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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023 )
HOUSE BILL 1566 By: Stark
AS INTRODUCED
An Act relating to inmates; amending 47 O.S. 2021,
Section 6-105.3, as amended by Section 44, Chapter
282, O.S.L. 2022 (47 O.S. Supp. 2022 , Section 6-
105.3), which relates to the issuance of driver
licenses; directing the Department of Corrections to
coordinate with Service Oklahoma on issuing REAL ID
Compliant identification cards and driver licenses;
requiring driver licenses to be issued, canceled,
revoked, denied and replace d in the same manner as
other driver licenses; authorizing the use of certain
document as valid ide ntification; providing for
period of validity; amending 57 O.S. 2021, Section
513.3, as amended by Section 1, Chapter 6 4, O.S.L.
2022 (57 O.S. Supp. 2022, Se ction 513.3), which
relates to employment and state identification
assistance for inmates; directin g the Department of
Corrections to assist inmates with obtaining state -
issued driver licenses; directing the Department to
identify inmates who have current forms of
identification; authorizing the utilization of
certain funds to pay for driver licenses; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 202 1, Section 6-105.3, as
amended by Section 44, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 6-105.3), is amended to read as follows:
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Section 6-105.3 A. In addition to the licenses to operate
motor vehicles, Service Oklahoma may issue cards to Oklahoma
residents for purposes of identification only . The identification
cards shall be issued, renewed, replaced, canceled and denied in the
same manner as driver licenses in this sta te. A licensee whose
record reflects a notation of the person's proof of legal presence,
verified by the U.S. Department of Homeland S ecurity, or proof of
U.S. citizenship, may obtain a REAL ID Compliant Identification Card
or a Noncompliant Identificatio n Card from a licensed operator or
Service Oklahoma, regardless of the s tatus of the license held by
the licensee. Provided, the licensee must comply with all REAL ID
documentation requirements to obtain a REAL ID Compliant
Identification Card. A person shall not apply for or possess more
than one state-issued or territory-issued REAL ID Compliant
Identification Card pursuant to the provisions of Section 6-101 of
this title.
The application for an identi fication card by any person under
the age of eighteen (18) years shall be signed and verified by a
custodial legal parent or legal guardian, either in person before a
person authorized to administer oaths or electronically if
completing an online applicati on, or a notarized affidavit signed by
a custodial legal parent or legal guardian submitted before a person
authorized to administer oaths by the person under the age of
eighteen (18) years with the application. Except as otherwise
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provided in this sectio n, the identification cards shall be valid
for a period of either four (4) years from the month of issuance or
eight (8) years from the month of issuance; however, the
identification cards issued to persons sixty-five (65) years of age
or older shall be va lid indefinitely from the month of issuance.
B. 1. The Department of Corrections shall coordinate with
Service Oklahoma to provide REAL ID Compliant or REAL ID
Noncompliant Identification Cards and REAL ID Compliant D river
Licenses to all inmates who do not have a current state -issued
identification card or driver license upon their release from
custody. The identification cards and driver licenses for inmates
shall be issued, replaced, canceled and denied in the same manner as
driver licenses in this state.
2. If an inmate is unable to provide a valid identification
document and no other form of identification is available, Service
Oklahoma shall allow the use of a Department of Corrections-issued
consolidated record card to serve as a valid identification document
to obtain a REAL ID Compliant or REAL ID Noncompliant Identification
Card or REAL ID Compliant Driver License.
3. REAL ID Compliant or REAL ID Noncompliant Identification
Cards and REAL ID Compliant Driver Licenses issued with a
consolidated record card fro m the Department of Corrections for
inmates shall be valid for a period of four (4) years from the month
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of issuance for an allo wable fee to be determined by Service
Oklahoma and are nonrenewable and nontransferable.
4. The fee charged for the issuance or replacement of a REAL ID
Compliant or REAL ID Noncompliant Identification Card or REAL ID
Compliant Driver License pursuant to this subsection shall be
deposited in the Department of Public Safety Revolving Fund through
October 31, 2022. Beginning November 1, 2022, this fee shall be
deposited in the Service Oklahoma Revolving Fund. Provided,
however, REAL ID Compliant or REAL ID Noncompliant Identifi cation
Cards and REAL ID Compliant Driver L icenses issued to individuals
required to register pursuant to the Sex Offenders Registration Act
shall only be valid for a period of one (1) year. No person sixty-
five (65) years of age or older shall be charged a fee for a REAL ID
Noncompliant Identification Card.
5. Service Oklahoma is authorized to promulgate rules and
procedures to implement the provisions of this subs ection.
C. No person shall hold more than one state-issued or
territory-issued REAL ID Compliant Driver License or REAL ID
Compliant Identification Card, as defined in subsection G of Section
6-101 of this title. Service Oklahoma shall not issue a REAL ID
Compliant Identification Card to any applicant who has been
previously issued a REAL ID Compliant Driver License or REAL ID
Compliant Identification Ca rd unless such license or identification
card has been surrendered to the Department by the applicant.
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Service Oklahoma may promulgate rules related to the issuance of
replacement REAL ID Compliant Identification Cards in the event of
loss or theft.
D. The fee charged for the issuance or renewal of a REAL ID
Compliant Identification Card shall be Twenty-five Dollars ($25.00)
for a 4-year card and Fifty Dollars ($50.00) for an 8-year card.
The fee charged for the issuance or renewal of a RE AL ID
Noncompliant Identification Card pursuant to this section shall be
Twenty-five Dollars ($25.00) for a 4-year card and Fifty Dollars
($50.00) for an 8-year card; however, no person sixty-five (65)
years of age or older, or one hundred percent (100%) d isabled
veteran described in subsection P of Section 6-101 of this title
shall be charged a fee for an identification card. Of each fee
charged pursuant to the provisions of this subsection:
1. Seven Dollars ($7.00) of a 4-year card and Fourteen Dollars
($14.00) of an 8-year card shall be apportioned as provided in
Section 1104 of this title;
2. Three Dollars ($3.00) of a 4-year card and Six Dollars
($6.00) of an 8-year card shall be credited to the Department of
Public Safety Computer Imaging System Rev olving Fund to be used
solely for the purpose of the administration and mainten ance of the
computerized imaging system of the Department through October 31,
2022. Beginning November 1, 2022, Three Dollars ($3.00) of a 4 -year
card and Six Dollars ($6.00) of an 8 -year card shall be credited to
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the Service Oklahoma Computer Imaging Syst em Revolving Fund to be
used solely for the purpose of administration and maintenance of the
computerized imaging system of Service Oklahoma ;
3. Ten Dollars ($10.00) of a 4-year card and Twenty Dollars
($20.00) of an 8-year card shall be deposited in the Department of
Public Safety Revolving Fund through October 31, 2022. Beginning
November 1, 2022, this fee shall be deposited in the Service
Oklahoma Revolving Fund;
4. Three Dollars ($3.00) o f a 4-year card and Six Dollars
($6.00) of an 8-year card shall be deposited to the State Publi c
Safety Fund created in Section 2-147 of this title; and
5. Two Dollars ($2.00) for a 4-year card and Four Dollars
($4.00) for an 8-year card of the fee authorized by this subsection
related to the issuance or renewal of a n identification card by a
licensed operator that does process approved applications or
renewals for REAL ID Compliant and REAL ID Noncompliant Driver
Licenses or Identification Cards shall be retained by the licensed
operator.
E. The fee charged for replacement of a REAL ID Compliant
Identification Card, or REAL ID Noncompliant Identification Card,
shall be Twenty-five Dollars ($25.00); however, no person sixty -five
(65) years of age or older shall be charged a fee for an
identification card replacement. Of each fee charged pursuant to
the provisions of this subsection:
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1. Seven Dollars ($7.00) shall be apportioned as provided in
Section 1104 of this title;
2. Three Dollars ($3.00) shall be credited to the Department of
Public Safety Computer Imaging System Revolving Fund to be used
solely for the purpose of the administration and maintenance of the
computerized imaging system of the Department through October 31,
2022. Beginning November 1, 2022, Three Dollars ($3.00) shall be
credited to the Service Oklahoma Computer Imaging System Revolving
Fund to be used solely for the purpose of administration and
maintenance of the computerized imaging system of Service Oklahoma ;
3. Ten Dollars ($10.00) shall be deposited in the Department of
Public Safety Revolving Fund through October 31, 2022. Beginning
November 1, 2022, this fee shall be deposited in the Service
Oklahoma Revolving Fund;
4. Three Dollars ($3.00) shall be deposited to the S tate Public
Safety Fund created in Section 2-147 of this title; and
5. Two Dollars ($2.00) of the fee authorized by this subsection
related to the replacement of an identification card by a licensed
operator that does process approved applications or renewals for
REAL ID Compliant or REAL ID Noncompliant Driver Licenses or
Identification Cards shall be retained by the licensed operator.
F. The Oklahoma Tax Commission is hereby authorized to
reimburse, from funds available to that agency, each licensed
operator issuing an identification card to a person sixty-five (65)
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years of age or older, an amount not to exceed One Dollar ($1.00)
for each card or driver license so issued. The Tax Commission shall
develop procedures for claims for reimbursement.
G. Notwithstanding any other provision of law, when a person
makes application for a new identification card, or makes
application to renew an identification card, and the person has been
convicted of, or receive d a deferred judgment for, any offense
required to register pursuant to the Sex Offenders Registration Act,
the identification card 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 subject to registration on the Sex Offender
Registry. The cost for such identification card shall be the same
as for other identification cards and renewals.
SECTION 2. AMENDATORY 57 O.S. 2021, Section 513.3, as
amended by Section 1, Chapter 64, O.S.L. 2022 (57 O.S. Supp. 20 22,
Section 513.3), is amended to read as follows:
Section 513.3. A. When any inmate shall be discharged from an
institution of the Department of Corrections and the intended
residence designated by the i nmate is within this state, the
Department of Corrections shall provide the inmate with relevant
documentation to assist the inmate in obtaining post -release
employment and shall coordinate with the Department of Publ ic Safety
to provide a REAL ID Compliant or REAL ID Noncompliant
Identification Card or a REAL ID Compliant Driver License if the
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inmate does not have a current state-issued identification card or
driver license.
B. 1. Within nine (9) months prior to the release of an inmate
from custody, the Department of Corre ctions shall identify whether
the inmate has a current form of state identification and begin the
process of gathering the documentation r equired for the issuance of
a REAL ID Compliant or REAL ID Noncompliant Identification Card
pursuant to Section 6 -105.3 of Title 47 of the Oklahoma Statutes or
a REAL ID Compliant Driver Lic ense pursuant to Section 6-101 of
Title 47 of the Oklahoma Statutes . If an inmate has any valid form
of a state-issued identification card or drive r license, the inmate
may avail himself or herself of the provisions of this section.
2. The Department of Corrections may utilize any funds
available to cover the costs associated with the implementation and
administration of this section and the purchas e of REAL ID Compliant
or REAL ID Noncompliant Identification Cards or REAL ID Compliant
Driver Licenses, including, but not limi ted to, inmate trust funds,
existing funds of the Departmen t of Corrections and donations.
3. The provisions of this section shall apply only to inmates
who may receive a state-issued identification card pursuant to
Section 1550.42 of Title 21 of the Okla homa Statutes.
C. For purposes of assisting an inmate in o btaining post-
release employment, the Department of Corrections sha ll provide the
inmate with the following documentation:
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1. A copy of the vocational training recor d of the inmate, if
applicable;
2. A copy of the work record of the inmate, if applicable ;
3. A certified copy of the birth certificate of the inmate, if
obtainable;
4. A Social Security card or a replacement Soci al Security card
of the inmate, if obtai nable;
5. A resume that includ es any trade learned by the inmate and
the proficiency at t hat trade by the inmate; and
6. Documentation that the inmate has completed a practice job
interview.
In addition, the Depart ment shall notify the inmate if he or sh e
is eligible to apply for a li cense from a state entity charged with
oversight of an occu pational license or certification.
D. The following categories of inmates are not required to
complete resumes or practice job interviews prior to their release
from incarceration:
1. Inmates sixty-five (65) years of age or older;
2. Inmates releasing to medical parole or discharging from a
prison infirmary setting;
3. Inmates releasing from a Department of Corre ctions Mental
Health Unit;
4. Inmates releasing to the custody of another jurisdic tion on
a warrant or detainer;
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5. Inmates returning to community supervision from an
intermediate revocation facility; and
6. Inmates that the Department determines would be physically
or mentally unable to return to the workforce upon r elease from
incarceration.
E. The Department of Corrections is authorized to promulgate
rules and procedures to implem ent the provisions of this section.
SECTION 3. This act shall become effective November 1, 2023.
59-1-5829 GRS 01/17/23