Oklahoma 2022 Regular Session

Oklahoma House Bill HB1679 Latest Draft

Bill / Enrolled Version Filed 04/14/2021

                            An Act 
ENROLLED HOUSE 
BILL NO. 1679 	By: Stark, Hill, Phillips, 
Mize, Talley, Pittman, 
Humphrey and Provenzano of 
the House 
 
   and 
 
  Weaver and Bergstrom of the 
Senate  
 
 
 
 
 
An Act relating to inmates; creating the Sarah Stitt 
Act; directing the Department of C orrections 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 funds for 
certain purposes and for purchasing 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 replaced 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 
cards issued to certain persons; providing 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  ENR. H. B. NO. 1679 	Page 2 
and procedures; providing for codification; providing 
for noncodification; and providing an effective date. 
 
 
 
SUBJECT:  Inmates 
 
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: 
 
This act shall be known and may be cited as the "Sara h 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 numbering, reads as follows: 
 
A.  When any inmate shall be dischar ged 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 relevant 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. 
 
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 documentation required for the issuance of 
a REAL ID Noncompliant Id entification 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 himself 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 implementation and 
administration of this section and the purchase of REAL ID 
Noncompliant Identification Card s, including, but not limited to, 
inmate trust funds, existing funds of the Department of Corrections 
and donations. 
  ENR. H. B. NO. 1679 	Page 3 
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 work record of the inmate, if applicable; 
 
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 l earned by 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 entity 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 Pub lic Safety may 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 identificat ion card by any 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 
authorized to administer oaths or electronically if completing an  ENR. H. B. NO. 1679 	Page 4 
online application, o r 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 identification 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 identification 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 issued with a 
consolidated record card from the Department of Corrections for 
inmates shall be valid for a period of four (4) years from the month 
of issuance for an allowable fee to be determined by the Department 
of Public Safety and are nonrenewable and nontransferable. 
 
4.  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 Ide ntification 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. 
 
5.  The Department of Public Safety is authorized to promulgate 
rules and procedures to implement the provisions of this subsection. 
 
C. No person shall hold more than one state -issued or 
territory-issued REAL ID Compliant Driver Li cense or REAL ID 
Compliant Identification Card, as defined in subsection G of Section  ENR. H. B. NO. 1679 	Page 5 
6-101 of this title.  The Department shall not issue a REAL ID 
Compliant Identification Card to any applicant who has been 
previously issued a REAL ID Compliant Driver Li cense or REAL ID 
Compliant Identification Card unless such license or identification 
card has been surrendered to the 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. 
 
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 ($10.00) shall be deposited in the Department of 
Public Safety Revolving Fund ; 
 
4.  Three Dollars ($3.00) shall be deposited to the State Publ ic 
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, 
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 identification card by a motor  ENR. H. B. NO. 1679 	Page 6 
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 Commission 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 registration 
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. 
  ENR. H. B. NO. 1679 	Page 7 
Passed the House of Representatives the 10th day of March, 2021. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 13th day of April, 2021. 
 
 
 
  
 	Presiding Officer of the Senate 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________