AUTONUMLGL \e . AMENDATORY <47> O.S. 2001, Section MACROBUTTON "FreeForm" <Section No.> <40-122>, as MACROBUTTON "FreeForm" <Last? (Add Space If Last; No Space If Not Last)> <>amended by Section <2>, Chapter MACROBUTTON "FreeForm" <Chapter No.> <472>, O.S.L. 20 MACROBUTTON "FreeForm" <Year> <02> ( MACROBUTTON "FreeForm" <Title No.> <47> O.S. Supp. 2009, Section <40-122>), is amended to read as follows:

Section <40-122>. A. There is hereby created the Advisory Committee for Motorcycle Safety and Education which shall be comprised of the Administrator, who shall serve as chair of the Committee and shall be a nonvoting member, and seven (7) voting members, six of whom shall be appointed by the Commissioner of Public Safety and one of whom shall be appointed by the Insurance Commissioner. One member shall be a certified instructor of motorcycle safety and education; ~~one member~~ three members shall be a licensed and safety course certified motorcycle operator/owner; one member shall be an employee of the Department of Public Safety; one member shall represent the interests of district court and municipal judges that hear cases pertaining to traffic laws operators/owners; one member shall represent private sector motorcycle rider education schools; one member shall be a representative of the Oklahoma Highway Safety Office; and the member appointed by the Insurance Commissioner shall be an employee of the Office of the Insurance ~~Commissioner's office~~ Commissioner. Members shall serve at the pleasure of the appointing authority.

B. The Committee shall meet at the call of the Administrator or the Commissioner. A vice-chair shall be elected by the Committee from among its members. The vice-chair shall act as chair of the Committee only in the absence of the Administrator at officially called meetings of the Committee.

C. The Committee shall advise and assist the Commissioner in the development, administration and operation of the Motorcycle Safety and Education Program and the setting of goals, objectives and priorities for the Program.

D. The provisions of this section shall not be construed to authorize the creation of any additional salaried position within the Department of Public Safety.

E. Members of the Committee who are not state employees shall receive no compensation from the state for serving on the Committee. All members of the Committee shall be entitled to reimbursement for any actual and necessary traveling expenses pursuant to the State Travel Reimbursement Act.

SECTION AUTONUMLGL \e . This act shall become effective <November 1, 2010>.

STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

HOUSE BILL 2706 By: Collins

HB 2703

Closes a loophole in Jagger’s law

(if this doesn’t make a lot of sense to you, you’re not alone. We will clarify the language in committee)

AS INTRODUCED

<StartFT>An Act relating to motor vehicles; amending 47 O.S. 2001, Section 11-402>, which relates to vehicle turning at intersections; deleting certain vehicle right-of-way yield requirement; and providing an effective date.<EndFT>

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION AUTONUMLGL \e . AMENDATORY <47> O.S. 2001, Section MACROBUTTON "FreeForm" <Section No.> <11-402>, is amended to read as follows:

Section <11-402>. The driver of a vehicle ~~within an intersection~~ intending to turn to the left and having given a signal when and as required by this chapter, shall yield the right-of-way to any vehicle approaching from the opposite direction which is ~~within the intersection or~~ so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required by this chapter, may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right-of-way to the vehicle making the left turn.

SECTION AUTONUMLGL \e . This act shall become effective <November 1, 2010>.

52-2-9402 <GRS> <12/17/09>

HB 1795

Malfunctioning Traffic Signal

(This is a second traffic signal bill. This one is sponsored by our good friend Representative Hoskin. We will work these two bills differently)

STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

HOUSE BILL 1795 By: Hoskin

AS INTRODUCED

<StartFT>An Act relating to motor vehicles; amending 47> O.S. 2001, Section MACROBUTTON "FreeForm" <Section No.> <11-202, which relates to traffic control signals; establishing conditions under which motorcyclists and bicyclists may proceed through red traffic signals; specifying conditions under which motorcyclists and bicyclists shall not have a defense for certain violations; and providing an effective date. <EndFT>

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION AUTONUMLGL \e . AMENDATORY <47> O.S. 2001, Section MACROBUTTON "FreeForm" <Section No.> <11-202>, is amended to read as follows:

Section <11-202>. Whenever traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows successively one at a time, or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend, and said lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

1. Green indication:

a. Vehicular traffic facing a circular green signal, except when prohibited under Section 11-1302 of this title, may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

b. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

c. Unless otherwise directed by a pedestrian-control signal, as provided in Section 11-203 of this title, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

2. Steady yellow indication:

a. Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter.

b Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian control signal as provided in Section 11-203 of this title, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway.

3. Steady red indication:

a. Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in ~~paragraph 3b~~ subparagraphs b and d of this ~~section~~ paragraph.

b. Except when a sign is in place prohibiting a turn, vehicular traffic facing any steady red signal may cautiously enter the intersection to turn right or to turn left from a one-way street into a one-way street after stopping as required by ~~paragraph 3a~~ subparagraph a of this ~~section~~ paragraph. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

c. In order to prohibit right turns or left turns as prescribed in ~~paragraph 3b~~ subparagraph b of this ~~section~~ paragraph on the red signal after the required stop, a municipality must erect clear, concise signs informing drivers that such turns are prohibited. The Highway Department shall specify the design of the sign to be used for this purpose, and it shall be used uniformly throughout the state.

d. Notwithstanding any other provision of law, the driver of a motorcycle or bicycle facing any steady red signal may cautiously proceed through the intersection only if:

(1) the motorcycle or bicycle has been brought to a complete stop as required by subparagraph a of this paragraph,

(2) the traffic control signal is programmed or engineered to change to a green signal only after detecting the approach of a motor vehicle and has failed to detect the arrival of the motorcycle or bicycle because of its size or weight, and

(3) no motor vehicle or person is approaching on the roadway to be crossed or entered, or is at a distance from the intersection that does not constitute an immediate hazard.

It shall not be a defense to a violation of subparagraph a of this paragraph that the driver of a motorcycle or bicycle proceeded under the belief that a traffic control signal was programmed or engineered to change to a green light only after detecting the approach of a vehicle when such signal was not in fact programmed or engineered in such a way, or that such a signal was not in fact inoperative due to the size or weight of the motorcycle or bicycle.

e. Unless otherwise directed by a pedestrian control signal as provided in Section 11-203 of this title, pedestrians facing a steady circular red signal alone shall not enter the roadway.

SECTION AUTONUMLGL \e . This act shall become effective <November 1, 2009>.

52-1-6085 <GRS> <12/31/08>