Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB942 Latest Draft

Bill / Enrolled Version Filed 05/02/2022

                             
 
 
An Act 
ENROLLED SENATE 
BILL NO. 942 	By: Murdock, Bergstrom, and 
Stephens of the Senate 
 
  and 
 
  Pfeiffer of the House 
 
 
 
 
An Act relating to motor vehicles; amending 47 O.S. 
2021, Section 6-111, which relates to driver 
licenses; adding requiremen ts for certain licenses; 
defining term; providing an effective date ; and 
declaring an emergency . 
 
 
 
 
SUBJECT:  Commercial driver licenses 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
 
SECTION 1.     AMENDATORY    47 O.S. 2021, Section 6-111, is 
amended to read as follows: 
 
Section 6-111. A.  1.  The Department of Public Safety sha ll, 
upon payment of the required fee, issue to every applicant 
qualifying therefor a Class A, B, C or D d river license or 
identification card as applied for, which license or card shall bear 
thereon a distinguishing alphanumeric identification assigned to the 
licensee or cardholder, date of issuance and date of expiration of 
the license or card, the full lega l name, signature or computeriz ed 
signature, date of birth, residence address, unless specified as an 
exception in the Code of Federal Regulations per 6 C.F.R., Section 
37.17, sex, a computerized color image of the licensee or cardholder 
taken in accordance with Department rules and security features as 
determined by the Department.  The image shall depict a full front 
unobstructed view of the entire fac e of the licensee or cardholder; 
provided, a commercial learner permit shall not bear the image of 
the licensee.  When any person is iss ued both a driver license and   
 
ENR. S. B. NO. 942 	Page 2 
an identification card, the Department shall ensure the information 
on both the license an d the card are the same, unless otherwise 
provided by law. 
 
2.  A driver license or identification card is sued by the 
Department on or after March 1, 2004, shall bear thereon the county 
of residence of the licensee or cardholder. 
 
3.  The Department may canc el the distinguishing number, when 
that distinguishing number is another person ’s Social Security 
number, assign a new distinguishing al phanumeric identification, and 
issue a new license or identification card without charge to the 
licensee or cardholder. 
 
4.  The Department may promulgate rules for inclusion of the 
height and a brief description of the licens ee or cardholder on the 
face of the card or license identifying the licensee or cardholder 
as deaf or hard-of-hearing. 
 
5.  It is unlawful for any perso n to apply, adhere, or otherwise 
attach to a driver license or identification card any decal, 
sticker, label, or other attachment.  Any law enforcement officer is 
authorized to remove a nd dispose of any unlawful decal, sticker, 
label, or other attachment f rom the driver license of a person.  The 
law enforcement officer, the employing agency of the officer, th e 
Department of Public Safety, and the State of Oklahoma shall be 
immune from any liability for any loss suffered by the licensee, 
cardholder, or the o wner of the decal, sticker, label, or other 
attachment caused by the removal and destruction of the decal , 
sticker, label, or other atta chment. 
 
6.  The Department of Public Safety may d evelop by rule a 
procedure which complies with the provisions of subsec tion G of 
Section 6-101 of this title whereby a person may apply for a renewal 
or replacement Oklahoma Cl ass D license or Oklahoma ident ification 
card. 
 
B.  1.  The Department may issue or authorize the issuance of a 
temporary permit or license to an applic ant for a driver license 
permitting such applicant to operate a motor vehicle while the 
Department is completing its investigation and d etermination of all 
facts relative to such applic ant’s privilege to receive a license,   
 
ENR. S. B. NO. 942 	Page 3 
or while a permanent driver licen se is being produced and delivered 
to the applicant.  Such permit or license must be in the immediate 
possession of the driver while ope rating a motor vehicle, and it 
shall be invalid when the applicant’s permanent driver license has 
been issued and delive red or for good cause has been refused. 
 
2.  The Department may issue or authorize the issuance of a 
temporary identification card to an applicant, permitting the holder 
the privileges otherwise granted by identification cards, while a 
permanent driver lice nse is being provided and delivered to the 
applicant.  Such card shall be invalid when the applicant ’s 
permanent identification card has been issued and delivered, or for 
good cause has been refused. 
 
C.  1.  The Department may issue a restricted commercial driver 
license to drivers eighteen (18) years of age or older for any of 
the following specific farm -related service industries: 
 
a. farm retail outlets and suppliers, 
 
b. agri-chemical businesses, 
 
c. custom harvesters, and 
 
d. livestock feeders. 
 
The applicant shall hold have held a valid Oklahoma driver 
license for at least one year.  Applicants with more than two (2) 
years of driving experience shall have a good driving record for the 
most recent two (2) years and shall meet all the requirements for a 
commercial driver license . The restricted commercial driver license 
shall not exceed a total of one hundred eighty (180) days within any 
twelve-month period the maximum total days th at federal law allows.  
Applicants for the restricted commercial driver license shall be 
exempt from the knowledge and skills test .  Application of the 
restricted commercial driver license does no t have to be used in 
consecutive days; use of permit shall b e declared at application. 
 
2.  A “good driving record” as used in this subsection shall 
mean an applicant: 
 
a. has not had more than one license,   
 
ENR. S. B. NO. 942 	Page 4 
 
b. has not had any license sus pended, revoked, or 
cancelled, 
 
c. has not had any conviction for any type of 
disqualifying offenses or serious traffic violations, 
or 
 
d. has not had any conviction for a violation of state or 
local law relating to motor vehicle traffic control, 
other than a parking violation , arising in connection 
with any traffic accident, and has no record of an 
accident in which they were at fault. 
 
3.  The restricted commercial driver license shall not be valid 
for operators of commercial motor vehicles beyond one hundred fifty 
(150) miles from the place of business or the farm currently being 
served.  Such license shall be limited to Class B or C vehicles.  
Holders of such licenses who transport hazardous materia ls which are 
required to be placarded shall be limited to the following: 
 
a. diesel fuel in quantities of one thousand (1,000) 
gallons or less, 
 
b. liquid fertilizers in vehicles with total capacities 
of three thousand (3,000) gallons or less, and 
 
c. solid fertilizers that are not mixed with any organic 
substance. 
 
No other placarded hazardous materials shall b e transported by 
holders of such licenses. 
 
D. The Department may issue a non-domiciled commercial le arner 
permit or a non-domiciled commercial driver l icense to: 
 
1.  An H2A-Temporary Agricultural worker lawfully present in the 
United States as indicated on an original, valid and unexpired I-94 
immigration status document issued by the United States Custo ms and 
Immigration Service; and 
   
 
ENR. S. B. NO. 942 	Page 5 
2.  A J-1 Exchange Visitor Program participant lawfully present 
in the United States as indicated on a valid and unexpir ed J-1 
Visitor Visa issued by the United States Customs and Immigration 
Service and who is enrolled in a n agricultural education training 
program. 
 
A person applying for such permit or license must comply with 
all testing and licensing requirements in acco rdance with applicable 
federal regulations, state laws and Department rules.  The issued 
license shall be valid until the expiration of the visa for the non -
domiciled worker.  The Department may promulgate rules for the 
implementation of the process to car ry out the provisions of this 
section. 
 
E.  1. The Department shall develop a procedure whereby a 
person applying for an original, renewal or replacement Cl ass A, B, 
C or D driver license or identification card who is required to 
register as a convicted s ex offender with the Department of 
Corrections pursuant to the provisions of the Sex Offenders 
Registration Act and who the Department of Corrections designa tes as 
an aggravated or habitual offender pursuant to subsection J of 
Section 584 of Title 57 of th e Oklahoma Statutes shall be issued a 
license or card bearing the words “Sex Offender”. 
 
2.  The Department shall notify every person subject to 
registration under the provisions of Section 1 -101 et seq. of this 
title who holds a current Class A, B, C or D driver license or 
identification card that such person is required to surrender the 
license or card to the Department within one hundred eighty (180) 
days from the date of the notice. 
 
3.  Upon surrendering the license or card for the reason set 
forth in this subsection, application may be made with the 
Department for a replacement license or card bearing the w ords “Sex 
Offender”. 
 
4.  Failure to comply with the requirements set forth in such 
notice shall result in cancellation of the person ’s license or card.  
Such cancellation shall be in effect for one (1) year, after which 
time the person may make application with the Department for a new 
license or card bear ing the words “Sex Offender”.  Continued use of 
a canceled license or card shall constitute a mi sdemeanor and shall,   
 
ENR. S. B. NO. 942 	Page 6 
upon conviction thereof, be punishable by a fine of not less than 
Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars 
($200.00).  When an individual is no longer required to register as 
a convicted sex offender with the Dep artment of Corrections pursuant 
to the provisions of the Sex Offenders Registration Act, the 
individual shall be eligible to receive a driver license or 
identification card which does not bear the words “Sex Offender”. 
 
F.  Nothing in subsection E of this section shall be deemed to 
impose any liability upon or give rise to a cause of action against 
any employee, agent or official of the Department of Corrections f or 
failing to designate a sex offender as an aggravated or habitual 
offender pursuant to subsec tion J of Section 584 of Title 57 of the 
Oklahoma Statutes. 
 
G.  A person subject to an order for the installat ion of an 
ignition interlock device shall be requir ed by the Department to 
submit their driver license for a replacement.  The replacement 
driver license shall bear the words “Interlock Required” and such 
designation shall remain on the driver license for the duration of 
the order requiring the ignition in terlock device.  The replacement 
license shall be subject to the same expiration and renewal 
procedures provided by law. Upon completion of the requirements for 
the interlock device, a person may apply fo r a replacement driver 
license. 
 
H.  The Department shall develop a procedure whereby a person 
applying for an original, renewal or replacement C lass D driver 
license who has been granted modified driving privileges under this 
title shall be issued a Class D driver license which identifies the 
license as a modified license. 
 
SECTION 2.  This act shall become effective July 1, 2022. 
 
SECTION 3.  It being immediately necessary for the preservation 
of the public peace, health or safety, an emergency is hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage a nd approval. 
   
 
ENR. S. B. NO. 942 	Page 7 
Passed the Senate the 21st day of March, 2022. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the 28th day of April, 2022. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
By: _______________________________ __ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of _________________ __, 20_______, at _______ o'cloc k _______ M. 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this _______ ___ 
day of __________________, 20 _______, at ____ ___ o'clock _______ M. 
By: _______________________________ __