Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB3421 Comm Sub / Bill

Filed 03/29/2022

                     
 
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STATE OF OKLAHOMA 
 
2nd Session of the 58th Legislature (2022) 
 
COMMITTEE SUBSTITUTE 
FOR ENGROSSED 
HOUSE BILL 3421 	By: Kerbs and Hill of the House 
 
  and 
 
  Hall of the Senate 
 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
[ motor vehicles - driver licenses - motor license 
agents - effective date –  
 	emergency - contingent effect ] 
 
 
 
 
 
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA: 
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 unless 
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 subsec tion F of this 
section.   
 
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B.  1.  No person shall operate a Class A commercial motor 
vehicle unless the person is eighteen (18) years of age or older and 
holds a valid Class A commer cial license, except as provided in 
paragraph 5 of this subsection and subse ction 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 commercia l motor 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 permit ted 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;   
 
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provided, a person eighteen (18) years of age or older may be 
licensed to operate a farm vehicle which is required to be placarded 
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 commercial 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 shal l be 
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.   
 
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D.  No person shall operate a motorcycle or mo tor-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 
for an original driver lic ense shall be required to successfully 
complete a written examination, visio n examination 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 b e 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   
 
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completed a certified Motorcycle Safety Foundation rider cours e 
approved by the Department. 
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   
 
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provided, the lawful possessor of a commercial learner permit who 
has been issued a commercial learner permit fo r a minimum of 
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 commercial 
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 with a valid Oklahoma driver license or 
provisional driver license pu rsuant to Section 6-212 of this title,   
 
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both of which shall be in the possession of the pers on to whom they 
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 empl oyees 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 process 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 License and Identification Card 
Renewal and Replacement: 
a. Application for renewal or replacement of a REAL 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 Identification 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 for 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 identification 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 of 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 granted 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 Driver 
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 shall 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 Learner 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, all 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 license: 
License Class 	4-year 8-year 
Class A Commercial Learne r 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 License 	$56.50 $113.00 
Class C Commercial Learner Permit $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 issuance 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 Learner 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 renewe d one time for a 
period of one hundred eighty (180) days.  The cost for the renewed 
permit shall be the same as for the original perm it. 
M.  Notwithstanding the provisions of Section 1104 of this 
title, of each fee charged purs uant to the provisions of sub sections 
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) of an 8 -year license shall be deposited to 
the Trauma Care Assistance Revolving Fund created in Sectio n 1-
2530.9 of Title 63 of the Oklahoma Statutes; 
2.  Six Dollars and s eventy-five cents ($6.75) of a 4-year 
license or Thirteen Dollars and f ifty cents ($13.50) o f an 8-year 
license shall be deposited to the Dep artment of Public Safety 
Computer Imaging Sys tem 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 Fund for all original or ren ewal 
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 Sec tion 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 following 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 certif ied by the United 
States Department of Veterans Affairs, 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 while in such active service and registered 
with the veterans registry created by the Oklah oma Department of 
Veterans Affairs shall be ch arged a fee for the issuance, 
replacement or renewal of an Oklahoma driv er license; provided, that   
 
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if a veteran has been previously 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 o f 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 concerning standards for REAL ID 
Noncompliant Driver Licenses.  Applications, upon forms approved 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 P ublic 
Safety is authorized to assume these duties in 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 License or Twelve Dollars ($12.00) for an 8-year 
REAL ID Noncompliant Driver 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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Beginning July 1, 2022, and ending on May 31, 2023, each motor 
license agent or licensed operator accepting applications for driver 
licenses for individuals over the age of sixty -five (65) years or 
for applications for drivers pursuant to subsection P of this 
section 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 daily by the motor license agent or licensed operator 
receipts. The amount retained pursuant to this subsection shall not 
be retained by any state agency. The fees received by the motor 
license agent, authorized by this subsection, shall be used for 
operating expenses. For purposes of this s ubsection, "licensed 
operator" shall mean an individual who obtains a license from the 
Service Oklahoma Operator Board to operate a designated Service 
Oklahoma location and offers third -party fulfillment of designated 
services to be rendered by Service Okl ahoma. 
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   
 
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Commission to the State Treasurer to be deposited each fiscal year 
under the provisions of this section to the credit of the Departme nt 
of Public Safety Restricted Revolving Fund for the purpose of the 
Statewide Law Enforcement Communications Syst em.  All other monies 
collected in excess of Five Hundred Sixty Thousand Dollars 
($560,000.00) each fiscal year shall be apportioned as provid ed in 
Section 1104 of this title, except as otherwise provided in this 
section. 
S.  The Department of Public Safet y shall retain the images 
displayed on licenses and identification cards issued pursuant 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, missin g person investigations or any law enforcement 
purpose which is deemed necessary by the Commissioner of Public 
Safety; 
2.  By the driver lice nsing agency of another state for its 
official purpose; and 
3. As provided in Section 2-110 of this title. 
All agencies approved by the Oklahoma Law Enforcem ent 
Telecommunications System (OLETS) or the National Law Enforcement 
Telecommunications System (N LETS) to receive photographs or 
computerized images may obtain them through OLETS or through NLETS.    
 
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Photographs or computerized images may be obtained by law 
enforcement one inquiry at a time. 
The computer system and related equipment acquired for this 
purpose must conform to industry standards for interoperability and 
open architecture.  The Department of Public Safe ty may promulgate 
rules to implement the pr ovisions of this subsection. 
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 terr itory.  
The Department shall not issue a RE AL ID Compliant Driver License to 
a person who has been previously issued a REAL ID Compliant Driv er 
License or REAL ID Compliant Identifi cation Card until such license 
or identification card has been surrendered to the Department by the 
applicant.  The Department may promulgate rules related to the 
issuance of replacement REAL ID Compliant Driver Lice nses in the 
event of loss or theft. 
U.  Upon the effective date of this act Beginning May 24, 2021, 
and ending on April 30, 2023, in addition to the amounts p rovided in 
subsection Q of this section, a motor license agent shall receive 
Five Dollars ($5.00) for each processed appli cation 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 additional amounts provided pursuant to this subsection shall 
not be retained by the Department of Public Safety.   
 
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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 thi s act shall take effect and 
be in full force from and after its passage and approval. 
SECTION 4.  The provisions of this act shall be co ntingent upon 
the enactment of the provisions of House Bill No. 3419 or Senate 
Bill No. 1605 of the 2nd Session of the 58th Okla homa Legislature 
and shall not become operative as law otherwi se. 
 
58-2-3753 QD 3/29/2022 2:40:17 PM