OK
Oklahoma Senate Bill SB622

Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB622 Compare Versions

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28-STATE OF OKLAHOMA
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30-1st Session of the 59th Legislature (2023)
31-
32-CONFERENCE COMMITTEE SUBSTITUTE
33-FOR ENGROSSED
34-SENATE BILL 622 By: Hall of the Senate
3+ENGR. H. A. to ENGR. S. B. NO. 622 Page 1 1
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28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 622 By: Hall of the Senate
3531
3632 and
3733
3834 Kerbs of the House
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4339
44-CONFERENCE COMMITTEE SUBSTITUTE
45-
46-An Act relating to Service Oklahoma; amending 22 O.S.
47-2021, Sections 471.6, as amended by Section 5,
48-Chapter 277, O.S.L. 2022, 991a, as amended by Section
49-2, Chapter 469, O.S.L. 2021, 1111.2, 1115.1, 1115.1A,
50-and 1115.5 (22 O.S. Supp. 2022, Section 471.6), which
51-relate to final eligibility hearing, suspension of
52-driving privileges, sentencing powers of the court,
53-failure to appear for arraignment, release on
54-personal recognizance, release on personal
55-recognizance for traffic violation, and Depart ment of
56-Public Safety powers and duties relative to
57-suspension of driving privilege; revising references;
58-amending 42 O.S. 2021, Sections 90, 91, as amended by
59-Section 1 of Enrolled House Bill No. 1927 of the 1st
60-Session of the 59th Oklahoma Legislature, and 91A, as
61-amended by Section 2 of Enrolled House Bill No. 1927
62-of the 1st Session of the 59th Oklahoma Legislature,
63-which relate to notice preparers to register and
64-liens on certain person al property for service;
65-modifying references; amending 47 O.S. 2021, Sections
66-2-106, as amended by Section 28, Chapter 282, O.S.L.
67-2022, 2-108.3, as amended by Section 29, Chapter 282,
68-O.S.L. 2022, and Sections 1, 2, 3, 4, 6, 7, 8, and
69-10, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
70-Sections 2-106, 2-108.3, 3-101, 3-102, 3-103, 3-104,
71-3-106, 3-107, 3-108, and 3-110), which relates to the
72-driver license services, motor vehicle ownership and
73-registration information, creation of Service
74-Oklahoma, definitions, powers of the Director,
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101-Operator Board, Service Oklahoma Revolving Fund ,
102-creating a Petty Cash Fund, records, and interagency
103-agreements; providing for purposes; prohibiting
104-certain purchase; authorizing creation of forms,
105-systems and procedures; separating agencies; amending
106-47 O.S. 2021, Sections 6-101, as last amended by
107-Section 37, Chapter 28 2, O.S.L. 2022, 6-102, as last
108-amended by Section 39, Chapter 282, O.S.L. 2022, 6-
109-105, as last amended by Section 5 of Enrolled House
110-Bill No. 2133 of the 1st Session of the 59th Oklahoma
111-Legislature, 6-110, as last amended by Section 1 of
112-Enrolled House Bill No. 2750 of the 1st Session of
113-the 59th Oklahoma Legislature , 6-111, as last amended
114-by Section 1 of Enrolled Senate Bill No. 682 of the
115-1st Session of the 59th Legislature, 6-113, 6-116, as
116-amended by Section 56, Chap ter 282, O.S.L. 2022, 6-
117-117, as amended by Section 57, Chapter 282, O.S.L.
118-2022, 6-205.1, as amended by Section 1, Chapter 376,
119-O.S.L. 2022, 6-211, as last amended by Section 2,
120-Chapter 376, O.S.L. 2022, 156.1, as last amended by
121-Section 3 of Enrolled House Bill No. 2253 of the 1st
122-Session of the 59th Oklahoma Legislature , 752, 753,
123-as amended by Section 6, Chapter 376, O.S.L. 2022,
124-754, as amended by Section 7, Chapter 376, O.S.L.
125-2022, 761, 802, 803, 804, 805, 806, 1104, as last
126-amended by Section 1, Chapter 363, O.S.L. 2022, 1109,
127-as amended by Section 121, Chapter 282, O.S.L. 2022,
128-1135.5, as last amended by Section 23 of Enrolled
129-Senate Bill No. 782 of the 1st Session of the 59th
130-Oklahoma Legislature , and 1140, as amended by Se ction
131-174, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
132-Sections 6-101, 6-102, 6-105, 6-110, 6-111, 6-116, 6-
133-117, 6-205.1, 6-211, 753, 754, 1104, 1109, 1135.5,
134-and 1140), which relate to class requirements for
135-driver licenses, persons exempt from license
136-requirements, graduated Class D licenses, examination
137-of applicants, issuance of license or identification
138-card, restricted licenses, notice of change of
139-address or name, records kept by the Department,
140-periods of revocation, right of appeal to district
141-court, use of state-owned vehicles, administration of
142-tests, refusal to submit to test, seizure of
143-licenses, operation of motor vehicle while impaired,
144-administration and enforcement of human trafficking
145-information, school license, instructor ’s license,
146-license fees, suspension or revocation of license,
147-confidentiality of information, special licens e
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174-plates, and qualifications to locate and operate
175-Service Oklahoma loc ations; modifying period of
176-certain permit; authorizing certain application
177-processing and document recognition; allowing certain
178-fee retention; requiring certain national criminal
179-history record check; requiring certain driving
180-record; setting certain tim e for notification and
181-replacement; authorizing certain use of state owned
182-vehicles; modifying inclusions; modify ing certain
183-number of plates required; requiring certain
184-residency; allowing certain sell or transfer;
185-requiring certain guidelines and require ments;
186-defining terms; modifying references; am ending 63
187-O.S. 2021, Section 1 -229.13, which relates to
188-furnishing of tobacco or vapor products t o persons
189-under 21; modifying references; amending 68 O.S.
190-2021, Section 118, which relates to written
191-estimates; modifying responsible entity; amending 70
192-O.S. 2021, Section 19-115, which relates to
193-coordinator of driver edu cation programs; modifying
194-references; amending 75 O.S. 2021, Section 25 0.4,
195-which relates to compliance with the Administrative
196-Procedures Act; modifying inclusions; updating
197-statutory language; u pdating statutory references;
198-repealing 47 O.S. 2021, Section 2-106, as amended by
199-Section 28, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
200-2022, Section 2-106), which relates to the Driver
201-License Services Division; repealing 47 O.S. 2021,
202-Section 1114.2, as amended by S ection 131, Chapter
203-282, O.S.L. 2022 (47 O .S. Supp. 2022, Section
204-1114.2), which relates to residency requirements for
205-licensed operators; providing an effective date; and
206-declaring an emergency.
40+[ motor vehicles - title - Service Oklahoma -
41+property - authority - transfer - effective date ]
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46+AMENDMENT NO. 1. Page 1, Line 9, strike the enacting clause
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48+
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50+Passed the House of Representatives the 26th day of April, 2023.
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55+
56+Presiding Officer of the House of
57+ Representatives
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59+
60+Passed the Senate the ____ day of _______ ___, 2023.
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66+Presiding Officer of the Senate
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69+ENGR. S. B. NO. 622 Page 1 1
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94+ENGROSSED SENATE
95+BILL NO. 622 By: Hall of the Senate
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97+ and
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99+ Kerbs of the House
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103+
104+[ motor vehicles - title - Service Oklahoma -
105+property - authority - transfer - effective date ]
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210110 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHO MA:
211-SECTION 1. AMENDATORY 22 O.S. 2021, Section 471.6, as
212-amended by Section 5, Chapter 277, O.S.L. 2022 (22 O.S. Supp. 2022,
213-Section 471.6), is amended to read as follows:
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240-Section 471.6. A. The drug court judge shall conduct a hearing
241-as required by subsection F of Section 471.4 of this title to
242-determine final eligibility by considering:
243-1. Whether the offender voluntarily consents to the pro gram
244-requirements;
245-2. Whether to accept the offender based upon the findings and
246-recommendations of the drug court investigation authorized by
247-Section 471.4 of this title;
248-3. Whether there is a written plea agreement, and if so,
249-whether the terms and con ditions of the written negotiated plea
250-between the district attorney, the defense attorney and the offender
251-are appropriate and consistent with the penalty p rovisions and
252-conditions of other similar cases;
253-4. Whether there is an appropriate treatment prog ram available
254-to the offender and whether there is a recommended treatment plan;
255-and
256-5. Any information relevant to determining eligibility;
257-provided, however, an offender shall not be denied admittance to any
258-drug court program based upon an inability to pay court costs or
259-other costs or fees.
260-B. At the hearing to determine final eligibility for the drug
261-court program, the judge shall not grant any admis sion of any
262-offender to the program when:
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289-1. The required treatment plan and plea agreement have not been
290-completed;
291-2. The program funding or availability of treatment has been
292-exhausted;
293-3. The treatment program or drug court team is unwilling to
294-accept the offender;
295-4. The offender does not meet the presumptive eligibility
296-criteria of the program; o r
297-5. The offender is inappropriate for admission to the program,
298-in the discretion of the judge.
299-C. At the final eligibility hearing, if evidence is presented
300-that was not discovered by the drug court investigation, the
301-district attorney or the defense a ttorney may make an objection and
302-may ask the court to withdraw the plea agreement previously
303-negotiated. The court shall determine whether to proc eed and
304-overrule the objection, to sustain the objection and transfer the
305-case for traditional criminal pros ecution or to require further
306-negotiations of the plea or punishment provisions. The decision of
307-the judge for or against eligibility and admission shall be final.
308-D. When the court accepts the treatment plan with the written
309-plea agreement, the offender , upon entering the plea as agreed by
310-the parties, shall be ordered and escorted immediately into the
311-program. The offender must have voluntarily signed the necessary
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338-court documents before the offender may be admitted to treatment.
339-The court documents s hall include:
340-1. Waiver of the offender’s rights to speedy trial;
341-2. A written plea agreement which sets forth the offense
342-charged, the penalty to be imposed for the off ense in the event of a
343-breach of the agreement and the penalty to be imposed, if any, in
344-the event of a successful completion of the treat ment program;
345-provided, however, incarceration shall be prohibited when the
346-offender completes the treatment program;
347-3. A written treatment plan which is subject to modification at
348-any time during the program; and
349-4. A written performance contract requi ring the offender to
350-enter the treatment program as directed by the court and participate
351-until completion, withdrawal or removal by the court.
352-E. If admission into the drug court program is denied, the
353-criminal case shall be returned to the traditional c riminal docket
354-and shall proceed as provided for any other criminal case.
355-F. At the time an offender is admitted to t he drug court
356-program, any bail or undertaking on behalf of the offender shall be
357-exonerated.
358-G. The period of time during which an offen der may participate
359-in the active treatment portion of the drug court program shall be
360-not less than six (6) months no r more than twenty-four (24) months
361-and may include a period of supervision not less than six (6) months
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388-nor more than one (1) year follow ing the treatment portion of the
389-program. The period of supervision may be extended by order of the
390-court for not more than six (6) months. No treatment dollars shall
391-be expended on the offender during the extended period of
392-supervision. If the court or ders that the period of supervision
393-shall be extended, the drug court judge, district attorney, the
394-attorney for the offender and the supervising staff for the drug
395-court program shall evaluate the appro priateness of continued
396-supervision on a quarterly ba sis. All participating treatment
397-providers shall be certified by the Department of Mental Health and
398-Substance Abuse Services and shall be selected and evaluated for
399-performance-based effectiveness annu ally by the Department of Mental
400-Health and Substance Abuse Services. Treatment programs shall be
401-designed to be completed within twelve (12) months and shall have
402-relapse prevention and evaluation components.
403-H. The drug court judge shall order the offe nder to pay court
404-costs, treatment costs, drug testin g costs, a program user fee not
405-to exceed Twenty Dollars ($20.00) per month and necessary
406-supervision fees, unless the offender is indigent. The drug court
407-judge shall establish a schedule for the payme nt of costs and fees.
408-The cost for treatment, drug t esting and supervision shall be set by
409-the treatment and supervision providers respectively and made part
410-of the court’s order for payment. User fees shall be set by the
411-drug court judge within the maxi mum amount authorized by this
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438-subsection and payable directly to the court clerk for the benefit
439-and administration of the drug court program. Treatment, drug
440-testing and supervision costs shall be paid to the respective
441-providers. The court clerk shall collect all other costs and fees
442-ordered and deposit such costs and fees with the county treasurer in
443-a drug court fund created and administered pursuant to subsection I
444-of Section 471.1 of this title. The remaining user fees shall be
445-remitted to the Stat e Treasurer by the court clerk for deposit in
446-the Department of Mental Health and Substance Abuse Services’ Drug
447-Abuse Education and Treatment Revolving Fund established p ursuant to
448-Section 2-503.2 of Title 63 of the Oklahoma Statutes. Court orders
449-for costs and fees pursuant to this subsection shall not be limited
450-for purposes of collection to the maximum term of imprisonment for
451-which the offender could have been impriso ned for the offense, nor
452-shall any court order for costs and fees be limited by any t erm of
453-probation, parole, supervision, treatment or e xtension thereof.
454-Court orders for costs and fees shall remain an obligation of the
455-offender until fully paid; provid ed, however, once the offender has
456-successfully completed the drug court program, the drug court judge
457-shall have the discretion to expres sly waive all or part of the
458-costs and fees provided for in this subsection if, in the opinion of
459-the drug court judge , continued payment of the costs and fees by the
460-offender would create a financial ha rdship for the offender.
461-Offenders who have not full y paid all costs and fees pursuant to
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488-court order but who have otherwise successfully completed the drug
489-court program shall not be counted as an active drug court
490-participant for purposes of drug court contracts or program
491-participant numbers.
492-I. Notwithstanding any other provision of law, if the driving
493-privileges of the offender have been suspended, revoked, canceled or
494-denied by the Department of Public Safety Service Oklahoma and if
495-the drug court judge determines that no other means of
496-transportation for the offender is available, the drug court judge
497-may enter a written order requiring the Department of Public Safe ty
498-Service Oklahoma to stay any and all such actions against the Class
499-D driving privileges of the offender; provided, the stay shall not
500-be construed to grant driving privileges to an offender who has not
501-been issued a driver license by the Department Service Oklahoma or
502-whose Oklahoma driver license has expired, in which case the
503-offender shall be required to apply for and be found eligibl e for a
504-driver license, pass all examinations, if applicable, and pay all
505-statutory driver license issuance or renewal fees. The offender
506-shall provide proof of insurance to the drug court judge prior t o
507-the judge ordering a stay of any driver license sus pension,
508-revocation, cancellation or denial. When a judge of a drug court
509-enters a stay against an order by the Department of Public Safety
510-Service Oklahoma suspending or revoking the driving privileges of an
511-offender, the time period set in the order by the Department Service
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538-Oklahoma for the suspension or revocation shall continue to run
539-during the stay. When an offen der has successfully completed the
540-drug court program, the drug court judge shall mai ntain jurisdiction
541-over the offender’s driving privileges for one (1) year after the
542-date on which the offender graduates from the drug court program.
543-SECTION 2. AMENDATORY 22 O.S. 2021, Section 991a, as
544-amended by Section 2, Chapter 469, O.S.L. 2021, is amended to read
545-as follows:
546-Section 991a. A. Except as otherwise provided in the Elderly
547-and Incapacitated Victim’s Protection Program, when a defendant is
548-convicted of a crime and no death sentence is im posed, the court
549-shall either:
550-1. Suspend the execution of sentence in whole or in part, with
551-or without probation. The court, in addition, may order the
552-convicted defendant at the time of sentencing or at any time during
553-the suspended sentence to do one or more of the following:
554-a. to provide restitution to the victim as provided by
555-Section 991f et seq. of this title or according to a
556-schedule of payments established by the sentencing
557-court, together with interest upon any pecuniary sum
558-at the rate of twelve percent (12%) per annum, if the
559-defendant agrees to pay such restitution or, in the
560-opinion of the court, if the defendant is able to pay
561-such restitution without imposing manifest hardship on
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588-the defendant or the immediate family and if the
589-extent of the damage to the victim is determinable
590-with reasonable certainty,
591-b. to reimburse any state agency for amounts paid by the
592-state agency for hospital and medical expenses
593-incurred by the victim or victims, as a result of the
594-criminal act for which such p erson was convicted,
595-which reimbursement shall be made directly to the
596-state agency, with interest accruing thereon at the
597-rate of twelve percent (12%) per annum,
598-c. to engage in a term of community service without
599-compensation, according to a schedule con sistent with
600-the employment and family responsibilities of the
601-person convicted,
602-d. to pay a reasonable sum into any trust fund
603-established pursuant to the provisions of Sections 176
604-through 180.4 of Title 60 of the Oklahoma Statutes and
605-which provides restitution payments by convicted
606-defendants to victims of crimes committed within this
607-state wherein such victim has incurred a financial
608-loss,
609-e. to confinement in the county jail for a period not to
610-exceed six (6) months,
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637-f. to confinement as provided by l aw together with a term
638-of post-imprisonment community supervision for not
639-less than three (3) years of the total term allowed by
640-law for imprisonment, with or without restitution;
641-provided, however, the authority of this provision is
642-limited to Section 84 3.5 of Title 21 of the Oklahoma
643-Statutes when the offense involved sexual abuse or
644-sexual exploitation; Sections 681, 741 and 843.1 of
645-Title 21 of the Oklahoma Statutes when the offense
646-involved sexual abuse or sexual exploitation; and
647-Sections 865 et seq. , 885, 886, 888, 891, 1021,
648-1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1115 and
649-1123 of Title 21 of the Oklahoma Statutes,
650-g. to repay the reward or part of the reward paid by a
651-local certified crime stoppers program and the
652-Oklahoma Reward System. In determining whether the
653-defendant shall repay the reward or part of the
654-reward, the court shall consider the ability of the
655-defendant to make the payment, the financial hardship
656-on the defendant to make the required payment and the
657-importance of the inform ation to the prosecution of
658-the defendant as provided by the arresting officer or
659-the district attorney with due regard for the
660-confidentiality of the records of the local certified
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687-crime stoppers program and the Oklahoma Reward System.
688-The court shall assess this repayment against the
689-defendant as a cost of prosecution. The term
690-“certified” means crime stoppers organizations that
691-annually meet the certification standards for crime
692-stoppers programs established by the Oklahoma Crime
693-Stoppers Association t o the extent those standards do
694-not conflict with state statutes. The term “court”
695-refers to all municipal and district courts within
696-this state. The “Oklahoma Reward System” means the
697-reward program established by Section 150.18 of Title
698-74 of the Oklahoma Statutes,
699-h. to reimburse the Oklahoma State Bureau of
700-Investigation for costs incurre d by that agency during
701-its investigation of the crime for which the defendant
702-pleaded guilty, nolo conten dere or was convicted
703-including compensation for laboratory, technical or
704-investigation services performed by the Bureau if, in
705-the opinion of the cou rt, the defendant is able to pay
706-without imposing manifest hardship on the defendant,
707-and if the costs inc urred by the Bureau during the
708-investigation of the defendan t’s case may be
709-determined with reasonable certainty,
710-
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736-i. to reimburse the Oklahoma State B ureau of
737-Investigation and any authorized law enforcement
738-agency for all costs incurred by that agency for
739-cleaning up an illegal drug laboratory site for which
740-the defendant pleaded guilty, nolo contendere or was
741-convicted. The court clerk shall collect the amount
742-and may retain five percent (5%) of such monies to be
743-deposited in the Court Clerk’s Revolving Fund to cover
744-administrative costs and shall remit the remai nder to
745-the Oklahoma State Bureau of Investigation to be
746-deposited in the OSBI Revolving F und established by
747-Section 150.19a of Title 74 of the Oklahoma Statutes
748-or to the general fund wherein the other law
749-enforcement agency is located,
750-j. to pay a reasonable sum to the Crime Victims
751-Compensation Board, created by Section 142.2 et seq.
752-of Title 21 of the Oklahoma Statutes, for the benefit
753-of crime victims,
754-k. to reimburse the court fund for amount s paid to court-
755-appointed attorneys for representing the def endant in
756-the case in which the person is being sentenced,
757-l. to participate in an assessm ent and evaluation by an
758-assessment agency or assessment personnel certified by
759-the Department of Mental H ealth and Substance Abuse
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785-
786-Services pursuant to Section 3 -460 of Title 43A of the
787-Oklahoma Statutes and, as determined by the
788-assessment, participate i n an alcohol and drug
789-substance abuse course or treatment program or both,
790-pursuant to Sections 3-452 and 3-453 of Title 43A of
791-the Oklahoma Statutes, or as ordered b y the court,
792-m. to be placed in a vic tims impact panel program, as
793-defined in subsection H of this section, or
794-victim/offender reconciliation program and payment of
795-a fee to the program of Seventy -five Dollars ($75.00)
796-as set by the governing authority of the program to
797-offset the cost of par ticipation by the defendant.
798-Provided, each victim/o ffender reconciliation program
799-shall be required to obtain a written consent form
800-voluntarily signed by th e victim and defendant that
801-specifies the methods to be used to resolve the
802-issues, the obligatio ns and rights of each person and
803-the confidentiality of the proceedings. Volunteer
804-mediators and employees of a victim/offender
805-reconciliation program shall b e immune from liability
806-and have rights of confidentiality a s provided in
807-Section 1805 of Title 1 2 of the Oklahoma Statutes,
808-n. to install, at the exp ense of the defendant, an
809-ignition interlock device approved by the Board of
810-
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835-
836-Tests for Alcohol and Drug In fluence. The device
837-shall be installed upon every motor ve hicle operated
838-by the defendant, and t he court shall require that a
839-notation of this restri ction be affixed to the
840-defendant’s driver license. The restriction shall
841-remain on the driver license no t exceeding two (2)
842-years to be determined by the court. T he restriction
843-may be modified or removed only by order of the court
844-and notice of any modi fication order shall be given to
845-the Department of Public Safety Service Oklahoma.
846-Upon the expiration of the period for the restriction,
847-the Department of Public S afety Service Oklahoma shall
848-remove the restriction without further court order.
849-Failure to comply with the order to install an
850-ignition interlock device or operating any vehicle
851-without a device during the period of restriction
852-shall be a violation of th e sentence and may be
853-punished as deemed proper by the sentencing court. As
854-used in this paragraph, “ignition interlock device”
855-means a device that, without tampering or intervention
856-by another person, would prevent the defendant from
857-operating a motor ve hicle if the defendant has a blood
858-or breath alcohol concentration of two -hundredths
859-(0.02) or greater,
860-
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885-
886-o. to be confined by electronic monitoring administered
887-and supervised by the Department of C orrections or a
888-community sentence provider, and payment o f a
889-monitoring fee to the supervising a uthority, not to
890-exceed Three Hundred Dollars ($300.0 0) per month. Any
891-fees collected pursuant to this subparagraph shall be
892-deposited with the appropriate su pervising authority.
893-Any willful violation of an order of the court for the
894-payment of the monit oring fee shall be a violation of
895-the sentence and may be punished as deemed proper by
896-the sentencing court. As used in this paragraph,
897-“electronic monitoring ” means confinement of the
898-defendant within a specified lo cation or locations
899-with supervision by means of an electronic device
900-approved by the Depart ment of Corrections which is
901-designed to detect if the defendant is in the court-
902-ordered location at the r equired times and which
903-records violations for investigati on by a qualified
904-supervisory agency or person,
905-p. to perform one or more courses of treatme nt, education
906-or rehabilitation for any conditions, behaviors,
907-deficiencies or disorders which may contrib ute to
908-criminal conduct including but not limited to alco hol
909-and substance abuse, mental health, emotional health,
910-
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935-
936-physical health, propensity for vio lence, antisocial
937-behavior, personality or attitudes, deviant sexual
938-behavior, child development, parentin g assistance, job
939-skills, vocational-technical skills, do mestic
940-relations, literacy, education or any other
941-identifiable deficiency which may be treat ed
942-appropriately in the community and for which a
943-certified provider or a program recognized by the
944-court as having significant positive impact exists in
945-the community. Any treatment, education or
946-rehabilitation provider required to be certified
947-pursuant to law or rule shall be certified by the
948-appropriate state agency or a national organization,
949-q. to submit to periodic testing for alcohol,
950-intoxicating substance or controlled dangerous
951-substances by a qualified laboratory,
952-r. to pay a fee or costs for tr eatment, education,
953-supervision, participation in a program or any
954-combination thereof as determined by th e court, based
955-upon the defendant’s ability to pay the fees or costs,
956-s. to be supervised by a De partment of Corrections
957-employee, a private supervisi on provider or other
958-person designated by the court,
959-
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984-
985-t. to obtain positive behavior modeling by a trained
986-mentor,
987-u. to serve a term of confinement in a restr ictive
988-housing facility available in the comm unity,
989-v. to serve a term of confinement in the cou nty jail at
990-night or during weekends pursuant to Section 991a-2 of
991-this title or for work release,
992-w. to obtain employment or participate in employment -
993-related activities,
994-x. to participate in mandatory da y reporting to
995-facilities or persons for services , payments, duties
996-or person-to-person contacts as specified by the
997-court,
998-y. to pay day fines not to exceed f ifty percent (50%) of
999-the net wages earned. For purposes of this paragraph,
1000-“day fine” means the offender is ordered to pay an
1001-amount calculated as a percentage of net daily wages
1002-earned. The day fine shall be paid to the local
1003-community sentencing syste m as reparation to the
1004-community. Day fines sha ll be used to support the
1005-local system,
1006-z. to submit to blood or saliva testing as required by
1007-subsection I of this section,
1008-
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1033-
1034-aa. to repair or restore property damaged by the
1035-defendant’s conduct, if the court determines the
1036-defendant possesses sufficient skill to repair or
1037-restore the property and the vic tim consents to the
1038-repairing or restoring of the property,
1039-bb. to restore damaged property in kind or payment of out-
1040-of-pocket expenses to the victim, if the court is able
1041-to determine the actual out -of-pocket expenses
1042-suffered by the victim,
1043-cc. to attend a victim-offender reconciliation program i f
1044-the victim agrees to participate and the offender is
1045-deemed appropriate for participation,
1046-dd. in the case of a person convicted of prostitution
1047-pursuant to Section 1029 of Title 21 of the Oklahoma
1048-Statutes, require such person to receive counseling
1049-for the behavior which may have caused such person to
1050-engage in prostitution activities. Such person may be
1051-required to receive counseling in areas including but
1052-not limited to alcohol and substance abuse, sexual
1053-behavior problems or domestic abuse or child abuse
1054-problems,
1055-ee. in the case of a sex offender sentenced after November
1056-1, 1989, and required by law to register pursuant to
1057-the Sex Offender Registration Act, the court shall
1058-
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1083-
1084-require the person to comply with sex offender
1085-specific rules and conditions of supervision
1086-established by the Department of Corrections and
1087-require the person to participate in a treatment
1088-program designed for the treatment of sex off enders
1089-during the period of time while the offender is
1090-subject to supervision by the Department o f
1091-Corrections. The treatment program shall include
1092-polygraph examinations specifically designed for use
1093-with sex offenders for purposes of supervision and
1094-treatment compliance, and shall be administered not
1095-less than each six (6) months during the period of
1096-supervision. The examination shall be administered by
1097-a certified licensed polygraph examiner. The
1098-treatment program must be approved by the Department
1099-of Corrections or the Department of Mental Health and
1100-Substance Abuse Services. Such treatment sha ll be at
1101-the expense of the defendant based on the defendant’s
1102-ability to pay,
1103-ff. in addition to other sentencing po wers of the court,
1104-the court in the case of a defendant being sentenced
1105-for a felony conviction f or a violation of Section 2 -
1106-402 of Title 63 of the Oklahoma Statutes which
1107-involves marijuana may require the person to
1108-
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1133-
1134-participate in a drug court program, if available. If
1135-a drug court program is n ot available, the defendant
1136-may be required to participa te in a community
1137-sanctions program, if a vailable,
1138-gg. in the case of a person convicted of any false or
1139-bogus check violation, as defined in Section 1541.4 of
1140-Title 21 of the Oklahoma Statutes, impo se a fee of
1141-Twenty-five Dollars ($25.00) to the victim fo r each
1142-check, and impose a bogus check f ee to be paid to the
1143-district attorney. The bogus check fee paid to the
1144-district attorney shall be equal to the amount
1145-assessed as court costs plus Twenty -five Dollars
1146-($25.00) for each check upon filing of the case in
1147-district court. This money shall be deposited in the
1148-Bogus Check Restitution Program Fund as established in
1149-subsection B of Section 114 of this title.
1150-Additionally, the court may require the of fender to
1151-pay restitution and bogus check fees on any oth er
1152-bogus check or checks that have been submitted to the
1153-Bogus Check Restitution Program, and
1154-hh. any other provision specifically ordered by the court.
1155-However, any such order for restitution, com munity service,
1156-payment to a local certified crime stoppers program, payment to the
1157-Oklahoma Reward System or confinement in the county jail, or a
1158-
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1183-
1184-combination thereof, shall be made in conjunction with probation and
1185-shall be made a condition of the suspend ed sentence.
1186-However, unless under the supervision of the d istrict attorney,
1187-the offender shall be required to pay Forty Dollars ($40.00) per
1188-month to the district attorney during the first two (2) years of
1189-probation to compensate the district attorney fo r the costs incurred
1190-during the prosecution of the offender and for the additional work
1191-of verifying the compliance of the offender with the rules and
1192-conditions of his or her probation. The district attorney may waive
1193-any part of this requirement in the best interests of justice. The
1194-court shall not waive, suspe nd, defer or dismiss the costs of
1195-prosecution in its entirety. However, if the court determines that
1196-a reduction in the fine, costs and costs of prosecution i s
1197-warranted, the court shall equally apply the same percentage
1198-reduction to the fine, costs and c osts of prosecution owed by the
1199-offender;
1200-2. Impose a fine prescribed by law for the offense, with or
1201-without probation or commitment and with or without rest itution or
1202-service as provided for i n this section, Section 991a-4.1 of this
1203-title or Section 227 of Title 57 of the Oklahoma Statute s;
1204-3. Commit such person for confinement provided for by law with
1205-or without restitution as provided for in this section;
1206-4. Order the defendant to reimbur se the Oklahoma State Bureau
1207-of Investigation for costs incurre d by that agency during its
1208-
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1233-
1234-investigation of the crime for which the defendant pleaded guilty,
1235-nolo contendere or was convicted including compensation for
1236-laboratory, technical or investigation services performed by the
1237-Bureau if, in the opinion of the cou rt, the defendant is able to pay
1238-without imposing manifest hardship on the defendant, and if the
1239-costs incurred by the Bureau during the investigation of the
1240-defendant’s case may be determined with reasonable certainty;
1241-5. Order the defendant to reimburse the Oklahoma State Bureau
1242-of Investigation for all c osts incurred by that agency for cleaning
1243-up an illegal drug laboratory site for which the defendant plead ed
1244-guilty, nolo contendere or was convicted. The court clerk shall
1245-collect the amount and may re tain five percent (5%) of such mo nies
1246-to be deposited in the Court Clerk’s Revolving Fund to cover
1247-administrative costs and shall remit the remainder to the Ok lahoma
1248-State Bureau of Investigat ion to be deposited in the OSBI Revolving
1249-Fund established by Se ction 150.19a of Title 74 of the Oklahoma
1250-Statutes;
1251-6. In the case of nonviolent felony offenses, sentence such
1252-person to the Community Service Sentencing Pro gram;
1253-7. In addition to the other sentencing powers of the court, in
1254-the case of a person convic ted of operating or being in co ntrol of a
1255-motor vehicle while the person was under the influence of alcohol,
1256-other intoxicating substance or a combination of a lcohol or another
1257-intoxicating substance, or convicted of operating a motor vehicle
1258-
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1282-24
1283-
1284-while the ability of the person to operate s uch vehicle was impair ed
1285-due to the consumption of alcohol, require such person:
1286-a. to participate in an alcohol and drug assess ment and
1287-evaluation by an assessment agency or assessment
1288-personnel certified by the Department o f Mental Health
1289-and Substance Abuse Services pursuant to Section 3-460
1290-of Title 43A of the Oklahoma Statutes and, as
1291-determined by the assessment, participate in an
1292-alcohol and drug substance abuse course or treatment
1293-program or both, pursuant to Sections 3-452 and 3-453
1294-of Title 43A of the Oklahoma Statutes ,
1295-b. to attend a victims impact panel program, as defined
1296-in subsection H of this section, and to pay a fe e of
1297-Seventy-five Dollars ($75.00) as set by the governing
1298-authority of the program and approved by the court, to
1299-the program to offset the cost of pa rticipation by the
1300-defendant, if in the opinion of the court the
1301-defendant has the ability to pay such fee ,
1302-c. to both participate in the alcohol and drug substance
1303-abuse course or treatment program, pur suant to
1304-subparagraph a of this paragraph and attend a victims
1305-impact panel program, pursuant to subparagraph b of
1306-this paragraph,
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1332-
1333-d. to install, at the expens e of the person, an ignition
1334-interlock device approved by the Board of Tests for
1335-Alcohol and Drug Influence, upon every moto r vehicle
1336-operated by such person and to require that a notation
1337-of this restriction be affixed to the person’s driver
1338-license at the time of reinstatement of the license.
1339-The restriction shall remain on the driver license for
1340-such period as the court sha ll determine. The
1341-restriction may be modified or removed by order of the
1342-court and notice of the order shall be given to the
1343-Department of Public Safety Service Oklahoma. Upon
1344-the expiration of the period for the restriction, the
1345-Department of Public Saf ety Service Oklahoma shall
1346-remove the restriction without further court order.
1347-Failure to comply with the order to install an
1348-ignition interlock device or operating any vehicle
1349-without such device during the period of restrictio n
1350-shall be a violation of the sentence and may be
1351-punished as deemed proper by the sentencing court, or
1352-e. beginning January 1, 1993, to submit to electronical ly
1353-monitored home detention administered and supervised
1354-by the Department of Corrections, and to pay to the
1355-Department a monitoring fee, not to exceed Seventy-
1356-five Dollars ($75.00) a month, to the Department of
1357-
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1382-
1383-Corrections, if in the opinion of the court t he
1384-defendant has the ability to pay such fee. Any fees
1385-collected pursuant to this subparagraph s hall be
1386-deposited in the Department of Corrections Re volving
1387-Fund. Any order by the court for the payment of the
1388-monitoring fee, if willfully disobeyed, may b e
1389-enforced as an indirect contempt of court;
1390-8. In addition to the other sentencing powers of th e court, in
1391-the case of a person convicted of prostit ution pursuant to Section
1392-1029 of Title 21 of the Oklahoma Statutes, require such person to
1393-receive counseling for the behavior which may have caused such
1394-person to engage in prostitution activities. Su ch person may be
1395-required to receive counseling in ar eas including but not limited to
1396-alcohol and substance abuse, sexual behavior problems or domestic
1397-abuse or child abuse problems;
1398-9. In addition to the other sentenc ing powers of the court, in
1399-the case of a person convicted of any crime related to domesti c
1400-abuse, as defined in Section 60.1 of this title, the court may
1401-require the defendant to undergo the trea tment or participate in the
1402-counseling services necessary to bring about the cessation of
1403-domestic abuse against the victim. The defendant may be req uired to
1404-pay all or part of the cost of the treatment or counseling services;
1405-10. In addition to the othe r sentencing powers of the court,
1406-the court, in the case of a sex offender sentenced after Novemb er 1,
1407-
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1432-
1433-1989, and required by law to register pursuant to the Sex Offenders
1434-Registration Act, shall require the defendant to participate in a
1435-treatment program designed specifically for the treatment of sex
1436-offenders, if available. The treatment program wil l include
1437-polygraph examinations specifically designe d for use with sex
1438-offenders for the purpose of supervision and treatment compliance,
1439-provided the examina tion is administered by a certified licensed
1440-polygraph examiner. The treatment program must be a pproved by the
1441-Department of Corrections or the Depar tment of Mental Health and
1442-Substance Abuse Services. Such treatment shall be at the expense of
1443-the defendant based on the ability of the defendant to pay;
1444-11. In addition to the other sentencing powers of the court,
1445-the court, in the case of a person con victed of abuse or neglect of
1446-a child, as defined in Section 1-1-105 of Title 10A of the Oklahoma
1447-Statutes, may require the person to undergo treatment or to
1448-participate in counseling services. The defe ndant may be required
1449-to pay all or part of the cost of the treatment or counseling
1450-services;
1451-12. In addition to the other sentencing powers of the court,
1452-the court, in the case of a person convicted of cruelty to anim als
1453-pursuant to Section 1685 of Title 21 of the Oklahoma Statutes, may
1454-require the person to pay restitution to animal facilities for
1455-medical care and any boarding costs of victimized animals;
1456-
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1481-
1482-13. In addition to the other sentencing powers of the court, a
1483-sex offender who is habitual or aggr avated as defined by Section 584
1484-of Title 57 of the Oklahoma Statutes and who is required to register
1485-as a sex offender pursuant to the Sex Offenders Registrat ion Act
1486-shall be supervised by the Department of Corrections for the
1487-duration of the registration period and shall be assigned to a
1488-global position monitoring device by the Department of Corrections
1489-for the duration of the registration period. The cost of such
1490-monitoring device shall be reimbursed by the offender;
1491-14. In addition to the other senten cing powers of the court, in
1492-the case of a sex offe nder who is required by law to register
1493-pursuant to the Sex Offenders Registration Act, the court may
1494-prohibit the person from accessing or using any Internet social
1495-networking website that has the potenti al or likelihood of allowing
1496-the sex offender to ha ve contact with any child who is under the age
1497-of eighteen (18) years;
1498-15. In addition to the other sentenc ing powers of the court, in
1499-the case of a sex offender who i s required by law to register
1500-pursuant to the Sex Offenders Registration Act, the court shall
1501-require the person to register any electronic mail address
1502-information, instant message, chat or other Internet communication
1503-name or identity information that th e person uses or intends to use
1504-while accessing the Internet or used for other purposes of social
1505-networking or other similar Internet communication; or
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1532-16. In addition to the other sentencing po wers of the court,
1533-and pursuant to the terms and conditions of a written plea
1534-agreement, the court may prohibit the defendant from entering,
1535-visiting or residing within the judicial district in which the
1536-defendant was convicted until after completion of hi s or her
1537-sentence; provided, however, the court shall ensure that the
1538-defendant has access to tho se services or programs for which the
1539-defendant is required to participate as a condition of probation.
1540-When seeking to enter the prohibited judicial district for personal
1541-business not related to his or her criminal ca se, the defendant
1542-shall be required to obtain approval by the court.
1543-B. Notwithstanding any other provision of law, any person who
1544-is found guilty of a violation of any provision of Section 761 o r
1545-11-902 of Title 47 of the Oklahoma Statutes or any person pleading
1546-guilty or nolo contendere fo r a violation of any provision of such
1547-sections shall be ordered to participate in, prior to sentencing, an
1548-alcohol and drug assessment and evaluation by an as sessment agency
1549-or assessment personnel certified by the Dep artment of Mental Health
1550-and Substance Abuse Services for the purpose of evaluating t he
1551-receptivity to treatment and prognosis of the person. The court
1552-shall order the person to reimburse the age ncy or assessor for the
1553-evaluation. The fee shall be the am ount provided in subsection C of
1554-Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation
1555-shall be conducted at a certified assessment agency, the office of a
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1582-certified assessor or at another location as ordered by the court.
1583-The agency or assessor shall, within seventy -two (72) hours from the
1584-time the person is assessed, subm it a written report to the court
1585-for the purpose of assisting the court in its final sentencing
1586-determination. No person, agency or facility operating an alcohol
1587-and drug substance abuse evaluation program c ertified by the
1588-Department of Mental Health and Substance Abuse Services shall
1589-solicit or refer any person evaluated pursuant to this subsection
1590-for any treatment program or alcohol and drug substance abuse
1591-service in which such person, agency or facility has a vested
1592-interest; however, this provision s hall not be construed to prohibit
1593-the court from ordering participation in or any person from
1594-voluntarily utilizing a treatment program or alcohol and drug
1595-substance abuse service offered by such person, agen cy or facility.
1596-If a person is sentenced to the custody of the Department of
1597-Corrections and the court has received a written evaluation report
1598-pursuant to this subsection, the report shall be furnished to the
1599-Department of Corrections with the judgment a nd sentence. Any
1600-evaluation report submitted to the court pursuant to this subsection
1601-shall be handled in a manner which will keep such report
1602-confidential from the general public’s review. Nothing contained in
1603-this subsection shall be construed to prohi bit the court from
1604-ordering judgment and sentenc e in the event the defendant fails or
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1631-refuses to comply with an order of the court to obtain the
1632-evaluation required by this subsection.
1633-C. When sentencing a person convi cted of a crime, the court
1634-shall first consider a program of restitution for the vic tim, as
1635-well as imposition of a fine or incarceration of the offender. The
1636-provisions of paragraph 1 of subsect ion A of this section shall not
1637-apply to defendants being se ntenced upon their third or subsequen t
1638-to their third conviction of a felony or, beg inning January 1, 1993,
1639-to defendants being sentenced for their second or subsequent felony
1640-conviction for viola tion of Section 11-902 of Title 47 of the
1641-Oklahoma Statutes, except as otherwise provided in this subsection.
1642-In the case of a person being sen tenced for his or her second or
1643-subsequent felony conviction for violation of Section 11-902 of
1644-Title 47 of the Oklahoma Statutes, the court may sentence the person
1645-pursuant to the provisions of paragraph 1 of subsection A of this
1646-section if the court orde rs the person to submit to electronically
1647-monitored home detention administered and supervised by the
1648-Department of Corrections pursuant to subparagraph e of paragraph 7
1649-of subsection A of this section. Provi ded, the court may waive
1650-these prohibitions upo n written application of the district
1651-attorney. Both the application and the waiver shall be made part of
1652-the record of the case.
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1679-D. When sentencing a person convicted of a crime, the judge
1680-shall consider any victim impact statements if submitted to the
1681-jury, or the judge in the event a jury is waived.
1682-E. Probation, for purposes of subsection A of this section, i s
1683-a procedure by which a defendant found guilty of a crime, whether
1684-upon a verdict or plea of gui lty or upon a plea of nolo contendere,
1685-is released by the court subject to conditions imposed by the court
1686-and subject to supervision by the Department of Corr ections, a
1687-private supervision provider or other person desi gnated by the
1688-court. Such supervisio n shall be initiated upon an order of
1689-probation from the court, and shall not exceed two (2) years, unless
1690-a petition alleging a violation of any condition of deferred
1691-judgment or seeking revocation of the suspended sen tence is filed
1692-during the supervision , or as otherwise provided by law. In the
1693-case of a person convicted of a sex offense, supervision shall begin
1694-immediately upon release from incarceration or if parole is granted
1695-and shall not be limited to two (2) yea rs. Provided further, any
1696-supervision provided for in this section may be extende d for a
1697-period not to exceed the expiration of the maximum term or terms of
1698-the sentence upon a determination by t he court or the Division of
1699-Probation and Parole of the Depa rtment of Corrections that the best
1700-interests of the public and the release will b e served by an
1701-extended period of supervision.
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1728-F. The Department of Corrections, or such other agency as the
1729-court may designate, shall be responsible for the monitoring and
1730-administration of the restitution an d service programs provided for
1731-by subparagraphs a, c and d of paragraph 1 of subsection A of this
1732-section, and shall ensure that restitution payments are forw arded to
1733-the victim and that service assignments are properl y performed.
1734-G. 1. The Department o f Corrections is hereby authorized,
1735-subject to funds available through appropriation by the Legislature,
1736-to contract with counties for the administration of co unty Community
1737-Service Sentencing Programs.
1738-2. Any offender eligible to participate in the Progr am pursuant
1739-to this section shall be eligi ble to participate in a county
1740-Program; provided, participation in county-funded Programs shall not
1741-be limited to offenders who would otherwise be sentenced to
1742-confinement with the Department of Corrections.
1743-3. The Department shall establish criteria and specifications
1744-for contracts with counties for such Programs. A county may apply
1745-to the Department for a contract fo r a county-funded Program for a
1746-specific period of time. Th e Department shall be responsible for
1747-ensuring that any contracting county com plies in full with
1748-specifications and requirements of the contract. The contract shall
1749-set appropriate compensation t o the county for services to the
1750-Department.
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1777-4. The Department is hereby authorized to provide t echnical
1778-assistance to any county in est ablishing a Program, regardless of
1779-whether the county enters into a contract pursuant to this
1780-subsection. Technical as sistance shall include appropriate
1781-staffing, development of community resources, sponsorship,
1782-supervision and any other requirements.
1783-5. The Department shall annually make a report to the Governor,
1784-the President Pro Tempore of the Senate and the Speaker o f the House
1785-on the number of such Programs, the number of pa rticipating
1786-offenders, the success ra tes of each Program according to criter ia
1787-established by the Department and the costs of each Program.
1788-H. As used in this section:
1789-1. “Ignition interlock dev ice” means a device that, without
1790-tampering or intervention by another person, would prevent the
1791-defendant from operating a motor vehi cle if the defendant has a
1792-blood or breath alcohol concentration of two-hundredths (0.02) or
1793-greater;
1794-2. “Electronically monitored home detention” means
1795-incarceration of the defenda nt within a specified location or
1796-locations with monitoring by means of a device approved by the
1797-Department of Corrections that detects if the person leaves the
1798-confines of any specified location; and
1799-3. “Victims impact panel program” means a program cond ucted by
1800-a corporation registered wit h the Secretary of State in Oklahom a for
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1827-the sole purpose of operating a victims impact panel program. The
1828-program shall include live presentations from prese nters who will
1829-share personal stories with participants abou t how alcohol, drug
1830-abuse, the operation of a motor vehicle while using an electronic
1831-communication device or the illegal conduct of others has personally
1832-impacted the lives of the presenters. A victims impact panel
1833-program shall be attended by persons wh o have committed the offense
1834-of driving, operating or being in actual ph ysical control of a motor
1835-vehicle while under the influence of alcohol or other intoxicating
1836-substance, operating a motor ve hicle while the ability of the person
1837-to operate such vehicl e was impaired due to the consumption of
1838-alcohol or any other substance or operating a motor vehicle while
1839-using an electronic device or by persons who have been convicted of
1840-furnishing alcoholic beverage to persons under twenty-one (21) years
1841-of age, as provided in Sections 6-101 and 6-120 of Title 37A of the
1842-Oklahoma Statutes. Persons attending a victims impact panel program
1843-shall be required to pay a fee of Seventy-five Dollars ($75.00) to
1844-the provider of the program. A certificate of completion shall be
1845-issued to the person upon satisfyi ng the attendance and fee
1846-requirements of the victims impact panel program. The certificate
1847-of completion shall contain the business identification number of
1848-the program provider. A certified assessment agency, certif ied
1849-assessor or provider of an alcoho l and drug substance abuse course
1850-shall be prohibited from providing a victims impact panel program
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1877-and shall further be prohibited from having any proprietary or
1878-pecuniary interest in a victims impact panel program. T he provider
1879-of the victims impact pan el program shall carry general liab ility
1880-insurance and maintain an accurate accounting of all business
1881-transactions and funds received in relation to the victi ms impact
1882-panel program. Beginning October 1, 2020, and eac h October 1
1883-thereafter, the provider of the victims impact panel program shall
1884-provide to the District Attorneys Council the following:
1885-a. proof of registration with the Oklahoma Secretary of
1886-State,
1887-b. proof of general liability insurance,
1888-c. end-of-year financial statements prepared by a
1889-certified public accountant,
1890-d. a copy of federal income tax returns filed with the
1891-Internal Revenue Service,
1892-e. a registration fee of One Thousand Dollars
1893-($1,000.00). The registration fee shall be deposited
1894-in the District Attorneys Council Revolving Fun d
1895-created in Section 215.28 of T itle 19 of the Oklahoma
1896-Statutes, and
1897-f. a statement certifying that the provider of the
1898-victims impact panel program has comp lied with all of
1899-the requirements set forth in this paragr aph.
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1925-
1926-I. A person convicted of a felon y offense or receiving any form
1927-of probation for an offen se in which registration is required
1928-pursuant to the Sex Offenders Registration Act, shall submit to
1929-deoxyribonucleic acid (DNA) testing for law enforcement
1930-identification purposes in accordance with Section 150.27 of Title
1931-74 of the Oklahoma Statutes and the rules promulgated by the
1932-Oklahoma State Bureau of Investigation for the OSBI Combined DNA
1933-Index System (CODIS) Database. Subject to the availability of
1934-funds, any person convicted of a misdemean or offense of assault and
1935-battery, domestic abuse, stalki ng, possession of a controlled
1936-substance prohibited under the Uniform Controlled Dangerous
1937-Substances Act, outraging public decency, resisting arrest, escape
1938-or attempting to escape, eluding a police officer, Peeping Tom,
1939-pointing a firearm, threatening an act of violence, breaking and
1940-entering a dwelling place, destruction of property, negligent
1941-homicide or causing a personal injury accident while driving under
1942-the influence of any intoxicating subst ance, or any alien unlawfully
1943-present under federal immig ration law, upon arrest, shall submit to
1944-DNA testing for law enforcement identification purposes in
1945-accordance with Section 150.27 of Title 74 of the Oklahoma St atutes
1946-and the rules promulgated by th e Oklahoma State Bureau of
1947-Investigation for the OSBI Com bined DNA Index System (CODIS)
1948-Database. Any defendant sentenced to probation shall be required to
1949-submit to testing within thirty (30) days of sentencing eithe r to
1950-
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1976-the Department of Corrections or to the county sheriff or other
1977-peace officer as directed by the court. Defendants who are
1978-sentenced to a term of incarceration shall submit to testing in
1979-accordance with Section 530.1 of Title 57 of the Oklahoma Statu tes,
1980-for those defendants who enter th e custody of the Department of
1981-Corrections or to the coun ty sheriff, for those defendants sentenced
1982-to incarceration in a county jail. Convicted individuals w ho have
1983-previously submitted to DNA testing under this sect ion and for whom
1984-a valid sample is on file in the OSBI Combined DNA In dex System
1985-(CODIS) Database at the time of sentencing shall not be required to
1986-submit to additional testing. Except as require d by the Sex
1987-Offenders Registration Act, a deferred judgmen t does not require
1988-submission to DNA testing.
1989-Any person who is incarcerated in the custody of the Department
1990-of Corrections after July 1, 1996, and who has not been released
1991-before January 1, 200 6, shall provide a blood or saliva sample prior
1992-to release. Every person subject to DNA testing after January 1,
1993-2006, whose sentence does not include a t erm of confinement with the
1994-Department of Corrections shall submit a blood or saliva sample.
1995-Every person subject to DNA testing who is sentenced to unsupervise d
1996-probation or otherwise not supervis ed by the Department of
1997-Corrections shall submit for blood or saliva testing to the sheriff
1998-of the sentencing county.
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2025-J. Samples of blood or saliva for DNA t esting required by
2026-subsection I of this section shall be take n by employees or
2027-contractors of the Department of Corrections, peace officers, or the
2028-county sheriff or employees or contractors of the sheriff’s office.
2029-The individuals shall be properly train ed to collect blood or saliva
2030-samples. Persons collecting bl ood or saliva for DNA testing
2031-pursuant to this section shall be immune from civil liabilities
2032-arising from this activity. All collectors of DNA samples shall
2033-ensure the collection of samples are mailed to the Oklahoma State
2034-Bureau of Investigation within ten (10) days of the time the subjec t
2035-appears for testing or within ten (10) days of the date t he subject
2036-comes into physical custody to serve a term of incarceration. All
2037-collectors of DNA samp les shall use sample kits provided by the OSBI
2038-and procedures promulgated by the OSBI. Persons s ubject to DNA
2039-testing who are not received at the Lexington Assessment and
2040-Reception Center shall be required to pay a fee of Fifteen Dollars
2041-($15.00) to the agency collecting the sample for submission to the
2042-OSBI Combined DNA Index System (CODIS) Database . Any fees collected
2043-pursuant to this subsection shall be deposited in the revolving
2044-account or the service fee account of the collection agency or
2045-department.
2046-K. When sentencing a person who has been convicted of a cr ime
2047-that would subject that person to the provisions of the Sex
2048-Offenders Registration Act, nei ther the court nor the district
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2075-attorney shall be allowed to waive or exempt such person from the
2076-registration requirements of the Sex Offenders Registration Act .
2077-SECTION 3. AMENDATORY 22 O.S. 2021, Section 1111.2, is
2078-amended to read as follows:
2079-Section 1111.2. The arresting officer shall indicate on the
2080-citation the date of the arraignment, and the defendant shall appear
2081-in person or by coun sel at the stated time and p lace for
2082-arraignment. If the defendant fails to appear in cou rt in person or
2083-by counsel for arraignment on the charge against him, or fails to
2084-arrange with the court within the time designated on the citation
2085-for a future appearance, the cash bail, if cas h bail has been
2086-deposited by the defendant, shall be forfeited . If a license to
2087-operate a motor vehicle has been deposited under subsection (b) B of
2088-Section 1111 of this title, the court clerk shall immediately
2089-forward to the Department of Public Safety Service Oklahoma the
2090-operator’s license attached to an official n otification form
2091-furnished by the Department of Public Safety Service Oklahoma,
2092-advising that the defendant failed to appear; in addition, on motion
2093-of the district attorney, the court shall iss ue a bench warrant for
2094-the arrest of the defendant. If a lice nse has been deposited under
2095-subsection (a) A of Section 1111 of this title and the out-of-state
2096-defendant’s personal check is not honored, the court clerk shall
2097-immediately forward to the Department of Public Safety Service
2098-Oklahoma the license stating that the check has not been honored.
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2125-If bail has been forfeited, on motion of the district attorney, the
2126-court shall issue a bench warrant. Provided, however, that bail
2127-forfeiture shall not be con strued as a plea of guilty or ad mission
2128-in any civil action th at may thereafter arise by reason of said
2129-occurrence.
2130-SECTION 4. AMENDATORY 22 O.S. 2021, Section 1115.1, is
2131-amended to read as follows:
2132-Section 1115.1. A. In addition to other provisions of law for
2133-posting bail, any person, whe ther a resident of this state or a
2134-nonresident, who is arrested by a law enforcement officer so lely for
2135-a misdemeanor violation of a state traffic law or municipa l traffic
2136-ordinance, shall be released by the arresting officer upon personal
2137-recognizance if:
2138-1. The arrested person has been issued a valid license to
2139-operate a motor vehicle by this st ate, another state jurisdiction
2140-within the United States, which is a participant in the Nonresident
2141-Violator Compact or any party jurisdiction of the Nonresident
2142-Violator Compact;
2143-2. The arresting officer is satisfied as to the identity of the
2144-arrested person;
2145-3. The arrested person signs a written promise to appear as
2146-provided for on the citation, unless the person is unconscious or
2147-injured and requires immedia te medical treatment as determined by a
2148-treating physician; and
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2175-4. The violation does not c onstitute:
2176-a. a felony, or
2177-b. negligent homicide, or
2178-c. driving or being in actual physical control of a motor
2179-vehicle while impaired or under the influence of
2180-alcohol or other intoxicating substances, unless the
2181-person is unconscious or injured and requires
2182-immediate medical treatment as determined by a
2183-treating physician, or
2184-d. eluding or attempting to elude a law enforcement
2185-officer, or
2186-e. operating a motor vehicle without having been issued a
2187-valid driver license, or while the driving privilege
2188-and driver license is under suspension, revocation,
2189-denial or cancellation, or
2190-f. an arrest based upon an outstanding wa rrant, or
2191-g. a traffic violation coupled wit h any offense stated in
2192-subparagraphs a through f of this paragraph.
2193-B. If the arrested person is eligible for release on personal
2194-recognizance as provided for in subsect ion A of this section, then
2195-the arresting officer shall:
2196-1. Designate the traffic charge;
2197-2. Record information from the arrested person’s driver license
2198-on the citation form, including the name, address, date of birth,
2199-
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2224-
2225-personal description, type of driv er license, driver license number,
2226-issuing state, and expiration date;
2227-3. Record the motor vehicle make, model and tag information;
2228-4. Record the date and time on the citation on which, or before
2229-which, the arrested person promises to contact, pay, or ap pear at
2230-the court, as applicable to the c ourt; and
2231-5. Permit the arrested pers on to sign a written promise to
2232-contact, pay, or appear at the court, as provided for in the
2233-citation.
2234-The arresting officer shall then release the person upon personal
2235-recognizance based upon the signed promise to app ear. The citation
2236-shall contain a written notice to the arrested person that release
2237-upon personal recognizance based upon a signed written promise to
2238-appear for arraignment is conditional and that failure to timel y
2239-appear for arraignment shall result in the suspension of the
2240-arrested person’s driving privilege and driver license in this
2241-state, or in the nonresident’s home state pursuant to the
2242-Nonresident Violator Compact.
2243-C. The court, or the court clerk as direc ted by the court, may
2244-continue or reschedule the date and time of arraignment upon request
2245-of the arrested person or the attorney for that person. If the
2246-arraignment is continued or rescheduled, the arrested person shall
2247-remain on personal recognizance an d written promise to appear until
2248-such arraignment, in the same manner and wi th the same consequences
2249-
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2274-
2275-as if the continued or rescheduled arraignment was entered on the
2276-citation by the arresting officer and signed by the defendant. An
2277-arraignment may be co ntinued or rescheduled more than one time .
2278-Provided, however, the court shal l require an arraignment to be had
2279-within a reasonable time. It shall remain the duty of the defendant
2280-to appear for arraignment unless the citation is satisfied as
2281-provided for in subsection D of this section.
2282-D. A defendant released upon personal reco gnizance may elect to
2283-enter a plea of guilty or nolo contendere to the violation charged
2284-at any time before the defendant is required to appear for
2285-arraignment by indicating such p lea on the copy of the citation
2286-furnished to the defendant or on a legible c opy thereof, together
2287-with the date of the plea and signature. The defendant shall be
2288-responsible for assuring full payment of the fine and costs to the
2289-appropriate court clerk. Payment of the fine and costs may be made
2290-by personal, cashier’s, traveler’s, certified or guaranteed bank
2291-check, postal or commercial money order, or other form of payment
2292-approved by the court in an amount prescribed as bail for the
2293-offense. Provided, h owever, the defendant shall not use curre ncy
2294-for payment by mail. If the de fendant has entered a plea of guilty
2295-or nolo contendere as provided for in this subsection, such plea
2296-shall be accepted by the court and the amount of the fine and costs
2297-shall be:
2298-
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2323-
2324-1. As prescribed in Section 1115.3 of th is title as bail for
2325-the violation; or
2326-2. In case of a municipal violation, as prescribed by municipal
2327-ordinance for the violation charged; or
2328-3. In the absence of such law or ordinance, then as prescribed
2329-by the court.
2330-E. 1. If, pursuant to the pro visions of subsection D of this
2331-section, the defendant does not timely elect to enter a plea of
2332-guilty or nolo contendere and fails to timely appear for
2333-arraignment, the court may issue a warrant for the arrest of the
2334-defendant and the municipal or distric t court clerk, within one
2335-hundred twenty (120) calendar days from the date the citation was
2336-issued by the arresting officer, shall notify the Department of
2337-Public Safety Service Oklahoma that:
2338-a. the defendant was issu ed a traffic citation and
2339-released upon personal recognizance after sig ning a
2340-written promise to appear for arraignment as provided
2341-for in the citation,
2342-b. the defendant has failed to appear for arraignment
2343-without good cause shown,
2344-c. the defendant has no t posted bail, paid a fine, or
2345-made any other arrangement with the co urt to satisfy
2346-the citation, and
2347-
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2372-
2373-d. the citation has not been satisfied as provided by
2374-law.
2375-Additionally, the court clerk shall request the Department of Public
2376-Safety Service Oklahoma to either suspend the defendant ’s driving
2377-privilege and driver licens e to operate a motor vehicl e in this
2378-state, or notify the defendant’s home state and request suspension
2379-of the defendant’s driving privilege and driver license in
2380-accordance with the provis ions of the Nonresident Violator Compact.
2381-Such notice and request shall be on a form approved or furnished by
2382-the Department of Public Safety Service Oklahoma.
2383-2. The court clerk shall not proce ss the notification and
2384-request provided for in paragraph 1 of this subsection if, with
2385-respect to such charges:
2386-a. the defendant was arraigned, posted ba il, paid a fine,
2387-was jailed, or otherwise settled the case, or
2388-b. the defendant was not released upon personal
2389-recognizance upon a signed written promise to app ear
2390-as provided for in this sect ion or if released, was
2391-not permitted to remain on such personal recognizance
2392-for arraignment, or
2393-c. the violation relates to parking or standing, or
2394-d. a period of one hundred twenty (120) calendar days or
2395-more has elapsed from the date the citation was issued
2396-by the arresting officer.
2397-
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2422-
2423-F. Following receipt of the not ice and request from the court
2424-clerk for driving privilege and driver license suspension as
2425-provided for in subsection E of this section, the Department of
2426-Public Safety Service Oklahoma shall proceed as provided for in
2427-Section 1115.5 of this title.
2428-G. The municipal or district court clerk shall maintain a
2429-record of each request for driving privilege and driver license
2430-suspension submitted to the Department of Public Safety Service
2431-Oklahoma pursuant to the provisions of this section. When the court
2432-or court clerk receives appropriate bail or payment of the fine and
2433-costs, settles the citation, makes other arrangements with the
2434-defendant, or otherwise closes the case, the court clerk shall
2435-furnish proof thereof to such defendant, if the defendant personally
2436-appears, or shall mail such proof by first class mail, postage
2437-prepaid, to the defendant at the addre ss noted on the citation or at
2438-such other address as i s furnished by the defendant. Additionally,
2439-the court or court clerk shall notify the home jurisdic tion of the
2440-defendant as listed on the citation, if such jurisdiction is a
2441-member of the Nonresident V iolator Compact, and shall, in all other
2442-cases, notify the Department Service Oklahoma, of the resolution of
2443-the case. The form of proof and the procedur es for notification
2444-shall be approved by the Department of Public Safety Service
2445-Oklahoma. Provided, however, the court or court clerk ’s failure to
2446-furnish such proof or notice in the man ner provided for in this
2447-
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2472-
2473-subsection shall in no event create any civ il liability upon the
2474-court, the court clerk, the State of Oklahoma or any political
2475-subdivision thereof, or any state department or agency or any
2476-employee thereof but duplicate proof shal l be furnished to the
2477-person entitled thereto upon request.
2478-SECTION 5. AMENDATORY 22 O.S. 2021, Section 1115.1A, is
2479-amended to read as follows:
2480-Section 1115.1A. A. In addition to other provision s of law for
2481-posting bail, any person, whether a resident of this state or a
2482-nonresident, who is arres ted by a law enforcement officer solely for
2483-a misdemeanor violation of a state traffic law or municipa l traffic
2484-ordinance, shall be released by the arrest ing officer upon personal
2485-recognizance if:
2486-1. The arrested person has been issued a valid license to
2487-operate a motor vehicle by this state, another state jurisdiction
2488-within the United States, which is a participant in the Nonresident
2489-Violator Compact or any party jurisdiction of the N onresident
2490-Violator Compact;
2491-2. The arresting officer is satisfied as to the identity of the
2492-arrested person and certifies the date and time and the location of
2493-the violation, as evidenced by the electronic signature of th e
2494-officer;
2495-3. The arrested per son acknowledges, as evidenced by the
2496-electronic signature of the person, a written promise to appear as
2497-
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2521-24
2522-
2523-provided for on the citation, unless the person is unconscious or
2524-injured and requires immediate medical treatment as d etermined by a
2525-treating physician; and
2526-4. The violation does not constitute:
2527-a. a felony,
2528-b. negligent homicide,
2529-c. driving or being in actual physical control of a motor
2530-vehicle while impaired or under the influence of
2531-alcohol or other intoxicating s ubstances, unless the
2532-person is unconscious or injured a nd requires
2533-immediate medical treatment as determined by a
2534-treating physician,
2535-d. eluding or attempting to elude a law enforcement
2536-officer,
2537-e. operating a motor vehicle without having been issued a
2538-valid driver license or while the driving privilege
2539-and driver license is under suspension, revocation,
2540-denial or cancellation,
2541-f. an arrest based upon an outstanding warrant, or
2542-g. a traffic violation coupled wit h any offense stated in
2543-subparagraphs a through f of this paragraph.
2544-B. If the arrested person is el igible for release on personal
2545-recognizance as provid ed for in subsection A of this section, then
2546-the arresting officer shall on the citation:
2547-
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2571-24
2572-
2573-1. Designate the traffic charge;
2574-2. Record information from the driver license of the arrested
2575-person on the citation form, including the name, address, date of
2576-birth, physical description, type of driver license, driver license
2577-number, issuing state, and expiration date;
2578-3. Record the motor vehicle m ake, model and tag info rmation;
2579-4. Record the date and time on which, or before which, the
2580-arrested person promises, as evidenced by the electronic signature
2581-of the person, to contact, pay, or appear at the court, as
2582-applicable to the court;
2583-5. Record the electronic signature of the arrested person which
2584-shall serve as evidence and acknowledgment of a promise to contac t,
2585-pay, or appear at the court, as provided for in the citation; and
2586-6. Record the electronic signatu re of the arrested person which
2587-shall serve as evidence to c ertify the date and time and the
2588-location that the arrested person was served with a copy of t he
2589-citation and notice to appear,
2590-after which, the arresting officer shall then release the person
2591-upon personal recognizance based upo n the acknowledged promise to
2592-appear. The citation shall contain a written notice to the arrested
2593-person that release up on personal recognizance based upon an
2594-acknowledged promise to appear, as evidenced by the electronic
2595-signature of the person, for arra ignment is conditional and that
2596-failure to timely appear for arrai gnment shall result in the
2597-
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2620-23
2621-24
2622-
2623-suspension of the driving pr ivilege and driver license of the
2624-arrested person in this state, or in the home state of the
2625-nonresident pursuant to the Nonresident Vi olator Compact.
2626-C. The court, or the court clerk as directed by the court, may
2627-continue or reschedule the date and time of arraignment at the
2628-discretion of the court or upon request of the arrested person or
2629-the attorney for that person. If the arraignment is continued or
2630-rescheduled, the arrested person shall remain on personal
2631-recognizance and acknowledged promise to app ear until such
2632-arraignment, in the same manner and with the same consequences as if
2633-the continued or rescheduled arraignment was entered on the citation
2634-by the arresting officer and electronically sig ned by the defendant.
2635-An arraignment may be continued o r rescheduled more than one time.
2636-Provided, however, the court shall require an arraignment to be had
2637-within a reasonable time. It shall remain the duty of the defendant
2638-to appear for arraignment un less the citation is satisfied as
2639-provided for in subsec tion D of this section.
2640-D. A defendant released upon personal recognizance may elect to
2641-enter a plea of guilty or nolo contendere to the violation charged
2642-at any time before the defendant is require d to appear for
2643-arraignment by indicating such plea on th e copy of the citation
2644-furnished to the defendant or on a legible copy, together with the
2645-date of the plea and signature of the defendant, or such plea may be
2646-entered by the defendant using an electr onic method provided by the
2647-
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2672-
2673-court for such purposes, eith er through the website of the court or
2674-otherwise. The defendant shall be responsible for assuring ful l
2675-payment of the fine and costs to the appropriate court cle rk.
2676-Payment of the fine and costs ma y be made by personal, cashier ’s,
2677-traveler’s, certified or guaranteed bank check, postal or commercial
2678-money order, or other form of payment approved by the co urt in an
2679-amount prescribed as bail for the offense. Provid ed, however, the
2680-defendant shall not use currency for payment by mail. Payment of
2681-the fine and costs which is not accompanied by a written plea of
2682-guilty or nolo contendere shall constitute a ple a of nolo contendere
2683-entered by the defendant as allowed by law, and shall function as a
2684-written, dated and signed citation form acceptable to the court. A
2685-plea of guilty or nolo contendere as provided for in this subsection
2686-shall be accepted by the court and the amount of the fine and costs
2687-shall be:
2688-1. As prescribed in Section 1115.3 of this titl e as bail for
2689-the violation;
2690-2. In case of a municipal vi olation, as prescribed by municipal
2691-ordinance for the violation charged; or
2692-3. In the absence of such law or ordinance, then as prescribed
2693-by the court.
2694-E. 1. If, pursuant to the provisions of subsection D of this
2695-section, the defendant does not timely elect to enter a plea of
2696-guilty or nolo contendere and fails to timely appear for
2697-
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2720-23
2721-24
2722-
2723-arraignment, the cou rt may issue a warrant for the arrest of the
2724-defendant. The municipal or district court cler k, within one
2725-hundred twenty (120) calendar days from the dat e the citation was
2726-issued by the arresting officer, shall notify the Department of
2727-Public Safety Service Oklahoma that:
2728-a. the defendant was issued a traffic ci tation and
2729-released upon personal recognizance after
2730-acknowledging a written promise to appear f or
2731-arraignment as provided for in the citation,
2732-b. the defendant has failed to appear for arraignment
2733-without good cause shown,
2734-c. the defendant has not poste d bail, paid a fine, or
2735-made any other arrangement with the court to satisfy
2736-the citation, and
2737-d. the citation has not been satisfied as provided by
2738-law.
2739-Additionally, the court clerk shall request the Department of Public
2740-Safety Service Oklahoma to either suspend the driving privilege a nd
2741-driver license of the defendant to operate a motor vehicle in t his
2742-state, or notify the home state of the defendant and request
2743-suspension of the driving privilege a nd driver license of the
2744-defendant in accordance with the provisions of the Nonresident
2745-Violator Compact. The notice and request shall be on a form
2746-
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2768-22
2769-23
2770-24
2771-
2772-approved or furnished by the Department of Public Safety Service
2773-Oklahoma.
2774-2. The court clerk shall not pr ocess the notification and
2775-request provided for in pa ragraph 1 of this subsection if, w ith
2776-respect to such charges:
2777-a. the defendant was arraigned, posted bail, paid a fine,
2778-was jailed, or otherwise settled the case,
2779-b. the defendant was not released upon personal
2780-recognizance upon an acknowledged written promise to
2781-appear as provided for in this section or if released,
2782-was not permitted to remain on such p ersonal
2783-recognizance for arraignment,
2784-c. the violation relates to parking or standing, or
2785-d. a period of one hundred twenty (120) calendar days or
2786-more has elapsed from the date the cit ation was issued
2787-by the arresting officer.
2788-F. Following receipt of the notice and request from the court
2789-clerk for driving privilege and driver license suspension as
2790-provided for in subsection E of this section, the Department of
2791-Public Safety Service Oklahoma shall proceed as provided for in
2792-Section 1115.5 of this title.
2793-G. The municipal or district court clerk shall maintain a
2794-record of each request for driving privilege and driver license
2795-suspension submitted to the Department of Public Safety Service
2796-
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2819-23
2820-24
2821-
2822-Oklahoma pursuant to the provisions of this section. When the court
2823-or court clerk receives appropriate bail or payment of the fine and
2824-costs, settles the citation, makes o ther arrangements with the
2825-defendant, or otherw ise closes the case, the court cle rk shall
2826-furnish proof thereof to the defendant, if the defendant persona lly
2827-appears, or shall mail such proof by first-class mail, postage
2828-prepaid, to the defendant at the ad dress noted on the citation or at
2829-such other address as is furnished by the defen dant or by email if
2830-the defendant has furnished an email address for such purposes.
2831-Additionally, the court or court clerk shall notify the home
2832-jurisdiction of the defendant as listed on the citation, if such
2833-jurisdiction is a member of the Nonresident V iolator Compact, and
2834-shall, in all other cases, notify the Department Service Oklahoma of
2835-the resolution of the case. The form of proof and the procedures
2836-for notification shall be approved by the Department of Public
2837-Safety Service Oklahoma. Provided however, failure by the court or
2838-court clerk to furnish such proof or notic e in the manner provided
2839-for in this subsection shall in no event create any civil liability
2840-upon the court, the court clerk, the State of Oklahoma o r any
2841-political subdivision thereo f, or any state department or agency or
2842-any employee thereof but duplicat e proof shall be furnished to the
2843-person entitled to such proof or notice upon request.
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2868-24
2869-
2870-H. For purposes of this section, “electronic signature ” shall
2871-have the same meaning as define d in Section 15-102 of Title 12A of
2872-the Oklahoma Statutes.
2873-SECTION 6. AMENDATORY 22 O.S. 2021, Section 1115.5, is
2874-amended to read as follows:
2875-Section 1115.5. A. 1. Following receipt of notifi cation and a
2876-request for driving privilege suspension from a municipal or
2877-district court clerk as provided for in Section 1115.1 of this title
2878-or Section 1 of this act, the Department of Public Safety Service
2879-Oklahoma shall:
2880-a. suspend the privilege of th e person to operate a motor
2881-vehicle in this state; or
2882-b. request suspension of the driving privilege of the
2883-person in the state which issued the license as
2884-provided by the Nonresident Violator Compact.
2885-A person whose license is subject to suspension purs uant to this
2886-section may avoid the effective date of the sus pension or, if
2887-suspended, shall be eligible for reins tatement, if otherwise
2888-eligible, upon meeting the requirements of subsection C of this
2889-section.
2890-2. The Department of Public Safety Service Oklahoma may decline
2891-to initiate such suspension action if the request is discovered to
2892-be improper or questionable.
2893-
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2917-24
2918-
2919-3. The Department Service Oklahoma shall not be required to
2920-issue more than one suspension of the driving privilege of a person
2921-in the event multiple requests for suspensions are received from a
2922-court clerk based upon the failure of the person to appear at a
2923-particular time and date on multiple charges.
2924-B. Following receipt of a request from another jur isdiction for
2925-the suspension of the dr iving privilege of an Oklahoma resident as
2926-provided by the Nonr esident Violator Compact, the Department of
2927-Public Safety Service Oklahoma, if the request appears to be valid,
2928-shall initiate suspension of the privilege of the person to operate
2929-a motor vehicle in this state. If suspended, such suspension shall
2930-remain in effect until the person meets the requirements of
2931-subsection C of this section.
2932-C. 1. A person whose license is subject to suspension in this
2933-state pursuant to the provisions of this secti on may avoid the
2934-effective date of suspension, or if suspended i n this state, shall
2935-be eligible for reinstatement, if otherwise eligible, upon:
2936-a. making application therefore to the Department of
2937-Public Safety Service Oklahoma, and
2938-b. showing proof from the court or court clerk that the
2939-person has entered an appearanc e in the case which was
2940-the basis for the suspension action and was released
2941-by the court as provided for by the Nonresident
2942-Violator Compact or consistent provisions, and
2943-
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2968-
2969-c. submitting with the application the fees, as provided
2970-for in Section 6-212 of Title 47 of the Oklahoma
2971-Statutes. The fees shall be re mitted to the State
2972-Treasurer to be credited to the General Revenue Fund
2973-of the State Treasury;
2974-2. Upon reinstatement, the Department of Public Safety Service
2975-Oklahoma may remove any record of the suspe nsion and reinstatement
2976-as provided for in this secti on from the file of the individual
2977-licensee and maintain an internal record of the suspension and
2978-reinstatement for fiscal and other purposes.
2979-D. Any person whose driving privilege is suspended or subje ct
2980-to suspension in this state pursuant to the provis ions of this
2981-section, at any time, may informally present specific reasons or
2982-documentation to the Department of Public Safety Service Oklahoma to
2983-show that such suspension may be unwarranted. The Department of
2984-Public Safety Service Oklahoma may stay the suspension or suspension
2985-action pending receipt of further information or documentation from
2986-the person or from the jurisdiction requesting such suspension, or
2987-pending review of the record, or other inqu iry. If the Department
2988-of Public Safety Service Oklahoma determines the suspension is
2989-unwarranted, the suspension action shall be withdrawn or vacated
2990-without the requirement of a processing fee and a reinstatement fee
2991-and the Department of Public Safety Service Oklahoma shall
2992-accordingly notify the jurisdi ction which requested the suspension.
2993-
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3018-
3019-If, however, the request for suspension appears valid, the
3020-Department of Public Safety Service Oklahoma shall proceed with
3021-suspension of the driving privilege of the person and the person
3022-shall have the right to appea l as provided for by Section 6-211 of
3023-Title 47 of the Oklahoma Statutes. Provided, however, the court
3024-shall not consider modification, but shall either sustain or vacate
3025-the order of suspension of the Department of Public Safety Service
3026-Oklahoma based upon the records on file with the Department of
3027-Public Safety Service Oklahoma, the law and other relevan t evidence.
3028-SECTION 7. AMENDATORY 42 O.S. 2021, Section 90, is
3029-amended to read as follows:
3030-Section 90. A person or persons char ging a fee for the
3031-preparation or assistance in preparation of notices required by
3032-Chapter 2 of Title 42 of the Oklahoma Statutes, other than a person
3033-licensed under Title 5 of the Oklahoma Statutes, sha ll register with
3034-and submit a fifty-dollar annual fee to the Oklahoma Tax Commission
3035-Service Oklahoma; provided, however, such requirements shall not
3036-apply to a lawful possessor or employee of a lawful possessor of the
3037-property for which such notices are i ssued. All documentation
3038-related to notices prepared by a person required to register
3039-pursuant to this section shall include the name of the person. A
3040-penalty of One Hundred Dollars ($100.00) shall be imposed upon a
3041-person who prepares or assists in the preparation of notices in
3042-violation of the requiremen ts of this section. The Oklahoma Tax
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3068-
3069-Commission Service Oklahoma shall promulgate rules to effectua te the
3070-requirements of this section.
3071-SECTION 8. AMENDATORY 42 O.S. 2021, Section 91, as
3072-amended by Section 1 of Enrolled House Bill No. 1927 of the 1st
3073-Session of the 59th Oklahoma Legislature, is amended to read as
3074-follows:
3075-Section 91. A. 1. a. This section applies to every vehicle,
3076-all-terrain vehicle, utility vehicle, manufactur ed
3077-home, motorcycle, boat, outboard motor, o r trailer
3078-that has a certificate of title issued by the Oklahoma
3079-Tax Commission Service Oklahoma or by a federally
3080-recognized Indian tribe in the State of Oklahoma,
3081-except as otherwise provided in subsection D of this
3082-section. This section does not apply to farm
3083-equipment as defined in Section 91.2 of this title.
3084-The items of personal property to which this se ction
3085-applies are collectively referred to as “Section 91
3086-Personal Property”. If personal property is
3087-apparently covered both by this section and by
3088-Sections 191 through 200 of this title, the procedures
3089-set out in this section shall apply instead of
3090-Sections 191 through 200 of this titl e.
3091-b. Salvage pools as defi ned in Section 591.2 of Title 47
3092-of the Oklahoma Statutes and class AA licensed wrecker
3093-
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3118-
3119-services taking possession of a vehicle pursuant to an
3120-agreement with or at the direction of, or dispatched
3121-by, a state or local law enforcement or government
3122-agency, or pursuant to the abandoned vehicle renewal
3123-provisions of Section 954A of Title 47 of the Oklahoma
3124-Statutes, shall not be subject to the provisions of
3125-this section, but shall be subject to the pro visions
3126-of Section 91A of this title. Unless otherwise
3127-provided by this subparagraph, class AA licensed
3128-wrecker services performing consensual tows shall be
3129-subject to the provisions of this section.
3130-2. Any person who, while lawfully in possession of an article
3131-of Section 91 Personal Property, renders any service to the owner
3132-thereof by furnishing storage, rental space, material, labor or
3133-skill for the protection, improvement, safekeeping, towing, right to
3134-occupy space, storage or carriage thereof, has a special lien
3135-thereon, dependent on possession, for the compe nsation, if any,
3136-which is due to such person from the owner for such service.
3137-3. This special lien sh all be subordinate to any perfected
3138-security interest unless the claimant complies with the re quirements
3139-of this section. Failure to comply with any requ irements of this
3140-section shall result in den ial of any title application and cause
3141-the special lien to be subordinate to any perfected lien. Upon such
3142-denial, the applicant shall be entitled to o ne resubmission of the
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3168-
3169-title application within fifteen (15) business days of receipt of
3170-the denial, and proceed to comply with the requirements of this
3171-section. In the event of a denial, the Notice of Possessory Lien
3172-and the Notice of Sale may be mailed on the same day in separate
3173-envelopes and storage charges sh all only be charged from the date of
3174-resubmission; however, before a Notice of Sale is to be mailed, t he
3175-personal property must have been possessed by the possessory lien
3176-claimant for at least twe nty-one (21) days. Furthermore, if the
3177-denial was due to er ror by the party submitting the title
3178-application, then no additional fee for the resubmission shall b e
3179-charged to the property owner. “Failure to comply” includes, but is
3180-not limited to:
3181-a. failure to timely provide additional documentation
3182-supporting or verifying any entry on submitted forms
3183-as requested by the Tax Commission Service Oklahoma,
3184-including but not limited to United States Postal
3185-Service proof of return receipt requested such as For m
3186-3811 or United States Postal Service electronic
3187-equivalent,
3188-b. failure to provide the documentation su pporting lawful
3189-possession as defined in paragraph 3 of subsection H
3190-of this section,
3191-
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3216-
3217-c. claimant or the agent being other than the individual
3218-who provided the service giving rise to the special
3219-lien, as in paragraph 2 of this subsection,
3220-d. claimant not being in possession of the vehicle,
3221-e. notice of lien not filed in accordance with paragraph
3222-4 of this subsection, or
3223-f. foreclosure notification and pro ceedings not
3224-accomplished in accordance with paragraph 6 of this
3225-section.
3226-4. Any person claiming the sp ecial lien provided in paragraph 2
3227-of this subsection shall mail a notice of such lien, no later than
3228-sixty (60) days after the first services are rende red, by regular,
3229-first-class United States mail, and by cer tified mail, return
3230-receipt requested, to all interested parties who reside at s eparate
3231-locations. If services provided are pursuant to a contract
3232-primarily for the purpose of storage or rental of space, the
3233-beginning date of the sixty-day period provided in the previous
3234-sentence shall be the first day of the first period or partial
3235-period for which rental or storage charges remain unpaid. The
3236-notice shall be in writing and shall contain, but not be limited to,
3237-the following:
3238-a. a statement that the noti ce is a Notice of Possessory
3239-Lien,
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3265-
3266-b. the complete legal name, physical and maili ng address,
3267-and telephone number of the claimant,
3268-c. the complete legal name, physical and mailing address
3269-of the person who requested that the claimant render
3270-service to the owner by furnishing material, labor or
3271-skill, storage, or rental space, or the da te the
3272-property was abandoned if the claimant did not render
3273-any other service,
3274-d. a description of the article of pe rsonal property,
3275-including a photograph if the property is Section 91
3276-Personal Property, and the complet e physical and
3277-mailing address of t he location of the article of
3278-personal property,
3279-e. an itemized statement describing the date or dates the
3280-labor or services were performed and material
3281-furnished, and the charges claimed for each item, the
3282-totals of which shall equal the total compensatio n
3283-claimed,
3284-f. a statement by the claimant that the materials, labor
3285-or skill furnished, or arrangement for storage or
3286-rental of space, was authorized by the owner of the
3287-personal property and was in fact provided or
3288-performed, and written proof of authorit y to perform
3289-the work, labor or service, or that the property was
3290-
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3315-
3316-abandoned by the owner if the claimant did not rend er
3317-any other service, and that storage or rental fees
3318-will accrue as allowed by law, and
3319-g. the signature of the claimant which shall be no tarized
3320-and, if applicable, the signature of the claimant’s
3321-attorney. If the claimant is a business, then the
3322-name of the contact person representing the business
3323-must be shown. In place of an original signature and
3324-notary seal, a digital or electronic s ignature or seal
3325-shall be accepted.
3326-5. For services rendered or vehicles abandoned on or after
3327-November 1, 2005, sto rage charges or charges for rental of space,
3328-unless agreed to by contract as part of an overall transact ion or
3329-arrangement that was primari ly for the purpose of storage of the
3330-Section 91 Personal Property or rental of space, may only be
3331-assessed beginning with the day that the Notice of Possessory Lien
3332-is mailed as evidenced by certified mail. Provided, how ever, in the
3333-case of contractual ch arges incurred for storage or rental of space
3334-in an overall transaction primarily for the purpose of storage or
3335-rental, charges subject to the special lien may only be assessed
3336-beginning with a date not more than sixty (6 0) days prior to the day
3337-that the Notice of Possessory Lien is mailed, and shall accrue only
3338-at the regular periodic rate for storage or rental as provi ded in
3339-the contract, adjusted for partial periods o f storage or rental.
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3365-
3366-The maximum allowable compensat ion for storage shall not exceed th e
3367-fees established by the Corporation Commission for nonconsensual
3368-tows.
3369-6. The lien may be foreclosed by a sale of such personal
3370-property upon the notice and in the manner following: The Notice of
3371-Sale shall be in writ ing and shall contain, but not be l imited to:
3372-a. a statement that the notice is a Notice of Sale,
3373-b. the names of all interested parties known to the
3374-claimant,
3375-c. a description of the property to be sold, including a
3376-photograph if the property is Section 9 1 Personal
3377-Property and if the cond ition of such property has
3378-materially changed since the mailing of Notice of
3379-Possessory Lien required pursuant to par agraph 4 of
3380-this subsection,
3381-d. a notarized statement of the nature of the work, labor
3382-or service performed, material furnished, or storage
3383-or rental of space, and the date thereof, and the name
3384-of the person who authorized the work, labor or
3385-service performed, or the storage or rental
3386-arrangement, and written proof of authority to perform
3387-the work, labor or service, or that the property was
3388-abandoned if the claimant did not render any o ther
3389-service,
3390-
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3416-e. the date, time, and exact physical location of sale,
3417-f. the name, complete physical address, maili ng address,
3418-and telephone number of the party foreclosing su ch
3419-lien. If the claimant is a busi ness, then the name of
3420-the contact person repr esenting the business must be
3421-shown. In place of an original signature and notary
3422-seal, a digital or electronic si gnature or seal shall
3423-be accepted, and
3424-g. itemized charges which shall equal the total
3425-compensation claimed.
3426-7. Such Notice of Sale shall be posted in two public places in
3427-the county where the property is to be sold at least ten (10) days
3428-before the time therein specified for such sale, and a copy of the
3429-notice shall be mailed to all interested par ties at their last-known
3430-post office address b y regular, first-class United States mail and
3431-by certified mail, return receipt requested, at least ten (10) days
3432-before the date of the sale. If the item of personal propert y is a
3433-manufactured home, notice sh all also be sent by certified mail to
3434-the county treasurer and to the county assessor of the county where
3435-the manufactured home is located.
3436-8. Interested parties shall include all owners of the article
3437-of personal property as indicated by the certificate of title issued
3438-by the Tax Commission Service Oklahoma or by a federally recognized
3439-Indian tribe in the State of Okla homa; lien debtors, if any, other
3440-
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3465-
3466-than the owners; any lienholder whose lien is noted on the face of
3467-the certificate of title; and any other pers on having any interest
3468-in the article of personal property, of whom the claimant has actual
3469-notice.
3470-9. Any interested party shall be permitted to insp ect and
3471-verify the services rendered by the claimant prior to th e sale of
3472-the article of personal proper ty during normal business hours. The
3473-lienholder shall be allowed to retrieve the Section 91 Personal
3474-Property without being required to bring the title into the
3475-lienholder’s name, if the lienholder provides proof it is a
3476-lienholder and any payment due the claimant for lawful charges where
3477-the claimant has complied with the requirements of this section.
3478-Upon the release of personal property to an insurer or
3479-representative of the insurer, wrecker operators shall be ex empt
3480-from all liability and shall be hel d harmless for any losses or
3481-claims of loss.
3482-10. The claimant or any other person may in good faith become a
3483-purchaser of the property sold.
3484-11. Proceedings for foreclosu re under this act shall be
3485-commenced no sooner than ten (10) days and no later tha n thirty (30)
3486-days after the Notice of Possessory Lien has been mailed as
3487-evidenced by certified mail. The date a ctually sold shall be within
3488-sixty (60) days from the date o f the Notice of Sale as evidenced by
3489-certified mail.
3490-
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3515-
3516-B. 1. a. Any person who is induced by means of a check or other
3517-form of written order for immediate payment of money
3518-to deliver up possession of an article of personal
3519-property on which the person has a special lien
3520-created by subsection A of thi s section, which check
3521-or other written order is dishonored, or is not paid
3522-when presented, shall have a lien for the amount
3523-thereof upon the personal p roperty.
3524-b. The person claiming such lien shall, within thir ty
3525-(30) days from the date of dishonor of th e check or
3526-other written order for p ayment of money, file in the
3527-office of the county clerk of the county in which the
3528-property is situated a sworn stat ement that:
3529-(1) the check or other written order for immedia te
3530-payment of money, copy thereof being atta ched,
3531-was received for labor, mater ial or supplies for
3532-producing or repairing an article of personal
3533-property, or for other specific property -related
3534-services covered by this section,
3535-(2) the check or other writt en order was not paid,
3536-and
3537-(3) the uttering of the check or other written ord er
3538-constituted the means for inducing the person,
3539-one possessed of a special lien created by
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3565-
3566-subsection A of this se ction upon the described
3567-article of personal property, to deliv er up the
3568-article of personal property.
3569-2. a. Any person who renders servic e to the owner of an
3570-article of personal property by furnishing storage,
3571-rental space, material, labor, or skill for the
3572-protection, improvement, safekeeping, towing, right to
3573-occupy space, storage, or carriage thereof shall have
3574-a special lien on such pro perty pursuant to th is
3575-section if such property is removed from the person’s
3576-possession, without such person ’s written consent or
3577-without payment for such service.
3578-b. The person claiming such lien shall, within five (5)
3579-days of such nonauthorized removal, file in the office
3580-of the county clerk of the county in which the
3581-property is located, a sworn statement including:
3582-(1) that services were rendered on or in relation to
3583-the article of personal property by the person
3584-claiming such lien,
3585-(2) that the property was in the possess ion of the
3586-person claiming the lien but such property was
3587-removed without his or her written consent,
3588-
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3613-
3614-(3) an identifying description of the article of
3615-personal property on which the service was
3616-rendered, and
3617-(4) that the debt for the services rendered on o r in
3618-relation to the article of personal property was
3619-not paid. Provided, if the unpaid to tal amount
3620-of the debt for services rendered on or in
3621-relation to the article of personal property is
3622-unknown, an approximated amount of the debt due
3623-and owing shall be included in the sworn
3624-statement but such approximated debt may be
3625-amended within thirty (30) days of such filing to
3626-reflect the actual amount of the debt du e and
3627-owing.
3628-3. The enforcement of the lien shall be within sixty (60 ) days
3629-after filing the lien in the manner provided by law for enforcing
3630-the lien of a security agreement and provid ed that the lien shall
3631-not affect the rights of innocent, intervening purchasers without
3632-notice.
3633-C. If the person who renders service to t he owner of an article
3634-of personal property to which this section applies relinquishes or
3635-loses possession of the ar ticle due to circumstances described in
3636-subparagraph a of paragraph 1 o r subparagraph a of paragraph 2 of
3637-subsection B of this section, the person claiming the lien s hall be
3638-
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3663-
3664-entitled to possession of the article until the amount due is paid,
3665-unless the article is possessed by a person who became a bona fide
3666-purchaser. Entitlement to possession shall be in accordance w ith
3667-the following:
3668-1. The claimant may take posse ssion of an article pursuant to
3669-this subsection only if the person obligated under the con tract for
3670-services has signed an acknowledgement of receipt of a notice that
3671-the article may be subject to repossess ion. The notice and
3672-acknowledgement pursuant to t his subsection shall be:
3673-a. in writing and separate from the written contract for
3674-services, or
3675-b. printed on the written contract for services, credit
3676-agreement or other document which displays the notice
3677-in bold-faced, capitalized and underlined type, o r is
3678-separated from surrounding written material so as to
3679-be conspicuous with a separate s ignature line;
3680-2. The claimant may require the person obligated under the
3681-contract for services to pay the costs of r epossession as a
3682-condition for reclaiming the a rticle only to the extent of the
3683-reasonable fair market value of the services required to take
3684-possession of the article;
3685-3. The claimant shall not transfer to a th ird party or to a
3686-person who performs reposs ession services, a c heck, money order, or
3687-credit card transaction that is received as payment for services
3688-
3689-Req. No. 2200 Page 74 1
3690-2
3691-3
3692-4
3693-5
3694-6
3695-7
3696-8
3697-9
3698-10
3699-11
3700-12
3701-13
3702-14
3703-15
3704-16
3705-17
3706-18
3707-19
3708-20
3709-21
3710-22
3711-23
3712-24
3713-
3714-with respect to an article an d that is returned to the claimant
3715-because of insufficient funds or no funds , because the person
3716-writing the check, issu ing the money order, or credit cardholder has
3717-no account or because the check, money order, or credit card account
3718-has been closed. A p erson violating this paragraph shall be guilty
3719-of a misdemeanor; and
3720-4. An article that is repossessed pursuant to this subsection
3721-shall be promptly delivered to th e location where the services were
3722-performed. The article shall remain at the services location at all
3723-times until the article is lawfully returned to the record owne r or
3724-a lienholder or is disposed of pursuant to this section.
3725-D. 1. If a vehicle, all -terrain vehicle, utility vehicle,
3726-manufactured home, motorcycle, boat, outboard motor, or trailer has
3727-a certificate of title issued by the Tax Commission Service Oklahoma
3728-or by a federally recognized Indian tribe in the State of Oklahoma,
3729-but there is no active lien record ed on the certificate of title,
3730-Section 91A of this title will appl y instead of this section.
3731-Likewise, if there is an active lien recorded on the cer tificate of
3732-title but the lien is over fifte en (15) years old and the property
3733-is not a manufactured home , Section 91A of this title will apply
3734-instead of this section.
3735-2. If personal property that otherwise would be covered by this
3736-section has been regis tered by the Tax Commission Service Oklahoma
3737-or by a federally recognized Indian tribe in the State of Oklahoma,
3738-
3739-Req. No. 2200 Page 75 1
3740-2
3741-3
3742-4
3743-5
3744-6
3745-7
3746-8
3747-9
3748-10
3749-11
3750-12
3751-13
3752-14
3753-15
3754-16
3755-17
3756-18
3757-19
3758-20
3759-21
3760-22
3761-23
3762-24
3763-
3764-and there is a lien of record but no certificate of title has be en
3765-issued, Section 91A of this title will apply instead of this
3766-section.
3767-3. If personal property otherwise would be covere d by this
3768-section, but the services were rendered or the property was
3769-abandoned prior to November 1, 2005, Section 91A of this title will
3770-apply instead of this section.
3771-E. A person who knowingly makes a false st atement of a material
3772-fact regarding the fur nishing of storage, rental space, material,
3773-labor or skill for the protecti on, improvement, safekeeping, towing,
3774-right to occupy space, storage or carriage thereof in a proceeding
3775-under this section, or attempts to use or uses the provisions of
3776-this section to foreclose an owner or lienholder ’s interest in a
3777-vehicle knowing that any of the statements made in the proceeding
3778-are false, upon conviction, shall be guilty of a felony.
3779-F. Upon receipt of notice of legal proceedings, the Tax
3780-Commission Service Oklahoma shall cause the sale process to be put
3781-on hold until notice of resolution o f court proceedings is received
3782-from the court. If such notice of commencement of court proceedings
3783-is not filed with the Tax Commission Service Oklahoma, the
3784-possessory lien sale process may continue.
3785-G. No possessory lien sale shall be held on a Sunday .
3786-H. For purposes of this section:
3787-
3788-Req. No. 2200 Page 76 1
3789-2
3790-3
3791-4
3792-5
3793-6
3794-7
3795-8
3796-9
3797-10
3798-11
3799-12
3800-13
3801-14
3802-15
3803-16
3804-17
3805-18
3806-19
3807-20
3808-21
3809-22
3810-23
3811-24
3812-
3813-1. “Possession” includes actual possession and constructive
3814-possession;
3815-2. “Constructive possession” means possession by a person who,
3816-although not in actual possession, does not have an intention to
3817-abandon property, knowingly has both power and the intention at a
3818-given time to exercise dominion or control over the property, and
3819-who holds claim to such thing by virtue of some legal right;
3820-3. “Lawfully in possession” means a person has documentation
3821-from the owner or the owner’s authorized agent, or an insurance
3822-company or its authorized agent, authorizing the furnishing of
3823-material, labor or stor age, or that the property was authorized to
3824-be towed to a repair facility. If the person lacks such
3825-documentation, he or she shall not be lawfully in possession of the
3826-Section 91 Personal Propert y and shall not be entitled to a special
3827-lien as set forth in this section; and
3828-4. “Itemized charges” means total parts, total labor, total
3829-towing fees, total storage fees, total proce ssing fees and totals of
3830-any other fee groups, the sum total of which s hall equal the
3831-compensation claimed.
3832-I. For purposes of thi s section, the United States Postal
3833-Service approved electronic equivalent of proof of return receipt
3834-requested Form 3811 sha ll satisfy return receipt requested
3835-documentation requirements.
3836-
3837-Req. No. 2200 Page 77 1
3838-2
3839-3
3840-4
3841-5
3842-6
3843-7
3844-8
3845-9
3846-10
3847-11
3848-12
3849-13
3850-14
3851-15
3852-16
3853-17
3854-18
3855-19
3856-20
3857-21
3858-22
3859-23
3860-24
3861-
3862-J. If a person claiming a special lien pursuant to this section
3863-fails to comply with any of the requirements o f this section, any
3864-interested party may proceed against the person claiming such lien
3865-for all damages arising therefrom, including conversion, if the
3866-article of personal property has been sold. If the notice or
3867-notices required by this section shall be s hown to be knowingly
3868-false or fraudulent, the interested party shall be entitled to
3869-treble damages. The prevailing party shall be entitled to all
3870-costs, including reasonable attorney fees.
3871-K. This section shall apply to all actions or proceedings that
3872-commence on or after the effective date of this act.
3873-SECTION 9. AMENDATORY 42 O.S. 2021, Section 91A, as
3874-amended by Section 2 of Enrolled House Bill No. 1927 of the 1 st
3875-Session of the 59th Oklahoma Legislature, is amended to read as
3876-follows:
3877-Section 91A. A. 1. a. This section applies to all types of
3878-personal property other than:
3879-(1) farm equipment as defined in Section 91.2 of thi s
3880-title, and
3881-(2) “Section 91 Personal Property ” as defined in
3882-Section 91 of this title.
3883-b. This section applies to any vehicle, all -terrain
3884-vehicle, utility vehicle, manufactured ho me,
3885-motorcycle, boat, outboard motor, or trailer that is
3886-
3887-Req. No. 2200 Page 78 1
3888-2
3889-3
3890-4
3891-5
3892-6
3893-7
3894-8
3895-9
3896-10
3897-11
3898-12
3899-13
3900-14
3901-15
3902-16
3903-17
3904-18
3905-19
3906-20
3907-21
3908-22
3909-23
3910-24
3911-
3912-excluded from coverage under subsection A of Section
3913-91 of this title because the personal property:
3914-(1) does not have a certificate of title,
3915-(2) has a certificate of title but does not have an
3916-active lien recorded on the certificate of title,
3917-(3) has a certificate of titl e that is not issued by
3918-the Oklahoma Tax Commission Service Oklahoma or
3919-by a federally recognized Indian tribe in the
3920-State of Oklahoma, or
3921-(4) is otherwise excluded by subparagraph b of
3922-paragraph 1 of subsection A of Section 91 of this
3923-title or subsection D of Section 91 of this
3924-title.
3925-c. If personal property has a certificate of title, or
3926-would be required to have a certificate o f title under
3927-Oklahoma law, and is apparently covered both by this
3928-section and by Sections 191 through 200 of this title,
3929-the procedures set out in this section shall apply
3930-instead of Sections 191 through 200 of this title. If
3931-personal property without a certificate of title and
3932-not required to be titled un der Oklahoma law is
3933-covered both by this section and Sections 191 through
3934-200 of this title, the procedures set out in Sections
3935-
3936-Req. No. 2200 Page 79 1
3937-2
3938-3
3939-4
3940-5
3941-6
3942-7
3943-8
3944-9
3945-10
3946-11
3947-12
3948-13
3949-14
3950-15
3951-16
3952-17
3953-18
3954-19
3955-20
3956-21
3957-22
3958-23
3959-24
3960-
3961-191 through 200 of this title shall apply instead o f
3962-this section.
3963-2. a. Any person who, while lawfully in possession of an
3964-article of personal property to which this section
3965-applies, renders any ser vice to the owner thereof by
3966-furnishing storage, rental space, m aterial, labor or
3967-skill for the protection, improvement, safekeep ing,
3968-towing, right to occupy space, storage or carriag e
3969-thereof, has a special lien thereon, dependent on
3970-possession, for the c ompensation, if any, which is due
3971-to such person from the owner for such service.
3972-Charges owed under a cont ract primarily for th e
3973-purpose of storage or rental of space shall be accru ed
3974-only at the regular periodic rate for storage or
3975-rental as provided in the contract, adjusted for
3976-partial periods of storage or rental .
3977-b. Except for Class AA licensed wrecker to wing charges,
3978-the special lien shall be subordinate to any perfected
3979-security interest unless the claimant complies with
3980-the requirements of this section. Failure to comply
3981-with any requirements of this section shall result in
3982-denial of any title applicat ion and cause the sp ecial
3983-lien to be subordinate to any perfected lien. Up on
3984-such denial, the applicant shall be entitled to one
3985-
3986-Req. No. 2200 Page 80 1
3987-2
3988-3
3989-4
3990-5
3991-6
3992-7
3993-8
3994-9
3995-10
3996-11
3997-12
3998-13
3999-14
4000-15
4001-16
4002-17
4003-18
4004-19
4005-20
4006-21
4007-22
4008-23
4009-24
4010-
4011-resubmission of the title application within thirty
4012-(30) business days of receipt of the denial, and
4013-proceed to comply with th e requirements of th is
4014-section. In the event of a denial, the Notice of
4015-Possessory Lien and the Notice of Sale may be mailed
4016-on the same day in sep arate envelopes and storage
4017-charges shall only be charged from t he date of
4018-resubmission; however, before a Notice of Sale is to
4019-be mailed, the personal prop erty must have been
4020-possessed by the possessory lien claimant for at least
4021-twenty-one (21) days. Furthermore, if the denial was
4022-due to error by the party submittin g the title
4023-application, then no additional fee for the
4024-resubmission shall be charged to the property owner.
4025-“Failure to comply” includes, but is not limited to:
4026-(1) failure to timely provide additional
4027-documentation supporting or verifying any entry
4028-on submitted forms as requested by the Tax
4029-Commission Service Oklahoma,
4030-(2) failure to provide the documentation supporting
4031-lawful possession as outlined in paragraph 3 of
4032-subsection H of this section,
4033-
4034-Req. No. 2200 Page 81 1
4035-2
4036-3
4037-4
4038-5
4039-6
4040-7
4041-8
4042-9
4043-10
4044-11
4045-12
4046-13
4047-14
4048-15
4049-16
4050-17
4051-18
4052-19
4053-20
4054-21
4055-22
4056-23
4057-24
4058-
4059-(3) claimant being other than the individual who
4060-provided the service giving rise to the special
4061-lien, as in subparagraph a of this paragraph,
4062-(4) claimant not being in possession of the vehicle,
4063-or
4064-(5) notification and proceedings not accomplished in
4065-accordance with subparagraph c of this paragraph,
4066-and paragraph 3 of this subsection.
4067-c. Any person claiming a lien under this section shall
4068-request, within five (5) business days of performing
4069-any service or work on the property, the Tax
4070-Commission Service Oklahoma or other another
4071-appropriate license agency to furnish the name and
4072-address of the current owner of and any lienholder
4073-upon the property. The Motor Vehicle Division of the
4074-Tax Commission Service Oklahoma or an appropriate
4075-license agency shall respond in person or by mail to
4076-the lien claimant within ten (10) business days of the
4077-receipt of the request for information. The Tax
4078-Commission Service Oklahoma shall render assistance to
4079-ascertain ownership, if needed. The lien claimant
4080-shall send, within seven (7) business days of receipt
4081-of the requested information from the Oklahoma Tax
4082-Commission Service Oklahoma or other another license
4083-
4084-Req. No. 2200 Page 82 1
4085-2
4086-3
4087-4
4088-5
4089-6
4090-7
4091-8
4092-9
4093-10
4094-11
4095-12
4096-13
4097-14
4098-15
4099-16
4100-17
4101-18
4102-19
4103-20
4104-21
4105-22
4106-23
4107-24
4108-
4109-agency, a notice of the lo cation of the property by
4110-certified mail with return receipt requested, postage
4111-prepaid, to the owner and any lienholder of the
4112-vehicle at the addresses furnished. The lien claimant
4113-may charge Twenty Dollars ($20.00) for processing plus
4114-the cost of postage if the notice is timely sent
4115-pursuant to the requirements of this subparagraph in
4116-addition to fees regulated by the Oklahoma Corporati on
4117-Commission for licensed wreckers. If the lien
4118-claimant is unable to meet the time requirements due
4119-to a lack of or an altered vehicle identification
4120-number on the property, the lien claimant shall
4121-proceed diligently to obtain the proper vehicle
4122-identification number and shall meet the time
4123-requirements on the notice once the vehicle
4124-identification number is known. If t he lien claimant
4125-is required to send additional notices because of
4126-change of ownership or lienholder after it has timely
4127-complied with the requirements of this subparagraph,
4128-the lien claimant shall remain in compliance if such
4129-additional notices are sent w ithin the required time
4130-periods from the date of discovery of the new owners
4131-or lienholders. The notice shall be in writing and
4132-shall contain, but not be limited to, the following:
4133-
4134-Req. No. 2200 Page 83 1
4135-2
4136-3
4137-4
4138-5
4139-6
4140-7
4141-8
4142-9
4143-10
4144-11
4145-12
4146-13
4147-14
4148-15
4149-16
4150-17
4151-18
4152-19
4153-20
4154-21
4155-22
4156-23
4157-24
4158-
4159-(1) a statement that the notice is a Notice of
4160-Possessory Lien,
4161-(2) the complete legal name, physical and mailing
4162-address, and telephone number of the claima nt,
4163-(3) the complete legal name, physical and mailing
4164-address of the person who requested that the
4165-claimant render service to the owner by
4166-furnishing material, labor or s kill, storage, or
4167-rental space, or the date the property was
4168-abandoned if the claimant did not render any
4169-other service,
4170-(4) a description of the article of personal
4171-property, and the complete phy sical and mailing
4172-address of the location of the article of
4173-personal property,
4174-(5) the nature of the work, labor or service
4175-performed, material fu rnished, or the storage or
4176-rental arrangement, and th e date thereof, and
4177-written proof of authority to perform the work,
4178-labor or service provided that, in the case of a
4179-law enforcement directed tow, the logbook entry
4180-prescribed in OAC 595:25-5-5 or the tow ticket as
4181-defined by the Corporation Commission sha ll serve
4182-as written proof of authority,
4183-
4184-Req. No. 2200 Page 84 1
4185-2
4186-3
4187-4
4188-5
4189-6
4190-7
4191-8
4192-9
4193-10
4194-11
4195-12
4196-13
4197-14
4198-15
4199-16
4200-17
4201-18
4202-19
4203-20
4204-21
4205-22
4206-23
4207-24
4208-
4209-(6) the signature of the claimant which shall be
4210-notarized and, if applica ble, the signature of
4211-the claimant’s attorney. If the claimant is a
4212-business, the name o f the contact person
4213-representing the business shall be shown. In
4214-place of an original signature and notary s eal, a
4215-digital or electronic signature or seal shall be
4216-accepted, and
4217-(7) an itemized statement describing the date or
4218-dates the labor or services were performed and
4219-material furnished and the charge s claimed for
4220-each item, the totals of which shall equal the
4221-total compensation claimed.
4222-The lien claimant shall not be required to send the
4223-notice required in this subparagraph if the property
4224-is released to an interested party before the notice
4225-is mailed and no additional charges or fees continue
4226-to accrue. If a law enforcement agency has the
4227-property towed to a law enforcement facility, the
4228-person claiming a lien under this section shall not be
4229-required to send notice until the property is released
4230-by law enforcement to the claimant or the date which
4231-claimant starts charging storage, whichever is
4232-earlier. A lien claimant shall have an extension of
4233-
4234-Req. No. 2200 Page 85 1
4235-2
4236-3
4237-4
4238-5
4239-6
4240-7
4241-8
4242-9
4243-10
4244-11
4245-12
4246-13
4247-14
4248-15
4249-16
4250-17
4251-18
4252-19
4253-20
4254-21
4255-22
4256-23
4257-24
4258-
4259-ten (10) business days to send the notice required in
4260-this subparagraph if a state of emergency has been
4261-declared in the county in which the property is
4262-located.
4263-d. Subparagraphs b and c of this paragraph shall not
4264-apply to salvage pools as defined in Sec tion 591.2 of
4265-Title 47 of the Oklahoma Statutes.
4266-3. The lien may be foreclosed by a sale of such personal
4267-property upon the notice and in the manner following: The notice
4268-shall be in writing and shall contain, but no t be limited to:
4269-a. the names of the owner and any other known party or
4270-parties who may claim any interest in the property,
4271-b. a description of the property to be sold, including a
4272-visual inspection or a photograph if the property is a
4273-motor vehicle, and the physical location of the
4274-property,
4275-c. the nature of the work, labor or service performed ,
4276-material furnished, or the storage or rental
4277-arrangement, and the date thereof, and written proof
4278-of authority to perform the work, labor or service
4279-provided. In the case of a law enforcement directed
4280-tow, the logbook entry prescribed in OAC 595:25 -5-5 or
4281-the tow ticket as defined by the Corporation
4282-Commission, shall serve as written proof of authority,
4283-
4284-Req. No. 2200 Page 86 1
4285-2
4286-3
4287-4
4288-5
4289-6
4290-7
4291-8
4292-9
4293-10
4294-11
4295-12
4296-13
4297-14
4298-15
4299-16
4300-17
4301-18
4302-19
4303-20
4304-21
4305-22
4306-23
4307-24
4308-
4309-d. the time and place of sale,
4310-e. the name, telephone num ber, physical address and
4311-mailing address of the claimant, and agent or
4312-attorney, if any, fore closing such lien. If the
4313-claimant is a business, then t he name of the contact
4314-person representing the business m ust be shown. In
4315-place of an original signature and notary seal, a
4316-digital or electronic s ignature or seal shall be
4317-accepted, and
4318-f. itemized charges which shall equal the total
4319-compensation claimed .
4320-4. a. Such Notice of Sale shall be posted in two public
4321-places in the county where the property is to be sold
4322-at least ten (10) days before the time therein
4323-specified for such sale, and a copy of the notice
4324-shall be mailed to the owner and any other pa rty
4325-claiming any interest in the property, if known, at
4326-their last-known post office address, by certif ied
4327-mail, return receipt requested, at least ten (10) days
4328-before the time therein specified f or such sale. If
4329-the item of personal property is a manufa ctured home,
4330-notice shall also be sent by certified mail to the
4331-county treasurer and to the county asse ssor of the
4332-county where the manufactured hom e is located.
4333-
4334-Req. No. 2200 Page 87 1
4335-2
4336-3
4337-4
4338-5
4339-6
4340-7
4341-8
4342-9
4343-10
4344-11
4345-12
4346-13
4347-14
4348-15
4349-16
4350-17
4351-18
4352-19
4353-20
4354-21
4355-22
4356-23
4357-24
4358-
4359-b. In the case of any item of pers onal property without a
4360-certificate of title and not require d to be titled
4361-under Oklahoma law, a party who claims any i nterest in
4362-the property shall include all o wners of the property;
4363-any secured party who h as an active financing
4364-statement on file with th e county clerk of Oklahoma
4365-County listing one or more owners of the property by
4366-legal name as debtors and indicating a collateral
4367-description that would include t he property; and any
4368-other person having any i nterest in the personal
4369-property, of whom the cl aimant has actual notice.
4370-c. In the case of personal propert y subject to this
4371-section for which a certificate of title has been
4372-issued by any jurisdiction, a par ty who claims any
4373-interest in the property sha ll include all owners of
4374-the article of personal property as indicated by the
4375-certificate of title; lien debt ors, if any, other than
4376-the owners; any lienholder whose li en is noted on the
4377-face of the certificate of title; and any other person
4378-having any interest in the article of personal
4379-property, of whom the claimant has actual notice.
4380-d. When the jurisdiction o f titling for a vehicle, all-
4381-terrain vehicle, motorcycle, b oat, outboard motor, or
4382-trailer that is five (5) model years old or newer, or
4383-
4384-Req. No. 2200 Page 88 1
4385-2
4386-3
4387-4
4388-5
4389-6
4390-7
4391-8
4392-9
4393-10
4394-11
4395-12
4396-13
4397-14
4398-15
4399-16
4400-17
4401-18
4402-19
4403-20
4404-21
4405-22
4406-23
4407-24
4408-
4409-a manufactured home that is fifteen (15) model years
4410-old or newer, cannot be determined by ordinary means,
4411-the claimant, the agent of the claimant, or the
4412-attorney of the claiman t, shall request, in writing,
4413-that the Oklahoma Tax Commission Motor Vehicle
4414-Division Service Oklahoma ascertain the jurisdiction
4415-where the vehicle or manufactured home is titled. The
4416-Oklahoma Tax Commission Motor Vehicle Division Service
4417-Oklahoma shall, within fourteen (14) days from the
4418-date the request is received, provide information as
4419-to the jurisdiction where the personal property is
4420-titled. If the Oklahoma Tax Commission Motor Vehicle
4421-Division Service Oklahoma is unable to provide the
4422-information, it shall provide notice that the record
4423-is not available.
4424-e. When personal property i s of a type that Oklahoma law
4425-requires to be titled, the owner of record of that
4426-property is unknown, and the j urisdiction of titling
4427-and owner of record cannot be determ ined by ordinary
4428-means and also, if appl icable, cannot be determined in
4429-accordance with the preceding subparagraph, then the
4430-special lien may be foreclosed by publication of a
4431-legal notice in a leg al newspaper in the county where
4432-the personal property is l ocated, as defined in
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4459-Section 106 of Title 25 of the Oklahoma Statutes.
4460-Such notice shall include the description of the
4461-property by year, make, vehicle identification number
4462-if available from the property, the name of the
4463-individual who may be contacted for information, and
4464-the telephone number of that person or the address
4465-where the vehicle is located. The legal notice shall
4466-be published once per week for three (3) consecutive
4467-weeks. As soon as circumstances exist as described in
4468-the first sentence of this subparagraph, the first
4469-date of publication may occur even if the special lien
4470-has not accrued for over thirty (30) days. The fi rst
4471-date available for public sale of the vehicle is the
4472-day following publication of the final notice, but no
4473-fewer than thirty (30) days after the lien has
4474-accrued. When the owner of record is unknown, the
4475-Notice of Sale nevertheless must be completed and
4476-mailed to any known interested party by certified
4477-mail. For purposes of this paragraph, interested
4478-parties shall include all persons described in
4479-subparagraph b or subparagraph c of this paragraph,
4480-whichever is applicable, with the exception of any
4481-owner who is unknown. Except in circumstances
4482-described in paragraph 7 of this subsection that
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4509-provide for a shorter time pe riod, the Notice of Sale
4510-shall be posted in two public places in the county
4511-where the property is to be sold at least ten (10)
4512-days before the time therein specified for such sale,
4513-and the Notice of Sale shall not be mailed until at
4514-least thirty (30) days after the lien has accrued.
4515-5. The lienor or any other person may in good faith beco me a
4516-purchaser of the property sold.
4517-6. Proceedings for foreclosure under this act shall commence in
4518-twenty (20) days after the lien has accrued, except as provided
4519-elsewhere in Oklahoma law.
4520-7. Notwithstanding any other provision of law, proceeding s for
4521-foreclosures for the storage of junk vehicles towed and stored
4522-pursuant to Section 955 of Title 47 o f the Oklahoma Statutes by
4523-Class AA wreckers listed with the Motor Vehicle Division of the
4524-Department of Public Safety, may be commenced five (5) days after
4525-the lien has accrued. For purposes of this paragraph, “junk
4526-vehicles” means any vehicle that is more than ten (10) years old if
4527-the cost of a comparable vehicle would b e less than Three Hundred
4528-Dollars ($300.00) as quoted in the latest edition of t he National
4529-Automobile Dealers Association Official Used Car Guide or latest
4530-monthly edition of any other nationally recognized published
4531-guidebook, adjusting to the condition of the vehicle.
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4558-B. 1. a. Any person who is induced by means of a check or other
4559-form of written order for immediate payment of money
4560-to deliver up possession of an article of personal
4561-property on which the person has a special lien
4562-created by subsection A of this section, which ch eck
4563-or other written order is dishonored, or is not pai d
4564-when presented, shall have a lien for the amount
4565-thereof upon the personal property.
4566-b. The person claiming such lien shall, within thirty
4567-(30) days from the date of dishonor of the check or
4568-other written order for payment of money, file in the
4569-office of the county clerk of the county in which the
4570-property is situated a sworn statement that:
4571-(1) the check or other written order for immediate
4572-payment of money, copy thereof bein g attached,
4573-was received for labor, material or supplies for
4574-producing or repairing an article of personal
4575-property, or for other specific property-related
4576-services covered by this section,
4577-(2) the check or other written order was not paid,
4578-and
4579-(3) the uttering of the check or other written order
4580-constituted the means for inducing the person,
4581-one possessed of a special lien created by
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4608-subsection A of this section upon the described
4609-article of personal property, to deliver up the
4610-article of personal property .
4611-2. a. Any person who renders service to the owner of an
4612-article of personal property by furnishing storage,
4613-rental space, material, labor, or skill for the
4614-protection, improvement, safekeeping, towing, right to
4615-occupy space, storage, or carriage thereo f shall have
4616-a special lien on such property pursuant to this
4617-section if such property is removed from the person’s
4618-possession, without such person’s written consent or
4619-without payment for such service.
4620-b. The person claiming such lien shall, within five ( 5)
4621-days of such nonauthorized removal, file in the office
4622-of the county clerk of the county in which the
4623-property is located, a sworn statement including:
4624-(1) that services were rendered on or in relation to
4625-the article of personal property by the person
4626-claiming such lien,
4627-(2) that the property was in the possession of the
4628-person claiming the lien but such property was
4629-removed without his or her written consent,
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4656-(3) an identifying description of the article of
4657-personal property on or in relation to which t he
4658-service was rendered, and
4659-(4) that the debt for the services rendered on or i n
4660-relation to the article of personal property was
4661-not paid. Provided, if the unpaid total amount
4662-of the debt for services rendered on or in
4663-relation to the article of persona l property is
4664-unknown, an approximated amount of the debt due
4665-and owing shall be included in the sworn
4666-statement but such approximated debt may be
4667-amended within thirty (30) days of such filing to
4668-reflect the actual amount of the debt due and
4669-owing.
4670-3. The enforcement of the lien shall be within sixty (60) days
4671-after filing the lien in the manner provided by law for enforcing
4672-the lien of a security agreement and provided that the lien shall
4673-not affect the rights of innocent, intervening purchasers without
4674-notice.
4675-C. If the person who renders service to the owner of an article
4676-of personal property to which this section applies relinquishes or
4677-loses possession of the article due to circumstances described in
4678-subparagraph a of paragraph 1 or subparagraph a of paragraph 2 of
4679-subsection B of this section, the person claiming the lien sha ll be
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4706-entitled to possession of the article until the amount due is paid,
4707-unless the article is possessed by a person who became a bona fide
4708-purchaser. Entitlement to possession shall be in accordance with
4709-the following:
4710-1. The claimant may take possess ion of an article pursuant to
4711-this subsection only if the person obligated under the contract for
4712-services has signed an acknowledgment of receipt of a notice that
4713-the article may be subject to repossession. The notice and
4714-acknowledgment pursuant to this subsection shall be:
4715-a. in writing and separate from the written contract for
4716-services, or
4717-b. printed on the written contract for services, credit
4718-agreement or other document whic h displays the notice
4719-in bold-faced, capitalized and underlined type, or is
4720-separated from surrounding written material so as to
4721-be conspicuous with a separate signature line;
4722-2. The claimant may require the person obligated under the
4723-contract for service s to pay the costs of repossession as a
4724-condition for reclaiming the artic le only to the extent of the
4725-reasonable fair market value of the services required to take
4726-possession of the article;
4727-3. The claimant shall not transfer to a third party or to a
4728-person who performs repossession services, a check, money order, or
4729-credit card transaction that is received as payment for services
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4755-
4756-with respect to an article and that is returned to the claimant
4757-because of insufficient funds or no funds, because the person
4758-writing the check, issuing the money order, or credit cardholder has
4759-no account or because the check, money order, or credit card account
4760-has been closed. A person violating this paragraph shall be guilty
4761-of a misdemeanor; and
4762-4. An article that is repos sessed pursuant to this subsection
4763-shall be promptly delivered to the lo cation where the services were
4764-performed. The article shall remain at the services location at all
4765-times until the article is lawfully returned to the record owner or
4766-a lienholder or is disposed of pursuant to this section.
4767-D. 1. This section applies i f a vehicle, all-terrain vehicle,
4768-manufactured home, motorcycle, boat, outboard motor, or trailer has
4769-a certificate of title issued by the Tax Commission Service Oklahoma
4770-or by a federally recognized Indian tribe in Oklahoma, but there is
4771-no active lien recorded on the certificate of title.
4772-2. This section applies if a vehicle, all-terrain vehicle,
4773-utility vehicle, motorcycle, boat, outboard motor or trailer has a
4774-certificate of title i ssued by the Tax Commission Service Oklahoma
4775-or by a federally recogni zed Indian tribe in Oklahoma, and there is
4776-an active lien recorded on the certificate of title, but the lien is
4777-over fifteen (15) years old.
4778-3. This section applies if personal property to which Section
4779-91 of this title otherwise would apply has been reg istered by the
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4806-Tax Commission Service Oklahoma or by a federally recognized Indian
4807-tribe in the State of Oklahoma, and there is a lien of record but no
4808-certificate of title has been issue d.
4809-4. This section applies if personal property to which Section
4810-91 of this title otherwise would apply has not been registered by
4811-either the Tax Commission Service Oklahoma or a federally recognized
4812-Indian tribe in the State of Oklahoma, and no certifica te of title
4813-has been issued, but there is a lien of record.
4814-5. This section applies to personal property that otherwise
4815-would be covered by Section 91 of this title, except that the
4816-services were rendered or the property was abandoned prior to
4817-November 1, 2005.
4818-6. This section applies to a vehicle, all-terrain vehicle,
4819-utility vehicle, manufactured home, motorcycle, boat, outboard
4820-motor, or trailer for which ownership cannot be determined by
4821-ordinary means or by the Oklahoma Tax Commission Motor Vehicle
4822-Division Service Oklahoma, as provided in subparagraphs d and e of
4823-paragraph 4 of subsection A of this section, as applicable.
4824-7. This section applies to items of personal property that are
4825-not required by Oklahoma law to be titled, and that do not have a
4826-certificate of title.
4827-8. This section applies to salvage pools as defined in Section
4828-591.2 of Title 47 of the Oklahoma Statutes.
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4855-9. This section applies to class Class AA licensed wrecker
4856-services taking possession of a vehicle pursuant to an agreement
4857-with, or at the direction of, or dispatched by a state o r local law
4858-enforcement or government agency, or pursuant to t he abandoned
4859-vehicle removal provisions of Section 954A of Title 47 of the
4860-Oklahoma Statutes with respect to all types of personal property ,
4861-regardless of whether that personal property has a ce rtificate of
4862-title.
4863-10. For a vehicle abandoned at a salvage pool, if the cost of
4864-repairing the vehicle for safe operation on the highway does not
4865-exceed sixty percent (60%) of the fair market value o f the vehicle
4866-as defined in Section 1111 of Title 47 of the Oklahoma Statutes, a
4867-salvage title shall not be required.
4868-E. A person who knowingly makes a false statement of a material
4869-fact regarding the furnishing of storage, rental space, material,
4870-labor or skill for the protection, improvement, safekeeping, t owing,
4871-right to occupy space, storage or carriage thereof in a proceeding
4872-under this section, or attempts to use or uses the provisions of
4873-this section to foreclose an owner or lienholder ’s interest in a
4874-vehicle knowing that any of the statements made in t he proceeding
4875-are false, upon conviction, shall be guilty of a felony.
4876-F. Upon receipt of notice of legal proceedings, the Tax
4877-Commission Service Oklahoma shall cause the sale process to be put
4878-on hold until notice of resolution of court proceedings is re ceived
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4905-from the court. If such notice of commencement of cour t proceedings
4906-is not filed with the Tax Commission Service Oklahoma, the
4907-possessory lien sale process may continue.
4908-G. No possessory lien sale shall be held on a Sunday.
4909-H. For purposes of thi s section:
4910-1. “Possession” includes actual possession and con structive
4911-possession;
4912-2. “Constructive possession” means possession by a person who,
4913-although not in actual possession, does not have a n intention to
4914-abandon property, knowingly has both power and the intention at a
4915-given time to exercise dominion or cont rol over the property, and
4916-who holds claim to such thing by virtue of some legal right;
4917-3. “Lawfully in possession ” means a person has documentation
4918-from the owner or the owner’s authorized agent, or an insurance
4919-company or its authorized agent, authorizi ng the furnishing of
4920-material, labor or storage, or that the property was authorized to
4921-be towed to a repair facility.
4922-Class AA wrecker services taking possession of a vehicle
4923-pursuant to an agreement with, or at the directio n of, or dispatched
4924-by, a state or local law enforcement or government agency, or
4925-pursuant to the abandoned vehicle removal provisions of Section 954A
4926-of Title 47 of the Oklahoma Statutes, shall be considered lawfully
4927-in possession of the vehicle. If the person lacks such
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4954-documentation, the procedures established by this section shall not
4955-apply; and
4956-4. “Itemized charges” means total parts, total labor, total
4957-towing fees, total storage fees, total processing fees and totals o f
4958-any other fee groups, the sum total of which shall equal the
4959-compensation claimed.
4960-I. For purposes of this section, the United States Postal
4961-Service approved electronic equivalent of proof of return receipt
4962-requested Form 3811 shall satisfy return recei pt requested
4963-documentation requirements.
4964-J. If a person claim ing a special lien pursuant to this section
4965-fails to comply with any of the requirements of this section, any
4966-interested party may proceed against the person claiming such lien
4967-for all damages arising therefrom, including con version, if the
4968-article of personal property has been sold. If the notice or
4969-notices required by this section shall be shown to be knowingly
4970-false or fraudulent, the interested party shall be entitled to
4971-treble damages. The prevailing party shall be enti tled to all
4972-costs, including reasonable attorney fees.
4973-K. Any interested party shall be permitted to visually inspect
4974-and verify the services rendered by the cl aimant prior to the sale
4975-of the article of property during norma l business hours. If the
4976-claimant fails to allow any interest ed party to inspect the
4977-property, the interested party shall mail a request for inspection
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5004-by certified mail, return receipt reque sted, to the claimant.
5005-Within three (3) business days of receip t of the request for
5006-inspection, the claimant shall mail a pho tograph of the property, by
5007-certified mail, return receipt requested, and a date of inspection
5008-within five (5) business days from the date of the notice to
5009-inspect. The lienholder shall be allo wed to retrieve the property
5010-without being required to bring t he title into the lienholder’s
5011-name, if the lienholder provides proof it is a lienholder and any
5012-payment due the claimant for lawf ul charges where the claimant has
5013-complied with this section. U pon the release of personal pro perty
5014-to an insurer or represen tative of the insurer, wrecker operators
5015-shall be exempt from all liability and shall be held harmless for
5016-any losses or claims of loss. In the event any law enforcement
5017-agency places a hold on the property, the party wantin g to inspect
5018-or photograph the property shall obtain permission from the law
5019-enforcement agency that placed the hold on the property before
5020-inspecting or photogr aphing.
5021-L. This section shall apply to all actions or proceedin gs that
5022-commence on or after th e effective date of this act.
5023-SECTION 10. AMENDATORY 47 O.S. 2021, Section 2-106, as
111+SECTION 1. AMENDATORY 47 O.S. 2021, Section 2-106, as
5024112 amended by Section 28, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
5025113 Section 2-106), is amended to read as follow s:
5026114 Section 2-106. A. There are hereby established in Service
5027115 Oklahoma the Driver License Services Division and other such
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5054116 divisions as the Executive Director of Service Oklahoma may direct.
5055117 There are also hereby established in the Department of Public S afety
5056118 the Driver Compliance Division and such other divisions as the
5057119 Commissioner of Public Safety may direct.
5058120 B. The Driver License Services Division shall consist of
5059121 noncommissioned classified employees of Service Oklahoma who may
5060122 administer tests for t he purpose of issuing driver licenses pursuant
5061123 to Section 6-101 et seq. of this title.
5062124 C. Any employee appointed to the position of Driver License
5063125 Examiner shall be not less than twenty-one (21) nor more than sixty-
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5064152 five (65) years of age and any person appointed to the position of
5065153 Senior Driver License Examiner shall have held the position of
5066154 Driver License Examiner with the Department or Service Oklahoma for
5067155 not less than three (3) years immediately preceding such
5068156 appointment.
5069157 D. 1. Any person appointed to any position created pursuant to
5070158 this section shall:
5071-a. be a citizen of the State of Oklahoma this state,
159+a. be a citizen of the State of Oklahoma,
5072160 b. be of good moral character,
5073161 c. possess a high school diploma or General Educational
5074162 Development equivalency certificate, and
5075163 d. meet physical and men tal standards as the Executive
5076164 Director of Service Oklahoma may prescribe. The scope
5077165 of the physical and mental examinations for persons
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5104166 appointed as a Driver License Examiner or Senior
5105167 Driver License Examiner shall be as prescribed by the
5106168 Executive Director of Service Oklahoma.
5107169 2. Any person appointed to the position of Driver License
5108170 Examiner shall be required to satisfactorily complete satisfactorily
5109171 a course of training as prescribed by the Executive Director of
5110172 Service Oklahoma.
5111173 E. Drunkenness, being under the influence of an intoxicating
5112174 substance or any conduct not becoming an officer or public employee
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5113201 shall be sufficient grounds for the removal of any employ ee
5114202 appointed pursuant to this section.
5115203 F. The annual salaries of personnel comprising this section
5116204 shall be in accordance and conformity with the findings for
5117205 Department of Public Safety law enforcement personnel of the State
5118206 of Oklahoma Total Remuneratio n Study of 2013.
5119-SECTION 11. AMENDATORY 47 O.S. 2021, Section 2 -108.3, as
207+SECTION 2. AMENDATORY 47 O.S. 2021, Section 2 -108.3, as
5120208 amended by Section 29, Chapter 282, O.S.L. 2022 (47 O.S . Supp. 2022,
5121209 Section 2-108.3), is amended to read as follows:
5122210 Section 2-108.3. A. In an effort to improve the public safety
5123211 of all citizens of this state, a more uniform and expeditious method
5124212 of obtaining ownership and registration information of all motor
5125213 vehicles operating on the roads and highways of this state is
5126214 required. Any method developed shall be conducted in accordance
5127215 with subsection B of this section.
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5154216 B. In addition to the powers and duties prescribed by law, the
5155217 Executive Director of Service Oklahoma shall be authorized to direct
5156218 Service Oklahoma to develop a proposal for an intergovernmental
5157219 cooperative agreement pursuant to paragraph 1 of subsection D of
5158220 Section 1221 of Title 74 of the Oklahoma Statutes between Service
5159221 Oklahoma and all tribal governments that issue tribal license plates
5160222 and maintain ownership and registration information.
5161-SECTION 12. AMENDATORY Section 1, Chapter 282, O.S.L.
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249+SECTION 3. AMENDATORY Section 1, Chapter 282, O.S.L.
5162250 2022 (47 O.S. Supp. 2022, Section 3-101), is amended to read as
5163251 follows:
5164252 Section 3-101. A. Service Oklahoma, a division of the Office
5165253 of Management and Enter prise Services, is hereby created, which
5166254 shall consist of the Executive Director of Service Oklahoma and such
5167255 divisions, sections, committees, offices, board s, and positions as
5168256 may be established by the Executive Director of Service Oklahoma or
5169257 by law.
5170258 The applicable powers, duties, and responsibilities exercised by
5171259 the Driver License Services Division of the Depa rtment of Public
5172260 Safety shall be fully transferred to Ser vice Oklahoma on November 1,
5173261 2022. All employees of the Department of Public Safety whose duties
5174262 are transferred under this act shall be transferred to Ser vice
5175263 Oklahoma.
5176264 The applicable powers, dutie s, and responsibilities exercised by
5177265 the Motor Services D ivision of the Oklahoma Tax Commission shall be
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5204266 fully transferred to Service Oklahoma on January 1, 2023. All
5205267 employees of the Oklahoma Tax Commission whos e duties are
5206268 transferred under this act sha ll be transferred to Service Oklahoma.
5207269 B. 1. Beginning on the effective date of this act, Service
5208270 Oklahoma shall cease to be part of or a division of the Office of
5209271 Management and Enter prise Services and shall be deemed to b e a
5210272 separate and distinct agenc y, to be known as Service Oklahoma.
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5211299 Service Oklahoma and the Executive Director of Service Oklahoma
5212300 shall continue to exercise their statutory powers, duties, and
5213301 contractual responsibilities. All records, property, equipmen t,
5214302 assets, monies, financial interests, liabilities, matters pending,
5215303 and funds of the division shall be transferred to Service Oklahoma.
5216304 2. Service Oklahoma shall succeed to any contractual rights or
5217305 responsibilities incurred by the Office of Management and Enterprise
5218306 Services pertaining to licensed operators.
5219307 3. Rules promulgated by the Office of Management and Enterprise
5220308 Services pertaining to Service Oklahoma that are in effect on the
5221309 effective date of this act shall be immediately adopted and enforce d
5222310 by the Executive Director of Service Oklahoma. The Executive
5223311 Director maintains the au thority to further promulgate and enforce
5224312 rules.
5225313 4. The Office of Management and Enterprise Services and Service
5226314 Oklahoma may enter into an agreement for th e transfer of personnel
5227315 from the Office of Management and Enterprise Services to Service
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5254316 Oklahoma. No employee shall be transferred to Service Oklahoma
5255317 except on the freely given written consent of the employee. All
5256318 employees who are transferred to Service Oklahoma shall not be
5257319 required to accept a lesser grade or salary than presently received.
5258320 All employees shall retain leave, sick, and annual time earned, and
5259321 any retirement and longevity benefits which have accrued during
5260322 their tenure with the Office of Management and Enterprise Services.
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5261349 The transfer of personnel between the sta te agencies shall be
5262350 coordinated with the Office of Management and En terprise Services.
5263351 5. The expenses incurred by Service Oklahoma as a result of the
5264352 transfer required by this subsec tion shall be paid by Service
5265353 Oklahoma.
5266354 6. The division within the Department known as Service Oklahoma
5267355 shall be abolished by the Office of Management and Enterprise
5268356 Services after the transfer has been completed.
5269357 7. The Office of Management and Enterpri se Services shall
5270358 coordinate the transfer of records, property, equipment, assets,
5271359 funds, allotments, purchase orders, liabilities, outstand ing
5272360 financial obligations, or encumbrances provided for in this
5273361 subsection.
5274-SECTION 13. AMENDATORY Section 2, Chapter 282 , O.S.L.
362+SECTION 4. AMENDATORY Section 2, Chapter 282 , O.S.L.
5275363 2022 (47 O.S. Supp. 2022, Section 3 -102), is amended to read as
5276364 follows:
5277365 Section 3-102. As used in this act:
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5304366 1. “Board” shall mean the Service Oklahoma Operator Board;
5305367 2. “Committee” shall mean the Licensed Operator Advisory
5306368 Committee;
5307369 3. “Executive Director” shall mean the chief executive officer
5308370 of Service Oklahoma;
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5309397 4. “Good standing” shall mean a licensed operator is current on
5310398 all required reporting and remi ttances and whose license is not
5311399 under review for revocation by the Service Oklahom a Operator Board;
5312400 5. “License” shall mean the authority granted by the Service
5313401 Oklahoma Operator Board to an individual for purposes of operating a
5314402 Service Oklahoma location;
5315403 6. “Licensed operator” shall mean an individual who obtains a
5316404 license from the Service Oklahoma Operator Board to operate a
5317405 designated Service Oklahoma location and offers third-party
5318406 fulfillment of designated services to be rendered by Service
5319407 Oklahoma, as set forth in Section 114 0 et seq. of Title 47 of the
5320-Oklahoma Statutes this title. Any reference to motor license agent
5321-in the Oklahoma Statutes shall mean licensed operator; and
408+Oklahoma Statutes. Any reference to motor license agent in the
409+Oklahoma Statutes shall mean licensed operator; and
5322410 7. “Service Oklahoma location” shall mean any location where
5323411 services offered by Service Oklahoma are provided including
5324412 locations operated by either Service Oklahoma or pursuant to a
5325413 license issued by Ser vice Oklahoma.
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5352-SECTION 14. AMENDATORY Section 3, Chapter 282, O.S.L.
414+SECTION 5. AMENDATORY Section 3, Chapter 282, O.S.L.
5353415 2022 (47 O.S. Supp. 2022, Section 3 -103), is amended to read as
5354416 follows:
5355417 Section 3-103. A. The Executive Director of Service Oklahoma
5356418 shall be appointed by the Governor with the advice and consent of
5357419 the Senate. The Executive Director shall serve at the pleasure of
5358420 the Governor and may be removed or replaced withou t cause.
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5359447 Compensation for the Executive Director shall be determined pursuant
5360448 to Section 3601.2 of Title 74 of the Oklahoma Statutes. The
5361449 Executive Director may be removed from office by a two-thirds (2/3)
5362450 vote of the members elected to and constituting each chamber of the
5363451 Oklahoma Legislature.
5364452 B. The Executive Director of Service Oklahoma shall be the
5365453 chief executive officer of Service Oklahoma and shall act for
5366454 Service Oklahoma in all matters except as may be otherwise provided
5367455 by law. The powers and duties of the Executive Director shall
5368456 include, but not be limited to:
5369457 1. Organize Service Oklahoma in a manner to efficiently achieve
5370458 the objectives of Service Oklahoma;
5371459 2. Supervise all activities of Service Oklahoma;
5372460 3. Administer programs and policies of Service Oklahoma;
5373461 4. Employ, discharge, appoint, contract, and fix duties and
5374462 compensation of employees at th e discretion of the Executive
5375463 Director;
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5402464 5. Appoint assistants, deputies, officers, investigators,
5403465 attorneys, and other employees as may be necessary to carry out
5404466 functions of Service Oklahoma;
5405467 6. Prescribe rules and regulations for the operation of Service
5406468 Oklahoma;
5407469 7. Provide input and recommendations to the Service Oklahoma
5408470 Operator Board on all matters including branding and physical
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5409497 standardization requirements, customer service metrics, analysis,
5410498 and improvement processes for licensed operators, and processes for
5411499 termination of licensed operators for failure to comply with the
5412500 customer service metrics;
5413501 8. Establish internal policies and procedures;
5414502 9. Prescribe and provide suitable forms deemed necessary to
5415503 carry out the functions of Service Oklahoma and any other laws the
5416504 enforcement and administration of which are vested in Service
5417505 Oklahoma;
5418506 10. Establish such divisions, sections , committees, advisory
5419507 committees, offices, and positions in Service Oklahoma as the
5420508 Executive Director deems necessary to carry out the functions of
5421509 Service Oklahoma;
5422510 11. Accept and disburse grants, allotments, gifts, devises,
5423511 bequests, funds, appropriations , and other property made or offered
5424512 to Service Oklahoma; and
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5451513 12. Create the budget for Service Oklahoma to be submitted to
5452514 the Legislature each year.
5453515 C. The salary and other expenses for the Executive Director
5454516 shall be budgeted as a separate line item through the Office of
5455517 Management and Enterprise Services Service Oklahoma. The operating
5456518 expenses of Service Oklahoma shall be set by the Executive Director
5457519 and shall be budgeted as a separate line item through the Office of
5458520 Management and Enterprise Services Service Oklahoma.
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5459547 D. 1. The Executive Director of Service Oklahoma shall direct
5460548 all purchases, hiring, pro curement, and budget for Service Oklahoma
5461549 of the Office of Management and Enterprise Services and establish,
5462550 implement, and enforce policies and procedures related thereto,
5463551 consistent with the Oklahoma Central Purchasing Act. Service
5464552 Oklahoma and the Executive Director shall be subject to the
5465553 requirements of the Public Competitive Bidding Act of 1974, the
5466554 Oklahoma Lighting Energy Conservation Act, and the Public Building
5467-Construction and Planning Facilities Act.
555+Construction and Planning Act.
5468556 2. The Executive Director of Service Oklahoma, or any emp loyee
5469557 or agent of the Executive Director of Service Oklahoma acting within
5470558 the scope of delegated authority, shall have the same power and
5471559 authority related to purchases, hiring, procurement, and b udget for
5472560 Service Oklahoma as outlined in paragraph 1 of th is subsection for
5473561 Service Oklahoma as the State Purchasing Director has for all
5474562 acquisitions used or consumed by state agenc ies as established in
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5501563 the Oklahoma Central Purchasing Act. Such authority shall,
5502564 consistent with the authority granted to the State Purchasing
5503565 Director pursuant to Section 85.10 of Title 74 of the Oklahoma
5504566 Statutes, include the power to designate financial or proprietary
5505567 information submitted by a bidder confidential and rejec t all
5506568 requests to disclose the information so designated, i f the Executive
5507569 Director of Service Oklahoma requires the bidder to submit the
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5508596 financial or proprietary information with a bid, proposa l, or
5509597 quotation.
5510-SECTION 15. AMENDATORY Section 4, Chapter 282, O.S.L.
598+SECTION 6. AMENDATORY Section 4, Chapter 282, O.S.L.
5511599 2022 (47 O.S. Supp. 2022, Section 3-104), is amended to read as
5512600 follows:
5513601 Section 3-104. A. There is hereby created the Service Oklahoma
5514602 Operator Board, which shall be an advisory body to the Executive
5515603 Director of Service Oklahoma and shall consist of nine (9) members
5516604 who shall each serve a term of two (2) years.
5517605 B. The membership of the Board shall be comprised as follows:
5518606 1. Two members appointed by the Governor;
5519607 2. Two members appointed by the President Pro Tempore o f the
5520608 Oklahoma State Senate;
5521609 3. Two members appointed by the Speaker of the Oklahoma House
5522610 of Representatives;
5523611 4. One member who shall be a licensed operator, currently in
5524612 good standing with Service Oklahoma, who operates a Service Oklahoma
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5551613 location in a county with a population of one hundred thousand
5552614 (100,000) or more, according to the latest Federal Decennial Census
5553615 data, who shall be appointed by the President Pro Te mpore of the
5554616 Senate;
5555617 5. One member who shall be a licensed operator, currently in
5556618 good standing with Service Oklah oma, who operates a Service Ok lahoma
5557619 location in a county with a population of less than one hundred
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5558646 thousand (100,000), according to the latest Federal Decennial Census
5559647 data, who shall be appointed by the Speaker of the House of
5560648 Representatives; and
5561649 6. One member who shall be t he Executive Director of Service
5562650 Oklahoma or a person designated by the Executive Director.
5563651 C. 1. Appointments to the initial Ser vice Oklahoma Operator
5564652 Board shall be made within forty-five (45) days of the effective
5565653 date of this act May 19, 2022.
5566654 2. The Executive Director of Service Oklahoma shall make the
5567655 initial appointment to fill the position of chair of the Licensed
5568656 Operator Advisory Committee. This appointee shall only serve until
5569657 the chair of the Licensed Operator Advisory Committee is determined.
5570658 3. Each member shall serve at the pleasure of his or her
5571659 appointing authority and may be removed or replaced without cause.
5572660 4. Any member of the Boar d shall be prohibited from voting on
5573661 any issue in which the member has a direct financial interest.
5574662 D. The Board shall have the power and duty to:
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5601663 1. Approve guidelines, objectives, and performance standards
5602664 for licensed operators;
5603665 2. Establish branding and physical standardization
5604666 requirements, with the input and recommendation of the Executive
5605667 Director of Service Oklahoma;
5606668 3. Establish customer service metric s, analysis, and
5607669 improvement processes for licensed operators, and processes for
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5608696 termination of licensed operators for failure to comply with the
5609697 customer service metrics, with the input and recommendat ion of the
5610698 Executive Director of Service Oklahoma;
5611699 4. Make recommendations to the Executive Director of Service
5612700 Oklahoma on all matters related to licensed operators;
5613701 5. Assist Service Oklahoma in conducting periodic reviews
5614702 related to the goals, objecti ves, priorities, and policies related
5615703 to licensed operators; and
5616704 6. Establish rules and qualifications for members of the
5617705 Licensed Operator Advisory Committee.
5618706 E. The Board shall hold meetings as necessary at a place and
5619707 time to be fixed by the Board . The Board shall elect, at its first
5620708 meeting, one member to serve as chair and one member to serve as
5621709 vice-chair. At the first meeting in each calendar year, the chair
5622710 and vice-chair for the ensuing year shall be elected by the Board.
5623711 Special meetings may be called by the chair or by four members of
5624712 the Board by delivery of written notice to each member of the Board.
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5651713 F. A majority of the members of the Board shall constitute a
5652714 quorum for the transaction of business and taking any official
5653715 actions. Official action of the Board shall require a favorable
5654716 vote by a majority of the members present.
5655717 G. Members of the Board shall serve without compensation but
5656718 shall be reimbursed for expenses incurred in the performance of
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5657745 their duties in accordance with the pro visions of the State Travel
5658746 Reimbursement Act.
5659747 H. The Board shall act in accordance with the provisions of the
5660748 Oklahoma Open Records Act and the Administrative Procedures Act.
5661-SECTION 16. AMENDATORY Section 6, Chapter 282, O.S.L.
749+SECTION 7. AMENDATORY Section 6, Chapter 2 82, O.S.L.
5662750 2022 (47 O.S. Supp. 2022, Section 3-106), is amended to read as
5663751 follows:
5664752 Section 3-106. A. There is hereby created in the State
5665753 Treasury a revolving fund f or Service Oklahoma to be designated the
5666754 “Service Oklahoma Revolving Fund”. The fund shall be a continuing
5667755 fund, not subject to fiscal year limitations. All monies accruing
5668-to the credit of said the fund are hereby appropriated and shall be
756+to the credit of said fund are hereby appropriated and shall be
5669757 budgeted and expended by Service Oklahoma for the restricted
5670758 purposes of the monies as prescribed by law . Expenditures from said
5671-the fund shall be made upon warrants is sued by the State Treasurer
5672-against claims filed as pr escribed by law with the Director of the
5673-Office of Management and Enterprise Services for approval and
5674-payment.
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759+fund shall be made upon warrants issued by the State Treasurer
760+against claims filed as prescribed by law with the Executive
761+Director of the Office of Management and Enterprise Services for
762+approval and payment.
5701763 B. There is hereby created in the State Treasury a revolving
5702764 fund for Service Oklahoma to be designated the “Service Oklahoma
5703765 Reimbursement Fund”. The fund shall be a continuing fund, not
5704766 subject to fiscal year limitations. All monies accruing to the
5705-credit of said the fund are hereby appropriated and shall be
5706-budgeted and expended by Service O klahoma for the restricted
5707-purposes of the monies a s prescribed by law. Expenditures from said
5708-the fund shall be made upon warrants issued by th e State Treasurer
5709-against claims filed as prescribed by law with the Director of the
5710-Office of Management and Enter prise Services for approval and
5711-payment.
767+credit of said fund are hereby ap propriated and shall be budgeted
768+and expended by Service Oklahoma for the restricted purposes of the
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795+monies as prescribed by law. Expenditures from said fund shall be
796+made upon warrants issued by the State Treasurer against claims
797+filed as prescribed by l aw with the Executive Director of the Office
798+of Management and Enterprise Services for approval and payment.
5712799 C. There is hereby created in the State Treasury a revo lving
5713800 fund for Service Oklahoma, to be designated the “Service Oklahoma
5714801 Computer Imaging System Revolving Fund”. The fund shall be a
5715802 continuing fund not subject to fiscal year limitations. All monies
5716-accruing to the credit of said the fund are hereby appro priated and
803+accruing to the credit of said fund are hereby appropr iated and
5717804 shall be budgeted and expended by Service O klahoma for the purpose
5718805 of implementing, developing, administering, and maintaining the
5719806 computer imaging system of Service Oklahoma. Expenditures from said
5720-the fund shall be made upon warrants issued by t he State Treasurer
5721-against claims filed as prescribed by law with the Director of the
5722-Office of Management and Enterprise Services for approval and
5723-payment.
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5750-D. There is hereby created a Petty Cash Fu nd for Service
5751-Oklahoma. The fund shall be used by Ser vice Oklahoma to operate
5752-cash drawers as necessary. The amount of the Petty Cash Fund shall
5753-be determined by the Executive Director of Service Oklahoma and the
5754-Director of the Office of Management and Enterprise Services.
5755-Purchases from the Petty Cash Fund shall b e prohibited. The
5756-Director of Office of Management and Enterprise Services shall be
5757-authorized to prescribe forms, systems, and procedures for the
5758-administration of the Petty Cash Fund.
5759-SECTION 17. AMENDATORY Section 7, Chapter 2 82, O.S.L.
807+fund shall be made upon warrants issued by the State Treasurer
808+against claims filed as prescribed b y law with the Executive
809+Director of the Office of Management and Enterprise Services for
810+approval and payment .
811+SECTION 8. AMENDATORY Section 7, Chapter 282, O.S.L.
5760812 2022 (47 O.S. Supp. 2022, S ection 3-107), is amended to read as
5761813 follows:
5762814 Section 3-107. A. All records of Service Oklahoma, other than
5763815 those declared by law to be confidential for the use of Service
5764816 Oklahoma, shall be open to public inspection during normal business
5765817 hours.
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5766844 B. The records and files of Service Oklahoma concerning any
5767845 state tax law shall be considered confidential and privileged,
5768846 except as otherwise provided by law, and neither Service Oklahoma
5769847 nor any employee engaged in the administration of Service Oklahoma
5770848 or charged with the custody of any such records or files nor any
5771849 person who may have secured information from Service Oklahoma shall
5772850 disclose any information obtained from the records or f iles or from
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5799851 any examination or inspection of the premises or property of any
5800852 person.
5801853 C. The Executive Director shall supervise the maintenance of
5802854 all records of Service Oklahoma and shall adopt rules concerning the
5803855 destruction and retention of records. Records of Service Oklahoma
5804856 shall not be subject to the provisions of:
5805857 1. Sections 305 through 317 of Title 67 of the Oklahoma
5806858 Statutes or be transferred to the custody or control of the State
5807-Archives and Records Commission;
859+Archives Commission;
5808860 2. Section 590 of Title 21 of the Oklahoma Statut es; or
5809861 3. The Records Management Act, Sections 201 through 215 of
5810862 Title 67 of the Oklahoma Statutes.
5811863 In carrying out the powers and duties of Service Oklahoma, the
5812864 Executive Director may, pursuant to an adopted rule, order
5813865 destruction of records deemed to no longer be of value to Service
5814866 Oklahoma.
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5815893 D. 1. The Executive Director may cause any or all records kept
5816894 by Service Oklahoma to be phot ographed, microphotographed,
5817895 photostatted, reproduced on film, or stored on computer storage
5818896 medium. The film or reproducing material shall be of durable
5819897 material, and the device used to reproduce the records on the fil m
5820898 or reproducing material shall accu rately reproduce and perpetuate
5821899 the original records in all detail.
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5848900 2. The photostatic copy, photograph, microphotograph,
5849901 photographic film, or computerized image of the original record
5850902 shall be deemed to be an original record for all purposes and shall
5851903 be admissible as evidence in all courts or administrative agencies.
5852904 A facsimile, exemplification, or certified copy thereof shall be
5853905 deemed to be a transcript, exemplification, or certified copy of the
5854906 original.
5855907 3. The photostatic copies, photographs, mic rophotographs,
5856908 reproduction on film, or computerized images shall be placed in
5857909 conveniently accessible files and provisions shall be made for
5858910 preserving, examining, and using copies, photographs,
5859911 microphotographs, reprod uctions on film, and computerized images.
5860912 The Executive Director is empowered to authorize the disposal,
5861913 archival storage, or the destruction of the original records or
5862914 papers.
5863-SECTION 18. AMENDATORY Section 8, Chapter 282, O.S.L.
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941+SECTION 9. AMENDATORY Section 8, Chapter 282, O.S.L.
5864942 2022 (47 O.S. Supp. 2022, Section 3 -108), is amended to read as
5865943 follows:
5866944 Section 3-108. A. The Executive Director may enter into
5867945 interagency agreements for the inspection, release, and disclos ure
5868946 of information contained in the records of Service Oklaho ma to the
5869947 extent that the inspection, release, or disclosure is necessary and
5870948 appropriate.
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5897949 B. The Executive Director may enter into interagency agreements
5898950 in order to administer the responsibilities pursu ant to the
5899-provisions of this act Section 3-101 et seq. of this title,
5900-including, but not limited to, the receipt of proceeds for the
5901-provision of services provided by Service Oklahoma.
951+provisions of this act, including, but not limited to, the receipt
952+of proceeds for the provision of services provided by Service
953+Oklahoma.
5902954 C. The Executive Director may enter into interagency agreements
5903955 with the Department of Public Safety to assume cont rol over the
5904956 operations or management and acquire ownership of any satellite
5905957 offices of the Department of Public Safety that provide driving
5906958 services.
5907-SECTION 19. AMENDATORY Sect ion 10, Chapter 282, O.S.L.
959+SECTION 10. AMENDATORY Sectio n 10, Chapter 282, O.S.L.
5908960 2022 (47 O.S. Supp. 2022, Se ction 3-110), is amended to read as
5909961 follows:
5910962 Section 3-110. A. Officers and employees of Service Oklahoma
5911963 designated by the Executive Director for the purpose of
5912964 administering the motor vehicle laws of this state are authorized to
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5913991 administer oaths and ac knowledge signatures and shall do so without
5914992 fee.
5915993 B. The Executive Director and such officers of Service Oklahoma
5916994 as the Executive Director may designate are h ereby authorized to
5917995 prepare under the seal of Service Oklahoma and deliver upon request
5918996 a certified copy of any record of Service Oklahoma, charging a fee
5919997 of Three Dollars ($3.00) for each record so certified, and every
5920998 such certified copy shall be admissi ble in any proceeding in any
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5947999 court in like manner as the original thereof. A certification fee
59481000 shall be charged:
59491001 1. Only if the person requesting the record specifically
59501002 requests that the record be certified; and
59511003 2. In addition to the copying and reprod uction fees provided by
59521004 the Oklahoma Open Records Act and any other applicable law.
59531005 C. The Executive Director and such officers of Service Oklahoma
59541006 as the Executive Director may designate are hereby authorized to
59551007 provide at no charge a copy of any record required to be ma intained
59561008 by Service Oklahoma to any of the following government age ncies when
59571009 requested in the performance of official governmental duties:
59581010 1. The driver license agency of any other state;
59591011 2. Any court, district attorney, or municipal prosecutor in
59601012 this state or any other state;
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59611039 3. Any law enforcement agency in this state or any other state
59621040 or any federal agency empowered by law to make arrests for public
59631041 offenses;
59641042 4. Any public school district in this state for purposes of
59651043 providing the Motor Vehicle Report of a currently employed school
59661044 bus driver or person making application for employment as a school
59671045 bus driver;
59681046 5. The Department of Human Services for the purpose of
59691047 providing the Motor Vehicle Report to ascertain the suitability of
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59961048 any person being considered by the Department of Human Services for
59971049 placement of a child in foster care or adoption of the child;
59981050 6. The Office of Juvenile Affairs for the purpose of providing
59991051 the Motor Vehicle Report to ascertain the suitability of any person
60001052 being considered by the Office of Juvenile Affairs for placement of
60011053 a child in foster care;
60021054 7. Any nonprofit provider exempt from federal income tax
60031055 pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986,
60041056 as amended, and contracted by the Developmental D isabilities
60051057 Services Division of the Oklahoma Department of Human Services; or
60061058 8. Any state agency in this state.
60071059 D. Any record required to be maintained by Service Oklahoma may
60081060 be released to any other entity free of charge when the release of
60091061 the record would be for the benefit of the public, as determined by
60101062 the Executive Director or a designee of the Executive Director.
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60111089 E. The following records shall be provided by Service Oklahoma
60121090 to any authorized recipient, pursuant to the provisions of the
60131091 Driver’s Privacy Protection Act, 18 U.S.C., Sections 2721 through
60141092 2725, upon payment of the appropriate fees for the records:
60151093 1. A Motor Vehicle Report, as defined in Section 6-117 of Title
60161094 47 of the Oklahoma Statutes; and
60171095 2. A copy of any driving record related to the Motor Vehicle
60181096 Report.
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60451097 F. 1. The provisions of subsections B, D, and E of this
60461098 section and the Oklahoma Open Records Act shall not apply to the
60471099 release of personal information from any driving record of any
60481100 person. Such personal information shall be confidential except as
60491101 provided for in this subsection or in the provisions of the Driver’s
60501102 Privacy Protection Act, 18 U.S.C., Sections 2721 through 2725. Upon
60511103 written request to the Executive Director of Service Oklahoma by a
60521104 law enforcement agency or another state’s or country’s driver
60531105 licensing agency for personal information on a specific individual
60541106 as named or otherwise identified in the written request, to be used
60551107 in the official capacity of the agency, the Executive Director may
60561108 release such personal information to the agency pursuant to the
60571109 provisions of the Driver’s Privacy Protection Act, 18 U.S.C.,
60581110 Sections 2721 through 2725. Provided, the provisions of this
6059-subsection or any other provision of this act Section 3-101 et seq.
6060-of this title shall not be construed to keep audio or video
6061-recordings of Service Oklaho ma confidential beyond any exception
6062-provided for in the Oklahoma Open Records Act.
1111+subsection or any other provision of this act shall not be construed
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1138+to keep audio or video recordings of Service Oklaho ma confidential
1139+beyond any exception provided for in the Oklahoma Open Records Act.
60631140 2. For the purposes of this subsection, “personal information”
60641141 means information which identifies a person, including, but not
60651142 limited to, a photograph or image of the person in computerized
60661143 format, fingerprint image in computerized format, signature or
60671144 signature in computerized format, Social Security number, residence
60681145 address, mailing address, and medical or disability information.
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6095-SECTION 20. AMENDATORY 47 O.S. 2021, Section 6-101, as
6096-last amended by Section 37, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
6097-2022, Section 6-101), is amended to read as follows:
6098-Section 6-101. A. No person, except those hereinafter
6099-expressly exempted in Sections 6 -102 and 6-102.1 of this title,
6100-shall operate any motor vehicle upon a highway in this state unless
6101-the person has a valid Oklahoma driver license for the class of
6102-vehicle being operated under t he provisions of this title. No
6103-person shall be permitted to pos sess more than one valid license at
6104-any time, except as provided in paragraph 4 of subsection F of this
6105-section.
6106-B. 1. No person shall operate a C lass A commercial motor
6107-vehicle unless the person is eighteen (18) years of age or older and
6108-holds a valid Class A commercial license, except as provided in
6109-paragraph 5 of this subsection and subsection F of this section.
6110-Any person holding a valid Class A commercial license shall be
6111-permitted to operate motor vehicles in Classes A, B, C and D, except
6112-as provided for in paragraph 4 of this subsection.
6113-2. No person shall operate a Class B commercial motor vehicle
6114-unless the person is eighteen (18) years of age or older and holds a
6115-valid Class B commercial license, except as provided in paragraph 5
6116-of subsection F of this section. Any person holding a valid Class B
6117-commercial license shall be permitted to operate motor vehicles in
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6144-Classes B, C and D, except as provided for in paragraph 4 of this
6145-subsection.
6146-3. No person shall operate a Class C commercial motor v ehicle
6147-unless the person is eighteen (18) years of age or older and holds a
6148-valid Class C commercial license, except as provided in subsection F
6149-of this section. Any person holding a vali d Class C commercial
6150-license shall be permitted to operate motor veh icles in Classes C
6151-and D, except as provided for in paragraph 4 of this subsection.
6152-4. No person under twenty-one (21) years of age shall be
6153-licensed to operate any motor vehicle which i s required to be
6154-placarded for hazardous materials pursuant to 49 C.F .R., Part 172,
6155-subpart F, except as provided in subsection F of this section;
6156-provided, a person eighteen (18) years of age or older may be
6157-licensed to operate a farm vehicle which is req uired to be placarded
6158-for hazardous materials pursuant to 49 C.F.R., Part 172, subpart F,
6159-except as provided in subsection F of this section.
6160-5. A person at least seventeen (17) years of age who
6161-successfully complete s all examinations required by law may be
6162-issued by Service Oklahoma:
6163-a. a restricted Class A commercial l icense which shall
6164-grant to the licensee the privilege to operate a Class
6165-A or Class B commercial motor vehicle for harvest
6166-purposes or a Class D moto r vehicle, or
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6193-b. a restricted Class B commercial license which shall
6194-grant to the licensee the privilege to operate a Class
6195-B commercial motor vehicle for harvest purposes or a
6196-Class D motor vehicle.
6197-6. No person shall operate a Class D motor vehicle unle ss the
6198-person is sixteen (16) years of age or older and holds a valid Class
6199-D license, except as provide d for in Section 6-102 or 6-105 of this
6200-title. Any person holding a valid Class D license shall be
6201-permitted to operate motor vehicles in Class D only.
6202-C. Any person issued a driver license pursuant to this section
6203-may exercise the privilege thereby gra nted upon all streets and
6204-highways in this state.
6205-D. No person shall operate a motorcycle or motor-driven cycle
6206-without having a valid Class A, B, C or D license with a motorcycle
6207-endorsement. Except as otherwise provided by law, any new applicant
6208-for an original driver license shall be required to successfully
6209-complete a written examination, vision examination and driving
6210-examination for a motorcycle as prescribed by the Department of
6211-Public Safety, in conjunction with Service Oklahoma, and a certified
6212-state-approved motorcycle basic rider course approved by the
6213-Department, in conjunction with Service Oklahoma, if the applicant
6214-is seventeen (17) years of age or younger to be eligible for a
6215-motorcycle endorsement thereon. The written examination and driv ing
6216-examination for a motorcycle shall be waived by Service Oklahoma
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6243-upon verification that the person has successfully completed a
6244-certified Motorcycle S afety Foundation rider course approved by the
6245-Department, in conjunction with Service Oklahoma.
6246-E. Except as otherwise provided by law, any person who lawfully
6247-possesses a valid Oklahoma driver license which is eligible for
6248-renewal shall be required to su ccessfully complete a written
6249-examination, vision examination and driving examination for a
6250-motorcycle as prescribed by the Department, in conjunction with
6251-Service Oklahoma, and a certified state-approved motorcycle basic
6252-rider course approved by the Depar tment, in conjunction with Service
6253-Oklahoma, if the person is seventeen (17) years of age or younger to
6254-be eligible for a motorcycle endorsement. The written examination
6255-and driving examination for a motorcycle shall be waived by Service
6256-Oklahoma upon verification that the person has successfully
6257-completed a certified Motorcycle Safety Foundation rider c ourse
6258-approved by the Department, in conjunction with Service Oklahoma.
6259-F. 1. Any person eighteen (18) years of age or older may apply
6260-for a restricted Class A, B or C commercial learner permit. Service
6261-Oklahoma, after the applicant has passed all part s of the
6262-examination for a Class D license and has successfully passed all
6263-parts of the examination for a Class A, B or C commercial license
6264-other than the driving examination, may issue to the applicant a
6265-commercial learner permit which shall entitle the person having
6266-immediate lawful possession of the commercial learner permit and a
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6287-20
6288-21
6289-22
6290-23
6291-24
6292-
6293-valid Oklahoma driver license or provisional driver license pursuant
6294-to Section 6-212 of this title to operate a Class A, B or C
6295-commercial motor vehicle upon the public highw ays solely for the
6296-purpose of behind-the-wheel training in accordance with rules
6297-promulgated by the Department.
6298-2. This commercial learner permit shall be issued for a period
6299-as provided in Section 6-115 of this title of one hundred eighty
6300-(180) days, which may be renewed one time for an additional one
6301-hundred eighty (180) days one year; provided, such commercial
6302-learner permit may be suspended, revoked, can celed, denied or
6303-disqualified at the discretion of the Department, with notice to
6304-Service Oklahoma, for violation of the restrictions, for failing to
6305-give the required or correct information on the application or for
6306-violation of any traffic laws of this s tate pertaining to the
6307-operation of a motor vehicle. Except as otherwise provided, the
6308-lawful possessor of a commercial learner permit who has been issued
6309-a commercial learner permit for a minimum of fourteen (14) days may
6310-have the restriction requiring a n accompanying driver removed by
6311-satisfactorily completing a driver’s examination; provided, the
6312-removal of a restriction shall not authorize the operation of a
6313-Class A, B or C commercial motor vehicle if such operation is
6314-otherwise prohibited by law.
6315-3. No person shall apply for and Service Oklahoma shall not
6316-issue an original Class A, B or C driver license until the person
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6339-22
6340-23
6341-24
6342-
6343-has been issued a commercial learner permit and held the permit for
6344-at least fourteen (14) days. Any person who currently holds a Cl ass
6345-B or C license and who wishes to apply for another class of
6346-commercial driver license shall be required to apply for a
6347-commercial learner permit and to hold the permit for at least
6348-fourteen (14) days before applying for the Class A or B license, as
6349-applicable. Any person who currently holds a Class A, B or C
6350-license and who wishes to add an endors ement or remove a restriction
6351-for which a skills examination is required shall be required to
6352-apply for a commercial learner permit and to hold the permit for at
6353-least fourteen (14) days before applying for the endorsement.
6354-4. A commercial learner permit shall be issued by Service
6355-Oklahoma as a separate and unique document which shall be valid only
6356-in conjunction with a valid Oklahoma driver license or provisi onal
6357-driver license pursuant to Section 6-212 of this title, both of
6358-which shall be in the posses sion of the person to whom they have
6359-been issued whenever that person is operating a commercial motor
6360-vehicle as provided in this subsection.
6361-5. After one renewal of a commercial learner permit, as
6362-provided in paragraph 2 of this subsection, a commercial permit
6363-shall not be renewed again. Any person who has held a commercial
6364-learner permit for the initial issuance period and one renewal
6365-period shall not be eli gible for and Service Oklahoma shall not
6366-issue another renewal of the permit; provided, the pers on may
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6390-23
6391-24
6392-
6393-reapply for a new commercial learner permit, as provided for in this
6394-subsection.
6395-G. 1. For purposes of this title:
6396-a. “REAL ID Compliant Driver License ” or “Identification
6397-Card” means a driver license or identification card
6398-issued by the State of Oklahoma this state that has
6399-been certified by the United States Department of
6400-Homeland Security (USDHS) as compliant with the
6401-requirements of the REAL ID Act of 2005, Public Law
6402-No. 109-13. A REAL ID Compliant Driver License or
6403-Identification Card and the process through which it
6404-is issued incorporate a variet y of security measures
6405-designed to protect the integrity and trustworthiness
6406-of the license or card. A REAL ID Compliant Driver
6407-License or Identification Card will be clearly marked
6408-on the face indicating th at it is a compliant
6409-document, and
6410-b. “REAL ID Noncompliant Driver License” or
6411-“Identification Card” means a driver license or
6412-identification card issued by the State of Oklahoma
6413-this state that has not been certified by the United
6414-States Department of Homeland Secu rity (USDHS) as
6415-being compliant with the req uirements of the REAL ID
6416-Act of 2005. A REAL ID Noncompliant Dr iver License or
6417-
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6421-4
6422-5
6423-6
6424-7
6425-8
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6430-13
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6433-16
6434-17
6435-18
6436-19
6437-20
6438-21
6439-22
6440-23
6441-24
6442-
6443-Identification Card will be clearly marked on the face
6444-indicating that it is not compliant with the federal
6445-REAL ID Act of 2005 and is not acceptable for official
6446-federal purposes. The driver lic ense or
6447-identification card will have a unique design or color
6448-indicator that clearly distinguishes it from a
6449-compliant license or card.
6450-2. Original Driver License and Identification Card Issuanc e:
6451-a. Application for an original REAL ID Compliant or REAL
6452-ID Noncompliant Driver License o r Identification Card
6453-shall be made to Service Oklahoma. Beginning January
6454-1, 2023, application for an original REAL ID Compliant
6455-Driver License or Identification Card may be made to
6456-Service Oklahoma or a licensed operator provided such
6457-licensed operator is authorized to process
6458-applications for REAL ID Compliant Driver Licenses and
6459-Identification Cards. Applications for a REAL ID
6460-Noncompliant Driver License or Ide ntification Card
6461-shall be made to Service Oklahoma.
6462-b. Service Oklahoma employees shall perf orm all document
6463-recognition and other requirements needed for approval
6464-of an original REAL ID Compliant or REAL ID
6465-Noncompliant Driver License or Identification Ca rd
6466-application. Beginning January 1, 2023, Service
6467-
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6491-24
6492-
6493-Oklahoma employees or authorized license d operators
6494-shall perform all document recognition and other
6495-requirements necessary for approval of an original
6496-REAL ID Compliant Driver License or Identification
6497-Card application. Service Oklahoma employees shall
6498-perform all document recognition and othe r
6499-requirements necessary for approval of a REAL ID
6500-Noncompliant Driver License or Identification Card
6501-application.
6502-c. Upon approval of an original REAL ID Compliant or REAL
6503-ID Noncompliant Driver License or Identification Card
6504-application, the applicant ma y take the approved
6505-application document to a licensed operator to receive
6506-a temporary driver license or identification card.
6507-d. The licensed operator shall process the approved REAL
6508-ID Compliant or REAL ID Noncompliant Driver License or
6509-Identification Card application and upon payment shall
6510-provide the applicant a temporary driver licen se or
6511-identification card. A temporary driver license or
6512-identification card sha ll afford the holder the
6513-privileges otherwise granted by the specific class of
6514-driver license or identification card for the period
6515-of time listed on the temporary driver lice nse or
6516-identification card or the period of time prior to the
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6521-4
6522-5
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6524-7
6525-8
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6528-11
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6530-13
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6532-15
6533-16
6534-17
6535-18
6536-19
6537-20
6538-21
6539-22
6540-23
6541-24
6542-
6543-applicant receiving a REAL ID Compliant or REAL ID
6544-Noncompliant Driver License or Identification Card,
6545-whichever time period is shorter.
6546-3. REAL ID Compliant Driver License and Identification C ard
6547-Renewal and Replacement:
6548-a. Application for renewal or replacement of a REAL ID
6549-Compliant Driver License or Identification Card may be
6550-made to Service Oklahoma or to a l icensed operator;
6551-provided, such licensed operator is authorized to
6552-process application for REAL ID Compliant Driver
6553-Licenses and Identification Cards. A licensed
6554-operator may process the voluntary downgrade of a REAL
6555-ID Compliant Commercial Driver Licens e to any lower
6556-class license upon request of the licensee; provided,
6557-no additional endorsements or restrictions are placed
6558-on the license.
6559-b. Service Oklahoma emplo yees or authorized licensed
6560-operators shall perform all document recognition and
6561-other requirements needed for approval of a renewal or
6562-replacement REAL ID Compliant Driver License or
6563-Identification Card application.
6564-c. Upon approval of a renewal or replac ement REAL ID
6565-Compliant Driver License or Identification Card
6566-application, the applicant may receive a temporary
6567-
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6583-16
6584-17
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6586-19
6587-20
6588-21
6589-22
6590-23
6591-24
6592-
6593-driver license or identification card from Service
6594-Oklahoma or an authorized licensed operator.
6595-d. A temporary driver license or identification card
6596-acquired under the provisions of this paragraph shall
6597-afford the holder the privileges otherwise granted by
6598-the specific class of driver license or identification
6599-card being renewed or replaced for the period of time
6600-listed on the temporary driver li cense or
6601-identification card or the period of time prior to the
6602-applicant receiving a REAL I D Compliant Driver License
6603-or Identification Card, whichever time period is
6604-shorter.
6605-e. For purposes of this title, an application for a REAL
6606-ID Compliant Driver Li cense or Identification Card by
6607-an individual with a valid Oklahoma-issued driver
6608-license or identification card shall be considered a
6609-renewal of a REAL ID Compliant Driver License or
6610-Identification Card.
6611-4. REAL ID Noncompliant Driver License and Identif ication Card
6612-Renewal and Replacement:
6613-a. Application for renewal or replacement of a REAL ID
6614-Noncompliant Driver License or Identification Card may
6615-be made to Service Oklahoma or to a licensed operator.
6616-A licensed operator may process the voluntary
6617-
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6633-16
6634-17
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6637-20
6638-21
6639-22
6640-23
6641-24
6642-
6643-downgrade of a REAL ID Noncompliant Commercial Driver
6644-License to any lower class license upon requ est of the
6645-licensee; provided, no additional endorsements or
6646-restrictions are added to the license.
6647-b. Service Oklahoma employees or licensed operators shall
6648-perform all document recognition and other
6649-requirements needed for approval of a renewal or
6650-replacement REAL ID Noncompliant Driver License or
6651-Identification Card application.
6652-c. Upon approval of a renewal or replacement REAL ID
6653-Noncompliant Driver License or Identification Card
6654-application, the applicant may receive a temporary
6655-driver license or ident ification card from Service
6656-Oklahoma or a licensed operator.
6657-d. A temporary driver license or identification card
6658-acquired under the provisions of this paragrap h shall
6659-afford the holder the privileges otherwise granted by
6660-the specific class of driver licen se or identification
6661-card being renewed or replaced for the period of time
6662-listed on the temporary driver license or
6663-identification card or the period of time p rior to the
6664-applicant receiving a REAL ID Noncompliant Driver
6665-License or Identification Card, wh ichever time period
6666-is shorter.
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6692-
6693-H. 1. The fee charged for an approved application for an
6694-original Oklahoma REAL ID Compliant or REAL ID Noncompliant Driver
6695-License or an approved application for the addition of an
6696-endorsement to a current valid Oklahoma REAL ID Compliant or REAL ID
6697-Noncompliant Driver License shall be assessed in accor dance with the
6698-following schedule:
6699-Class A Commercial Learner
6700-Permit $25.00
6701-Class A Commercial License $25.00
6702-Class B Commercial Learner
6703-Permit $15.00
6704-Class B Commercial Lic ense $15.00
6705-Class C Commercial Learner
6706-Permit $15.00
6707-Class C Commercial License $15.00
6708-Class D License $ 4.00
6709-Motorcycle Endorsement $ 4.00
6710-2. Notwithstanding the provisions of Section 1104 of this
6711-title, all monies collect ed from the fees charged for Cla ss A, B and
6712-C commercial licenses pursuant to the provisions of this subsection
6713-shall be deposited in the General Revenue Fund of this state.
6714-I. The fee charged for any failed examination shall be Four
6715-Dollars ($4.00) for a ny license classification. Notw ithstanding the
6716-provisions of Section 1104 of this title, all monies collected from
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6720-3
6721-4
6722-5
6723-6
6724-7
6725-8
6726-9
6727-10
6728-11
6729-12
6730-13
6731-14
6732-15
6733-16
6734-17
6735-18
6736-19
6737-20
6738-21
6739-22
6740-23
6741-24
6742-
6743-such examination fees pursuant to the provisions of this subsecti on
6744-shall be deposited in the General Revenue Fund of this state.
6745-J. In addition to any fee charged pursuant to the provisions of
6746-subsection H of this section, the fee charged for the issuance or
6747-renewal of a REAL ID Noncompliant Driver License shall be i n
6748-accordance with the following schedule; provided, that any applicant
6749-who has a CDL Learner Permit shall be charged only the replacement
6750-fee for the issuance of the license:
6751-License Class 4-year 8-year
6752-Class A Commercial Learner
6753-Permit $56.50 $113.00
6754-Class A Commercial License $56.50 $113.00
6755-Class B Commercial Learner
6756-Permit $56.50 $113.00
6757-Class B Commercial License $56.50 $113.00
6758-Class C Commercial Learner
6759-Permit $46.50 $93.00
6760-Class C Commercial License $46.50 $93.00
6761-Class D License $38.50 $77.00
6762-K. In addition to any fee charged pursuant to the provisions of
6763-subsection H of this section, the fee charged for the issuance or
6764-renewal of a REAL ID Compliant Driver License shall be in accordance
6765-with the following schedule; provided, that any applica nt who has a
6766-
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6769-3
6770-4
6771-5
6772-6
6773-7
6774-8
6775-9
6776-10
6777-11
6778-12
6779-13
6780-14
6781-15
6782-16
6783-17
6784-18
6785-19
6786-20
6787-21
6788-22
6789-23
6790-24
6791-
6792-CDL Learner Permit shall be charged only the replacement fee for the
6793-issuance of the license:
6794-License Class 4-year 8-year
6795-REAL ID Compliant Class A
6796-Commercial Learner Permit $56.50 $113.00
6797-REAL ID Compliant Class A
6798-Commercial License $56.50 $113.00
6799-REAL ID Compliant Class B
6800-Commercial Learner Permit $56.50 $113.00
6801-REAL ID Compliant Class B
6802-Commercial License $56.50 $113.00
6803-REAL ID Compliant Class C
6804-Commercial Learner Permit $46.50 $93.00
6805-REAL ID Compliant Class C
6806-Commercial License $46.50 $93.00
6807-REAL ID Compliant Class D
6808-License $38.50 $77.00
6809-L. A commercial learner permit may be renewed one time for a
6810-period of one hundred eighty (180) days. The cost for the renewed
6811-permit shall be the same as for the original permit.
6812-M. Notwithstanding the provisions of Section 110 4 of this
6813-title, of each fee charged pursuant to the provisi ons of subsections
6814-J, K and L of this section:
6815-
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6819-4
6820-5
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6824-9
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6827-12
6828-13
6829-14
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6832-17
6833-18
6834-19
6835-20
6836-21
6837-22
6838-23
6839-24
6840-
6841-1. Five Dollars and fifty cents ($5.50) of a 4-year license or
6842-Eleven Dollars ($11.00) of an 8-year license shall be deposited to
6843-the Trauma Care Assistance Revolving Fund created in Section 1-
6844-2530.9 of Title 63 of the Oklahoma Statutes;
6845-2. Six Dollars and seventy-five cents ($6.75) of a 4-year
6846-license or Thirteen Dollars and fifty cents ($13.50) of an 8-year
6847-license shall be deposited to the Departm ent of Public Safety
6848-Computer Imaging System Revolving Fund to be used solely for the
6849-purpose of administration and maintenance of the computerized
6850-imaging system of the Department through October 31, 2022.
6851-Beginning November 1, 2022, Six Dollars and seve nty-five cents
6852-($6.75) of a 4-year license or Thirteen Dolla rs and fifty cents
6853-($13.50) of an 8-year license shall be deposited to the Service
6854-Oklahoma Computer Imaging System Revolving Fund to be used solely
6855-for the purpose of administration and maintenan ce of the
6856-computerized imaging system of Service Oklahoma;
6857-3. Ten Dollars ($10.00) of a 4-year license or Twenty Dollars
6858-($20.00) of an 8-year license shall be deposited to the Department
6859-of Public Safety Revolving Fund for all original or renewal
6860-issuances of licenses through October 31, 2022. Beginning November
6861-1, 2022, Ten Dollars ($10.00) of a 4-year license or Twenty Dollars
6862-($20.00) of an 8-year license shall be deposited to the Service
6863-Oklahoma Revolving Fund f or all original or renewal issuances o f
6864-licenses; and
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6882-17
6883-18
6884-19
6885-20
6886-21
6887-22
6888-23
6889-24
6890-
6891-4. Five Dollars ($5.00) of a 4-year license or Six Dollars
6892-($6.00) of an 8-year license shall be deposited to the State Public
6893-Safety Fund created in Section 2-147 of this title.
6894-N. All original and renewal driver licenses shall expire as
6895-provided in Section 6-115 of this title.
6896-O. Any person sixty-two (62) years of age or older during the
6897-calendar year of issuance or renewal of a Class D license or
6898-motorcycle endorsement shall be charged the following prorated fee:
6899- 4-year 8-year
6900-Age 62 $21.25 $42.50
6901-Age 63 $17.50 $35.00
6902-Age 64 $13.75 $27.50
6903-Age 65 -0-
6904-P. No person who has bee n honorably discharged from active
6905-service in any branch of the Armed Forces of the United States or
6906-Oklahoma National Guard and who has been certified by the Un ited
6907-States Department of Veterans Affairs, its successor or the Armed
6908-Forces of the United Sta tes to be a disabled veteran in receipt of
6909-compensation at the one-hundred-percent rate for a permanent
6910-disability sustained through military action or accident resulting
6911-from disease contracted while in such active service and registered
6912-with the veterans registry created by the Oklahoma Department of
6913-Veterans Affairs shall be charged a fee for the issuance,
6914-replacement or renewal of an Oklahoma driver license; p rovided, that
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6919-4
6920-5
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6928-13
6929-14
6930-15
6931-16
6932-17
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6934-19
6935-20
6936-21
6937-22
6938-23
6939-24
6940-
6941-if a veteran has been previou sly exempt from a fe e pursuant to this
6942-subsection, no registration with the veterans registry shall be
6943-required.
6944-Q. In accordance with the provisions of subsection G of this
6945-section, Service Oklahoma is authorize d to promulgate rules for the
6946-issuance and renewal of driver li censes authorized pursuant to th e
6947-provisions of Sections 6-101 through 6-309 of this title; provided,
6948-that no such rules applicable to the issuance or renewal of REAL ID
6949-Noncompliant Driver Lic enses shall create more stringent standards
6950-than such rules applicable as of January 1, 2017, u nless directly
6951-related to a specific change in statutory law concerning standards
6952-for REAL ID Noncompliant Driver Licenses. Applications, upon forms
6953-approved by Service Oklahoma, for such licenses shall be handled, in
6954-accordance with the provisions of sub section G of this section, by
6955-the licensed operator; provided, Service Oklahoma is authorized to
6956-assume these duties in any county of this state. Each licensed
6957-operator accepting applications for driver licenses shall recei ve
6958-Six Dollars ($6.00) for a 4 -year REAL ID Noncompliant Driver License
6959-or Twelve Dollars ($12.00) for an 8-year REAL ID Noncompliant Driver
6960-License or Ten Dollars ($10.00) for a 4-year REAL ID Compliant
6961-Driver License or Twenty Dollars ($20.00) for an 8-year REAL ID
6962-Compliant Driver Lic ense to be deducted from the total collected for
6963-each license or renewal applicatio n accepted. Beginning July 1,
6964-2022, and ending May 31, 2023, each motor licen se agent or licensed
6965-
6966-Req. No. 2200 Page 140 1
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6981-16
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6985-20
6986-21
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6989-24
6990-
6991-operator accepting app lications for driver licenses for individuals
6992-over the age of sixty-five (65) years or for applications for driver
6993-licenses pursuant to the provisions of subsection P of this section
6994-shall receive Six Dollars ($6. 00) for a 4-year driver license or
6995-Twelve Dollars ($12.00) for an 8-year drive license, to be d educted
6996-daily by the motor license agent or licensed operator receipts. The
6997-amount retained pursuant to this subsection shall not be retained by
6998-any state agency. The fees received by the licensed opera tor,
6999-authorized by this subsection, shall be used fo r operating expenses.
7000-For purposes of this subsection, “licensed operator” shall mean an
7001-individual who obtains a license from the Service Oklahoma Operator
7002-Board to operate a designated Service Oklahoma location and offers
7003-third-party fulfillment of desi gnated services to be rendered by
7004-Service Oklahoma.
7005-R. Notwithstanding the provisio ns of Section 1104 of this title
7006-and subsection Q of this section and except as provided in
7007-subsections H and M of this section, the first S ixty Thousand
7008-Dollars ($60,000.00) of all monies collected pursuant to this
7009-section shall be paid by the Oklahoma Ta x Commission to the State
7010-Treasurer to be deposited in the General Revenue Fu nd of the State
7011-Treasury.
7012-The next Five Hundred Thousand Dollar s ($500,000.00) of monies
7013-collected pursuant to this section shall be paid by the Tax
7014-Commission to the State Treasu rer to be deposited each fiscal year
7015-
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7041-under the provisions of this section to the credit of the Department
7042-of Public Safety Restricted Revolv ing Fund for the purpose of the
7043-Statewide Oklahoma Law Enforcement Communications Telecommunications
7044-System. All other monies collected in excess of Five Hundred Sixty
7045-Thousand Dollars ($560,000.00) each fiscal year shall be apportioned
7046-as provided in Section 1104 of this title, except as otherwise
7047-provided in this section.
7048-S. Service Oklahoma shall retain the images displayed on
7049-licenses and identification cards issued pursuant to the provisions
7050-of Sections 6-101 through 6-309 of this title which may be used
7051-only:
7052-1. By a law enforcem ent agency for purposes of criminal
7053-investigations, missing person investigations or any law enforcement
7054-purpose which is deemed necessary by the Commissioner of Public
7055-Safety;
7056-2. By the driver licensing agency of another state for its
7057-official purpose; and
7058-3. As provided in Section 2-110 of this title.
7059-All agencies approved by the Oklahoma Law Enforcement
7060-Telecommunications System (OLETS) or the National Law Enforcement
7061-Telecommunications System (NLETS) to receive photographs or
7062-computerized images ma y obtain them through OLETS or through NLETS.
7063-Photographs or computerized images may be obtained by law
7064-enforcement one inquiry at a time.
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7091-The computer system and related equipment acquired for this
7092-purpose must conform to industry standards for interope rability and
7093-open architecture. The Department of Public Safety may promulgate
7094-rules to implement the provisions of this subsection.
7095-T. No person may hold more than one state-issued or territory-
7096-issued REAL ID Compliant Driver License or REAL ID Complia nt
7097-Identification Card from Oklahoma or any other state or territory.
7098-Service Oklahoma shall not issue a REAL ID Compliant Driver License
7099-to a person who has been previously issued a REAL ID Compliant
7100-Driver License or REAL ID Compliant Identification Car d until such
7101-license or identification card has been surren dered to Service
7102-Oklahoma by the applicant. Service Oklahoma may promulgate rules
7103-related to the issuance of replacement REAL ID Compliant Driver
7104-Licenses in the event of loss or theft.
7105-U. Upon the effective date of this act Beginning May 24, 2021,
7106-and ending on April 30, 2023, in addition to the amounts provided in
7107-subsection Q of this section, a licensed operator shall receive Five
7108-Dollars ($5.00) for each processed application for a REAL ID
7109-Compliant 4-year Driver License and Ten Dollars ($10.00) for e ach
7110-processed application for a REAL ID Compliant 8-year Driver License.
7111-Any additional amounts provided pursuant to this subsection shall
7112-not be retained by Service Oklahoma.
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7139-SECTION 21. AMENDATORY 47 O.S. 2021, Section 6-102, as
1146+SECTION 11. AMENDATORY 47 O.S. 2021, Section 6 -102, as
71401147 last amended by Section 39, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
71411148 2022, Section 6-102), is amended to read as follows:
71421149 Section 6-102. A. A nonresident who is sixteen (16) years of
71431150 age or older may operate a motor vehicle in this state as authorized
71441151 by the class, restrictions, and endorsements specified on the
71451152 license, if the nonresident is:
71461153 1. Properly licensed in the home state or country to operate a
71471154 commercial or noncommercial motor vehicle and who has immediate
71481155 possession of a valid driver license issued by the home state or
71491156 country; or
71501157 2. A member of the Armed Forces of the United States or the
71511158 spouse or dependent of such member who has been issued and is in
71521159 possession of a valid driver license issued by an overseas component
71531160 of the Armed Forces of the Unit ed States.
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71541187 B. A resident who is at least fifteen (15) years of age may
71551188 operate a vehicle in this state without a driver license, if the
71561189 resident is:
71571190 1. Operating a vehicle pursuant to subsection B of Section 6-
71581191 105 of this title; or
71591192 2. Taking the driving skills examination as required by Section
71601193 6-110 of this title, when accompanied by a Driver License Examiner
71611194 of Service Oklahoma or by a designated examiner approved and
71621195 certified by Service Oklahoma.
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71891196 C. Any person, while in the performance of official duties, may
71901197 operate any class of motor vehicle if the person possesses any class
71911198 of valid Oklahoma driver license or a valid driver license issued by
71921199 another state, if the pe rson is:
71931200 1. A member of the Armed F orces of the United States who is on
71941201 active duty;
71951202 2. A member of the military reserves, not including United
71961203 States reserve technician;
71971204 3. A member of the National Guard who is on active duty,
71981205 including National Guard military technicians;
71991206 4. A member of the National Guard who is on part-time National
72001207 Guard training, including National Guard military technicians; or
72011208 5. A member of the United States Coast Guard who is on active
72021209 duty.
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72031236 D. The Executive Director of Service Oklahoma is hereby
72041237 authorized to adopt rules as may be necessary to enter into
72051238 reciprocity agreements with foreign countries. The rules shall
72061239 specify that the driver license standards of the foreign country
72071240 shall be comparable to those of this state . The rules shall also
72081241 require foreign drivers, who are operating a motor vehicle in
72091242 Oklahoma under such a reciprocity agreement, to comply with the
72101243 compulsory motor vehicle liability insurance and financial
72111244 responsibility laws of this state.
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7238-SECTION 22. AMENDATORY 47 O.S. 2021, Section 6-105, as
7239-last amended by Section 5 of Enrolled House Bill No. 2133 o f the 1st
7240-Session of the 59th Oklahoma L egislature (47 O.S. Supp. 2022,
7241-Section 6-105), is amended to read as follows:
7242-Section 6-105. A. Unless a legal custodia l parent or legal
7243-guardian has filed an objection to licensure pursuant to Sec tion 6-
7244-103.1 of this title, any person under eighteen (18) years of age who
7245-is in compliance with or not subject to Section 6-107.3 of this
7246-title may be permitted to operate:
7247-1. A Class D motor vehicle under the grad uated driver license
7248-provisions prescribed in subsections B through E of this section;
7249-2. A motorcycle under the provisions prescribed in subsection H
7250-of this section; or
7251-3. A farm vehicle under the provisions presc ribed in subsection
7252-I of this section.
7253-B. Any person who is at least fifteen (15) years of age may
7254-drive during a session in which the driver is being instructed in a
7255-driver education course, as set out in subparagraphs a, b, c, d and
7256-e of paragraph 1 of subsection C of this section, by a c ertified
7257-driver education instructor who i s seated in the right front seat of
7258-the motor vehicle.
7259-C. Any person:
7260-1. Who is at least fifteen and one-half (15 1/2) years of age
7261-and is currently receiving instruction in or has successfully
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7287-
7288-completed driver education. For purpo ses of this section, t he term
7289-“driver education” shall mean:
7290-a. a prescribed secondary school driver education course,
7291-as provided for in Sections 19-113 through 19-121 of
7292-Title 70 of the Oklahoma Sta tutes,
7293-b. a driver education cou rse, certified by the Department
7294-of Public Safety Service Oklahoma, from a parochial,
7295-private, or other nonpublic secondary school,
7296-c. a commercial driver training course, as defined by
7297-Sections 801 through 808 of this title ,
7298-d. a parent-taught driver education course, certified by
7299-Service of Oklahoma, in conjunction with the
7300-Department of Public Safety. The Department Service
7301-Oklahoma shall promulgate rules for any parent-taught
7302-driver education course, or
7303-e. a driver education course certified by a st ate other
7304-than Oklahoma; or
7305-2. Who is at least s ixteen (16) years of age,
7306-may, upon successfully passing all parts of the driver license
7307-examination administered by Service Oklahoma, or an approved written
7308-examination proctor, except the driving examina tion, be issued a
7309-learner permit which will grant t he permittee the privilege to
7310-operate a Class D motor vehicle upon the public highways only
7311-between the hours of 5:00 a.m. and 10:00 p.m. and while accompanied
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7338-by a licensed driver who is at least twenty -one (21) years of age
7339-and who is actually occupying a seat beside the permittee; provided,
7340-the written examination for a learner permit may be waived by
7341-Service Oklahoma upon verification that the person has successfully
7342-completed driver education.
7343-D. 1. Any person:
7344-a. who has applied for, been issued, an d has possessed a
7345-learner permit for a minimum of six (6) months one
7346-hundred eighty (180) days, and
7347-b. whose custodial legal parent or legal guardian
7348-certifies to Service Oklahom a by sworn affidavit tha t
7349-the person has received a mini mum of fifty (50) hour s
7350-of actual behind-the-wheel training, of which at least
7351-ten (10) hours of such training was at night, from a
7352-licensed driver who was at least twenty-one (21) years
7353-of age and who was properly licensed to operate a
7354-Class D motor vehicle for a minimum of tw o (2) years,
7355-and
7356-c. who has completed a free course approved by the
7357-Oklahoma Department of Transportation on teen driver
7358-work zone and first responder safety,
7359-may be issued an intermediate Class D license upon successfully
7360-passing all parts of the driver license examinations administered by
7361-Service Oklahoma; provided, the writte n examination, if it has not
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7387-
7388-previously been administered or waived, may be waived by Service
7389-Oklahoma upon verification that the person has successf ully
7390-completed driver education or the driving examination may be waived
7391-by Service Oklahoma upon successfu l passage of the examination
7392-administered by a certified designated examiner, as p rovided for in
7393-Section 6-110 of this title. However, notwithstandi ng the date of
7394-issuance of the learner permit, if the person has been convic ted of
7395-a traffic offense which is reported on the driving record of that
7396-person, the time period specified in sub paragraph a of this
7397-paragraph shall be recalculated to begin from t he date of conviction
7398-for the traffic offense, and must elapse before that p erson may be
7399-issued an intermediate Class D license. If the person has been
7400-convicted of more than one traffic o ffense which is reported on the
7401-driving record of that person, the time period specified in
7402-subparagraph a of this paragraph shall be recalcula ted to begin from
7403-the most recent date of conviction, and must elapse before that
7404-person may be issued an interme diate Class D license.
7405-2. A person who has been issued an intermed iate Class D license
7406-under the provisions of this subsection:
7407-a. shall be granted the privilege to operate a Class D
7408-motor vehicle upon the public highways:
7409-(1) only between the hours of 5:00 a.m. and 10:00
7410-p.m., except for driving to and from work,
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7436-
7437-school, school activities, and church activities,
7438-or
7439-(2) at any time, if a license d driver who is at least
7440-twenty-one (21) years of age is actually
7441-occupying a seat beside the intermediate Class D
7442-licensee, or if the intermediate Class D licensee
7443-is a farm or ranch resident, and is operating a
7444-motor vehicle while engaged in farming or
7445-ranching operations outside the limits of a
7446-municipality, or driving to and from work,
7447-school, school activities, or church activities,
7448-and
7449-b. shall not operate a motor vehicle with more than one
7450-passenger unless:
7451-(1) all passengers live in the same househo ld as the
7452-custodial legal paren t or legal guardian, or
7453-(2) a licensed driver at least twenty-one (21) years
7454-of age is actually occupying a seat beside the
7455-intermediate Class D lice nsee.
7456-E. Any person who has been issued an intermediate Class D
7457-license for a minimum of:
7458-1. One (1) year; or
7459-2. Six (6) months One hundred eighty (180) days, if the person
7460-has completed both the driver education and the parent-certified
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7486-
7487-behind-the-wheel training provisions of subparagraph b of paragraph
7488-1 of subsection D of th is section,
7489-may be issued a Class D license. However, notwithstanding the date
7490-of issuance of the Class D license, if the person has been convicted
7491-of a traffic offense which is r eported on the driving record of that
7492-person, the time periods specified in paragraph 1 or 2 of this
7493-subsection, as applicable, shall be recalculat ed to begin from the
7494-date of conviction for the traffic offense, and must elapse before
7495-that person may be is sued a Class D license. If the person has been
7496-convicted of more than one t raffic offense which is repor ted on the
7497-driving record of that person, the time periods specified in
7498-paragraph 1 or 2 of this subsection, as applicable, shall be
7499-recalculated to begin from the most recent date of conviction, and
7500-must elapse before that per son may be issued a Class D l icense.
7501-F. Learner permits and intermedia te Class D licenses shall be
7502-issued for the same period as all other driver licenses. The
7503-licenses may be suspended or canceled at the discretion of the
7504-Department, with notice to Service Oklahoma, for violation of
7505-restrictions, for failing to give the re quired or correct
7506-information on the application, for knowingly giving false or
7507-inaccurate information on the application or any subsequent
7508-documentation related to the granting of driv ing privileges, for
7509-using a hand-held electronic device while operating a motor vehicle
7510-for non-life-threatening emergency purposes or for violation of any
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7536-
7537-traffic laws of this sta te pertaining to the operation of a motor
7538-vehicle.
7539-G. Service Oklahoma shal l promulgate rules establis hing
7540-procedures for removal of learner permi t and intermediate Class D
7541-license restrictions from the permit or license upon the permittee
7542-or licensee qualifying for a less restricted or an unrestricted
7543-license.
7544-H. Any person fourteen (14) years of age or older may apply for
7545-a restricted Class D lic ense with a motorcycle-only restriction.
7546-After the person has successfully passed all parts of the motorcycl e
7547-examination other than the driving examination, has successfully
7548-completed a certified state-approved motorcycle basic rider course
7549-approved by the Department of Public Safety, in conjunction with
7550-Service Oklahoma, and has met all requirements provided f or in the
7551-rules of the Department and Service Oklahoma, Service Oklahoma sha ll
7552-issue to the person a r estricted Class D license with a motorcycle -
7553-only restriction which shall grant to the person, while having the
7554-license in the person’s immediate possessio n, the privilege to
7555-operate a motorcycle or motor-driven cycle:
7556-1. With a piston displacement not to exceed three hundred cubic
7557-centimeters (300 cc) or a sixteen and eight-tenths (16.8) kilowatt
7558-electric power source;
7559-2. Between the hours of 4:30 a.m. to 9:00 p.m. only;
7560-3. While wearing approved protective headgear; and
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7586-
7587-4. While accompanied by and receiving instruction from any
7588-person who is at least twenty-one (21) years of age and who is
7589-properly licensed pursuant to the laws of this sta te to operate a
7590-motorcycle or motor-driven cycle, and who has visual contact with
7591-the restricted licensee.
7592-The restricted licensee may apply on or after thirty (30) days
7593-from date of issuance of the restricted Class D lice nse with a
7594-motorcycle-only restriction to have the restriction of being
7595-accompanied by a licensed driver removed by suc cessfully completing
7596-the driving portion of an examination.
7597-The written examination and driving examination for a restricted
7598-Class D license with a motorcycle-only endorsement shall be waived
7599-by Service Oklahoma upon verification that the person has
7600-successfully completed a certified state-approved motorcycle basic
7601-rider course approved by the Department and Service Oklahoma.
7602-I. Service Oklahoma may in its discretion is sue a special
7603-permit to any person who has attained the age of fourteen (14)
7604-years, authorizing such person to operate farm vehicles between the
7605-farm and the market to haul commodities grown on the farm; provided,
7606-that the special permit shall be temporary and shall expire not more
7607-than thirty (30) days after the issuance of the special permi t.
7608-Special permits shall be issued only to farm residents and shall be
7609-issued only during the time of the harvest of the principal cro ps
7610-grown on such farm. Provided, however, Service Oklahoma shall not
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7636-
7637-issue a special permit pursuant to this subsection until Service
7638-Oklahoma is fully satisfied after the examination of the application
7639-and other evidence furnished in support thereof, tha t the person is
7640-physically and mentally developed to such a degree that the
7641-operation of a motor vehicle by the person wo uld not be inimical to
7642-public safety.
7643-J. As used in this section:
7644-1. “Hand-held electronic device” means a mobile telephone or
7645-electronic device with which a user e ngages in a telephone call,
7646-plays or stores media, including but not limited to music and video,
7647-or sends or reads a text message while requiring the use of at least
7648-one hand; and
7649-2. “Using a hand-held electronic device ” means engaging any
7650-function on an electronic device.
7651-K. All driver education courses provided for in paragraph 1 of
7652-subsection C of this section shall include education regarding the
7653-dangers of texting while driving and the effects of being under the
7654-influence of alcohol or other intoxi cating substance while driving.
7655-SECTION 23. AMENDATORY 47 O.S. 2021, Section 6-110, as
7656-last amended by Section 1 of Enrolled House Bill No. 2750 of the 1st
7657-Session of the 59th Oklahoma Legislature (47 O.S. Supp. 2022,
7658-Section 6-110), is amended to read as follows :
7659-Section 6-110. A. 1. Service Oklahoma shall establish
7660-procedures to ensure every applicant for an original Class A, B, C
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7686-
7687-or D license and for any endorsements thereon is examined by Service
7688-Oklahoma, or an approved written examination proctor, ex cept as
7689-otherwise provided in Sec tion 6-101 et seq. of this title or as
7690-provided in paragraph 2 of this subsection or in subsections D and E
7691-of this section. Service Oklahoma is authorize d to approve and
7692-enter into agreements with third parties to act as approved written
7693-examination proctors with regard to any written examination require d
7694-by this section. The examination shall include a test of the
7695-applicant’s:
7696-a. eyesight,
7697-b. ability to read and understand highway signs
7698-regulating, warning and directing traffic,
7699-c. knowledge of the traffic laws of this state including
7700-a portion on bicycle and motorcycle safety, and
7701-d. ability, by actual demonstration, to exercise ordinary
7702-and reasonable control in the operation of a motor
7703-vehicle. The actual demonstration shall be conducted
7704-in the type of motor vehicle for the class of driver
7705-license being applied for.
7706-The Department of Public Safety, i n conjunction with Service
7707-Oklahoma, may create a knowledge test that may be taken on the
7708-Internet by an applicant applying for a Class D license.
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7734-
7735-Any licensee seeking to apply for a driver license of anot her class
7736-which is not covered by the licensee’s current driver license shall
7737-be considered an applicant for an original license for that class.
7738-2. Service Oklahoma shall have the authority to waive the
7739-requirement of any part of the examination required in paragraph 1
7740-of this subsection for those applicants whose driving record meets
7741-the standards set by the Department of Public Safety and surrender
7742-either of the following:
7743-a. a valid unexpired driver license issued by any state
7744-or country for the same ty pe or types of vehicles, or
7745-b. an expired driver license that:
7746-(1) is not expired more than six (6) months past the
7747-expiration date listed on the driver license, and
7748-(2) is not a Class A, B or C commercial driver
7749-license or commercial driver license permit .
7750-3. Service Oklahoma shall accept skills test results from
7751-another state for Class A, B or C license applicants who have
7752-successfully completed commercial motor vehicle driver training in
7753-that state and successfully passed the skills test in that state;
7754-provided, Service Oklahoma shall not accept skills test results from
7755-another state when the applicant has not successfully completed
7756-commercial motor vehicle driver training in that state. Nothing in
7757-this section shall be construed to prohibit Service Okl ahoma from
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7783-
7784-administering the skills test to any applicant who has successfully
7785-completed commercial vehicle driver training in another state.
7786-4. All applicants requiring a hazardous materials endorsement
7787-shall be required, for the renewal of the endorseme nt, to
7788-successfully complete the examination and to submit to a security
7789-threat assessment performed by the Transportation Security
7790-Administration of the Department of Homeland Security as required by
7791-and pursuant to 49 C.F.R., Part 1572, which shall be us ed to
7792-determine whether the applicant is eligible for renewal of the
7793-endorsement pursuant to federal law and regulation.
7794-5. Service Oklahoma, or an approved written examination
7795-proctor, shall give the complete examination as provided for in this
7796-section within thirty (30) days from the date the application is
7797-received, and the examination shall be given at a location within
7798-one hundred (100) miles of the residence of the applicant. Service
7799-Oklahoma shall make every effort to make the examination locations
7800-and times convenient for applicants. Service Oklahoma shall
7801-consider giving the examination at any public or private site, if
7802-economically feasible and practicable, and if Service Oklahoma and
7803-the owner or the governing body agree.
7804-B. Any person holding a valid Oklahoma Class D license or
7805-provisional driver license pursuant to Section 6-212 of this title
7806-and applying for a Class A, B or C commercial license shall be
7807-required to successfully complete all examinatio ns as required for
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7834-the specified class. Failure to submit to Service Oklahoma
7835-federally required medical certification information pursuant to 49
7836-C.F.R., Part 391.41 et seq. shall result in an automatic downgrade
7837-of a commercial license to a Class D licen se. Provided, however,
7838-once the required medical certification information has been
7839-received by Service Oklahoma, the license shall be reinstated to the
7840-classification of the commercial license prior to the downgrade and
7841-the holder of such a license shall not be required to reapply.
7842-C. Except as provided in subsection E of Section 6-101 of this
7843-title, any person holding a valid Oklahoma Class A, B or C
7844-commercial license shall, upon time for renewal thereof, be entitled
7845-to a Class D license without any ty pe of testing or examination,
7846-except for any endorsements thereon as otherwise provided for by
7847-Section 6-110.1 of this title.
7848-D. 1. Any certified driver ed ucation instructor who is
7849-currently an operator or an emplo yee of a commercial driver training
7850-school in this state or any driver education instructor employed by
7851-any school district in this state shall be eligible to apply to be a
7852-designated examiner of S ervice Oklahoma for the purposes of
7853-administering the Class D driving skills portion of the Oklahom a
7854-driving examination to any person who has been issued a learner
7855-permit.
7856-2. The Department of Public Safety, in conjunction with Service
7857-Oklahoma, shall adopt a curriculum of required courses and training
7858-
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7884-to be offered to applicants who are qualified to apply to be a
7885-designated examiner. The courses and training for certification
7886-shall meet the same standards as required for driver examiners of
7887-Service Oklahoma.
7888-3. Each person applying to be a designated examiner shall be
7889-required to pay an initial desi gnated examiner certification fee of
7890-One Thousand Dollars ($1,000.00). Upon successful completion of
7891-training prescribed by paragraph 2 of this subsection, the person
7892-shall be required to pay an annual designated ex aminer certification
7893-fee of Five Hundred Dollars ($500.00). If an applicant for the
7894-designated examiner program is employed by an Oklahoma public school
7895-system that offers driver education, and he or she administers the
7896-skills test only to students enroll ed in a public school driver
7897-education program, the certification fee may be waived by Service
7898-Oklahoma. Each designated examiner certification shall expire on
7899-the last day of the calendar year an d may be renewed upon
7900-application to Service Oklahoma. The designated examiner
7901-certification fees collected by Service Oklahoma pursuant to this
7902-subsection shall be deposited to the credit of the Department of
7903-Public Safety Restricted Revolving Fund to be used for the purposes
7904-of this subsection, through October 31, 2022. Beginning November 1,
7905-2022, the designated examiner certification fees collected by
7906-Service Oklahoma pursuant to this subsection shall be deposited to
7907-the credit of the Service Oklahoma Revolving Fund. No designated
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7934-examiner certification fee s hall be refunded in the event that
7935-certification is denied, suspended or revoked.
7936-4. A designated examiner may charge a fee for each Class D
7937-driving skills examination given, whether the person be ing examined
7938-passes or fails the examination.
7939-5. Service Oklahoma shall conduct an annual complete nationwide
7940-criminal history background check on require each designated
7941-examiner and a complete nationwide criminal history background check
7942-on each designated examiner applicant and driver education
7943-instructor applicant to submit to an electronic nationa l criminal
7944-history record check pursuant to Section 150.9 of Title 74 of the
7945-Oklahoma Statutes. The fees for the background record check shall
7946-be borne by the designated examiner, or designated examiner
7947-applicant, driver education instructor, or driver ed ucation
7948-instructor applicant.
7949-6. The Department of Public Safety, in conjunction with Service
7950-Oklahoma, shall promulgate rules to implement and administer t he
7951-provisions of this subsection.
7952-E. 1. Upon application and approval of Service Oklahoma, any
7953-public or private commercial truck driving school that has or
7954-maintains a program instructing students for a Class A, B or C
7955-license, public transit agency, state, county or municipal
7956-government agency in this state, such as local school districts, the
7957-Oklahoma Department of Career and Technology Education, or
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7983-
7984-institutions of higher education, or a private entity, shall be
7985-authorized to hire or employ designated examiners approved by
7986-Service Oklahoma to be third-party examiners of the Class A, B or C
7987-driving skills portion and/or knowledge written portion, pursuant to
7988-paragraph A of this section, of the Oklahoma driving examination.
7989-All designated examiners must successfully have completed the
7990-courses and training as outl ined in paragraph 2 of this subsec tion.
7991-Service Oklahoma shall be required to approve at least one public
7992-transit agency that has or maintains a program instructing students
7993-for a Class A, B or C license to hire or employ third-party
7994-examiners pursuant to this section. It shall be permissible for any
7995-public transit agency operating in the State of Oklahoma to utilize
7996-the third-party examiners hired or employed by a public transit
7997-agency approved by Service Oklahoma.
7998-2. The Department of Public Safety, in conjunction with Service
7999-Oklahoma, shall adopt a curriculum of required course s and training
8000-to be offered to third-party examiners. The courses and training
8001-for certification shall meet the same standards as required fo r
8002-commercial driver examiners of Service Oklahoma.
8003-3. Service Oklahoma shall require each third-party examiner
8004-applicant and commercial school driver education instructor
8005-applicant to submit to an electronic national criminal history
8006-record check pursuant to Section 150.9 of Title 74 of the Oklahoma
8007-Statutes. On or before De cember 1, 2022, Service Oklahoma shall
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8033-
8034-require each third-party examiner or commercial school driver
8035-education instructor to submit to an electronic national criminal
8036-history record check pursuant to Section 150.9 of Title 74 of the
8037-Oklahoma Statutes. The fees for the background check shall be b orne
8038-by the third-party examiner, third-party examiner applicant,
8039-commercial school driver education instructor or commercial school
8040-driver education instructor applicant.
8041-F. Service Oklahoma shall promulgate rules to:
8042-1. Implement and administer the pro visions of this section
8043-based on requirements set forth in Section 383.75 of Title 49 of the
8044-Code of Federal Regulations;
8045-2. Establish a proce ss to inform any school, public transit
8046-agency, examiner, or state, coun ty or municipal government agency,
8047-who has been denied, within forty-five (45) days from the denial;
8048-3. Create an appeal process for any school, public transit
8049-agency, examiner, or st ate, county or municipal government agency
8050-denied; and
8051-4. If the initial application for approval was denied, li mit
8052-the number of times an individual school, public transit agency,
8053-individual examiner applicant, or state, county or municipal
8054-government agency may reapply in a calendar year to two
8055-reapplications.
8056-SECTION 24. AMENDATORY 47 O.S. 2021, Section 6 -111, as
8057-last amended by Section 1 of Enrolled Senate Bill No. 682 of the 1 st
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8083-
8084-Session of the 59th Legislature (47 O.S. Supp. 2022, Section 6 -111),
8085-is amended to read as follows:
8086-Section 6-111. A. 1. Service Oklahoma shall, upon payment of
8087-the required fee, issue to every applicant qualifying therefor a
8088-Class A, B, C or D driver license or identification card as applied
8089-for, which license or card shall bear thereon a distinguishing
8090-alphanumeric identification assigned to the licensee or cardhold er,
8091-date of issuance and date of expiration of the license or card, the
8092-full legal name, signature or computerized signature, date of birth,
8093-residence address, unless specified as an exception in the Code of
8094-Federal Regulations per 6 C.F.R., Section 37.17 , sex, a computerized
8095-color image of the licensee or cardholder taken in accordance with
8096-Service Oklahoma rules and security features as determined by
8097-Service Oklahoma. The image shall depict a full front un obstructed
8098-view of the entire face of the license e or cardholder; provided, a
8099-commercial learner permit shall not bear the image of the licensee.
8100-When any person is issued both a driver license and an
8101-identification card, Service Oklahoma shall ensure the information
8102-on both the license and the card are the same, unless otherwise
8103-provided by law.
8104-2. A driver license or identification card issued by Service
8105-Oklahoma on or after March 1, 2004, shall bear thereon the county of
8106-residence of the licensee or ca rdholder.
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8133-3. Service Oklahoma may cancel the dis tinguishing number, when
8134-that distinguishing number is another person’s Social Security
8135-number, assign a new distinguishing alphanumeric identification, and
8136-issue a new license or identification card without charge to the
8137-licensee or cardholder.
8138-4. Service Oklahoma may promulgate rules for inclusion of the
8139-height and a brief description of the license e or cardholder on the
8140-face of the card or license identifying the licensee or cardholder
8141-as deaf or hard-of-hearing.
8142-5. It is unlawful for any person to app ly, adhere, or otherwise
8143-attach to a driver license or identification card any decal,
8144-sticker, label, or other attachment. Any law enforcement officer is
8145-authorized to remove and dispose of any unlawful dec al, sticker,
8146-label, or other attachment from the driver license of a person. The
8147-law enforcement officer, the employing agency of the officer,
8148-Service Oklahoma, and the State of Oklahoma shall be immune from any
8149-liability for any loss suffered by the lice nsee, cardholder, or the
8150-owner of the decal, stic ker, label, or other attachment caused by
8151-the removal and destruction of the decal, sticker, label , or other
8152-attachment.
8153-6. Service Oklahoma may develop by rule a procedure which
8154-complies with the provision s of subsection G of Section 6-101 of
8155-this title whereby a person may apply for a renewal or replacement
8156-Oklahoma Class D license or Oklahoma ident ification card.
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8182-
8183-B. 1. Service Oklahoma may issue or authorize the issuance of
8184-a temporary permit or license to an applicant for a driver license
8185-permitting such applicant to operate a motor vehicle while Service
8186-Oklahoma is completing its investigation a nd determination of all
8187-facts relative to such applicant’s privilege to receive a license,
8188-or while a permanent driver license is being produced and delivered
8189-to the applicant. Such permit or license must be in the immediate
8190-possession of the driver while operating a motor vehicle, and it
8191-shall be invalid when the applicant’s permanent driver license has
8192-been issued and delivered or for good cause has been ref used.
8193-2. Service Oklahoma may issue or authorize the issuance of a
8194-temporary identification card to an applicant, permitting the holder
8195-the privileges otherwise granted by identification cards, while a
8196-permanent driver license is being provided and delive red to the
8197-applicant. Such card shall be invalid when the applicant’s
8198-permanent identification ca rd has been issued and delivered, or for
8199-good cause has been refused.
8200-C. 1. Service Oklahoma may issue a re stricted commercial
8201-driver license to drivers eig hteen (18) years of age or older for
8202-any of the following specific farm-related service industries :
8203-a. farm retail outlets and suppliers,
8204-b. agri-chemical businesses,
8205-c. custom harvesters, and
8206-d. livestock feeders.
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8232-
8233-The applicant shall hold have held a valid Oklahoma driver
8234-license for at least one year. Applicants with more than two (2)
8235-years of driving experience shall have a good driving record for the
8236-most recent two-year period and shall meet all the requirements for
8237-a commercial driver license. T he restricted commercial driver
8238-license shall not exceed a total of one hundred eighty (180) days
8239-within any twelve-month period the maximum total days that federal
8240-law allows. Applicants for the restricted commercial driver license
8241-shall be exempt from t he knowledge and skills test. Application of
8242-the restricted commercial driver license does not ha ve to be used in
8243-consecutive days. The use of the permit shall be declared at
8244-application.
8245-2. A “good driving record” as used in this subsection shall
8246-mean an applicant:
8247-a. has not had more than one license,
8248-b. has not had any license suspended, revoked , or
8249-canceled,
8250-c. has not had any conviction for any type of
8251-disqualifying offenses or serious traffic violati ons,
8252-or
8253-d. has not had any conviction for a viola tion of state or
8254-local law relating to motor vehicle traffic control,
8255-other than a parking viol ation, arising in connection
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8281-
8282-with any traffic accident and has no record of an
8283-accident in which they are at fau lt.
8284-3. The restricted commercial driver license shall not be valid
8285-for operators of commercial motor vehicles beyond one hundred fifty
8286-(150) miles from the place of business or the farm currently being
8287-served. Such license shall be limited to Class B or C vehicles.
8288-Holders of such licenses who transpo rt hazardous materials which are
8289-required to be placarded shall be limited to the following:
8290-a. diesel fuel in quantities of one thousand (1,000)
8291-gallons or less,
8292-b. liquid fertilizers in vehicles with total capacities
8293-of three thousand (3,000) gallons or less, and
8294-c. solid fertilizers that are not mixed with any organic
8295-substance.
8296-No other placarded hazardous materials shall be transported by
8297-holders of such licenses.
8298-D. Service Oklahoma may issue a non-domiciled commercial
8299-learner permit or a non -domiciled commercial driver license.
8300-A person applying for such permit or license must comply with
8301-all testing and licensing requirements in accordance with applicable
8302-federal regulations, state laws and Ser vice Oklahoma rules. T he
8303-issued license shall be valid until the expiration of the visa for
8304-the non-domiciled worker. Service Oklahoma may promulgate rules for
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8330-
8331-the implementation of the process to carry out the provisions of
8332-this section.
8333-E. 1. Service Oklahoma shall develop a procedure whereby a
8334-person applying for an original, renewal or replacement Class A, B,
8335-C or D driver license or identification car d who is required to
8336-register as a convicted sex offender with the Department of
8337-Corrections pursuant to the provisions of the Sex Offenders
8338-Registration Act and wh o the Department of Corrections designates as
8339-an aggravated or habitual offender pursuant to subsection J of
8340-Section 584 of Title 57 of the Oklahoma Statutes shall be issued a
8341-license or card bearing the words “Sex Offender”.
8342-2. Service Oklahoma shall not ify every person subject to
8343-registration under the provisions of Section 1-101 et seq. of this
8344-title who holds a current Class A, B, C or D driver license or
8345-identification card that such per son is required to surr ender the
8346-license or card to Service Oklah oma within one hundred eighty (180)
8347-days from the date of the notice.
8348-3. Upon surrenderin g the license or card for the reason set
8349-forth in this subsection, application may be made with Servi ce
8350-Oklahoma for a repla cement license or card bearing the words “Sex
8351-Offender”.
8352-4. Failure to comply with the requirements set forth in such
8353-notice shall result in cancellation of the person’s license or card.
8354-Such cancellation shall be in effect for one (1) year, after which
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8381-time the person may make application with Service Oklahoma for a new
8382-license or card bearing the words “Sex Offender”. Continued use of
8383-a canceled license or card shall constitute a misdemeanor and shall,
8384-upon conviction thereof, be punishable by a fine o f not less than
8385-Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars
8386-($200.00). When an individual is no longer require d to register as
8387-a convicted sex offender with the Department of Corrections pursuant
8388-to the provisions of the Sex Offenders Registration Act, the
8389-individual shall be eligible to receive a driver license or
8390-identification card which does not bear the words “Sex Offender”.
8391-F. Nothing in subsection E of this section shall be deemed to
8392-impose any liability u pon or give rise to a c ause of action against
8393-any employee, agent or official of the Department of Corrections for
8394-failing to designate a sex offender as an aggravated or habitual
8395-offender pursuant to subsection J of Section 584 of Title 57 of the
8396-Oklahoma Statutes.
8397-G. A person subject to an order for the installation of an
8398-ignition interlock device shall be required by Service Oklahoma to
8399-submit his or her driver license for a replacement. The replacement
8400-driver license shall bear the words “Interlock Required” and such
8401-designation shall remain on the driver license f or the duration of
8402-the order requiring the ignition interlock device. The replacement
8403-license shall be subject to the same expiration and renewal
8404-procedures provided by law. Upon completion of the requirements fo r
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8430-
8431-the interlock device, a person may apply for a replacement driver
8432-license.
8433-H. Service Oklahoma shall develop a procedure wher eby a person
8434-applying for an original, renewal or replacement Class D driver
8435-license who has been granted modified driving privi leges under this
8436-title shall be issued a C lass D driver license which identifies the
8437-license as a modified license.
8438-SECTION 25. AMENDATORY 47 O.S. 2021, Section 6-113, is
8439-amended to read as follows:
8440-Section 6-113. A. The Department of Public Safety Service
8441-Oklahoma upon issuing a driver’s driver license shall have the
8442-authority whenever good cause appea rs to impose restrict ions
8443-suitable to the licensee’s driving ability with respect to the type
8444-of or special mechan ical control devices re quired on a motor vehicle
8445-which the licensee may operate or such other restrictions applicable
8446-to the licensee as Service Oklahoma, in conju nction with the
8447-Department of Public Safety, may determine to be appropriate to
8448-assure the safe operation of a motor vehicle by the licensee.
8449-B. The Department Service Oklahoma may either issue a special
8450-restricted license or may set forth such restrictio ns upon the usual
8451-license form.
8452-C. The Department Service Oklahoma may upon receiving
8453-satisfactory evidence of any v iolation of the restrictions of su ch
8454-license suspend or revoke the same but the licensee shall be
8455-
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8481-entitled to a hearing as upon a suspensio n or revocation under this
8482-chapter.
8483-D. It is a misdemeanor for any person to operate a motor
8484-vehicle in any manner i n violation of the restrictions im posed in a
8485-restricted license issued to him.
8486-SECTION 26. AMENDATORY 47 O.S. 2021 , Section 6-116, as
8487-amended by Section 56, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
8488-Section 6-116), is amended to read as follows:
8489-Section 6-116. A. Whenever any person, after applying for or
8490-receiving a driver licens e or identification card, shall:
8491-1. Change the mailing address named in such application;
8492-2. Change the residence address di splayed on the license or
8493-card issued to the person;
8494-3. Move from the person’s previous county; or
8495-4. Change the name of a licen see by marriage or otherwise,
8496-such person shall notify Service Oklahoma as provided in subsection
8497-B of this section apply for a replacement of the dr iver license or
8498-identification card with Service Oklahoma in accordance with the
8499-provisions of Section 6 -114 of this title within ten (10) days of
8500-the change.
8501-B. Within ten (10) days such person shall notify Service
8502-Oklahoma in writing of the number of an y driver license and
8503-identification card then held by the person and, as applicable:
8504-1. Both the old and new mailing addresses;
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8531-2. Both the old and new residence addresses;
8532-3. Both the old and new counties of residence; or
8533-4. Both the former and new na mes.
8534-C. Service Oklahoma shall no t:
8535-1. Change a county of residence unless the person specifically
8536-notifies Service Oklahoma of such chan ge; and
8537-2. Presume that a new mailing address which is a different
8538-county than the old mailin g address means that th e person has
8539-changed his or her co unty of residence, and shall not change the
8540-county of residence unless specifically notified of such chan ge.
8541-SECTION 27. AMENDATORY 47 O. S. 2021, Section 6-117, as
1245+SECTION 12. AMENDATORY 47 O. S. 2021, Section 6-117, as
85421246 amended by Section 57, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
85431247 Section 6-117), is amended to read as follows:
85441248 Section 6-117. A. Service Oklahoma shall file every
85451249 application for a driver license or identification card received by
85461250 Service Oklahoma and shall maintain suitable indexes containing:
85471251 1. All applications denied and on each thereof note the reasons
85481252 for the denial;
85491253 2. All applications granted;
85501254 3. The name of every person whose driving privilege has been
85511255 suspended, revoked, canceled, or disqualified by Service Oklahoma
85521256 and after each such name note the reasons for the action. Any
85531257 notation of suspension of the driving privilege of a person for
85541258 reason of nonpayment of a fine shall be removed from the driving
85551259
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85811285 record after the person has paid the fine and the dri ving privilege
85821286 of the person is reinstated as provided for by law;
85831287 4. The county of residence, the name, date of birth, and
85841288 mailing address of each person residing in that county who is
85851289 eighteen (18) years of age or older, and who is the holder of a
85861290 current driver license or a current identification card issued by
85871291 Service Oklahoma for the purpose of ascertaining names of all
85881292 persons qualified for jury service as requi red by Section 18 of
85891293 Title 38 of the Oklahoma Statutes; and
85901294 5. The name, driver licen se number, and mailing address of
85911295 every person for the purpose of giving notice, if necessary, as
85921296 required by Section 2-116 of this title.
85931297 B. Service Oklahoma shall file all collision reports and
85941298 abstracts of court records of convictions re ceived by it pursuant to
85951299 the laws of this state and maintain convenient records of the
85961300 records and reports or make suitable notations in order that an
85971301 individual record of a person showing the convictions of the person
85981302 and the traffic collisions in which t he person has been involved
85991303 shall be readily ascertainable and available for the consideration
86001304 of Service Oklahoma upon any application for a driver license or
86011305 renewal of a driver license and at other suitable times. Any
86021306 abstract, index or other entry relating to a driving record
86031307 according to the licensing authority in another state or a province
86041308 of Canada may be posted upon the driving record of any resident of
86051309
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86311335 this state when notice thereof is received by documentation or by
86321336 electronic transmission. The individual record of a person shall
86331337 not include any collision reports and abstracts of court records
86341338 involving a collision in which the person was not issued a citation
86351339 or if a citation is issued and the person was not convicted.
86361340 C. 1. Service Oklahoma may designate and is hereby authorized
86371341 to prepare under the seal of Service Oklahoma and deliver upon
86381342 request a copy of any collision report on file with the Department,
86391343 charging a fee of:
86401344 a. beginning on July 1, 2011, through June 30, 2013,
86411345 Fifteen Dollars ($15.00), of which Eight Dollars
86421346 ($8.00) shall be deposited by the Commissioner to the
86431347 credit of the Department of Public Safety Revolving
86441348 Fund and, in addition to other purposes authorized by
86451349 law, the expenditures from that fund of monies derived
86461350 from the Eight Dollars ($8.00) pursuant to this
86471351 subparagraph shall be used to fund any Oklahoma
86481352 Highway Patrol Trooper Academy provided by the
86491353 Department of Public Safety. Any remaining funds
86501354 shall be deposited in an account to be utilized
86511355 exclusively for future expenses directly related to
86521356 the operation of an Oklahoma Highway Patrol Academy,
86531357 and
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86801384 b. beginning on July 1, 2013, and any year thereafter,
86811385 Seven Dollars ($7.00).
86821386 However, Service Oklahoma shall not be required to furnish
86831387 personal information from the collision report which is contrary to
86841388 the provisions of the Driver’s Privacy Protection Act, 18 United
86851389 States Code, Sections 2721 through 2725.
86861390 2. Notwithstanding the provisions of pa ragraph 1 of this
86871391 subsection, Service Oklahoma is authorized to enter into contracts
86881392 to supply information regarding vehicles reported to be involved in
86891393 collisions. For each vehicle, the information shall be limited to
86901394 that which only describes the vehicl e and the collision. Service
86911395 Oklahoma shall not be required to provide any information reg arding
86921396 the owner or operator of the vehicle or any information which would
86931397 conflict with Section 2-110 or Section 1109 of this title.
86941398 D. Service Oklahoma or any licensed operator upon request shall
86951399 prepare and furnish to any authorized person a Motor Vehicle Report
86961400 of any person subject to the provisions of the motor vehicle laws of
86971401 this state. However, Service Oklahoma shall not be required to
86981402 furnish personal information from a driving record contrary to the
86991403 provisions of the Driver’s Privacy Protection Act, 18 United States
87001404 Code, Sections 2721 through 2725. The Motor Vehicle Report shall be
87011405 a summary of the driving record of the person and shall include the
87021406 enumeration of any motor vehicle collisions, reference to
87031407 convictions for violations of motor vehicle laws, and any action
87041408
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87301434 taken against the privilege of the person to operate a motor
87311435 vehicle, as shown by the files of Service Oklahoma for the three (3)
87321436 years preceding the date of the request. The Motor Vehicle Report,
87331437 to include any record or infor mation associated with the Motor
87341438 Vehicle Report, shall not be deemed a “public civil record” as
87351439 defined in Section 18 of Title 22 of the Oklahoma Statutes, and
87361440 shall not be subject to expungement. Service Oklahoma shall not be
87371441 required to release to any per son, in whole or in part and in any
87381442 format, a driving index, as described in subsection A of this
87391443 section, except as otherwise provided for by law. For each Motor
87401444 Vehicle Report furnished by Service Oklahoma, Service Oklahoma shall
87411445 collect the sum of Twenty-five Dollars ($25.00), Twenty Dollars
87421446 ($20.00) of which shall be deposited in the General Revenue Fund and
87431447 Five Dollars ($5.00) shall be deposited in the Department of Public
87441448 Safety Revolving Fund through October 31, 2022. Beginning November
87451449 1, 2022, the Five Dollars ($5.00) shall be deposited in the Service
87461450 Oklahoma Revolving Fund. For each Motor Vehicle Report furnished by
87471451 a licensed operator, the licensed operator shall collect the sum of
87481452 Twenty-five Dollars ($25.00), Eighteen Dollars ($18.00) of which
87491453 shall be paid to the Oklahoma Tax Commission for deposit in t he
87501454 General Revenue Fund in the State Treasury, Five Dollars ($5.00)
87511455 shall be deposited in the Department of Public Safety Revolving Fund
87521456 and Two Dollars ($2.00) of which shall be retained by the licensed
87531457 operator through October 31, 2022. Beginning November 1, 2022, for
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87801484 each Motor Vehicle Report furnished by a licensed operator, the
87811485 licensed operator shall collect the sum of Twenty-five Dollars
87821486 ($25.00), Eighteen Dollars ($18.00) of which shall be paid to the
87831487 Oklahoma Tax Commission for deposit in the Gene ral Revenue Fund in
8784-the State Treasury, Five Dollars ($5.00) of which shall be deposited
8785-in the Service Oklahoma Revolving Fund, and Two Dollars ($2.00)
8786-shall be retained by the licensed operator. Persons sixty-five (65)
8787-years of age or older shall not be required to pay a fee for their
8788-own Motor Vehicle Report furnished by Service Oklahoma or a licensed
8789-operator. For purposes of this subsection, a Motor Vehicle Report
8790-shall include a report which indicates that no driving record is on
8791-file with Service Oklahoma for the information received by Service
1488+the State Treasury, Five Dollars ($5.00) shall be deposited in the
1489+Service Oklahoma Revolving Fund, and Two Dollars ($2.00) shall be
1490+retained by the licensed operator. Persons sixty-five (65) years of
1491+age or older shall not be required to pay a fee for their own Motor
1492+Vehicle Report furnished by Service Oklahoma or a licensed operator.
1493+For purposes of this subsection, a Motor Vehicle Report shall
1494+include a report which indicates that no driving record is on file
1495+with Service Oklahoma for the information received by Service
87921496 Oklahoma in the request for the Motor Vehicle Report.
87931497 E. Service Oklahoma may develop procedures where by an acting
87941498 agent of an employer or an employer of a person:
87951499 1. Who has a Class A, B, C or D driver license; and
87961500 2. Who operates a commercial, company-owned or personal motor
87971501 vehicle during the course of business in the course of his or her
87981502 employment with the employer, may automatically be notified,
87991503 pursuant to a fee schedule established by Service Oklahoma, should
88001504 the driving record of a person reflect a traffic conviction in any
88011505 court or an administrative action by Service Oklahoma which alters
88021506 the status of the commercial driving privileges of the person, or
88031507 any other change to the driving status. The notification system
88041508
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88301534 shall include electronic delivery of a Motor Vehicle Report at least
88311535 annually for any employee who is a commercial driver licensee or who
88321536 operates a commercial motor vehicle, as r equired by 49 C.F.R.,
88331537 Section 391.25, or who operates a company-owned or personal motor
88341538 vehicle during the course of business. All monies received by the
88351539 Commissioner of Public Safety and the officers and employees of the
88361540 Department pursuant to this subse ction shall be deposited in the
88371541 Department of Public Safety Restricted Revolving Fund through
88381542 October 31, 2022. Beginning November 1, 2022, all monies received
88391543 by the Executive Director of Service Oklahoma and the officers and
88401544 employees of Service Oklahoma purs uant to this subsection shall be
88411545 deposited in the Service Oklahoma Revolving Fund. For each Motor
88421546 Vehicle Report furnished by Service Oklahoma, through the electronic
88431547 notification system, Service Oklahoma shall collect the sum of
88441548 Twenty-five Dollars ($25.00), Eighteen Dollars ($18.00) of which
88451549 shall be deposited in the General Revenue Fund in the State
88461550 Treasury. Five Dollars ($5.00) shall be deposited in the Department
88471551 of Public Safety Revolving Fund through October 31, 2022. Beginning
88481552 November 1, 2022, for each Motor Vehicle Report furnished by Service
88491553 Oklahoma, through the electronic notification system, Service
88501554 Oklahoma shall collect the sum of Twenty-five Dollars ($25.00),
88511555 Eighteen Dollars ($18.00) of which shall be deposited in the General
8852-Revenue Fund in the State Treasury, and Five Dollars ($5.00) of
8853-which shall be deposited in the Service Oklahoma Revolving Fund.
8854-
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8880-Two Dollars ($2.00) shall be retained by Service Oklahoma or its
8881-authorized agent for the purpose of development and mainte nance of
8882-the electronic notification system.
1556+Revenue Fund in the State Treasury, Five Dollars ($5.00) shall be
1557+deposited in the Service Oklahoma Revolving Fund. Two Dollars
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1584+($2.00) shall be retained by Service Oklahoma or its authorized
1585+agent for the purpose of development and maintenance of the
1586+electronic notification system.
88831587 F. Service Oklahoma is authorized to establish a procedure for
88841588 reviewing the driving records of state residents who are existing
88851589 policyholders of any insurance company licensed to operate in this
88861590 state during specified periods of time and producing a report which
88871591 identifies the policyholders which have had violation and/or status
88881592 changes to their driving records during such time period. Service
88891593 Oklahoma may sell such report to the insurance company or its agent
88901594 at a fee to be set b y Service Oklahoma. Any such report sold by
88911595 Service Oklahoma shall only consist of information otherwise
88921596 lawfully obtainable by the insurance company or its agent. The fee
88931597 shall be sufficient to recover all costs incurred by Service
88941598 Oklahoma and ensure that there will be no net revenue loss to the
88951599 state. Such fee shall be deposited in the Department of Public
88961600 Safety Revolving Fund through October 31, 2022. Beginning November
88971601 1, 2022, such fee shall be deposited in the Service Oklahoma
88981602 Revolving Fund.
88991603 G. All monies received by the Commissioner of Public Safety or
89001604 Service Oklahoma and the officers and employees of the Department
89011605 shall be remitted to the State Treasurer to be credited to the
89021606 General Revenue Fund in the State Treasury except as otherwise
89031607 provided for by law.
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8930-SECTION 28. AMENDATORY 47 O.S. 2021, Section 6-205.1, as
8931-amended by Section 1, Chapter 376, O.S.L. 2022 (47 O.S. Supp. 2022,
8932-Section 6-205.1), is amended to read as follows:
8933-Section 6-205.1. A. The driving privilege of a pe rson who is
8934-convicted of any offense as provided in paragraph 2 of subsection A
8935-of Section 6-205 of this title, or a p erson who has refused to
8936-submit to a test or tests as provided in Section 753 of this title,
8937-or a person whose alcohol concentration is su bject to the provisions
8938-of Section 754 of this title shall be revoked or denied by the
8939-Department of Public Safety Service Oklahoma for the following
8940-period, as applicable:
8941-1. The first license revocation pursuant to paragraph 2 of
8942-subsection A of Section 6-205 of this title or Section 753 or 754 of
8943-this title, within ten (10) years preceding the date of arrest
8944-relating thereto, shall be for a period of no less t han one hundred
8945-eighty (180) days and until the person completes the Impaired Driver
8946-Accountability Program in accordance with the rules of the Board of
8947-Tests for Alcohol and Drug Influence. The period of revocat ion and
8948-the Impaired Driver Accountability Program shall run concurrently
8949-and each shall be for no less than one hundred eighty (180) days ;
8950-2. A revocation pursuant to paragraph 2 of subsection A of
8951-Section 6-205 of this title or Section 753 or 754 of thi s title
8952-shall be for a period of no less t han one (1) year and until the
8953-person completes the Impaired Driver Accountability Program in
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8980-accordance with the rules of the Board of Tests for Alcohol and Drug
8981-Influence, if within ten (10) years preceding the d ate of arrest
8982-relating thereto, as shown b y the records of the Department Service
8983-Oklahoma:
8984-a. a prior revocation commenced pursuant to pa ragraph 2
8985-or 6 of subsection A of Section 6-205 of this title or
8986-Section 753 or 754 of this title, or
8987-b. the record of the person reflects a prior conviction
8988-in another jurisdiction which did not result in a
8989-revocation of Oklahoma driving privileges, for a
8990-violation substantially similar to paragraph 2 of
8991-subsection A of Section 6-205 of this title, and the
8992-person was not a resident or a licensee of Oklahoma at
8993-the time of the offense resulting in the conviction.
8994-The period of revocation and the Impaired Dr iver Accountability
8995-Program shall run concurrently and each shall be for no less than
8996-one (1) year;
8997-3. A revocation pursuant to paragraph 2 of subsection A of
8998-Section 6-205 of this title or Section 753 or 754 of this title
8999-shall be for a period of no less than two (2) years and until the
9000-person completes the Impaired Driver Accountability Program in
9001-accordance with the r ules of the Board of Tests for Alcohol and Drug
9002-Influence, if within ten (10) years preceding the date of arrest
9003-
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9029-relating thereto, as show n by the records of the Department Service
9030-Oklahoma:
9031-a. two or more prior revocations commenced pursuant to
9032-paragraph 2 or 6 of subsection A of Section 6-205 of
9033-this title or Section 753 or 754 of this title,
9034-b. two or more current enrollments in or previo us
9035-completions of the Impaired Driver Accountability
9036-Program,
9037-c. the record of the person reflects two or more prior
9038-convictions in another jurisdiction which did not
9039-result in a revocation of Oklahoma driving privileges,
9040-for a violation substantially similar to paragraph 2
9041-of subsection A of Section 6-205 of this title, and
9042-the person was not a resident or a licensee of
9043-Oklahoma at the time of the offense resulting in the
9044-conviction, or
9045-d. any combination of two or more prior revocations,
9046-current enrollments i n or previous completions of the
9047-Impaired Driver Accountability Program, or convictions
9048-as described in subparagra phs a, b and c of this
9049-paragraph.
9050-The period of revocation and the Impaired Driver Accountability
9051-Program shall run conc urrently and each shal l be for no less than
9052-two (2) years; or
9053-
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9079-4. The revocation of the driving privilege of any person under
9080-Section 6-205, 6-205.1, 753, or 754 of this title shall not run
9081-concurrently with any other revocation of driving privilege under
9082-Section 6-205, 6-205.1, 753, or 754 of this title resulting from a
9083-different incident.
9084-B. The driving privilege of a person who is conv icted of any
9085-offense as provided in paragraph 3 or 6 of subsection A of Section
9086-6-205 of this title shall be revoked or denied by the Department of
9087-Public Safety Service Oklahoma for the following period, as
9088-applicable:
9089-1. The first license revocation sha ll be for one hundred eighty
9090-(180) days, which shall be modified upon request; provided, any
9091-modification under this pa ragraph shall apply to Class D driver
9092-licenses only;
9093-2. A revocation shall be for a period of one (1) year if within
9094-ten (10) years preceding the date of arrest relating thereto, as
9095-shown by the records of the Department Service Oklahoma:
9096-a. a prior revocation commenced pursuan t to paragraph 2,
9097-3 or 6 of subsection A of Section 6-205 of this title,
9098-or Section 753 or 754 of this title,
9099-b. a prior revocation commenced pursuant to paragraph 2,
9100-3 or 6 of subsection A of Section 6 -205 of this title
9101-or Section 753 or 754 of this title , or current
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9127-
9128-enrollment in or previous completion of the Impaired
9129-Driver Accountability Program, or
9130-c. the record of the person reflects a prior conviction
9131-in another jurisdiction which did not result in a
9132-revocation of Oklahoma driv ing privileges, for a
9133-violation substantially similar to paragraph 2, 3 or 6
9134-of subsection A of Section 6-205 of this title, and
9135-the person was not a resident or a licensee of
9136-Oklahoma at the time of the offense resulting in the
9137-conviction.
9138-Such period shall not be modified; or
9139-3. A revocation shall be for a period of three (3) years if
9140-within ten (10) years preceding the date of arrest re lating thereto,
9141-as shown by the records of the Department Service Oklahoma:
9142-a. two or more prior revocations commenced pursuant to
9143-paragraph 2 or 6 of subsection A of Section 6-205 of
9144-this title, or Section 753 or 754 of this title,
9145-b. two or more prior re vocations commenced pursuant to
9146-paragraph 2 or 6 of subsection A of Section 6-205 of
9147-this title or Section 753 or 754 o f this title, or two
9148-or more current enrollments in or previous completions
9149-of the Impaired Driver Accountability Program,
9150-c. the record of the person reflects two or more prior
9151-convictions in another jurisdiction which did not
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9177-
9178-result in a revocation of Ok lahoma driving privileg es,
9179-for a violation substantially similar to paragraph 2
9180-or 6 of subsection A of Section 6-205 of this title,
9181-and the person was not a resident or licensee of
9182-Oklahoma at the time of the offense resulting in the
9183-conviction, or
9184-d. any combination of two or more prior revocations,
9185-current enrollments in or previous completions of the
9186-Impaired Driver Accountability Progr am, or convictions
9187-as described in subparagraphs a and b or c of this
9188-paragraph.
9189-Such period shall not be modified.
9190-The revocation of the driv ing privilege of any person under this
9191-subsection shall not run concurrently with any other withdrawal of
9192-driving privilege resulting from a different incident and which
9193-requires the driving privilege to be withdrawn for a prescribed
9194-amount of time. A den ial based on a conviction of any offense as
9195-provided in paragraph 6 of subsection A of Section 6-205 of this
9196-title shall become effective on the first day the convicted person
9197-is otherwise eligible to apply for and be granted driving privileges
9198-if the person was not eligible to do so at the time of the
9199-conviction.
9200-C. For the purposes of this section:
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9226-
9227-1. The term “conviction” includes a juvenile delinquency
9228-adjudication by a court or any notification from a court pursuant to
9229-Section 6-107.1 of this title; and
9230-2. The term “revocation” includes a denial of driving
9231-privileges by the Department Service Oklahoma.
9232-D. Each period of revocation in subsection A of this section
9233-shall be mandatory and neither the Department Service Oklahoma nor
9234-any court shall grant driving privileges based upon hardship or
9235-otherwise for the duration of that period, except under the Impaired
9236-Driver Accountability Program in accordance with the rules of the
9237-Board of Tests for Alcohol and Drug Influenc e.
9238-E. Any appeal of a revocation or denial of driving privileges
9239-in subsection A of this section shall be governed by Section 6-211
9240-of this title.
9241-SECTION 29. AMENDATORY 47 O.S. 2021, Section 6-211, as
9242-last amended by Section 2, Chapter 376, O.S.L. 2022 (47 O.S. S upp.
9243-2022, Section 6-211), is amended to read as follows:
9244-Section 6-211. A. Any person denied driving privileges , or
9245-whose driving privilege has been canceled, denied, suspended or
9246-revoked by the Department Service Oklahoma, except where such
9247-cancellation, denial, suspension or revocation is mandatory, under
9248-the provisions of Section 6-205 of this title, or dis qualified by
9249-the Department Service Oklahoma, under the provisions of Section 6-
9250-205.2 or 761 of this title, shall have the right of appeal to the
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9276-
9277-district court as hereinafter provided. Proceedings before the
9278-district court shall be exempt from the provisions of the Oklahoma
9279-Pleading and Discovery codes, except that the appeal shall be by
9280-petition, without responsive pleadings. The district court i s
9281-hereby vested with original jurisdiction to hear the petition.
9282-B. A person whose driving privilege is denied, canceled,
9283-revoked or suspended due to inability to meet standards prescribed
9284-by law, or due to an out-of-state conviction or violation, or due to
9285-an excessive point accumulation on the traffic record, or for an
9286-unlawful license issued, may appeal in the county in which the
9287-person resides.
9288-C. Any person whose driving privilege is canceled, denied,
9289-suspended or revoked may appeal to the district c ourt in the county
9290-in which the offense was committed upon which the Department Service
9291-Oklahoma based its order.
9292-D. A person whose driving privilege is subject to revocation
9293-pursuant to Section 753 or 754 of th is title may appeal to the
9294-district court in the county in which the arrest occurred relating
9295-to the test refusal or test r esult, as shown by the records of the
9296-Department Service Oklahoma.
9297-E. The petition shall be filed within thirty (30) days after
9298-the notice of revocat ion, pursuant to Section 75 3 or 754 of this
9299-title, has been served upon the person by the Department of Pu blic
9300-Safety Service Oklahoma. The petition shall contain a description
9301-
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9325-24
9326-
9327-of the facts and circumstances of the underlying incident sufficient
9328-to determine the arresting law enfor cement agency and the date of
9329-the incident. It shall be the duty of the distri ct court to enter
9330-an order setting the matter for hearing not less than thirty (3 0)
9331-days and not more than sixty (60) days from the date the petition is
9332-filed. A certified copy of petition and order for hearing shall be
9333-served forthwith by the petitioner upon the Commissioner of Public
9334-Safety to the office of Service Oklahoma by certified mail at the
9335-Department of Public Safety Service Oklahoma, Oklahoma City,
9336-Oklahoma.
9337-F. Upon a hearing relating to a revocation or disqualification
9338-pursuant to a convictio n for an offense enumerated in Sect ion 6-205,
9339-6-205.2 or 761 of this title, the c ourt shall not consider the
9340-propriety or merits of the revocation or disqualification action,
9341-except to correct the identity of the person convicted as shown by
9342-records of the Department Service Oklahoma.
9343-G. When the records of the Department Service Oklahoma do not
9344-reflect receipt of a sworn report of a law enforcement of ficer
9345-stating that the offi cer had reasonable grounds to believe the
9346-petitioner had been driving or was in actual physical control of a
9347-motor vehicle upon the public roads, highways, stre ets, turnpikes,
9348-or other public place of this state while under the i nfluence of
9349-alcohol, any other intoxicating substance, or the combined influence
9350-of alcohol and any other intoxicating substance, the court s hall,
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9376-
9377-upon application by the Department Service Oklahoma, stay the appeal
9378-for one hundred eighty (180) days from t he date of the arrest as
9379-alleged in the petition, or until the sworn report is received by
9380-the Department Service Oklahoma. If the records of the Department
9381-Service Oklahoma do not reflect receipt of the sworn report
9382-described in this subsection at the ex piration of the stay, the
9383-court shall enter an order directing the Department Service Oklahoma
9384-to take no action upon receipt of the sworn re port related to the
9385-arrest as described in the petition. In no event shall a court
9386-award costs or fees, including attorney fees, based upon t he records
9387-of the Department Service Oklahoma that do not reflect the receipt
9388-of the sworn report as described in this subsection.
9389-H. The court shall take test imony and examine the facts and
9390-circumstances, including all of the r ecords on file in the offic e of
9391-the Department of Public Safety Service Oklahoma relative to the
9392-offense committed and the driving record of the person, and
9393-determine from the facts, circ umstances, and records whether or not
9394-the petitioner is entitled to driving privileges or shall be subject
9395-to the order of denial, cancellation, suspension or revocation
9396-issued by the Department Service Oklahoma. In case the court finds
9397-that the order was not justified, the court may sustain the appeal,
9398-vacate the order of the Department Service Oklahoma and direct that
9399-driving privileges be restored to the petitioner, if othe rwise
9400-eligible.
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9426-
9427-I. The testimony of any hearing pursuant to this section shall
9428-be taken by the court stenographer and preserved for the purpose of
9429-appeal and, in case the Department Service Oklahoma files notice of
9430-appeal from the order of the court as pr ovided herein, the court
9431-shall order and direct the court clerk to prepare and fu rnish a
9432-complete transcript of all pleadings and proceedings, together with
9433-a complete transcrip t taken at the hearing at no cost to the
9434-Department Service Oklahoma, except the cost of transcribing.
9435-J. Upon the Department’s Service Oklahoma’s receipt of a
9436-petition challenging the Department’s Service Oklahoma’s action
9437-against the driving privileges of any person under this title, the
9438-Department Service Oklahoma shall withhold taking the action which
9439-is the subject of the appeal or stay the order which is t he subject
9440-of the appeal. During the pendency of the appeal, the Department
9441-Service Oklahoma shall grant or restore driving privileges to the
9442-person if the person is otherwis e eligible.
9443-K. An appeal may be ta ken by the person or by the Department
9444-Service Oklahoma from the order or judgment of the district court to
9445-the Supreme Court of the State of Oklahoma as otherwise provided by
9446-law.
9447-SECTION 30. AMENDATORY 47 O.S. 2021, Section 156.1 , as
9448-last amended by Section 3 of Enrolled House Bill No. 2253 of the 1st
9449-Session of the 59th Oklahoma Legislature , is amended to read as
9450-follows:
9451-
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9476-
9477-Section 156.1. A. It shall be unlawful for any state official,
9478-officer or employee, except any essential e mployees approved by the
9479-Governor and those officers or employees authorized in subsection B
9480-of this section, to r ide to or from the place of residence of the
9481-employee in a state-owned or state-leased automobile, truck or
9482-pickup, except in the performance of the official duty of the
9483-employee, or to use or permit the use of any such automobile, truck,
9484-ambulance or pickup for other personal or private purposes. Any
9485-person convicted of violating the provisions of this section shall
9486-be guilty of a misdemeanor and shall be punished by a fine of not
9487-more than One Hundred Dollars ($100.00) or by imprisonment in the
9488-county jail for a period to not exceed thirty (30) days, or by both
9489-said fine and imprisonment, and in addition thereto, shall be
9490-discharged from state employment.
9491-B. 1. Any state employee, other than the individuals provided
9492-for in paragraph 2 of this subsectio n and any employee of the
9493-Department of Public Safety who is an employee in the Driver License
9494-Examining Division or the Driver Compliance Div ision or a wrecker
9495-inspector or auditor of the Wrecker Services Division as provided
9496-for in paragraph 3 of this su bsection, who receives emergency
9497-telephone calls regularly at the residence of the employee when the
9498-employee is not on duty and is regularly called upon to use a
9499-vehicle after normal work hours in response to such emergency calls,
9500-may be permitted to use a vehicle belonging to the state to provide
9501-
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9526-
9527-transportation between the residence of the employee and the
9528-assigned place of employment, provide d such distance does not exceed
9529-seventy-five (75) miles in any round trip or is within the county
9530-where the assigned place of employment is located. Provided
9531-further, an employee may be permitted to use a state -owned or state-
9532-leased vehicle to provide tem porary transportation between a
9533-specific work location other than the assigned place of employment
9534-and the residence of the employee, if such use shall result in a
9535-monetary saving to the agency, and such authorization shall not be
9536-subject to the distance o r area restrictions provided for in this
9537-paragraph. Authorization for temporary use of a state-owned or
9538-state-leased vehicle for a specific project shall be in writing
9539-stating the justification for this use and the saving expected to
9540-result. Such authori zation shall be valid for not to exceed sixty
9541-(60) days. Any state entity other than law enforcement that avails
9542-itself of this provision shall keep a monthly record of all
9543-participating employees, the number of emergency calls received and
9544-the number of times that a state vehicle was used in the performance
9545-of such emergency calls.
9546-2. Any employee of the Departmen t of Public Safety, Oklahoma
9547-Department of Corrections, Office of the Attorney General, Oklahoma
9548-State Bureau of Narcotics and Dangerous Drugs Control, Oklahoma
9549-State Bureau of Investigatio n, Alcoholic Beverage Laws Enforcement
9550-Commission, Oklahoma Horse Rac ing Commission, Oklahoma Depa rtment of
9551-
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9576-
9577-Agriculture, Food, and Forestry, Office of the Inspector General
9578-within the Department of Human Servi ces or Office of the State Fire
9579-Marshal, who is a law enforcement officer or criminalist, Public
9580-Information officer, Special Investigator or Ass istant Director of
9581-the Oklahoma State Bureau of In vestigation, CLEET-certified
9582-Investigator for a state board o r any employee of a district
9583-attorney who is a law enforcement officer, may be permitted to use a
9584-state-owned or state-leased vehicle to provide transportation
9585-between the residence of the employ ee and the assigned place of
9586-employment and between the resid ence and any location other than the
9587-assigned place of employment to which the employee travels in the
9588-performance of the official duty of the em ployee.
9589-3. Any employee of the Department of Publ ic Safety who is an
9590-employee in the Driver License Examining Division, an employee of
9591-the Driver Compliance Division, a wrecker inspector or auditor of
9592-the Wrecker Services Div ision, or a noncommissioned pi lot may be
9593-permitted, as determined by the Commiss ioner, to use a state -owned
9594-or state-leased vehicle to provi de transportation between the
9595-residence of the employee and the assigned place of employment and
9596-between the residence and any location other than the assigned place
9597-of employment to which the emp loyee travels in the perform ance of
9598-the official duty of the employee.
9599-4. The Director, department heads a nd other essential employees
9600-of the Department of Wildlife Conservat ion, as authorized by the
9601-
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9626-
9627-Wildlife Conservation Commission, may be permitted to u se a state-
9628-owned or state-leased vehicle to provide transpo rtation between the
9629-residence of the employee an d the assigned place of employment and
9630-between the residence and any location other than the assig ned place
9631-of employment to which the employee trave ls in the performance of
9632-the official duty of the employee.
9633-5. The Director, department heads, emergency responders and
9634-other essential employees of the Department of Correc tions, as
9635-authorized by the Di rector, may be permitted to use a state-owned or
9636-state-leased vehicle to provide transportation between the re sidence
9637-of the employee and the assigned place o f employment and between the
9638-residence and any location other than t he assigned place of
9639-employment to which the employee travels in the performance o f the
9640-official duty of the e mployee.
9641-6. The Attorney General, division heads, emergency responders,
9642-agents, assistant attorneys general, and other essential employees
9643-of the Office of the Attorney General, as authorized by the Attorney
9644-General, may be permitted to us e a state-owned or state-leased
9645-vehicle to provide transportation between the residence of the
9646-employee and the assigned place of employment and between the
9647-residence and any location other than the assigned place of
9648-employment to which the employee travel s in the performance of the
9649-official duty of the employee.
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9675-
9676-7. Designated Examiner Auditors, Designated Examiner
9677-Supervisors, Commercial Driver License Examiners, Commercial Driver
9678-License Auditors, Commercial Driver License Supervisors, and Driver
9679-License Supervisors, as an employee of Service Oklah oma may be
9680-permitted, as determined by the Direc tor of Service Oklahoma, to use
9681-a state-owned or state-leased vehicle to provide transportation
9682-between the residence of the employee and the assigned place of
9683-employment and between th e residence and any loc ation other than the
9684-assigned place.
9685-C. The principal administrator of the state agency with which
9686-the employee is employed shall so designate the s tatus of the
9687-employee in writing or provide a copy of the temporary authorization
9688-to the Governor, the Pre sident Pro Tempore of the Senate and the
9689-Speaker of the House of Representatives. Such employee status
9690-report shall also be provided to the State Fle et Manager of the
9691-Division of Fleet Management if the motor vehicle for emergency us e
9692-is provided by said Division.
9693-SECTION 31. AMENDATORY 47 O.S. 2021, Section 752, is
9694-amended to read as follows:
9695-Section 752. A. Only a licensed medical doctor, licensed
9696-osteopathic physician, licensed chiropractic physician, reg istered
9697-nurse, licensed practical nurse, physician’s assistant, certified by
9698-any state’s appropriate licensing authority, an employee of a
9699-hospital or other health care fac ility authorized by the hospital or
9700-
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9725-
9726-health care facility to withdraw blood, or indiv iduals licensed in
9727-accordance with Section 1-2505 of Title 63 of the Oklahoma Statutes
9728-as an Intermediate Emergency Medical Technician, an Advanced
9729-Emergency Medical Techni cian or a Paramedic, acting within the scope
9730-of practice prescribed by their medical director, acting at the
9731-request of a law enforcement officer may withdraw blood for the
9732-purpose of having a determination made of its concentration of
9733-alcohol or the prese nce or concentration of other intoxicating
9734-substance. Only qualified persons author ized by the Board ma y
9735-collect breath, saliva or urine, or administer tests of breath under
9736-the provisions of this title.
9737-B. If the person authorized to withdraw blood as specified in
9738-subsection A of this section is presented with a written statement:
9739-1. Authorizing blood withdrawal signed by the person whose
9740-blood is to be withdrawn;
9741-2. Signed by a duly authorized peace officer that the person
9742-whose blood is to be withdra wn has agreed to the withdrawal of
9743-blood;
9744-3. Signed by a duly authorized peace offi cer that the person
9745-whose blood is to be withdrawn has been placed under arrest and tha t
9746-the officer has probable cause to believe that the person, while
9747-intoxicated, has operated a motor vehicle in such manner as to have
9748-caused the death or serious physic al injury of another person, or
9749-the person has been involved in a traffic accident and has been
9750-
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9775-
9776-removed from the scene of the accident that resulted in the death or
9777-great bodily injury, as defined in subsection B of Section 646 of
9778-Title 21 of the Oklahoma Statutes, of any person to a hospital or
9779-other health care facility outside the State o f Oklahoma before the
9780-law enforcement officer was able to effect an arrest for such
9781-offense; or
9782-4. In the form of an order from a district court that blood be
9783-withdrawn, the person authorized to withdraw the blood and the
9784-hospital or other health care fac ility where the withdrawal occurs
9785-may rely on such a statement or order as evidence that the person
9786-has consented to or has been required to submit to the clinical
9787-procedure and shall not require the person to sign any additional
9788-consent or waiver form. I n such a case, the person authorized to
9789-perform the procedure, the employer of such p erson and the hospital
9790-or other health care facility shall not be liable in any acti on
9791-alleging lack of consent or lack of informed consent.
9792-C. No person specified in sub section A of this section, no
9793-employer of such person and no hospital or other health care
9794-facility where blood is withdrawn shall incur any civil or criminal
9795-liability as a result of the proper withdrawal of blood when acting
9796-at the request of a law enfor cement officer by the provisions of
9797-Section 751 or 753 of this title, or when acting in reliance upon a
9798-signed statement or court order as provided in this section, if t he
9799-act is performed in a reasonable manner according to generally
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9826-accepted clinical pra ctice. No person specified in subsection A of
9827-this section shall incur any civil or criminal liability as a result
9828-of the proper collection of breath, saliva or urine w hen acting at
9829-the request of a law enforcement officer under the provisions of
9830-Section 751 or 753 of this title or when acting pursuant to a court
9831-order.
9832-D. The blood, breath, saliva or urine specimens obtained shall
9833-be tested by the appropriate test as d etermined by the Board, or
9834-tested by a laboratory that is exempt from the Board rules p ursuant
9835-to Section 759 of this title, to determine the alcohol concentration
9836-thereof, or the presence or concentration of any other intoxicating
9837-substance which might ha ve affected the ability of the person tested
9838-to operate a motor vehicle safely.
9839-E. When blood is withdrawn for testing of its alcohol
9840-concentration or other intoxicating s ubstance presence or
9841-concentration, at the request of a law enforcement officer, a
9842-sufficient quantity of the same specimen shall be obtained to enable
9843-the tested person, at his or her own option and expense, to have an
9844-independent analysis made of such sp ecimen. The excess blood
9845-specimen shall be retained by a laboratory approved by the Board in
9846-accordance with the rules and regulations of the Board or by a
9847-laboratory that is exempt from the Board rules pursuant to Section
9848-759 of this title, for sixty (60 ) days from the date of collection.
9849-At any time within that period, the tested pers on or his or her
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9876-attorney may direct that such blood specimen be sent or delivered to
9877-a laboratory of his or her own choosing and approved by the Board
9878-for an independent a nalysis. Neither the tested person, nor any
9879-agent of such person, shall have access to the additional blood
9880-specimen prior to the completion of the independent analysis, except
9881-the analyst performing the independent analysis and agents of the
9882-analyst.
9883-F. The costs of collecting blood specimens for the purpose of
9884-determining the alcohol or other intoxicating substance thereof, by
9885-or at the direction of a law enforcement of ficer, shall be borne by
9886-the law enforcement agency employing such officer; provided, if the
9887-person is convicted for any offense involving the operation of a
9888-motor vehicle while under the influence of or while impaired by
9889-alcohol or an intoxicating substan ce, or both, as a direct result of
9890-the incident which caused the collection of blood specimens, an
9891-amount equal to the costs shall become a part of the court costs of
9892-the person and shall be collected by the court and remitted to the
9893-law enforcement agency bearing the costs. The cost of collecting,
9894-retaining and sending or delivering to a n independent laboratory the
9895-excess specimens of blood for independent analysis at t he option of
9896-the tested person shall also be borne by such law enforcement
9897-agency. The cost of the independent analysis of such specimen of
9898-blood shall be borne by the tested person at whose option such
9899-analysis is performed. The tested person, or his or her agent,
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9926-shall make all necessary arrangements for the performance of such
9927-independent analysis other than the forwarding or delivery of such
9928-specimen.
9929-G. Tests of blood or breath for the purpose of determining the
9930-alcohol concentration thereof, and te sts of blood for the purpose of
9931-determining the presence or concentration of any other intoxicating
9932-substance therein, under the provisions of this title, whether
9933-administered by or at the direction of a law enforcement officer or
9934-administered independentl y, at the option of the tested person, on
9935-the excess specimen of such person’s blood to be considered valid
9936-and admissible in evidence under the provisions of this title, s hall
9937-have been administered in accordance with Section 759 of this title.
9938-H. Any person who has been arrested for any offense arising out
9939-of acts alleged to have been com mitted while the person was
9940-operating or in actual physical control of a motor vehicl e while
9941-under the influence of alcohol, any other int oxicating substance or
9942-the combined influence of alcohol and any other intoxicating
9943-substance who is not requested by a law enforcement officer to
9944-submit to a test shall be entitled to have an independen t test of
9945-his or her blood for the purpose of determi ning its alcohol
9946-concentration or the presence or concentration of any other
9947-intoxicating substance therein, performed by a person of his or her
9948-own choosing who is qualified as stipulated in this sectio n. The
9949-arrested person shall bear the responsibility for making all
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9976-necessary arrangements for the administration of such independent
9977-test and for the independent analysi s of any specimens obtained, and
9978-bear all costs thereof. The failure or inability of the arrested
9979-person to obtain an independent test shall not preclude the
9980-admission of other competent evidence bearing upon the question of
9981-whether such person was under the influence of alcohol, or any other
9982-intoxicating substance or the combined influen ce of alcohol and any
9983-other intoxicating substance.
9984-I. Any agency or laboratory cer tified by the Board or any
9985-agency or laboratory that is exempt from the Board rules pur suant to
9986-Section 759 of this title, which analyses blood shall make available
9987-a written report of the results of the test administered by or at
9988-the direction of the law enforcement officer to:
9989-1. The tested person, or his or her attorney;
9990-2. The Commissioner of Public Safety; and
9991-3. The Executive Director of Service Oklahoma; and
9992-4. The Fatality Analysis Reporting System (FARS) analyst of the
9993-state, upon request.
9994-The results of the tests provided for in this title shall be
9995-admissible in all civil action s, including administrative hear ings
9996-regarding driving privileges.
9997-SECTION 32. AMENDATORY 47 O.S. 2021, Section 753, as
9998-amended by Section 6, Chapter 376, O.S.L. 2022 (47 O.S. Supp. 2022,
9999-Section 753), is amended to read as follows :
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10025-
10026-Section 753. A. If a conscious person under arrest refuses to
10027-submit to testing of his or her blood or breath for the purpose of
10028-determining the alcohol concentration thereof, or to a test of his
10029-or her blood, saliva or urine for the purpose of determi ning the
10030-presence or concentrati on of any other intoxicating substance, or
10031-the combined influence of alcohol and any other intoxicating
10032-substance, none shall be given except upon the issuance of a search
10033-warrant or unless the investigating officer has prob able cause to
10034-believe that the person under arrest, while intoxicated, has
10035-operated the motor vehicle in such a manner as to have caused the
10036-death or serious physical injury of an y other person or persons. In
10037-such event, such test otherwise authorized by law may be made in the
10038-same manner as if a search warrant had been issued for such test or
10039-tests. The sample shall be taken in a medically acceptab le manner
10040-as authorized by Sect ion 752 of this title. The Commissioner of
10041-Public Safety Director of Service Oklahoma, upon the receipt of a
10042-sworn report of the law enforcement officer that the officer had
10043-reasonable grounds to believe the arrested person had been driving
10044-or was in actual physical control of a motor vehicle upon the public
10045-roads, highways, stree ts, turnpikes or other public pl ace of this
10046-state while under the influence of alcohol, any other intoxicating
10047-substance, or the combined influence of alcohol and any other
10048-intoxicating substance, or that the person had refused to submit to
10049-the test or tests, shall revoke the license to drive and any
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10075-
10076-nonresident operating privilege for a period provided by Section 6-
10077-205.1 of this title. If the person is a resident or nonresident
10078-without a license or permit to operate a motor vehicle in this
10079-state, the Commissioner of Public Safety Director of Service
10080-Oklahoma shall deny to the person the issuance of a license or
10081-permit for a period provided by Section 6-205.1 of this title
10082-subject to a review as provided in Section 754 of this title. The
10083-revocation or denial shall become effective forty -five (45) days
10084-after the arrested person is given written notice thereof by the
10085-officer or by the Department of Public Safety Service Oklahoma as
10086-provided in Section 754 of this title.
10087-B. The Department Service Oklahoma shall immediately reinstate
10088-the driving privilege of the person if:
10089-1. The arrested person was required to submit to the testing of
10090-his or her blood or breath pursuant to the provi sions of a search
10091-warrant despite his or her refusal to submit to testing; and
10092-2. The Department Service Oklahoma receives a written blood or
10093-breath test report that reflects the arrested person did not have
10094-any measurable quantity of alcohol, or any oth er intoxicating
10095-substance, or the combination of alcohol and any other intoxica ting
10096-substance in the blood or b reath of the arrested person.
10097-SECTION 33. AMENDATORY 47 O.S. 2021, Section 754, as
10098-amended by Section 7, Chapter 376, O .S.L. 2022 (47 O.S. Supp. 2022,
10099-Section 754), is amended to read as follows:
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10125-
10126-Section 754. A. The sworn report of the officer stating the
10127-officer had reasonable grounds to believe the arrested person had
10128-been driving or was in actual physical control of a motor vehicle
10129-upon the public roads, highways, streets, turnpikes or other publ ic
10130-place of this state while und er the influence of alcohol, any other
10131-intoxicating substance or the combined influence of alcohol and any
10132-other intoxicating substance, shall be submitted by mail, by
10133-electronic means approved by the Department Service Oklahoma or in
10134-person to the Department Service Oklahoma within seventy-two (72)
10135-hours of the issuance of the report. The failure of the officer to
10136-timely file this report shall not affect the authority of the
10137-Department Service Oklahoma to revoke the driving privilege of the
10138-arrested person. However, the Department Service Oklahoma shall
10139-take no action on a sworn report as described in this section if the
10140-sworn report is not rec eived by the Department Service Oklahoma
10141-after the expiration of one hundred eigh ty (180) days of the arrest
10142-of the person.
10143-B. Upon receipt of a written blood or breath test report
10144-reflecting that the arrested person, if under t wenty-one (21) years
10145-of age, had any measurable quantity of alcohol in the blood or
10146-breath of the person, or , if the arrested person is twen ty-one (21)
10147-years of age or older, a blood or breath alcohol concentration of
10148-eight-hundredths (0.08) or more, accom panied by a sworn report f rom
10149-a law enforcement officer that the officer had reasonable grounds to
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10176-believe the arrested person had been oper ating or was in actual
10177-physical control of a motor vehicle while under the influence of
10178-alcohol as prohibited by law , the Department Service Oklahoma shall
10179-revoke or deny the driving privilege of the arrested person for a
10180-period as provided by Section 6 -205.1 of this title, unless the
10181-person has successfully completed or is currently participating in
10182-the Impaired Driver Accountability Program in relation to the arrest
10183-which is the subject of the report. Revocation or denial of the
10184-driving privilege of the arrested person shall become effective
10185-thirty (30) forty-five (45) days after the arrested person is given
10186-written notice thereof by the offic er as provided in this section or
10187-by the Department as provided in Section 2 -116 of this title Service
10188-Oklahoma.
10189-C. The appeal hearing before the district court shall be
10190-conducted in accordance with Section 6-211 of this title. The
10191-hearing shall cover t he issues of whether the officer had reasonable
10192-grounds to believe the person had b een operating or was in actual
10193-physical control of a vehicle upon the public roads, highways,
10194-streets, turnpikes or other public place of this state while under
10195-the influence of alcohol, any other intoxicating substance or the
10196-combined influence of alcohol and any other intoxicating subs tance
10197-as prohibited by law, and whether the person was placed under
10198-arrest.
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10225-1. If the revocation or denial is based upon a breath or blood
10226-test result and a sworn report from a law enforcement officer, the
10227-scope of the hearing shall also cover the issues as to whether:
10228-a. if timely requested by the person, the person was not
10229-denied a breath or blood test,
10230-b. the specimen was obtained from t he person within two
10231-(2) hours of the arrest of the person,
10232-c. the person, if under twenty-one (21) years of age, w as
10233-advised that driving privileges would be revoked or
10234-denied if the test result reflected the presence of
10235-any measurable quantity of alcoho l,
10236-d. the person, if twenty-one (21) years of age or older,
10237-was advised that drivin g privileges would be revoked
10238-or denied if the test result reflected an alcohol
10239-concentration of eight-hundredths (0.08) or more, and
10240-e. the test result in fact reflects the alcohol
10241-concentration.
10242-2. If the revocation or denial is based upon the refusal o f the
10243-person to submit to a breath or blood test, reflected in a sworn
10244-report by a law enforcement officer, the scope of the hearing shall
10245-also include whether:
10246-a. the person refused to submit to the tes t or tests, and
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10273-b. the person was informed that drivi ng privileges would
10274-be revoked or denied if the person refused to submit
10275-to the test or tests.
10276-D. After the hearing, the district court shall order the
10277-revocation or denial either rescinded or sustained .
10278-SECTION 34. AMENDATORY 47 O.S. 2021, Section 761, is
10279-amended to read as follows:
10280-Section 761. A. Any person who operates a motor vehicle while
10281-his ability to operate such motor vehicle is impaired by the
10282-consumption of alcohol, or any other substance, other than alcohol,
10283-which is capable of being ingested, inhaled, injected or absorbed
10284-into the human body and is capable of adversely affecting the
10285-central nervous system, vision, hearing or other sensory or motor
10286-functions shall be subject to a fine of not less than One Hundred
10287-Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or
10288-imprisonment in the county jail for not more than six (6) months, or
10289-by both such fine and imprisonment.
10290-B. Upon the receipt of any person’s record of conviction of
10291-driving while impaired, when su ch conviction has become final, the
10292-Department of Public Safety Service Oklahoma shall suspend the
10293-driving privilege of such person, as follows:
10294-1. The first suspension shall be for thirty (30) days ;
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10321-2. The second suspension shall be for a period of six (6)
10322-months, which may be modified; provided, any modification under this
10323-paragraph shall apply to Class D motor vehicles only; and
10324-3. The third or subsequent suspension shall be for twelve (12)
10325-months, which may be modified; provided, any modification und er this
10326-paragraph shall apply to Class D motor vehicles only.
10327-Provided, however, the Department Service Oklahoma shall not
10328-suspend such privilege pu rsuant to this subsection if said person’s
10329-driving privilege has been revoked based upon a test result or te st
10330-refusal pursuant to Section 753 or Section 754 of this title arising
10331-from the same circumstances which resulted in the conviction.
10332-C. The violations as set out in this section shall not be
10333-bondable under Section 1115.3 of Title 22 of the Oklahoma Statu tes.
10334-D. Any person who is found guilty of a violation of the
10335-provisions of this section or pleading guilty or nolo contendere for
10336-a violation of any provision of this section shall be ordered to
10337-participate in, prior to sentencing, an alcohol and drug ass essment
10338-and evaluation by an assessment agency or assessment personnel
10339-certified by the Department of Mental Health and Substance Abuse
10340-Services for the purpose of evaluating the receptivity to treat ment
10341-and prognosis of the person. The court shall order the person to
10342-reimburse the agency or assessor for the assessment and evaluation.
10343-The fee for an assessment and evaluation shall be the amount
10344-provided in subsection C of Section 3-460 of Title 43A of the
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10370-
10371-Oklahoma Statutes. The evaluation shall be conduct ed at a certified
10372-assessment agency, the office of a certified assessor or at another
10373-location as ordered by the court. The agency or assessor shal l,
10374-within seventy-two (72) hours from the time the person is assessed,
10375-submit a written report to the court for the purpose of assisting
10376-the court in its final sentencing determination. If such report
10377-indicates that the evaluation shows that the defendant would benefit
10378-from a ten-hour or twenty-four-hour alcohol and drug substance abuse
10379-course or a treatment pr ogram or both, the court shall, as a
10380-condition of any sentence imposed, including a deferred sentence and
10381-a suspended sentence, require the person t o follow all
10382-recommendations identified by the assessment and evaluation and
10383-ordered by the court. No perso n, agency or facility operating an
10384-alcohol and drug substance abuse evaluation program certified by the
10385-Department of Mental Health and Substance Ab use Services shall
10386-solicit or refer any person evaluated pursuant to this section for
10387-any treatment program or alcohol and drug substance abuse service in
10388-which such person, agency or facility has a vested interest;
10389-however, this provision shall not be con strued to prohibit the court
10390-from ordering participation in or any person from voluntarily
10391-utilizing a treatment program or alcohol and drug substance abuse
10392-service offered by such person, agency or facility. Any evaluation
10393-report submitted to the court p ursuant to this subsection shall be
10394-handled in a manner which will keep such report confidential from
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10421-the general public’s review. Nothing contained in this subsection
10422-shall be construed to prohibit the court from ordering judgment and
10423-sentence and any other sanction authorized by law for failure or
10424-refusal to comply with an order of the court.
10425-SECTION 35. AMENDATORY 47 O.S. 2021, Section 802, is
10426-amended to read as follows:
10427-Section 802. A. The Commissioner Service Oklahoma, in
10428-conjunction with the Department of Public Safety, shall adopt and
10429-prescribe such regulations concerning the ad ministration and
10430-enforcement of Section 801 et seq. of this title as are necessary to
10431-carry out the intent of this act and to protect the public. The
10432-Commissioner Service Oklahoma or his or her authorized
10433-representative shall inspect the school facilities and equipment of
10434-applicants and licensees and examine applicants for instructor’s
10435-licenses.
10436-B. The Commissioner Service Oklahoma shall administer and
10437-enforce the provisions of this act, and may call upon the State
10438-Superintendent of Public Instruction for assistance in developing
10439-and formulating appropriate regulations.
10440-C. 1. The Commissioner Service Oklahoma, in conjunction with
10441-the Department of Public Safety, may require that the course of
10442-study for training students for Class A, B or C commercial lic enses
10443-shall include training on the recognition, prevention and reporting
10444-of human trafficking. If required, the Commissioner Service
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10471-Oklahoma, in conjunction with the Department of Public Safety, shall
10472-regularly review and update the training to take int o account
10473-changes and trends in human trafficking. The Commissioner Service
10474-Oklahoma shall collaborate with organizations that specialize in the
10475-recognition and prevention of human trafficking.
10476-2. The Commissioner Service Oklahoma, in conjunction with th e
10477-Department of Public Safety, may identify and establish industry
10478-specific materials for use in the instruction required on the
10479-recognition, prevent ion and effective reporting of human trafficking
10480-by people training to obtain a Class A, B or C commercial license.
10481-SECTION 36. AMENDATORY 47 O.S. 2021, Section 803, is
10482-amended to read as follows:
10483-Section 803. (A) No commercial driver training school shall be
10484-established nor any such existing school continued on or after the
10485-effective date of this act, unless such s chool applies for and
10486-obtains from the Commissioner Service Oklahoma a license in the
10487-manner and form prescribed by the Commissioner Service Oklahoma.
10488-(B) Regulations adopted by the Commissioner Service Oklahoma,
10489-in conjunction with the Department of Publ ic Safety, shall state the
10490-requirements for a school license, including requirements concerning
10491-location, equipment, courses of instruction, instruc tors, previous
10492-records of the school and instructors, financial statements,
10493-schedule of fees and charges, ch aracter and reputation of the
10494-operators and instructors, insurance in such sum and with such
10495-
10496-Req. No. 2200 Page 211 1
10497-2
10498-3
10499-4
10500-5
10501-6
10502-7
10503-8
10504-9
10505-10
10506-11
10507-12
10508-13
10509-14
10510-15
10511-16
10512-17
10513-18
10514-19
10515-20
10516-21
10517-22
10518-23
10519-24
10520-
10521-provisions as the Commissioner Service Oklahoma, in con junction with
10522-the Department of Public Safety, deems necessary to protect
10523-adequately the interests of the pu blic, and such other matters as
10524-the Commissioner Service Oklahoma may prescribe for the protection
10525-of the public.
10526-(C) Every school offering instruc tion for a restricted Class D
10527-license for persons fifteen and one -half (15 1/2) years old as
10528-defined in Section 6-105 of this title must provide for a minimum
10529-number of hours of actual classroom and field driving instruct ion as
10530-determined by the Commissioner Service Oklahoma, in conjunction with
10531-the Department of Public Safety .
10532-SECTION 37. AMENDATORY 47 O.S. 2021, Section 804, is
10533-amended to read as follows:
10534-Section 804. A. No person shall act a s an instructor unless
10535-such person applies for and obtains from the Commissioner of Public
10536-Safety Service Oklahoma a license in the manner and fo rm prescribed
10537-by the Commissioner Service Oklahoma.
10538-B. Rules promulgated by the Commissioner Service Oklahoma, in
10539-conjunction with the Department o f Public Safety, shall state the
10540-requirements for an instructor ’s license, including requirements
10541-concerning moral character, physical condition, knowledge of the
10542-courses of instruction, motor vehicle laws and safety p rinciples and
10543-practices, previous pers onnel and employment records, and such other
10544-matters as the Commissioner Service Oklahoma, in conjunction wi th
10545-
10546-Req. No. 2200 Page 212 1
10547-2
10548-3
10549-4
10550-5
10551-6
10552-7
10553-8
10554-9
10555-10
10556-11
10557-12
10558-13
10559-14
10560-15
10561-16
10562-17
10563-18
10564-19
10565-20
10566-21
10567-22
10568-23
10569-24
10570-
10571-the Department of Public Safety, may prescribe for the protection of
10572-the public.
10573-SECTION 38. AMENDATORY 47 O.S. 2021, Se ction 805, is
10574-amended to read as follows:
10575-Section 805. All licenses shall e xpire on the last day of the
10576-calendar year and may be renewed upon application to the
10577-Commissioner Service Oklahoma as prescribed by his its regulation.
10578-Each application for an or iginal or renewal school license shall be
10579-accompanied by a fee of Twenty -five Dollars ($25.00). Each
10580-application for an original or renewal instructor’s license shall be
10581-accompanied by a fee of Five Dollars ($5.00). The license fees
10582-collected pursuant to Sections 801 through 808 of this title shall
10583-be remitted to the State Treas urer to be credited to the Gener al
10584-Revenue Fund in the State Treasury. No license fee shall be
10585-refunded in the event that the license is re jected, suspended, or
10586-revoked.
10587-SECTION 39. AMENDATORY 47 O.S. 2021, Section 806, is
10588-amended to read as follows:
10589-Section 806. The Commissioner Service Oklahoma may cancel,
10590-suspend, revoke, or refuse to issue or renew a school or
10591-instructor’s license in any case where he finds the licensee or
10592-applicant has not complied with, or has violated, an y of the
10593-provisions of this Act or any regulation adopted by the Commissioner
10594-Service Oklahoma hereunder. Any canceled, suspended or revoke d
10595-
10596-Req. No. 2200 Page 213 1
10597-2
10598-3
10599-4
10600-5
10601-6
10602-7
10603-8
10604-9
10605-10
10606-11
10607-12
10608-13
10609-14
10610-15
10611-16
10612-17
10613-18
10614-19
10615-20
10616-21
10617-22
10618-23
10619-24
10620-
10621-license shall be returned to the Commissioner Service Oklahoma by
10622-the licensee, and its holder shall not be eligib le to apply for a
10623-license under this act until three (3) months have elapsed since the
10624-date of suspension or revocation.
10625-SECTION 40. AMENDATORY 47 O.S. 2021, Section 1104, as
10626-last amended by Section 1, Chapter 363, O.S.L. 2022 (47 O.S. Su pp.
10627-2022, Section 1104), is amen ded to read as follows:
10628-Section 1104. A. Unless otherwise provided by law, all fees,
10629-taxes and penalties collected or received purs uant to the Oklahoma
10630-Vehicle License and Registration Act or Section 1 -101 et seq. of
10631-this title shall be apportioned and d istributed monthly by the
10632-Oklahoma Tax Commission in accordance with this section. Service
10633-Oklahoma shall provide to the Oklahoma Tax Commission monthly
10634-reports of motor vehicle collection information, including, but not
10635-limited to, motor vehicle monthly apportionment information,
10636-refunds, cancelled voucher s, waste tire collections, organ donor
10637-program amounts, driver license records, prorate amounts, and sales
10638-tax amounts. The reports shall be delivered electronically purs uant
10639-to the current calendar yea r apportionment disbursement schedule
10640-provided to Service Oklahoma by the Oklahoma Tax Commission on or
10641-before December 1st annually.
10642-B. 1. The following percentage s of the monies referred to in
10643-subsection A of this section shall be apportioned to the va rious
10644-school districts in accordance with paragraph 2 of this subsection:
10645-
10646-Req. No. 2200 Page 214 1
10647-2
10648-3
10649-4
10650-5
10651-6
10652-7
10653-8
10654-9
10655-10
10656-11
10657-12
10658-13
10659-14
10660-15
10661-16
10662-17
10663-18
10664-19
10665-20
10666-21
10667-22
10668-23
10669-24
10670-
10671-a. from October 1, 2000, until June 30, 2001, thirty-five
10672-and forty-six one-hundredths percent (35.46%),
10673-b. for the year beginning July 1, 2001, and ending June
10674-30, 2002, thirty-five and ninety-one one-hundredths
10675-percent (35.91%),
10676-c. for the year beginning July 1, 2002, through the year
10677-ending on June 30, 2015, thi rty-six and twenty one-
10678-hundredths percent (36.20%),
10679-d. for the year beginning July 1, 2015, through the year
10680-ending on June 30, 2019, thirty-six and twenty one-
10681-hundredths percent (36.20%), but in no event shall the
10682-amount apportioned in any fiscal year pur suant to this
10683-subparagraph exceed the total amount apportioned for
10684-the fiscal year ending on June 30, 2015. Any amounts
10685-in excess of such limi tation shall be placed to the
10686-credit of the General Revenue Fund, and
10687-e. for the year beginning July 1, 2019, and all
10688-subsequent years, thirty -six and twenty one-hundredths
10689-percent (36.20%), but in no event shall the amount
10690-apportioned in any fiscal year p ursuant to this
10691-subparagraph exceed the total amount apportioned for
10692-the fiscal year ending on June 30, 2015 . Any amounts
10693-in excess of such limi tation shall be placed to the
10694-credit of the Rebuilding Oklahoma Access and Driver
10695-
10696-Req. No. 2200 Page 215 1
10697-2
10698-3
10699-4
10700-5
10701-6
10702-7
10703-8
10704-9
10705-10
10706-11
10707-12
10708-13
10709-14
10710-15
10711-16
10712-17
10713-18
10714-19
10715-20
10716-21
10717-22
10718-23
10719-24
10720-
10721-Safety Fund created in Sectio n 1521 of Title 69 of the
10722-Oklahoma Statutes.
10723-2. The monies apportioned pursuant to subparagraphs a through e
10724-of paragraph 1 of this subsection s hall be apportioned to the
10725-various school districts so that each district shall receive an
10726-amount based upon th e proportion that each district ’s average daily
10727-attendance bears to the total average daily attendance of those
10728-districts entitled to receive fun ds pursuant to this section as
10729-certified by the State Department of Education.
10730-Each district’s allocation of funds shall be remitted to the
10731-county treasurer of the county wherein the administrative
10732-headquarters of the distri ct are located.
10733-No district shall be eligible for the funds herein provided
10734-unless the district makes an ad valorem tax le vy of fifteen (15)
10735-mills and maintains nine (9) years of instruction and pursuant to
10736-the rules of the State Board of Education, is aut horized to maintain
10737-ten (10) years of instruction.
10738-C. The following percentages of the monies referred to in
10739-subsection A of this section shal l be remitted to the State
10740-Treasurer to be credited to the General Revenue Fund of the State
10741-Treasury:
10742-1. From October 1, 2000, until June 30, 2 001, forty-five and
10743-ninety-seven one-hundredths percent (45.97%);
10744-
10745-Req. No. 2200 Page 216 1
10746-2
10747-3
10748-4
10749-5
10750-6
10751-7
10752-8
10753-9
10754-10
10755-11
10756-12
10757-13
10758-14
10759-15
10760-16
10761-17
10762-18
10763-19
10764-20
10765-21
10766-22
10767-23
10768-24
10769-
10770-2. For the year beginni ng July 1, 2001, and ending June 30,
10771-2002, forty-five and twenty-nine one-hundredths percent (45.29%);
10772-3. For the year beginning July 1, 2002, and for the subsequent
10773-fiscal years ending June 30, 2007, forty -four and eighty-four one-
10774-hundredths percent (44. 84%);
10775-4. For the year beginning July 1, 2007, and en ding June 30,
10776-2008, thirty-nine and eighty-four one-hundredths percent (39.84%);
10777-5. For the year beginning July 1, 2008, and ending June 30,
10778-2009, thirty-four and eighty-four one-hundredths percent (34. 84%);
10779-6. For the period beginning July 1, 2009, and ending December
10780-31, 2012, twenty-nine and eighty-four one-hundredths percent
10781-(29.84%);
10782-7. For the period beginni ng January 1, 2013, and ending June
10783-30, 2013, twenty-nine and thirty-four one-hundredths percent
10784-(29.34%);
10785-8. For the year beginning July 1, 2 013, and ending June 30,
10786-2014, twenty-six and eighty-four one-hundredths percent (26.84%);
10787-and
10788-9. For the year beginning July 1, 2014, through the year end ing
10789-June 30, 2019, twenty-four and eighty-four one-hundredths percent
10790-(24.84%).
10791-D. The following percentages of the monies referred to in
10792-subsection A of this section shall be remi tted to the State
10793-Treasurer to be credited to the State Transportation Fund :
10794-
10795-Req. No. 2200 Page 217 1
10796-2
10797-3
10798-4
10799-5
10800-6
10801-7
10802-8
10803-9
10804-10
10805-11
10806-12
10807-13
10808-14
10809-15
10810-16
10811-17
10812-18
10813-19
10814-20
10815-21
10816-22
10817-23
10818-24
10819-
10820-1. From October 1, 2000, until June 30, 2001 , thirty one-
10821-hundredths percent (0.30%);
10822-2. For the year beginning July 1, 2001, through the year ending
10823-on June 30, 2015, thirty -one one-hundredths percent (0.3 1%);
10824-3. For the year beginning July 1, 2015, t hrough the year ending
10825-on June 30, 2019, thirty -one one-hundredths percent (0.31%), but in
10826-no event shall the amount apportioned in any fiscal year pursuant to
10827-this paragraph exceed the total amount apportion ed for the fiscal
10828-year ending on June 30, 2015 . Any amounts in excess of such
10829-limitation shall be placed to the cre dit of the General Revenue
10830-Fund; and
10831-4. For the year beginning July 1, 2019, and all subsequent
10832-years, thirty-one one-hundredths percent ( 0.31%), but in no event
10833-shall the amount apportio ned in any fiscal year pursuant to this
10834-paragraph exceed the total a mount apportioned for the fiscal year
10835-ending on June 30, 2015. Any amounts in excess of such limitation
10836-shall be placed to the credit of t he Rebuilding Oklahoma Access and
10837-Driver Safety Fund created in Section 1521 of Title 69 of the
10838-Oklahoma Statutes.
10839-E. 1. The following percentages of the monies referred to in
10840-subsection A of this section shall be apportioned to the various
10841-counties as set forth in paragraph 2 of this subsection:
10842-a. from October 1, 2000, until June 30, 2001, seven and
10843-nine one-hundredths percent (7.09%),
10844-
10845-Req. No. 2200 Page 218 1
10846-2
10847-3
10848-4
10849-5
10850-6
10851-7
10852-8
10853-9
10854-10
10855-11
10856-12
10857-13
10858-14
10859-15
10860-16
10861-17
10862-18
10863-19
10864-20
10865-21
10866-22
10867-23
10868-24
10869-
10870-b. for the year beginning July 1, 2001, and ending June
10871-30, 2002, seven and eighteen one-hundredths percent
10872-(7.18%),
10873-c. for the year beginning July 1, 2002, thr ough the year
10874-ending on June 30, 2015, seven and twenty -four one-
10875-hundredths percent (7.24%),
10876-d. for the year beginning July 1, 2015, through the year
10877-ending on June 30, 2019, seven and twenty-four one-
10878-hundredths percent (7.24%), but in no event shall the
10879-amount apportioned in an y fiscal year pursuant to this
10880-subparagraph exceed th e total amount apportioned for
10881-the fiscal year ending on June 30, 2015. Any amounts
10882-in excess of such li mitation shall be pla ced to the
10883-credit of the General Revenue Fund, and
10884-e. for the year beginning July 1, 2019, and all
10885-subsequent years, seven and twe nty-four one-hundredths
10886-percent (7.24%), but in no event shall the amount
10887-apportioned in any fiscal year pursuant to this
10888-subparagraph exceed the total amount apportioned for
10889-the fiscal year ending on Ju ne 30, 2015. Any amounts
10890-in excess of such limitatio n shall be placed to the
10891-credit of the Rebuilding Oklahoma Access and Driver
10892-Safety Fund created in Secti on 1521 of Title 69 of the
10893-Oklahoma Statutes.
10894-
10895-Req. No. 2200 Page 219 1
10896-2
10897-3
10898-4
10899-5
10900-6
10901-7
10902-8
10903-9
10904-10
10905-11
10906-12
10907-13
10908-14
10909-15
10910-16
10911-17
10912-18
10913-19
10914-20
10915-21
10916-22
10917-23
10918-24
10919-
10920-2. The monies apportioned pu rsuant to subparagraphs a through e
10921-of paragraph 1 of this subsection shall be apportioned as follows:
10922-forty percent (40%) of such sum shall be distributed to the various
10923-counties in that proportion which the county road mileage of each
10924-county bears to the entire state road mile age as certified by the
10925-Transportation Commission and the remaining sixty percent (60 %) of
10926-such sum shall be distributed to the various counties on the basis
10927-which the population and area of each county bears to the total
10928-population and area of the state . The population shall be as show n
10929-by the last Federal Decennial Census or the most recent annual
10930-estimate provided by the United States Bureau of the Census. The
10931-funds shall be used for the purpose of constructing and maintaining
10932-county highways; provided, however, the county treasurer may deposi t
10933-so much of the funds in the sinking fund as may be necessary for the
10934-retirement of interest and annual accrual of indebtedne ss created by
10935-the issuance of county or township bonds for road purposes . Such
10936-deposits to the sinking fund shall not exceed fort y percent (40%) of
10937-the funds allocated to a county pursuant to this paragraph.
10938-F. 1. The following percentages of the monies referred to in
10939-subsection A of this section shall be remitted to the count y
10940-treasurers of the respective counties and by them dep osited in a
10941-separate special revenue fund to be used by the county commissioners
10942-in accordance with paragraph 2 of this subsec tion:
10943-
10944-Req. No. 2200 Page 220 1
10945-2
10946-3
10947-4
10948-5
10949-6
10950-7
10951-8
10952-9
10953-10
10954-11
10955-12
10956-13
10957-14
10958-15
10959-16
10960-17
10961-18
10962-19
10963-20
10964-21
10965-22
10966-23
10967-24
10968-
10969-a. from October 1, 2000, until June 30, 2001, two and
10970-fifty-three one-hundredths percent (2.53%),
10971-b. for the year beginning July 1, 2001, and end ing June
10972-30, 2002, two and fifty-six one-hundredths percent
10973-(2.56%),
10974-c. for the year beginning July 1, 20 02, through the year
10975-ending on June 30, 2015, two and fifty-nine one-
10976-hundredths percent (2.59%),
10977-d. for the year beginning July 1, 2015, through the ye ar
10978-ending on June 30, 2019, two and fifty-nine one-
10979-hundredths percent (2.59%), but in no event shall the
10980-amount apportioned in any fiscal year pursuant to this
10981-subparagraph exceed the total amount apportioned for
10982-the fiscal year ending on June 30, 2015. Any amounts
10983-in excess of such limitation shall be placed to the
10984-credit of the General Revenue Fund, and
10985-e. for the year beginning July 1, 2019, and all
10986-subsequent years, two and fif ty-nine one-hundredths
10987-percent (2.59%), but in no event shall the amount
10988-apportioned in any fiscal year pursuant to this
10989-subparagraph exceed the total amount apportioned for
10990-the fiscal year ending on June 30, 2015. Any amounts
10991-in excess of such limitation shall be placed to the
10992-credit of the Rebuilding Oklaho ma Access and Driver
10993-
10994-Req. No. 2200 Page 221 1
10995-2
10996-3
10997-4
10998-5
10999-6
11000-7
11001-8
11002-9
11003-10
11004-11
11005-12
11006-13
11007-14
11008-15
11009-16
11010-17
11011-18
11012-19
11013-20
11014-21
11015-22
11016-23
11017-24
11018-
11019-Safety Fund created in Section 1521 of Title 69 of the
11020-Oklahoma Statutes.
11021-2. The monies apportioned purs uant to subparagraphs a through e
11022-of paragraph 1 of this subsection shall b e used for the primary
11023-purpose of matching federal fund s for the constructio n of federal
11024-aid projects on county roads, or constructing and maintaining county
11025-or township highways an d permanent bridges of such counties. The
11026-distribution of monies apportion ed by this paragraph shall be made
11027-upon the basis of th e current formula bas ed upon road mileage, area
11028-and population as related to county road improvement and maintenance
11029-costs. Provided, however, the Department of Transportation may
11030-update the formula f actors from time to time as necessary to account
11031-for changing conditions.
11032-G. 1. The following percentages of the monies referred to in
11033-subsection A of this section shall be transm itted by the Tax
11034-Commission to the various counties as set forth in paragra ph 2 of
11035-this subsection:
11036-a. from October 1, 2000, until June 30, 2001, three and
11037-fifty-five one-hundredths percent (3.55%),
11038-b. for the year beginning July 1, 2001, and ending June
11039-30, 2002, three and fifty-nine one-hundredths percent
11040-(3.59%),
11041-
11042-Req. No. 2200 Page 222 1
11043-2
11044-3
11045-4
11046-5
11047-6
11048-7
11049-8
11050-9
11051-10
11052-11
11053-12
11054-13
11055-14
11056-15
11057-16
11058-17
11059-18
11060-19
11061-20
11062-21
11063-22
11064-23
11065-24
11066-
11067-c. for the year beginning July 1, 2002, through the year
11068-ending on June 30, 2015, three a nd sixty-two one-
11069-hundredths percent (3.62%),
11070-d. for the year beginning July 1, 2015, through the year
11071-ending on June 30, 2019, three and sixty-two one-
11072-hundredths percent (3.62%), b ut in no event shall the
11073-amount apportioned in any fisc al year pursuant to t his
11074-subparagraph exceed the total amount apportioned for
11075-the fiscal year ending on June 30, 2015. Any amounts
11076-in excess of such limitation shall be placed to the
11077-credit of the General Revenue Fund, and
11078-e. for the year beginning July 1 , 2019, and all
11079-subsequent years, three and sixty-two one-hundredths
11080-percent (3.62%), but in no event shall the amount
11081-apportioned in any fiscal year pursuant to this
11082-subparagraph exceed the total amou nt apportioned for
11083-the fiscal year ending on June 30, 2 015. Any amounts
11084-in excess of such limitation shall be placed to the
11085-credit of the Rebuilding Oklahoma Access and Driver
11086-Safety Fund created in Section 1521 of Title 69 of the
11087-Oklahoma Statutes.
11088-2. The monies apportioned pursuant to subparagraphs a throu gh e
11089-of paragraph 1 of this subsection shall be transmitted to the
11090-various counties on the basis of a formula to be developed by the
11091-
11092-Req. No. 2200 Page 223 1
11093-2
11094-3
11095-4
11096-5
11097-6
11098-7
11099-8
11100-9
11101-10
11102-11
11103-12
11104-13
11105-14
11106-15
11107-16
11108-17
11109-18
11110-19
11111-20
11112-21
11113-22
11114-23
11115-24
11116-
11117-Department of Transportation. Such formula shall be similar to that
11118-currently used for the distribution of County Bridge P rogram Funds
11119-funds, but also taking into consideration the effect of terrain and
11120-traffic volume as related to county road improvemen t and maintenance
11121-costs. Provided, however, the Department of Transportati on may
11122-update the formula factors from time to ti me as necessary to account
11123-for changing conditions. The funds shall be transmitted to th e
11124-various county treasurers to be deposited in the county highway fund
11125-of their respective counties.
11126-H. 1. The following percentages of the monies referred to in
11127-subsection A of this section s hall be apportioned to the various
11128-counties as set forth in pa ragraph 2 of this subsection:
11129-a. from October 1, 2000, until June 30, 2001, eighty-one
11130-one-hundredths percent (0.81%),
11131-b. for the year beginning July 1, 2001, and endi ng June
11132-30, 2002, eighty-two one-hundredths percent (0.82%),
11133-c. for the year beginning Ju ly 1, 2002, through the year
11134-ending on June 30, 2015, eighty-three one-hundredths
11135-percent (0.83%),
11136-d. for the year beginning July 1, 2015, through the year
11137-ending on June 30, 2019, eighty-three one-hundredths
11138-percent (0.83%), but in no event shall the amou nt
11139-apportioned in any fiscal year pursuant to this
11140-subparagraph exceed the total amount apportioned for
11141-
11142-Req. No. 2200 Page 224 1
11143-2
11144-3
11145-4
11146-5
11147-6
11148-7
11149-8
11150-9
11151-10
11152-11
11153-12
11154-13
11155-14
11156-15
11157-16
11158-17
11159-18
11160-19
11161-20
11162-21
11163-22
11164-23
11165-24
11166-
11167-the fiscal year ending on June 30, 2015. Any amounts
11168-in excess of such limitation shall b e placed to the
11169-credit of the General Revenue Fund, and
11170-e. for the year beginning July 1, 2019, and all
11171-subsequent years, eighty-three one-hundredths percent
11172-(0.83%), but in no eve nt shall the amount apportioned
11173-in any fiscal year pursuant to this subparag raph
11174-exceed the total amount apportioned for the fiscal
11175-year ending on June 30, 2015. Any amounts in excess
11176-of such limitation shall be placed to the credit of
11177-the Rebuilding Oklahoma Access and Driver Safety Fund
11178-created in Section 1521 of Title 69 of th e Oklahoma
11179-Statutes.
11180-2. The monies apportioned pursuant to su bparagraphs a through e
11181-of paragraph 1 of this subsection shall be apportioned to the
11182-various counties based upon the proportion that each county’s
11183-population bears to the total state population .
11184-Each county’s allocation of funds shall be remitted to the
11185-various county treasurers to be deposited in the general fund of the
11186-county and used for the support of county governme nt.
11187-I. 1. The following percentages of the moni es referred to in
11188-subsection A of this section shall be apportioned to the various
11189-cities and incorporated towns as set forth in paragraph 2 of this
11190-subsection:
11191-
11192-Req. No. 2200 Page 225 1
11193-2
11194-3
11195-4
11196-5
11197-6
11198-7
11199-8
11200-9
11201-10
11202-11
11203-12
11204-13
11205-14
11206-15
11207-16
11208-17
11209-18
11210-19
11211-20
11212-21
11213-22
11214-23
11215-24
11216-
11217-a. from October 1, 2000, until June 30, 2001, three and
11218-four one-hundredths percent (3.04%),
11219-b. for the year beginning Jul y 1, 2001, and ending June
11220-30, 2002, three and eight one-hundredths percent
11221-(3.08%),
11222-c. for the year beginning July 1, 2002, through the year
11223-ending on June 30, 2015, three and ten one-hundredths
11224-percent (3.10%),
11225-d. for the year beginning July 1, 2015, thr ough the year
11226-ending on June 30, 2019, three and ten one-hundredths
11227-percent (3.10%), but in no event shall the amount
11228-apportioned in any fiscal year pursuant to this
11229-subparagraph exceed the total amount apportioned for
11230-the fiscal year ending on June 30, 20 15. Any amounts
11231-in excess of such limitation shall be placed to the
11232-credit of the General Revenue Fund, and
11233-e. for the year beginning July 1, 2019, and all
11234-subsequent years, three and ten one-hundredths percent
11235-(3.10%), but in no event shall the amount ap portioned
11236-in any fiscal year pursuant to this subparagraph
11237-exceed the total amount apportioned for the fiscal
11238-year ending on June 30, 2015. Any amounts in excess
11239-of such limitation shall be placed to the credit of
11240-the Rebuilding Oklahoma Access and Driver Safety Fund
11241-
11242-Req. No. 2200 Page 226 1
11243-2
11244-3
11245-4
11246-5
11247-6
11248-7
11249-8
11250-9
11251-10
11252-11
11253-12
11254-13
11255-14
11256-15
11257-16
11258-17
11259-18
11260-19
11261-20
11262-21
11263-22
11264-23
11265-24
11266-
11267-created in Section 1521 of Title 69 of the Oklaho ma
11268-Statutes.
11269-2. The monies apportioned pursuant to subparagraphs a through e
11270-of paragraph 1 of this subsection shall be apportioned to the
11271-various cities and incorpor ated towns based upon the p roportion that
11272-each city or incorporated town’s population bears to the total
11273-population of all cities and incorporated towns in the state. Such
11274-funds shall be remitted to the var ious county treasurers for
11275-allocation to the vari ous cities and incorporated towns. All such
11276-funds shall be used for the construction, ma intenance, repair,
11277-improvement and lighting of streets and alleys. Provided, however,
11278-the governing board of any city or town may, with the approval of
11279-the county excise board, transfer any sur plus funds to the general
11280-revenue fund of such city or town wh enever an emergency requires
11281-such a transfer.
11282-J. The following percentages of the monies referred to in
11283-subsection A of this section shall be remitted to the State
11284-Treasurer to be credited to t he Oklahoma Law Enforcement Retirement
11285-Fund:
11286-1. From October 1, 2000, until June 30, 2001, one and twenty-
11287-two one-hundredths percent (1.22%);
11288-2. For the year beginning July 1, 20 01, and ending June 30,
11289-2002, one and twenty -three one-hundredths percent (1 .23%); and
11290-
11291-Req. No. 2200 Page 227 1
11292-2
11293-3
11294-4
11295-5
11296-6
11297-7
11298-8
11299-9
11300-10
11301-11
11302-12
11303-13
11304-14
11305-15
11306-16
11307-17
11308-18
11309-19
11310-20
11311-21
11312-22
11313-23
11314-24
11315-
11316-3. For the year beginning July 1, 2002, and all su bsequent
11317-years, one and twenty-four one-hundredths percent (1.24%).
11318-K. Three one-hundredths of one percent (3/100 of 1%) of the
11319-monies referred to in subsection A of this section shall be remit ted
11320-to the State Treasurer to be credited to the Wildlife Cons ervation
11321-Fund. Seventy-five percent (75%) of the funds shall be us ed for
11322-fish habitat restoration and twenty -five percent (25%) of the funds
11323-shall be used in the fish hatchery system for fish p roduction.
11324-L. 1. For the year beginning July 1, 2007, and en ding June 30,
11325-2008, five percent (5%) of monies referred to in subs ection A of
11326-this section shall be remitted to the S tate Treasurer to be credited
11327-to the County Improvements for Roads and Bridg es Fund as created in
11328-Section 507 of Title 69 of the Oklahoma Statutes.
11329-2. For the year beginning July 1, 2008, and ending June 30,
11330-2009, ten percent (10%) of monies referred to i n subsection A of
11331-this section shall be remitted to the State Treasurer to b e credited
11332-to the County Improvements for Roads and Bridges Fu nd as created in
11333-Section 507 of Title 69 of the Oklahoma Statutes.
11334-3. For the period beginning July 1, 2009, and endi ng December
11335-31, 2012, fifteen percent (15%) of mo nies referred to in subsect ion
11336-A of this section shall be remitted to the State Treasurer to be
11337-credited to the County Improvements for Roads and Bridges Fu nd as
11338-created in Section 507 of Title 69 of the Okl ahoma Statutes.
11339-
11340-Req. No. 2200 Page 228 1
11341-2
11342-3
11343-4
11344-5
11345-6
11346-7
11347-8
11348-9
11349-10
11350-11
11351-12
11352-13
11353-14
11354-15
11355-16
11356-17
11357-18
11358-19
11359-20
11360-21
11361-22
11362-23
11363-24
11364-
11365-4. For the period beginning Janu ary 1, 2013, and ending Jun e
11366-30, 2013, fifteen and fifty one-hundredths percent (15.50%) of
11367-monies referred to in subsection A of this section shall be remi tted
11368-to the State Treasurer to be credited to the C ounty Improvements for
11369-Roads and Bridges Fund as created in Section 507 of T itle 69 of the
11370-Oklahoma Statutes.
11371-5. For the year beginning J uly 1, 2013, and ending June 30,
11372-2014, eighteen percent (18%) of mo nies referred to in subsection A
11373-of this section shall be remitted to the State Treasurer to be
11374-credited to the County Improvem ents for Roads and Bridges Fund as
11375-created in Section 507 of T itle 69 of the Oklahoma Statutes.
11376-6. For the year beginning July 1 , 2014, twenty percent (20%) of
11377-monies referred to in subsection A of this section shall be remitted
11378-to the State Treasurer to be credited to the County Improvements for
11379-Roads and Bridges Fund as created in Section 507 of Title 69 of the
11380-Oklahoma Statutes.
11381-7. For the year beginning July 1, 2015, through t he year ending
11382-on June 30, 2019, twenty percent ( 20%) of monies referred to in
11383-subsection A of this section shall be remitted to the State
11384-Treasurer to be credited to the County Improvements for Roads and
11385-Bridges Fund as created in Section 507 of Title 69 of the Oklahoma
11386-Statutes, but in no event shall t he total amount apportioned in any
11387-fiscal year pursuant to this paragraph exceed One Hund red Twenty
11388-Million Dollars ($120,000,000.00). Any amounts in exces s of One
11389-
11390-Req. No. 2200 Page 229 1
11391-2
11392-3
11393-4
11394-5
11395-6
11396-7
11397-8
11398-9
11399-10
11400-11
11401-12
11402-13
11403-14
11404-15
11405-16
11406-17
11407-18
11408-19
11409-20
11410-21
11411-22
11412-23
11413-24
11414-
11415-Hundred Twenty Million Dollars ($120,000,0 00.00) shall be placed to
11416-the credit of the Gener al Revenue Fund.
11417-8. a. Except as provided in subparagraph b of this
11418-paragraph, for the year beginning July 1, 2019, and
11419-all subsequent years, twenty percent (20%) of monies
11420-referred to in subsection A of thi s section shall be
11421-remitted to the State Treasure r to be credited to the
11422-County Improvements for Roads and Bridges Fund as
11423-created in Section 507 of Title 69 of the Oklahoma
11424-Statutes, but in no event shall the total amount
11425-apportioned in any fiscal year pu rsuant to this
11426-paragraph exceed the fiscal year limitations provided
11427-in subparagraph c of this paragraph. Any amounts in
11428-excess of the fiscal year limitations provided in
11429-subparagraph c of this paragraph shall be placed to
11430-the credit of the Rebuilding Oklahoma A ccess and
11431-Driver Safety Fund created in Section 1521 of Title 69
11432-of the Oklahoma Statutes,
11433-b. (1) for the fiscal year beginning July 1, 2021,
11434-through the fiscal year ending June 30, 2026, the
11435-Oklahoma Tax Commission shall remit twenty-five
11436-percent (25%) of the monthly allocation,
11437-otherwise scheduled to be credited to the County
11438-Improvements for Roads and Bridges Fund, to the
11439-
11440-Req. No. 2200 Page 230 1
11441-2
11442-3
11443-4
11444-5
11445-6
11446-7
11447-8
11448-9
11449-10
11450-11
11451-12
11452-13
11453-14
11454-15
11455-16
11456-17
11457-18
11458-19
11459-20
11460-21
11461-22
11462-23
11463-24
11464-
11465-various counties of the state. The Commission
11466-shall distribute such funds m onthly to each
11467-county treasurer as follows:
11468-(a) one-third (1/3) of such funds shall be
11469-distributed to the various counties in the
11470-proportion which the area of each county
11471-bears to the total area of the state,
11472-(b) one-third (1/3) of such funds shall be
11473-distributed to the various counties in the
11474-proportion which the certified county road
11475-miles of each county bear to the total sum
11476-of county road miles in the state, and
11477-(c) one-third (1/3) of such funds shall be
11478-distributed to the various counties in the
11479-proportion which the total replacement cost
11480-for obsolete or deficient bridges according
11481-to the most recent ODOT yearly Bridge
11482-Summary Report for County Bridges for each
11483-county bears to the total amount of such
11484-cost for all such county bridges in the
11485-state, and
11486-(2) for the fiscal year beginning July 1, 2026, and
11487-all subsequent fiscal years thereafter, the
11488-Oklahoma Tax Commission shall remit twenty-five
11489-
11490-Req. No. 2200 Page 231 1
11491-2
11492-3
11493-4
11494-5
11495-6
11496-7
11497-8
11498-9
11499-10
11500-11
11501-12
11502-13
11503-14
11504-15
11505-16
11506-17
11507-18
11508-19
11509-20
11510-21
11511-22
11512-23
11513-24
11514-
11515-percent (25%) of the monthly allocation,
11516-otherwise scheduled to be credited t o the County
11517-Improvements for Roads and Bridges Fund, to the
11518-various counties of the state . The Commission
11519-shall distribute such funds monthly to each
11520-county treasurer as follows:
11521-(a) one-third (1/3) of such funds shall be
11522-distributed to the various coun ties in the
11523-proportion which the area of each county
11524-bears to the total area of the state,
11525-(b) one-third (1/3) of such funds shall be
11526-distributed to the various counties in the
11527-proportion which the certified county road
11528-miles of each county bear to the total sum
11529-of county road miles in the st ate, and
11530-(c) one-third (1/3) of such funds shall be
11531-distributed to the various counties in the
11532-proportion which the number of county
11533-bridges in each county according to the ODOT
11534-2020 Bridge Summary Report for County
11535-Bridges bears to the total sum of county
11536-bridges in the state according to such
11537-report.
11538-
11539-Req. No. 2200 Page 232 1
11540-2
11541-3
11542-4
11543-5
11544-6
11545-7
11546-8
11547-9
11548-10
11549-11
11550-12
11551-13
11552-14
11553-15
11554-16
11555-17
11556-18
11557-19
11558-20
11559-21
11560-22
11561-23
11562-24
11563-
11564-Each county treasurer shall deposit such funds to the
11565-county’s county highway fund and such funds shall be used
11566-for maintenance and operations . In no event shall the
11567-total amount apportioned in any fiscal ye ar pursuant to the
11568-provisions of subparagraphs a and b of this paragraph
11569-exceed the fiscal year limi tations provided in subparagraph
11570-c of this paragraph, and
11571-c. the total amount apportioned each fiscal year pursuant
11572-to this paragraph shall be limited as follows:
11573-(1) for fiscal years 2020
11574-through 2022 $120,000,000.00,
11575-(2) for fiscal year 2023 $125,000,000.00,
11576-(3) for fiscal year 2024 $130,000,000.00,
11577-(4) for fiscal year 2025 $135,000,000.00,
11578-(5) for fiscal year 2026 $140,000,000.00,
11579-(6) for fiscal year 2027 $145,000,000.00,
11580-(7) for fiscal year 2028 and all
11581-subsequent fiscal years
11582-thereafter $150,000,000.00.
11583-M. Twenty-four and eighty-four one-hundredths percent (24.84%)
11584-of the monies referred to in subsection A of this section shall be
11585-remitted to the State Treasurer to be credited to the Rebuilding
11586-Oklahoma Access and Driver Safety Fund created in Section 1521 of
11587-Title 69 of the Oklahoma Statutes.
11588-
11589-Req. No. 2200 Page 233 1
11590-2
11591-3
11592-4
11593-5
11594-6
11595-7
11596-8
11597-9
11598-10
11599-11
11600-12
11601-13
11602-14
11603-15
11604-16
11605-17
11606-18
11607-19
11608-20
11609-21
11610-22
11611-23
11612-24
11613-
11614-N. Monies allocated to counties by this section may be
11615-estimated by the county excise board in the budget for the county as
11616-anticipated revenue to the extent of ninety percent (90%) of the
11617-previous year’s income from such source; provided, not more than
11618-fifteen percent (15%) can be encumbered during any month.
11619-O. Notwithstanding any other provisions of this section, for
11620-the fiscal year beginning July 1, 2003, the first One Hundred
11621-Thousand Dollars ($100,000.00) o f the monies collected or r eceived
11622-by the Tax Commission pursuant to the registration of motorcycles
11623-and mopeds in this state shall be placed t o the credit of the
11624-Oklahoma Tax Commission Revolving Fund.
11625-SECTION 41. AMENDATORY 47 O. S. 2021, Section 1109, as
11626-amended by Section 121, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
11627-2022, Section 1109), is amended to rea d as follows:
11628-Section 1109. A. All information contained in certificates of
11629-title, applications therefor, vehicle registration records, records
11630-related to boats and motors, and computer data files is hereby
11631-declared to be confidential information and sha ll not be copied by
11632-anyone or disclosed to anyone other than employees of Service
11633-Oklahoma or the Corporation Commission in the regular course of
11634-their employment, except as provided in subsection B of this
11635-section. As used in this section, “personal information” means
11636-information that identifies an individual including name, address
11637-(excluding the five-digit ZIP code) and telepho ne number, but does
11638-
11639-Req. No. 2200 Page 234 1
11640-2
11641-3
11642-4
11643-5
11644-6
11645-7
11646-8
11647-9
11648-10
11649-11
11650-12
11651-13
11652-14
11653-15
11654-16
11655-17
11656-18
11657-19
11658-20
11659-21
11660-22
11661-23
11662-24
11663-
11664-not include information on vehicular accidents, driving violations
11665-and driver’s status.
11666-B. Personal informa tion referred to in subsection A of this
11667-section shall be disclosed for use in connecti on with matters of
11668-motor vehicle or drive r safety and theft, motor vehic le emissions,
11669-motor vehicle product alterations, recalls or advisories, and
11670-removal of non-owner records from the original owner records of
11671-motor vehicle manufacturers to carry out the purpose of Titles I and
11672-IV of the Anti Car Theft Act of 1992, the Autom obile Information
11673-Disclosure Act (15 U.S.C., Section 1231 et seq.), the Clean Air Act
11674-(42 U.S.C., Section 7401 et seq.) and Chapters 301, 305 and 321-331
11675-of Title 49 of the United Stat es Code and may be disclosed as
11676-follows:
11677-1. For use by any governmental agency, including but not
11678-limited to any court or law enforcement agency, in carrying out its
11679-functions, or any private person or entity acting on behalf of a
11680-federal, state or local governmental agency in carrying out its
11681-functions. Information relating to motor vehicle insurance,
11682-including the insurer and insurance policy numbers, may be released
11683-to law enforcement officers investigating an accident pursuant to
11684-the provisions of Sec tion 10-104 of this title;
11685-2. For use by any motor vehicle manufacturer or an authorized
11686-representative thereof in connection with matters of motor vehicle
11687-or driver safety and theft, motor vehicle emissions, motor vehicle
11688-
11689-Req. No. 2200 Page 235 1
11690-2
11691-3
11692-4
11693-5
11694-6
11695-7
11696-8
11697-9
11698-10
11699-11
11700-12
11701-13
11702-14
11703-15
11704-16
11705-17
11706-18
11707-19
11708-20
11709-21
11710-22
11711-23
11712-24
11713-
11714-product alterations, recalls or advisories, performance monitoring
11715-of motor vehicles, motor vehicle part s and dealers, motor vehicle
11716-market research activities, including survey research, and removal
11717-of non-owner records from the original owner records of motor
11718-vehicle manufacturers. Th e confidentiality of the information shal l
11719-be protected, as set out abov e, and used only for the purpose
11720-stated; provided, further, that Service Oklahoma or the Corporat ion
11721-Commission shall be authorized to review the use of and the measures
11722-employed to safeguard the information; and provided, fu rther, that
11723-the manufacturer or representative shall bear the cost incurred by
11724-Service Oklahoma or the Corporation Commission in the production of
11725-the information requested. If the confidentiality provisions, as
11726-set out above, are violated, the provisions of subsection D of
11727-Section 205 of Title 68 of the Oklahoma Statutes shall apply and the
11728-privilege of obtaining information shal l be terminated. Any
11729-manufacturer or representative violating the provisions of this
11730-paragraph, upon conviction, shall be punis hable by a fine not to
11731-exceed Fifty Thousand Dollars ($50,000.00);
11732-3. For use by any person compiling and publishing motor vehi cle
11733-statistics, provided that such statistics do not disclose the names
11734-and addresses of individuals. Such information shall be provided
11735-upon payment of a rea sonable fee as determined by Service Oklahoma
11736-or the Corporation Commission;
11737-
11738-Req. No. 2200 Page 236 1
11739-2
11740-3
11741-4
11742-5
11743-6
11744-7
11745-8
11746-9
11747-10
11748-11
11749-12
11750-13
11751-14
11752-15
11753-16
11754-17
11755-18
11756-19
11757-20
11758-21
11759-22
11760-23
11761-24
11762-
11763-4. For use by a wre cker or towing service licensed pursuant to
11764-the provisions of Section 951 et seq. of th is title for use in
11765-providing notice to t he owners and secured parties o f towed or
11766-impounded vehicles, upon payment of a fee of One Dollar ($1.00) per
11767-vehicle record page to Service Oklahoma, the Corporation Commission
11768-or any licensed operator;
11769-5. For use by a legitimate business or its agents, employees,
11770-or contractors for use in the normal course of business, upon
11771-payment of a fee of One Dollar ($1.00) per vehicle reco rd page to
11772-Service Oklahoma, the Corporation Commission or any licensed
11773-operator, but only:
11774-a. to verify the accuracy of persona l information
11775-submitted by the indivi dual to whom the information
11776-pertains to the business or its agents, employees, or
11777-contractors, or
11778-b. to obtain the correct information, if such information
11779-submitted by the individual to whom the information
11780-pertains to the business is not correct, or is no
11781-longer correct, but only for the purposes of
11782-preventing fraud by, pursuing legal remedie s against,
11783-or recovering on a debt or security interest against
11784-the individual;
11785-6. For use in connection with any civil, crimin al,
11786-administrative or arbitral procee ding in any federal, state or local
11787-
11788-Req. No. 2200 Page 237 1
11789-2
11790-3
11791-4
11792-5
11793-6
11794-7
11795-8
11796-9
11797-10
11798-11
11799-12
11800-13
11801-14
11802-15
11803-16
11804-17
11805-18
11806-19
11807-20
11808-21
11809-22
11810-23
11811-24
11812-
11813-court or agency or before any self -regulatory body, inc luding the
11814-service of process, investigation in anticipation of litigation, and
11815-the execution or enforcement of judgments and or ders, or pursuant to
11816-an order of a federal, state or local court, upon payment of a fee
11817-of One Dollar ($1.00) per vehicle record page to Service Oklahoma,
11818-the Corporation Commission or any licensed operator;
11819-7. For use by any insurer or insurance support organization, or
11820-by a self-insured entity, or its agents, employees, or contractors,
11821-in connection with claims investigation act ivities, anti-fraud
11822-activities, rating or underwriting, upon payment of a fee of O ne
11823-Dollar ($1.00) per vehicle record page to S ervice Oklahoma, the
11824-Corporation Commission or any licensed operator;
11825-8. For use by any licensed private investigative agency o r
11826-licensed security service for any purpose permitted under this
11827-subsection, upon payment of a fee of One Dollar ($1.00) per veh icle
11828-record page to Service Oklahoma, the Corporation Commission or any
11829-licensed operator;
11830-9. For use by a requester, upon paym ent of a fee of One Dollar
11831-($1.00) per vehicle record page to Service Oklahoma, the Corporation
11832-Commission or any licensed opera tor, if the requester demonstrates
11833-that it has obtained the written consent of the individual to whom
11834-the information pertains;
11835-10. For use in connection with the operation of private toll
11836-transportation facilities; or
11837-
11838-Req. No. 2200 Page 238 1
11839-2
11840-3
11841-4
11842-5
11843-6
11844-7
11845-8
11846-9
11847-10
11848-11
11849-12
11850-13
11851-14
11852-15
11853-16
11854-17
11855-18
11856-19
11857-20
11858-21
11859-22
11860-23
11861-24
11862-
11863-11. For furnishing the name and add ress of all commercial
11864-entities who have current registrations of any particular model of
11865-vehicle; provided, this exception shal l not allow the release of
11866-personal information pursuant to the provisions of the Driver’s
11867-Privacy Protection Act, 18 U.S.C., Se ctions 2721 through 2725.
11868-Service Oklahoma shall collect a reasonable fee to recover the
11869-costs of providing the data. As used i n this section, the term
11870-“vehicle record page” means a computer-generated printout of the
11871-motor vehicle inquiry screen. Informa tion provided on the motor
11872-vehicle inquiry screen printout shall include the current vehicle
11873-owner name and address, vehicle mak e, model and year, identifying
11874-numbers for the vehicle license plate, certifi cate of title and
11875-vehicle identification number, re levant dates relating to the
11876-vehicle registration and certificate of title, lienholder
11877-information and lien status.
11878-C. In addition to the information provided on the vehicle
11879-record page, Service Oklahoma or the Corporation Commission may,
11880-upon written request, release to any requester author ized by the
11881-provisions of this section to obtain individual motor vehicle
11882-information, corresponding copies of vehicle certificates of title,
11883-applications therefor, ve hicle registration records and computer
11884-data files.
11885-There shall be an informational sear ch and retrieval fee of Five
11886-Dollars ($5.00) per vehicle computer record search. If Servic e
11887-
11888-Req. No. 2200 Page 239 1
11889-2
11890-3
11891-4
11892-5
11893-6
11894-7
11895-8
11896-9
11897-10
11898-11
11899-12
11900-13
11901-14
11902-15
11903-16
11904-17
11905-18
11906-19
11907-20
11908-21
11909-22
11910-23
11911-24
11912-
11913-Oklahoma or the Corporation Commission performs a manual search, the
11914-fee shall be Seven Dollars and fifty cents ($7.50) per veh icle.
11915-Service Oklahoma is authorize d to promulgate rules whereby licensed
11916-operators, when requesting such documentation in the performance of
11917-their duties, are exempt from this retrieval fee. Certified copies
11918-of vehicle certificates of title and applicat ions therefor shall be
11919-included within the informational search and retrieval by Service
11920-Oklahoma or the Corporation Commission for a fee of Ten Dollars
11921-($10.00). Such duly certified copies may be recei ved in evidence
11922-with the same effect as the original when the original is not in the
11923-possession or under the control of the party desiring to use the
11924-same.
11925-D. Requesters authoriz ed by this section to receive information
11926-shall submit to Service Oklahoma, the Corporation Commission or any
11927-licensed operator an affidavit supported by such docume ntation as
11928-Service Oklahoma or the Corporation Commission may require, on a
11929-form prescribed by Service Oklahoma or the Corporation Commission
11930-certifying that the infor mation is requested for a lawful and
11931-legitimate purpose and will not be further dissemina ted.
11932-E. Notwithstanding the foregoing, Service Oklahoma or the
11933-Corporation Commission may allow the release of information from its
11934-motor vehicle records upon magnet ic tape consisting only of the
11935-following information:
11936-1. The date of the certificate of title;
11937-
11938-Req. No. 2200 Page 240 1
11939-2
11940-3
11941-4
11942-5
11943-6
11944-7
11945-8
11946-9
11947-10
11948-11
11949-12
11950-13
11951-14
11952-15
11953-16
11954-17
11955-18
11956-19
11957-20
11958-21
11959-22
11960-23
11961-24
11962-
11963-2. The certificate of title number;
11964-3. The type of title issued for the vehicle ;
11965-4. The odometer reading from the certificate of title;
11966-5. The year in which the vehicle was manufactured;
11967-6. The vehicle identifi cation number for the vehicle;
11968-7. The make of the vehicle; and
11969-8. The location in which the vehicle is registered.
11970-Service Oklahoma or the Corporation Commission shall allow the
11971-release of such information upon pa yment of a reasonable fee to be
11972-determined by Service Oklahoma or the Corporation Commission. The
11973-information released as authorized by this subsection may only be
11974-used for purposes of detecting odometer rollback or odometer
11975-tampering, for determining the issuance in this state or any other
11976-state of salvage or rebuilt titles for vehicles or for determining
11977-whether a vehicle has been reported stolen in this st ate or any
11978-other state.
11979-F. Notwithstanding the provisions of this section or of Section
11980-205 of Title 68 of the Oklahoma Statutes, Service O klahoma or the
11981-Corporation Commission may inform a secured party that taxes and
11982-fees are delinquent with respect to a vehicle upon which the secured
11983-party has a perfected lien.
11984-G. Fees received by a licensed operat or pursuant to the
11985-provisions of this sec tion shall not be included in the maximum sum
11986-
11987-Req. No. 2200 Page 241 1
11988-2
11989-3
11990-4
11991-5
11992-6
11993-7
11994-8
11995-9
11996-10
11997-11
11998-12
11999-13
12000-14
12001-15
12002-16
12003-17
12004-18
12005-19
12006-20
12007-21
12008-22
12009-23
12010-24
12011-
12012-that may be retained by licensed operators as compensation pursuant
12013-to the provisions of Section 1143 of this title.
12014-H. All funds collected by the Tax Commission pursua nt to the
12015-provisions of this section shal l be deposited in the Oklahoma Tax
12016-Commission Revolving Fund. Beginning January 1, 2023, all funds
12017-collected by Service Oklahoma pursuant to the provisions of this
12018-section shall be deposited in the Service Oklahoma Revolving Fund.
12019-All funds collected by the Corporation Commission pursuant to the
12020-provisions of this section shall be apportioned as provided in
12021-subsection C of Section 1161 of this title.
12022-I. It is further provided that the provisions of this section
12023-shall be strictly interpreted and shall not be construed as
12024-permitting the disclosure of any other information contained in the
12025-files and records of Servic e Oklahoma or the Corporation Commission.
12026-J. It shall be unlawful for any person to commit any of the
12027-following acts:
12028-1. To knowingly obtain o r disclose personal information from a
12029-motor vehicle record for any use not expressly permitted by this
12030-section; or
12031-2. To make false representation to obtain any personal
12032-information from an individual’s motor vehicle record.
12033-Any violation of the provisio ns of this section shall constitute
12034-a misdemeanor and shall be punishable by the imposition of a fine
12035-not exceeding One Thousand Dollars ($1,000.00), or by imprisonment
12036-
12037-Req. No. 2200 Page 242 1
12038-2
12039-3
12040-4
12041-5
12042-6
12043-7
12044-8
12045-9
12046-10
12047-11
12048-12
12049-13
12050-14
12051-15
12052-16
12053-17
12054-18
12055-19
12056-20
12057-21
12058-22
12059-23
12060-24
12061-
12062-in the county jail for a term not exceeding on e (1) year, or by both
12063-such fine and imprisonment. Where applicable, a person convicted of
12064-a violation of the provisions of this section shall be re moved or
12065-dismissed from office or state employment. No liability whatsoever,
12066-civil or criminal, shall atta ch to any member or employee of Service
12067-Oklahoma or the Corporation Commission for any error or omission in
12068-the disclosure of such information.
12069-SECTION 42. AMENDATORY 47 O.S. 2021, Sect ion 1135.5, as
12070-last amended by Section 23 of Enrolled Senate Bill No. 782 of the
12071-1st Session of the 59th Oklahoma Legislature (47 O.S. Supp. 2022,
12072-Section 1135.5), is amended to read as follows:
12073-Section 1135.5. A. Service Oklahoma is hereby authorized to
12074-design and issue appropriate official special license plates to
12075-persons wishing to demonstrate support and provide financial
12076-assistance as provided by this section.
12077-Special license plates shall not be transferred t o any other
12078-person but shall be removed from the vehicle up on transfer of
12079-ownership and retained. The special license plate may then be used
12080-on another vehicle but only after such other vehicle has been
12081-registered for the current year with a licensed oper ator.
12082-Special license plates shall be renewed each year by Service
12083-Oklahoma or a licensed operator, unl ess authorized by Service
12084-Oklahoma to be renewed for a period greater than one (1) year.
12085-Service Oklahoma shall notify by mail all persons issued specia l
12086-
12087-Req. No. 2200 Page 243 1
12088-2
12089-3
12090-4
12091-5
12092-6
12093-7
12094-8
12095-9
12096-10
12097-11
12098-12
12099-13
12100-14
12101-15
12102-16
12103-17
12104-18
12105-19
12106-20
12107-21
12108-22
12109-23
12110-24
12111-
12112-license plates. The notice shall contain all necessary i nformation
12113-and shall contain instructions fo r the renewal procedure upon
12114-presentation to a licensed operator or Service Oklahoma. The
12115-license plates shall be issued on a staggered system.
12116-Service Oklahoma is hereby directed to develop and implement a
12117-system whereby licensed operators are permitted to accept
12118-applications for special license plates authorized under this
12119-section. The licensed operator shall confirm the applicant’s
12120-eligibility, if applicable, collect and deposit any amount
12121-specifically authorized by law, accept and process the necessar y
12122-information directly into such system and generate a receipt
12123-accordingly. For performance of these duties, licensed operators
12124-shall retain the fee pro vided in Section 1141.1 of this title for
12125-registration of a motor vehicle. The licensed operator fees for
12126-acceptance of applications and renewals shall be paid out of the Tax
12127-Commission Reimbursement Fund. Beginning January 1, 2023, the
12128-licensed operator fees for acceptance of applications and renewals
12129-shall be paid out of the Service Oklahoma Reimbursement Fund.
12130-If fewer than one hundred fifty of any type of special license
12131-plates authorized prior to January 1, 2004, are issued prior to
12132-January 1, 2006, Service Oklahoma shall di scontinue issuance and
12133-renewal of that type of special license plate. Any such authorized
12134-special license plate registrant shall be allowed to display the
12135-license plate upon the designated vehicle until the registration
12136-
12137-Req. No. 2200 Page 244 1
12138-2
12139-3
12140-4
12141-5
12142-6
12143-7
12144-8
12145-9
12146-10
12147-11
12148-12
12149-13
12150-14
12151-15
12152-16
12153-17
12154-18
12155-19
12156-20
12157-21
12158-22
12159-23
12160-24
12161-
12162-expiration date. After such time t he expired special license plate
12163-shall be removed from the vehicle.
12164-For special license plates authorized on or after July 1, 2004,
12165-no special license plates shall be developed or issued by Service
12166-Oklahoma until Service Oklahom a receives one hundred prepa id
12167-applications therefor. The prep aid applications must be received by
12168-Service Oklahoma within one hundred eighty (180) days of the
12169-effective date of the authorization or the authority to issue shall
12170-be null and void. In the e vent one hundred prepaid app lications are
12171-not received by Servi ce Oklahoma within such prescribed time period
12172-any payment so received shall be refunded accordingly.
12173-B. The special license plates provided by this section are as
12174-follows:
12175-1. University or College Supporter License Pl ate - such plates
12176-shall be designed and issued to any person wishing to demo nstrate
12177-support to any state-supported or private university or college. As
12178-provided in this section, an amount of the fee collected shall be
12179-apportioned as provided in Section 11 04.1 of this title;
12180-2. Environmental Awareness License Plate - such plates shall be
12181-designed, subject to the criteria to be presented to Service
12182-Oklahoma by the Department of Environmental Quality in consultation
12183-with the Oklahoma Arts Council, and issued to any person wishing to
12184-demonstrate support to implement the statewide gen eral public
12185-Environmental Educati on Program created pursuant to the provisions
12186-
12187-Req. No. 2200 Page 245 1
12188-2
12189-3
12190-4
12191-5
12192-6
12193-7
12194-8
12195-9
12196-10
12197-11
12198-12
12199-13
12200-14
12201-15
12202-16
12203-17
12204-18
12205-19
12206-20
12207-21
12208-22
12209-23
12210-24
12211-
12212-of the Oklahoma Environmental Quality Code. Such plates shall be
12213-designed and issued to any person i n any combination of numbers and
12214-letters from one to a maximum of seven, as for personalized license
12215-plates. A dealer’s license plate issued pursuant to Section 1116.1
12216-or 1128 of this title may be designated an Environmental Aware ness
12217-License Plate upon p ayment of the fee imposed by this section and
12218-any other registration fees required by the Oklahoma Vehicle License
12219-and Registration Act. As provided in this section, an amount of the
12220-fee collected shall be apportioned pursuant to Section 1104.2 of
12221-this title;
12222-3. Firefighter License Plate - such plates shall be designed
12223-for any career or retired firefighter, volunteer or paid.
12224-Firefighters may apply for firefighter plates for up to four
12225-vehicles with a rated capacity of one (1) to n or less or for a
12226-motorcycle upon proof of a fire department membershi p by either an
12227-identification card or letter from the chief of the fire department.
12228-Retirees who are eligible for such plates shall provide proof of
12229-eligibility upon initial applicatio n, but shall not be requi red to
12230-provide proof of eligibility annually. The surviving spouse of any
12231-deceased firefighter, if the spouse has not since remarried, may
12232-apply for a firefighter license plate for one vehicle with a rated
12233-carrying capacity of one (1) ton or less or for a motorcycle upon
12234-proof that the deceased firef ighter was a member of a fire
12235-department by either an identification card or letter from the chief
12236-
12237-Req. No. 2200 Page 246 1
12238-2
12239-3
12240-4
12241-5
12242-6
12243-7
12244-8
12245-9
12246-10
12247-11
12248-12
12249-13
12250-14
12251-15
12252-16
12253-17
12254-18
12255-19
12256-20
12257-21
12258-22
12259-23
12260-24
12261-
12262-of the fire department. The license plate shall be designed in
12263-consultation with the Oklahoma State Firefighters Association.
12264-As provided in this sectio n, an amount of the fee collected
12265-shall be deposited to the Oklahoma State Firemen’s Museum Building &
12266-Memorial Fund for support of the Oklahoma State Firefighters Museum
12267-and the Oklahoma Fallen and Living Firefig hters Memorial;
12268-4. Wildlife Conservation Licen se Plate - such plates shall be
12269-designed, subject to the criteria to be presented to Service
12270-Oklahoma by the Department of Wildlife Conservation in consultation
12271-with the Oklahoma Arts Council, and issued to any person wishing to
12272-demonstrate support for wildlife conservation in this state through
12273-the Wildlife Diversity Fund, provided for in Section 3-310 of Title
12274-29 of the Oklahoma Statutes. Such plates may be designed and issued
12275-to any person as for personalized license plates.
12276-As provided in this section, an amount of the fee collected
12277-shall be apportioned pursuant to subsection D of Section 3-310 of
12278-Title 29 of the Oklahoma Statutes;
12279-5. Child Abuse Prevention License Plate - such plates shall be
12280-designed, subject to the criteria to be presented to Service
12281-Oklahoma by the Office of Child Abuse Prevention in the State
12282-Department of Health and the Child Abuse Prevention Action
12283-Committee, and issued to any person wishing to demonstrate support
12284-for the prevention of child abuse.
12285-
12286-Req. No. 2200 Page 247 1
12287-2
12288-3
12289-4
12290-5
12291-6
12292-7
12293-8
12294-9
12295-10
12296-11
12297-12
12298-13
12299-14
12300-15
12301-16
12302-17
12303-18
12304-19
12305-20
12306-21
12307-22
12308-23
12309-24
12310-
12311-As provided in this section, an amount of the fee collected
12312-shall be deposited in the Child Abus e Prevention Fund;
12313-6. United States Olympic and Paralympic Committee Supporter
12314-License Plate - such plates shall be designed and issued to any
12315-person wishing to demonstrate support for the United States Olympic
12316-and Paralympic Committee. The plates shall be issued to any person
12317-in any combination of numbers and letters from one to a maximum of
12318-seven, as for personalized license plates. The plate shall contain
12319-the official United States Olympic and Paralympic Committee logo.
12320-Service Oklahoma shall be auth orized, if necessary, to enter into a
12321-licensing agreement with the United States Olympic and Paralympic
12322-Committee for any licensing fees which may be required in order to
12323-use the United States Olympic and Paralympic Committee logo or
12324-design. The licensing agreement shall provide for a payment of not
12325-more than Twenty-five Dollars ($25.00) for each license plate
12326-issued;
12327-7. Oklahoma History License Plate - such plates shall be
12328-designed and issued to any person wishing to demonstrate interest in
12329-Oklahoma history. As provided in this section, an amount of the fee
12330-collected shall be deposited to the Oklahoma Historical Society
12331-Revolving Fund to be used for educational purposes;
12332-8. Historic Route 66 License Plate - such:
12333-a. vehicle plates shall be designed to honor historic
12334-Route 66, also known as the “Mother Road”. As
12335-
12336-Req. No. 2200 Page 248 1
12337-2
12338-3
12339-4
12340-5
12341-6
12342-7
12343-8
12344-9
12345-10
12346-11
12347-12
12348-13
12349-14
12350-15
12351-16
12352-17
12353-18
12354-19
12355-20
12356-21
12357-22
12358-23
12359-24
12360-
12361-provided in this section, an amount of the fee
12362-collected for each vehicle license plate shall be
12363-apportioned to the Oklahoma Historical Society
12364-Revolving Fund to be distributed to the Oklahoma Route
12365-66 Museum located in Clinton, Oklahoma, and
12366-b. motorcycle plates shall be designed in consultation
12367-with the Oklahoma Route 66 Association, Inc. Service
12368-Oklahoma shall be authorized to enter into a licensing
12369-agreement with the Oklahoma Route 66 Asso ciation,
12370-Inc., for any licensing fees which may be required in
12371-order to use the Oklahoma Route 66 Association, Inc.,
12372-logo or design. The licensing agreement shall provide
12373-for a payment to the Oklahoma Route 66 Association,
12374-Inc., of not more than Twenty Dollars ($20.00) for
12375-each motorcycle license plate issued;
12376-9. Heart of the Heartland License Plate - such plates shall be
12377-designed and issued to any person wishing to honor the victims of
12378-the terrorist bombing attack on the Alfred P. Murrah Federal
12379-Building in downtown Oklahoma City on April 19, 1995. As provided
12380-in this section, an amount of the fee collected shall be deposited
12381-in the Heart of the Heartland Scholarship Fund, as established in
12382-Section 2282 of Title 70 of the Oklahoma Statutes;
12383-10. Emergency Medical Technician License Plate - such plates
12384-shall be designed and issued to any person who is an emergency
12385-
12386-Req. No. 2200 Page 249 1
12387-2
12388-3
12389-4
12390-5
12391-6
12392-7
12393-8
12394-9
12395-10
12396-11
12397-12
12398-13
12399-14
12400-15
12401-16
12402-17
12403-18
12404-19
12405-20
12406-21
12407-22
12408-23
12409-24
12410-
12411-medical technician. Such persons may apply for an emergency medical
12412-technician license plate for each vehicle with a rated carrying
12413-capacity of one (1) ton or less upon proof of an emergency medical
12414-technician’s license. The license plate shall be designed in
12415-consultation with the Oklahoma Emergency Medical Technicians
12416-Association. As provided in this section, an amount of the fee
12417-collected shall be apportioned to the Emergency Medical Personnel
12418-Death Benefit Revolving Fund created in Section 1-2505.2 of Title 63
12419-of the Oklahoma Statutes;
12420-11. Fight Breast Cancer License Plate - such plates shall be
12421-designed to demonstrate support for the prevention and treatment of
12422-breast cancer in this state;
12423-12. Crime Victims Awareness License Plate - such plates shall
12424-be designed and issued to any person wishing to demonstrate
12425-awareness of and support for victims of crimes. Th e license plates
12426-shall be designed in consultation with the Crime Victims
12427-Compensation Program. As provided in this section, an amount of the
12428-fee collected shall be apportioned to the Attorney General’s
12429-Revolving Fund for the Office of the Attorney General, which is
12430-hereby directed to use such funds to contract with a statewide
12431-nonprofit organization to provide services to crime victims;
12432-13. Safe Kids Oklahoma License Plate - such plates shall be
12433-designed and issued to any person wishing to demonstrate support and
12434-awareness of the Safe Kids Oklahoma. The license plate shall be
12435-
12436-Req. No. 2200 Page 250 1
12437-2
12438-3
12439-4
12440-5
12441-6
12442-7
12443-8
12444-9
12445-10
12446-11
12447-12
12448-13
12449-14
12450-15
12451-16
12452-17
12453-18
12454-19
12455-20
12456-21
12457-22
12458-23
12459-24
12460-
12461-designed in consultation with the Oklahoma Safe Kids Association.
12462-As provided in this section, an amount of the fee collected shall be
12463-deposited in the Children’s Hospital - Oklahoma Safe Kids
12464-Association Revolving Fund to be distributed to the Safe Kids
12465-Oklahoma program;
12466-14. Oklahoma Four-H Club License Plate – such plates shall be
12467-designed, subject to criteria to be presented to Service Oklahoma by
12468-the Four-H Foundation, and issued to any person wishing to
12469-demonstrate support of the Oklahoma Four-H Club. Such plates may be
12470-designed and issued to any person as for personalized license
12471-plates. As provided in this section, an amount of the fee collected
12472-shall be apportioned to t he OSU Extension Service License Plate
12473-Revolving Fund created in Section 1104.4 of this title;
12474-15. Agricultural Awareness License Plate – such plates shall be
12475-designed, subject to criteria to be presented to Service Oklahoma,
12476-by the Oklahoma Department of Agriculture, Food, and Forestry in
12477-consultation with the Oklahoma Arts Council, and issued to any
12478-person wishing to demonstrate support of the Department’s Ag in the
12479-Classroom Education Program. As provided in this section, an amount
12480-of the fee collected shall be apportioned as provided in Section
12481-1104.3 of this title;
12482-16. Oklahoma Statehood Centennial License Plate – such plates
12483-shall be designed and issued to any person wishing to commemorate
12484-the centennial of Oklahoma’s admission to statehood in 1907. The
12485-
12486-Req. No. 2200 Page 251 1
12487-2
12488-3
12489-4
12490-5
12491-6
12492-7
12493-8
12494-9
12495-10
12496-11
12497-12
12498-13
12499-14
12500-15
12501-16
12502-17
12503-18
12504-19
12505-20
12506-21
12507-22
12508-23
12509-24
12510-
12511-license plates shall be designed in consultation with the Oklahoma
12512-Capitol Complex and Centennial Commemoration Commission. As
12513-provided in this section, an amount of the fee collected shall be
12514-deposited in the Oklahoma Department of Commerce Revolvi ng Fund
12515-created in Section 5012 of Title 74 of the Oklahoma Statutes;
12516-17. Support Education License Plate – such plates shall be
12517-designed, subject to criteria to be presented to Service Oklahoma by
12518-the State Department of Education in consultation with th e Oklahoma
12519-Arts Council, and issued to any person wishing to demonstrate
12520-support for education in this state. All licensed operators shall
12521-display a sample of the Support Education License plate in the area
12522-of the business accessed by the public. Twenty -three Dollars
12523-($23.00) of the fee collected shall be apportioned as follows:
12524-a. five percent (5%) shall be deposited to the Education
12525-Reform Revolving Fund,
12526-b. five percent (5%) shall be deposited to the Oklahoma
12527-State Regents for Higher Education Revolvin g Fund,
12528-c. five percent (5%) sh all be deposited to the State
12529-Career-Technology Fund, and
12530-d. eighty-five percent (85%) shall be deposited to the
12531-Teachers’ Retirement Benefit Fund as set forth in
12532-Section 17-108 of Title 70 of the Oklaho ma Statutes.
12533-However, when the Teachers’ Retirement Benefit Fund attains a
12534-seventy percent (70%) funded ratio based on an annual actuarial
12535-
12536-Req. No. 2200 Page 252 1
12537-2
12538-3
12539-4
12540-5
12541-6
12542-7
12543-8
12544-9
12545-10
12546-11
12547-12
12548-13
12549-14
12550-15
12551-16
12552-17
12553-18
12554-19
12555-20
12556-21
12557-22
12558-23
12559-24
12560-
12561-valuation as required by law, the amount of the fee shall be
12562-apportioned equally pursuant to subparagraphs a, b and c of this
12563-paragraph;
12564-18. Retired Oklahoma Highway Patrol Officers License Plate –
12565-such plates shall be designed and issued to any retired officer of
12566-the Oklahoma Highway Patrol. The license plate shall have the
12567-legend “Oklahoma” and shall contain, in the center of the plate, the
12568-Highway Patrol Officers patch using the same colors and pattern as
12569-used in the patch. Centered on the bottom of the license plate
12570-shall be the word “Retired”. The letters “TRP” shall be used in
12571-combination with three numbers on e ither side of the insignia or
12572-emblem. The color of the letters and numbers shall be brown.
12573-Retirees who are eligible for such plates shall provide proof of
12574-eligibility upon initial application, but shall not be required to
12575-provide proof of eligibility an nually. The surviving spouse of any
12576-deceased retired officer of the Oklahoma Highway Patrol, if the
12577-spouse has not since remarried, or if remarried, the remarriage is
12578-terminated by death, divorce, or annulment, may apply for a Retired
12579-Oklahoma Highway Pat rol Officers license plate. A s provided in this
12580-section, an amount of the fee collected shall be deposited into the
12581-Oklahoma Law Enforcement Retirement Fund;
12582-19. Boy Scouts of America Supporter License Plate – such plates
12583-shall be designed and issued to any person wishing to demonstr ate
12584-support for the Boy Scouts of Americ a. The plates shall be issued
12585-
12586-Req. No. 2200 Page 253 1
12587-2
12588-3
12589-4
12590-5
12591-6
12592-7
12593-8
12594-9
12595-10
12596-11
12597-12
12598-13
12599-14
12600-15
12601-16
12602-17
12603-18
12604-19
12605-20
12606-21
12607-22
12608-23
12609-24
12610-
12611-to any person in any combination of numbers and letters from one to
12612-a maximum of seven, as for personalized license plates. The plate
12613-shall contain the offici al Boy Scouts of America l ogo. Service
12614-Oklahoma shall be authoriz ed, if necessary, to enter into a
12615-licensing agreement with the Boy Scouts of America for any licensing
12616-fees which may be required in order to use the Boy Scouts of America
12617-logo or design. The licensing agreement sha ll provide for a payment
12618-to the Boy Scouts of America of not more than Twenty Dollars
12619-($20.00) for each license plate issued;
12620-20. Urban Forestry and Beautification License Plate – such
12621-plates shall be designed, subject to criteri a to be presented to
12622-Service Oklahoma, by the Oklahoma Department of Agriculture, Food,
12623-and Forestry in consultation with nonprofit organizations in this
12624-state that develop and operate programs to encourage urban forestry
12625-and beautification, and issued to any person wishing to demo nstrate
12626-support of such programs. As pr ovided in this section, an amount of
12627-the fee collected shall be apportioned as provided in Section 1104.5
12628-of this title;
12629-21. Oklahoma State Parks Supporter License Plate – such plates
12630-shall be designed, subject to c riteria to be presented to Serve
12631-Oklahoma by the Oklahoma Tourism and Recreation Department, and
12632-issued to any person wishing to demonstrate support for the Oklahoma
12633-state parks system. Twenty-three Dollars ($23.00) of the fee
12634-collected shall be deposited in the Oklahoma Tourism and Recreation
12635-
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12637-2
12638-3
12639-4
12640-5
12641-6
12642-7
12643-8
12644-9
12645-10
12646-11
12647-12
12648-13
12649-14
12650-15
12651-16
12652-17
12653-18
12654-19
12655-20
12656-21
12657-22
12658-23
12659-24
12660-
12661-Department Revolving Fund. Such money shall be designated for and
12662-may only be expended for the support of Oklahoma state parks;
12663-22. Adoption Creates Families License Plate – such plates shall
12664-be issued to any perso n wishing to demonstrate support of preg nant
12665-women who are committed to placing their children for adoption and
12666-wishing to provide assistance to guardians, adoptive parents and
12667-other created families to assist in the adoption and placement of
12668-children in permanent, safe homes. The license plate s shall be
12669-designed and final terminology delivered in consultation with the
12670-Oklahoma Adoption Coalition and the Department of Human Services.
12671-Twenty-five Dollars ($25.00) of the fee collec ted shall be deposited
12672-in a revolving fund established in the Stat e Treasury for and to be
12673-used by the Department of Human Services for the implementation of
12674-the Investing in Stronger Oklahoma Families Act specifically for
12675-created families;
12676-23. Choose Life License Plate – such plates shall be designed,
12677-subject to criteria presented to Service Oklahoma, by Choose Life
12678-America, Inc., and issued to any person who wishes to demonstrate
12679-support of organizations that encourage adoption as a positive
12680-choice for women with unplanned pregnancies. As provided in this
12681-section, an amount of the fee collected shall be deposited in the
12682-Choose Life Assistance Program Revolving Fund established in Section
12683-1104.6 of this title;
12684-
12685-Req. No. 2200 Page 255 1
12686-2
12687-3
12688-4
12689-5
12690-6
12691-7
12692-8
12693-9
12694-10
12695-11
12696-12
12697-13
12698-14
12699-15
12700-16
12701-17
12702-18
12703-19
12704-20
12705-21
12706-22
12707-23
12708-24
12709-
12710-24. Future Farmers of America License Plate – such plates shall
12711-be designed and issued to persons wishing to d emonstrate support for
12712-the Oklahoma FFA Association (formerly known as Future Farmers of
12713-America). The license plates shall be designed in consultation with
12714-the Oklahoma FFA Association Board of Directors. As provided in
12715-this section, an amount of the fee collected shall be apportioned as
12716-provided in Section 1104.7 of this title;
12717-25. Lions Club License Plate – such plates shall be designed
12718-and issued to persons wishing to demons trate support for the Lions
12719-Clubs of Oklahoma. The plates shall be issued to any person in any
12720-combination of numbers and letters from one to a maximum of seven,
12721-as for personalized license plates. The license plates shall be
12722-designed in consultation with the Oklahoma Lions Servi ce Foundation
12723-and shall contain the official logo of the International Association
12724-of Lions Clubs. Service Oklahoma shall be authorized to enter into
12725-a licensing agreement with the Oklahoma Lions Service Foundation.
12726-The licensing agreement shall provide for a payment to the Oklahoma
12727-Lions Service Foundat ion of not more than Ten Dollars ($10.00) for
12728-each license plate issued;
12729-26. Color Oklahoma License Plate – such plates shall be
12730-designed, subject to criteria to be presented to Service Oklahoma by
12731-the Oklahoma Native Plant Society, and issued to any pers on wishing
12732-to demonstrate support for preserving and planting wildflowers and
12733-native plants in this state and to promote Oklahoma’s wildflower
12734-
12735-Req. No. 2200 Page 256 1
12736-2
12737-3
12738-4
12739-5
12740-6
12741-7
12742-8
12743-9
12744-10
12745-11
12746-12
12747-13
12748-14
12749-15
12750-16
12751-17
12752-18
12753-19
12754-20
12755-21
12756-22
12757-23
12758-24
12759-
12760-heritage through education. As provided in this sect ion, an amount
12761-of the fee collected shall be apportioned as provided in Section
12762-1104.8 of this title;
12763-27. Girl Scouts of the United States of America Supporter
12764-License Plate - such plates shall be designed and issued to any
12765-person wishing to demonstrate s upport for the Girl Scouts of the
12766-United States of America. The plates shall be issued to any person
12767-in any combination of numbers and letters from one to a maximum of
12768-seven, as for personalized license plates. The plate shall contain
12769-the official Girl Scouts of the United States of America logo.
12770-Service Oklahoma shall be authorized, if necessary, to enter into a
12771-licensing agreement with the Girl Scouts of the United States of
12772-America for any licensing fees which may be required in order to use
12773-the Girl Scouts of the United States of America logo or design. The
12774-licensing agreement shall provide for a payment to the Magic Empire
12775-Council of Girl Scouts, acting on behalf of all Oklahoma Girl Scout
12776-councils, of not more than Twenty Dollars ($2 0.00) for each license
12777-plate issued;
12778-28. Oklahoma City Memorial Marathon License Plate – such plates
12779-shall be designed and issued to any person wishing to demonstrate
12780-support for the Oklahoma City Memorial Marathon. The pl ate shall be
12781-designed in consultation with the Oklahoma City Memori al Marathon.
12782-Service Oklahoma shall be authorized to enter into a licensing
12783-agreement with the Oklahoma City Memorial Marathon for any licensing
12784-
12785-Req. No. 2200 Page 257 1
12786-2
12787-3
12788-4
12789-5
12790-6
12791-7
12792-8
12793-9
12794-10
12795-11
12796-12
12797-13
12798-14
12799-15
12800-16
12801-17
12802-18
12803-19
12804-20
12805-21
12806-22
12807-23
12808-24
12809-
12810-fees which may be required in order to use the Oklahoma City
12811-Memorial Marathon logo or design. The licensing agreement shall
12812-provide for a payment to the Oklahoma City Memorial Marathon of not
12813-more than Twenty Dollars ($20.00) for each license plate issued;
12814-29. Oklahoma Scenic Rivers License Plat e – such plates shall be
12815-designed to demonstrate support for the Grand River Dam Authority.
12816-The plates shall be designed in consultation with the Grand River
12817-Dam Authority. Twenty-five Dollars ($25.00) of the fee shall be
12818-apportioned to the Grand River Dam Autho rity;
12819-30. Fight Cancer License Plate – such plates shall be designed
12820-to demonstrate support for the Oklahoma Central Cancer Registry.
12821-The plate shall contain the American Cancer Society logo. The
12822-American Cancer Society logo shall be used in accordance with the
12823-American Cancer Society’s branding guidelines and shall only be
12824-utilized to support the Oklahoma Central Cancer Registry. Twenty
12825-Dollars ($20.00) of the fee shall be apportioned to the Oklahoma
12826-Central Cancer Registry Revolving Fund;
12827-31. Animal Friendly License Plate – such plates shall be
12828-designed and issued to any person wishing to demonstrate support for
12829-controlling the overpopulation of dogs and cats through educational
12830-and sterilization efforts . The plates shall be designed in
12831-consultation with the Veterinary Me dical Association. Twenty
12832-Dollars ($20.00) of the fee collected shall be designated by the
12833-purchaser of the plate to be deposited in the Oklahoma Pet
12834-
12835-Req. No. 2200 Page 258 1
12836-2
12837-3
12838-4
12839-5
12840-6
12841-7
12842-8
12843-9
12844-10
12845-11
12846-12
12847-13
12848-14
12849-15
12850-16
12851-17
12852-18
12853-19
12854-20
12855-21
12856-22
12857-23
12858-24
12859-
12860-Overpopulation Fund created in Sect ion 2368.13 of Title 68 of the
12861-Oklahoma Statutes or the Animal Friendl y Revolving Fund created in
12862-Section 1104.10 of this title;
12863-32. Patriot License Plate - such plates shall be designed in
12864-consultation with the Military Department of the State of Oklahoma
12865-and issued to any person wishing to de monstrate support for Oklahoma
12866-residents who are members of the Okl ahoma National Guard and
12867-deployed on active duty. The plates shall be issued to any person
12868-in any combination of numbers and letters from one to a m aximum of
12869-seven, as for personalized lic ense plates. As provided in t his
12870-section, a portion of the fee col lected shall be deposited in the
12871-Patriot License Plate Revolving Fund created in Section 1104.11 of
12872-this title;
12873-33. Global War on Terrorism License Plate - such plate shall be
12874-designed in consultation with the Military Department of the State
12875-of Oklahoma and issued to any person wishing to demonstrate support
12876-for Oklahoma residents who are members of the Armed Forces of the
12877-United States or Oklahoma N ational Guard that have served in the
12878-Global War on Terrorism. The plate shall be issued to any person in
12879-any combination of numbers and letters from one to a maximum of six.
12880-As provided in this section, a portion of the fee collected shall be
12881-deposited in the Oklahoma National Guard Museum Fund created in
12882-Section 235.1 of Title 44 of the Oklahoma Statutes;
12883-
12884-Req. No. 2200 Page 259 1
12885-2
12886-3
12887-4
12888-5
12889-6
12890-7
12891-8
12892-9
12893-10
12894-11
12895-12
12896-13
12897-14
12898-15
12899-16
12900-17
12901-18
12902-19
12903-20
12904-21
12905-22
12906-23
12907-24
12908-
12909-34. Boys and Girls Clubs of America Supporter License Plate –
12910-such plates shall be designed and issued to any person wishing to
12911-demonstrate support f or the Boys and Girls Clubs of America. The
12912-plates shall be issued to any person in any combination of num bers
12913-and letters from one to a maximum of seven, as for personalized
12914-license plates. The plate shall contain the official Boys and Girls
12915-Clubs of America logo. Service Oklahoma, if necessary, may ente r
12916-into a licensing agreement with the Boys and Girls C lubs of America
12917-for any licensing fees which may be required in order to use the
12918-Boys and Girls Clubs of America logo or design. The licensing
12919-agreement shall provide for a payment to the Boys and Girl s Clubs of
12920-America of not more than Twenty Dollars ($2 0.00) for each license
12921-plate issued;
12922-35. Oklahoma Quarter Horse License Plate – such plates shall be
12923-designed and issued to any person wishing to de monstrate support for
12924-the American Quarter Horse in this state. The plate shall be
12925-designed in consultation with the Oklahoma Quarter Horse
12926-Association. As provided in this section, a portion of the fee
12927-collected shall be deposited in the Oklahoma Quarter Horse Revolving
12928-Fund created in Section 1104.12 of th is title;
12929-36. Oklahoma Association for the Deaf License Plate – such
12930-plates shall be desig ned in consultation with the Oklahoma
12931-Association for the Deaf and issued to any person wishing to
12932-demonstrate support for Oklahoma residents who are deaf. The plat es
12933-
12934-Req. No. 2200 Page 260 1
12935-2
12936-3
12937-4
12938-5
12939-6
12940-7
12941-8
12942-9
12943-10
12944-11
12945-12
12946-13
12947-14
12948-15
12949-16
12950-17
12951-18
12952-19
12953-20
12954-21
12955-22
12956-23
12957-24
12958-
12959-shall be issued to any person in any combination of numbers and
12960-letters from one to a ma ximum of seven, as for personalized license
12961-plates. As provided in this section, a portion of the fee collected
12962-shall be deposited in the Oklahoma Association for t he Deaf License
12963-Plate Revolving Fund created in Section 1104.15 of this title;
12964-37. Oklahoma City Zoo License Plate – such plates shall be
12965-issued to any person wishing to demonstrate support for the Oklahoma
12966-City Zoo. The license plates shall be designed in consultation with
12967-the Oklahoma Zoological Society, Inc. As provided in this section,
12968-an amount of the fee collected shall be deposited in the Oklahoma
12969-Zoological Society Revolving Fund created in Section 1104.13 of this
12970-title;
12971-38. March of Dimes Licen se Plate – such plates shall be issued
12972-to persons wishing to demonstrate support for the Ma rch of Dimes
12973-mission to improve the health of babies by preventing birth defects,
12974-premature birth and infant mortality. The license plates shall be
12975-designed in consultation with the Oklahoma Chapter March of Dimes.
12976-As provided in this section, an amount of the fee collected shall be
12977-deposited in the Oklahoma Prevent Birth Defects, Premature Birth and
12978-Infant Mortality Fund established in Section 1104.14 of this title ;
12979-39. Support Our Troops Supporter License Plate – such plates
12980-shall be designed and issue d to any person wishing to demonstrate
12981-support for Support Our Troops Incorporated. The plates shall be
12982-issued to any person in any combination of numbers and lette rs from
12983-
12984-Req. No. 2200 Page 261 1
12985-2
12986-3
12987-4
12988-5
12989-6
12990-7
12991-8
12992-9
12993-10
12994-11
12995-12
12996-13
12997-14
12998-15
12999-16
13000-17
13001-18
13002-19
13003-20
13004-21
13005-22
13006-23
13007-24
13008-
13009-one to a maximum of six. The plate shall contain the official
13010-Support Our Troops I ncorporated logo which includes the mark
13011-“Support Our Troops” across the bottom of the plate. Service
13012-Oklahoma, if necessary, may enter into a licensing agreement w ith
13013-Support Our Troops Incorporated for any licensing fees which may be
13014-required in order to use the Support Our Troops Incorporated logo or
13015-design. The licensing agreement shall provide for a payment to
13016-Support Our Troops Incorporated of Twenty -five Dollars ($25.00) for
13017-each license plate issued;
13018-40. Folds of Honor Supporter License Plate – such plates shall
13019-be authorized to be designed and issued to any person wishing to
13020-demonstrate support for the Oklahoma City Chapter of Folds of Honor
13021-Incorporated, a nonprofit charitable organization exempt from
13022-taxation pursuant to the provisions of the I nternal Revenue Code, 26
13023-U.S.C., Section 501(c)(3), providing educational scholarships to
13024-spouses and children of America’s fallen and disabled military
13025-service members. The plates shall be issued to any person in any
13026-combination of numbers and letters fr om one to a maximum of six.
13027-Such person may apply for a Folds of Honor Supporter license plate
13028-for a motorcycle; provided, the license plate for motorcycles may be
13029-of similar design to the license plate for motor vehicles or may be
13030-a new design in order t o meet space requirements for a motorcycle
13031-license plate. The plate shall be designed in consultation with the
13032-Oklahoma City Chapter of Folds of Honor Incorporated and shall
13033-
13034-Req. No. 2200 Page 262 1
13035-2
13036-3
13037-4
13038-5
13039-6
13040-7
13041-8
13042-9
13043-10
13044-11
13045-12
13046-13
13047-14
13048-15
13049-16
13050-17
13051-18
13052-19
13053-20
13054-21
13055-22
13056-23
13057-24
13058-
13059-contain the official Folds of Honor Incorporated logo which includes
13060-the mark “Folds of Honor” across the bottom of the plate. Service
13061-Oklahoma, if necessary, may enter into a licensing agreement with
13062-Folds of Honor Incorporated for any licensin g fees which may be
13063-required in order to use the Folds of Honor Incorporated logo or
13064-design. The licensing agreement shall provide for a payment to
13065-Folds of Honor Incorporated of Twenty-five Dollars ($25.00) for each
13066-license plate issued. Subject to the provisions of subsection A of
13067-this section, the Folds of Honor Supporter License Plate is h ereby
13068-reauthorized effective November 1, 2019;
13069-41. Armed Forces Veterans Motorcycle License Plate – such
13070-plates shall be designed for use on a moto rcycle in consultation
13071-with A Brotherhood Aiming Toward Education of Oklahoma, Inc.
13072-(ABATE), and issued to an y honorably discharged former member of the
13073-United States Armed Forces wishing to demonstrate support for the
13074-Oklahoma National Guard Museum. Persons applying for such license
13075-plate must show proof of past military service. As provided in this
13076-section, a portion of the fee collected shall be deposited in the
13077-Oklahoma National Guard Museum Fund created in Sec tion 235.1 of
13078-Title 44 of the Oklahoma St atutes;
13079-42. Buffalo Soldier License Plate - such plates shall be issued
13080-to any person wishing to honor and c elebrate the history and
13081-contribution of the Buffalo Soldiers. The license plates shall be
13082-designed in consultation with the Lawton-Fort Sill Chapter of the
13083-
13084-Req. No. 2200 Page 263 1
13085-2
13086-3
13087-4
13088-5
13089-6
13090-7
13091-8
13092-9
13093-10
13094-11
13095-12
13096-13
13097-14
13098-15
13099-16
13100-17
13101-18
13102-19
13103-20
13104-21
13105-22
13106-23
13107-24
13108-
13109-Buffalo Soldiers 9th and 10th (Horse) Cavalry National Association.
13110-As provided in this section, an amount of the fee collected shall be
13111-deposited in the Buffalo Soldier License Plate Revolving Fund
13112-created in Section 1104.16 of this title;
13113-43. Prevent Blindness Oklahoma License Plate - such plates
13114-shall be issued to any person wishing to provide fin ancial support
13115-for vision screening of school age children in this state. The
13116-license plates shall be designed in consultation with Prevent
13117-Blindness Oklahoma. As provided in this section, an amount of th e
13118-fee collected shall be deposited in the Prevent Blindness Oklahoma
13119-License Plate Revolving Fund created in Section 1104.17 of this
13120-title;
13121-44. Oklahoma State Capitol Restoration License Plate - such
13122-plates shall be designed and issued to any person w ishing to
13123-demonstrate support for restoration of the O klahoma State Capitol
13124-building. The license plates shall be designed in consultation with
13125-the Friends of the Capitol corporation, created pursu ant to Section
13126-15.4 of Title 73 of the Oklahoma Statutes a nd the State Capitol
13127-Preservation Commission created p ursuant to Section 4102 of Title 74
13128-of the Oklahoma Statutes. As provided in this section, an amount of
13129-the fee collected shall be deposited in the Oklahoma Friends of the
13130-Capitol License Plate Revolvi ng Fund established in Section 1104.18
13131-of this title;
13132-
13133-Req. No. 2200 Page 264 1
13134-2
13135-3
13136-4
13137-5
13138-6
13139-7
13140-8
13141-9
13142-10
13143-11
13144-12
13145-13
13146-14
13147-15
13148-16
13149-17
13150-18
13151-19
13152-20
13153-21
13154-22
13155-23
13156-24
13157-
13158-45. Eastern Red Cedar Tree License Plate – such plates shall be
13159-designed, subject to criteria to be presented to Service Oklahoma
13160-and issued to any person wishing to demonstrate support for the
13161-removal of Eastern Redcedar trees from lands in the state and to
13162-develop marketable uses for the harvested trees. The license plate
13163-shall be designed in consultation with the Oklahoma Department of
13164-Agriculture, Food, and Forestry. Twenty-three Dollars ($23.00) of
13165-the fee collected shall be deposited in the Eastern Redcedar
13166-Revolving Fund created in Section 18-407 of Title 2 of the Oklahoma
13167-Statutes. The money shall be designated for and may only be
13168-expended for the purposes as set forth in the Eastern Redce dar
13169-Management Act;
13170-46. Pancreatic Cancer Research Licens e Plate - such plates
13171-shall be issued to any person wishing to provide financial support
13172-for the University of Oklahoma Foundation, Pancreatic Cancer
13173-Research Fund. The plates shall be issued t o any person in any
13174-combination of numbers and letters from on e to a maximum of six.
13175-The license plates shall be designed in consultation with the
13176-University of Oklahoma Foundation, Pancreatic Cancer Research Fund.
13177-As provided in this section, an amount of the fee collected shall be
13178-deposited in the Pancreatic Canc er Research License Plate Revolving
13179-Fund created in Section 1104.19 of this title;
13180-47. Alzheimer’s Research License Plate - such plates shall be
13181-issued to any person wishing to provide fina ncial support for the
13182-
13183-Req. No. 2200 Page 265 1
13184-2
13185-3
13186-4
13187-5
13188-6
13189-7
13190-8
13191-9
13192-10
13193-11
13194-12
13195-13
13196-14
13197-15
13198-16
13199-17
13200-18
13201-19
13202-20
13203-21
13204-22
13205-23
13206-24
13207-
13208-Oklahoma Chapter of the Alzheimer’s Association. The license plates
13209-shall be designed in consultation with the Oklahoma Chapter of the
13210-Alzheimer’s Association. As provided in this section, an amount of
13211-the fee collected shall be dep osited in the Alzheimer’s Research
13212-License Plate Revolving Fund created in Section 1104.20 of this
13213-title;
13214-48. Hospice and Palliative Care License Plate - such plates
13215-shall be issued to any person wishing to provide finan cial support
13216-for the Oklahoma Hospice and Palliative Care Association. The
13217-license plates shall be designed in consultation with the Oklahoma
13218-Hospice and Palliative Care Association. As provided in this
13219-section, an amount of the fee collected shall be de posited in the
13220-Hospice and Palliative Care License Plate Revolving Fund created in
13221-Section 1104.21 of this title;
13222-49. Juvenile Diabetes Research License Plate - such plates
13223-shall be issued to any person wishing to provide financial support
13224-for the Oklahoma Chapters of the Juvenile Diabetes Research
13225-Foundation. The license plates shall be designed in consultation
13226-with the Oklahoma Chapters of the Juvenile Diabetes Research
13227-Foundation. As provided in this section, an amount of the fee
13228-collected shall be deposited in the Juvenile Dia betes Research
13229-License Plate Revolving Fund created in Section 1104.22 of this
13230-title;
13231-
13232-Req. No. 2200 Page 266 1
13233-2
13234-3
13235-4
13236-5
13237-6
13238-7
13239-8
13240-9
13241-10
13242-11
13243-12
13244-13
13245-14
13246-15
13247-16
13248-17
13249-18
13250-19
13251-20
13252-21
13253-22
13254-23
13255-24
13256-
13257-50. Deer Creek Schools Foundation License Plate - such plates
13258-shall be issued to any person wishing to provide financial support
13259-for the Deer Creek Schools Foundatio n. The license plates shall be
13260-designed in consultation with the Deer Creek Schools Foundation.
13261-The plates shall be issued to any person in any combination of
13262-numbers and letters from one to a maximum of seven, as for
13263-personalized license plates. As pro vided in this section, an amo unt
13264-of the fee collected shall be deposited in the Deer Creek Schools
13265-Foundation License Plate Revolving Fund created in Section 1104.23
13266-of this title;
13267-51. Lupus Awareness and Education Licen se Plate - such plates
13268-shall be issued to any person wishing to provide financial support
13269-for the Oklahoma Chapter of the Lupus Foundation of America. The
13270-license plates shall be designed in consultation with the Oklahoma
13271-Chapter of the Lupus Foundation of America. As provided in this
13272-section, an amount of the f ee collected shall be deposited in the
13273-Oklahoma Lupus License Plate Revolving Fund created in Section
13274-1104.24 of this title. Subject to the provisions of subsection A of
13275-this section, the Lupus Awareness and Education License Plate is
13276-hereby reauthorized effective November 1, 2018;
13277-52. Chiefs of Police License Plate - such plates shall be
13278-issued to any person wishing to provide financial support for the
13279-Oklahoma Association of Chiefs of Police for a vehicle or motorcycle
13280-in any combination of numbers and letters from one to a maximum of
13281-
13282-Req. No. 2200 Page 267 1
13283-2
13284-3
13285-4
13286-5
13287-6
13288-7
13289-8
13290-9
13291-10
13292-11
13293-12
13294-13
13295-14
13296-15
13297-16
13298-17
13299-18
13300-19
13301-20
13302-21
13303-22
13304-23
13305-24
13306-
13307-seven, as for personalized license plates. The license plates shall
13308-be designed in consultation with the Oklahoma Association of Chiefs
13309-of Police. The license plate for a motorcycle may be of similar
13310-design as space permi ts or a new design in order to meet the space
13311-requirements of a motorcycle license plate. Service Oklahoma shall
13312-be authorized to enter into a licensing agreement with the Oklahoma
13313-Association of Chiefs of Police for any licensing fees which may be
13314-required in order to use the association’s logo or design. The
13315-licensing agreement shall provide for a payment to the Oklahoma
13316-Association of Chiefs of Police of not more than Twenty Dollars
13317-($20.00) for each license plate issued. Subject to the provisions
13318-of subsection A of this section, the Chiefs of Police License Plate
13319-is hereby reauthorized effective November 1, 2015;
13320-53. Crossings Christian School License Plate – such plates
13321-shall be designed and issued to any person wishing to demonstrate
13322-support for Crossings Christian School located in Oklahoma City.
13323-The license plates shall be designed in consultation with the
13324-administration of Crossings Christian School. Service Oklahoma
13325-shall be authorized to enter into a licensing agreement with
13326-Crossings Christian School for any licensing fees which may be
13327-required in order to use the school’s logo or design. The licensing
13328-agreement shall provide for a payment to the Crossings Christian
13329-School of not more than Twenty Dollars ($20.00) for each license
13330-plate issued;
13331-
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13333-2
13334-3
13335-4
13336-5
13337-6
13338-7
13339-8
13340-9
13341-10
13342-11
13343-12
13344-13
13345-14
13346-15
13347-16
13348-17
13349-18
13350-19
13351-20
13352-21
13353-22
13354-23
13355-24
13356-
13357-54. Hilldale Education Foundation License Plate – such plates
13358-shall be designed and issued to any person wishing to demonstrate
13359-support for the Hilldale Education Foundation. The license pl ates
13360-shall be designed in consultation with the administra tion of the
13361-Hilldale Education Foundation. Service Okl ahoma shall be authorized
13362-to enter into a licensing agreement with the Hilldale Education
13363-Foundation for any licensing fees which may be requir ed in order to
13364-use the foundation’s logo or design. The l icensing agreement shall
13365-provide for a payment to the H illdale Education Foundation of not
13366-more than Twenty Dollars ($20.00) for each license plate issued;
13367-55. Oklahoma Nurses License Plate – such plates shall be issued
13368-to any person licensed pursuan t to the Oklahoma Nursing Practice Act
13369-and providing such do cumentation of current licensure as may be
13370-required by Service Oklahoma. The license plates shall be designed
13371-in consultation with the Oklahom a Nurses Association. As provided
13372-in this section, an amount of the fee collected shall be deposited
13373-in the Oklahoma Nurses License Plate Revolving Fund created in
13374-Section 1104.26 of this title;
13375-56. Oklahoma Sports Hall of Fame License Plate – such plates
13376-shall be issued to any person wishing to demon strate support for the
13377-Oklahoma Sports Hall of Fame. The license plates shall be designed
13378-in consultation with the administration of the Oklahoma Sports Hall
13379-of Fame. Service Oklahoma shall be authorized to enter into a
13380-licensing agreement with the Oklah oma Sports Hall of Fame for any
13381-
13382-Req. No. 2200 Page 269 1
13383-2
13384-3
13385-4
13386-5
13387-6
13388-7
13389-8
13390-9
13391-10
13392-11
13393-12
13394-13
13395-14
13396-15
13397-16
13398-17
13399-18
13400-19
13401-20
13402-21
13403-22
13404-23
13405-24
13406-
13407-licensing fees which may be requi red in order to use the Hall of
13408-Fame’s logo or design. The licensing agreement shall provide for a
13409-payment to the Oklahoma Sports Hall of Fame of not more than Twenty
13410-Dollars ($20.00) for ea ch license plate issued;
13411-57. Childhood Cancer Awareness License Plate – such plates
13412-shall be issued to any person wishing to demonstrate support for the
13413-Oklahoma Children’s Cancer Association. The license plates shall be
13414-designed in consultation wit h the administration of the Oklahoma
13415-Children’s Cancer Association. Service Oklahoma shall be authorized
13416-to enter into a licensing agreement with the Oklahoma Children’s
13417-Cancer Association for any licensing fees which may be required in
13418-order to use the Oklahoma Children’s Cancer Association’s logo or
13419-design. The licensing agreement shall provide for a payment to the
13420-Oklahoma Children’s Cancer Association of not more than Twenty
13421-Dollars ($20.00) for each license plate issued;
13422-58. Oklahoma Educational Television Authority License Plate –
13423-such plates shall be designed and issued to any person wishing to
13424-demonstrate support for the Oklahoma Educational Television
13425-Authority and such plates shall be designed in consultation with the
13426-Authority. As provide d in this section, an amount of the fee
13427-collected shall be deposited in The Educational Television Authority
13428-Revolving Fund created in Section 156 of Title 62 of the Oklahoma
13429-Statutes;
13430-
13431-Req. No. 2200 Page 270 1
13432-2
13433-3
13434-4
13435-5
13436-6
13437-7
13438-8
13439-9
13440-10
13441-11
13442-12
13443-13
13444-14
13445-15
13446-16
13447-17
13448-18
13449-19
13450-20
13451-21
13452-22
13453-23
13454-24
13455-
13456-59. Remembering Fallen Heroes License Plate – such plates shall
13457-be designed and issued to any person wishing to demonstrate support
13458-for Concerns of Police Survivors, Inc. Such plates shall be
13459-designed in consultation with the Oklahoma Chapter of Concerns of
13460-Police Survivors, Inc. As provided in this section, a n amount of
13461-the fee collected shall be deposited in the Oklahoma Concerns of
13462-Police Survivors License Plate Revolving Fund created in Section
13463-1104.27 of this title;
13464-60. Disabled American Veterans License Plate – such plates
13465-shall be designed in consu ltation with the Disabled American
13466-Veterans of Oklahoma and issued to any member of the organization
13467-wishing to demonstrate support. Service Oklahoma shall be
13468-authorized to enter into a licensing agreement with the Disabled
13469-American Veterans of Oklahoma for any licensing fees which may be
13470-required in order to use the organization’s logo or design. The
13471-licensing agreement shall provide for a payment to the Disabled
13472-American Veterans of Oklahoma of not mo re than Twenty Dollars
13473-($20.00) for each license plate issued. The plates shall
13474-incorporate a numbering system agreed upon by the Disabled American
13475-Veterans of Oklahoma and Service Oklahoma;
13476-61. Owasso Rams Supporter License Plate - such plates shall be
13477-designed and issued to any person wishing to demonstrate support for
13478-the Owasso Rams, and shall be des igned in consultation with
13479-representatives of O wasso Public Schools. The plates shall be
13480-
13481-Req. No. 2200 Page 271 1
13482-2
13483-3
13484-4
13485-5
13486-6
13487-7
13488-8
13489-9
13490-10
13491-11
13492-12
13493-13
13494-14
13495-15
13496-16
13497-17
13498-18
13499-19
13500-20
13501-21
13502-22
13503-23
13504-24
13505-
13506-issued to any person in any combination of numbers and lette rs from
13507-one to a maximum of seven, as for personalized license plates. As
13508-provided in this section, an am ount of the fee collected shall be
13509-deposited in the Education Reform Revolving Fund created in Section
13510-34.89 of Title 62 of the Oklahoma Statutes;
13511-62. Collinsville Cardinals Supporter License Plate - such
13512-plates shall be designed and issued to any per son wishing to
13513-demonstrate support for the Collinsv ille Cardinals, and shall be
13514-designed in consultation with representatives of Collinsville Public
13515-Schools. The plates shall be issued to any person in any
13516-combination of numbers and letters from one to a maximum of seven,
13517-as for personalized license plate s. As provided in this section, an
13518-amount of the fee collected shall be deposited in the Education
13519-Reform Revolving Fund created in Section 34.89 of Title 62 of the
13520-Oklahoma Statutes;
13521-63. Sperry Pirates Supporter License Plate - such plates shall
13522-be designed and issued to any person wishing to demonstrate support
13523-for the Sperry Pirates, and shall be designed in consultation with
13524-representatives of Sperry Schools. The plat es shall be issued to
13525-any person in any combination of numbers and letters from on e to a
13526-maximum of seven, as for personalized license plates. As provided
13527-in this section, an amount of the fee collected shall be deposited
13528-in the Education Reform Revolving Fund created in Section 34.8 9 of
13529-Title 62 of the Oklahoma Statutes;
13530-
13531-Req. No. 2200 Page 272 1
13532-2
13533-3
13534-4
13535-5
13536-6
13537-7
13538-8
13539-9
13540-10
13541-11
13542-12
13543-13
13544-14
13545-15
13546-16
13547-17
13548-18
13549-19
13550-20
13551-21
13552-22
13553-23
13554-24
13555-
13556-64. Skiatook Bulldogs Supporter License Plate - such plates
13557-shall be designed and issued to any person wishing to demonstrate
13558-support for the Skiatook Bulldogs, and shall be designed i n
13559-consultation with represe ntatives of Skiatook Public Schools. The
13560-plates shall be issued to any person in any combination of numbers
13561-and letters from one to a maximum of seven, as for personalized
13562-license plates. As provided in this section, an amount of the fee
13563-collected shall be deposited in the Education Reform Revolving Fund
13564-created in Section 34.89 of Title 62 of the Oklahoma Statutes;
13565-65. Rejoice Christian Eagles Supporter License Plate - such
13566-plates shall be designed and issued to any person wishing to
13567-demonstrate support for the Rejoice Christian Eagles, and shall be
13568-designed in consultation with representatives of Rejoice Christian
13569-Schools. The plates shall be issued to any person in any
13570-combination of numbers and letters from one to a max imum of seven,
13571-as for personalized license plates. As provided in this section, an
13572-amount of the fee collected shall be deposited in the Education
13573-Reform Revolving Fund created in Section 34.89 of Title 62 of the
13574-Oklahoma Statutes;
13575-66. East Central Cardinals Supporter License Plate - such
13576-plates shall be designed and issued to any person wishing to
13577-demonstrate support for the East Central Cardinals, and shall be
13578-designed in consultation with repre sentatives of East Central High
13579-School. The plates shall be issued to any person in any combination
13580-
13581-Req. No. 2200 Page 273 1
13582-2
13583-3
13584-4
13585-5
13586-6
13587-7
13588-8
13589-9
13590-10
13591-11
13592-12
13593-13
13594-14
13595-15
13596-16
13597-17
13598-18
13599-19
13600-20
13601-21
13602-22
13603-23
13604-24
13605-
13606-of numbers and letters from one to a maximum of seven, as for
13607-personalized license plates. As provided in this section, an amount
13608-of the fee collected shall be deposited in the Education Reform
13609-Revolving Fund created in Section 34.89 of Title 62 of the Oklahoma
13610-Statutes;
13611-67. Southeast Spartans Support er License Plate - such plates
13612-shall be designed and issued to any person wishing to demonstrate
13613-support for the Southeast Spartans, and shall be desi gned in
13614-consultation with the Southeast High School Alumni Association. The
13615-plates shall be issued to any person in any combination of numbers
13616-and letters from one to a maximum of seven, as for personalized
13617-license plates. As provided in this section, an amount of the fee
13618-collected shall be deposited in the Education Reform Revolving Fund
13619-created in Section 34.89 of Title 62 of the Oklahoma Statutes;
13620-68. Sooner State ABATE License Plate - such plates shall be
13621-issued to any person wishing to provide f inancial support for Sooner
13622-State ABATE (A Brotherhood Against Totalitarian Enactments). The
13623-license plates shall be designed in consultation with Sooner State
13624-ABATE. The plates shall be issued to any person in any combination
13625-of numbers and letters from one to a maximum of seven, as for
13626-personalized plates. The license plate for a motorcycle may be of
13627-similar design as space permits or a new design in order to meet the
13628-space requirements of a motorcycle license plate. Service Oklahoma
13629-shall be authorized to enter into a licensing agreement with Sooner
13630-
13631-Req. No. 2200 Page 274 1
13632-2
13633-3
13634-4
13635-5
13636-6
13637-7
13638-8
13639-9
13640-10
13641-11
13642-12
13643-13
13644-14
13645-15
13646-16
13647-17
13648-18
13649-19
13650-20
13651-21
13652-22
13653-23
13654-24
13655-
13656-State ABATE for any licensing fees, which may be require d in order
13657-to use the association’s logo or design. The licensing agreement
13658-shall provide for a payment to Sooner State ABATE of not more than
13659-Twenty Dollars ($20.00) for each license plate issued. Subject to
13660-the provisions of subsection A of this sectio n, the Sooner State
13661-ABATE License Plate is hereby reauthorized effective November 1,
13662-2019;
13663-69. Oklahoma License to Educate License Plate – such plates
13664-shall be designed an d issued to any person wishing to demonstrate
13665-support for Oklahoma educators. Such plates shall be designed in
13666-consultation with the State Department of Education. As provided in
13667-this section, an amount of the fee collected sha ll be deposited in
13668-the Oklahoma Teacher Recruitment Revolving Fund created in Section
13669-6-132 of Title 70 of the Oklahoma Statutes;
13670-70. Piedmont Education Foundation License Plate – such plates
13671-shall be designed and issued to any person wishing to demon strate
13672-support for the Pied mont Public Schools Education Foundation. Such
13673-plates shall be designed in consultation with the Foundation. As
13674-provided in this section, an amount of the fee collected shall be
13675-deposited in the Piedmont Public Schools Educatio n Foundation
13676-License Plate Revolving Fund created in Section 1104.28 of this
13677-title;
13678-71. The Pride of Oklahoma License Plate - such plates shall be
13679-designed and issued to any person wishing to demonstrate support for
13680-
13681-Req. No. 2200 Page 275 1
13682-2
13683-3
13684-4
13685-5
13686-6
13687-7
13688-8
13689-9
13690-10
13691-11
13692-12
13693-13
13694-14
13695-15
13696-16
13697-17
13698-18
13699-19
13700-20
13701-21
13702-22
13703-23
13704-24
13705-
13706-the Pride of Oklahoma marching band and shall be designed in
13707-consultation with the Pride of Oklahoma marching band. Service
13708-Oklahoma shall be authorized to enter into a licensing agreement
13709-with the University of Oklahoma or the Pride of Oklahoma marching
13710-band for any licensing fees which may be required in or der to use
13711-the applicable logo or design. The licensing agreement shall
13712-provide for a payment to the Pride of Oklahoma Fund at the
13713-University of Oklahoma Foundation, Inc. of not more than Twenty
13714-Dollars ($20.00) for each license plate issued;
13715-72. Jenks Trojans License Plate - such plates shall be designed
13716-and issued to any person wishing to demonstrate s upport for the
13717-Jenks school district. The license plates shall be designed in
13718-consultation with the administration of the Jenks school district.
13719-Service Oklahoma shall be authorized to enter into a licensing
13720-agreement with the Jenks school district for any licensing fees
13721-which may be required in order to use the school district’s logo or
13722-design. The licensing agreement shall provide for a payment to the
13723-Jenks school district of not more than Twenty Dollars ($2 0.00) for
13724-each license plate issued;
13725-73. Bixby Spartans License Plate - such plates shall be
13726-designed and issued to any person wishing to demonstrate support for
13727-the Bixby school district. The license plates shall be designed in
13728-consultation with the administration of the Bixby school district.
13729-Service Oklahoma shall be authorized to enter into a licensing
13730-
13731-Req. No. 2200 Page 276 1
13732-2
13733-3
13734-4
13735-5
13736-6
13737-7
13738-8
13739-9
13740-10
13741-11
13742-12
13743-13
13744-14
13745-15
13746-16
13747-17
13748-18
13749-19
13750-20
13751-21
13752-22
13753-23
13754-24
13755-
13756-agreement with the Bixby school district for any licensing fees
13757-which may be required in orde r to use the school district’s logo or
13758-design. The licensing agreement shall provide for a payment to the
13759-Bixby school district of not more than Twenty Dollars ($20.00) for
13760-each license plate issued;
13761-74. Oklahoma Department of Aerospace and Aeronautics License
13762-Plate - such plates shall be des igned and issued to any person
13763-wishing to demonstrate support for the Oklahoma aviation industry
13764-and to promote awareness of aviation and aerospace. Such plates
13765-shall be designed in consultation with the Oklahoma Department of
13766-Aerospace and Aeronautics and shall be issued to any person in any
13767-combination of numbers and letters from one to a maximum of seven,
13768-as for personalized license plates. Twenty-four Dollars ($24.00) of
13769-the fee collected shall be deposited in the Oklahoma Department of
13770-Aerospace and Aeronautics Revolving Fund, for expenditure as
13771-provided in Section 91 of Title 3 of the Oklahoma Statutes;
13772-75. Ducks Unlimited License Plate – such plates shall be
13773-designed and issued to any person wishing to demonstrate support for
13774-Ducks Unlimited. Such plat es shall be designed in consultation with
13775-Ducks Unlimited. Service Oklahoma shall be authorized to enter into
13776-a licensing agreement with Ducks Unlimited for any licensing fee
13777-which may be required in ord er to use the Ducks Unlimit ed logo or
13778-design. The licensing agreement shall provide for a payment to
13779-
13780-Req. No. 2200 Page 277 1
13781-2
13782-3
13783-4
13784-5
13785-6
13786-7
13787-8
13788-9
13789-10
13790-11
13791-12
13792-13
13793-14
13794-15
13795-16
13796-17
13797-18
13798-19
13799-20
13800-21
13801-22
13802-23
13803-24
13804-
13805-Ducks Unlimited of not more than Twenty Dollars ($20.00) for each
13806-license plate issued;
13807-76. Prisoner of War and Missing in Action License Plate - such
13808-plates shall be issued to any person wishing to increa se awareness
13809-of those who are currently prisoners of war or missing in action and
13810-provide financial support for current veterans. The license plates
13811-shall be designed in consultation with Rolling Thu nder Oklahoma. As
13812-provided in this section, an amount o f the fee collected shall be
13813-deposited in the Prisoner of War and Missing in Action License Plate
13814-Revolving Fund created in Section 1104.29 of this title;
13815-77. Woodward Boomers License Plate – such plates shall be
13816-designed and issued to any person wishin g to demonstrate support for
13817-the Woodward school district. The license plates shall be designed
13818-in consultation with the administration of the Woodward school
13819-district. Service Oklahoma shall be authorized to enter into a
13820-licensing agreement with the Wo odward school district for any
13821-licensing fees which may be re quired in order to use the school
13822-district’s logo or design. The licensing agreement shall provide
13823-for a payment to the Woodward school district of not more than
13824-Twenty Dollars ($20.00) for each license plate issued;
13825-78. Clinton Public School Foundation License Plate – such
13826-plates shall be designed and issued to any person wishing to
13827-demonstrate support for the Clinton Public School Foundation. The
13828-license plates shall be designe d in consultation with the Clinton
13829-
13830-Req. No. 2200 Page 278 1
13831-2
13832-3
13833-4
13834-5
13835-6
13836-7
13837-8
13838-9
13839-10
13840-11
13841-12
13842-13
13843-14
13844-15
13845-16
13846-17
13847-18
13848-19
13849-20
13850-21
13851-22
13852-23
13853-24
13854-
13855-Public School Foundation. Service Oklahoma shall be authorized to
13856-enter into a licensing agreement with the Clinton Public School
13857-Foundation for any licensing fees which may be required in order to
13858-use the school foundat ion’s logo or design. The licensing agreement
13859-shall provide for a payment to the Clinton Public School Foundation
13860-of not more than Twenty Dollars ($20.00) for each license plate
13861-issued;
13862-79. Navajo School Foundation License Plate – such plates shall
13863-be issued to any person wishing to demonstrate support for the
13864-Navajo School Foundation. The license plates shall be designed in
13865-consultation with the administration of the Navajo School
13866-Foundation. Service Oklahoma shall be authorized to enter into a
13867-licensing agreement with the Navajo School Foundation for any
13868-licensing fees which may be required in order to use the
13869-Foundation’s logo or design. The licensing agreement shall provide
13870-for a payment to the Navajo School Foundation of not more than
13871-Twenty Dollars ($20.00) for each license plate issued;
13872-80. Oklahoma Music Hall of Fame Inc. License Plate – such
13873-plates shall be designed in consultation with the Oklahoma Music
13874-Hall of Fame Inc. and issued to any member of the organiz ation
13875-wishing to demonstra te support. Service Oklahoma shall be
13876-authorized to enter into a licensing agreement with the Oklahoma
13877-Music Hall of Fame Inc. for any licensing fees which may be required
13878-in order to use the organization’s logo or design. The l icensing
13879-
13880-Req. No. 2200 Page 279 1
13881-2
13882-3
13883-4
13884-5
13885-6
13886-7
13887-8
13888-9
13889-10
13890-11
13891-12
13892-13
13893-14
13894-15
13895-16
13896-17
13897-18
13898-19
13899-20
13900-21
13901-22
13902-23
13903-24
13904-
13905-agreement shall provide for a payment to the Oklahoma Music Hall of
13906-Fame Inc. of not more than Twenty Dollars ($20.00) for each license
13907-plate issued. The plates shall incorporate a numbering system
13908-agreed upon by the Oklahoma Music Hall of Fame I nc. and Service
13909-Oklahoma. Subject to the provisions of subsection A of this
13910-section, the Oklahoma Music Hall of Fame Inc. License Plate is
13911-hereby reauthorized effective November 1, 2019;
13912-81. Techlahoma Foundation Lic ense Plate – such plates shall be
13913-issued to any person wish ing to provide financial support for the
13914-Techlahoma Foundation. The license plate shall be designed in
13915-consultation with the Techlahoma Foundation. The plate shall be
13916-issued to any person in any combination of numbers and letters from
13917-one to a maximum of seven, as for personalized license plates.
13918-Service Oklahoma shall be authorized to enter into a licensing
13919-agreement with the Techlahoma Foundation for any licensing fees,
13920-which may be required in order to use the association’s logo or
13921-design. The licensing agreement shall provide for a payment to the
13922-Techlahoma Foundation of not more than Twenty Dollars ($20.00) for
13923-each license plate issued;
13924-82. Bethany Public Schools Foundation License Plate – such
13925-plates shall be issued to any person wishing to demonstrate support
13926-for the Bethany Public Schools Foundation. The license plates shall
13927-be designed in consultation with the administration of the Bethany
13928-Public Schools Foundation. Service Oklahoma s hall be authorized to
13929-
13930-Req. No. 2200 Page 280 1
13931-2
13932-3
13933-4
13934-5
13935-6
13936-7
13937-8
13938-9
13939-10
13940-11
13941-12
13942-13
13943-14
13944-15
13945-16
13946-17
13947-18
13948-19
13949-20
13950-21
13951-22
13952-23
13953-24
13954-
13955-enter into a licensing agreement with the Bethany Public Schools
13956-Foundation for any licensing fees which may be required in o rder to
13957-use the Foundation’s logo or design. The licensing agreement shall
13958-provide for a payment to the Beth any Public Schools Foundation of
13959-not more than Twenty Dollars ($20.00) for each license plate issued;
13960-83. Cystic Fibrosis Foundation License Pl ate – such plates
13961-shall be issued to any person wishing to demonstrate support for the
13962-Cystic Fibrosis Foundati on. The license plates shall be designed in
13963-consultation with the administration of the Cystic Fibrosis
13964-Foundation. Service Oklahoma shall be a uthorized to enter into a
13965-licensing agreement with the Cystic Fibrosis Foundation for any
13966-licensing fees which may be required in order to use the
13967-Foundation’s logo or design. The licensing agreement shall provide
13968-for a payment to the Cystic Fibrosis Foun dation of not more than
13969-Twenty Dollars ($20.00) for each license plate issued;
13970-84. Down Syndrome Association of Central Oklahoma License Plate
13971-- such plates shall be designed and issued to any person wishing to
13972-demonstrate support for the Down Syndrome Association of Central
13973-Oklahoma. Such plates shall be designed in consultation with the
13974-Association. As provided in this section, an amount of the fee
13975-collected shall be deposited in the Down Syndrome Association of
13976-Central Oklahoma License Plate Revolving Fund created in Section
13977-1104.30 of this title;
13978-
13979-Req. No. 2200 Page 281 1
13980-2
13981-3
13982-4
13983-5
13984-6
13985-7
13986-8
13987-9
13988-10
13989-11
13990-12
13991-13
13992-14
13993-15
13994-16
13995-17
13996-18
13997-19
13998-20
13999-21
14000-22
14001-23
14002-24
14003-
14004-85. Elk City Education Foundation License Plate – such plates
14005-shall be designed and issued to any per son wishing to demonstrate
14006-support for the Elk City Education Foundation. Such plates shall be
14007-designed in consultation with the Foundation. As provided in this
14008-section, an amount of the fee collected shall be deposited in the
14009-Elk City Education Foundati on License Plate Revolving Fund created
14010-in Section 1104.31 of this title;
14011-86. A Brotherhood Aiming Toward Education of Oklahoma (ABATE)
14012-License Plate – such plates shall be designed and issued to any
14013-person wishing to provide financial support for ABA TE of Oklahoma.
14014-Such plates shall be designed in consultation with ABATE of
14015-Oklahoma. The plates shall be issued to any person in any
14016-combination of numbers and letters from one to a maximum of seven,
14017-as for personalized plates. The license plate for a motorcycle may
14018-be of similar design as space permits or a new design in order to
14019-meet the space requirements of a motorcycle license plate. Service
14020-Oklahoma shall be authorized to enter into a licensing agreement
14021-with ABATE of Oklahoma for any licensing f ees which may be required
14022-in order to use the ABATE of Oklahoma logo or design. The licensing
14023-agreement shall provide for a payment to ABATE of Oklahoma of not
14024-more than Twenty Dollars ($20.00) for each license plate issued;
14025-87. Downed Bikers Associ ation License Plate - such plates shall
14026-be designed for a vehicle or motorcycle in any combination of
14027-numbers and letters from one to a maximum of seven, as for
14028-
14029-Req. No. 2200 Page 282 1
14030-2
14031-3
14032-4
14033-5
14034-6
14035-7
14036-8
14037-9
14038-10
14039-11
14040-12
14041-13
14042-14
14043-15
14044-16
14045-17
14046-18
14047-19
14048-20
14049-21
14050-22
14051-23
14052-24
14053-
14054-personalized license plates, and issued to any person wishing to
14055-demonstrate support for the Do wned Bikers Association, a nonprofit
14056-charitable organization exempt from taxation pursuant to the
14057-provisions of the Internal Revenue Code, 26 U.S.C., Section
14058-501(c)(3), which provides emotional and financial support for downed
14059-bikers. The license plate sh all be designed in consultation with
14060-the Central Oklahoma Chapter of the Downed Bikers Association and
14061-shall contain any official logo or design of the organization. The
14062-license plate for a motorcycle may be of similar design as space
14063-permits or a new des ign in order to meet the space requirements of a
14064-motorcycle license plate. Service Oklahoma, if necessary, may enter
14065-into a licensing agreement with the Downed Bikers Association for
14066-any licensing fees which may be required in order to use the
14067-organization’s logo or design. The licensing agreement shall
14068-provide for a payment to the Downed Bikers Association of not more
14069-than Twenty Dollars ($20.00) for each license plate;
14070-88. Eagle Scout License Plate – such plates shall be designed
14071-to demonstrate support for Eagle Scouts of the Boy Scouts of America
14072-and shall include the Eagle Scout logo. Plates may be issued to any
14073-person who can show proof of having obtained the rank of Eagle
14074-Scout. Service Oklahoma shall be authorized to enter into a
14075-licensing agreement with the various Oklahoma local councils for any
14076-licensing fees which may be required in order to use the applicable
14077-logo or design. The licensing agreement shall provide for a payment
14078-
14079-Req. No. 2200 Page 283 1
14080-2
14081-3
14082-4
14083-5
14084-6
14085-7
14086-8
14087-9
14088-10
14089-11
14090-12
14091-13
14092-14
14093-15
14094-16
14095-17
14096-18
14097-19
14098-20
14099-21
14100-22
14101-23
14102-24
14103-
14104-of not more than Twenty Dollars ($20.00) for each license plate
14105-issued to the specific Oklahoma local area council designated by the
14106-applicant;
14107-89. Extraordinary Educators License Plate – such plates shall
14108-be designed and issued to any person wishing to provide financial
14109-support for common education in this state. Such plates shall be
14110-designed in consultation with the State Department of Edu cation.
14111-The plates shall be issued to any p erson in any combination of
14112-numbers and letters from one to a maximum of seven, as for
14113-personalized license p lates. As provided in this section, an amount
14114-of the fee collected shall be deposited in the Extraordi nary
14115-Educators License Plate Revolving Fund created in Section 1104.32 of
14116-this title;
14117-90. Former Oklahoma Legislator License Plate - such plates
14118-shall be designed and issued to any person who previously ser ved as
14119-a member of the House of Representatives or Senate. The license
14120-plates shall be designed in consultation with the Oklahoma
14121-Historical Society. As provided in this section, an amount of the
14122-fee collected shall be deposited i n the Oklahoma Historical Society
14123-Capital Improvement and Operations Revolving Fund created in Section
14124-1.10a of Title 53 of the Oklahoma Statutes. Service Oklahoma shall
14125-create and maintain a list of former members of the House of
14126-Representatives and Senate eligible to be iss ued such plates;
14127-provided, that no former member of t he House of Representatives and
14128-
14129-Req. No. 2200 Page 284 1
14130-2
14131-3
14132-4
14133-5
14134-6
14135-7
14136-8
14137-9
14138-10
14139-11
14140-12
14141-13
14142-14
14143-15
14144-16
14145-17
14146-18
14147-19
14148-20
14149-21
14150-22
14151-23
14152-24
14153-
14154-Senate shall be eligible to possess more than two of such plates at
14155-any one time. Service Oklahoma shall confer as needed with the
14156-Chief Clerk of the House of Representatives and the Secreta ry of the
14157-Senate to confirm that s uch list is complete and accurate;
14158-91. Monarch Butterfly License Plate - such plates shall be
14159-designed and issued to any person wishing to demonstrat e support for
14160-the operations of The Nature Conservancy of Oklahoma. Such plates
14161-shall be designed in cons ultation with the Oklahoma Chapter of The
14162-Nature Conservancy. Service Oklahoma shall be authorized to enter
14163-into a licensing agreement with The Nature Conservancy of Oklahoma
14164-for any licensing fees which may be requir ed in order to use the
14165-foundation’s logo or design. The plates shall be issued to any
14166-person in any combination of numbers and letters from one to a
14167-maximum of seven, as for personalized license plates. The licensing
14168-agreement shall provide for a payment to The Nature Conservancy of
14169-Oklahoma of not more than Twenty Dollars ($20.00) for each license
14170-plate issued;
14171-92. Oklahoma Tennis Foundation License Plate – such plates
14172-shall be designed and issued to any person wishing to demonstrate
14173-support for the Oklahoma Tennis Foundation . The license plates
14174-shall be designed in consultation with the Oklahoma Tennis
14175-Foundation. Service Oklahoma shall be authorized to enter into a
14176-licensing agreement with the Oklahoma Tennis Foundation for any
14177-licensing fees which may be required in order to use the
14178-
14179-Req. No. 2200 Page 285 1
14180-2
14181-3
14182-4
14183-5
14184-6
14185-7
14186-8
14187-9
14188-10
14189-11
14190-12
14191-13
14192-14
14193-15
14194-16
14195-17
14196-18
14197-19
14198-20
14199-21
14200-22
14201-23
14202-24
14203-
14204-foundation’s logo or design. The licensing agreement shall provide
14205-for a payment to the Oklahoma Tennis Foundation of not more than
14206-Twenty Dollars ($20.00) for each license plate issued;
14207-93. Oklahoma Veterans of Foreign Wars License Plate - such
14208-plates shall be designed to honor the Oklahoma Veterans of Foreign
14209-Wars Chapters and shall be issued to any resident of this state upon
14210-proof of membership in the Oklahoma Veterans of Foreig n Wars
14211-organization. The l icense plates shall be designed in consultation
14212-with the Oklahoma Veterans of Foreign Wars organization. Service
14213-Oklahoma shall be authorized to enter into a licensing agreement
14214-with the Oklahoma Veterans of Foreign Wars organiz ation for any
14215-licensing fees which may be required in orde r to use the
14216-organization’s logo or design. The licensing agreement shall
14217-provide for a payment to the Oklahoma Veterans of Foreign Wars
14218-organization of not more than Twenty Dollars ($20.00) for ea ch
14219-license plate issued. S ervice Oklahoma shall reinstate any Veterans
14220-of Foreign Wars license plates issued prior to November 1, 2021, and
14221-shall reimburse any individual who held a Veterans of Foreign Wars
14222-License Plate on October 31, 2021, for fees incu rred for the
14223-replacement of such plate;
14224-94. Oklahoma Women Veterans Organization License Plate – such
14225-plates shall be designed and issued to any female veteran of any
14226-branch of the United States Armed Forces wishing to demonstrate
14227-support for the Oklahoma Women Veterans Organization. The license
14228-
14229-Req. No. 2200 Page 286 1
14230-2
14231-3
14232-4
14233-5
14234-6
14235-7
14236-8
14237-9
14238-10
14239-11
14240-12
14241-13
14242-14
14243-15
14244-16
14245-17
14246-18
14247-19
14248-20
14249-21
14250-22
14251-23
14252-24
14253-
14254-plates shall be designed in consultation with the Oklahoma Women
14255-Veterans Organization. Service Oklahoma shall be authorized to
14256-enter into a licensing agreement with the Oklahoma Women Veterans
14257-Organization for any licensing fees which may be required in order
14258-to use the organization’s logo or design. The licensing agreement
14259-shall provide for a payment to the Oklahoma Women Veterans
14260-Organization of not more than Twenty Dollars ($20.00) for each
14261-license plate issued;
14262-95. FIRST (For Inspiration and Recognition of Science and
14263-Technology) in Oklahoma License Plate - such plates shall be issued
14264-to any person wishing to demonstrate support for FIRST in Oklahoma
14265-Robotics programs. The license plates shall be designed in
14266-consultation with the administration of FIRST in Oklahoma. Service
14267-Oklahoma shall be authorized to enter into a licensing agreement
14268-with FIRST in Oklahoma for any licensing fees which may be required
14269-in order to use the FIRST in Oklahoma logo or design. The lice nsing
14270-agreement shall provide f or a payment to FIRST in Oklahoma of not
14271-more than Twenty Dollars ($20.00) for each license plate issued;
14272-96. Pittsburg State University License Plate – such plates
14273-shall be designed and issued to any person wishing to d emonstrate
14274-support for the Pittsburg State University. The license plates
14275-shall be designed in consultation with Pittsburg State University.
14276-Service Oklahoma shall be authorized to enter into a licensing
14277-agreement with Pittsburg State University for any licensing fees
14278-
14279-Req. No. 2200 Page 287 1
14280-2
14281-3
14282-4
14283-5
14284-6
14285-7
14286-8
14287-9
14288-10
14289-11
14290-12
14291-13
14292-14
14293-15
14294-16
14295-17
14296-18
14297-19
14298-20
14299-21
14300-22
14301-23
14302-24
14303-
14304-which may be required in order to use the school foun dation’s logo
14305-or design. The licensing agreement shall provide for a payment to
14306-the Pittsburg State University of not more than Twenty Dollars
14307-($20.00) for each license plate issued;
14308-97. Greenwood Historical District License Plate – such plates
14309-shall be issued to persons wishing to demonstrate support for the
14310-Tulsa Juneteenth Festival held in the Greenwood Historical District
14311-in Tulsa, Oklahoma. The plates shall be issued to any person in any
14312-combination of numbers and letters fro m one to a maximum of seven,
14313-as for personalized license plates. The license plates shall be
14314-designed in consultation with the Black Wall Street Chamber of
14315-Commerce. Service Oklahoma shall be authorized to enter into a
14316-licensing agreement with the Tulsa Juneteenth Festival for any
14317-licensing fees which may be required in order to use the Festival’s
14318-logo or design. For each license plate issued, the licensing
14319-agreement shall provide for a payment of Twenty-five Dollars
14320-($25.00) of the fee collected to the Tulsa Juneteenth Festival and
14321-an additional Two Dollars ($2.00) of the fee collected shall be
14322-deposited in the Public School Classroom Support Revolving Fund, for
14323-expenditure as provided in Section 1-123 of Title 70 of the Oklahoma
14324-Statutes;
14325-98. Oklahoma Veterans of Foreign Wars Auxiliary Chapters
14326-License Plate - such plates shall be designed to honor the Oklahoma
14327-Veterans of Foreign Wars Auxiliary Chapters and issued to any
14328-
14329-Req. No. 2200 Page 288 1
14330-2
14331-3
14332-4
14333-5
14334-6
14335-7
14336-8
14337-9
14338-10
14339-11
14340-12
14341-13
14342-14
14343-15
14344-16
14345-17
14346-18
14347-19
14348-20
14349-21
14350-22
14351-23
14352-24
14353-
14354-resident of this state upon proof of membership in the Oklahoma
14355-Veterans of Foreign Wars Auxiliary organization in this state. The
14356-license plates shall be designed in consultation with the Oklahoma
14357-Veterans of Foreign Wars Auxiliary organization. Service Oklahoma
14358-shall be authorized to enter into a licensing agreement with the
14359-Oklahoma Veterans of Foreign Wars Auxiliary organization for any
14360-licensing fees which may be required in order to use the
14361-organization’s logo or design. The licensing agreement shall
14362-provide for a payment to the Oklahoma Veterans of Foreign Wars
14363-Auxiliary organization of not more than Twenty Dollars ($20.00) for
14364-each license plate issued;
14365-99. Transportation to Transportation License Plate – such
14366-plates shall be designed and issued to persons wishing to support
14367-county roads and bridges. The lic ense plates shall be designed in
14368-consultation with the Association of County Comm issioners of
14369-Oklahoma. Twenty Dollars ($20.00) of the fee collected shall be
14370-paid to the county treasurer for the county in which the license
14371-plate was purchased to be credit ed to the county highway fund
14372-created pursuant to Section 1503 of Title 69 of the Oklahoma
14373-Statutes;
14374-100. Blue Star Mothers License Plate – such plates shall be
14375-designed and issued to any person showing proof of membership in an
14376-Oklahoma Chapter of Blue Star Mothers of America, Inc. The license
14377-plates shall be designed in consultation with Blue Star Mothers of
14378-
14379-Req. No. 2200 Page 289 1
14380-2
14381-3
14382-4
14383-5
14384-6
14385-7
14386-8
14387-9
14388-10
14389-11
14390-12
14391-13
14392-14
14393-15
14394-16
14395-17
14396-18
14397-19
14398-20
14399-21
14400-22
14401-23
14402-24
14403-
14404-America, Inc., Oklahoma Chapter One. Service Oklahoma shall be
14405-authorized to enter into a licensing agreement with Blue Star
14406-Mothers of America, Inc., Oklahoma Chapter One for any licensing
14407-fees which may be required in order to use the Blue Star Mothers of
14408-America logo or design. The licensing agreement shall provide for a
14409-payment to Blue Star Mothers of America, Inc., Oklahoma Ch apter One
14410-of not more than Twenty Dollars ($20.00) for each license plate
14411-issued;
14412-101. Oklahoma Golf License Plate – such plates shall be
14413-designed and issued to any person wishing to demonstrate support for
14414-the sport of golf in this state. The license plates shall be
14415-designed in consultation with the South Central Section of the
14416-Professional Golfers’ Association of America and issued to any
14417-person wishing to demonstrate support for the sport of golf in this
14418-state. Service Oklahoma shall be authorized to enter i nto a
14419-licensing agreement with the South Central Section of the
14420-Professional Golfers’ Association of America for any licensing fees
14421-which may be required in order to use the organization’s logo or
14422-design. The licensing agreement shall provide for a paymen t to the
14423-South Central Section of the Professional Golfers’ Association of
14424-America of not more than Twenty Dollars ($20.00) for each license
14425-plate issued;
14426-102. Paramedic License Plate - such plates shall be designed
14427-and issued to any person who is a paramedic. Such person s may apply
14428-
14429-Req. No. 2200 Page 290 1
14430-2
14431-3
14432-4
14433-5
14434-6
14435-7
14436-8
14437-9
14438-10
14439-11
14440-12
14441-13
14442-14
14443-15
14444-16
14445-17
14446-18
14447-19
14448-20
14449-21
14450-22
14451-23
14452-24
14453-
14454-for a paramedic license plate for each vehicle with a rated carrying
14455-capacity of one (1) ton or less or a motorcycle upon proof of a
14456-paramedic license. The license plates shal l be designed in
14457-consultation with the Oklah oma State University -Oklahoma City
14458-Paramedicine program and the Oklahoma Emergency Medical Technicians
14459-Association. The letters “PM” shall be placed on the plate followed
14460-by four random numbers, or such numbers as requested by such persons
14461-applying for the plate. Twenty Dollars ($20.00) of the fees
14462-collected shall be deposited in the Emergency Medical Personnel
14463-Death Benefit Revolving Fund created in Section 1-2505.2 of Title 63
14464-of the Oklahoma Statutes. Subjec t to the provisions of subsection A
14465-of this section, the Paramedic L icense Plate is hereby reauthorized
14466-effective November 1, 2022;
14467-103. National Defense Service Medal License Plate – such plates
14468-shall be designed and issued to those persons who have rece ived the
14469-National Defense Serv ice Medal and wish to demonstrate support for
14470-the Oklahoma Department of Veterans Affairs. The license plates
14471-shall be designed in consultation with the Oklahoma Department of
14472-Veterans Affairs. Service Oklahoma shall be auth orized to enter
14473-into a licensing agreement with the Oklahoma Dep artment of Veterans
14474-Affairs for any licensing fees which may be required in order to use
14475-the Department’s logo or design. The licensing agreement shall
14476-provide for a payment to the Oklahoma D epartment of Veterans Affairs
14477-
14478-Req. No. 2200 Page 291 1
14479-2
14480-3
14481-4
14482-5
14483-6
14484-7
14485-8
14486-9
14487-10
14488-11
14489-12
14490-13
14491-14
14492-15
14493-16
14494-17
14495-18
14496-19
14497-20
14498-21
14499-22
14500-23
14501-24
14502-
14503-of not more than Twenty Dollars ($ 20.00) for each license plate
14504-issued;
14505-104. University of Oklahoma RUF/NEKS License Plate – such
14506-plates shall be designed and issued to any past or present member of
14507-the University of Oklahom a RUF/NEKS upon providing proof of
14508-membership in the organiz ation as may be required by Service
14509-Oklahoma. The license plates shall be designed in consultation with
14510-the University of Oklahoma RUF/NEKS. Service Oklahoma shall be
14511-authorized to enter into a licensing agreement with the University
14512-of Oklahoma RUF/NEKS for any licensing fees which may be requir ed in
14513-order to use the organization’s logo or design. The licensing
14514-agreement shall provide for a payment to the Mike James RUF/NEKS
14515-Memorial Scholarship of not more than Twenty Dollars ($20.00) for
14516-each license plate issued;
14517-105. Tulsa Community College License Plate – such plates shall
14518-be issued to persons wishing to support Tulsa Community College.
14519-The plates shall be designed in consultation with T ulsa Community
14520-College. Service Oklahoma shall be auth orized to enter into a
14521-licensing agreement with Tulsa Community College for any licensing
14522-fees which may be required in order to use the organization’s logo
14523-or design. The licensing agreement shall pr ovide for a payment to
14524-Tulsa Community College of not m ore than Twenty Dollars ($20.00) for
14525-each license plate issued;
14526-
14527-Req. No. 2200 Page 292 1
14528-2
14529-3
14530-4
14531-5
14532-6
14533-7
14534-8
14535-9
14536-10
14537-11
14538-12
14539-13
14540-14
14541-15
14542-16
14543-17
14544-18
14545-19
14546-20
14547-21
14548-22
14549-23
14550-24
14551-
14552-106. Street Kings Car Club License Plate – such plates shall be
14553-designed and issued to any person wishing to demonstrate support for
14554-the Street Kings Car Club in Guthrie. The license plates shall be
14555-designed in consultation with the Street Kings Car Club. Service
14556-Oklahoma shall be authorized to enter into a licensing agreement
14557-with the Street Kings Car Club for any licensing fees which may be
14558-required in order to use the organization’s logo or design. The
14559-licensing agreement shall pr ovide for a payment to the Street Kings
14560-Car Club of not more than Twenty Dollars ($20.00) for each license
14561-plate issued;
14562-107. Epilepsy Foundation License Plate – such plates shall be
14563-designed and issued to any person wishing to demonstrate support for
14564-the Epilepsy Foundation. The license plates shall be designed in
14565-consultation with the Epilepsy Foundation of Oklahoma. Service
14566-Oklahoma shall be authorized to enter into licensing agreements with
14567-the Epilepsy Foundation for any licensing fees which may be required
14568-in order to use the organization’s logo or design. The licensing
14569-agreement shall provide for a payment to the Epilepsy Foundation of
14570-not more than Twenty Dollars ($20.00) for each license plate issued;
14571-108. America First License Plate – such plates shall be
14572-designed and issued to any person wishing to demonstrate support for
14573-the proclamation of “America First”. The license plates shall be
14574-designed in consultation with Warriors for Freedom and the Honoring
14575-America’s Warriors Foundations. Service Oklahoma shall be
14576-
14577-Req. No. 2200 Page 293 1
14578-2
14579-3
14580-4
14581-5
14582-6
14583-7
14584-8
14585-9
14586-10
14587-11
14588-12
14589-13
14590-14
14591-15
14592-16
14593-17
14594-18
14595-19
14596-20
14597-21
14598-22
14599-23
14600-24
14601-
14602-authorized to enter into licensing agreements with the Warriors for
14603-Freedom and Honoring America’s Warriors Foundations for any
14604-licensing fees which may be required in order to use the
14605-Foundations’ logos or designs. The licensing agreements shall
14606-provide for a payment to the Honoring America’s Warriors Foundation
14607-of not more than Ten Dollars ($10.00) and a payment to the Warriors
14608-for Freedom Foundation of not more than Ten Dollars ($10.00) for
14609-each license plate issu ed;
14610-109. Diabetes Awareness Li cense Plate – such plates shall be
14611-designed and issued to any person wishing to provide financial
14612-support for Diabetes Solutions of Oklahoma. The license plates
14613-shall be designed in consultation with Diabetes Solutions of
14614-Oklahoma. Service Oklahoma shall be authorized to enter into
14615-licensing agreements with Diabetes Solutions of Oklahoma for any
14616-licensing fees which may be required in order to use the Diabetes
14617-Solutions of Oklahoma logos or designs. The licensing agreements
14618-shall provide for a deposit to the Diabetes Awareness License Plate
14619-Revolving Fund established in Section 1104.33 of this title;
14620-110. Alliance of Mental Health Providers of Oklahoma License
14621-Plate – such plates shall be des igned and issued to any person
14622-wishing to demonstrate support for the Alliance of Mental Health
14623-Providers of Oklahoma. The license plates shall be designed in
14624-consultation with the Alliance of Mental Health Providers of
14625-Oklahoma. Service Oklahoma shall be authorized to enter into
14626-
14627-Req. No. 2200 Page 294 1
14628-2
14629-3
14630-4
14631-5
14632-6
14633-7
14634-8
14635-9
14636-10
14637-11
14638-12
14639-13
14640-14
14641-15
14642-16
14643-17
14644-18
14645-19
14646-20
14647-21
14648-22
14649-23
14650-24
14651-
14652-licensing agreements with the Alliance of Mental Health Providers of
14653-Oklahoma for any licensing fees which may be required in order to
14654-use the organization’s logo or design. The licensing agreement
14655-shall provide for a payment to the Alliance of Mental Health
14656-Providers of Oklahoma of not more than Twenty Dollars ($20.00) for
14657-each license plate issued; and
14658-111. Stillwater Public Schools License Plate - such plates
14659-shall be designed and issued to any person wishing to demonstrate
14660-support for the Stillwater School Dis trict. The license plates
14661-shall be designed in consultation w ith the administration of the
14662-Stillwater School District. Service Oklahoma shall be authorized to
14663-enter into a licensing agreement with the Stillwater School District
14664-for any licensing fees which may be required in order to use the
14665-school district’s logo or design. The licensing agreement shall
14666-provide for a payment to the Stillwater School District of not more
14667-than Twenty Dollars ($20.00) for each license plate issued.
14668-C. The fee for such plates shall be Thirty-five Dollars
14669-($35.00) per year of renewal and shall be in addition to all other
14670-registration fees provided by the Oklahoma Vehicle License and
14671-Registration Act. The fee shall be apportioned as follows :
14672-1. Twenty Dollars ($20.00) per year of renewal or any other
14673-amount as provided in this title of the fee shall be apportioned as
14674-provided or deposited in a fund as specified within the paragraph
14675-authorizing the special license plate;
14676-
14677-Req. No. 2200 Page 295 1
14678-2
14679-3
14680-4
14681-5
14682-6
14683-7
14684-8
14685-9
14686-10
14687-11
14688-12
14689-13
14690-14
14691-15
14692-16
14693-17
14694-18
14695-19
14696-20
14697-21
14698-22
14699-23
14700-24
14701-
14702-2. Eight Dollars ($8.00) per yea r of renewal of the fee shall
14703-be deposited in the Tax Commission Reimbursement Fund to be used for
14704-the administration of the Oklahoma Vehicle License and Registration
14705-Act. Beginning January 1, 2023, Eight Dollars ($8.00) per year of
14706-renewal of the fee shall be deposited in the Service Oklahoma
14707-Reimbursement Fund to be used for the administration of the Oklahoma
14708-Vehicle License and Registration Act; and
14709-3. Any remaining amounts of the fee shall be apportioned as
14710-provided in Section 1104 of this t itle.
14711-SECTION 43. AMENDATORY 47 O.S. 2021, Section 1140, as
1609+ENGR. S. B. NO. 622 Page 32 1
1610+2
1611+3
1612+4
1613+5
1614+6
1615+7
1616+8
1617+9
1618+10
1619+11
1620+12
1621+13
1622+14
1623+15
1624+16
1625+17
1626+18
1627+19
1628+20
1629+21
1630+22
1631+23
1632+24
1633+
1634+SECTION 13. AMENDATORY 47 O.S. 2021, Section 1140, as
147121635 amended by Section 174, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
147131636 2022, Section 1140), is amended to r ead as follows:
147141637 Section 1140. A. The Service Oklahoma Operator Board shall
147151638 adopt rules prescribing minimum qualifications and requirements for
147161639 locating Service Oklahoma locations and for persons applying for a
147171640 license to operate a designated Service Oklahoma location. Such
147181641 qualifications and requirements shall include, but not be limited
147191642 to, the following:
147201643 1. Necessary job skills and experience;
147211644 2. Minimum office hours;
147221645 3. Provision for sufficient staffing, equipment, office space
147231646 and parking to provide maximum efficiency and maximum convenience to
147241647 the public;
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147511648 4. Obtainment of a faithful performance surety bond as provided
147521649 for by law;
147531650 5. That the applicant has not been convicted of a felony and
147541651 that no felony charges are pending against the applicant;
147551652 6. That the location specified in the individual’s application
147561653 for a license to operate a designated Service Oklahoma location not
147571654 be owned by a member of Service Oklahoma or an employee of Service
147581655 Oklahoma or any person related to a member of Service Oklahoma or an
147591656 employee of Service Oklahoma within the third degree by
147601657 consanguinity, marriage, or adoption and that the location not be
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147611684 within a three-mile radius of an existing licensed operator unless
147621685 the applicant is assuming the location of an operating licensed
147631686 operator;
147641687 7. That a single website, designated by Service Oklahoma, will
147651688 be used for the distribution of services provided by Service
147661689 Oklahoma with motor vehicle services to be fulfilled by licensed
147671690 operators;
147681691 8. That licensed operators will attend all required training
147691692 provided by Service Oklahoma; and
147701693 9. That there should be at least one Service Oklahoma location
147711694 in each county.
147721695 B. 1. Any person making application to the Service Oklahoma
147731696 Operator Board for the purpose of obtaining a license to operate a
147741697 designated Service Oklahoma location shall pay, when submitting the
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148011698 application, a nonrefundable application fee of One Hundred Dollars
148021699 ($100.00). All such application fees shall be deposited in the
148031700 Oklahoma Tax Commission Revolving Fund. Beginning January 1, 2023,
148041701 all such application fees shall be deposited in the Service Oklahoma
148051702 Revolving Fund.
148061703 2. Any person making application to the Service Oklahoma
148071704 Operator Board for the purpose of obtaining a license to oper ate a
148081705 designated Service Oklahoma location must meet standardization and
148091706 branding requirements established by the Service Oklahoma Operator
148101707 Board, upon recommendations from Service Oklahoma. Upon approval,
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148111734 the person must either pay a fee to Service Oklah oma for all costs
148121735 related to meeting the standardization and branding requirements or
148131736 obtain approval from the Service Oklahoma Operator Board that the
148141737 location meets all standardization and branding requirements. All
148151738 such fees shall be deposited in the S ervice Oklahoma Revolving Fund.
148161739 The amount of the license fee will be determined by the Service
148171740 Oklahoma Operator Board. This provision shall not apply to any
148181741 existing Service Oklahoma location.
14819-3. Any person shall have been a resident of this state for a
14820-period of six (6) months prior to submitting an application for a
14821-license to operate a designated Service Oklahoma l ocation. If a
14822-licensed operator moves his o r her residence to a place outside this
14823-state, the licensed operator shall provide notice to the Service
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14850-Oklahoma Operator Board and sell his or her license within ninety
14851-(90) days of such notice.
148521742 C. Upon application by a person to serve as a licensed
148531743 operator, the Service Oklahoma Operator Board is authorized to make
14854-a determination whether such person and such location meets the
1744+a determination whethe r such person and such location meets meet the
148551745 criteria and guidelines established by the Service Oklahoma Operator
148561746 Board and, if such be the case, may issue a license to operate a
148571747 designated Service Oklahoma location.
148581748 D. 1. A licensed operator may be permitted, upon application,
148591749 to sell or transfer an existing license to operate a designated
148601750 Service Oklahoma location . Any sale or transfer o f a license is
148611751 subject to approval of the Service Oklahoma Operator Board. In
148621752 order to sell or transfer an existing licensed operator license, the
148631753 licensed operator shall meet the following guidelines and
148641754 requirements:
148651755 a. the licensed operator shall be in good standing with
148661756 the Service Oklahoma Operator Board,
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148671783 b. the licensed operator shall have held a licensed
148681784 operator license, issued by the Service Oklahoma
148691785 Operator Board, for a minimum of five (5) years, and
148701786 c. the licensed operator shall provide the Service
148711787 Oklahoma Operator Board evidence that the proposed
148721788 buyer or transferee of the licensed operator licensee
148731789 meets the qualifications and requirements set forth in
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149001790 subsection A of this section, has the ability to meet
149011791 all financial requirements and terms of any current
149021792 existing contract between the licensed operator and
149031793 Service Oklahoma, and agrees to the onboarding and
149041794 training requirements of Service Oklahoma, as
149051795 established by Service Oklahoma and the Service
149061796 Oklahoma Operator Board.
149071797 2. The purchase price of a licensed operator license shall be
149081798 agreed upon by the licensed operator and the individual purchasing
149091799 the license to operate a designated Service Oklahoma location.
149101800 However, the purchaser or transferee agrees to pay a t ransfer fee to
149111801 Service Oklahoma in the amount of three percent (3%) of the last
149121802 annual gross revenue from fees retained at the Service Oklahoma
149131803 location to be purchased, not to exceed Fifteen Thousand Dollars
149141804 ($15,000.00). The transfer fee shall be deposited in the Service
149151805 Oklahoma Revolving Fund.
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149161832 3. Upon receipt of the application to sell or transfer an
149171833 existing licensed operator license, the Service Oklahoma Operator
149181834 Board will determine whether the licensed operator license may be
149191835 sold or transferred on the condition that the existing lo cation is
149201836 in good standing and the new licensee meets the requirements
149211837 outlined in Section 1140 et seq. of this title.
149221838 4. The Service Oklahoma Operator Board may, at its discretion,
149231839 buy back a licensed operator license from a licensed operator who
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149501840 desires to sell or transfer its licensed operator license but has
149511841 held a licensed operator license issued by Service Oklahoma for less
149521842 than five (5) years. The purchase price for such a license will be
149531843 one-half (1/2) times the most recent annual gross revenue from fees
149541844 retained of that Service Oklahoma location, not to exceed Two
149551845 Hundred Thousand Dollars ($200,000.00).
14956-5. Licensed operators issued a license to operate a designated
14957-Service Oklahoma location on January 1, 2023, may be permitted, upon
14958-application, to sell or transfer their existing license within the
14959-first five (5) years. Any sale or transfer of such license is
14960-subject to the approval of the Service Oklahoma Operator Board.
14961-a. In order to sell or transfer the existing license
14962-within the first five (5) years, the licensed operator
14963-shall meet the following guidelines and requirem ents:
14964-(1) the licensed operator shall be i n good standing
14965-with the Service Oklahoma Operator Board, and
14966-(2) the licensed operator shall provide the Service
14967-Oklahoma Operator Board evidence that the
14968-proposed buyer or transferee of the licensed
14969-operator licensee meets the qualifications and
14970-requirements set forth in this section, has the
14971-ability to meet all financial requirements and
14972-terms of any current existing contract between
14973-the licensed operator and Service Oklahoma, and
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15000-agrees to the onboarding and tra ining
15001-requirements of Service Oklahoma, as established
15002-by Service Oklahoma and the Service Oklahoma
15003-Operator Board.
15004-b. The branding and physical standardization exemption
15005-specified in this section shall not transfer to the
15006-purchaser, unless:
15007-(1) the licensed operator submitted a contingent
15008-resignation and the purchaser submitted a
15009-relation application to the Oklahoma Tax
15010-Commission prior to May 19, 2022, or
15011-(2) the purchaser is related to the licensed operator
15012-within the third degree by consanguinity,
15013-marriage, or adoption.
150141846 E. 1. Licensed operators shall be subject to all laws relating
150151847 to licensed operators and shall be subject to removal for cause by
150161848 the Service Oklahoma Operator Board. Any action taken by Service
150171849 Oklahoma to revoke a license shall be pursuant to and in accordance
150181850 with the provisions of the Administrative Procedures Act. For the
150191851 purposes of this section, “for cause” shall be defined as follows:
150201852 a. repeated violations of written contracts, rules,
150211853 regulations and statutes pertaining to licensed
150221854 operators after written warning by the Service
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150491881 Oklahoma Operator Board and an opportunity to correct
150501882 such violations,
150511883 b. failure of the licensed operator to promptly remit
150521884 funds owed to Service Oklahoma upon written demand,
150531885 c. being charged with a felony crime involving dishonesty
150541886 or moral turpitude,
150551887 d. failure to timely file state and federal income tax
150561888 returns, or
150571889 e. any act of official misconduct as set forth in Section
150581890 93 of Title 51 of the Okla homa Statutes.
150591891 In the event a license is revoked by the Service Oklahoma
150601892 Operator Board for cause, the Service Oklahoma location operated by
150611893 the licensed operator will be permanently closed and the licensed
150621894 operator shall not be entitled to any compensation.
150631895 Motor license agents and licensed operators in good standing as
150641896 of November 1, 2022, shall be exempt from the branding and physical
150651897 standardization requirements to be established by the Service
15066-Oklahoma Operator Board, with the recommendation of the Director of
15067-Service Oklahoma.
1898+Oklahoma Operator Board, with the recommendation of the Executive
1899+Director of Service Oklahoma.
150681900 2. A license to operate a designated Service Oklahoma location
150691901 may be revoked by the Service Oklahoma Operator Board for failure to
150701902 meet the standards for customer satisfaction established by the
150711903 Service Oklahoma Operator Board. In the event of revocation, the
150721904 licensed operator shall sell his or her license to operate a Service
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150991931 Oklahoma location to Service Oklahoma at a rate of one-half (1/2)
151001932 times the most recent annual gross reve nue from fees retained of
151011933 that Service Oklahoma location, not to exceed Two Hundred Thousand
151021934 Dollars ($200,000.00).
151031935 F. All licensed operators shall be licensed by and under the
151041936 supervision of Service Oklahoma; provided, any agent authorized to
151051937 issue registrations pursuant to the International Registration Plan
151061938 shall also be under the supervision of the Corporation Commission,
151071939 subject to rules promulgated by the Corporation Commission pursuant
151081940 to the provisions of subsection E of Section 1166 of this title.
151091941 Service Oklahoma shall be the holder of all licenses and has the
151101942 right to approve and revoke such licenses. After obtaining a
151111943 license, any such licensed operator shall furnish and file with
151121944 Service Oklahoma a bond in such amount as may be fixed by Service
151131945 Oklahoma. Such licensed operator shall be removable at the will of
151141946 Service Oklahoma. Such licensed operator shall perform all duties
151151947 and do such things in the administration of the laws of this state
151161948 as shall be enjoined upon and required by the Service Oklahoma
151171949 Operator Board. Provided, Service Oklahoma may operate a Service
151181950 Oklahoma location in any county where a vacancy occurs, as
151191951 determined by Service Oklahoma.
151201952 G. In the event of a vacancy due to the death of a licensed
151211953 operator, the licensed operator’s designee or a licensed operator
151221954 location employee shall immediately notify Service Oklahoma. A
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151491981 licensed operator may designate an individual to continue to operate
151501982 the Service Oklahoma location upon the death of the licensed
151511983 operator. The designee shall apply to obtain a license to operate
151521984 the vacant licensed operator location with the Service Oklahoma
151531985 Operator Board within thirty (30) days of the licensed operator’s
151541986 death. In the event that no designee is designated or that the
151551987 designee fails to apply to be a licensed operator with Service
151561988 Oklahoma within thirty (30) days, Service Oklahoma may take any and
151571989 all action it deems appropriate in order to provide for the orderly
151581990 transition and the maintenance of operations of the Service Oklahoma
151591991 location, as permitted by law.
151601992 H. When an application for registration is made with Service
151611993 Oklahoma, the Corporation Commission or a licensed operator, a
151621994 registration fee of One Dollar and seventy-five cents ($1.75) shall
151631995 be collected for each license plate or decal issued. Such fees
151641996 shall be in addition to the registration fees on motor vehicles and
151651997 when an application for registration is made to the licensed
151661998 operator, such licensed operator shall retain a fee as provided in
151671999 Section 1141.1 of this title. When the fee is paid by a person
151682000 making application directly with Service Oklahoma or the Corporation
151692001 Commission, as applicable, the registration fees shall be in the
151702002 same amount as provided for licensed operators and the fee provided
151712003 by Section 1141.1 of this title shall be deposited in the Oklahoma
151722004 Tax Commission Revolving Fund or as provided in Section 1167 of this
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151992031 title, as applicable. Beginning January 1, 2023, the fee provided
152002032 by Section 1141.1 of this title shall be deposited in the Service
152012033 Oklahoma Revolving Fund or as provided in Section 1167 of this
152022034 title, as applicable. Service Oklahoma shall prepare schedules of
152032035 registration fees and charges for titles which shall include the
152042036 fees for such licensed operators and all fees and charges paid by a
152052037 person shall be listed separately on the application and
152062038 registration and totaled on the application and registration. The
152072039 licensed operators shall charge only such fees as are specifically
152082040 provided for by law, and all such authorized fees shall be posted in
152092041 such a manner that any person shall have not ice of all fees that are
152102042 imposed by law.
152112043 I. Any licensed operator shall be responsible for all costs
152122044 incurred by Service Oklahoma when relocating an existing Service
152132045 Oklahoma location. The Service Oklahoma Operator Board may waive
152142046 payment of such costs in case of unforeseen business or emergency
152152047 conditions beyond the control of the licensed operator.
152162048 J. Any existing contracts by or between any motor license agent
152172049 and the Oklahoma Tax Commission shall be assigned to Service
152182050 Oklahoma. All existing motor license agents in good standing with
152192051 the Oklahoma Tax Commission will be offered a subsequent contract
152202052 from Service Oklahoma to become a licensed operator to take effect
152212053 on January 1, 2023. The contract between existing motor license
152222054 agents and Service Oklahoma shall be agreed to no later than
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152492081 December 31, 2022. In the event an existing motor license agent
152502082 declines to enter into the subsequent contract with Service Oklahoma
152512083 to become a licensed operator, that motor license agent may continue
152522084 to conduct business pursuant to the existing contract through
152532085 December 31, 2025, so long as that motor license agent remains in
152542086 good standing with Service Oklahoma in accordance with the terms of
152552087 the existing contract.
15256-SECTION 44. AMENDATORY 63 O.S. 2021, Section 1-229.13,
15257-is amended to read as follo ws:
15258-Section 1-229.13. A. It is unlawful for any p erson to sell,
15259-give or furnish in any manner any tobacco product, nicotine product
15260-or vapor product to another person who is under twenty-one (21)
15261-years of age, or to purchase in any manner a tobacco produ ct,
15262-nicotine product or vapor product on behalf of any such person. It
15263-shall not be unlawful for an employee under twenty-one (21) years of
15264-age to handle tobacc o products, nicotine products or vapor products
15265-when required in the performance of the employe e’s duties.
15266-B. A person engaged in the sale or di stribution of tobacco
15267-products, nicotine products or vapor products shall demand proof of
15268-age from a prospectiv e purchaser or recipient if an ordinary person
15269-would conclude on the basis of appearance that t he prospective
15270-purchaser may be under twenty -one (21) years of age.
15271-If an individual engaged in the sale or distribution of tobacco
15272-products, nicotine products o r vapor products has demanded proof of
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15299-age from a prospective purchaser or recipient who is not under
15300-twenty-one (21) years of age, the failure to subsequently require
15301-proof of age shall not constitute a violation of this subsection.
15302-C. 1. When a person violates subsection A or B of this
15303-section, the Alcoholic Beverage Laws Enforcement (ABLE) Comm ission
15304-shall impose an administrative fine of:
15305-a. not more than One Hundred Dollars ($100.00) for the
15306-first offense,
15307-b. not more than Two Hundred Dollars ($200.0 0) for the
15308-second offense within a two-year period following the
15309-first offense,
15310-c. not more than Three Hundred Dollars ($300.00) for a
15311-third offense within a two-year period following the
15312-first offense. In addition to any other penalty, the
15313-store’s license to sell tobacco products or nicotine
15314-products or the store’s sales tax permit for a store
15315-that is predominantly engaged in the sale of vap or
15316-products in which the sale of other products is merely
15317-incidental may be suspended for a period not exceeding
15318-thirty (30) days, or
15319-d. not more than Three Hundred Dollars ($300.00) for a
15320-fourth or subsequent o ffense within a two-year period
15321-following the first offense. In addition to any other
15322-penalty, the store’s license to sell tobacco products
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15349-or nicotine products or the store’s sales tax permit
15350-for a store that is predominantly engaged in the sale
15351-of vapor products in which the sale of other product s
15352-is merely incidental may be suspended for a period not
15353-exceeding sixty (60) days.
15354-2. When it has been determined t hat a penalty shall include a
15355-license or permit suspension, the ABLE Commission shall notify th e
15356-Oklahoma Tax Commission, and the Tax Comm ission shall suspend the
15357-store’s license to sell tobacco products or nicotine products or the
15358-store’s sales tax permit for a store that is predominantly engaged
15359-in the sale of vapor products in which the sale of o ther products is
15360-merely incidental at the l ocation where the offense occurred for the
15361-period of time prescribed by the ABLE Commission.
15362-3. Proof that the defend ant demanded, was shown, and reasonably
15363-relied upon proof of age shall be a defense to any acti on brought
15364-pursuant to this section. A pe rson cited for violating this section
15365-shall be deemed to have reasonably relied upon proof of age, and
15366-such person shall not be found guilty of the violation if such
15367-person proves that:
15368-a. the individual who purcha sed or received the tobacco
15369-product, nicotine product or vapor product presented a
15370-driver license or other government-issued photo
15371-identification purporting to e stablish that such
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15398-individual was twenty-one (21) years of age or older,
15399-or
15400-b. the person cited for the violation confirmed the
15401-validity of the driver license or other government-
15402-issued photo identification presented by such
15403-individual by performing a tran saction scan by means
15404-of a transaction scan device.
15405-Provided, that this defense shall not relie ve from liability any
15406-person cited for a violation of this section if the person failed to
15407-exercise reasonable diligence to determine whether the physical
15408-description and picture appearing on the driver license or other
15409-government-issued photo identificati on was that of the individual
15410-who presented it. The availability of the defense described in this
15411-subsection does not affect the availability of any other defen se
15412-under any other provision of law.
15413-D. If the sale is made by an employee of the owner of a s tore
15414-at which tobacco products, nicotine products or vapor products are
15415-sold at retail, the employee shall be guilty of the violation and
15416-shall be subject to the fine. Each violation by any employee of an
15417-owner of a store licensed to sell tobacco products or nicotine
15418-products or permitted to sell vapor products shall be deemed a
15419-violation against the owner for purposes of a license suspension
15420-pursuant to subsecti on C of this section. Each violation by an
15421-employee of a store predominantly engaged in the sa le of vapor
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15448-products in which the sale of other products is merely incidental
15449-shall be deemed a violation against the owner for purposes of a
15450-sales tax permit suspension pursuant to the provisions of subsection
15451-C of this section. An owner of a store licen sed to sell tobacco
15452-products or nicotine products or permitted to sell vapor products
15453-shall not be deemed in violation of the provisions of the Prevention
15454-of Youth Access to Tobacco Act for any acts constituting a violation
15455-by any person, when the violatio n occurs prior to actual employment
15456-of the person by the storeowner or the violation occurs at a
15457-location other than the owner’s retail store. For purposes of
15458-determining the liability of a person controlling franchises or
15459-business operations in multiple locations, for any violations of
15460-subsection A or B of this section, each individual franchise or
15461-business location shall be deemed a separate entity.
15462-E. On or before December 15, 1997, the ABLE Commission shall
15463-adopt rules establishing a method of notific ation of storeowners
15464-when an employee of such storeowner has been determined to be in
15465-violation of this section by the ABLE Commission or convicted of a
15466-violation by a municipality.
15467-F. 1. Upon failure of the employee to pay the administrative
15468-fine within ninety (90) days of the day of the assessment of such
15469-fine, the ABLE Commission shall notify the Department of Public
15470-Safety Service Oklahoma, and the Department Service Oklahoma shall
15471-suspend or not issue a driver license to the employee until proof of
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15498-payment has been furnished to the Department of Public Safety
15499-Service Oklahoma.
15500-2. Upon failure of a storeowner to pay the administrative fine
15501-within ninety (90) days of the assessment of the fine, the ABLE
15502-Commission shall notify the Tax Commission, and t he Tax Commission
15503-shall suspend the store’s license to sell tobacco products or
15504-nicotine products or the store’s sales tax permit for a store that
15505-is predominantly engaged in the sale of vapor products in which the
15506-sale of other products is merely incident al until proof of payment
15507-has been furnished to the Oklahoma Tax Commission.
15508-G. Cities and towns may enact and municipal police officers may
15509-enforce ordinances prohibiting and penalizing conduct under
15510-provisions of this section, but the provisions of muni cipal
15511-ordinances shall be the same as provided for in this section, and
15512-the penalty provisions under such ordinances shall not be more
15513-stringent than those of th is section.
15514-H. County sheriffs may enforce the provisions of the Prevention
15515-of Youth Access to Tobacco Act.
15516-SECTION 45. AMENDATORY 68 O.S. 2021, Section 118, is
15517-amended to read as follows:
15518-Section 118. A. Upon receipt of a written request from a
15519-member or employee of the Legislature, the Oklahoma Tax Commission
15520-shall provide:
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15546-
15547-1. A written estimate of the revenue gain or loss to the state
15548-as a result of an actual or proposed change to a any state tax law
15549-within the implementation , enforcement and collection duties and
15550-responsibilities of the Tax Commission ; provided, upon request of a
15551-legislative member or staff, Service Oklahoma shall be responsible
15552-for furnishing written estimates of revenue gains or losses
15553-attributable to current or proposed amendments to any state law
15554-under its statutorily assi gned functions and responsibilities;
15555-2. A written statement of the Tax Commission’s recommendation
15556-to the State Board of Equalization as to the change in the amount
15557-certified as available f or appropriation by the Legislature as a
15558-result of an actual or proposed change to a state tax law; and
15559-3. A written statement outlining all analysis and methodology
15560-provided by or made available by the Tax Commission to the State
15561-Board of Equalization fo r the purpose of influencing or serving as
15562-the basis for an official action of the State Board of Equalization.
15563-The Tax Commission shall provide such estimate and statement
15564-within two (2) weeks of the date the request was received unless the
15565-member or employee of the Legislature specifies an earlier date.
15566-B. On or after December 31, 2009, and sub ject to the
15567-availability of funds, the Tax Commission sha ll develop the
15568-estimates and statements required by subsection A of this section
15569-utilizing a dynamic reven ue estimating model. Such model shall take
15570-into consideration changes in economic activity a s a result of the
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15596-
15597-proposed legislation and consequent rev enue gains or losses due to
15598-factors such as taxpayer behavior, employment and business
15599-investment. The Tax Commission may, subject to the laws of this
15600-state relating to confidentiality of informatio n, contract with
15601-institutions of higher education in this state or other entities to
15602-perform its duties as set forth in this subsection. The Tax
15603-Commission is authorized to promulgate rules to carry out the
15604-implementation of this section.
15605-C. For the purpose of providing an annual forecast of gross
15606-production tax revenues from the production of natural and
15607-casinghead gas to the Office of Management and Enterprise S ervices,
15608-the Tax Commission shall subscribe to appropriate reference
15609-materials which provide economic outlook of future gas prices that
15610-have most closely followed the historical trend of Oklahoma gas
15611-prices. To determine the average differential between t he published
15612-forecasted prices and Oklahoma gas prices, the Tax Commission shall
15613-compare prices in at least twenty-four (24) of the immediate thirty -
15614-six (36) previous months of production. The Tax Commission shall
15615-utilize the procedures provided herein to forecast the collection of
15616-gross production tax revenues from the production of natural and
15617-casinghead gas for the fiscal year beginning July 1, 2005 , and each
15618-fiscal year thereafter.
15619-SECTION 46. AMENDATORY 70 O .S. 2021, Section 19-115, is
15620-amended to read as follows:
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15646-
15647-Section 19-115. A. The establishment , conduct and scope of the
15648-driver education program for secondary schools shall be the program
15649-established by rules adopted and promulgated by the State Board of
15650-Education, subject to the requirements and exceptions set forth in
15651-Section 19-113 et seq. of this title. Said program shall be
15652-established and maintained only in accor dance with such rules and
15653-laws. The State Superintendent of Public Instruction shall p repare
15654-an administrative budget from funds made available under this
15655-article, which budget shal l be approved by the State Board of
15656-Education. It shall be the responsibi lity of the State
15657-Superintendent of Public Instruction to appoint supervisors of
15658-safety education and the necessary clerical personnel.
15659-B. The State Department of Education shall de signate or employ
15660-a state coordinator of driver education programs to prov ide
15661-oversight of all driver education programs throughout the state.
15662-The responsibilities of such coordinator shall include, but not be
15663-limited to:
15664-1. Assuring quality driver educa tion programs in this state;
15665-2. Serving as a liaison between the State De partment of
15666-Education and the Department of Public Safety Service Oklahoma;
15667-3. Promoting driver safety throughout the state; and
15668-4. Coordinating the activities of the supervisors o f safety
15669-education and the necessary clerical staff.
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15695-
15696-SECTION 47. AMENDATORY 75 O.S. 2021, Section 250.4, is
15697-amended to read as follows:
15698-Section 250.4. A. 1. Except as is otherwise specifically
15699-provided in this subsection, each a gency is required to comply with
15700-Article I of the Administrative Procedure s Act.
15701-2. The Corporation Commission shall be required to comply with
15702-the provisions of Article I of the Administrative Procedures Act
15703-except for subsections A, B, C and E of Sectio n 303 of this title
15704-and Section 306 of this title. To the extent of any c onflict or
15705-inconsistency with Article I of the Administrative Procedures Act,
15706-pursuant to Section 35 of Article IX of the Oklahoma Constitution,
15707-it is expressly declared that Article I of the Administrative
15708-Procedures Act is an amendment to and alteration of Sections 18
15709-through 34 of Article IX of the Oklahoma Constitution.
15710-3. The Oklahoma Military Department of the State of Oklahoma
15711-shall be exempt from the provisions of Article I of the
15712-Administrative Procedures Act to the extent it exercises its
15713-responsibility for military affa irs. Military publications, as
15714-defined in Section 801 of Title 44 of the Oklahom a Statutes, shall
15715-be exempt from the provisions of Article I and Article II of the
15716-Administrative Procedures Act, except as provided in Section 251 of
15717-this title.
15718-4. The Oklahoma Ordnance Works Authority, the Northeast
15719-Oklahoma Public Facilities Authority , the Oklahoma Office of
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15745-
15746-Homeland Security and the Board of Trustees of the Oklahoma College
15747-Savings Plan shall be exempt from Article I of the Administrative
15748-Procedures Act.
15749-5. The Transportation Commission and the Department of
15750-Transportation shall be e xempt from Article I of the Administrative
15751-Procedures Act to the extent they exercise their au thority in
15752-adopting standard specifications, special provisions, plans, design
15753-standards, testing procedures, federally imposed requirements and
15754-generally recognized standards, project planning and programming,
15755-and the operation and control of the State Hi ghway System.
15756-6. The Oklahoma State Regents for Higher Education shall be
15757-exempt from Article I of the Administrative Procedures Act with
15758-respect to:
15759-a. prescribing standards of higher education,
15760-b. prescribing functions and courses of study in each
15761-institution to conform to the standards,
15762-c. granting of degrees and other forms of aca demic
15763-recognition for completion of the prescribed courses,
15764-d. allocation of state-appropriated funds, and
15765-e. fees within the limits prescribed by the Legislature.
15766-7. Institutional governing boards within The Oklahoma State
15767-System of Higher Education shal l be exempt from Article I of the
15768-Administrative Procedures Act.
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15794-
15795-8. a. The Commissioner of Public Safety and the Director of
15796-Service Oklahoma shall be exempt from Sections 3 03.1,
15797-304, 307.1, 308 and 308.1 of this title insofar as it
15798-is necessary to promu lgate rules pursuant to the
15799-Oklahoma Motor Carrier Safety and Hazardous Materials
15800-Transportation Act, to maintain a current
15801-incorporation of federal motor carrier safety and
15802-hazardous material regulations, or pursuant to Chapter
15803-6 of Title 47 of the Oklaho ma Statutes, to maintain a
15804-current incorporation of federal commercial driver
15805-license regulations, for which the Commissioner has no
15806-discretion when the state is mandated to p romulgate
15807-rules identical to federal rules and regulations.
15808-b. Such rules may be adopted by the Commissioner and
15809-shall be deemed promulgated twenty (20) days afte r
15810-notice of adoption is published in “The Oklahoma
15811-Register”. Such publication need not set f orth the
15812-full text of the rule but may incorporate the federal
15813-rules and regulations by reference.
15814-c. Such copies of promulgated rules shall be filed with
15815-the Secretary as required by Section 251 of this
15816-title.
15817-d. For any rules for which the Commissioner has
15818-discretion to allow variances, tolerances or
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15844-
15845-modifications from the federal ru les and regulations,
15846-the Commissioner shall fully comply with Article I of
15847-the Administrative Procedures Act.
15848-9. The Council on Judicial Complaints shall be exempt from
15849-Section 306 of Article I of the Administrative Procedures Act, with
15850-respect to review of the validity or applicability of a rule by an
15851-action for declaratory judgment, or any other relief based upon the
15852-validity or applicability of a rule, in the district cou rt or by an
15853-appellate court. A party aggrieved by the validity or applicability
15854-of a rule made by the Council on Judicial Complaints may petition
15855-the Court on the Judiciary to review the rules and issue opinions
15856-based upon them.
15857-10. The Department of Co rrections, State Board of Corrections,
15858-county sheriffs and managers of city jails sh all be exempt from
15859-Article I of the Administrative Procedures Act with respect to :
15860-a. prescribing internal management procedures for the
15861-management of the state prisons, c ounty jails and city
15862-jails and for the management, supervision and control
15863-of all incarcerated prisoners, and
15864-b. prescribing internal management procedures for the
15865-management of the probation and parole unit of the
15866-Department of Corrections and for the su pervision of
15867-probationers and parolees.
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15893-
15894-11. The State Board of Education shall be exe mpt from Article I
15895-of the Administrative Procedures Act with respect to prescrib ing
15896-subject matter standards as provided for in Section 11-103.6a of
15897-Title 70 of the Okla homa Statutes.
15898-B. As specified, the following agencies or classes of agency
15899-activities are not required to comply with the provisions of Article
15900-II of the Administra tive Procedures Act:
15901-1. The Oklahoma Tax Commission, except as provided in
15902-subsection G of Section 1140 of Title 47 of the Oklahoma Statutes;
15903-2. The Commission for Human Servi ces;
15904-3. The Oklahoma Ordnance Works Authority;
15905-4. The Corporation Commiss ion;
15906-5. The Pardon and Parole Board;
15907-6. The Midwestern Oklahoma Development Authority ;
15908-7. The Grand River Dam Authority;
15909-8. The Northeast Oklahoma Public Facilities Authori ty;
15910-9. The Council on Judicial Complaints;
15911-10. The Board of Trustees of the Oklahoma College Savings Plan;
15912-11. The supervisory or administrative agency of any penal,
15913-mental, medical or eleemosynary institution, only with respect to
15914-the institutional supervision, custody, control, care or treatment
15915-of inmates, prisoners or pa tients therein; provided, that the
15916-provisions of Article II shall apply to and govern all
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15942-
15943-administrative actions of the Oklahoma Alcohol and Drug Abuse
15944-Prevention, Training, Treatment and Rehabil itation Authority;
15945-12. The Board of Regents or employees of any universit y,
15946-college, or other institution of highe r learning;
15947-13. The Oklahoma Horse Racing Commi ssion, its employees or
15948-agents only with respect to hearin g and notice requirements on the
15949-following classes of violations which are an imminent peril to the
15950-public health, safety and welfare:
15951-a. any rule regarding the running of a race,
15952-b. any violation of medication laws and rules,
15953-c. any suspension or revocati on of an occupation license
15954-by any racing jurisdiction recognized by the
15955-Commission,
15956-d. any assault or other destructive acts within
15957-Commission-licensed premises,
15958-e. any violation of prohibited devices, laws and rules,
15959-or
15960-f. any filing of false information ;
15961-14. The Commissioner of Public Safety and the Director of
15962-Service Oklahoma only with respect to dri ver license hearings and
15963-hearings conducted purs uant to the provisions of Section 2-115 of
15964-Title 47 of the Oklahoma Statutes;
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15990-
15991-15. The Administrator of th e Department of Securities only with
15992-respect to hearings conducted pursuant to provisions of the Okla homa
15993-Take-over Disclosure Act of 1985;
15994-16. Hearings conducted by a public agency pursuant to Section
15995-962 of Title 47 of the Oklahoma Statutes;
15996-17. The Oklahoma Military Department of the State of Oklahoma;
15997-18. The University Hospitals Authority, including a ll hospitals
15998-or other institutions operated b y the University Hospitals
15999-Authority;
16000-19. The Oklahoma Health Care Authority Board and the
16001-Administrator of the Oklahoma Health Ca re Authority; and
16002-20. The Oklahoma Office of Homeland Security.
16003-SECTION 48. REPEALER 47 O.S. 2021, Section 2-106, as
16004-amended by Section 28, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
16005-Section 2-106), is hereby repealed.
16006-SECTION 49. REPEALER 47 O.S. 2021, Section 1114.2, as
16007-amended by Section 131, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
16008-2022, Section 1114.2), is hereby repealed.
16009-SECTION 50. This act shall become effective July 1, 202 3.
16010-SECTION 51. It being immediately necessary for the preservation
16011-of the public peace, health or safety, an emergency i s hereby
16012-declared to exist, by reason whereof this a ct shall take effect and
16013-be in full force from and after its passage and approval.
16014-
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16040-
16041-59-1-2200 BG 5/24/2023 9:18:19 AM
2088+SECTION 14. This act shall become effe ctive November 1, 2023.
2089+Passed the Senate the 2nd day of March, 2023.
2090+
2091+
2092+
2093+ Presiding Officer of the Senate
2094+
2095+
2096+Passed the House of Representatives the ____ day of __________,
2097+2023.
2098+
2099+
2100+
2101+ Presiding Officer of the House
2102+ of Representatives
2103+
2104+