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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1451 By: Burns
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2021, Sections 6-115, 6-120, and 7-324, which relate
to driver license and motor vehi cle liability
insurance requirements; requiring certain proof of
coverage to apply for o r renew a driver license;
providing enforcement for certain driver license
requirements; requiring promulgation of rules;
modifying definition; defining term; making language
gender-neutral; creating a non-owner insurance
policy; establishing requirements for certain
policies; establishing requirements for a non-owner’s
security verification form ; establishing provisions
for the approval of certain security verification
forms; requiring certain coverage for obtaining or
renewing a driver license; requ iring certain security
verification forms be carried by a covered person;
requiring certain forms be provided for i nspection
upon request by certain persons; updating statutory
language; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 6-115, is
amended to read as follows:
Section 6-115. A. Except as otherwise provided in this
section, every drive r license shall be issued for a peri od of either
four (4) years or eight (8) years; provided, if the applicant or
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licensee is an alien, the license shall be issued for a period which
does not exceed the lesser of:
1. Four (4) years or eight (8) years; or
2. The expiration date on the valid documentation author izing
the presence of the applicant or licensee in the United States, as
required by paragraph 9 of subsection A of Section 6-103 of this
title.
B. Except as otherwise provided in this section, the expiration
date of an initial licens e shall be no more th an either four (4)
years or eight (8) years from the last day of the month of iss uance
or no more than either four (4) years or eight (8) years from the
last day of the birth month of the applicant i mmediately preceding
the date of issuance, if requested b y the applicant.
C. Except as otherwise provided in this section, the expiratio n
date of a renewal license shall be:
1. For a renewal during the month of expiration, either four
(4) years or eight (8) years from the last day of the m onth of
expiration of the expiring license or either four (4) or eight (8)
years from the last day o f the birth month of the licensee
immediately preceding the expiration date of the expiring license,
if requested by the licensee; or
2. For a renewal prio r to the month of exp iration, as provided
by rule of the Department, either four (4) or eight (8) years from
the last day of the month of expiration of the current license;
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provided, no license shall be issued with an ex piration date of more
than five (5) years from the date o f renewal on a four (4) year
license or nine (9) years from the date of renewa l on an eight (8)
year license.
D. Notwithstanding the provisions of subsection E of Section
1550.42 of Title 21 of the Oklahoma Statutes, any Oklahoma driv er
license that is not more than one (1) year past the date of
expiration provided on the driver l icense shall be presumed to be a
valid form of identification for the purposes of renewing an
Oklahoma driver license.
E. Except as otherwise provided in thi s section, every driv er
license shall be renewable by the licensee upon application to
either the Department of Public Safety or a motor license agent,
furnishing the current mailing address of the person and payment of
the required fee, if the perso n is otherwise eligible for renewal.
If the licensee is an alien, the licensee s hall appear before a
driver license examiner of the Department and shall be issued a
renewal driver license for a period which does not exceed th e lesser
of:
1. Four (4) years or eight (8) years; or
2. The expiration date on the valid documentation authorizing
the presence of the applicant or licensee in the Uni ted States, as
required by paragraph 9 of subsection A of Section 6-103 of this
title.
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F. All applicants for renewals of driver licenses who have
proven collision records or apparent physical defects may be
required to take an examination as specified by the Commissioner of
Public Safety.
G. When a person makes application for a driver li cense, or
makes application to renew a driver license, and the pers on has been
convicted of, or received a deferred judgment for, any offense
required to register pursuan t to the Sex Offenders Registration Act,
the driver license shall be valid for a perio d of one (1) year from
the month of issuance, but may be renewed ye arly during the time the
person is registered on the Sex Offen der Registry. Notwithstanding
any other provision of law, the cost for such license shall be the
same as for other driver lice nses and renewals.
H. Upon an application for a driver license or a renewal of a
driver license, proof of coverage under a motor vehicle liability
policy as defined pursuant to Section 7-324 of this title shall be
submitted with such application .
H. I. The Department of Public Safety sha ll promulgate rules
prescribing forms of identification acceptable fo r the renewal of an
Oklahoma driver license.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 6-120, is
amended to read as follows:
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Section 6-120. A. The Department of Public Safety is hereby
authorized to cancel, deny, or disqualify the driver license,
driving privilege or application of any indivi dual who:
1. Fails to comply with any of the requirements of S ection 6-
119 of this title within thirty (30) days after being notified by
the Department;
2. Is unable to demonstrate the ability to operate a motor
vehicle as provided by this title or whose driving constitutes a
danger to the welfare and safety of pers ons using the streets and
highways of the State of Oklahoma this state; or
3. Fails to pass an examination pursuant to Sections 6 -110, 6-
115 or 6-119 of this title.
B. If a person is required t o be examined pursuant to Sections
6-110, 6-115 or 6-119 of this title, the Department shall impose the
appropriate restriction or restrictions on the license that are
necessary to ensure the safe operation of a motor vehicle as
provided under Section 6 -113 of this title.
C. If the motor vehicle liability policy, as defined pursuant
to Section 7-324 of this title, used to obtain a driver license is
canceled, the insurance company administering the p olicy shall
notify the Department within ten (10) days of cancellat ion. Upon
notice by an insurance c ompany to the Department, the person covered
under the policy shall provide the Department wit h proof of
applicable coverage within thirty (30) days of cancelation. Failure
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to provide proof of coverage within thirty (30) days shall result in
the revocation of the person’s driver license. The Department shall
promulgate rules to effectuate the pro visions of this subsecti on.
C. D. Any person whose driver license or d riving privilege is
canceled, denied, or disqualified under the pro visions of this
section shall have the right to an appeal as provided in Section 6 -
211 of this title.
D. E. Any person whose Class A, B, or C driver license or
driving privilege is disqual ified under the provisions of this
section shall relinquish to the Department the Class A, B, or C
driver license and may replace it with a Class D dri ver license, if
the person is otherwise qualified for a Class D d river license.
SECTION 3. AMENDATORY 47 O.S. 2021, Section 7-324, is
amended to read as follows:
Section 7-324. (a) A. Certification. A “motor vehicle
liability policy” as the term is used in this a rticle shall mean an
“owner’s policy” or an, “operator’s policy”, or “non-owner’s policy
as defined pursuant to Section 7-613 of this title, of liability
insurance, certified as provided in Section 7 -321 or Section 7-322
of this title as proof of financial responsibility, and issued ,
except as otherwise provided in Section 7-322 of this title, by an
insurance carrier duly authorized to trans act business in this
state, to or for the benefit of the person named therein as insured.
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(b) B. Owner’s policy. Such owner’s policy of liability
insurance:
1. Shall designate by expli cit description or by appropriate
reference all vehicles with respect to which coverage is thereby to
be granted; and
2. Shall insure the person named therein and any other person
except as herein provided, as insure d, using any such vehicle or
vehicles with the express or implied permission of such named
insured, against loss from the liability imposed by law for damages
arising out of the ownership, maintenance or use of such vehicle or
vehicles within the United St ates of America or the Dominion of
Canada, subject to limi ts exclusive of interest and costs, with
respect to each such vehicle, as follows: Twenty-five Thousand
Dollars ($25,000.00) because of bodily injury to or death of on e
person in any one accident a nd, subject to said limit for one
person, Fifty Thousand Dollars ($50,000.00) because of bodily injury
to or death of two or more persons in any one accident, and Twenty-
five Thousand Dollars ($25,000.00) because of injury to or
destruction of property of others in any one accident .; and
3. May by agreement in a separate written endorsement between
any named insured and the insurer exclude as insured any person or
persons designated by name from coverage under the policy.
(c) C. Operator’s policy. Such operat or’s policy of liability
insurance shall insure the person named as insured therein against
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loss from the liability imposed upon him the person by law for
damages arising out of the use by him the person of any motor
vehicle not owned by him the person, within the same territorial
limits and subject to the s ame limits of liability as are set forth
above in subsection B of this section with respect to an owner ’s
policy of liability insurance.
D. Non-owner’s policy. A non-owner’s policy of liability
insurance, as defined by section 4 of this act, shall insure the
person named as insured therein against loss from the liability
imposed upon the person by law for damages arising o ut of the use by
the person of any motor vehicle not owned by the person, within the
same territorial limits and subject to the same li mits of liability
as are set forth in subsection B of this section with respect to an
owner or operator’s policy of liability insurance.
(d) E. Required statements in policies. Such motor vehicle
liability policy shall state the name and address of the n amed
insured, the coverage afforded by the po licy, the premium charged
therefor, the policy period and the limits of liab ility, and shall
contain an agreement or be en dorsed that insurance is provided
thereunder in accordance with the coverage defined in t his chapter
as respects bodily injury and dea th or property damage, or both, and
is subject to all the provisions of this title.
(e) F. Policy need not insure workmen’s workers' compensation.
Such motor vehicle liability policy need not insure any liabil ity
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under any workmen’s workers' compensation law nor any liability on
account of bodily injury to or death of an employee of the insured
while engaged in the emplo yment, other than domest ic, of the
insured, or while engaged in the operation, maintenance o r repair of
any such vehicle nor any liability for damage to property owned by,
rented to, in charge of or transported by the insured.
(f) G. Provisions incorporated in policy. Every motor vehicle
liability policy shall be subject to the following provis ions which
need not be contained the rein:
1. The liability of the insurance carrier with respect to the
insurance required by this title s hall become absolute wheneve r
injury or damage cover ed by said motor vehicle liability policy
occurs; said policy may not be canceled or annulled as to s uch
liability by any agreement between the insurance carrier and the
insured after the occurrence of th e injury or damage; no state ment
made by the insured or on his the insured's behalf and no violation
of said the policy shall defeat or void said policy.
2. The satisfaction by the insured of a jud gment for such
injury or damage shall not be a condition precedent to the ri ght or
duty of the insurance carrier to make payme nt on account of such
injury or damage.
3. The insurance carrier shall have the right to settle an y
claim covered by the policy, and if such settlement is made in good
faith, the amount thereof shall be de ductible from the limits of
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liability specified in paragraph 2 of subsection (b) B of this
section.
4. The policy, the written application therefor, if any, and
any rider or endorse ment which does not conflict with the provisions
of this title shall constit ute the entire contract between the
parties.
(g) H. Excess or additional coverage. Any policy w hich grants
the coverage required for a motor vehi cle liability policy may also
grant any lawful coverage in excess of or in addition to the
coverage specified for a motor vehicle liability policy and such
excess or additional coverage shall not be subject to the provisions
of this title. With respect to a policy which grants such exces s or
additional coverage, the term “motor vehicle liability policy ” shall
apply only to that part of the co verage which is required by this
section.
(h) I. Reimbursement provision permitted. Any motor vehicle
liability policy may provide that the insured shall reimburse the
insurance carrier for any payment the insurance carrier would not
have been obligated to make under the terms of the policy except for
the provisions of this title.
(i) J. Proration of insurance permit ted. Any motor vehicle
liability policy may provide for the prorating of the insurance
thereunder with other valid and collectible insurance.
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(j) K. Multiple policies. The requirements for a motor vehicl e
liability policy may be fulfilled by the policie s of one or more
insurance carriers which policies together meet such requirements.
(k) L. Binders. Any binder issued pending the issuance of a
motor vehicle liability policy shall be deemed to fulfill th e
requirements for such a policy.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7-613 of Title 47, unless there
is created a duplication i n numbering, reads as follows:
A. As used in this title, “non-owner’s policy” means a policy
of motor vehicle liability insu rance for a person who does not own a
vehicle that insures the person for damages arising out of the
operation or use by the person of any motor vehicle , subject to the
same limits of liability required in an o wner’s or operator’s
policy.
B. A non-owner’s policy of liability insurance shall be subject
to the provisions of Section 7-324 of this title.
C. Every carrier, upon issuing a non-owner’s policy, or a
renewal thereof, shall issue to the insured person a written non-
owner’s security verification for m of a size which may conveniently
be carried upon the person, con taining the following minim um
information:
1. The name, address o f the carrier, and the five -digit
National Association of Insurance Commissioners (NAIC) company co de;
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2. The name, address , and telephone number of the person or
office where an inquiry ma y be made to verify the exi stence of
security;
3. The name of the named insured; provided, the address of the
named insured shall not be included;
4. A notice that in accordance with the C ompulsory Insurance
Law, liability coverage has been issued for th e named insured;
5. A statement reflecting the form may be carrie d in lieu of an
owner’s form pursuant to the Com pulsory Insurance Law while
operating a motor vehic le. The form shall be pr oduced upon request
of any peace officer or representative of the Department of Public
Safety. In case of an accident, the form sha ll be shown upon
request of a person affected by an accident with a vehicle operated
by the insured;
6. The inclusive dates of liability coverage; and
7. The policy number.
D. A carrier may provide any additional i nformation consistent
with the Compulsory Insurance Law of this state in non-owner’s
security verification form but shall not be required to list the
actual amounts of liability coverage thereon. The security
verification form shall not constitute nor be construed as any part
of an insurance policy or renewal.
E. The Insurance Department m ay approve security verification
forms in electronic format and paper format .
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F. On or after the effective date of this act, a person who
applies for a driver license o r renewal thereof and who does not own
a vehicle shall provide the motor license agen t proof of coverage
under a non-owner’s policy as defined pursuant to subsection A of
this section.
G. A person covered by a non-owner’s policy shall carry proof
of security at any time that the person is operating a motor
vehicle. Proof of security of a non-owner’s policy shall be
produced for inspection upon request by any law enforcement officer
or representative of the Department of Public Safety , and in case of
an accident, the proof shall be shown upon r equest of any person
affected by the accident.
SECTION 5. This act shall become ef fective November 1, 2022.
58-2-2616 RJ 1/19/2022 5:49:11 PM