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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1679 By: Stark, Hill, Phillips, Mize
and Talley of the House
and
Weaver of the Senate
COMMITTEE SUBSTITUTE
An Act relating to inmates; creating the Sarah Stitt
Act; directing the Department of Corrections to
assist inmates with obtaining state -issued
identification cards and employment -related
documents; directing the Department of Corrections to
identify inmates who have current forms of
identification; requiring the gathering of specific
documents; authorizing the utilization of certain
funds to pay for identification cards; establishing
limitation; directing the Department of Corrections
to provide inmates with certain employment -related
documentation; providing for the promulgation of
certain rules and procedures; amending 47 O.S. 2011,
Section 6-105.3, as last amended by Section 2,
Chapter 1, O.S.L. 2017 (47 O.S. Supp. 2020, Section
6-105.3), which relates to the issuance of
identification cards; directing the Department of
Corrections to coordinate with the Department of
Public Safety on issuing identification cards;
requiring identification cards to be issued,
canceled, revoked, denied and replac ed in the same
manner as driver licenses; authorizing the use of
certain document as valid identification; providing
for period of validity; providing for an allowable
fee; reducing period of validity for identification
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cards issued to certain persons; pro viding for the
issuance of identification cards to certain persons
at no cost; prohibiting the renewal of identification
cards; directing the deposit of fee into certain
revolving fund; authorizing the promulgation of rules
and procedures; providing for co dification; providing
for noncodification; and providing an effective date.
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 fo llows:
This act shall be known and may be cited as the "Sarah Stitt
Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 513.3 of Title 57, unless there
is created a duplication in numberi ng, reads as follows:
A. When any inmate shall be discharged from an institution of
the Department of Corrections and the intended residence designated
by the inmate is within this state, the Department of Corrections
shall provide the inmate with relevan t documentation to assist the
inmate in obtaining post -release employment and shall coordinate
with the Department of Public Safety to provide a REAL ID
Noncompliant Identification Card if the inmate does not have a
current state-issued identification card or driver license.
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B. 1. Within nine (9) months prior to the release of an inmate
from custody, the Department of Corrections shall identify whether
the inmate has a current form of state identification and begin the
process of gathering the documentati on required for the issuance of
a REAL ID Noncompliant Identification Card pursuant to Section 6 -
105.3 of Title 47 of the Oklahoma Statutes. If an inmate has any
valid form of a state -issued identification card or driver license,
the inmate may avail hims elf or herself of the provisions of this
section.
2. The Department of Corrections may utilize any funds
available to cover the costs associated with the purchase of a REAL
ID Noncompliant Identification Card, including, but not limited to,
inmate trust funds, existing funds of the Department of Corrections
and donations.
3. The provisions of this section shall apply only to inmates
who may receive a state -issued identification card pursuant to
Section 1550.42 of Title 21 of the Oklahoma Statutes.
C. For purposes of assisting an inmate in obtaining post -
release employment, the Department of Corrections shall provide the
inmate with the following documentation:
1. A copy of the vocational training record of the inmate, if
applicable;
2. A copy of the wor k record of the inmate, if applicable;
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3. A certified copy of the birth certificate of the inmate, if
obtainable;
4. A Social Security card or a replacement Social Security card
of the inmate, if obtainable;
5. A resume that includes any trade learned b y the inmate and
the proficiency at that trade by the inmate; and
6. Documentation that the inmate has completed a practice job
interview.
In addition, the Department shall notify the inmate if he or she
is eligible to apply for a license from a state ent ity charged with
oversight of an occupational license or certification.
D. The Department of Corrections is authorized to promulgate
rules and procedures to implement the provisions of this section.
SECTION 3. AMENDATORY 47 O.S. 2011, Section 6-105.3, as
last amended by Section 2, Chapter 1, O.S.L. 2017 (47 O.S. Supp.
2020, Section 6-105.3), is amended to read as follows:
Section 6-105.3 A. In addition to the licenses to operate
motor vehicles, the Department of Public Safety ma y issue cards to
Oklahoma residents for purposes of identification only. The
identification cards shall be issued, renewed, replaced, canceled
and denied in the same manner as driver licenses in this state. The
application for an identification card by a ny person under the age
of eighteen (18) years shall be signed and verified by a custodial
legal parent or legal guardian, either in person before a person
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authorized to administer oaths or electronically if completing an
online application, or a notarized affidavit signed by a custodial
legal parent or legal guardian submitted before a person authorized
to administer oaths by the person under the age of eighteen (18)
years with the application. Except as otherwise provided in this
section, the identificat ion cards shall be valid for a period of
four (4) years from the month of issuance; however, the
identification cards issued to persons sixty -five (65) years of age
or older shall be valid indefinitely from the month of issuance.
B. 1. The Department of Corrections shall coordinate with the
Department of Public Safety to provide REAL ID Noncompliant
Identification Cards to all inmates who do not have a current state -
issued identification card or driver license upon their release from
custody. The identif ication cards shall be issued, replaced,
canceled and denied in the same manner as driver licenses in this
state.
2. If an inmate is unable to provide a valid identification
document and no other form of identification is available, the
Department of Public Safety shall allow the use of a Department of
Corrections-issued consolidated record card to serve as a valid
identification document to obtain a REAL ID Noncompliant
Identification Card.
3. REAL ID Noncompliant Identification Cards for inmates shall
be valid for a period of four (4) years from the month of issuance
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for an allowable fee to be determined by the Department of Public
Safety and are nonrenewable. The fee charged for the issuance or
replacement of a REAL ID Noncompliant Identification Card pursuant
to this subsection shall be deposited in the Department of Public
Safety Revolving Fund. Provided, however, REAL ID Noncompliant
Identification Cards issued to individuals required to register
pursuant to the Sex Offenders Registration Act shall only be valid
for a period of one (1) year. No person sixty -five (65) years of
age or older shall be charged a fee for a REAL ID Noncompliant
Identification Card.
4. The Department of Public Safety is authorized to promulgate
rules and procedures to impl ement the provisions of this subsection.
C. No person shall hold more than one state -issued or
territory-issued REAL ID Compliant Driver License or REAL ID
Compliant Identification Card, as defined in subsection G of Section
6-101 of this title. The Depa rtment shall not issue a REAL ID
Compliant Identification Card to any applicant who has been
previously issued a REAL ID Compliant Driver License or REAL ID
Compliant Identification Card unless such license or identification
card has been surrendered to th e Department by the applicant. The
Department may promulgate rules related to the issuance of
replacement REAL ID Compliant Identification Cards in the event of
loss or theft.
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C. D. The fee charged for the issuance, renewal, or replacement
of a REAL ID Compliant Identification Card shall be Twenty -five
Dollars ($25.00). The fee charged for the issuance, renewal or
replacement of a REAL ID Noncompliant Identification Card pursuant
to this section shall be Twenty -five Dollars ($25.00); however, no
person sixty-five (65) years of age or older shall be charged a fee
for an identification card. Of each fee charged pursuant to the
provisions of this subsection:
1. Seven Dollars ($7.00) shall be apportioned as provided in
Section 1104 of this title;
2. Three Dollars ($3.00) shall be credited to the Department of
Public Safety Computer Imaging System Revolving Fund to be used
solely for the purpose of the administration and maintenance of the
computerized imaging system of the Department;
3. Ten Dollars ($10.0 0) shall be deposited in the Department of
Public Safety Revolving Fund ;
4. Three Dollars ($3.00) shall be deposited to the State Public
Safety Fund created in Section 2 -147 of this title; and
5. a. Two Dollars ($2.00) of the fee authorized by this
subsection related to the issuance, renewal or
replacement of an identification card by a motor
license agent that does not process approved
applications or renewals for REAL ID Compliant Driver
Licenses or Identification Cards shall be deposited,
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in addition to the amount authorized by paragraph 4 of
this subsection, to the State Public Safety Fund
created in Section 2 -147 of this title, or
b. Two Dollars ($2.00) of the fee authorized by this
subsection related to the issuance, renewal or
replacement of an ident ification card by a motor
license agent that does process approved applications
or renewals for REAL ID Compliant Driver Licenses or
Identification Cards shall be retained by the motor
license agent.
D. E. The Oklahoma Tax Commission is hereby authorized to
reimburse, from funds available to that agency, each motor license
agent issuing an identification card to a person sixty -five (65)
years of age or older, an amount not to exceed One Dollar ($1.00)
for each card or driver license so issued. The Tax Com mission shall
develop procedures for claims for reimbursement.
E. F. When a person makes application for a new identification
card, or makes application to renew an identification card, and the
person has been convicted of, or received a deferred judgment for,
any offense required to register pursuant to the Sex Offenders
Registration Act, the identification card shall be valid for a
period of one (1) year from the month of issuance, but may be
renewed yearly during the time the person is subject to regist ration
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on the Sex Offender Registry. The cost for such identification card
shall be the same as for other identification cards and renewals.
SECTION 4. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON C RIMINAL JUSTICE AND CORRECTIONS,
dated 03/01/2021 - DO PASS, As Amended and Coauthored.