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SENATE FLOOR VERSION
April 6, 2022
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 3421 By: Kerbs and Hill of the House
and
Hall of the Senate
[ 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
through December 31, 2022 . Beginning January 1, 2023,
application for an original R EAL ID Compliant Driver
License or Identification Card may be made to Service
Oklahoma or a licensed operator provided such licensed
operator is authorized to proces s application for REAL
ID Compliant Driver Li censes and Identification Cards.
Application for a REAL ID Noncompliant Driver License
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or Identification Card shall be made to Service
Oklahoma.
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 through December 31, 2022. Beginning
January 1, 2023, Service Oklahoma employees or
authorized licensed operators shall perform all
document recognition and other requirements neede d for
approval of an original REAL ID Compliant Driver
License or Identification Card application. Service
Oklahoma employees shall perform all document
recognition and other requirements needed for approval
of a 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
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
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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
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.
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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
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
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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
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.
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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 Per mit $25.00
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
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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 subsect ion
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 i n
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
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
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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 ha s 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
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 re newed 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.
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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) of 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 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 Department 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 Fund for all original or ren ewal
issuances of licenses; and
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.
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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 di scharged from active
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 di sabled veteran in 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 crea ted by the Oklahoma Department of
Veterans Affairs shall be charged a fee for the issuance,
replacement or renewal of an Oklahoma driv er license; provided, that
if a veteran has been previously exempt from a fee pursuant to this
subsection, no registration with the veterans 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
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Commission are authorized to promulgate rules for the issuance and
renewal of driver licenses authorized 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 applica tions 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.
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
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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 subsection, “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 Oklahoma.
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 Sixty Thousand
Dollars ($60,000.00) of all monies collected pursuant to th is
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 pai d 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 Departme nt
of Public Safety Restricted Revolving Fund for the purpose of the
Statewide Law Enforcement Communications System. All other monies
collected in excess of Five Hundred Sixty Thousand Dollars
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($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 S afety 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, missing 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.
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 Safety may promulgate
rules to implement the pr ovisions 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 REAL ID Compliant
Identification Card from Oklahoma or any other state or territory.
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 Identification Card until such license
or identification card has been surrende red 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 app lication 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 Departme nt 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 thi s act shall take effec t and
be in full force from and after its pass age 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. 3419 or Senate
Bill No. 1605 of the 2nd Session of the 58th Ok lahoma Legislature
and shall not become operat ive as law otherwise.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
April 6, 2022 - DO PASS AS AMENDED