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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1047 By: Kerbs
AS INTRODUCED
An Act relating to driver licenses; amending 47 O.S.
2011, Section 6-111, as last amended by Section 5,
Chapter 1, O.S.L. 2017 (47 O.S. Supp. 2020 , Section
6-111), which relates to the issuance of driver
licenses; directing the promulgation of certain rules
and procedures; requiring hazardous materials
endorsement be replaced or renewed at the Department
of Public Safety; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011, Section 6 -111, as
last amended by Section 5, Chapter 1, O.S.L. 2017 (47 O.S. Supp.
2020, Section 6-111), is amended to read as f ollows:
Section 6-111. A. 1. The Department of Public Safety shall,
upon payment of the required fee, issue to every applicant
qualifying therefor a Class A, B, C or D driver license or
identification card as applied for, which license or card shall bea r
thereon a distinguishing alphanumeric identification assigned to the
licensee or cardholder, date of issuance and date of expiration of
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the license or card, the full legal name, signature or computerized
signature, date of birth, residence address , unless specified as an
exception in the Code of Federal Regulations per 6 C.F.R., Section
37.17, sex, a computerized color image of the licensee or cardholder
taken in accordance with Department rules and security features as
determined by the Department. The image shall depict a full front
unobstructed view of the entire face of the licensee or cardholder;
provided, a commercial learner permit shall not bear the image of
the licensee. When any person is issued both a driver license and
an identification card, the Department shall ensure the information
on both the license and the card are the same, unless otherwise
provided by law.
2. A driver license or identification card issued by the
Department on or after March 1, 2004, shall bear thereon the county
of residence of the licensee or cardholder.
3. The Department may cancel the distinguishing number, when
that distinguishing number is another person's Social Security
number, assign a new distinguishing alphanumeric identification, and
issue a new license or identification card without charge to the
licensee or cardholder.
4. The Department may promulgate rules for inclusion of the
height and a brief description of the licensee or cardholder on the
face of the card or license identifying the licensee or card holder
as deaf or hard-of-hearing.
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5. It is unlawful for any person to apply, adhere, or otherwise
attach to a driver license or identification card any decal,
sticker, label, or other attachment. Any law enforcement officer is
authorized to remove and d ispose of any unlawful decal, sticker,
label, or other attachment from the driver license of a person. The
law enforcement officer, the employing agency of the officer, the
Department of Public Safety, and the State of Oklahoma shall be
immune from any liability for any loss suffered by the licensee,
cardholder, or the owner of the decal, sticker, label, or other
attachment caused by the removal and destruction of the decal,
sticker, label, or other attachment.
6. The Department of Public Safety may devel op by rule a
procedure which complies with the provisions of subsection G of
Section 6-101 of this title whereby a person may apply for a renewal
or replacement Oklahoma Class D license or Oklahoma identification
card.
7. The Department of Public Safety s hall promulgate rules and
procedures whereby a person may apply for a renewal or replacement
Oklahoma commercial driver license through a tag agency. However, a
commercial driver license holder shall be required to renew or
replace a hazardous material en dorsement at the Department.
B. 1. The Department may issue or authorize the issuance of a
temporary permit or license to an applicant for a driver license
permitting such applicant to operate a motor vehicle while the
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Department is completing its invest igation and determination of all
facts relative to such applicant's privilege to receive a license,
or while a permanent driver license is being produced and delivered
to the applicant. Such permit or license must be in the immediate
possession of the dri ver while operating a motor vehicle, and it
shall be invalid when the applicant's permanent driver license has
been issued and delivered or for good cause has been refused.
2. The Department may issue or authorize the issuance of a
temporary identificatio n card to an applicant, permitting the holder
the privileges otherwise granted by identification cards, while a
permanent driver license is being provided and delivered to the
applicant. Such card shall be invalid when the applicant's
permanent identifica tion card has been issued and delivered, or for
good cause has been refused .
C. 1. The Department may issue a restricted commercial driver
license to drivers eighteen (18) years of age or older for any of
the following specific farm -related service indus tries:
a. farm retail outlets and suppliers,
b. agri-chemical businesses,
c. custom harvesters, and
d. livestock feeders.
The applicant shall hold a valid Oklahoma driver license and
shall meet all the requirements for a commercial driver license.
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The restricted commercial driver license shall not exceed a total of
one hundred eighty (180) days within any twelve -month period.
2. The restricted commercial driver license shall not be valid
for operators of commercial motor vehicles beyond one hundred fifty
(150) miles from the place of business or the farm currently being
served. Such license shall be limited to Class B vehicles. Holders
of such licenses who transport hazardous materials which are
required to be placarded shall be limited to the following:
a. diesel fuel in quantities of one thousand (1,000)
gallons or less,
b. liquid fertilizers in vehicles with total capacities
of three thousand (3,000) gallons or less, and
c. solid fertilizers that are not mixed with any organic
substance.
No other placarded hazardous materials shall be transported by
holders of such licenses.
D. The Department may issue a non -domiciled commercial learner
permit or a non-domiciled commercial driver license to:
1. An H2A-Temporary Agricultural worker lawfully present in the
United States as indicated on an original, valid and unexpired I -94
immigration status document issued by the United States Customs
Citizenship and Immigration Service Services; and
2. A J-1 Exchange Visitor Program participant lawfully present
in the United States as indicated on a valid and unexpired J -1
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Visitor Visa issued by the United States Customs Citizenship and
Immigration Service Services and who is enrolled in an agricultural
education training program.
A person applying for such permit or l icense must comply with
all testing and licensing requirements in accordance with applicable
federal regulations, state laws and Department rules. The issued
license shall be valid until the expiration of the visa for the non -
domiciled worker. The Depart ment may promulgate rules for the
implementation of the process to carry out the provisions of this
section.
E. 1. The Department shall develop a procedure whereby a
person applying for an original, renewal or replacement Class A, B,
C or D driver licens e or identification card who is required to
register as a convicted sex offender with the Department of
Corrections pursuant to the provisions of the Sex Offenders
Registration Act and who the Department of Corrections designates as
an aggravated or habitu al offender pursuant to subsection J of
Section 584 of Title 57 of the Oklahoma Statutes shall be issued a
license or card bearing the words "Sex Offender".
2. The Department shall notify every person subject to
registration under the provisions of Sectio n 1-101 et seq. of this
title who holds a current Class A, B, C or D driver license or
identification card that such person is required to surrender the
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license or card to the Department within one hundred eighty (180)
days from the date of the notice.
3. Upon surrendering the license or card for the reason set
forth in this subsection, application may be made with the
Department for a replacement license or card bearing the words "Sex
Offender".
4. Failure to comply with the requirements set forth in suc h
notice shall result in cancellation of the person's license or card.
Such cancellation shall be in effect for one (1) year, after which
time the person may make application with the Department for a new
license or card bearing the words "Sex Offender". Continued use of
a canceled license or card shall constitute a misdemeanor and shall,
upon conviction thereof, be punishable by a fine of not less than
Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars
($200.00). When an individual is no lo nger required to register as
a convicted sex offender with the Department of Corrections pursuant
to the provisions of the Sex Offenders Registration Act, the
individual shall be eligible to receive a driver license or
identification card which does not be ar the words "Sex Offender".
F. Nothing in subsection E of this section shall be deemed to
impose any liability upon or give rise to a cause of action against
any employee, agent or official of the Department of Corrections for
failing to designate a sex offender as an aggravated or habitual
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offender pursuant to subsection J of Section 584 of Title 57 of the
Oklahoma Statutes.
G. A person subject to an order for the installation of an
ignition interlock device shall be required by the Department to
submit their driver license for a replacement. The replacement
driver license shall bear the words "Interlock Required" and such
designation shall remain on the driver license for the duration of
the order requiring the ignition interlock device. The replaceme nt
license shall be subject to the same expiration and renewal
procedures provided by law. Upon completion of the requirements for
the interlock device, a person may apply for a replacement driver
license.
H. The Department shall develop a procedure wher eby a person
applying for an original, renewal or replacement Class D driver
license who has been granted modified driving privileges under this
title shall be issued a Class D driver license which identifies the
license as a modified license.
SECTION 2. This act shall become effective November 1, 2021.
58-1-5998 JBH 12/08/20