An Act
ENROLLED 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, Sections 6-107.1 and 6-107.2, which relate to
notification for cancellation or denial of driving
privileges of certain persons; modifying length of
time for canceling or denying driving privileges;
deleting language regarding number of notifications
that may occur prior to mandatory cancellation or
denial of driving privileges; eliminating authority
of the court to increase period of cancellation;
providing for payment or nonpayment of attorney fees;
amending 47 O.S. 2011, Section 6 -205, as last amended
by Section 3, Chapter 400, O.S.L. 2019 (47 O.S. Supp.
2020, Section 6-205), which relates to mandatory
revocation of driving privileges; modifying offenses
requiring immediate revocation of driving privileges;
modifying length of revocation for certain offenses;
allowing the filing of certain petition; providing
details for filing, hearing and the issuance of
orders relating to petition; providing for payment or
nonpayment of attorney fees; amending 47 O.S. 2011,
Section 6-205.1, as last amended by Section 4,
Chapter 400, O.S.L. 2019 (47 O.S. Supp. 2020, Section
6-205.1), which relates to periods of revocation;
modifying revocation periods for certain offenses;
specifying certain periods of revocation for which no
driving privileges shall be granted; specifying law
that governs appeals for certain revocations;
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; ENR. H. B. NO. 1795 Page 2
modifying justification for license suspension;
allowing for suspension for conviction in another
state not to exceed other state's penalty; setting
time frame for suspension after certain notice is
received; modifying requirements for certain 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
provisions and requirements of agreements for
issuance of provisional licenses; making certain
exception; providing for eligi bility requirements;
allowing certain persons with suspended licenses to
be eligible for provisional license; authorizing
development of certain rules and procedures; and
providing an effective date.
SUBJECT: Driver licenses
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011, Section 6 -107.1, is
amended to read as follows:
Section 6-107.1 A. When any district court, municipal court of
record or any municipal court in a city or town in which the judge
is an attorney licensed to practice law in this state has determined
that a person under the age of eighteen (18) years has committed any
offense described in subsection C of this section, or that a person
eighteen (18), nineteen (19), or twenty (20) years of age has
committed an offense described in Section 11 -906.4 of this title,
the court shall notify the Department of Public Safety on a form
prescribed by the Department as provided in Section 6 -107.2 of this
title.
B. The notice shall include the name, date of birth, physical
description and, if known, the driver license number of the person.
The notice shall contain an order to the Department to cancel or
deny driving privileges for a specified period of time, except as
otherwise provided by law, as follows:
1. For a period of six (6) months for a first offense; ENR. H. B. NO. 1795 Page 3
2. For a period of one (1) year for a second offense;
3. For a period of two (2) years for a third or subsequent
offense; or
4. In the discretion of the court, until th e person attains
twenty-one (21) years of age, if that period of time would be longer
than the period of time provided in paragraph 1, 2 or 3 of this
subsection period of six (6) months for the first offense or a
period of one (1) year for a subsequent off ense.
Provided, however, if the person is less than sixteen (16) years
of age at the time of the determination, and the person will be less
than sixteen (16) years of age at the end of the period of
cancellation or denial, the Department shall extend the period of
cancellation or denial to the date the person attains sixteen (16)
years of age.
The court shall send a copy of the notice to the person first
class, postage prepaid.
C. In addition to the administrative revocation of driving
privileges pursuant to Section 754 of this title, and the mandatory
revocation of driving privileges pursuant to Section 6 -205.1 of this
title, this section applies to any crime, violation, infraction,
traffic offense or other offense involving or relating to the
possession, use, sale, purchase, transportation, distribution,
manufacture, or consumption of beer, alcohol, or any beverage
containing alcohol and to any crime, violation, infraction, traffic
offense or other offense involving or relating to the possession,
use, sale, purchase, transportation, distribution, manufacture,
trafficking, cultivation, consumption, ingestion, inhalation,
injection, or absorption of any controlled dangerous substance as
defined by paragraph 8 of Section 2 -101 of Title 63 of the Oklahoma
Statutes or any substance which is capable of being ingested,
inhaled, injected, or absorbed into the human body and is capable of
adversely affecting the central nervous system, vision, hearing, or
other sensory or motor functions.
SECTION 2. AMENDATORY 47 O.S. 2011, Section 6 -107.2, is
amended to read as follows:
Section 6-107.2 A. The Department of Public Safety shall
prepare and distribute a Notification form to be used by the courts, ENR. H. B. NO. 1795 Page 4
as provided in Section 6 -107.1 of this title. In addition to any
other authority to cancel or deny driving privileges, the Department
of Public Safety shall, upon receipt of such completed Notification
form from a court, cancel or deny all driving privileges of the
person named in the Notificati on form without hearing, for a period
of time recommended by the court.
B. Upon receipt of a second or subsequent Notification from a
court relating to the same person, the Department shall cancel or
deny driving privileges of the person for a period of two (2) years
or until the person attains eighteen (18) years of age, whichever is
longer.
C. Any person whose driving privileges are canceled or denied
pursuant to this section may file a petition for relief based upon
error or hardship.
1. The petition shall be filed in the district court which
notified the Department pursuant to Section 6 -107.1 of this title
or, if the Notification originated in a municipal court, the
petition shall be filed in the district court of the county in which
the court is located. A copy of the Notification and a copy of the
Department's action canceling or denying driving privileges pursuant
to this section, shall be attached to the petition.
2. The district court shall conduct a hearing on the petition
and may determine the matter de novo, without notice to the
Department, and if applicable, without notice to the municipal
court; provided, the district court shall not consider a collateral
attack upon the merits of any conviction or determination which has
become final.
3. The district court may deny the petition , or, in its
discretion, issue a written Order to the Department to increase or
decrease the period of cancellation or denial to any period or issue
a written Order to vacate the Department's action taken pursua nt to
this section, in its entirety. The content of the Order shall not
grant or purport to grant any driving privileges to the person ,;
however, such order Order may direct the Department of Public Safety
to do so if the person is otherwise eligible ther efor. Unless all
persons or agencies the court ha d reason to believe may have had
relevant information related to the court record and departmental
action have been given notice of the petition , attorney fees and
costs shall not be awarded against any par ty. In no event shall the
Department of Public Safety be liable for attorney fees and costs ENR. H. B. NO. 1795 Page 5
for suspending, revoking, cancel ing or denying a driver license
based upon reasonable reliance on a notice from a court requiring
the revocation, suspension, cance llation or denial of the driver
license according to law .
D. C. Upon receipt of a written Order from the appropriate
court, the Department shall modify or reinstate any driving
privileges as provided in the Order.
SECTION 3. AMENDATORY 47 O.S. 2011, Section 6 -205, as
last amended by Section 3, Chapter 400, O.S.L. 2019 (47 O.S. Supp.
2020, Section 6-205), is amended to read as follows:
Section 6-205. A. The Department of Public Safety shall
immediately revoke the driving privi lege of any person, whether
adult or juvenile, upon receiving a record of conviction, in any
municipal, state or federal court within the United States of any of
the following offenses, when such conviction has become final:
1. Manslaughter or negligent homicide resulting from the
operation of a motor vehicle;
2. Driving or being in actual physical control of a motor
vehicle while under the influence of alcohol, any other intoxicating
substance, or the combined influence of alcohol and any other
intoxicating substance, any violation of paragraph 1, 2, 3 or, 4 or
5 of subsection A of Section 11 -902 of this title or any violation
of Section 11-906.4 of this title. However, the Department shall
not additionally revoke the driving privileges of the person
pursuant to this subsection if the driving privilege of the person
has been revoked because of a test result or test refusal pursuant
to Section 753 or 754 of this title arising from the same
circumstances which resulted in the conviction unless the revocat ion
because of a test result or test refusal is set aside;
3. Any felony Driving a motor vehicle during the commission of
which a motor vehicle is used a felony;
4. Failure to stop and render aid as required under the laws of
this state in the event of a motor vehicle accident resulting in the
death or personal injury of another;
5. Perjury or the making of a false affidavit or statement
under oath to the Department under the Uniform Vehicle Code or under ENR. H. B. NO. 1795 Page 6
any other law relating to the ownership or ope ration of motor
vehicles;
6. A misdemeanor or felony conviction for unlawfully
possessing, distributing, dispensing, manufacturing, trafficking,
cultivating, selling, transferring, attempting or conspiring to
possess, distribute, dispense, manufacture, or traffic, sell, or
transfer of a controlled dangerous substance as defined in the
Uniform Controlled Dangerous Substances Act while using a driving a
motor vehicle;
7. Failure to pay for gasoline pumped into a vehicle pursuant
to Section 1740 of Title 2 1 of the Oklahoma Statutes;
8. A misdemeanor conviction for a violation of Section 1465 of
Title 21 of the Oklahoma Statutes;
9. A misdemeanor conviction for a violation of Section 1 -229.34
of Title 63 of the Oklahoma Statutes;
10. 8. Failure to obey a traffic control device as provided in
Section 11-202 of this title or a stop sign when such failure
results in great bodily injury to any other person; or
11. 9. Failure to stop or to remain stopped for school bus
loading or unloading of children purs uant to Section 11-705 or 11-
705.1 of this title.
B. The first license revocation under any provision of this
section, except for paragraph 2, 3, 6, 7, or 11 9 of subsection A of
this section, shall be for a period of one (1) year. Such period
shall not be modified.
C. A license revocation under any provision of this section,
except for paragraph 2, 3, 6, or 7 of subsection A of this section,
shall be for a period of three (3) years if a prior revocation under
this section, except under paragraph 2 of subsection A of this
section, commenced within the preceding five -year period as shown by
the records of the Department. Such period shall not be modified.
D. The period of license revocation under paragraph 2 , 3 or 6
of subsection A of this section sha ll be governed by the provisions
of Section 6-205.1 of this title.
ENR. H. B. NO. 1795 Page 7
E. The first license revocation under paragraph 7 of subsection
A of this section shall be for a period of six (6) months. A second
or subsequent license revocation under paragraph 7 of subsection A
of this section shall be for a period of one (1) year. Such periods
shall not be modified.
F. The first license revocation under paragraph 11 9 of
subsection A of this section shall be for a period of one (1) year.
Such period may be modif ied. Any appeal of the revocation of
driving privilege under paragraph 11 9 of subsection A of this
section shall be governed by Section 6 -211 of this title; provided,
any modification under this subsection shall apply to Class D motor
vehicles only.
G. As used in this section, "great bodily injury" means bodily
injury which creates a substantial risk of death or which causes
serious, permanent disfigurement or protracted loss or impairment of
the function of any bodily member or organ.
H. Any person whose driving privileges are or have been
canceled or denied pursuant to this section, except for paragraph 1,
2 or 8 of subsection A of this section, may file a petition for
relief based upon error or hardship.
1. The petition shall be filed in the distr ict court which
notified the Department. If the Notification originated in a
municipal court, the petition shall be filed in the district court
of the county in which the municipal court is located. A copy of
the Notification and a copy of the Department 's action canceling or
denying driving privileges pursuant to this section shall be
attached to the petition.
2. The district court shall conduct a hearing on the petition
and may determine the matter de novo, without notice to the
Department and, if app licable, without notice to the municipal
court; provided, the district court shall not consider a collateral
attack upon the merits of any conviction or determination which has
become final.
3. The district court may deny the petition or, in its
discretion, issue a written Order to the Department to decrease the
period of cancellation or denial to any period or issue a written
Order to vacate the Department's action taken pursuant to this
section, in its entirety. The content of the Order shall not grant
or purport to grant any driving privileges to the person; however, ENR. H. B. NO. 1795 Page 8
such Order may direct the Department of Public Safety to do so if
the person is otherwise eligible therefor. The petitioner is
responsible for his or her own attorney fees. However, if t he
petitioner is granted relief for error, then the party that
committed the error may be ordered to pay attorney fees and costs.
Unless all persons or agencies the court ha d reason to believe may
have had relevant information related to the court record and
departmental action have been given notice of the petition , attorney
fees and costs shall not be awarded against any party. In no event
shall the Department of Public Safety be liable for attorney fees
and costs for suspending, revoking, cancel ing or denying a driver
license based upon reasonable reliance on a notice from a court
requiring the revocation, suspension, cancellation or denial of the
driver license according to law.
SECTION 4. AMENDATORY 47 O.S. 2011, Section 6 -205.1, as
last amended by Section 4, Chapter 400, O.S.L. 2019 (47 O.S. Supp.
2020, Section 6-205.1), is amended to read as follows:
Section 6-205.1 A. The driving privilege of a person who is
convicted of any offense as provided in paragraph 2 of subsect ion A
of Section 6-205 of this title, or a person who has refused to
submit to a test or tests as provided in Section 753 of this title,
or a person whose alcohol concentration is subject to the provisions
of Section 754 of this title, unless the person ha s successfully
completed, or is currently participating in, the Impaired Driver
Accountability Program, shall be revoked or denied by the Department
of Public Safety for the following period, as applicable:
1. The first license revocation pursuant to par agraph 2 of
subsection A of Section 6 -205 of this title or Section 753 or 754 of
this title shall be for a period of one hundred eighty (180) days,
or longer if driving privileges are modified pursuant to the
provisions of this paragraph, which shall be mo dified upon request;
provided, any modification under this paragraph shall apply to Class
D driver licenses only. For any modification, the person shall be
required to install an ignition interlock device or devices,
pursuant to Section 754.1 of this titl e. The period of revocation
and the period of interlock installation shall run concurrently and
each shall be for no less than one hundred eighty (180) days;
2. A revocation pursuant to paragraph 2 of subsection A of
Section 6-205 of this title or Secti on 753 or 754 of this title
shall be for a period of one (1) year, or longer if driving
privileges are modified pursuant to the provisions of this ENR. H. B. NO. 1795 Page 9
paragraph, if within ten (10) years preceding the date of arrest
relating thereto, as shown by the records of the Department:
a. a prior revocation commenced pursuant to paragraph 2
or 6 of subsection A of Section 6 -205 of this title,
Section 753 or 754 of this title, or completion of the
Impaired Driver Accountability Program, or
b. the record of the person re flects a prior conviction
in another jurisdiction which did not result in a
revocation of Oklahoma driving privileges, for a
violation substantially similar to paragraph 2 of
subsection A of Section 6 -205 of this title, and the
person was not a resident or a licensee of Oklahoma at
the time of the offense resulting in the conviction.
Such one-year period of revocation may be modified upon request;
provided, any modification under this paragraph shall apply to Class
D driver licenses only. For any modifica tion, the person shall be
required to install an ignition interlock device or devices,
pursuant to Section 754.1 of this title. The period of revocation
and the period of interlock installation shall run concurrently and
each shall be for no less than one (1) year; or
3. A revocation pursuant to paragraph 2 of subsection A of
Section 6-205 of this title or Section 753 or 754 of this title
shall be for a period of three (3) years, or longer if driving
privileges are modified pursuant to the provisions of this
paragraph, if within ten (10) years preceding the date of arrest
relating thereto, as shown by the records of the Department:
a. two or more prior revocations commenced pursuant to
paragraph 2 or 6 of subsection A of Section 6 -205 of
this title or Section 753 or 754 of this title,
b. a prior revocation commenced pursuant to paragraph 2
or 6 of subsection A of Section 6 -205 of this title or
Section 753 or 754 of this title, and completion of
the Impaired Driver Accountability Program,
c. the record of the person reflects two or more prior
convictions in another jurisdiction which did not
result in a revocation of Oklahoma driving privileges,
for a violation substantially similar to paragraph 2
of subsection A of Section 6 -205 of this title, and ENR. H. B. NO. 1795 Page 10
the person was not a resident or a licensee of
Oklahoma at the time of the offense resulting in the
conviction, or
d. any combination of two or more prior revocations,
completion of the Impaired Driver Accountability
Program, or convictions as described in subp aragraphs
a, b and c of this paragraph.
Such three-year period of revocation shall be modified upon request;
provided, any modification under this paragraph shall apply to Class
D driver licenses only. For any modification, the person shall be
required to install an ignition interlock device or devices,
pursuant to Section 754.1 of this title. The period of revocation
and the period of interlock installation shall run concurrently and
each shall be for no less than three (3) years.
B. The driving privi lege of a person who is convicted of any
offense as provided in paragraph 3 or 6 of subsection A of Section
6-205 of this title shall be revoked or denied by the Department of
Public Safety for the following period, as applicable:
1. The first license re vocation shall be for one hundred eighty
(180) days, which shall be modified upon request; provided, for
license revocations for a misdemeanor charge of possessing a
controlled dangerous substance, the provisions of this paragraph
shall apply to any such r evocations by the Department on or after
January 1, 1993; provided further, any modification under this
paragraph shall apply to Class D driver licenses only;
2. A revocation shall be for a period of one (1) year if within
ten (10) years preceding the da te of arrest relating thereto, as
shown by the records of the Department:
a. a prior revocation commenced pursuant to paragraph 2 ,
3 or 6 of subsection A of Section 6 -205 of this title,
or Section 753 or 754 of this title,
b. a prior revocation commenced pursuant to paragraph 2 ,
3 or 6 of subsection A of Section 6 -205 of this title
or Section 753 or 754 of this title, and completion of
the Impaired Driver Accountability Program, or
c. the record of the person reflects a prior conviction
in another jurisdiction which did not result in a ENR. H. B. NO. 1795 Page 11
revocation of Oklahoma driving privileges, for a
violation substantially similar to paragraph 2 , 3 or 6
of subsection A of Section 6 -205 of this title, and
the person was not a resident or a licensee of
Oklahoma at the time of the offense resulting in the
conviction.
Such period shall not be modified; or
3. A revocation shall be for a period of three (3) years if
within ten (10) years preceding the date of arrest relating thereto,
as shown by the records of the Department :
a. two or more prior revocations commenced pursuant to
paragraph 2 or 6 of subsection A of Section 6 -205 of
this title, or Section 753 or 754 of this title,
b. a prior revocation commenced pursuant to paragraph 2
or 6 of subsection A of Section 6 -205 of this title or
Section 753 or 754 of this title, and completion of
the Impaired Driver Accountability Program,
c. the record of the person reflects two or more prior
convictions in another jurisdiction which did not
result in a revocation of Oklahoma dri ving privileges,
for a violation substantially similar to paragraph 2
or 6 of subsection A of Section 6 -205 of this title,
and the person was not a resident or licensee of
Oklahoma at the time of the offense resulting in the
conviction, or
d. any combination of two or more prior revocations,
completion of the Impaired Driver Accountability
Program, or convictions as described in subparagraphs
a and b or c of this paragraph.
Such period shall not be modified.
The revocation of the driving privilege of any person under this
subsection shall not run concurrently with any other withdrawal of
driving privilege resulting from a different incident and which
requires the driving privilege to be withdrawn for a prescribed
amount of time. A denial based on a convi ction of any offense as
provided in paragraph 6 of subsection A of Section 6 -205 of this
title shall become effective on the first day the convicted person ENR. H. B. NO. 1795 Page 12
is otherwise eligible to apply for and be granted driving privileges
if the person was not eligible to do so at the time of the
conviction.
C. For the purposes of this section:
1. The term "conviction" includes a juvenile delinquency
adjudication by a court or any notification from a court pursuant to
Section 6-107.1 of this title; and
2. The term "revocation" includes a denial of driving
privileges by the Department.
D. Each period of revocation in subsection A of this section
not subject to modification shall be mandatory and neither the
Department nor any court shall grant driving privileges ba sed upon
hardship or otherwise for the duration of that period. Each period
of revocation, subject to modification as provided for in this
section, shall be modified upon request as provided for in Section
Sections 754.1 of this title or Section 11 of thi s act, 11-902a or
subsection H of Section 6 -205 of this title; provided, any
modification under this paragraph shall apply to Class D driver
licenses only.
E. Any appeal of a revocation or denial of driving privileges
in subsection A of this section shall be governed by Section 6 -211
of this title.
SECTION 5. 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 any 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 other act or
municipal ordinance or act or ordinance of another state regulating
the operation of motor vehicles 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 submitted by the judge or th e
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 in another state relating to the ENR. H. B. NO. 1795 Page 13
operation of a motor vehicle, may in its discretion suspe nd 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 reports 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 operation 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 .
C. The Department, upon receipt 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 exceed the penalty imposed
by a court or the Department in the State of Oklahoma for a
violation substantially similar to the conviction in the other
jurisdiction which did not result in a revocation of Oklahoma
driving privileges.
D. Following receipt of a notice 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 Department 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 whose license is subject to suspension pursuant to
this section may avoid the effective date of the suspension or, if
suspended, shall be eligible for reinstatement, if otherwise
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 cou rt or court clerk; and
3. Submitting the processing and reinstatement fees, as
provided for in Section 6 -212 of this title.
Provided, however, in cases of extreme and unusual hardship, as
determined by the court , or proof of enrollment in a federal or
state government assistance program, including, but not limited to,
Social Security or the Supplemental Nutrition Assistance Program ,
the person shall be placed on a payment plan by the court, and the
court shall send a release to the Department for reinsta tement ENR. H. B. NO. 1795 Page 14
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 payment plan . In such case, the Department
shall again suspend the person's driving privilege for nonpayment 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 Depa rtment may remove such record of
suspension from the person's driving record and retain 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 eligible 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 dri ving privilege of the person:
1. For the first conviction as indicated on the driving record
of the person, for a period of six (6) months;
2. For the second conviction as indicated on the driving record
of the person, for a period of one (1) year. Su ch period shall not
be modified; and
3. For the third or subsequent conviction as indicated 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 suspend ed under
the provisions of this section shall have the right of appeal, as
provided in Section 6 -211 of this title.
SECTION 6. AMENDATORY 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), is amended to read as follows:
Section 6-212. A. The Department 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:
ENR. H. B. NO. 1795 Page 15
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,
reinstatement fees shall not be cumulative, an d 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 license or privilege to operate a motor
vehicle shall remain under suspension or revocation and shall not be
reinstated until:
1. The expiration of each such r evocation 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 Statutes or
pursuant to any provisions of this title, except as
provided in subparagraph b of this paragraph, 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 required by
law or pursuant to subsection B of Section 6 -206
of this title for a suspension other than 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 ($200.00) t o be deposited into
the Trauma Care Assistance Revolving Fund created
in Section 1-2530.9 of Title 63 of the Oklahoma ENR. H. B. NO. 1795 Page 16
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 privilege 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 Fiftee n 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 thereaft er, Twenty-
five Dollars ($25.00).
D. The Department of Public Safety is hereby authorized to
enter into agreements with persons whose license to operate a motor
vehicle or commercial motor vehicle has been suspended or revoked,
for issuance of a provisio nal 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 residence 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 residence 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 minimum total of Twenty-
five Dollars ($25.00) Five Dollars ($5.00) per month toward the ENR. H. B. NO. 1795 Page 17
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
provisional driver license program and such rules and procedures
shall include, but not be limited to, eligibility criteria, proof of
insurance, proof of en rollment or employment, and any provisional
license fees may suspend or revoke a provisional license pursuant 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 application for a
provisional driver license .
E. F. Eligibility for a provisional license shall not take into
consideration any outstanding fines and fee s owed, including, but
not limited to, warrant fees, court 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 provis ional license;
provided, the suspended license has not expired.
H. The Department shall develop rules and procedures necessary
to implement the provisions of this section except as otherwise
provided by this title.
I. Effective July 1, 2002, and for ea ch fiscal year thereafter:
1. Two Hundred Fifty Thousand Dollars ($250,000.00) of all
monies collected each month 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 Thousand Dollars
($250,000.00) each month shall be deposited in the General Revenue
Fund.
SECTION 7. This act shall become effecti ve November 1, 2021. ENR. H. B. NO. 1795 Page 18
Passed the House of Representatives the 14th day of May, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 18th day of May, 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: _________________________________