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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1591 By: Brooks
AS INTRODUCED
An Act relating to driver licenses; amending 21 O.S.
2021, Section 1550.42 , which relates to entities
authorized to print identification documents;
clarifying language; removing certain limitation ;
removing certain exceptions; removing certain license
renewal requirement; removing certain presumption;
removing certain application; removing certain
exemption; amending 47 O.S. 2021, Section 6-103,
which relates to persons not to be licensed;
requiring certain documents be presented to allow for
the issuance of driver licenses to aliens; updating
statutory references; amending 47 O.S. 2021, Section
6-106, which relates to application for license;
allowing for certain information to be provided by an
applicant; updating statutory reference; amending 47
O.S. 2021, Section 6 -114, which relates to
replacement driver licenses; removing certain
requirements and replacement period limitations for
aliens; amending 47 O.S. 2021, Section 6 -115, which
relates to issuance, expiration, and rene wal of
driver licenses; removing certain limitations and
requirements for alien applicants or licensees;
amending 47 O.S. 2021, Section 6 -122, which relates
to renewal by mail; removing certain exception;
providing for codification ; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Se ction 1550.42, is
amended to read as follows:
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Section 1550.42. A. The following entities may create, publish
or otherwise manufacture an identification document, identification
card, or identification certificate and may possess an engraved
plate or other such device fo r the printing of such identification;
provided, the name of the issuing entity shall be clearly printed
upon the face of the identification:
1. Businesses, companies, corporations, service organizations
and federal, state and local governmental agencies for employee
identification which is designed to identify the bearer as an
employee;
2. Businesses, companies, corporations and service
organizations for customer identification which is designed to
identify the bearer as a customer or member;
3. Federal, state and local government agencies for purpos es
authorized or required by law or any legitimate purpose cons istent
with the duties of such an agency , including, but not limited to,
voter identification cards, drive r licenses, nondriver
identification cards, passports, birth certificates and social
security cards;
4. Any public school or state or private educati onal
institution, as defined by Sections 1 -106, 21-101 or 3102 of Title
70 of the Oklahoma Statutes, to id entify the bearer as an
administrator, faculty member, student or employee;
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5. Any professional organization or labor union to identify the
bearer as a member of the professional organization or labor union;
and
6. Businesses, companies or corporations w hich manufacture
medical-alert identification for the wearer thereof.
B. All identification documents as provided for in paragraph 3
or 4 of subsection A of this section shall be issued only to United
States citizens, nationals and legal permanent residen t aliens.
C. The provisions of subsect ion B of this section shall not
apply when an applicant presents, in person, valid documentary
evidence of:
1. A valid, unexpired immigrant or nonimmigrant visa status for
admission into the United States;
2. A pending or approved application for asylum in the United
States;
3. Admission into the Uni ted States in refugee status;
4. A pending or approved applica tion for temporary protected
status in the United States;
5. Approved deferred action status; or
6. A pending application for adjustment of sta tus to legal
permanent residence status or condi tional resident status.
Upon approval, the applicant may be iss ued an identification
document provided for in paragraph 3 or 4 of subsection A of this
section. Such identification document shall be valid onl y during
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the period of time of the authorized st ay of the applicant in the
United States or, if there is no def inite end to the period of
authorized stay, a period of one (1) year. Any identification
document issued pursuant to the provisions of this subs ection shall
clearly indicate that it is tempora ry and shall state the date that
the identification document ex pires. Such identification document
may be renewed only upon presentation of valid documentary evidence
that the status by which the applicant q ualified for the
identification document has bee n extended by the United States
Citizenship and Immigration Ser vices or other authorized agency of
the United States Department of Homeland Security.
D. The provisions of subsection B of this section shall n ot
apply to an identification document described in paragraph 4 of
subsection A of this section that is only va lid for use on the
campus or facility of that educational institution and includes a
statement of such res tricted validity clearly and conspicuou sly
printed upon the face of the identification document.
E. Any driver license issued to a person who is not a United
States citizen, national or legal permanent resident alien for which
an application has been made for renewal, duplication or reissuance
shall be presumed to have been issued in accord ance with the
provisions of subsection C of this section; provi ded that, at the
time the application is made, the driver license has not expired, or
been cancelled, susp ended or revoked. The requirements of
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subsection C of this section shall apply, howeve r, to a renewal,
duplication or reissuance if the Department of Public Safety is
notified by a local, state or federal government agency of
information in the possession of the agency indicating a reasonable
suspicion that the individual seeking such renew al, duplication or
reissuance is present in the United States i n violation of law. The
provisions of this subsection shall not apply to United States
citizens, nationals or legal permanent resident aliens.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 6 -103, is
amended to read as follows:
Section 6-103. A. Except as otherwise provided by law, the
Department of Public Safety shall not issue a dri ver license to:
1. Any person who is under eighte en (18) years of age, except
that the Department may issue a C lass D license to an y person who
attains sixteen (16) years of age o n or after August 15, 2000, and
meets the requirements of Sections Section 6-105 and 6-107.3 of this
title;
2. Any unemancipated person who is under eighteen (18) years of
age and whose custodial legal parent or legal guardian does not
approve the issuance of a l icense as required by Section 6 -110.2 of
this title or objects to th e issuance of a license or permit by
filing an objection pursuant to Section 6 -103.1 of this title;
3. Any person whose driving privilege has been suspended,
revoked, canceled or denied i n this state or any other state or
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country until the driving privile ge has been reinstated by the state
or country withdrawing the privilege;
4. Any person who is classified as an excessi ve user of
alcohol, any other intoxicating substance, or a combinati on of
alcohol and any other intoxicating substance, and inimical to public
safety, in accordance with rules promulgate d by the Department,
until all requirements granting or reinstating dr iving privileges
are met, including, but not limited to, abstinence from the use of
alcohol, any other intoxicating substance, or any co mbination of
alcohol and any other intoxicating su bstance for a minimum of either
twelve (12) months or eighteen (18) mo nths, as determined by OAC
595:10-5, immediately preceding applicati on for or application for
reinstatement of driving privileges;
5. Any person who is required by Section 6 -101 et seq. of this
title to take an examination, unless the person shall have
successfully passed th e examination;
6. Any person who is required un der the laws of this state to
deposit proof of financial responsibil ity and who has not deposited
such proof;
7. Any person who is physically deformed or who is afflicted
with any mental disease or physical condition that would impair the
driving ability of the person or when the Commissioner of Public
Safety, from information concerning the person or from the records
and reports on file in the Department of Public Safety, determines
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that the operation of a m otor vehicle by such person on the highways
would be inimical to public safety or welfare;
8. Any person who is a n onresident, as defined in Section 1 -137
of this title;
9. Any alien unless such person presents who fails to present
both valid documentation of identity and either: an authorization
for presence in the United States issued pursuant to the laws of the
United States; provided, that no license shall be iss ued to any
alien whose documentation indicates the alien is a visitor or is not
eligible to establish residency ;, or proof of filing a state tax
return for the most recent t ax return period; or
10. Any person who possesses a valid license to operate a mot or
vehicle issued by another state until the other state license has
been surrendered.
B. Any applicant who is denied a license under t he provisions
of subsection A of this section shall ha ve the right to an appeal as
provided in Section 6 -211 of this title.
SECTION 3. AMENDATORY 47 O.S. 2021, Section 6 -106, is
amended to read as follows:
Section 6-106. A. 1. Every application for a d river license
or identification card shall b e made by the applicant upon a form
furnished by the Department of Public Safety.
2. Every original, renewal, or replacement ap plication for a
driver license or identification card made by a male applicant who
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is at least sixteen (16) but less than twenty -six (26) years of age
shall include a statement th at by submitting the application, the
applicant is consenting to registration with the Selective Service
System. The pertine nt information from the application shall be
forwarded by the Department to the Data Management Center of the
Selective Service Sys tem in order to register the applicant as
required by law with the Selective Service System. Any applicant
refusing to sign the consent statement shall be denie d a driver
license or identification card.
3. Except as provided for in subsections G and H of this
section, every applicant for a driver license or identification card
shall provide to the Department at the time of app lication a
document showing proof of identity. The Department shall promulgate
rules prescribing forms of primary and secondary id entification
acceptable for an original Oklahoma driver license.
B. Every applicant for a driver license shall provide the
following information:
1. Full name;
2. Date of birth;
3. Sex;
4. Address of principal residence and county of such residence
which shall be referenced on the REAL ID Compliant Driver License or
Identification Card; proof of principal residency, as pres cribed by
rules promulgated by the D epartment, documenting provided address;
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5. Current and complete mailing address to be maintai ned by the
Department for the purpose of giving notice, if necessary, as
required by Section 2-116 of this title;
6. Medical information, as determined by the D epartment, which
shall assure the Department that the person is not prohibited from
being licensed as provided by paragraph 7 of subsection A of Section
6-103 of this title;
7. Whether the applicant is deaf or hard -of-hearing;
8. A brief description of t he applicant, as determined by the
Department;
9. Whether the applicant has previously been li censed, and, if
so, when and by what state or country, and whether any licens e has
ever been suspended or revoked, or whether an application has ever
been refused, and, if so, the date of and reason for th e suspension,
revocation or refusal;
10. Whether the applicant is an alien eligible to be considered
for licensure and is not prohibited from licensure pursuant to
paragraph 9 of subsection A of Section 6 -103 of this title;
11. Whether the applicant has:
a. previously been licensed and, if so, when and b y what
state or country, and
b. held more than one license at the same time during the
immediately preceding ten (10) years; and
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12. Social Security number or an individual tax identification
number issued by the United States Internal Revenu e Service.
No person shall request the Department to use the Social Security
number of that person as the driver license number. Upon ren ewal or
replacement of any driver license issued after the effective date of
this act July 1, 2001, the licensee shall advise the D epartment or
the motor license agent if the present driver license number of the
licensee is the Social Security number of the licensee. If the
driver license number is the Social Security number, t he Department
or the motor license agent shall change the driver license number to
a computer-generated alphanumeric identification.
C. 1. In addition to the requirements of subsections A and B
of this section, every applicant for a commercial driver lic ense who
is subject to the requirements of 49 C.F.R., Par t 391, and is
applying for an original, renewal, or replacement license, and every
person who, upon or after May 8, 2012, is currently the holder of a
commercial driver license and is subject to the requirements of 49
C.F.R., Part 391, and who does not app ly for a renewal or
replacement license prior to January 30, 2014, shall submit to the
Department and maintain with the Department a curre nt approved
medical examination certificate signed by a licen sed physician
authorized to perform and approve medical e xamination
certifications. The Department shall adopt rules for maintaining
medical examination certificates pursuant to the requirements in 49
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C.F.R., Parts 383 and 384. Any commercial driver lice nsee subject
to the requirements of this paragraph who fa ils to maintain on file
with the Department a current, approved medical examination
certificate shall have the driving privileges of the p erson
downgraded to a Class D driver license by the Departmen t.
2. If the applicant is applying for an original comme rcial
driver license in Oklahoma or is transferring a commercial driver
license from another state to Oklahoma, the Department shall revie w
the driving record of the applicant in other states for the
immediately preceding ten (10) years, unless the record review has
already been performed by the Department. As a result of the
review, if it is determined by the Department that the applicant is
subject to a period of disqualification as prescribed by S ection 6-
205.2 of this title which has not yet been impos ed, the Department
shall impose the period of disqualification and the applicant shall
serve the period of disqualification before a comme rcial driver
license is issued to the applicant; provided, no thing in this
paragraph shall be construed to prevent the issuance of a Class D
driver license to the applicant.
3. If the applicant has or is ap plying for a hazardous material
endorsement, the applicant shall submit to a security threat
assessment performed by the Transportation Security Administration
of the Department of Homeland Security as required by and pursuant
to 49 C.F.R., Part 1572, whic h shall be used to determine whether
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the applicant is eligible for the endorsement pursuant to federal
law and regulation.
4. The Department of Public Safety shall no tify each commercial
driving school of the passage of this section, and each commercial
driving school shall notify prospective students o f its school of
the hazardous material endorsement requiremen t.
D. In addition to the requirements of subsections A a nd B of
this section, every applicant shall be given an option on the
application for issuance of a driver license or identification card
or renewal pursuant to Section 6 -115 of this title to provide an
emergency contact person. The emergency contact info rmation
requested may include full name, address, and phone number. The
emergency contact information shall be maintained by the Departme nt
and shall be used by the Department and law enforcement fo r
emergency purposes only. A person listed as an emergen cy contact
may request to be removed at any time. Any update to a change of
name, address, or phone number may be made by the applicant l isting
the emergency contact person or by the person listed a s the
emergency contact.
E. Whenever application is rece ived from a person previously
licensed in another jurisdiction, the Department shall requ est a
copy of the driving record from the other j urisdiction and,
effective September 1, 2005, from all other jurisdictions in which
the person was licensed within the immediately previous ten (10)
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years. When received, the driving record shall become a p art of the
driving record of the person in this s tate with the same force and
effect as though entered on the driver’s record in this state in the
original instance.
F. Whenever the Department receives a request for a driving
record from another licensing jurisdiction, the record shall be
forwarded without charge.
G. A person shall not apply for or possess more than one state-
issued or territory-issued REAL ID Complia nt Driver License or
Identification Card pursuant to the provisions of Section 6 -101 of
this title. A valid and unexpired Oklahoma driver license shall
serve as both primary and secondary proofs of identity whenever
application for a REAL ID Noncompliant Identification Card is
submitted to the Department. The provisions of subsection B of
Section 1550.42 of Title 21 of the Oklahoma Statute s shall not apply
when issuing an identification card pursuan t to the provisions of
this subsection. The Department s hall promulgate rules necessary to
implement and administer the provisions of this subsec tion.
H. A valid and unexpired U.S. passport sha ll serve as both
primary and secondary proofs of identity whe never application for a
driver license or identification card is submitted to the
Department. The Department shall promulgate rules necessary to
implement and administer the provisions of this s ubsection.
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SECTION 4. AMENDATORY 47 O.S. 2021, Section 6-114, is
amended to read as follows:
Section 6-114. A. 1. In the event that a driver license is
lost, destroyed or requires the updating of any information,
restriction or endorsement displayed thereon, the person to whom
such license was issued may obtain a replacement thereof purs uant to
the provisions of subsection G of Section 6-101 of this title, and
upon payment of the required fee. If the person is an alien, the
person shall appear before a driver lic ense examiner of the
Department and, after furnishing primary and secondary proofs of
identity as required in this section, s hall be issued a replacement
driver license for a period which does not exceed the lesser of:
a. the expiration date of the license being replaced, or
b. the expiration date on the valid documentation
authorizing the presence of the person in the United
States, as required by paragraph 9 of subsection A of
Section 6-103 of this title.
2. The cost of a replacement license shall be Twe nty-five
Dollars ($25.00), of w hich:
a. Two Dollars ($2.00) shall be apporti oned as provided
in Section 1104 of this title,
b. Three Dollars ($3.00) shall be remitted to the State
Treasurer to be credited to the General Revenue Fund,
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c. Five Dollars ($5.00) shall be credited to the
Department of Public Safety Computer Imaging Sys tem
Revolving Fund to be used solely for the purp ose of
administering and maintaining the computer imaging
system of the Department,
d. Ten Dollars ($10.00) shall be credited to t he
Revolving Fund of the Departme nt of Public Safety,
e. Three Dollars ($3.00) shall be deposited to the State
Public Safety Fund created in Section 2 -147 of this
title, and
f. (1) Two Dollars ($2.00) of the fee authorized by this
paragraph related to the replacement of a driver
license by a motor license agent that does not
process approved applications or renewals for
REAL ID Compliant Driver Licenses or
Identification Cards shall be deposited, in
addition to the amount authorized by subparagraph
e of this paragraph, to the State Public Safety
Fund created in Section 2 -147 of this title, or
(2) Two Dollars ($2.00) of the fee au thorized by this
paragraph related to the replacement of a driver
license by a motor license agent that does
process approved appli cations or renewals for
REAL ID Compliant Driver Licenses or
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Identification Cards shall be retained by the
motor license agent.
3. The Department shall promulgate rules prescribing forms of
primary and secondary identification acceptable for replacement o f
an Oklahoma driver license; pro vided, however, a valid and unexpired
U.S. passport shall be acceptable as both primary and secondary
identification.
B. Any person desiring to add or remove an endorsement or
endorsements or a restriction or restrictions to any existing driver
license, when authorized by the Department of Public Safety, shall
obtain a replacement license with t he endorsement or endorsements or
the restriction or restrictions change thereon and shall be charged
the fee for a replacement lic ense as provided in subsection A of
this section.
SECTION 5. AMENDATORY 47 O.S. 2021, Section 6 -115, is
amended to read as follows:
Section 6-115. A. Except as otherwis e provided in this
section, every driver license shall be issued for a period of either
four (4) years or eight (8) years; provided, if the applicant or
licensee is an alien, the license shall be issued for a period which
does not exceed the l esser of:
1. Four (4) years or eight (8) years; or
2. The expiration date on the valid docu mentation authorizing
the presence of the applicant or licensee in the United States, as
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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 license sha ll be no more than 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 immediately preceding
the date of issuance , if requested by 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 month 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 expirati on date of the expiring license,
if requested by the licensee; or
2. For a renewal prior to the month of expiration, 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 lice nse;
provided, no license shall be issued with an expiration date of more
than five (5) years from the date of renewal on a four (4) year
license or nine (9) years from the date of renewa l on an eight (8)
year license.
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D. Notwithstanding the provisions of subsection E of Section
1550.42 of Title 21 of the Oklahoma Statutes, any Oklahoma driver
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 this sec tion, every driver
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 ad dress 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 shall appear before a
driver license examiner of the Department and shall be issued a
renewal driver license 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 authorizing
the presence of the applicant or licensee in the United Stat es, as
required by paragraph 9 of subsection A of Section 6-103 of this
title.
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 Comm issioner of
Public Safety.
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G. When a person makes application for a driver license, or
makes application to renew a driver license, and the person has been
convicted of, or received a deferred judgment for, any offense
required to register pursuant to the Sex Offenders Registration Act,
the driver license shall be valid for a period of one (1) year from
the month of issuance, but may be renewed yearly 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 licenses and renewals.
H. The Department of Public Safety shall promulgate rules
prescribing forms of identification acceptable fo r the renewal of an
Oklahoma driver license.
SECTION 6. AMENDATORY 47 O.S. 2021, Section 6-122, is
amended to read as follows:
Section 6-122. The Department of Public Safety may develop
procedures whereby dr iver licenses issued under the provisions of
Section 6-101 et seq. of this title may be renewed or replaced by
the applicant by mail or online except for licenses to be renewed or
replaced by aliens as pre scribed by subsection E of Section 6 -115 of
this title. Any license issued pursuant to this section shall be
valid for a period as prescr ibed in Section 6-115 of this title.
The Department shall not renew or rep lace a license by mail or
online unless the immediately preceding issuance, renewal or
replacement was done in person by the applicant.
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Provided, any person or the spouse or depende nt of a person:
1. Who is on active duty with the Armed Forces of the Unit ed
States; or
2. Who is currently employed as a civilian contractor with the
Armed Forces of the United States,
living outside of Oklahoma and having a valid class D driver license
issued by the State of Oklahoma, requiring no material change, may
apply for no more than three consecutive renewals or replacement of
such license by mail or online, i n accordance with Department rules.
A fourth consecutive renewal or replacement must b e done in person.
SECTION 7. This act shall become effecti ve November 1, 2022.
58-2-2507 PW 1/20/2022 2:09:29 PM