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SENATE FLOOR VERSION
April 5, 2021
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 1795 By: Miller, Talley, Pae,
Roberts (Eric) and Townley
of the House
and
David of the Senate
An Act relating to driver licenses; amending 47 O.S.
2011, Section 6-206, as amended by Section 1, Chapter
189, O.S.L. 2016 (47 O.S. Supp. 2020, Section 6 -206),
which relates to Department of Public Safety
authority to suspend licenses; modifying
justification for license suspension; allowing for
suspension for conviction in another state not to
exceed other state’s penalty; granting certain
discretion for suspension during certain time frame;
modifying requirements for c ertain payment plan;
amending 47 O.S. 2011 , Section 6-212, as last amended
by Section 6, Chapter 400, O.S.L. 2019 (47 O.S. Supp.
2020, Section 6-212), which relates to fees and
conditions for reinstatement; modifying p rovisions
and requirements of agreements for issuance of
provisional licenses; m aking certain exception;
providing for eligibili ty requirements; allowing
certain persons to be eligible for provisional
license; authorizing development of certain rules and
procedures; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 47 O.S. 2011, Section 6 -206, as
amended by Section 1, Chapter 189, O.S .L. 2016 (47 O.S. Supp. 2020,
Section 6-206), is amended to read as follows:
Section 6-206. A. Whenever an y person is convicted or pleads
guilty in any court having jurisdiction over offenses committed
under Section 1-101 et seq. of this title, or any ot her act or
municipal ordinance or act or ordinance of another sta te regulating
the operation of motor vehicl es on highways, such court shall make
immediate report to the Department of Public Safety setting forth
the name of the offender, the number of the driver license and the
penalty imposed. Said report shall be sub mitted by the judge or the
clerk of the court upon forms furnished or approved by the
Department.
B. The Department, upon receipt of said report or upon receipt
of a report of a conviction i n another state relating to the
operation of a motor vehicle, may in its discretion suspend the
driving privilege of such person for such period of time as in its
judgment is justified from the records of such conviction together
with the records and repor ts on file in the Department , subject to
the limitations provided in Section 6-208 of this title or any other
act or municipal ordinance regulating the oper ation of motor
vehicles on highways. Any action taken by the Department shall be
in addition to the penalty imposed by the court subject to the
limitations outlined by statute.
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C. The Department, upon recei pt of a report of a conviction in
another state relating to the operation of a motor vehicle, may in
its discretion suspend the driving privilege of such person. Any
action taken by the Department shall not excee d the penalty imposed
by a court or the Dep artment in this state for a violation
substantially similar to the conviction in the other jurisdiction
which did not result in a revocat ion of Oklahoma driving privileges.
D. Following receipt of a no tice of any nonpayment of fine and
costs for a moving traffic violation with a recommendation of
suspension of driving privileges of a defendant from any court
within this state, as provided for in Section 983 of Title 22 of the
Oklahoma Statutes, the Depa rtment shall suspend the driving
privilege of the named person no earlier than one hundred eighty
(180) days after giving notice as provided in Section 2 -116 of this
title. A person whos e license is subject to suspension pursuant to
this section may avoid the effective date of the suspension or, i f
suspended, shall be eligible for reinstatement, if otherw ise
eligible, upon:
1. Making application to the Department of Public Safety;
2. Showing proof of payment of the total amount of the fine and
cost or a release from the court or court clerk; and
3. Submitting the processing and reinstatement fees, as
provided for in Section 6-212 of this title.
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Provided, however, in cases of extreme and unusual hardship, as
determined by the court , or proof of enrollment in a federal or
state government assistanc e program including, but not limited to,
Social Security or the Supplemental Nutrition Assistance Program ,
the person shall be placed on a paym ent plan by the court, and the
court shall send a release to the Depa rtment for reinstatement
purposes. The court may submit another suspension request pursuant
to this section if the person fails to honor the payment plan and it
is found that the person is financially able but willfully refuses
or neglects to honor the pa yment plan. In such case, the Department
shall again suspend the person’s driving privilege for nonpay ment of
fine and costs for the same moving traffic violation. Upon
reinstatement after suspension for nonpayment of fine and costs for
a moving traffic violation the Department may remove such re cord of
suspension from the person ’s driving record and reta in an internal
record for audit purposes. A court within this state may order the
Department to waive any requirement that fines and costs be
satisfied by a person prior to that person being elig ible for a
provisional license provided under Section 6 -212 of this title.
D. E. Upon the receipt of a record of conviction for eluding or
attempting to elude a peace officer, the Department of Public Safety
shall suspend the driving privilege of the pers on:
1. For the first conviction as indicated on the driving record
of the person, for a period of six (6) months;
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2. For the second conviction as indicated on the driving record
of the person, for a period of on e (1) year. Such period shall not
be modified; and
3. For the third or subsequent conviction as indic ated on the
driving record of the person, for a period of three (3) years. Such
period shall not be modified.
E. F. Any person whose driving privilege is so suspended under
the provisions of thi s section shall have the right of appeal, as
provided in Section 6-211 of this title.
SECTION 2. AMENDATORY 47 O.S. 20 11, Section 6-212, as
last amended by Section 6, Chapter 400, O.S.L. 2019 (47 O.S. Supp.
2020, Section 6-212), is amended to read as follows:
Section 6-212. A. The Depart ment of Public Safety shall not
assess and collect multiple reinstatement fees when reinstating the
driving privilege of any person having more than one suspension or
revocation affecting the person’s driving privilege at the time of
reinstatement.
B. The Department shall:
1. Suspend or revoke a person ’s driving privilege as delineated
within the Oklahoma Statutes; and
2. Require any person having more than one suspension or
revocation affecting the person’s driving privilege to meet the
statutory requirements for each action as a condition precedent to
the reinstatement of any driving privilege. Provided, however,
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reinstatement fees shall not be cumul ative, and a single
reinstatement fee, as provided for in subsection C of this section,
shall be paid for all suspensions or revocations as shown by the
Department’s records at the time of reinstatement.
C. Whenever a person ’s privilege to operate a motor vehicle is
suspended or revoked pursuant to any provision as authorized by the
Oklahoma Statutes, the l icense or privilege to operate a motor
vehicle shall remain under suspension or revo cation and shall not be
reinstated until:
1. The expiration of each such revocation or suspension order;
2. The person has paid to the Department:
a. if such privilege is suspended or revoked pursuant to
Section 1115.5 of Title 22 of the Oklahoma Statute s or
pursuant to any provisions of this title, except as
provided in subparagraph b of this paragra ph, a
processing fee of Twenty-five Dollars ($25.00) for
each such suspension or revocation as shown by the
Department’s records, or
b. (1) if such privilege is suspended or revoked
pursuant to the provisions of Section 6 -205, 6-
205.1, 7-612, 753, 754 or 761 of this title or
pursuant to subsection A of Section 7 -605 of this
title for a conviction for failure to maintain
the mandatory motor vehicle insurance re quired by
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law or pursuant to subsection B of Section 6 -206
of this title for a suspension other tha n for
points accumulation, a processing fee of Seventy -
five Dollars ($75.00) for each such suspension or
revocation as shown by the Department ’s records,
and a special assessment trauma -care fee of Two
Hundred Dollars ($200.0 0) to be deposited into
the Trauma Care Assistance Revolving Fund created
in Section 1-2530.9 of Title 63 of the Oklahoma
Statutes, for each suspension or revocation as
shown by the records of the Department, and
(2) in addition to any other fees required by this
section, if such privil ege is suspended or
revoked pursuant to an arrest on or after
November 1, 2008, under the provisions of
paragraph 2 or 6 of subsection A of Section 6 -205
of this title or of Section 753, 754 or 761 of
this title, a fee of Fif teen Dollars ($15.00),
which shall be apportioned pursuant to the
provisions of Section 3 -460 of Title 43A of the
Oklahoma Statutes; and
3. The person has paid to the Department a single reinstatement
fee of, beginning on July 1, 2013, and any year therea fter, Twenty-
five Dollars ($25.00).
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D. The Department of Public Safety is hereby authorized to
enter into agreements with persons whose license to operate a motor
vehicle or commercial mo tor vehicle has been suspended or revoked,
for issuance of a provisi onal license that subject to any
restrictions imposed by law or a court order. The provisional
license would allow such persons to drive from 6:00 a.m. to 11:59
p.m. Driving privileges for a provisional license are limited from
12:00 a.m. to 5:59 a.m. to driving:
1. Between their place of residenc e and their place of
employment or potential employment;
2. During the scope and course of their employment;
3. Between their place of residence and a college, university
or technology center;
4. Between their place of residence and their child ’s school or
day care provider;
5. Between their place of reside nce and a place of worship; or
6. Between their place of residence and any court -ordered
treatment program,
with the condition that such persons pay a mini mum total of Twenty-
five Dollars ($25.00) Five Dollars ($5.00) per month toward the
satisfaction of all outstanding fees including, but not limited to,
provisional license fees, warrant fees, court costs or fees, driver
license or commercial driver license reinstatement fees. The
Department shall develop rules and procedures to establish such a
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provisional driver license program and such rules and procedures
shall include, but not be limited to, eligibility criteria, proof of
insurance, proof of enrollment or employment, and any provisional
license fees may suspend or revoke a provisional license pursua nt to
this section if the person fails to honor the payment plan. The
person may re-enroll in the provisional driver license program .
E. Any violation of law by the person holding the provisional
license that would result in the suspension or revocation of a
driver license, except for the failure to pay fines, fees or other
financial obligations if the person is participating in a payment
plan, shall result in the revocation of the provisional license and
such person shall be ineligible for future applica tion for a
provisional driver license.
E. F. Eligibility for a provisional license shall not take into
consideration any outstanding fines and fees owed including, but not
limited to, warrant fees, co urt costs or fees, driver license or
commercial driver license reinstatement fees.
G. A person with a suspended driver license shall not have to
take a driver license test to be eligible for a provisional licen se
provided the suspended license has not e xpired.
H. The Department shall develop rules and pro cedures necessary
to implement the provisions of this section except as otherwise
provided by this title.
I. Effective July 1, 2002, and for each fiscal yea r thereafter:
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1. Two Hundred Fifty Thousand Dollars ($250,000.00) of all
monies collected each mon th pursuant to this section shall be
apportioned as provided in Section 1104 of this title, except as
otherwise provided in this section; and
2. Except as otherwise provided in this section, all other
monies collected in excess of Two Hundred Fifty Thousa nd Dollars
($250,000.00) each month shall be deposited in the General Revenue
Fund.
SECTION 3. This act shall become effective November 1, 2 021.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
April 5, 2021 - DO PASS AS AMENDED