Oklahoma 2022 Regular Session

Oklahoma House Bill HB2183 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
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3	34		BILL NO. 2183 By: Johns and West (Josh) of
4	35		the House
5	36
6	37		and
7	38
8	39		Standridge and Bergstrom of
9	40		the Senate
10	41
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14	45		An Act relating to driver licenses; amending 47 O.S.
15	46		2011, Section 6-110, as last amended by Section 1,
16	47		Chapter 395, O.S.L. 2019 (47 O.S. Supp. 2020, Section
17	48		6-110), which relates to examination of applicants
18	49		for driver licenses; allowing a public transit agency
19	50		to hire or employ certain examiners; requiring the
20	51		Department of Public Saf ety to approve at least one
21	52		public transit agency meeting certain criteria;
22	53		authorizing public transit agency to use third -party
23	54		examiners; modifying date for promulgation of rules;
24	55		amending 47 O.S. 2011, Section 6 -110.1, as amended by
25	56		Section 1, Chapter 1 37, O.S.L. 2020 (47 O.S. Supp.
26	57		2020, Section 6-110.1), which relates to
27	58		endorsements; allowing certain existing driver
28	59		license holders to test for only the new endorsement
29	60		sought; and providing an effective date.
30	61
31	62
32		-	~~SUBJECT: Driver licenses~~
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33	64
34	65		BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
35		-
36	66		SECTION 1. AMENDATORY 47 O.S. 2011 , Section 6-110, as
37	67		last amended by Section 1, Chapter 395, O.S.L. 2019 (47 O.S. Supp.
38	68		2020, Section 6-110), is amended to read as follows:
39		-
40	69		Section 6-110. A. 1. The Dep artment of Public Safety shall
41	70		examine every applicant for an original Class A, B, C or D license
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42	98		and for any endorsements thereon, except as otherwise provided in
43	99		Section 6-101 et seq. of this title or as provided in paragraph 2 of
44	100		this subsection or in s ubsections D and E of this section. The
45	101		examination shall include a test of the appl icant's:
46		-	ENR. H. B. NO. 2183 Page 2
47	102		a. eyesight,
48		-
49	103		b. ability to read and understand highway signs
50	104		regulating, warning and directing traffic,
51		-
52	105		c. knowledge of the traffic laws of this state, including
53	106		a portion on bicycle and motorcycle safety, and
54		-
55	107		d. ability, by actual demonstration, to exercise ordinary
56	108		and reasonable control in the operation of a motor
57	109		vehicle. The actual demonstration shall be conducted
58	110		in the type of motor vehicle for the class of driver
59	111		license being applied for.
60		-
61	112		The Department may create a knowledge test that ma y be taken on the
62	113		Internet by an applicant applying for a Class D license.
63		-
64	114		Any licensee seeking to apply for a driver license of another class
65	115		which is not covered by the licensee's current driver license shall
66	116		be considered an applicant for an original li cense for that class.
67		-
68	117		2. The Department of Public Safety shall have the authority to
69	118		waive the requirement of any part of the examination required in
70	119		paragraph 1 of this subsection for those applicants whose driving
71	120		record meets the standards set by the D epartment of Public Safety
72	121		and surrenders surrender either of the following:
73	122
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74	149		a. a valid unexpired driver license issued by any state
75	150		or country for the same type or types of vehicles, or
76		-
77	151		b. an expired driver license that:
78		-
79	152		(1) is not expired more than six ( 6) months past the
80	153		expiration date listed on the driver license, and
81		-
82	154		(2) is not a Class A, B or C commercial driver
83	155		license or commercial driver license permit.
84		-
85	156		3. The Department shall accept skills test results from another
86	157		state for Class A, B or C lice nse applicants who have successfully
87	158		completed commercial motor vehicle driver training in that state and
88	159		successfully passed the skills test in that state; provided, the
89	160		Department shall not accept skills test results from another state
90	161		when the applicant has not successfully completed commercial motor
91		-	vehicle driver training in that state. Nothing in this section ~~ENR. H. B. NO. 2183 Page 3~~
	162	+	vehicle driver training in that state. Nothing in this section
92	163		shall be construed to prohibit the Department from adminis tering the
93	164		skills test to any applicant who has successfully completed
94	165		commercial vehicle driver training in another state.
95		-
96	166		4. All applicants requiring a hazardous materials endorsement
97	167		shall be required, for the renewal of the endorsement, to
98	168		successfully complete the examination and to submit to a security
99	169		threat assessment performed by the Transportation Security
100	170		Administration of the Department of Homeland Security as required by
101	171		and pursuant to 49 C.F.R., Part 1572, which shall be used to
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102	199		determine whether the applicant is eligible for renewal of the
103	200		endorsement pursuant to federal la w and regulation.
104		-
105	201		5. The Department of Public Safety shall give the complete
106	202		examination as provided for in this section within thirty (30) days
107	203		from the date the applica tion is received, and the examination shall
108	204		be given at a location within one hundred (100) miles of the
109	205		residence of the applicant. The Department shall make every effort
110	206		to make the examination locations and times convenient for
111	207		applicants. The Departm ent shall consider giving the examination at
112	208		various school sites if the district boa rd of education for the
113	209		district in which the site is located agrees and if economically
114	210		feasible and practicable.
115		-
116	211		B. Any person holding a valid Oklahoma Class D license or
117	212		provisional driver license pursuant to Section 6 -212 of this title
118	213		and applying for a Class A, B or C commercial license shall be
119	214		required to successfully complete all examinations as required for
120	215		the specified class. Failure to submit to the Departmen t federally
121	216		required medical certification information pursuant to 49 C.F.R.,
122	217		Part 391.41 et seq. shall result in an automatic downgrade of a
123	218		commercial license to a Class D license. Provided, however, once
124	219		the required medical certification information h as been received by
125	220		the Department, the license shall be reinstated to the
126	221		classification of the commercial license prior to the downgrade and
127	222		the holder of such a license shall not be required to reapply.
128	223
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129	250		C. Except as provided in subsection E of Section 6-101 of this
130	251		title, any person holding a valid Oklahoma Class A, B or C
131	252		commercial license shall, upon time for renewal thereof, be entitled
132	253		to a Class D license without any type of testing or examination,
133	254		except for any endorsements thereon as otherwise provided for by
134	255		Section 6-110.1 of this title.
135		-	ENR. H. B. NO. 2183 Page 4
136	256		D. 1. Any certified driver education instructor who is
137	257		currently an operator or an employee of a commercial driver training
138	258		school in this state or any driver education instructor employed by
139	259		any school district in this state shall be eligible to apply to be a
140	260		designated examiner of the Depa rtment of Public Safety for the
141	261		purposes of administering the Class D driving skills portion of the
142	262		Oklahoma driving examination to any person who has not previously
143	263		been a student of the instructor.
144		-
145	264		2. The Department of Public Safety shall adopt a curric ulum of
146	265		required courses and training to be offered to applicants who are
147	266		qualified to apply to be a designated examiner. The courses and
148	267		training for certification shall meet the same standards as required
149	268		for driver examiners of the Department of Public Safety.
150		-
151	269		3. Each person applying to be a designated examiner shall be
152	270		required to pay an initial designated examiner certification fee of
153	271		One Thousand Dollars ($1,000.00) . Upon successful completion of
154	272		training prescribed by paragraph 2 of this subsectio n, the person
155	273		shall be required to pay an annual designated examiner certification
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156	301		fee of Five Hundred Dollars ($500.00). If an applicant for the
157	302		designated examiner prog ram is employed by an Oklahoma public school
158	303		system that offers driver education, and he or she administers the
159	304		skills test only to students enrolled in a public school driver
160	305		education program, the certification fee may be waived by the
161	306		Department. Each designated examiner certification shall expire on
162	307		the last day of the calendar year a nd may be renewed upon
163	308		application to the Department of Public Safety. The designated
164	309		examiner certification fees collected by the Department pursuant to
165	310		this subsection shall be deposited to the credit of the Department
166	311		of Public Safety Restricted Revolv ing Fund to be used for the
167	312		purposes of this subsection. No designated examiner certification
168	313		fee shall be refunded in the event that certification is denied,
169	314		suspended or revoked.
170		-
171	315		4. A designated examiner may charge a fee of no more than
172	316		Twenty-five Dollars ($25.00) for each Class D driving skills
173	317		examination given, whether the person being examined passes or fails
174	318		the examination.
175		-
176	319		5. The Department shall conduct an ann ual complete nationwide
177	320		criminal history background check on each designated examiner and a
178	321		complete nationwide criminal history background check on each
179		-	designated examiner applicant. The fees for the background check ~~ENR. H. B. NO. 2183 Page 5~~
	322	+	designated examiner applicant. The fees for the background check
180	323		shall be borne by the designated exa miner or designated examiner
181	324		applicant.
182	325
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183	352		6. The Department of Public Safety shall pro mulgate rules to
184	353		implement and administer the provisions of this subsection.
185		-
186	354		E. 1. Upon application and approval of the Commissioner of the
187	355		Department of Public Safety, any public or private commercial truck
188	356		driving school that has or maintains a program instructing students
189	357		for a Class A, B or C license , public transit agency or state,
190	358		county or municipal government agency in the State of Oklahoma shall
191	359		be authorized to hire or employ designated examiners approved by the
192	360		Department of Public Safety to be third-party examiners of the Class
193	361		A, B or C driving skills portion of the Oklahoma driving
194	362		examination. All designated examiners must successfully have
195	363		completed the courses and training as outlined in paragraph 2 of
196	364		this subsection. The Department of Public Safety shall be required
197	365		to approve at least one public transit agency that has or maintains
198	366		a program instructing students for a Class A, B or C license to hire
199	367		or employ third-party examiners pursuant to this section. It shall
200	368		be permissible for any public transit agency operating in the State
201	369		of Oklahoma to utilize the third -party examiners hired or employed
202	370		by a public transit agency approved by the Department.
203		-
204	371		2. The Department of Public Safety shall adopt a curriculum of
205	372		required courses and training to be offered to third -party
206	373		examiners. The courses and training for certification shall meet
207	374		the same standards as required for commercial driver examiners of
208	375		the Department of Public Safety.
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209	402
210	403		3. The Department shall conduct on an annual basis a complete
211	404		nationwide criminal history background check on each third -party
212	405		examiner and a complete nationwide criminal history background check
213	406		on each third-party examiner applicant. The fees for the background
214	407		check shall be borne by the third -party examiner or third-party
215	408		examiner applicant.
216		-
217	409		F. The Department of Public Safety shall promulgate rules no
218	410		later than December 15, 2019 2021, to:
219		-
220	411		1. Implement and administer the provisions of this section
221	412		based on requirements set forth in Section 383.75 of T itle 49 of the
222	413		Code of Federal Regulations;
223		-	ENR. H. B. NO. 2183 Page 6
224	414		2. Establish a process to inform any school or, public transit
225	415		agency, examiner, or state, county or municipal government agen cy,
226	416		who has been denied, within forty-five (45) days from the denial;
227		-
228	417		3. Create an appeal process for any school or, public transit
229	418		agency, examiner, or state, county or municipal government agency
230	419		denied; and
231		-
232	420		4. If the initial application for approval w as denied, limit
233	421		the number of times an individual school or, public transit agency ,
234	422		individual examiner applicant , or state, county or municipal
235	423		government agency may reapply in a calendar year to two
236	424		reapplications.
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238	452		SECTION 2. AMENDATORY 47 O.S. 2011, Section 6-110.1, as
239	453		amended by Section 1, Chapter 137, O.S.L. 2020 (47 O.S. Supp. 2020,
240	454		Section 6-110.1), is amended to read as follows:
241		-
242	455		Section 6-110.1 A. The following endorsements shall be placed
243	456		on an Oklahoma driver license t o any person qualifying therefore as
244	457		determined by the Department of Public Safety. Any person having an
245	458		original Class A, B, C or D Oklahoma driver license shall only be
246	459		required to take the supporting written endorsement testing which is
247	460		required to endorse the original Class A, B, C or D Oklahoma driver
248	461		license.
249		-
250	462		Endorsement Authorizes the operation of:
251		-
252	463		"H" A non-tank-type vehicle used to
253	464		transport hazardous materials in
254	465		placardable amounts pursuant to 49
255	466		C.F.R., Part 172, subpart F;
256		-
257	467		"M" A motorcycle;
258		-
259	468		"N" A tank vehicle as defined in Section
260	469		1-173.1 of this title;
261		-
262	470		"P" A vehicle designed by the
263	471		manufacturer to transport sixteen or
264	472		more passengers, including the
265	473		driver;
	474	+	"S" A school bus;
266	475
267		-	"S" A school bus;
268		-	ENR. H. B. NO. 2183 Page 7
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269	502		"T" A vehicle with double or triple
270	503		trailers;
271		-
272	504		"X" A tank vehicle used to transport
273	505		hazardous materials in placardable
274	506		amounts pursuant to 49 C.F.R., Part
275	507		172, subpart F.
276		-
277	508		B. The Department may also provide for additional endorsements
278	509		as may be needed or as otherwise provided for by law.
279		-
280	510		C. No person shall ope rate a motor vehicle requiring
281	511		endorsements as provided for in this section without h aving a valid
282	512		Class A, B, C or D license with the required endorsements.
283		-
284	513		D. All endorsements as provided for in this section must be
285	514		obtained prior to the operation of su ch vehicles. However, the
286	515		requirement for a hazardous materials endorsement is not r equired
287	516		for the operation of farm vehicles used to transport pesticides,
288	517		fertilizers, or other products integral to farming, but which are
289	518		defined as hazardous materials. If, after obtaining a hazardous
290	519		material endorsement, a person becomes ineligible fo r the hazardous
291	520		material endorsement pursuant to state or federal law, or both, or
292	521		any regulation, the Department of Public Safety shall provide notice
293	522		as provided in Section 2-116 of this title. A person will have
294	523		thirty (30) days from the date of the no tice to appear at a
295	524		designated testing facility to apply and be issued a commercial
296	525		driver license without the endorsement. Failure to comply within
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297	553		the required time sha ll be grounds for the Department of Public
298	554		Safety to disqualify the commercial driver license of the person
299	555		until compliance has been met.
300		-
301	556		SECTION 3. This act shall become effective November 1, 2021.
302		-	ENR. H. B. NO. 2183 Page 8
303		-	Passed the House of Repre sentatives the 2nd day of March, 2021.
304		-
305		-
306		-
307		-
308		-	Presiding Officer of the House
309		-	of Representatives
310		-
311		-
312		-	Passed the Senate the 15th day of April, 2021.
313		-
314		-
315		-
316		-
317		-	Presiding Officer of the Senate
318		-
319		-
320		-
321		-	OFFICE OF THE GOVERNOR
322		-	Received by the Office of the Governor this __ __________________
323		-	day of ___________________, 20_______, at _______ o'clock _______ M.
324		-	By: _________________________________
325		-	Approved by the Governor of the State of Oklahoma this _________
326		-	day of ___________________, 20_______, at _______ o'clock _______ M.
327		-
328		-
329		-	_________________________________
330		-	Governor of the State of Oklahoma
331		-
332		-	OFFICE OF THE SECRETARY OF STATE
333		-	Received by the Office of the Secretary of State this __________
334		-	day of ___________________, 20_______, at _______ o'clock _______ M.
335		-	By: _________________________________
336		-
	557	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLI C SAFETY
	558	+	March 29, 2021 - DO PASS