Oklahoma 2023 Regular Session

Oklahoma House Bill HB2750 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	An Act
2		-	ENROLLED HOUSE
	1	+
	2	+
	3	+	SENATE FLOOR VERSION - HB2750 SFLR Page 1
	4	+	(Bold face denotes Committee Amendments) 1
	5	+	2
	6	+	3
	7	+	4
	8	+	5
	9	+	6
	10	+	7
	11	+	8
	12	+	9
	13	+	10
	14	+	11
	15	+	12
	16	+	13
	17	+	14
	18	+	15
	19	+	16
	20	+	17
	21	+	18
	22	+	19
	23	+	20
	24	+	21
	25	+	22
	26	+	23
	27	+	24
	28	+
	29	+	SENATE FLOOR VERSION
	30	+	April 11, 2023
	31	+
	32	+
	33	+	ENGROSSED HOUSE
3	34		BILL NO. 2750 By: Miller of the House
4	35
5	36		and
6	37
7	38		Haste of the Senate
8		-
9		-
10	39
11	40
12	41
13	42
14	43		An Act relating to motor vehicles; amending 47 O.S.
15	44		2021, Section 6-110, as amended by Section 49,
16	45		Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section
17	46		6-110), which relates to examination of applicants;
18	47		authorizing certain approvals and agreements;
19	48		allowing certain examination to be given at public or
20	49		private site; allowing certain organizations to make
21	50		certain hires; allowing certain portion of driver
22	51		examination to be given; and providing an effective
23	52		date.
24	53
25	54
26	55
27	56
28		-	SUBJECT: Motor vehicles
29		-
30	57		BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
31		-
32	58		SECTION 1. AMENDATORY 47 O.S. 2021, Section 6-110, as
33	59		amended by Section 4 9, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
34	60		Section 6-110), is amended to read as follows:
35		-
36	61		Section 6-110. A. 1. Service Oklahoma shall establish
37	62		procedures to ensure every applicant for an original Class A, B, C
38	63		or D license and for any endorsements thereon is examined by Service
39	64		Oklahoma, or an approved written examination proctor, except as
40	65		otherwise provided in Section 6-101 et seq. of this title or as
41	66		provided in paragraph 2 of this sub section or in subsections D and E
	67	+
	68	+	SENATE FLOOR VERSION - HB2750 SFLR Page 2
	69	+	(Bold face denotes Committee Amendments) 1
	70	+	2
	71	+	3
	72	+	4
	73	+	5
	74	+	6
	75	+	7
	76	+	8
	77	+	9
	78	+	10
	79	+	11
	80	+	12
	81	+	13
	82	+	14
	83	+	15
	84	+	16
	85	+	17
	86	+	18
	87	+	19
	88	+	20
	89	+	21
	90	+	22
	91	+	23
	92	+	24
	93	+
42	94		of this section. Service Oklahoma is authorized to approve and
43	95		enter into agreements with local school districts, the Oklahoma
44	96		Department of Career and Technology Education, or institutions of
45	97		higher education third parties to act as approved written
46		-	examination proctors with regard to any written examination required ~~ENR. H. B. NO. 2750 Page 2~~
	98	+	examination proctors with regard to any written examination required
47	99		by this section. The examination shall include a test of the
48	100		applicant's:
49	101		a. eyesight,
50		-
51	102		b. ability to read and understand highway signs
52	103		regulating, warning and directing traffic,
53		-
54	104		c. knowledge of the traffic laws of this state including
55	105		a portion on bicycle and motorcycle safety, and
56		-
57	106		d. ability, by actual demonstration, to exercise ordinary
58	107		and reasonable control in the operation of a motor
59	108		vehicle. The actual demonstration shall be conducted
60	109		in the type of motor vehicle for the class of driver
61	110		license being applied for.
62		-
63	111		The Department of Public Safety, in conjunction with Servic e
64	112		Oklahoma, may create a knowledge test that may be taken on the
65	113		Internet by an applicant applying for a Class D license.
66		-
67	114		Any licensee seeking to apply for a driver license of another class
68	115		which is not covered by the licensee's current driver license sha ll
69	116		be considered an applicant for an original license for that class.
	117	+
	118	+	SENATE FLOOR VERSION - HB2750 SFLR Page 3
	119	+	(Bold face denotes Committee Amendments) 1
	120	+	2
	121	+	3
	122	+	4
	123	+	5
	124	+	6
	125	+	7
	126	+	8
	127	+	9
	128	+	10
	129	+	11
	130	+	12
	131	+	13
	132	+	14
	133	+	15
	134	+	16
	135	+	17
	136	+	18
	137	+	19
	138	+	20
	139	+	21
	140	+	22
	141	+	23
	142	+	24
70	143
71	144		2. Service Oklahoma shall have the authority to waive the
72	145		requirement of any part of the examination required in paragraph 1
73	146		of this subsection for those applicants whose driving record meets
74	147		the standards set by the Department of Public Safety and surrender
75	148		either of the following:
76		-
77	149		a. a valid unexpired driver license issued by any state
78	150		or country for the same type or types of vehicles, or
79		-
80	151		b. an expired driver license that:
81		-
82	152		(1) is not expired more than six (6) months past the
83	153		expiration date listed on the driver license, and
84		-
85	154		(2) is not a Class A, B or C commercial driver
86	155		license or commercial driver license permit.
87		-
88	156		3. Service Oklahoma shall accept skills test results from
89	157		another state for Class A, B or C license applicants who have
90	158		successfully completed commercial motor vehicle driver training in
91		-	that state and successfully passed the skills test in that state; ~~ENR. H. B. NO. 2750 Page 3~~
	159	+	that state and successfully passed the skills test in that state;
92	160		provided, Service Oklahoma shall not accept skills test results from
93	161		another state when the applicant has not successfully completed
94	162		commercial motor vehicle driver training in that state. Nothing in
95	163		this section shall be construed to prohibit Service Oklahoma from
96	164		administering the ski lls test to any applicant who has successfully
97	165		completed commercial vehicle driver training in another state.
98		-
99	166		4. All applicants requiring a hazardous materials endorsement
100	167		shall be required, for the renewal of the endorsement, to
	168	+
	169	+	SENATE FLOOR VERSION - HB2750 SFLR Page 4
	170	+	(Bold face denotes Committee Amendments) 1
	171	+	2
	172	+	3
	173	+	4
	174	+	5
	175	+	6
	176	+	7
	177	+	8
	178	+	9
	179	+	10
	180	+	11
	181	+	12
	182	+	13
	183	+	14
	184	+	15
	185	+	16
	186	+	17
	187	+	18
	188	+	19
	189	+	20
	190	+	21
	191	+	22
	192	+	23
	193	+	24
	194	+
101	195		successfully complete the examination and to submit to a security
102	196		threat assessment performed by the Transportation Security
103	197		Administration of the Department of Homeland Security as required by
104	198		and pursuant to 49 C.F.R., Part 1572, which shall be used to
105	199		determine whether the appl icant is eligible for renewal of the
106	200		endorsement pursuant to federal law and regulation.
107		-
108	201		5. Service Oklahoma, or an approved written examination
109	202		proctor, shall give the complete examinat ion as provided for in this
110	203		section within thirty (30) days from the date the application is
111	204		received, and the examination shall be given at a location within
112	205		one hundred (100) miles of the residence of the applicant. Service
113	206		Oklahoma shall make every eff ort to make the examination locations
114	207		and times convenient for applicants. Service Oklahoma shall
115	208		consider giving the examination at various school sites if the
116	209		district board of education f or the district in which the site is
117	210		located agrees and any public or private site, if economically
118	211		feasible and practicable, and if Service Oklahoma and the owner or
119	212		the governing body agree.
120		-
121	213		B. Any person holding a valid Oklahoma Class D license or
122	214		provisional driver license pursuant to Section 6-212 of this title
123	215		and applying for a Class A, B or C commercial license shall be
124	216		required to successful ly complete all examinations as required for
125	217		the specified class. Failure to submit to Service Oklahoma
126	218		federally required medical certification information pursuant to 49
	219	+
	220	+	SENATE FLOOR VERSION - HB2750 SFLR Page 5
	221	+	(Bold face denotes Committee Amendments) 1
	222	+	2
	223	+	3
	224	+	4
	225	+	5
	226	+	6
	227	+	7
	228	+	8
	229	+	9
	230	+	10
	231	+	11
	232	+	12
	233	+	13
	234	+	14
	235	+	15
	236	+	16
	237	+	17
	238	+	18
	239	+	19
	240	+	20
	241	+	21
	242	+	22
	243	+	23
	244	+	24
	245	+
127	246		C.F.R., Part 391.41 et seq. shall result in an automatic downgrade
128	247		of a commercial license to a Class D license. Provided, however,
129	248		once the required medical certification information has been
130	249		received by Service Oklahoma, the license shall be reinstated to the
131	250		classification of the commercial license prior to the downgrade and
132	251		the holder of such a license shall not be required to reapply.
133		-
134	252		C. Except as provided in subsection E of Section 6-101 of this
135	253		title, any person holding a valid Oklahoma Class A, B or C
136		-	commercial license shall, upon time for renewal thereof, be entitled ~~ENR. H. B. NO. 2750 Page 4~~
	254	+	commercial license shall, upon time for renewal thereof, be entitled
137	255		to a Class D license without any type of testing or examination,
138	256		except for any endorsements thereon as otherwise provided for by
139	257		Section 6-110.1 of this title.
140		-
141	258		D. 1. Any certified driver education instructor who is
142	259		currently an operator or an employee of a commercial driver training
143	260		school in this state or any driver education instructor employed by
144	261		any school district in this state shall be eligible to apply to be a
145	262		designated examiner of Service Oklahoma for the purposes of
146	263		administering the Class D driving skills portion of the Oklahoma
147	264		driving examination to any person who has been issued a learner
148	265		permit.
149		-
150	266		2. The Department of Public Safety, in conjunction with Service
151	267		Oklahoma, shall adopt a curriculum of required courses and training
152	268		to be offered to app licants who are qualified to apply to be a
153	269		designated examiner. The courses and training for certification
	270	+
	271	+	SENATE FLOOR VERSION - HB2750 SFLR Page 6
	272	+	(Bold face denotes Committee Amendments) 1
	273	+	2
	274	+	3
	275	+	4
	276	+	5
	277	+	6
	278	+	7
	279	+	8
	280	+	9
	281	+	10
	282	+	11
	283	+	12
	284	+	13
	285	+	14
	286	+	15
	287	+	16
	288	+	17
	289	+	18
	290	+	19
	291	+	20
	292	+	21
	293	+	22
	294	+	23
	295	+	24
	296	+
154	297		shall meet the same standards as required for driver examiners of
155	298		Service Oklahoma.
156		-
157	299		3. Each person applying to be a designated examiner shall be
158	300		required to pay an initial designated examiner certifi cation fee of
159	301		One Thousand Dollars ($1,000.00). Upon successful completion of
160	302		training prescribed by paragraph 2 of this subsection, the person
161	303		shall be required to pay an annual designated examiner certification
162	304		fee of Five Hundred Dollars ($500.00) . If an applicant for the
163	305		designated examiner program is employed by an Oklahoma public school
164	306		system that offers driver education, and he or she administers the
165	307		skills test only to students enrolled in a public school driver
166	308		education program, the certificati on fee may be waived by Service
167	309		Oklahoma. Each designated examiner certification shall expire on
168	310		the last day of the calendar year and may be renewed upon
169	311		application to Service Oklahoma. The designated examiner
170	312		certification fees collected by Service Oklahoma pursuant to this
171	313		subsection shall be deposited to the credit of the Department of
172	314		Public Safety Restricted Revolving Fund to be used for the purposes
173	315		of this subsection, through October 31 , 2022. Beginning November 1,
174	316		2022, the designated examiner certification fees collected by
175	317		Service Oklahoma pursuant to this subsection shall be deposited to
176	318		the credit of the Service Oklahoma Revolving Fund. No designated
177	319		examiner certification fee sha ll be refunded in the event that
178	320		certification is denied, suspended or revoked.
179		-	ENR. H. B. NO. 2750 Page 5
	321	+
	322	+	SENATE FLOOR VERSION - HB2750 SFLR Page 7
	323	+	(Bold face denotes Committee Amendments) 1
	324	+	2
	325	+	3
	326	+	4
	327	+	5
	328	+	6
	329	+	7
	330	+	8
	331	+	9
	332	+	10
	333	+	11
	334	+	12
	335	+	13
	336	+	14
	337	+	15
	338	+	16
	339	+	17
	340	+	18
	341	+	19
	342	+	20
	343	+	21
	344	+	22
	345	+	23
	346	+	24
	347	+
180	348		4. A designated examiner may charge a fee for each Class D
181	349		driving skills examination given, whether the person being examined
182	350		passes or fails the examination.
183	351		5. Service Oklahoma shall conduct an annual complete nationwide
184	352		criminal history background check on each designated examiner and a
185	353		complete nationwide criminal history background check on each
186	354		designated examiner applicant. The fees for the background check
187	355		shall be borne by the designated examiner or designated examiner
188	356		applicant.
189		-
190	357		6. The Department of Public Safety, in conjunction with Service
191	358		Oklahoma, shall promulgate rules to implement and administer the
192	359		provisions of this subsection.
193		-
194	360		E. 1. Upon application and approval o f Service Oklahoma, any
195	361		public or private commercia l truck driving school that has or
196	362		maintains a program instructing students for a Class A, B or C
197	363		license, public transit agency or, state, county or municipal
198	364		government agency in this state, such as local school districts, the
199	365		Oklahoma Department of Career and Technology Education, or
200	366		institutions of higher education , or a private entity, shall be
201	367		authorized to hire or employ designated examiners approved by
202	368		Service Oklahoma to be third-party examiners of the Class A, B or C
203	369		driving skills portion and/or knowledge written portion, pursuant to
204	370		paragraph A of this section, of the Oklahoma driving examination.
205	371		All designated examiners must successfully have completed the
	372	+
	373	+	SENATE FLOOR VERSION - HB2750 SFLR Page 8
	374	+	(Bold face denotes Committee Amendments) 1
	375	+	2
	376	+	3
	377	+	4
	378	+	5
	379	+	6
	380	+	7
	381	+	8
	382	+	9
	383	+	10
	384	+	11
	385	+	12
	386	+	13
	387	+	14
	388	+	15
	389	+	16
	390	+	17
	391	+	18
	392	+	19
	393	+	20
	394	+	21
	395	+	22
	396	+	23
	397	+	24
	398	+
206	399		courses and training as outlined in paragraph 2 of this subsec tion.
207	400		Service Oklahoma shall be required to approve at least one public
208	401		transit agency that has or mainta ins a program instructing students
209	402		for a Class A, B or C license to hire or employ third-party
210	403		examiners pursuant to t his section. It shall be permissible for any
211	404		public transit agency operating in the State of Oklahoma to utilize
212	405		the third-party examiners hired or employed by a public transit
213	406		agency approved by Service Oklahoma.
214		-
215	407		2. The Department of Public Safety, in conjunction with Service
216	408		Oklahoma, shall adopt a curriculum of required courses and training
217	409		to be offered to third-party examiners. The courses and training
218	410		for certification shall meet the same standards as required for
219	411		commercial driver examiners of Service Oklahoma.
220		-
221	412		3. Service Oklahoma shall require each thi rd-party examiner
222	413		applicant and commercial school driver education instructor
223	414		applicant to submit to an electronic national criminal history
224		-	record check pursuant to Section 150.9 of Title 74 of the Oklahoma ~~ENR. H. B. NO. 2750 Page 6~~
	415	+	record check pursuant to Section 150.9 of Title 74 of the Oklahoma
225	416		Statutes. On or before December 1, 2022, Service Oklahoma shall
226	417		require each third-party examiner or commercial school driver
227	418		education instructor to submit to an electronic national criminal
228	419		history record check pursuant to Section 150.9 of Tit le 74 of the
229	420		Oklahoma Statutes. The fees for the background check shall be borne
230	421		by the third-party examiner, third-party examiner applicant,
	422	+
	423	+	SENATE FLOOR VERSION - HB2750 SFLR Page 9
	424	+	(Bold face denotes Committee Amendments) 1
	425	+	2
	426	+	3
	427	+	4
	428	+	5
	429	+	6
	430	+	7
	431	+	8
	432	+	9
	433	+	10
	434	+	11
	435	+	12
	436	+	13
	437	+	14
	438	+	15
	439	+	16
	440	+	17
	441	+	18
	442	+	19
	443	+	20
	444	+	21
	445	+	22
	446	+	23
	447	+	24
	448	+
231	449		commercial school driver education instructor or commercial school
232	450		driver education instructor applicant.
233		-
234	451		F. Service Oklahoma shall promulgate rules to:
235		-
236	452		1. Implement and administer the provisions of this section
237	453		based on requirements set forth in Section 383.75 of Title 49 of the
238	454		Code of Federal Regulations;
239		-
240	455		2. Establish a process to inform any school, public transit
241	456		agency, examiner, or state, county or municipal government agency,
242	457		who has been denied, within forty-five (45) days from the denial;
243		-
244	458		3. Create an appeal process for any school, public transit
245	459		agency, examiner, or state, county or municipal government agency
246	460		denied; and
247		-
248	461		4. If the initial application for approval was denied, limit
249	462		the number of times an individual school, public transit agency,
250	463		individual examiner applicant, or state, county or municipal
251	464		government agency may reapply in a calendar year to two
252	465		reapplications.
253		-
254	466		SECTION 2. This act shall become effective November 1, 2023.
255		-	ENR. H. B. NO. 2750 Page 7
256		-	Passed the House of Representatives the 9th day of March, 2023.
257		-
258		-
259		-
260		-
261		-	Presiding Officer of the House
262		-	of Representatives
263		-
264		-
265		-
266		-	Passed the Senate the 19th day of April, 2023.
267		-
268		-
269		-
270		-
271		-	Presiding Officer of the Senate
272		-
273		-
274		-
275		-	OFFICE OF THE GOVERNOR
276		-	Received by the Office of the Governor this ____________________
277		-	day of ___________________, 20_______, at _______ o'clock _______ M.
278		-	By: _________________________________
279		-	Approved by the Governor of the State of Oklahoma this _____ ____
280		-	day of ___________________, 20_______, at _______ o'clock _______ M.
281		-
282		-
283		-	_________________________________
284		-	Governor of the State of Oklahoma
285		-
286		-	OFFICE OF THE SECRETARY OF STATE
287		-	Received by the Office of the Secretary of State this __________
288		-	day of ___________________, 20_______, at _______ o'clock _______ M.
289		-	By: _________________________________
	467	+	COMMITTEE REPORT BY: COMMITTEE ON AERONAUTICS AND TRANSPORTATION
	468	+	April 11, 2023 - DO PASS