Last year, the Oklahoma Department of Public Safety (DPS) commissioner banned Moffett police from the highways after the town allegedly violated the state's speed trap law. But that ban was rescinded after a change in law that prevented towns being banned from patrolling state and federal-aid highways.
The piece of legislation passed Friday, Senate Bill 748, now changes that reversal.
State Rep. Glen "Bud" Smithson (D-Sallisaw) said Friday morning that SB 748, which has language in it about speed traps, passed the Senate floor Thursday night and was on its way to the House Friday. The bill passed in the Senate by a vote of 44 to 2.
Smithson reported Friday afternoon that the bill also passed the House, with a vote of 81 to 13. It was the second to last bill that was heard Friday.
The bill, which was authored by Randy Terrill (D-Moore), has an emergency clause on it that means it will go into effect as soon as Gov. Brad Henry signs it.
As of Tuesday, Henry had not yet signed the measure, according to Henry's Web site.
The 40-page bill, which tackles numerous other topics, gives power back to the Attorney General and the DPS commissioner, who have the authority to direct the Oklahoma Highway Patrol (OHP) to conduct special enforcement on state and federal highways.
PREVIOUS BAN
Moffett was ordered to stop traffic enforcement in December and January after the OHP's investigative division audited the town's revenue from speed enforcement after the department received a number of complaints about the town being a speed trap, officials said last year.
Officials explained that Moffett violated a law, enforced by DPS, that states that the revenue a town or city gets from traffic fines can't exceed more than 50 percent of the town's operating budget.
The audit of the town's 2003 and 2004 budgets revealed that 78 percent of Moffett's operating budget was from traffic tickets in 2003, and 84 percent of its operating budget came from traffic tickets in 2004.
At that time, the OHP was designated as the authority for special traffic-related enforcement on those highways, and Moffett was banned from them, all in accordance with state statute.
But on April 30, when HB 1616 became law, it amended those provisions of the statute that allowed OHP special traffic enforcement. In particular, the amendments eliminated the authority of the Attorney General and the DPS commissioner to designate any portion of a federal aid primary (non interstate) highway or state highway for special traffic-related enforcement by the OHP.
As a result, Moffett Police and banned police in four other towns in the state were allowed back on state and federal highways in their towns.
HB 1616 troubled Smithson, a retired OHP trooper, who had voted in favor of the bill without knowing that a change in the statute's wording was put into the bill by the bill's author, State Rep. Paul D. Roan (D-Tishomingo).
Roan allegedly wanted to help towns in his district that were ordered off highways, which hurt their revenue. Shortly after Moffett was ordered off the highways, the town declared bankruptcy.
HB 1616 motivated Smithson to work with other legislators to get Moffett Police back off the highways, saying that public safety should not be a revenue raiser.
