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SB1610 • 2026

Transportation; creating the Oklahoma Work Zone Safety and Contractor Protection Act. Effective date. Emergency.

Transportation; creating the Oklahoma Work Zone Safety and Contractor Protection Act. Effective date. Emergency.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Frix
Last action
2026-02-03
Official status
Second Reading referred to Aeronautics and Transportation
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Transportation; creating the Oklahoma Work Zone Safety and Contractor Protection Act. Effective date. Emergency.

Transportation; creating the Oklahoma Work Zone Safety and Contractor Protection Act.

What This Bill Does

  • Transportation; creating the Oklahoma Work Zone Safety and Contractor Protection Act.
  • Effective date.
  • Emergency.
  • Bill Summaries/Fiscal Impact for SB 1610 (Senate): Introduced (1/13/2026) Fiscal Impact Statements For SB 1610 (Senate): SB1610 INT FI.PDF (Fiscal (Senate))

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-02-03 Senate

    Second Reading referred to Aeronautics and Transportation

  2. 2026-02-02 Senate

    First Reading

  3. 2026-02-02 Senate

    Authored by Senator Frix

Official Summary Text

Transportation; creating the Oklahoma Work Zone Safety and Contractor Protection Act. Effective date. Emergency.
Bill Summaries/Fiscal Impact for SB 1610 (Senate): Introduced (1/13/2026)
Fiscal Impact Statements For SB 1610 (Senate): SB1610 INT FI.PDF (Fiscal (Senate))

Current Bill Text

Read the full stored bill text
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STATE OF OKLAHOMA

2nd Session of the 60th Legislature (2026)

SENATE BILL 1610 By: Frix

AS INTRODUCED

An Act relating to transportation; creating the
Oklahoma Work Zone Safety and Contractor Protection
Act; providing short title; providing legislative
findings; amending 51 O.S. 2021, Section 152, as last
amended by Section 1, Chapter 314, O.S.L. 2025 (51
O.S. Supp. 2025, Section 152), which relates to
definitions; defining certain persons as employees
for certain purpose; updating statutory language;
defining terms; directing the Department of
Transportation to establish certain program;
establishing penalties for certain violations;
providing for the distribution of certain monies;
allowing for certain written warning in certain time
period; allowing certain persons to utilize certain
lamps; allowing for certain detour of traffic onto
certain roads; granting certain persons certain
immunity from liability; providing for ineligibility
of certain persons to recover certain damages;
construing certain provision; granting certain
immunity for certain persons who comply with certain
plan; designating certain persons as certain
employees; providing for certain liability
limitations for certain persons; construing
provisions; creating the Work Zone Safety Revolving
Fund; providing for noncodification; providing for
codification; providing an effective date; and
declaring an emergency.

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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
Sections 3 through 12 of this act shall be known and may be
cited as the “Oklahoma Work Zone Safety and Contractor Protection
Act”.
SECTION 2. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
The Legislature finds that:
1. Oklahoma workers face increasing risks in roadway work zones
due to distracted and speeding motorists;
2. Automated enforcement technology is a proven method to
reduce work zone crashes and fatalities;
3. Contractors and subcontractors who establish work zones in
compliance with the Manual on Uniform Traffic Control Devices and
United States Department of Transportation standards should not be
subjected to excessive liability for crashes caused by third-party
motorists; and
4. The interests of public safety and economic fairness require
a balance of strong worker protections, effective automated
enforcement, and reasonable liability standards.
SECTION 3. AMENDATORY 51 O.S. 2021, Section 152, as last
amended by Section 1, Chapter 314, O.S.L. 2025 (51 O.S. Supp. 2025,
Section 152), is amended to read as follows:

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Section 152. As used in The Governmental Tort Claims Act:
1. “Action” means a proceeding in a court of competent
jurisdiction by which one party brings a suit against another;
2. “Agency” means any board, commission, committee, department
or other instrumentality or entity designated to act in behalf of
the state or a political subdivision;
3. “Charitable health care provider” means a person who is
licensed, certified, or otherwise authorized by the laws of this
state to administer health care in the ordinary course of business
or the practice of a profession and who provides care to a medically
indigent person, as defined in paragraph 9 of this section, with no
expectation of or acceptance of compensation of any kind;
4. “Claim” means any written demand presented by a claimant or
the claimant’s authorized representative in accordance with The
Governmental Tort Claims Act to recover money from the state or
political subdivision as compensation for an act or omission of a
political subdivision or the state or an employee;
5. “Claimant” means the person or the person’s authorized
representative who files notice of a claim in accordance with The
Governmental Tort Claims Act. Only the following persons and no
others may be claimants:
a. any person holding an interest in real or personal
property which suffers a loss, provided that the claim
of the person shall be aggregated with claims of all

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other persons holding an interest in the property and
the claims of all other persons which are derivative
of the loss, and that multiple claimants shall be
considered a single claimant,
b. the individual actually involved in the accident or
occurrence who suffers a loss, provided that the
individual shall aggregate in the claim the losses of
all other persons which are derivative of the loss, or
c. in the case of death, an administrator, special
administrator or a personal representative who shall
aggregate in the claim all losses of all persons which
are derivative of the death;
6. “Community health care provider” means:
a. a health care provider who volunteers services at a
community health center that has been deemed by the
U.S. United States Department of Health and Human
Services as a federally qualified health center
Federally Qualified Health Center as defined by 42
U.S.C., Section 1396d(l)(2)(B),
b. a health provider who provides services to an
organization that has been deemed a federally
qualified look-alike community health center, and
c. a health care provider who provides services to a
community health center that has made application to

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the U.S. United States Department of Health and Human
Services for approval and deeming as a federally
qualified look-alike community health center in
compliance with federal application guidance, and has
received comments from the U.S. United States
Department of Health and Human Services as to the
status of such application with the established intent
of resubmitting a modified application, or, if denied,
a new application, no later than six (6) months from
the date of the official notification from the U.S.
United States Department of Health and Human Services
requiring resubmission of a new application;
7. “Employee” means any person who is authorized to act in
behalf of a political subdivision or the state whether that person
is acting on a permanent or temporary basis, with or without being
compensated or on a full-time or part-time basis.
a. Employee also includes:
(1) all elected or appointed officers, members of
governing bodies and other persons designated to
act for an agency or political subdivision, but
the term does not mean a person or other legal
entity while acting in the capacity of an
independent contractor or an employee of an
independent contractor,

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(2) from September 1, 1991, through June 30, 1996,
licensed physicians, licensed osteopathic
physicians and Certified Nurse-Midwives providing
prenatal, delivery or infant care services to
State Department of Health clients pursuant to a
contract entered into with the State Department
of Health in accordance with paragraph 3 of
subsection C of Section 1-106 of Title 63 of the
Oklahoma Statutes but only insofar as services
authorized by and in conformity with the terms of
the contract and the requirements of Section 1-
233 of Title 63 of the Oklahoma Statutes, and
(3) any volunteer, full-time or part-time firefighter
firefighters when performing duties for a fire
department provided for in subparagraph j of
paragraph 12 of this section.
b. For the purposes of The Governmental Tort Claims Act,
the following are employees of this state, regardless
of the place in this state where duties as employees
are performed:
(1) physicians acting in an administrative capacity,
(2) resident physicians and resident interns
participating in a graduate medical education
program of the University of Oklahoma Health

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Sciences Center, the Oklahoma State University
College of Osteopathic Medicine, a public trust
created pursuant to Section 3224 of Title 63 of
the Oklahoma Statutes and any sole member not-
for-profit corporation of the public trust and
any sole member not-for-profit subsidiary of such
corporation, or the Department of Mental Health
and Substance Abuse Services,
(3) faculty members and staff of the University of
Oklahoma Health Sciences Center, the Oklahoma
State University College of Osteopathic Medicine,
or a public trust created pursuant to Section
3224 of Title 63 of the Oklahoma Statutes and any
sole member not-for-profit corporation of the
public trust and any sole member not-for-profit
subsidiary of such corporation, while engaged in
teaching duties,
(4) physicians who practice medicine or act in an
administrative capacity as an employee of an
agency of this state,
(5) physicians who provide medical care to inmates
pursuant to a contract with the Department of
Corrections,

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(6) any person who is licensed to practice medicine
pursuant to Title 59 of the Oklahoma Statutes,
who is under an administrative professional
services contract with the Oklahoma Health Care
Authority under the auspices of the Oklahoma
Health Care Authority Chief Medical Officer, and
who is limited to performing administrative
duties such as professional guidance for medical
reviews, reimbursement rates, service
utilization, health care delivery and benefit
design for the Oklahoma Health Care Authority,
only while acting within the scope of such
contract,
(7) licensed medical professionals under contract
with city, county, or state entities who provide
medical care to inmates or detainees in the
custody or control of law enforcement agencies,
(8) licensed mental health professionals as defined
in Sections 1-103 and 5-502 of Title 43A of the
Oklahoma Statutes, who are conducting initial
examinations of individuals for the purpose of
determining whether an individual meets the
criteria for emergency detention as part of a

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contract with the Department of Mental Health and
Substance Abuse Services, and
(9) licensed mental health professionals as defined
in Sections 1-103 and 5-502 of Title 43A of the
Oklahoma Statutes, who are providing mental
health or substance abuse treatment services
under a professional services contract with the
Department of Mental Health and Substance Abuse
Services and are providing such treatment
services at a state-operated facility.
Physician faculty members and physician staff of the
University of Oklahoma Health Sciences Center, the
Oklahoma State University College of Osteopathic
Medicine, or a public trust created pursuant to
Section 3224 of Title 63 of the Oklahoma Statutes and
any sole member not-for-profit corporation of the
public trust and any sole member not-for-profit
subsidiary of such corporation not acting in an
administrative capacity or engaged in teaching duties
are not employees or agents of the state.
c. For the purposes of The Governmental Tort Claims Act,
employee shall include independent contractors and
employees of independent contractors while actively
engaged in the transport of individuals in need of

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initial assessment, emergency detention, or protective
custody as authorized by Section 1-110 of Title 43A of
the Oklahoma Statutes.
d. Except as provided in subparagraph b of this
paragraph, in no event shall the state be held liable
for the tortious conduct of any physician, resident
physician or intern while practicing medicine or
providing medical treatment to patients.
e. For purposes of The Governmental Tort Claims Act,
members of the state military forces on state active
duty orders or on Title 32 active duty orders are
employees of this state, regardless of the place,
within or outside this state, where their duties as
employees are performed;.
f. For the purposes of The Governmental Tort Claims Act,
employee shall include contractors, subcontractors,
and employees of such for the purposes of civil
actions arising out of roadway work zone operations
performed under contract with the Department of
Transportation or a political subdivision of this
state, as provided in Section 10 of this act;
8. “Loss” means death or injury to the body or rights of a
person or damage to real or personal property or rights therein;

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9. “Medically indigent” means a person requiring medically
necessary hospital or other health care services for the person or
the dependents of the person who has no public or private third-
party coverage, and whose personal resources are insufficient to
provide for needed health care;
10. “Municipality” means any incorporated city or town, and all
institutions, agencies, or instrumentalities of a municipality;
11. “Occurrence” means a loss arising out of an accident or
event or a continuous or repeated exposure to substantially the same
general harmful conditions. All losses arising out of an accident
or event or a continuous or repeated exposure to substantially the
same general harmful conditions shall be deemed to have arisen out
of one occurrence;
12. “Political subdivision” means:
a. a municipality,
b. a school district, including, but not limited to, a
technology center school district established pursuant
to Section 4410, 4411, 4420 or 4420.1 of Title 70 of
the Oklahoma Statutes, or a public library as defined
pursuant to Section 1-104 of Title 65 of the Oklahoma
Statutes,
c. a county,
d. a public trust where the sole beneficiary or
beneficiaries are a city, town, school district or

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county. For purposes of The Governmental Tort Claims
Act, a public trust shall include:
(1) a municipal hospital created pursuant to Sections
30-101 through 30-109 of Title 11 of the Oklahoma
Statutes, a county hospital created pursuant to
Sections 781 through 796 of Title 19 of the
Oklahoma Statutes, or is created pursuant to a
joint agreement between such governing
authorities, that is operated for the public
benefit by a public trust created pursuant to
Sections 176 through 180.4 of Title 60 of the
Oklahoma Statutes and managed by a governing
board appointed or elected by the municipality,
county, or both, who exercises control of the
hospital, subject to the approval of the
governing body of the municipality, county, or
both,
(2) a public trust created pursuant to Sections 176
through 180.4 of Title 60 of the Oklahoma
Statutes after January 1, 2009, the primary
purpose of which is to own, manage, or operate a
public acute care hospital in this state that
serves as a teaching hospital for a medical
residency program provided by a college of

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osteopathic medicine and provides care to
indigent persons, and
(3) a corporation in which all of the capital stock
is owned, or a limited liability company in which
all of the member interest is owned, by a public
trust,
e. for the purposes of The Governmental Tort Claims Act
only, a housing authority created pursuant to the
provisions of the Oklahoma Housing Authorities Act,
f. for the purposes of The Governmental Tort Claims Act
only, corporations organized not for profit pursuant
to the provisions of the Oklahoma General Corporation
Act for the primary purpose of developing and
providing rural water supply and sewage disposal
facilities to serve rural residents,
g. for the purposes of The Governmental Tort Claims Act
only, districts formed pursuant to the Rural Water,
Sewer, Gas and Solid Waste Management Districts Act,
h. for the purposes of The Governmental Tort Claims Act
only, master conservancy districts formed pursuant to
the Conservancy Act of Oklahoma,
i. for the purposes of The Governmental Tort Claims Act
only, a fire protection district created pursuant to

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the provisions of Section 901.1 et seq. of Title 19 of
the Oklahoma Statutes,
j. for the purposes of The Governmental Tort Claims Act
only, a benevolent or charitable corporate volunteer
or full-time fire department for an unincorporated
area created pursuant to the provisions of Section 592
et seq. of Title 18 of the Oklahoma Statutes,
k. for purposes of The Governmental Tort Claims Act only,
an emergency services provider rendering services
pursuant to an existing contract between the emergency
services provider and the State Department of Health.
Provided, however, that the acquisition of commercial
liability insurance covering the activities of such
emergency services provider performed within this
state shall not operate as a waiver of any of the
limitations, immunities or defenses provided for
political subdivisions pursuant to the terms of The
Governmental Tort Claims Act,
l. for purposes of The Governmental Tort Claims Act only,
a conservation district created pursuant to the
provisions of the Conservation District Act,
m. for purposes of The Governmental Tort Claims Act,
districts formed pursuant to the Oklahoma Irrigation
District Act,

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n. for purposes of The Governmental Tort Claims Act only,
any community action agency established pursuant to
Sections 5035 through 5040.1 of Title 74 of the
Oklahoma Statutes,
o. for purposes of The Governmental Tort Claims Act only,
any organization that is designated as a youth
services agency, pursuant to Section 2-7-306 of Title
10A of the Oklahoma Statutes,
p. for purposes of The Governmental Tort Claims Act only,
any judge presiding over a drug court, as defined by
Section 471.1 of Title 22 of the Oklahoma Statutes,
q. for purposes of The Governmental Tort Claims Act only,
any child-placing agency licensed by this state to
place children in foster family homes,
r. for purposes of The Governmental Tort Claims Act only,
a circuit engineering district created pursuant to
Section 687.1 of Title 69 of the Oklahoma Statutes,
s. for purposes of The Governmental Tort Claims Act only,
a substate planning district, regional council of
government or other entity created pursuant to Section
1001 et seq. of Title 74 of the Oklahoma Statutes, and
t. for purposes of The Governmental Tort Claims Act only,
a regional transportation authority created pursuant
to Section 1370.7 of Title 68 of the Oklahoma Statutes

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including its contract operator and any railroad
operating in interstate commerce that sells a property
interest or provides services to a regional
transportation authority or allows the authority to
use the property or tracks of the railroad for the
provision of public passenger rail service to the
extent claims against the contract operator or
railroad arise out of or are related to or in
connection with such property interest, services or
operation of the public passenger rail service.
Provided, the acquisition of commercial liability
insurance to cover the activities of the regional
transportation authority, contract operator or
railroad shall not operate as a waiver of any
liabilities, immunities or defenses provided pursuant
to the provisions of The Governmental Tort Claims Act,
and all their institutions, instrumentalities or agencies;
13. “Scope of employment” means performance by an employee
acting in good faith within the duties of the employee’s office or
employment or of tasks lawfully assigned by a competent authority
including the operation or use of an agency vehicle or equipment
with actual or implied consent of the supervisor of the employee,
but shall not include corruption or fraud;

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14. “State” means the State of Oklahoma or any office,
department, agency, authority, commission, board, institution,
hospital, college, university, public trust created pursuant to
Title 60 of the Oklahoma Statutes of which the State of Oklahoma is
the beneficiary, or other instrumentality thereof;
15. “State active duty” shall be defined in accordance with
Section 801 of Title 44 of the Oklahoma Statutes;
16. “State military forces” shall be defined in accordance with
Section 801 of Title 44 of the Oklahoma Statutes;
17. “Title 32 active duty” shall be defined in accordance with
Section 801 of Title 44 of the Oklahoma Statutes; and
18. “Tort” means a legal wrong, independent of contract,
involving violation of a duty imposed by general law, statute, the
Oklahoma Constitution, or otherwise, resulting in a loss to any
person, association or corporation as the proximate result of an act
or omission of a political subdivision or the state or an employee
acting within the scope of employment; provided, however, a tort
shall not include a claim for inverse condemnation.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1240 of Title 69, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Automated work zone speed enforcement system” means a
system using radar, lidar, or similar technology to detect vehicle

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speed and capture an image of the vehicle’s license plate for civil
enforcement purposes;
2. “Contract documents” means all plans, specifications, and
traffic-control plans issued or approved by the Department of
Transportation or the contracting entity;
3. “Contracting entity” means any political subdivision of this
state that contracts with a contractor to provide traffic control or
roadway services;
4. “Contractor” means any prime contractor, subcontractor, or
their employees engaged in providing traffic control or roadway
services under contract with the Department of Transportation or any
political subdivision of this state;
5. “Gross negligence” means conduct that demonstrates reckless
disregard for the safety of others, beyond ordinary negligence;
6. “MUTCD” means the Manual on Uniform Traffic Control Devices;
and
7. “Work zone” means any segment of roadway where construction,
maintenance, or utility work is being performed and is marked by
traffic control devices in accordance with MUTCD and Department of
Transportation specifications.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1241 of Title 69, unless there
is created a duplication in numbering, reads as follows:

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A. 1. The Department of Transportation, in consultation with
the Oklahoma Highway Patrol, shall, beginning on the effective date
of this act until July 1, 2031, unless extended by an act of the
Legislature, establish a demonstration program utilizing automated
work zone speed enforcement systems in active roadway work zones.
2. Automated work zone speed enforcement systems shall:
a. operate only during active roadway work zone
operations,
b. be deployed on no fewer than five and no more than
twenty active roadway projects at any given time, with
priority for deployment given to high-speed or high-
risk work zones, as determined by the Department,
c. be accompanied by the installation of advance signage
which shall clearly inform motorists of the presence
of automated work zone speed enforcement systems, and
d. not be installed or operated on highway exit ramps.
B. 1. Each such system installed shall undergo daily self-
tests and an annual calibration by an independent laboratory
designated by the Department.
2. Images taken by such systems shall be limited to the rear
and license plate of a vehicle and shall be destroyed within one (1)
year of case resolution.
C. 1. Motorists who violate the speed limits of a roadway work
zone monitored by an automated work zone speed enforcement system

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shall receive a citation and shall be subject to the following
penalties:
a. for a first violation, the motorist may complete a
course on work zone safety, designated by the
Department, in lieu of a fine. Any cited motorist who
fails to complete such course within thirty (30) days
of the issuance of the initial citation shall be
subject to a fine not to exceed Seventy-five Dollars
($75.00),
b. for a second violation within eighteen (18) months, a
fine not to exceed One Hundred Dollars ($100.00), and
c. for third or subsequent violations within eighteen
(18) months, a fine not to exceed One Hundred Twenty-
five Dollars ($125.00).
2. An additional twenty-five-dollar late fee may be applied by
the Department if a cited motorist does not pay an assessed fine
within thirty (30) days after the receipt of a citation.
3. Violations assessed under the provisions of this subsection
shall not constitute criminal convictions, shall not result in the
assessment of points to the driving record of a motorist, and shall
not be used by insurers for rating purposes.
D. Eighty percent (80%) of the collected fines, pursuant to
subsection C of this section, shall be deposited into the Work Zone
Safety Revolving Fund, as created in Section 12 of this act. The

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remaining twenty percent (20%) of the collected fines shall be
distributed to the municipality or county where the violation
occurred.
E. For the first thirty (30) days following the deployment of
an automated work zone speed enforcement system at a work zone,
motorists who violate the speed limits of such work zone shall
receive a written warning in lieu of the citations provided for in
subsection C of this section.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1242 of Title 69, unless there
is created a duplication in numbering, reads as follows:
A. Contractors and subcontractors performing active roadway
construction, maintenance, or traffic control operations may equip
and operate flashing red and blue lamps on the rear of work vehicles
for the purpose of warning approaching motorists. Such lamps shall:
1. Be used only during active work zone operations;
2. Face rearward for visibility;
3. Not be used for traffic stops, pursuits, or law enforcement
functions; and
4. Be configured in accordance with Department of Public Safety
specifications for brightness and uniformity.
B. Nothing in this section shall be construed as granting work
vehicles equipped with such lamps emergency vehicle status.

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SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1243 of Title 69, unless there
is created a duplication in numbering, reads as follows:
The Department of Transportation and contractors may, when
necessary to protect workers and facilitate safe traffic movement,
temporarily detour traffic onto municipal or county roads.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1244 of Title 69, unless there
is created a duplication in numbering, reads as follows:
A. A contractor performing traffic control services for the
Department of Transportation or a political subdivision of this
state shall not be liable for any claim of personal injury, property
damage, or death arising out of a roadway condition if, at the time
of the incident, the contractor was in compliance with approved
contract documents and applicable standards.
B. No person, including the driver or any occupant of a motor
vehicle, shall be eligible to recover monetary damages,
compensation, or awards of any kind from a contractor or
subcontractor for injuries, death, or property damage sustained in a
crash occurring within a designated work zone if the driver of such
vehicle was, at the time of the crash, under the influence of
alcohol, a controlled dangerous substance, or other intoxicating
substance, as defined in Section 1-140.1 of Title 47 of the Oklahoma
Statutes. The prohibition in this subsection applies regardless of

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whether the intoxicated driver was cited, arrested, or convicted,
provided that competent evidence establishes impairment at the time
of the crash. Nothing in this subsection shall be construed to
prevent any person from pursuing civil or criminal remedies against
the intoxicated driver or the driver’s estate.
C. The provisions of this subsection shall be construed
liberally in favor of protecting contractors and subcontractors who
comply with Manual on Uniform Traffic Control Devices (MUTCD) and
Department standards from liability arising from the misconduct of
third-party motorists.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1245 of Title 69, unless there
is created a duplication in numbering, reads as follows:
A. If the Department of Transportation or a contracting entity
requests that a contractor prepare a traffic-control plan or design
documents, and such plan is reviewed and approved in writing, the
contractor shall not be liable for injury or damage arising out of
that plan’s design or layout, provided that the contractor complies
with the approved version. Such immunity shall apply whether the
contractor acts as a prime contractor or subcontractor.
B. Nothing in this act shall impose upon any contractor a duty
to investigate or identify defects in plans prepared or approved by
the Department or a contracting entity.

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C. A contractor may install additional warning devices,
barriers, or safety measures beyond those required by contract
documents if, in the reasonable judgment of the contractor, such
additions enhance public safety. Such installation shall not affect
the immunity provided for in subsection A of this section unless
such installation is the proximate cause of injury or damage.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1246 of Title 69, unless there
is created a duplication in numbering, reads as follows:
A. For the purposes of civil actions arising out of roadway
work zone operations performed under contract with the Department of
Transportation or a political subdivision, a contractor or
subcontractor acting within the scope of such contract and in
compliance with approved contract documents and applicable standards
shall be deemed an employee of this state or the contracting
political subdivision within the meaning of The Governmental Tort
Claims Act, as provided in Section 152 of Title 51 of the Oklahoma
Statutes.
B. When acting as such employee, as provided for in subsection
A of this section, the contractor or subcontractor shall be entitled
to the same immunities, defenses, and liability limitations as the
governmental entity for which the work is performed, including the
monetary limits for damages provided for in Section 154 of Title 51
of the Oklahoma Statutes.

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C. Nothing in this section shall be construed to grant immunity
for acts or omissions constituting gross negligence, willful
misconduct, or reckless disregard for the safety of others.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1247 of Title 69, unless there
is created a duplication in numbering, reads as follows:
Any contract provision requiring a contractor or subcontractor
to waive the protections of this act shall be void and
unenforceable.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1248 of Title 69, unless there
is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Department of Transportation to be designated the “Work Zone
Safety Revolving Fund”. The fund shall be a continuing fund, not
subject to fiscal year limitations, and shall consist of all monies
directed for deposit by the Department from the fines provided for
in Section 5 of this act. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
Department for the purpose of improving work zone safety in this
state. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
law with the Director of the Office of Management and Enterprise
Services for approval and payment.

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SECTION 13. This act shall become effective July 1, 2026.
SECTION 14. It being immediately necessary for the preservation
of the public peace, health or 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.

60-2-3221 MSBB 1/13/2026 1:21:40 PM