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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3421 By: Kerbs
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 6-101, which relates to driver
licenses; providing certain payments for motor
license agents; providing an effective date;
declaring an emergency; and providing for certain
contingent effect.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHO MA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 6 -101, is
amended to read as follows:
Section 6-101. A. No person, except those hereinafter
expressly exempted in Sections 6 -102 and 6-102.1 of this title,
shall operate any motor vehicle upon a highway in this state un less
the person has a valid Oklahoma driver license for the class of
vehicle being operated under the provisions of this title. No
person shall be permitted to possess more tha n one valid license at
any time, except as provided in paragraph 4 of subsectio n F of this
section.
B. 1. No person shall operate a Class A commercial motor
vehicle unless the person is eighteen (18) years of age or older and
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holds a valid Class A commer cial license, except as provided in
paragraph 5 of this subsection and subsecti on F of this section.
Any person holding a valid Class A commercial license shall be
permitted to operate motor vehicles in Classes A, B, C and D, except
as provided for in par agraph 4 of this subsection.
2. No person shall operate a Class B commercial m otor vehicle
unless the person is eighteen (18) years of age or older and holds a
valid Class B commercial license, except as provided in paragraph 5
of subsection F of this sec tion. Any person holding a valid Class B
commercial license shall be permitted to operate motor vehicles in
Classes B, C and D, except as provided for in paragra ph 4 of this
subsection.
3. No person shall operate a Class C commercial motor vehicle
unless the person is eighteen (18) years of age or older and holds a
valid Class C commercial license, except as provided in subsection F
of this section. Any person h olding a valid Class C commercial
license shall be permitted to operate motor vehicles in Clas ses C
and D, except as provided for in paragraph 4 of this subsection.
4. No person under twenty-one (21) years of age shall be
licensed to operate any motor veh icle which is required to be
placarded for hazardous materials pursuant to 49 C.F.R., Part 172 ,
subpart F, except as provided in subsection F of this section;
provided, a person eighteen (18) years of age or older may be
licensed to operate a farm vehicle which is required to be placarded
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for hazardous materials pursuant to 49 C.F.R., Part 172, sub part F,
except as provided in subsection F of this section.
5. A person at least seventeen (17) years of age who
successfully completes all examinations required by law may be
issued by the Department:
a. a restricted Class A commercial license which shal l
grant to the licensee the privilege to operate a Class
A or Class B commercia l motor vehicle for harvest
purposes or a Class D motor vehicle, or
b. a restricted Class B commercial license which shall
grant to the licensee the privilege to operate a Class
B commercial motor vehicle for harvest purposes or a
Class D motor vehicle.
6. No person shall operate a Class D motor vehicle unless the
person is sixteen (16) years of age or older and holds a valid Class
D license, except as provided for in Section 6 -102 or 6-105 of this
title. Any person holding a valid Class D license shall b e
permitted to operate motor vehicles in Class D only.
C. Any person issued a driv er license pursuant to this section
may exercise the privilege thereby granted upon all street s and
highways in this state.
D. No person shall operate a motorcycle or motor -driven cycle
without having a valid Class A, B, C or D license with a motorcycle
endorsement. Except as otherwise provided by law, any new applicant
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for an original driver lic ense shall be required to successfully
complete a written examination, vision e xamination and driving
examination for a motorcycle as prescribed by the Department of
Public Safety, and a certified state-approved motorcycle basic rider
course approved by t he Department if the applicant is seventeen (17)
years of age or younger to be eligible for a motorcycle endorsement
thereon. The written examination and driving examination for a
motorcycle shall be waived by the Department of Public Safety upon
verification that the person has successfully completed a certified
Motorcycle Safety Foundation rider course approved by the
Department.
E. Except as otherwise provided by law, any person who lawfully
possesses a valid Oklahoma driver license which is eligible f or
renewal shall be required to successfully complete a written
examination, vision examination and driving examination for a
motorcycle as prescribed by the Depar tment, and a certified state-
approved motorcycle basic rider course approved by the Departme nt if
the person is seventeen (17) years of age or younger to be eligible
for a motorcycle endorsement. The written examination and driving
examination for a motor cycle shall be waived by the Department of
Public Safety upon verification that the person h as successfully
completed a certified Motorcycle Safety Foundation rider course
approved by the Department.
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F. 1. Any person eighteen (18) years of age or older m ay apply
for a restricted Class A, B or C commercial learner permit. The
Department, after the applicant has passed all parts of the
examination for a Class D license an d has successfully passed all
parts of the examination for a Class A, B or C commercia l license
other than the driving examination, may issue to the applicant a
commercial learner permit which shall entitle the person having
immediate lawful possession of the commercial learner permit and a
valid Oklahoma driver license or provisional drive r license pursuant
to Section 6-212 of this title to operate a Class A, B or C
commercial motor vehicle upon the public highways solely for the
purpose of behind-the-wheel training in accordance with rules
promulgated by the Department.
2. This commercial learner permit shall be issued for a period
as provided in Section 6 -115 of this title of o ne hundred eighty
(180) days, which may be renewed one time for an additional one
hundred eighty (180) days; provided, such commercial learner permit
may be suspended, revoked, canceled, denied or disqualified at the
discretion of the Department for violat ion of the restrictions, for
failing to give the required or correct informat ion on the
application or for violation of any traffic laws of this state
pertaining to the operation of a motor vehicle. Except as otherwise
provided, the lawful possessor of a commercial learner permit who
has been issued a commercial learner permit fo r a minimum of
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fourteen (14) days may have the restriction requiring an
accompanying driver removed by satisfactorily completing a driver's
examination; provided, the removal of a restriction shall not
authorize the operation of a Class A, B or C commercia l motor
vehicle if such operation is otherwise prohibited by law.
3. No person shall ap ply for and the Department shall not issue
an original Class A, B or C driver license until the person has been
issued a commercial learner permit and held the permit for at least
fourteen (14) days. Any person who currently holds a Class B or C
license and who wishes to apply for another class of commercial
driver license shall be required to apply for a commercial learner
permit and to hold the permit for at least fo urteen (14) days before
applying for the Class A or B license, as applicable. Any person
who currently holds a Class A, B or C license and who wishes to add
an endorsement or remo ve a restriction for which a skills
examination is required shall be require d to apply for a commer cial
learner permit and to hold the permit for at least fourteen ( 14)
days before applying for the endorsement.
4. A commercial learner permit shall be issu ed by the
Department as a separate and unique document which shall be valid
only in conjunction wit h a valid Oklahoma driver license or
provisional driver license pu rsuant to Section 6-212 of this title,
both of which shall be in the possession of the pers on to whom they
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have been issued whenever that person is operating a commer cial
motor vehicle as provided in this subsection.
5. After one renewal of a commercial l earner permit, as
provided in paragraph 2 of this subsection, a commercial permit
shall not be renewed again. Any person who has held a commercial
learner permit for the initial issuance period and one renewal
period shall not be eligible for and the Depa rtment shall not issue
another renewal of the permit; provided, the person may reapply for
a new commercial learner permit, as provided for in this subsection.
G. 1. For purposes of this title:
a. "REAL ID Compliant Driver License" or "Identification
Card" means a driver license or identification card
issued by the State of Oklahoma that has b een
certified by the United States Department of Homeland
Security (USDHS) as compliant with the requirements of
the REAL ID Act of 2005, Public Law No. 109 -13. A
REAL ID Compliant Driver License or Identification
Card and the process through which it is issued
incorporate a variety of security measures designed to
protect the integrity and trustworthiness of the
license or card. A REAL ID Compliant Driver License
or Identification Card will be clearly marked on the
face indicating that it is a compliant document, and
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b. "REAL ID Noncompliant Driver License " or
"Identification Card" means a driver license or
identification card issued by the State of Oklahoma
that has not been certified by the United States
Department of Homeland Security (USDHS) as being
compliant with the requirements of the REAL ID Act. A
REAL ID Noncompliant Driver License or Identification
Card will be clearly marked on the face indicating
that it is not compliant with the federal REAL ID Act
and is not acceptable for official federal purposes.
The driver license or identification card will have a
unique design or color indicator that clearly
distinguishes it from a compliant license or card.
2. Original Driver License and Identification Card Issuance:
a. Application for an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identific ation Card
shall be made to the Department of Public Safety.
b. Department of Public Safety em ployees shall perform
all document recognition and other requirements neede d
for approval of an original REAL ID Compli ant or REAL
ID Noncompliant Driver License or Identification Card
application.
c. Upon approval of an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
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application, the appl icant may take the approved
application document to a motor license agent to
receive a temporary driver license or identification
card.
d. The motor license agent shall pro cess the approved
REAL ID Compliant or REAL ID Noncompliant Driver
License or Identification Card application and upon
payment shall provide the applicant a temporary driver
license or identification card. A temporary driver
license or identification card shall afford the holder
the privileges otherwise granted by the specific class
of driver license or identification card for the
period of time listed on the temporary driver license
or identification card or the period of time prior to
the applicant receiving a REAL ID Compliant or REAL ID
Noncompliant Driver License or Identification Ca rd,
whichever time period is shorter.
3. REAL ID Compliant Driver Licens e and Identification Card
Renewal and Replacement:
a. Application for renewal or replacement of a R EAL ID
Compliant Driver License or Identification Card may be
made to the Department of Public Safety or to a motor
license agent; provided, such motor license agent is
authorized to process application for REAL ID
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Compliant Driver Licenses and Identificat ion Cards. A
motor license agent may process the voluntary
downgrade of a REAL ID Co mpliant Commercial Driver
License to any lower class license upon request of the
licensee; provided, no additional endorsements or
restrictions are placed on the license.
b. Department of Public Safety employees or authorized
motor license agents shall per form all document
recognition and other req uirements needed for approval
of a renewal or replacement REAL ID Compliant Driver
License or Identification Card application.
c. Upon approval of a renewal or replacement REAL ID
Compliant Driver License or Ident ification Card
application, the applicant m ay receive a temporary
driver license or identification card from the
Department of Public Safety or an authorized motor
license agent.
d. A temporary driver license or identification card
acquired under the provi sions of this paragraph shall
afford the holder the privileges otherwise granted by
the specific class of driver license or identification
card being renewed or replaced f or the period of time
listed on the temporary driver license or
identification card o r the period of time prior to the
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applicant receiving a REAL ID Compliant Driver License
or Identification Card, whichever time period is
shorter.
e. For purposes of this title, an application for a REAL
ID Compliant Driver License or Identification Card by
an individual with a valid Oklahoma -issued driver
license or identifica tion card shall be considered a
renewal of a REAL ID Compliant Driver License or
Identification Card.
4. REAL ID Noncompliant Driver License and Identification Card
Renewal and Replacement:
a. Application for renewal or repla cement of a REAL ID
Noncompliant Driver License or Identification Card may
be made to the Department of Public Safety or to a
motor license agent. A motor license agent may
process the voluntary downgrade of a REAL ID
Noncompliant Commercial Driver Licens e to any lower
class license upon request of the licensee; provided,
no additional endorsements or restrictions are added
to the license.
b. Department of Public Safety employees or motor license
agents shall perform all document recognition and
other requirements needed for approval o f a renewal or
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replacement REAL ID Noncompliant Driver License or
Identification Card application.
c. Upon approval of a renewal or replacement REAL ID
Noncompliant Driver Licen se or Identification Card
application, the applic ant may receive a temporary
driver license or identification card from the
Department of Public Safety or a motor license agent.
d. A temporary driver license or identification card
acquired under the provis ions of this paragraph shall
afford the holder th e privileges otherwise grante d by
the specific class of driver license or identification
card being renewed or replaced for the period of time
listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Noncompliant Dr iver
License or Identification Card, whichever time period
is shorter.
H. 1. The fee charged for an approved application for an
original Oklahoma REAL ID Compliant or REAL ID N oncompliant Driver
License or an approved applica tion for the addition of an
endorsement to a current valid Oklahoma REAL ID Compliant or REAL ID
Noncompliant Driver License sha ll be assessed in accordance with the
following schedule:
Class A Commercial Learner Permit $25.00
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Class A Commercial License $25.00
Class B Commercial L earner Permit $15.00
Class B Commercial License $15.00
Class C Commercial Learner Permit $15.00
Class C Commercial License $15.00
Class D License $ 4.00
Motorcycle Endorsement $ 4.00
2. Notwithstanding the provisions of Section 11 04 of this
title, all monies collected from the fees charged for Class A, B and
C commercial licenses pursuant to the provisions of this subsection
shall be deposited in the General Revenue Fun d of this state.
I. The fee charged for any failed examination shall be Four
Dollars ($4.00) for any license classification. Notwithstanding the
provisions of Section 1104 of this title, al l monies collected from
such examination fees pursuant to the pro visions of this subsection
shall be deposited in the General Re venue Fund of this state.
J. In addition to any fee charged pursuant to the provisions of
subsection H of this section, the fee charged for the issuance or
renewal of a REAL ID Noncompliant Dr iver License shall be in
accordance with the following schedule ; provided, that any applicant
who has a CDL Learner Permit shall be charged only the replacement
fee for the issuance of the li cense:
License Class 4-year 8-year
Class A Commercial Learner Permit $56.50 $113.00
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Class A Commercial License $56.50 $113.00
Class B Commercial Learner Permit $56.50 $113.00
Class B Commercial Licens e $56.50 $113.00
Class C Commercial Learner Per mit $46.50 $93.00
Class C Commercial License $46.50 $93.00
Class D License $38.50 $77.00
K. In addition to any fee charged pursuant to the provisions of
subsection H of this section, the fee charged for the i ssuance or
renewal of a REAL ID Compliant Driver License shall be in accordance
with the following schedule; provided, that any applicant who has a
CDL Learner Permit shall be cha rged only the replacement fee for the
issuance of the license:
License Class 4-year 8-year
REAL ID Compliant Class A
Commercial Learner Permit $56.50 $113.00
REAL ID Compliant Class A
Commercial License $56.50 $113.00
REAL ID Compliant Class B
Commercial Learner Permit $56.50 $113.00
REAL ID Compliant Class B
Commercial License $56.50 $113.00
REAL ID Compliant Class C
Commercial Leaner Permit $46.50 $93.00
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REAL ID Compliant Class C
Commercial License $46.50 $93.00
REAL ID Compliant Class D
License $38.50 $77.00
L. A commercial learner permit may be renewed one time for a
period of one hundred eighty (180) days. The cost for the renewed
permit shall be the same as for the origin al permit.
M. Notwithstanding the provisions of Section 1104 of this
title, of each fee charged pursuant to the provisions of subsections
J, K and L of this section:
1. Five Dollars and fifty cents ($5.50) of a 4-year license or
Eleven Dollars ($11.00) o f an 8-year license shall be deposited to
the Trauma Care Assistance Revolving Fund created in Section 1-
2530.9 of Title 63 of the Oklahoma Statutes ;
2. Six Dollars and seventy-five cents ($6.75) of a 4-year
license or Thirteen Dollars and fifty cents ($1 3.50) of an 8-year
license shall be deposited to the Dep artment of Public Safety
Computer Imaging System Revolving Fund to be used solely for the
purpose of administration and maintenance of the computerized
imaging system of the Department;
3. Ten Dollars ($10.00) of a 4-year license or Twenty Dollars
($20.00) of an 8-year license shall be deposited to the Department
of Public Safety Revolving Fun d for all original or renewal
issuances of licenses; and
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4. Five Dollars ($5.00) of a 4-year license or Six Dollars
($6.00) of an 8-year license shall be deposited to the State Public
Safety Fund created in Section 2 -147 of this title.
N. All original and renewal driver licenses shall expire as
provided in Section 6 -115 of this title.
O. Any person sixty-two (62) years of age or older during the
calendar year of issuance or renewal of a Class D license or
motorcycle endorsement shall be charged the follo wing prorated fee:
4-year 8-year
Age 62 $21.25 $42.50
Age 63 $17.50 $35.00
Age 64 $13.75 $27.50
Age 65 -0-
P. No person who has been honorably discharged from act ive
service in any branch of the Armed Forces of the United States or
Oklahoma National Guard and who has been certified by the United
States Department of Veterans Aff airs, its successor or the Armed
Forces of the United States to be a disabled veteran i n receipt of
compensation at the one-hundred-percent rate for a permanent
disability sustained through military action or accident resulting
from disease contracted whil e in such active service and registered
with the veterans registry created by the Oklah oma Department of
Veterans Affairs shall be charged a fee for the issuance,
replacement or renewal of an Oklahoma driver license; provided, that
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if a veteran has been pr eviously exempt from a fee pursuant to this
subsection, no registration with the vetera ns registry shall be
required.
Q. In accordance with the provisions of subsection G of this
section, the Department of Public Safety and the Oklahoma Tax
Commission are authorized to promulgate rules for the issuance and
renewal of driver licenses authori zed pursuant to the provisions of
Sections 6-101 through 6-309 of this title; provided, that no such
rules applicable to the issuance or renewal of REAL ID Noncompliant
Driver Licenses shall create more stringent standards than such
rules applicable as of January 1, 2017, unless directly related to a
specific change in statutory law concerni ng standards for REAL ID
Noncompliant Driver Licenses. Applications, upon forms a pproved by
the Department of Public Safety, for such licenses shall be handled,
in accordance with the provisions of subsection G of this section,
by the motor license agents ; provided, the Department of Public
Safety is authorized to assume these duties i n any county of this
state. Each motor license agent accepting applications for driver
licenses shall receive Six Dollars ($6.00) for a 4-year REAL ID
Noncompliant Driver L icense or Twelve Dollars ($12.00) for an 8-year
REAL ID Noncompliant Dr iver License or Ten Dollars ($10.00) for a 4 -
year REAL ID Compliant Driver Lic ense or Twenty Dollars ($20.00) for
an 8-year REAL ID Compliant Driver License to be deducted from the
total collected for each license or renewal application accepted .
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Upon the effective d ate of this act, through May 31, 2023, each
motor license agent accepting driver license applications for one-
hundred-percent disabled veterans and for individuals sixty-five
(65) years of age or older shall receive Six Dollars ($6.00) for a
4-year driver license or Twelve Dollars ($12.00) for an 8-year
driver license to be deducted from the daily motor license agent
receipts. The fees received by the motor license agent, authorized
by this subsection, shall be used for operating expenses.
R. Notwithstanding the provisions of Section 1104 of this title
and subsection Q of this section and except as provided in
subsections H and M of this section, the first Sixt y Thousand
Dollars ($60,000.00) of all monies collected pursuant to this
section shall be paid by the Oklahoma Tax Commission to the State
Treasurer to be deposited in the General Revenue Fund of the State
Treasury.
The next Five Hundre d Thousand Dollars ( $500,000.00) of monies
collected pursuant to this section shall be paid by the Tax
Commission to the State Treasurer to be deposited each fiscal year
under the provisions of this section to the credit of the Department
of Public Safety Restricted Revolving Fund for the purpose of t he
Statewide Law Enforcement Communications System. All other monies
collected in excess of Five Hundred Sixty Thousand Dollars
($560,000.00) each fiscal year shall be apportioned as provided in
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Section 1104 of this title, except as otherwise provided in this
section.
S. The Department of Public Safety shall retain the images
displayed on licenses a nd identification cards issued pur suant to
the provisions of Sections 6-101 through 6-309 of this title which
may be used only:
1. By a law enforcement agency for purposes of criminal
investigations, missing person invest igations or any law enforcement
purpose which is deemed necessary b y the Commissioner of Public
Safety;
2. By the driver licensing agency of anot her state for its
official purpose; and
3. As provided in Section 2-110 of this title.
All agencies approved by the Oklahoma Law Enforcement
Telecommunications System (OLETS ) or the National Law Enforcement
Telecommunications System (NLETS) to receive pho tographs or
computerized images may obtain the m through OLETS or through NLETS.
Photographs or computerized i mages may be obtained by law
enforcement one inquiry at a time.
The computer system and related equipment acquired for this
purpose must conform t o industry standards for interoperability and
open architecture. The Department of Public Safety may promulga te
rules to implement the provisio ns of this subsection.
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T. No person may hold more than one state-issued or territory-
issued REAL ID Compliant Driver License or REA L ID Compliant
Identification Card from Oklahoma or any other state or territory.
The Department shall not issue a REAL ID Compliant Driver License to
a person who has been previously issued a REAL ID Compliant Driver
License or REAL ID Compliant Identifi cation Card until such lic ense
or identification card has been surrendered to the Departme nt by the
applicant. The Departme nt may promulgate rules rela ted to the
issuance of replacement REAL ID Compliant Driver Licenses in the
event of loss or theft.
U. Upon the effective date of this act and ending on April 30,
2023, in addition to the amoun ts provided in subsection Q of thi s
section, a motor license agent shall receive Five Dollars ($5.00)
for each processed application for a REAL ID Compliant 4-year Driver
License and Ten Dollars ($10.00) for each processed application for
a REAL ID Compliant 8-year Driver License. Any add itional amounts
provided pursuant to this subsection shall not be retained by the
Department of Public Safety.
SECTION 2. This act shall become effective July 1, 2022.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
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SECTION 4. The provisions of this act shall be co ntingent upon
the enactment of the provisions of House Bill No. ____ of the 2nd
Session of the 58th Oklahoma Legislature and shall not become
operative as law otherwi se.
58-2-8650 JBH 01/19/22