An Act
ENROLLED SENATE
BILL NO. 623 By: Hall of the Senate
and
Kerbs of the House
An Act relating to Service Oklahoma; amending 22 O.S.
2021, Sections 171.3, 471.6, as amended by Section 5,
Chapter 277, O.S.L. 2022, 983, as amended by Section
5, Chapter 350, O.S.L. 2022, 991a, as amended by
Section 2, Chapter 469, O.S.L. 2021, 1111.2, 1115.1,
1115.1A, and 1115.5 (22 O.S. Supp. 2022, Sections
471.6 and 983), which relate to custody of persons
subject to immigration detainer request, final
eligibility hearing, suspension of driving
privileges, sentencing powers of the court, failure
to appear for arraignment, release on personal
recognizance, release on personal recognizance for
traffic violation, and Depart ment of Public Safety
powers and duties relative to suspension of driving
privilege; revising references; amending 42 O.S.
2021, Sections 90, 91, and 91A, which relate to
notice preparers to register and liens on certain
personal property for service; modi fying references;
amending Section 6, C hapter 282, O.S.L. 2022 (47 O.S.
Supp. 2022, Section 3 -106), which relates to the
Service Oklahoma Revolving Fund; creating a Petty
Cash Fund; providing for purposes; prohibiting
certain purchase; authorizing creation of forms,
systems and procedures; amen ding 47 O.S. 2021,
Sections 6-101, as last amended by Section 37,
Chapter 282, O.S.L. 2022, 6 -105, as amended by
Section 42, Chapter 282, O.S.L. 2022, 6 -110, as
amended by Section 49, Chapter 282, O.S.L. 2022, 6 -
111, as last amended by Section 53, Chapter 282,
O.S.L. 2022, 6-113, 6-116, as amended by Section 56,
Chapter 282, O.S.L. 2022, 6 -205.1, as amended by
Section 1, Chapter 376, O.S.L. 2022, 6 -211, as last
ENR. S. B. NO. 623 Page 2
amended by Section 2, Chapter 376, O.S.L. 2022,
156.1, 752, 753, as amended by Section 6, Chapter
376, O.S.L. 2022, 754, as amended by Section 7,
Chapter 376, O.S.L. 2022, 761, 802, 803, 804, 805,
806, 1109, as amended by Section 121, Chapter 282,
O.S.L. 2022, 1135.5, as last amended by Section 164,
Chapter 282, O.S.L. 2022, and 1140, as amended by
Section 174, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Sections 6-101, 6-105, 6-110, 6-111, 6-116, 6-
205.1, 6-211, 753, 754, 1109, 1135.5, and 1140),
which relate to class requirements for driver
licenses, graduated Class D licenses, examination of
applicants, issuance of license or identification
card, restricted licenses, notice of change of
address or name, periods of revocation, right of
appeal to district court, use of state -owned
vehicles, administration of t ests, refusal to submit
to test, seizure of licenses, operation of motor
vehicle while impaired, administration and
enforcement of human trafficking information, school
license, instructor’s license, license fees,
suspension or revocation of license, confi dentiality
of information, special licens e plates, and
qualifications to locate and operate Service Oklahoma
locations; modifying period of certain permit;
authorizing certain application processing and
document recognition; allowing certain fee retention;
requiring certain national criminal hist ory record
check; requiring certain driving record; setting
certain time for notification and replacement;
authorizing certain use of state owned vehicles;
modifying inclusions; modifying certain number of
plates required; requiring certain residency;
allowing certain sell or transfer; requiring certain
guidelines and requirements; defining terms;
modifying references; amending 63 O.S. 2021, Section
1-229.13, which relates to furnishing of tobacco or
vapor products to persons under 21; modifying
references; amending 68 O.S. 2021, Section 118, which
relates to written estimates; modifying responsible
entity; amending 70 O.S. 2021, Section 19 -115, which
relates to coordinator of driver education programs;
ENR. S. B. NO. 623 Page 3
modifying references; amending 75 O.S. 2021, Section
250.4, which relates to compliance with the
Administrative Procedures Act; modifying inclusions;
repealing 47 O.S. 2021, Section 2 -106, as amended by
Section 28, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 2-106), which relates to the Driver
License Services Division; repealing 47 O.S. 2021,
Section 1114.2, as amended by Section 131, Chapter
282, O.S.L. 2022 (47 O.S. Supp. 2022, Section
1114.2), which relates to residency requirements for
licensed operators; providing an effective date; and
declaring an emergency.
SUBJECT: Service Oklahoma
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 171.3, is
amended to read as follows:
Section 171.3. A. A law enforcement agency that has custody of
a person who is subject to an immigration detainer req uest issued by
the United States Immigration and Customs Enforcem ent shall:
1. Comply with, honor and fulfill any request made in the
immigration detainer request provided by the United Sta tes
Immigration and Customs Enforcement; and
2. Inform the person identified in the immigration detainer
request that he or she is being held pursuant to an immigration
detainer request issued by the United States I mmigration and Customs
Enforcement.
B. A law enforcement agency shall not be required to perform a
duty imposed by subsection A of this section with respect to a
person who has provided proof that the person is a citizen of the
United States. Such proof may include:
ENR. S. B. NO. 623 Page 4
1. An Oklahoma driver l icense or identification card issued by
the Department of Public Safe ty Service Oklahoma on or after
November 1, 2007; or
2. State- or federal government -issued identification.
C. As used in this section:
1. “Immigration detainer request” means a federal government
request to a local entity to maintain temporary custody of an alien,
including a United States Department of Homeland Sec urity Form I-247
document or a similar successor form; and
2. “Law enforcement agenc y” means any state, county or
municipal agency or department which maintains custody of persons
accused of, charged with or convicted of any criminal offense. This
term includes, but shall not be limited to, peace officers,
sheriffs, deputy sheriffs, jail ers, correctional officers, agent s,
employees or contractors of a law enforcement agency.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 471.6, as
amended by Section 5, Chapter 277, O.S.L. 2022 (22 O.S. Supp. 2022,
Section 471.6), is amended to read as follows:
Section 471.6. A. The drug court judge shall conduct a hearing
as required by subsection F of Section 471.4 of this title to
determine final eligibility by considering:
1. Whether the offender voluntarily consents to the pro gram
requirements;
2. Whether to accept the offender based upon the findings and
recommendations of the d rug court investigation authorized by
Section 471.4 of this title;
3. Whether there is a writ ten plea agreement, and if so,
whether the terms and con ditions of the written negot iated plea
between the district attorney, the defense attorney and the offende r
are appropriate and consistent with the penalty provisions and
conditions of other similar c ases;
ENR. S. B. NO. 623 Page 5
4. Whether there is an appropriate treatment prog ram available
to the offender and whether there is a recommended treatment plan;
and
5. Any information r elevant to determining eligibility;
provided, however, an offender shall not be denied admitta nce to any
drug court program based upon an inability to pay court costs or
other costs or fees.
B. At the hearing to determine final eligibility for the drug
court program, the judge shall not grant any admission of any
offender to the program when:
1. The required treatment plan and plea agreement have not been
completed;
2. The program funding or availability of treatment has been
exhausted;
3. The treatment program or drug court team is unwilling to
accept the offender;
4. The offender does not mee t the presumptive eligibility
criteria of the program; o r
5. The offender is inappropriate for admission to the program,
in the discretion of the judge.
C. At the final eligibility hearing, if evidence is presented
that was not discovered by the drug cou rt investigation, the
district attorney or the defense a ttorney may make an objection and
may ask the court to withdraw the plea agreement previously
negotiated. The court shall determine whether to proceed and
overrule the objection, to sustain the objec tion and transfer the
case for traditional criminal pros ecution or to require further
negotiations of the plea or punishment provisions. The decision of
the judge for or against eligibility and admission shall be final.
D. When the court accepts the trea tment plan with the written
plea agreement, the offender , upon entering the plea as agreed by
the parties, shall be ordered and escorted immediately into the
program. The offender must have voluntarily signed the necessary
ENR. S. B. NO. 623 Page 6
court documents before the offen der may be admitted to treatment.
The court documents s hall include:
1. Waiver of the offender’s rights to speedy trial;
2. A written plea agreement which sets forth the offense
charged, the penalty to be imposed for the offense in the event of a
breach of the agreement and the penalty to be imposed, if any, in
the event of a successful completion of the treat ment program;
provided, however, incarceration shall be prohibited when the
offender completes the treatment program;
3. A written treatment plan which is subject to modification at
any time during the program; and
4. A written performance contract requi ring the offender to
enter the treatment program as d irected by the court and participate
until completion, withdrawal or removal by the court.
E. If admission into the drug court program is denied, the
criminal case shall be returned to the traditional c riminal docket
and shall proceed as provided for any other criminal case.
F. At the time an offender is admitted to the drug court
program, any bail or undertaking on behalf of the offender shall be
exonerated.
G. The period of time during which an offen der may participate
in the active treatment portion o f the drug court program shall be
not less than six (6) months nor more than twenty -four (24) months
and may include a period of supervision not less than six (6) months
nor more than one (1) year follow ing the treatment portion of the
program. The period of supervision may be extended by order of the
court for not more than six (6) months. No tr eatment dollars shall
be expended on the offender during the extended period of
supervision. If the court or ders that the period of supervision
shall be extended, the drug court judge, district attorney, the
attorney for the offender and the supervising s taff for the drug
court program shall evaluate the appro priateness of continued
supervision on a quarterly ba sis. All participating treatment
providers shall be certified by the Department of Mental Health and
Substance Abuse Services and shall be selecte d and evaluated for
ENR. S. B. NO. 623 Page 7
performance-based effectiveness annu ally by the Department of Mental
Health and Substance Abuse Services. Treatment programs shall be
designed to be completed within twelve (12) months and shall have
relapse prevention and evaluation c omponents.
H. The drug court judge shall order the offe nder to pay court
costs, treatment costs, drug testin g costs, a program user fee not
to exceed Twenty Doll ars ($20.00) per month and necessary
supervision fees, unless the offender is indigent. The d rug court
judge shall establish a schedule for the payme nt of costs and fees.
The cost for treatment, drug t esting and supervision shall be set by
the treatment and supervision providers respectively and made part
of the court’s order for payment. User f ees shall be set by the
drug court judge within the maxi mum amount authorized by this
subsection and payable directly to the court clerk for the benefit
and administration of the drug court program. Treatment, drug
testing and supervision costs shall be p aid to the respective
providers. The court clerk shall collect all other costs and fees
ordered and deposit such costs and fees with the county treasurer in
a drug court fund created and administered pursuant to subsection I
of Section 471.1 of this title . The remaining user fees shall be
remitted to the Stat e Treasurer by the court clerk for deposit in
the Department of Mental Health and Substance Abuse Services ’ Drug
Abuse Education and Treatment Revolving Fund established pursuant to
Section 2-503.2 of Title 63 of the Oklahoma Statutes. Court orders
for costs and fees pursuant to this subsection shall not be limited
for purposes of collection to the maximum te rm of imprisonment for
which the offender could have been imprisoned for the offense, nor
shall any court order for costs and fees be limited by any t erm of
probation, parole, supervision, treatment or e xtension thereof.
Court orders for costs and fees sh all remain an obligation of the
offender until fully paid; provided, however, once the offende r has
successfully completed the drug court program, the drug court judge
shall have the discretion to expres sly waive all or part of the
costs and fees provided for in this subsection if, in the opinion of
the drug court judge, continued payment of the co sts and fees by the
offender would create a financial ha rdship for the offender.
Offenders who have not full y paid all costs and fees pursuant to
court order but who have otherwise successfully completed the drug
court program shall not be counted as an a ctive drug court
participant for purposes of drug court contracts or program
participant numbers.
ENR. S. B. NO. 623 Page 8
I. Notwithstanding any other provision of law, if the driving
privileges of the offender have been suspended, revoked, canceled or
denied by the Department of Public Safety Service Oklahoma and if
the drug court judge determines that no other means of
transportation for the offender is available, the drug court judge
may enter a written order requiring the Department of Public Safety
Service Oklahoma to stay any and all such actions against the Class
D driving privileges of the offender; provided, the stay shall not
be construed to grant driving privileges to an offend er who has not
been issued a driver license by the Department Service Oklahoma or
whose Oklahoma driver license has expired, in which case the
offender shall be required to apply for and be found eligibl e for a
driver license, pass all examinations, if app licable, and pay all
statutory driver license issuance or renewal fees. The offender
shall provide proof of insurance to the drug court judge prior t o
the judge ordering a stay of any driver license sus pension,
revocation, cancellation or denial. When a judge of a drug court
enters a stay against an order by the Department of Public Safety
Service Oklahoma suspending or revoking the driving privileges of an
offender, the time period set in the order by the Department Service
Oklahoma for the suspension or revocation shall continue to run
during the stay. When an offender has successfully complete d the
drug court program, the drug court judge shall mai ntain jurisdiction
over the offender’s driving privileges for one (1) year after the
date on which the off ender graduates from the drug court program.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 983, as
amended by Section 5, Chapt er 350, O.S.L. 2022 (22 O.S. Supp. 2022,
Section 983), is amended to read as follows:
Section 983. A. 1. Except in cases provided for in Section
983b of this title, when the judgment and sentence of a court,
either in whole or in part, imposes fines, co sts, fees, or
assessments upon a defendant, the court at the time of sentencing
shall require the defendan t to complete under oath a form
promulgated by the Court of Criminal Appeals that provides current
information regarding the financial ability of the defendant to pay.
2. The information to be required on the form shall include,
but not be limited to, the individual and household income and
living expenses of the defendant, excluding child support and any
ENR. S. B. NO. 623 Page 9
monies received from a federal or state governm ent need-based or
disability assistance program, the number of dependents, a listing
of assets, excluding assets exempt from bankruptcy, child support
obligations, health, mental or behavioral health conditions that
diminish the ability of the defendant to pay restitution, and
additional court-related expenses to be paid by the defendant.
3. For purposes of t his section, fines, costs, fees, and
assessments shall include all financial obligations imposed by the
court or required by law to be paid, excluding restitution or
payments to be made other than to the court clerk, and shall be
referred to as financial o bligations.
B. 1. The court shall order the defendant to appear
immediately after sentencing at the office of the court clerk who
shall inform the defendant of the total amount of all financial
obligations that have been ordered by the court. If the def endant
states to the court clerk that he or she is unable to pay the
financial obligations immediately, the court clerk, based on the
verified information provided by the defendant, shall establish,
subject to approval of the court, a monthly installment p lan that
will cause the financial obligations to be satisfied within no more
than seventy-two (72) months, unless extended by the court.
2. The court clerk shall advise the defendant orally and by
delivery of a form promulgated by the Court of Criminal Ap peals,
that:
a. it is the obligation of the defendant to keep the
court clerk informed of the contact information of the
defendant until the financial obligations have been
paid. Such information shall include the current
mailing and physical addresses of the defendant,
telephone or cellular phone number of the defendant,
and the email address where the defendant may receive
notice from the court,
b. if the defendant is unable to pay the financial
obligations ordered by the court immediately or in the
installments recommended by the court clerk, the
defendant may request a cost hearing for the court to
determine the ability of the defendant to pay the
ENR. S. B. NO. 623 Page 10
amount due and to request modification of the
installment plan, a reduction in the amount owed, or
waiver of payment of the amount owed, and
c. upon any subsequent change in circumstances affecting
the ability of the defendant to pay, the defendant may
contact the court clerk and request additional cost
hearings before the court.
3. An order shall be filed in the case with the approval or
disapproval by the court of the payment plan. If the court does not
approve the payment plan recommended by the court clerk, the court
shall enter its order establishing th e payment plan. The defendant
shall be notified by c ertified mail or personal service of the order
entered by the court and shall be given the opportunity for a cost
hearing.
4. The district court fo r each county and all municipal courts
shall set a regular time and courtroom for cost hearings.
C. If the defendant requests a cost hearing, the court clerk
shall set the hearing no later than sixty (60) days after
sentencing. In determining the abilit y of the defendant to pay, the
court shall rely on the v erified information submitted by the
defendant on the form promulgated by the Court of Criminal Appeals
and any updates to the information. In addition, the court may make
inquiry of the defendant an d consider any other evidence or
testimony concerning th e ability of the defendant to pay.
D. 1. If at the initial cost hearing or any subsequent cost
hearing, the court determines that the defendant is unable to
immediately pay the financial obligation s or the required
installments, the court may reduce the amount of the installments,
extend the payment plan b eyond seventy-two (72) months, or waive
payment of all or part of the amount owed. The court may include a
financial incentive for accelerated pa yment. Additionally, the
court may order community servi ce in lieu of payment. The defendant
shall receive credit for no less than two times the amount of the
minimum wage specified pursuant to state law for each hour of
community service.
ENR. S. B. NO. 623 Page 11
2. If at any time due to a change in conditions the defendant
is unable to pay the financial obligations ordered by the cou rt or
any installment, the defendant may request an additional cost
hearing.
E. If the court determines that a waiver of any of the
financial obligations is warranted, the court shall equally apply
the same percentage reduction to all fines, costs, fees, and
assessments, excluding restitution.
F. 1. If a defendant is delinquent in the payment of financial
obligations or an installment by more than sixty (60) days, the
court clerk shall notify the court which shall, within ten (10) days
thereafter, set a cost hearing for the court to determine if the
defendant is able to pay. The hearing shall be set on a date that
will allow the court clerk to issue a summons fourteen (14) days
prior to the cost hearin g.
2. No less than fourteen (14) days prior to the c ost hearing,
the court clerk shall issue one summons to the defendant to be
served by United States mail to the mailing address of the defenda nt
on file in the case, substantially as follows:
SUMMONS
You are ORDERED to appear for a cost hearing at a specif ied time,
place, and date to determine if you are financially able but
willfully refuse or neglect to pay the fines, costs, fees, or
assessments or an installment due in Case No.__________.
You must be present at the hearing.
At any time before the date of the cost hearing, you may contact the
court clerk and pay the fines, costs, fees, or assessments or any
installment due.
THIS IS NOT AN ARREST WARRANT. However, if you fail to appear for
the cost hearing or to make the payment, the court will issue a
WARRANT for “FAILURE TO APPEAR—COST HEARING” and refer the case to a
court cost compliance liaison which will cause an additional thirty
percent (30%) administrative fee to be ad ded to the amount owed.
ENR. S. B. NO. 623 Page 12
3. If the defendant fails to appear at the cost hearing or pay
the amount due the court shall issue a warrant for FAILURE TO
APPEAR—COST HEARING and refer the case to the court cost compliance
program as provided in subsection K of this section.
4. Municipal courts, in lieu of mailing the summons provided
for in this subsection, may give the defendant personal notice at
the time of sentencing of a specific date, time, and place, not less
than sixty (60) nor more than one hundred twenty (120) days from the
date of sentencing to appear for a cost hearing if the f ines, costs,
fees, and assessments remain unpaid.
G. If a defendant is found by a law enforcement officer to have
an outstanding warrant for FAILURE TO APPEAR—COST HEARING, the law
enforcement officer s hall release the defendant and issue a citation
to appear pursuant to Section 209 of this title. If the defendant
fails to appear at the time and place cited by the law enforcement
officer, the court may issue a summons or warrant as provided in
Section 209 of this title. The provisions of this subsection shall
not apply to a municipal court if the municipal court has previously
provided personal service to the defendant of an opportunit y for a
cost hearing.
H. In determining whether the defendant is abl e to pay
delinquent financial obligations or any inst allments due, the court
shall consider the criteria provided in subsection C of this
section.
I. Any defendant found guilty of an o ffense in any court of
this state may be imprisoned for nonpayment of h is or her financial
obligations when the court finds after notice and hearing that the
defendant is financially able but willfully refuses or neglects to
pay the financial obligations o wed. A sentence to pay a fine, cost,
fee, or assessment may be convert ed into a jail sentence only after
a hearing and a judicial determination, memorialized of record, that
the defendant is able to satisfy the fine, cost, fee, or assessment
by payment, but refuses or neglects so to do.
J. In addition, the district court or municipal court, within
one hundred twenty (120) day s from the date upon which the person
was originally ordered to make payment, and if the court finds and
memorializes into the reco rd that the defendant is financially able
ENR. S. B. NO. 623 Page 13
but willfully refuses to or ne glects to pay the fines, costs, fees,
or assessments, or an installment due, may send notice of nonpayment
of any court ordered fine and costs for a moving traffic violation
to the Department of Public Safety Service Oklahoma with a
recommendation of suspe nsion of driving privileges of the defendant
until the total amount of any fine and costs has been paid. Upon
receipt of payment of the total amount of the fine and costs for the
moving traffic violation, the court shall send notice thereof to the
Department Service Oklahoma, if a nonpayment notice was sent as
provided for in this subsection. Notices sent to the Department
Service Oklahoma shall be on forms or by a method approved by the
Department Service Oklahoma.
K. All counties of the state shall ful ly utilize and
participate in the court cost complian ce program. Cases shall be
referred to the court cost compliance program not less than thirty
(30) days nor more than sixty (60) days after the defendant fails to
appear for a cost hearing unless the de fendant pays the amount owed
on the financial obligat ion, or an installment due. When the court
refers the case, the updated contact information on file shall be
forwarded to a court cost compliance liaison for collection
purposes.
L. The Court of Criminal Appeals shall implement procedures,
forms, and rules consistent with the provisions of this section for
methods of establishing payment plans of fines, costs, fees, and
assessments by indigents, which procedures, forms, and rules shall
be distributed to all district courts and municipal courts by the
Administrative Office of the Courts.
SECTION 4. AMENDATORY 22 O.S. 2021, Section 991a, as
amended by Section 2, Chapter 469, O.S.L. 2021, is amended to read
as follows:
Section 991a. A. Except as otherwise provided in the Elderly
and Incapacitated Victim’s Protection Program, when a defendant is
convicted of a crime and no death sentence is imposed, the cou rt
shall either:
1. Suspend the execution of sentence in whole or in part, with
or without probation. The court, in addition, m ay order the
ENR. S. B. NO. 623 Page 14
convicted defendant at the time of sentencing or at any time during
the suspended sentence to do one or more of t he following:
a. to provide restitution to the victim as provided by
Section 991f et seq. of this title or according to a
schedule of payments established by the sentencing
court, together with interest upon any pecuniary sum
at the rate of twelve percent (12%) per annum, if the
defendant agrees to pay such restitution or, in the
opinion of the court, if the defendant is able to pay
such restitution without imposing manifest hardship on
the defendant or the immediate family and if the
extent of the damage to the victim is determinable
with reasonable certainty,
b. to reimburse any state agency for amounts paid by the
state agency for hospital and medical expenses
incurred by the victim or victims, as a result of the
criminal act for which such person was c onvicted,
which reimbursement shall be made directly to the
state agency, with interest accruing thereon at the
rate of twelve perce nt (12%) per annum,
c. to engage in a term of community service without
compensation, according to a schedule consistent wi th
the employment and family responsibilities of the
person convicted,
d. to pay a reasonable sum into any trust fund
established pursuant to the provisions of Sections 176
through 180.4 of Title 60 of the Oklahoma Statutes and
which provides restitution payments by convicted
defendants to victims of crimes committed within this
state wherein such victim has incurred a financial
loss,
e. to confinement in the county jail for a period not to
exceed six (6) months,
f. to confinement as provided by law toge ther with a term
of post-imprisonment community supervision for not
less than three (3) years of the total term allowed by
ENR. S. B. NO. 623 Page 15
law for imprisonment, with or without restitution;
provided, however, the authority of this provision is
limited to Section 843.5 of Title 21 of the Oklahoma
Statutes when the offense involved sexual abuse or
sexual exploitation; Sections 681, 741 and 843.1 of
Title 21 of the Oklahoma Statutes when the offense
involved sexual abuse or sexual exploitation; and
Sections 865 et seq., 885, 886, 888, 891, 1021,
1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1115 and
1123 of Title 21 of the Oklahoma Statutes,
g. to repay the reward or part of the reward paid by a
local certified crime stoppers program and the
Oklahoma Reward System. In determ ining whether the
defendant shall repay the reward or part of the
reward, the court shall consider the ability of the
defendant to make the payment, the financial hardship
on the defendant to make the required payment and the
importance of the information to the prosecution of
the defendant as provided by the arresting officer or
the district attorney with due regard for the
confidentiality of the records of the local certified
crime stoppers program and the Oklahoma Reward System.
The court shall assess t his repayment against the
defendant as a cost of prosecution. The term
“certified” means crime stoppers organizations that
annually meet the certification standards for crime
stoppers programs established by the Oklahoma Crime
Stoppers Association to the extent those standards do
not conflict with state statutes. The term “court”
refers to all municipal and district courts within
this state. The “Oklahoma Reward System” means the
reward program established by Section 150.18 of Title
74 of the Oklahoma St atutes,
h. to reimburse the Oklahoma State Bureau of
Investigation for costs incurre d by that agency during
its investigation of the crim e for which the defendant
pleaded guilty, nolo contendere or was convicted
including compensation for laboratory, tech nical or
investigation services performed by the Bureau if, in
the opinion of the cou rt, the defendant is able to pay
ENR. S. B. NO. 623 Page 16
without imposing man ifest hardship on the defendant,
and if the costs incurred by the Bureau during the
investigation of the defendant ’s case may be
determined with reasonable certainty,
i. to reimburse the Oklahoma State B ureau of
Investigation and any authorized law enforce ment
agency for all costs incurred by that agency for
cleaning up an illegal drug laboratory site for which
the defendant pleaded guilty, nolo contendere or was
convicted. The court clerk shall collect the amount
and may retain five percent (5%) of such m onies to be
deposited in the Court Clerk ’s Revolving Fund to cover
administrative costs and shall remit the remainder to
the Oklahoma State Bureau of Investigation to be
deposited in the OSBI Revolving F und established by
Section 150.19a of Title 74 of the Oklahoma Statutes
or to the general fund wherein the other law
enforcement agency is located,
j. to pay a reasonable sum to the Crime Victims
Compensation Board, created by Section 142.2 et seq.
of Title 21 of the Oklahoma Statutes, for the benefit
of crime victims,
k. to reimburse the court fund for amounts paid to court -
appointed attorneys for representing the defen dant in
the case in which the person is being sentenced,
l. to participate in an assessm ent and evaluation by an
assessment agency or assessm ent personnel certified by
the Department of Mental Health and Substance Abuse
Services pursuant to Section 3 -460 of Title 43A of the
Oklahoma Statutes and, as determined by the
assessment, participate i n an alcohol and drug
substance abuse course or treat ment program or both,
pursuant to Sections 3 -452 and 3-453 of Title 43A of
the Oklahoma Statutes, or as ordered by the court,
m. to be placed in a vic tims impact panel program, as
defined in subsection H of this section, or
victim/offender reconciliation p rogram and payment of
ENR. S. B. NO. 623 Page 17
a fee to the program of Seventy -five Dollars ($75.00)
as set by the governing authority of the program to
offset the cost of par ticipation by the defendant.
Provided, each victim/o ffender reconciliation program
shall be required to o btain a written consent form
voluntarily signed by the victim and defendant that
specifies the methods to be used to resolve the
issues, the obligatio ns and rights of each person and
the confidentiality of the proceedings. Volunteer
mediators and employee s of a victim/offender
reconciliation program shall be immune from liability
and have rights of confidentiality a s provided in
Section 1805 of Title 1 2 of the Oklahoma Statutes,
n. to install, at the exp ense of the defendant, an
ignition interlock device a pproved by the Board of
Tests for Alcohol and Drug Influence. The device
shall be installed upon every motor ve hicle operated
by the defendant, and t he court shall require that a
notation of this restri ction be affixed to the
defendant’s driver license. The restriction shall
remain on the driver license not exceeding two (2)
years to be determined by the court. T he restriction
may be modified or removed only by order of the court
and notice of any modi fication order shall be given to
the Department of Pu blic Safety Service Oklahoma.
Upon the expiration of the period for the restriction,
the Department of Public S afety Service Oklahoma shall
remove the restriction without further court order.
Failure to comply with the order to install an
ignition interlock device or operating any vehicle
without a device during the period of restriction
shall be a violation of th e sentence and may be
punished as deemed proper by the sentencing court. As
used in this paragraph, “ignition interlock device”
means a device that, without tampering or intervention
by another person, would prevent the defendant from
operating a motor ve hicle if the defendant has a blood
or breath alcohol concentration of two -hundredths
(0.02) or greater,
ENR. S. B. NO. 623 Page 18
o. to be confined by electronic monitori ng administered
and supervised by the Department of Corrections or a
community sentence provider, and payment o f a
monitoring fee to the supervising a uthority, not to
exceed Three Hundred Dollars ($300.0 0) per month. Any
fees collected pursuant to this su bparagraph shall be
deposited with the appropriate supervising authority.
Any willful violation of an order of the court for the
payment of the monit oring fee shall be a violation of
the sentence and may be punished as deemed proper by
the sentencing court. As used in this paragraph,
“electronic monitoring ” means confinement of the
defendant within a specified lo cation or locations
with supervision by means of an electronic device
approved by the Depart ment of Corrections which is
designed to detect if th e defendant is in the court-
ordered location at the required times and which
records violations for investigati on by a qualified
supervisory agency or person,
p. to perform one or more courses of treatme nt, education
or rehabilitation for any conditions, b ehaviors,
deficiencies or disorders which may contribute to
criminal conduct including but not limited to alco hol
and substance abuse, mental health, emotional health,
physical health, propensity for vio lence, antisocial
behavior, personality or attitudes, deviant sexual
behavior, child development, parenting assistance, job
skills, vocational-technical skills, do mestic
relations, literacy, education or any other
identifiable deficiency which may be treat ed
appropriately in the community and for which a
certified provider or a program recognized by the
court as having significant positive impact exists in
the community. Any treatment, education or
rehabilitation provider required to be certified
pursuant to law or rule shall be certified by the
appropriate state agency or a national organization,
q. to submit to periodic testing for alcohol,
intoxicating substance or controlled dangerous
substances by a qualified laboratory,
ENR. S. B. NO. 623 Page 19
r. to pay a fee or costs for tr eatment, education,
supervision, participation in a p rogram or any
combination thereof as determined by the court, based
upon the defendant’s ability to pay the fees or costs,
s. to be supervised by a De partment of Corrections
employee, a private supervisi on provider or other
person designated by the court,
t. to obtain positive behavior modeling by a trained
mentor,
u. to serve a term of confinement in a restr ictive
housing facility available in the comm unity,
v. to serve a term of confinement in the count y jail at
night or during weekends pursuant to Sectio n 991a-2 of
this title or for work release,
w. to obtain employment or participate in employment -
related activities,
x. to participate in mandatory da y reporting to
facilities or persons for services, pa yments, duties
or person-to-person contacts as specif ied by the
court,
y. to pay day fines not to exceed fifty percent (50%) of
the net wages earned. For purposes of this paragraph,
“day fine” means the offender is ordered to pay an
amount calculated as a percentage of net daily wages
earned. The day fine shall be paid to the local
community sentencing system as reparation to the
community. Day fines sha ll be used to support the
local system,
z. to submit to blood or saliva testing as required by
subsection I of this section,
aa. to repair or restore prope rty damaged by the
defendant’s conduct, if the court determines the
ENR. S. B. NO. 623 Page 20
defendant possesses sufficient skill to repair or
restore the property and the vic tim consents to the
repairing or restoring of the pro perty,
bb. to restore damaged property in kind or pay ment of out-
of-pocket expenses to the victim, if the court is able
to determine the actual out -of-pocket expenses
suffered by the victim,
cc. to attend a victim-offender reconciliation program if
the victim agrees to participate and the offender is
deemed appropriate for participation,
dd. in the case of a person convicted of prostitution
pursuant to Section 1029 of Title 21 of the Oklahoma
Statutes, require such person to receive counseling
for the behavior which may have caused such person to
engage in prostitution activities. Such person may be
required to receive counseling in areas including but
not limited to alcohol and substance abuse, sexual
behavior problems or domestic abuse or child abuse
problems,
ee. in the case of a sex offender sentenced aft er November
1, 1989, and required by law to register pursuant to
the Sex Offender Registration Act, the court shall
require the person to comply with sex offender
specific rules and conditions of supervi sion
established by the Department of Corrections and
require the person to participate in a treatment
program designed for the treatment of sex off enders
during the period of time while the offender is
subject to supervision by the Department of
Corrections. The treatment program shall include
polygraph examinations specifically designed for use
with sex offenders for purposes of supervision and
treatment compliance, and shall be administered not
less than each six (6) months during the period of
supervision. The examination shall be administered by
a certified licensed polygraph examiner. The
treatment program must be approved by the Department
of Corrections or the Department of Mental Health and
ENR. S. B. NO. 623 Page 21
Substance Abuse Services. Such treatment shall be at
the expense of the defendant based on the defendant’s
ability to pay,
ff. in addition to other sentencing powers of the court,
the court in the case of a defendant being sentenced
for a felony conviction f or a violation of Section 2 -
402 of Title 63 of the Ok lahoma Statutes which
involves marijuana may require the person to
participate in a drug court program, if available. If
a drug court program is n ot available, the defendant
may be required to participa te in a community
sanctions program, if available,
gg. in the case of a person convicted of any false or
bogus check violation, as defined in Section 1541.4 of
Title 21 of the Oklahoma Statutes, impo se a fee of
Twenty-five Dollars ($25.00) to the victim fo r each
check, and impose a bogus check fee to be paid to the
district attorney. The bogus check fee paid to the
district attorney shall be equal to the amount
assessed as court costs plus Twenty -five Dollars
($25.00) for each check upon filing of the case in
district court. This money shall be deposited in the
Bogus Check Restitution Program Fund as establis hed in
subsection B of Section 114 of this title.
Additionally, the court may require the of fender to
pay restitution and bogus check fees on any oth er
bogus check or checks that have been submitted to the
Bogus Check Restitution Program, and
hh. any other provision specifically ordered by the court.
However, any such order for restitution, com munity service,
payment to a local certified crime stoppers program, payment to the
Oklahoma Reward System or co nfinement in the county jail, or a
combination thereof, shall be made in conjunction with probation and
shall be made a condition of the suspend ed sentence.
However, unless under the supervision of the d istrict attorney,
the offender shall be required to p ay Forty Dollars ($40.00) per
month to the district a ttorney during the first two (2) years of
ENR. S. B. NO. 623 Page 22
probation to compensate the district attorney fo r the costs incurred
during the prosecution of the offender and for the additional work
of verifying the complian ce of the offender with the rules and
conditions of his or her probation. The district attorney may waive
any part of this requirement in the best interests of justice. The
court shall not waive, suspe nd, defer or dismiss the costs of
prosecution in its entirety. However, if the court determines that
a reduction in the fine, costs and costs of prosecution is
warranted, the court shall equally apply the same percentage
reduction to the fine, costs and c osts of prosecution owed by the
offender;
2. Impose a fine prescribed by law for the offense, with or
without probation or commitment and with or without restitution or
service as provided for i n this section, Section 991a-4.1 of this
title or Section 227 of Title 57 of the Oklahoma Statutes;
3. Commit such person for confinement provided for by law with
or without restitution as provided for in this section;
4. Order the defendant to reimbur se the Oklahoma State Bureau
of Investigation for costs incurre d by that agency during its
investigation of the crim e for which the defendant pleaded guilty,
nolo contendere or was convicted including compensation for
laboratory, technical or investigation services performed by the
Bureau if, in the opinion of the cou rt, the defendant is able to pay
without imposing man ifest hardship on the defendant, and if the
costs incurred by the Bureau during the investigation of the
defendant’s case may be determined with reasonable certainty;
5. Order the defendant to reimburse the Oklahoma State Bureau
of Investigation for all c osts incurred by that agency for cleaning
up an illegal drug laboratory site for which the defendant pleaded
guilty, nolo contendere or was convicted. The court clerk shall
collect the amount and may re tain five percent (5%) of such monies
to be deposited in the Court Clerk’s Revolving Fund to cover
administrative costs and shall remit the remainder to the Oklahoma
State Bureau of Investigat ion to be deposited in the OSBI Revolvin g
Fund established by Se ction 150.19a of Title 74 of the Oklahoma
Statutes;
ENR. S. B. NO. 623 Page 23
6. In the case of nonviolent felony offenses, sentenc e such
person to the Community Service Sentencing Program;
7. In addition to the ot her sentencing powers of the court, in
the case of a person convic ted of operating or being in control of a
motor vehicle while the person was under the influence of alcoho l,
other intoxicating substance or a combination of alcohol or another
intoxicating substance, or convicted of operating a mot or vehicle
while the ability of the person to operate such vehicle was impair ed
due to the consumption of alcohol, require such pe rson:
a. to participate in an alcohol and drug assessment and
evaluation by an asse ssment agency or assessment
personnel certified by the Department o f Mental Health
and Substance Abuse Services pursuant to Section 3-460
of Title 43A of the Oklahoma Statut es and, as
determined by the assessment, participate in an
alcohol and drug substan ce abuse course or treatment
program or both, pursuant to Sections 3-452 and 3-453
of Title 43A of the Oklahoma Statutes ,
b. to attend a victims impact panel program, as def ined
in subsection H of this section, and to pay a fee of
Seventy-five Dollars ($75.00) as set by the governing
authority of the program and approved by the court, to
the program to offset the cost of pa rticipation by the
defendant, if in the opinion of th e court the
defendant has the ability to pay such fee,
c. to both participate in the alcohol and drug substance
abuse course or treatment program, pur suant to
subparagraph a of this paragraph and attend a victims
impact panel program, pursuant to subparagr aph b of
this paragraph,
d. to install, at the expense of the person, an ignitio n
interlock device approved by the Board of Te sts for
Alcohol and Drug Influence, upon every motor vehicle
operated by such person and to require that a notation
of this restriction be affixed to the person’s driver
license at the time of reinstatement of the license.
The restriction shall remain on the driver license for
ENR. S. B. NO. 623 Page 24
such period as the court shall determine. The
restriction may be modified or removed by order of the
court and notice of the order shall be given to the
Department of Public Safety Service Oklahoma. Upon
the expiration of the perio d for the restriction, the
Department of Public Safety Service Oklahoma shall
remove the restriction without further court order.
Failure to comply with the order to install an
ignition interlock device or ope rating any vehicle
without such device during the period of restrictio n
shall be a violation of the sentence and may be
punished as deemed proper by the sentencing court, or
e. beginning January 1, 1993, to submit to electronically
monitored home detentio n administered and supervised
by the Department of Corrections, and to pay to the
Department a monitoring fee, not to exceed Seventy-
five Dollars ($75.00) a month, to the Depart ment of
Corrections, if in the opinion of the court the
defendant has the abili ty to pay such fee. Any fees
collected pursuant to this subparagraph s hall be
deposited in the Department of Corrections Re volving
Fund. Any order by the court for the payment of the
monitoring fee, if willfully disobeyed, may be
enforced as an indirect contempt of court;
8. In addition to the other sentencing powers of th e court, in
the case of a person convicted of prostit ution pursuant to Section
1029 of Title 21 of the Okl ahoma Statutes, require such person to
receive counseling for the behavior whi ch may have caused such
person to engage in prostitution activities. Su ch person may be
required to receive counseling in ar eas including but not limited to
alcohol and substanc e abuse, sexual behavior problems or domestic
abuse or child abuse problems;
9. In addition to the other sentencing powe rs of the court, in
the case of a person convicted of any crime related to domesti c
abuse, as defined in Section 60.1 of this title, th e court may
require the defendant to undergo the treatment or participate in the
counseling services necessary to bring a bout the cessation of
domestic abuse against the victim. The defendant may be req uired to
pay all or part of the cost of the treatment or counseling services;
ENR. S. B. NO. 623 Page 25
10. In addition to the other sentencing powers of the court,
the court, in the case of a sex of fender sentenced after Novemb er 1,
1989, and required by law to register pursuant to the Sex Offenders
Registration Act, shall require the defendant to participate in a
treatment program designed specifically fo r the treatment of sex
offenders, if availabl e. The treatment program wil l include
polygraph examinations specifically designe d for use with sex
offenders for the purpose of super vision and treatment compliance,
provided the examination is administered by a certified licensed
polygraph examiner. Th e treatment program must be a pproved by the
Department of Corrections or the Depar tment of Mental Health and
Substance Abuse Services. Such treatment shall be at the expense of
the defendant based on the abilit y of the defendant to pay;
11. In addition to the other sentencing powers of the court,
the court, in the case of a person con victed of abuse or neglect of
a child, as defined in Section 1-1-105 of Title 10A of the Oklahoma
Statutes, may require the pers on to undergo treatment or to
participate in counseling services. The defe ndant may be required
to pay all or part of the cost of the treatment or counseling
services;
12. In addition to the other sentencing powers of the court,
the court, in the case o f a person convicted of cruelty to animals
pursuant to Section 1685 of Title 21 of the Oklahoma Statutes, may
require the person to pay restitution to animal facilities for
medical care and any boarding costs of victimized animals;
13. In addition to the other sentencing powers of the court, a
sex offender who is habitual or aggr avated as defined by Section 584
of Title 57 of the O klahoma Statutes and who is required to register
as a sex offender pursuant to the Sex Offenders Registration Act
shall be supervised by the Department of Corrections for the
duration of the registration period and shall be assigned to a
global position monitoring device by the Department of Corrections
for the duration of the registration period. The cost of such
monitoring device shall be reimbursed by the offender;
14. In addition to the other senten cing powers of the court, in
the case of a sex offend er who is required by law to register
pursuant to the Sex Offenders Registration Act, the court may
ENR. S. B. NO. 623 Page 26
prohibit the person from accessing or using any Internet social
networking website that has the potenti al or likelihood of allowing
the sex offender to have contact with any child who is under the age
of eighteen (18) years;
15. In addition to the other sentencing powers of the court, in
the case of a sex offender who is requi red by law to register
pursuant to the Sex Offenders Registration Act, the court sh all
require the person to register any electronic mai l address
information, instant message, chat or other Internet communic ation
name or identity information that the perso n uses or intends to use
while accessing the Internet or used for other purposes of social
networking or other similar Internet communic ation; or
16. In addition to the other sentencing powers of the court ,
and pursuant to the terms and conditions of a wr itten plea
agreement, the court may prohibit the defendant from entering,
visiting or residing within the judicial district in which the
defendant was convicted until after completion of his or her
sentence; provided, however, the court shall ensure that t he
defendant has access to tho se services or programs for which the
defendant is required to participate as a condition of probation.
When seeking to enter the prohibited judicial district for personal
business not related to his or her criminal case, the defendant
shall be required to obtain approval by the court.
B. Notwithstanding a ny other provision of law, any person who
is found guilty of a violation of any provision of Section 761 or
11-902 of Title 47 of the Oklahoma Statutes or any person pleadin g
guilty or nolo contendere fo r a violation of any provision of such
sections shall be ordered to participate in, prior to sentencing, a n
alcohol and drug assessment and evaluation by an assessment agency
or assessment personnel certified by the Department of Mental Health
and Substance Abuse Services for the purpose of evaluating the
receptivity to treatment and prognosis of the person. The court
shall order the person to reimburse the agency or assessor for the
evaluation. The fee shall be the amount pr ovided in subsection C of
Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation
shall be conducted at a certified assessm ent agency, the office of a
certified assessor or at another location as ordered by the court.
The agency or assessor s hall, within seventy -two (72) hours from the
time the person is assessed, submit a written report to the court
ENR. S. B. NO. 623 Page 27
for the purpose of assist ing the court in its final sentencing
determination. No person, agen cy or facility operating an alcohol
and drug substance abuse evaluation program c ertified by the
Department of Mental Health and Subst ance Abuse Services shall
solicit or refer any person evaluated pursuant to this subsection
for any treatment program or a lcohol and drug substance abuse
service in which such person, agency or facility has a vested
interest; however, this provision shall not be construed to prohibit
the court from ordering participation in or any person from
voluntarily utilizing a treatment program or alcohol and drug
substance abuse servic e offered by such person, agen cy or facility.
If a person is sentenced to the cust ody of the Department of
Corrections and the court ha s received a written evaluation report
pursuant to this subsection, t he report shall be furnished to the
Department of Corrections with the judgment a nd sentence. Any
evaluation report submitted to the court pursuant to this subsection
shall be handled in a manner which will keep such report
confidential from the general p ublic’s review. Nothing contained in
this subsection shall be construed to prohi bit the court from
ordering judgment and sentence in the event the defendant fails or
refuses to comply wi th an order of the court to obtain the
evaluation required by this su bsection.
C. When sentencing a person convicted of a crime, the court
shall first consider a program of restitution for the victim, a s
well as imposition of a fine or incarceration of th e offender. The
provisions of paragraph 1 of subsection A of this s ection shall not
apply to defendants being sentenced upon their third or subsequen t
to their third conviction of a felony or, beginning January 1, 1993,
to defendants being sentenced for t heir second or subsequent felony
conviction for violation of Section 11-902 of Title 47 of the
Oklahoma Statutes, except as otherwise provided in this subsection.
In the case of a person being sentenced for his or her second or
subsequent felony convictio n for violation of Section 11-902 of
Title 47 of the Oklahoma Statut es, the court may sentence the person
pursuant to the provisions of paragraph 1 of subsection A of this
section if the court orders the person to submit to electronically
monitored home detention administered and supervised by the
Department of Corrections pursuant to subparagraph e of paragraph 7
of subsection A of this section. Provi ded, the court may waive
these prohibitions upon writ ten application of the district
ENR. S. B. NO. 623 Page 28
attorney. Both the a pplication and the waiver shall be made part of
the record of the ca se.
D. When sentencing a person convicted of a crim e, the judge
shall consider any victim impact statements if submitted to the
jury, or the judge in the event a jury is waived.
E. Probation, for purposes of subsection A of this section, is
a procedure by which a defendant found guilty of a crime, whether
upon a verdict or plea of gui lty or upon a plea of nolo contendere,
is released by the court subject to conditions imposed by the court
and subject to supervision by the Department of Corrections, a
private supervision provider or other person designated by the
court. Such supervisio n shall be initiated upon an order of
probation from the court, and shall not exceed two (2) years, unless
a petition alleging a violation of any condition of deferred
judgment or seeking revocation of the suspended sentence i s filed
during the supervision , or as otherwise provided by law. In the
case of a person convicted of a sex offense, supervision shall begin
immediately upon release from incarceration or if parole is granted
and shall not be limited to two (2) years. Pr ovided further, any
supervision provided for in this section may be extended for a
period not to exceed the expiration of the maximum te rm or terms of
the sentence upon a determination by the court or t he Division of
Probation and Parole of the Department of Corrections that the best
interests of the public and the release will be served by an
extended period of supervision.
F. The Department of Corrections, or such other agency as the
court may designate, shall be responsible for the monitoring and
administration of the restitution an d service programs provided for
by subparagraphs a, c and d of paragraph 1 of subsection A of this
section, and shall ensure that restitution payments are forwarded to
the victim and that service assignments are properly perfo rmed.
G. 1. The Department o f Corrections is hereby authorized,
subject to funds available through appropriation by the Legislature,
to contract with counties for the administration of county Commun ity
Service Sentencing Programs.
2. Any offender eligib le to participate in the Progr am pursuant
to this section shall be eligible to part icipate in a county
ENR. S. B. NO. 623 Page 29
Program; provided, participation in county-funded Programs shall not
be limited to offenders who would otherwise be sentenced to
confinement with the Dep artment of Corrections.
3. The Department shall establish criteria and specificati ons
for contracts with counties for such Programs. A county may apply
to the Department for a contract for a count y-funded Program for a
specific period of time. The Depar tment shall be responsible for
ensuring that any contracting county complies in ful l with
specifications and requirements of the contrac t. The contract shall
set appropriate compensation to the cou nty for services to the
Department.
4. The Department is hereby authorized to provide t echnical
assistance to any county in establishing a P rogram, regardless of
whether the county enters into a contract pursuant to this
subsection. Technical assistance shall include appropriate
staffing, development of communi ty resources, sponsorship,
supervision and any other requirements.
5. The Department shall annually make a report to the Governor,
the President Pro Tempore of the Senate and the Speaker of the H ouse
on the number of such Programs, the number of participa ting
offenders, the success ra tes of each Program according to criteria
established by the Department and the costs of each Program.
H. As used in this section:
1. “Ignition interlock device ” means a device that, without
tampering or intervention by anot her person, would prevent the
defendant from operating a motor vehicle if the defen dant has a
blood or breath alcohol concentration of t wo-hundredths (0.02) or
greater;
2. “Electronically monitored home detention” means
incarceration of the defendant with in a specified location or
locations with monitoring by means of a device approved by the
Department of Corrections that detects if the person leaves the
confines of any specified location; and
3. “Victims impact panel program” means a program conducted b y
a corporation registered wit h the Secretary of State in Oklahoma for
ENR. S. B. NO. 623 Page 30
the sole purpose of operating a victims impact panel program. Th e
program shall include live presentations from presente rs who will
share personal stories with participants about how a lcohol, drug
abuse, the operation of a motor vehicle while using an electronic
communication device or the illegal conduct of others has personally
impacted the lives of the presenters. A vic tims impact panel
program shall be attended by persons who have committed the offense
of driving, operating or being in actual physical control of a motor
vehicle while under the influence of alcohol or other intoxicating
substance, operating a motor vehic le while the ability of the person
to operate such vehicle was i mpaired due to the consumption of
alcohol or any other substance or operating a mot or vehicle while
using an electronic device or by per sons who have been convicted of
furnishing alcoholic bev erage to persons under twenty-one (21) years
of age, as provided in Sections 6-101 and 6-120 of Title 37A of the
Oklahoma Statutes. Persons attend ing a victims impact panel program
shall be required to pay a fee of Seventy-five Dollars ($75.00) to
the provider of the program. A certificate of completion shall be
issued to the person upon satisfyi ng the attendance and fee
requirements of the victims impact panel program. The certificate
of completion shall contain the business identification number of
the program provider. A certified assessment agency, certified
assessor or provider of an alcoho l and drug substance abuse course
shall be prohibited from providing a victims impact panel program
and shall further be prohibited from having any proprietary or
pecuniary interest in a victims impact panel program. The prov ider
of the victims impact pan el program shall carry general liability
insurance and maintain an accurate accounting of all business
transactions and funds received in relation to the victims impact
panel program. Beginning October 1, 2020, and each Octob er 1
thereafter, the provider of the victims impact panel program shall
provide to the District Attorneys Council the following:
a. proof of registration with the Oklahoma Secretary of
State,
b. proof of general liability insurance,
c. end-of-year financial statements prepared by a
certified public accountant,
ENR. S. B. NO. 623 Page 31
d. a copy of federal income tax returns filed with the
Internal Revenue Service,
e. a registration fee of One Thousand Dollars
($1,000.00). The registration fee shall be deposited
in the District Attorneys Council Revolving Fund
created in Section 215.28 of Title 19 of the Oklahoma
Statutes, and
f. a statement certifying that the pro vider of the
victims impact panel program has comp lied with all of
the requirements set forth in this paragr aph.
I. A person convicted of a felony of fense or receiving any form
of probation for an offen se in which registration is required
pursuant to the Sex Offenders Registration Act, shall submit to
deoxyribonucleic acid (DNA) testing for law enforcement
identification purposes in accordance with Sec tion 150.27 of Title
74 of the Oklahoma Statutes and the rules promulgated by the
Oklahoma State Bureau of Investigation for the OSBI Combined DNA
Index System (CODIS) Database. Subject to the availability of
funds, any person convicted of a misdemeanor o ffense of assault and
battery, domestic abuse, stalki ng, possession of a controlled
substance prohibited u nder the Uniform Controlled Dangerous
Substances Act, outraging public decency, resisting arrest, escape
or attempting to escape, eluding a police off icer, Peeping Tom,
pointing a firearm, threatening an act of violence, breaking and
entering a dwelling pl ace, destruction of property, negligent
homicide or causing a personal injury accident while driving under
the influence of any intoxicating substance , or any alien unlawfully
present under federal immig ration law, upon arrest, shall submit to
DNA testing for law enforcement identification purposes in
accordance with Section 150.27 of Title 74 of the Oklahoma St atutes
and the rules promulgated by the Ok lahoma State Bureau of
Investigation for the OSBI Com bined DNA Index System (CODIS)
Database. Any defenda nt sentenced to probation shall be required to
submit to testing within thirty (30) days of sentencing eithe r to
the Department of Corrections or to t he county sheriff or other
peace officer as directed by the court. Defendants who are
sentenced to a term of incarceration shall submit to testing in
accordance with Section 530.1 of Title 57 of the Oklahoma Statu tes,
for those defendants who enter the cu stody of the Department of
ENR. S. B. NO. 623 Page 32
Corrections or to the coun ty sheriff, for those defendants sentenced
to incarceration in a county jail. Convicted individuals w ho have
previously submitted to DNA testing under this sect ion and for whom
a valid sample is on file in the OSBI Combined DNA Index System
(CODIS) Database at the time of sentencing shall not be required to
submit to additional testing. Except as require d by the Sex
Offenders Registration Act, a deferred judgmen t does not require
submission to DNA testi ng.
Any person who is incarcerated in the custody of the Department
of Corrections after July 1, 1996, and who has not been released
before January 1, 200 6, shall provide a blood or saliva sample prior
to release. Every person subject to DNA testing after January 1,
2006, whose sentence does not include a t erm of confinement with the
Department of Corrections shall submit a blood or saliva sample.
Every person subject to DNA testing who is sentenced to unsupervise d
probation or otherwise not supervised by the Department of
Corrections shall submit for blood or saliva testing to the sheriff
of the sentencing county.
J. Samples of blood or saliva for DNA t esting required by
subsection I of this section shall be take n by employees or
contractors of the Depar tment of Corrections, peace officers, or the
county sheriff or employees or contractors of the sheriff’s office.
The individuals shall be properly train ed to collect blood or saliva
samples. Persons collecting bl ood or saliva for DNA testing
pursuant to this section shall be immune from civil liabilities
arising from this activity. All collectors of DNA sam ples shall
ensure the collection of samples are mailed to the Oklahoma State
Bureau of Investigation within ten (10) days of the time the subject
appears for testing or within ten (10) days of the date t he subject
comes into physical custody to serve a ter m of incarceration. All
collectors of DNA samp les shall use sample kits provided by the OSBI
and procedures promulgated by the OSBI. Persons subject to DNA
testing who are not received at the Lexington Assessment and
Reception Center shall be required to pay a fee of Fifteen Dollars
($15.00) to the agency collecting the sample for submission to the
OSBI Combined DNA Index System (CODIS) Database. Any fees collected
pursuant to this subsection shall be deposited in the revolving
account or the service fee account of the collection agency or
department.
ENR. S. B. NO. 623 Page 33
K. When sentencing a person who has been convicted of a cr ime
that would subject that person to the provisions of the Sex
Offenders Registration Act, nei ther the court nor the district
attorney shall be all owed to waive or exempt such person from the
registration requirements of the Sex Offenders Registration Act .
SECTION 5. AMENDATORY 22 O.S. 2021, Section 1111.2, is
amended to read as follows:
Section 1111.2. The arresting office r shall indicate on the
citation the date of the arraignment, and the defendant shall appear
in person or by counsel at the stated time and place for
arraignment. If the defendant fails to appear in cou rt in person or
by counsel for arraignment on the cha rge against him, or fails to
arrange with the court within the time designated on the citation
for a future appearance, the cash bail, if cash bail ha s been
deposited by the defendant, shall be forfeited . If a license to
operate a motor vehicle has been d eposited under subsection (b) of
Section 1111 of this title, the court clerk shall immediately
forward to the Department of Public Safety Service Oklahoma the
operator’s license attached to an official n otification form
furnished by the Department of Public Safety Service Oklahoma,
advising that the defendant failed to appear; in addition, on motion
of the district attorney, the court shall issue a benc h warrant for
the arrest of the defendant. If a lice nse has been deposited under
subsection (a) of Sectio n 1111 of this title and the out-of-state
defendant’s personal check is not honored, the court clerk shall
immediately forward to the Department of Pu blic Safety Service
Oklahoma the license stating that the check has not been honored.
If bail has been forfeited, on motion of the district attorney, the
court shall issue a bench warrant. Provided, however, that bail
forfeiture shall not be construed as a plea of guilty or admission
in any civil action th at may thereafter arise by reason of said
occurrence.
SECTION 6. AMENDATORY 22 O.S. 2021, Section 1115.1, is
amended to read as follows:
Section 1115.1. A. In addition to othe r provisions of law for
posting bail, any person, whe ther a resident of this state or a
nonresident, who is arrested by a law enforcement officer so lely for
a misdemeanor violation of a state traffic law or municipal traffic
ENR. S. B. NO. 623 Page 34
ordinance, shall be released by the arresting officer upon personal
recognizance if:
1. The arrested person has been issued a valid lice nse to
operate a motor vehicle by this st ate, another state jurisdiction
within the United States, which is a participant in th e Nonresident
Violator Compact or any party jurisdiction of the Nonresident
Violator Compact;
2. The arresting officer is satisf ied as to the identity of the
arrested person;
3. The arrested person signs a written promise to appear as
provided for on the citation, unless the p erson is unconscious or
injured and requires immediat e medical treatment as determined by a
treating physician; and
4. The violation does not c onstitute:
a. a felony, or
b. negligent homicide, or
c. driving or being in actual physic al control of a motor
vehicle while impaired or under the influence of
alcohol or other intoxicating substances, unless the
person is unconscious or injured and requires
immediate medical treatment as determined by a
treating physician, or
d. eluding or attempting to elude a law enforcement
officer, or
e. operating a motor vehicle without having been issued a
valid driver license, o r while the driving privilege
and driver license is under suspension, revocation,
denial or cancellation, or
f. an arrest based upon an outstanding wa rrant, or
g. a traffic violation coupled with any off ense stated in
subparagraphs a through f of this para graph.
ENR. S. B. NO. 623 Page 35
B. If the arrested person is eligible for release on personal
recognizance as provided for in subsection A of this sect ion, then
the arresting officer shall:
1. Designate the traffic charge;
2. Record information from the arrested person’s driver license
on the citation form, including the name, address, date of birth,
personal description, type of driver license, driver license number,
issuing state, and expiration date;
3. Record the motor ve hicle make, model and tag information;
4. Record the date and time on the citation on which, or before
which, the arrested person promises to contact, pay, or appear at
the court, as applicable to the c ourt; and
5. Permit the arrested person to sign a wr itten promise to
contact, pay, or appear at the court, as provided for in the
citation.
The arresting officer shall then release the person upon personal
recognizance based upon th e signed promise to app ear. The citation
shall contain a written notice to the arrested person that release
upon personal recogn izance based upon a signed written promise to
appear for arraignment is conditional and that failure to timely
appear for arraignment shall result in the suspension of the
arrested person’s driving privilege and driver license in this
state, or in the nonr esident’s home state pursuant to the
Nonresident Violator Compact.
C. The court, or the court clerk as directed by the court, may
continue or reschedule the date and time of arraignment upon request
of the arrested person or the attorney for that person. If the
arraignment is continued or rescheduled, the arrested person shall
remain on personal recognizance and written promise to appear until
such arraignment, in the same manner and with the same conse quences
as if the continued or rescheduled arraignmen t was entered on the
citation by the arresting officer and signed by the defendant. An
arraignment may be continued or resched uled more than one time .
Provided, however, the court shall require an arra ignment to be had
ENR. S. B. NO. 623 Page 36
within a reasonable time. It shall remain the duty of the defendant
to appear for arraignment unless the citation is satisfied as
provided for in subsection D of this section.
D. A defendant released upon personal recognizance may elect to
enter a plea of guilty or nolo contendere to the violation charged
at any time before the defendant is required to appear for
arraignment by indicating such plea on the copy of the citation
furnished to the defendant or on a legible copy thereof, toget her
with the date of the plea and signature. The def endant shall be
responsible for assuring full payment of the fine and costs to the
appropriate court clerk. Payment of the fin e and costs may be made
by personal, cashier’s, traveler’s, certified or guaranteed bank
check, postal or commercial money order, or other form of payment
approved by the court in an amount prescribed as bail for the
offense. Provided, however, the defend ant shall not use curre ncy
for payment by mail. If the defendant has entere d a plea of guilty
or nolo contendere as provided for in this subsection, such plea
shall be accepted by the court and the amount of the fine and costs
shall be:
1. As prescribed in Section 1115.3 of th is title as bail for
the violation; or
2. In case of a municipal violation, as prescribed by municipal
ordinance for the violation charged; or
3. In the absence of such law or ordinance, then as prescribed
by the court.
E. 1. If, pursuant to the provis ions of subsection D of this
section, the defendant d oes not timely elect to enter a plea of
guilty or nolo contendere and fails to timely appear for
arraignment, the court may issue a warrant for the arrest of the
defendant and the municipal or district c ourt clerk, within one
hundred twenty (120) calendar days from the date the citation was
issued by the arresting officer, shall notify the Department of
Public Safety Service Oklahoma that:
a. the defendant was issued a tr affic citation and
released upon personal recognizance after signing a
ENR. S. B. NO. 623 Page 37
written promise to appear for arraignment as provided
for in the citation,
b. the defendant has failed to appear for arraignment
without good cause shown,
c. the defendant has not poste d bail, paid a fine, or
made any other arrangement with the court to satisfy
the citation, and
d. the citation has not been satisfied as pro vided by
law.
Additionally, the court clerk shall request the Department of Public
Safety Service Oklahoma to either suspend the defendant ’s driving
privilege and driver license to operate a motor vehicl e in this
state, or notify the defendant’s home state and request suspension
of the defendant’s driving privilege and driver license in
accordance with the provisions of the Nonresident Violator Compact.
Such notice and request shall be on a form approved or furnished by
the Department of Public Safety Service Oklahoma.
2. The court clerk shall not process the notification and
request provided for in paragraph 1 of this subsection if, with
respect to such charges:
a. the defendant was arraigned, posted ba il, paid a fine,
was jailed, or otherwise settled the case, or
b. the defendant was not released upon personal
recognizance upon a signed written promise to appear
as provided for in this section or if r eleased, was
not permitted to remain on such personal recognizance
for arraignment, or
c. the violation relates to parking or standing, or
d. a period of one hundred twenty (120) calendar days or
more has elapsed from the date the citation was issued
by the arresting officer.
ENR. S. B. NO. 623 Page 38
F. Following receipt of the not ice and request from the court
clerk for driving priv ilege and driver license suspension as
provided for in subsection E of this section, the Department of
Public Safety Service Oklahoma shall proceed as provided for in
Section 1115.5 of this title.
G. The municipal or district court clerk shall maintain a
record of each request for driving privilege and driver license
suspension submitted to the Department of Public Saf ety Service
Oklahoma pursuant to the provisions of this section. When the court
or court clerk receives appropriate bail or payment of the fine and
costs, settles the citation, makes other arrangements with the
defendant, or otherwise closes the case, the court clerk shall
furnish proof thereof to such defendant, if the defendant personally
appears, or shall mail such proof by first class mai l, postage
prepaid, to the defendant at the address noted on the citation or at
such other address as is furnished b y the defendant. Additionally,
the court or court clerk shall notify the home jurisdic tion of the
defendant as listed on the citation, if s uch jurisdiction is a
member of the Nonresident Violator Compact, and shall, in all other
cases, notify the Department Service Oklahoma, of the resolution of
the case. The form of proof and the procedur es for notification
shall be approved by the Department of Public Safety Service
Oklahoma. Provided, however, the court or court clerk ’s failure to
furnish such proof or notice in the manner provided fo r in this
subsection shall in no event create any civ il liability upon the
court, the court clerk, the Sta te of Oklahoma or any political
subdivision thereof, or any state department or agency or any
employee thereof but duplicate proof shall be furnished to the
person entitled thereto upon request.
SECTION 7. AMENDATORY 22 O.S. 2021, Section 1115.1A, is
amended to read as follows:
Section 1115.1A. A. In addition to other provisions of law for
posting bail, any person, whether a resident of this state or a
nonresident, who is arres ted by a law enforcement officer solely for
a misdemeanor violation of a state traffic law or municipal traffic
ordinance, shall be released by the arresting officer upon personal
recognizance if:
ENR. S. B. NO. 623 Page 39
1. The arrested person has been issued a valid license to
operate a motor vehicle by this state, another state jurisdiction
within the United States, which is a participant in the Nonresident
Violator Compact or any party jurisdiction of the Nonresident
Violator Compact;
2. The arresting officer is satisfied as to the identity of the
arrested person and certifies the date and time and the location of
the violation, as evidenced by the electronic signature of the
officer;
3. The arrested person acknowledges, as evidenced by the
electronic signature of the person, a written promise to appear as
provided for on the c itation, unless the person is unconscious or
injured and requires immediate medical treatment as determined by a
treating physician; and
4. The violation does not constitute:
a. a felony,
b. negligent homicide,
c. driving or being in actual physical control of a motor
vehicle while impaired or under the influence of
alcohol or other intoxicating substances, unless the
person is unconscious or injured a nd requires
immediate medical treatment as determined by a
treating physician,
d. eluding or attempting to elude a law enforcement
officer,
e. operating a motor vehicle without having been issued a
valid driver license or while the driving privilege
and driver license is under suspension, revocation,
denial or cancellation,
f. an arrest based upon an outstanding warrant, or
g. a traffic violation coupled with any offense stated in
subparagraphs a through f of this paragraph.
ENR. S. B. NO. 623 Page 40
B. If the arrested person is el igible for release on personal
recognizance as provid ed for in subsection A of this section, then
the arresting officer shall on the citation:
1. Designate the traffic charge;
2. Record information from the driver license of the arrested
person on the citation form, including the name, address, date of
birth, physical description, type of driver license, driver license
number, issuing state, and expiration date;
3. Record the motor vehicle make, model and tag information;
4. Record the date and time on which, or before which, the
arrested person promises, as evidenced by the electronic signature
of the person, to contact, pay, or appear at the court, as
applicable to the court;
5. Record the electronic signature of the arrested person which
shall serve as evidence and acknowledgment of a promise to contac t,
pay, or appear at the court, as provided for in the citation; and
6. Record the electronic signature of the arrested person which
shall serve as evidence to certify the date and time and the
location that the arrested person was served with a copy of t he
citation and notice to appear,
after which, the arresting officer shall then release the person
upon personal recognizance based upon the acknowledged promise to
appear. The citation shall contain a written notice to the arrested
person that release up on personal recognizance based upon an
acknowledged promise to appear, as evidenced by the electronic
signature of the person, for arraignment is conditional and that
failure to timely appear for arraign ment shall result in the
suspension of the driving pr ivilege and driver license of the
arrested person in this state, or in the home state of the
nonresident pursuant to the Nonresident Violator Compact.
C. The court, or the court clerk as directed by the court, may
continue or reschedule the date and time of arraignment at the
discretion of the court or upon request of the arrested person or
ENR. S. B. NO. 623 Page 41
the attorney for that person. If the arraignment is continued or
rescheduled, the arrested person shall remain on personal
recognizance and acknowledged promise to app ear until such
arraignment, in the same manner and with the same consequences as if
the continued or rescheduled arraignment was entered on the citation
by the arresting officer and electronically signed by the defendant.
An arraignment may be continued o r rescheduled more than one time.
Provided, however, the court shall require an arraignment to be had
within a reasonable time. It shall remain the duty of the defendant
to appear for arraignment unles s the citation is satisfied as
provided for in subsec tion D of this section.
D. A defendant released upon personal recognizance may elect to
enter a plea of guilty or nolo contendere to the violation charged
at any time before the defendant is required to appear for
arraignment by indicating such plea on th e copy of the citation
furnished to the defendant or on a legible copy, together with the
date of the plea and signature of the defendant, or such plea may be
entered by the defendant using an electronic method provided by the
court for such purposes, eith er through the website of the court or
otherwise. The defendant shall be responsible for assuring full
payment of the fine and costs to the appropriate court clerk.
Payment of the fine and costs may be made by personal, cashier ’s,
traveler’s, certified or guaranteed bank check, postal or commercial
money order, or other form of payment approved by the court in an
amount prescribed as bail for the offense. Provided, however, the
defendant shall not use currency for payment by mail. Payment of
the fine and costs which is not accompanied by a written plea of
guilty or nolo contendere shall constitute a plea of nolo contendere
entered by the defendant as allowed by law, and shall function as a
written, dated and signed citation form acceptable to the court. A
plea of guilty or nolo contendere as provided for in this subsection
shall be accepted by the court and the amount of the fine and costs
shall be:
1. As prescribed in Section 1115.3 of this title as bail for
the violation;
2. In case of a municipal vi olation, as prescribed by municipal
ordinance for the violation charged; or
ENR. S. B. NO. 623 Page 42
3. In the absence of such law or ordinance, then as prescribed
by the court.
E. 1. If, pursuant to the provisions of subsect ion D of this
section, the defendant does not timely elect to enter a plea of
guilty or nolo contendere and fails to timely appear for
arraignment, the court may issue a warrant for the arrest of the
defendant. The municipal or district court clerk, withi n one
hundred twenty (120) calendar days from the dat e the citation was
issued by the arresting officer, shall notify the Department of
Public Safety Service Oklahoma that:
a. the defendant was issued a traffic citation and
released upon personal recogniza nce after
acknowledging a written promise to appear f or
arraignment as provided for in the citation,
b. the defendant has failed to appear for arraignment
without good cause sh own,
c. the defendant has not posted bail, paid a fine, or
made any other arrang ement with the court to satisfy
the citation, and
d. the citation has not been satisfied as provided by
law.
Additionally, the court clerk shall request the Department of Publi c
Safety Service Oklahoma to either suspend the driving privilege and
driver license of the defendant to operate a motor vehicle in t his
state, or notify the home state of the defendant and request
suspension of the driving privilege and driver license of the
defendant in accordance with the provisions of the Nonresident
Violator Compact. The notice and request shall be on a form
approved or furnished by the Department of Public Safety Service
Oklahoma.
2. The court clerk shall not process the notificatio n and
request provided for in paragraph 1 of this subsection if, with
respect to such charges:
ENR. S. B. NO. 623 Page 43
a. the defendant was arraigned, posted bail, paid a fine,
was jailed, or otherwise settled the case,
b. the defendant was not released upon personal
recognizance upon an acknowledged written promise to
appear as provided for in this section or if released,
was not permitted to remain on such p ersonal
recognizance for arraignment,
c. the violation relates to parking or standing, or
d. a period of one hundred twenty (120) calendar days or
more has elapsed from the date the citation was issued
by the arresting officer.
F. Following receipt of the notice and request from the court
clerk for driving privilege and driver license suspension as
provided for in subsection E of this section, the Department of
Public Safety Service Oklahoma shall proceed as provided for in
Section 1115.5 of this title.
G. The municipal or district court clerk shall maintain a
record of each request for driving privilege and driver license
suspension submitted to the Department of Public Safety Service
Oklahoma pursuant to the provisions of this section. When the court
or court clerk receives appropriate bail or payment of the fine and
costs, settles the citation, makes other arrangements wit h the
defendant, or otherwise closes the case, the court clerk shall
furnish proof thereof to the defendant, if the defendant persona lly
appears, or shall mail such proof by first-class mail, postage
prepaid, to the defendant at the address noted on the ci tation or at
such other address as is furnished by the defendant or by email if
the defendant has furnished an email address for such purposes.
Additionally, the court or court clerk shall notify the home
jurisdiction of the defendant as listed on the cit ation, if such
jurisdiction is a member of the Nonresident Violator Compact, and
shall, in all other cases, notify the Department Service Oklahoma of
the resolution of the case. The form of proof and the procedures
for notification shall be approved by the Department of Public
Safety Service Oklahoma. Provided however, failure by th e court or
court clerk to furnish such proof or notic e in the manner provided
for in this subsection shall in no event create any civil liability
ENR. S. B. NO. 623 Page 44
upon the court, the court cler k, the State of Oklahoma or any
political subdivision thereof, or any state depa rtment or agency or
any employee thereof but duplicat e proof shall be furnished to the
person entitled to such proof or notice upon request.
H. For purposes of this section, “electronic signature ” shall
have the same meaning as defined in Section 15 -102 of Title 12A of
the Oklahoma Statutes.
SECTION 8. AMENDATORY 22 O.S. 2021, Section 1115.5, is
amended to read as follows:
Section 1115.5. A. 1. Following receipt of notification and a
request for driving privilege suspension fro m a municipal or
district court clerk as provided for in Section 1115.1 of this title
or Section 1 of this act, the Department of Public Safety Service
Oklahoma shall:
a. suspend the privilege of the person to operate a motor
vehicle in this state; or
b. request suspension of the driving privilege of the
person in the state which issued the license as
provided by the Nonresident Violator Compact.
A person whose license is subject to suspension pursuant to this
section may avoid the effective date of the sus pension or, if
suspended, shall be eligible for reins tatement, if otherwise
eligible, upon meeting the requirements of subsection C of this
section.
2. The Department of Public Safety Service Oklahoma may decline
to initiate such suspension action if the request is discovered to
be improper or questionable.
3. The Department Service Oklahoma shall not be required to
issue more than one suspension of the driving privilege of a person
in the event multiple requests for suspensions are received from a
court clerk based upon the failure of the person to appear at a
particular time and date on multiple charges.
ENR. S. B. NO. 623 Page 45
B. Following receipt of a request from another jurisdiction for
the suspension of the driving pr ivilege of an Oklahoma resident as
provided by the Nonr esident Violator Compact, the Department of
Public Safety Service Oklahoma, if the request appears to be v alid,
shall initiate suspension of the privilege of the person to operate
a motor vehicle in th is state. If suspended, such suspension shall
remain in effect until the person meets the requirements of
subsection C of this section.
C. 1. A person whose l icense is subject to suspension in this
state pursuant to the provisions of this section may av oid the
effective date of suspension, or if suspended i n this state, shall
be eligible for reinstatement, if otherwise eligible, upon:
a. making application ther efore to the Department of
Public Safety Service Oklahoma, and
b. showing proof from the court or court clerk that the
person has entered an appearanc e in the case which was
the basis for the suspension action and was released
by the court as provided for by the Nonresident
Violator Compact or consistent provisions, and
c. submitting with the applic ation the fees, as provided
for in Section 6-212 of Title 47 of the Oklahoma
Statutes. The fees shall be re mitted to the State
Treasurer to be credited to the G eneral Revenue Fund
of the State Treasury;
2. Upon reinstatement, the Department of Public Saf ety Service
Oklahoma may remove any record of the suspe nsion and reinstatement
as provided for in this secti on from the file of the individual
licensee and maintain an internal record of the suspension and
reinstatement for fiscal and other purposes.
D. Any person whose driving privilege is suspended or subje ct
to suspension in this state pursuant to the provis ions of this
section, at any time, may informally pre sent specific reasons or
documentation to the Department of Public Safety Service Oklahoma to
show that such suspension may be unwarranted. The Department of
Public Safety Service Oklahoma may stay the suspension or suspension
action pending receipt of fu rther information or documentation from
ENR. S. B. NO. 623 Page 46
the person or from the jurisdiction requesting such sus pension, or
pending review of the record, or other inqu iry. If the Department
of Public Safety Service Oklahoma determines the suspension is
unwarranted, the suspension action shall be withdrawn or vacated
without the requirement of a processing fee and a reinstatement fee
and the Department of Public Safety Service Oklahoma shall
accordingly notify the jurisdi ction which requested the suspension.
If, however, the request for suspension appears valid, the
Department of Public Safety Service Oklahoma shall proceed with
suspension of the driving privilege of the person and the person
shall have the right to appea l as provided for by Section 6-211 of
Title 47 of the Oklahoma Statutes. Provided, however, the court
shall not consider modification, but shall ei ther sustain or vacate
the order of suspension of the Department of Public Safety Service
Oklahoma based upon the records on file with the Department of
Public Safety Service Oklahoma, the law and other relevant evidence.
SECTION 9. AMENDATORY 42 O.S. 2021, Section 90, is
amended to read as follows:
Section 90. A person or persons char ging a fee for the
preparation or assistance in prepa ration of notices required by
Chapter 2 of Title 42 of the Oklahoma Statutes, other than a person
licensed under Title 5 of the Oklahoma Statutes, sha ll register with
and submit a fifty-dollar annual fee to the Oklahoma Tax Commission
Service Oklahoma; provided, however, such requirements shall not
apply to a lawful possessor or employee of a lawful possessor of the
property for which such notices are i ssued. All documentation
related to notices prepared by a person required to register
pursuant to this section shall include the name of the person. A
penalty of One Hundred Dollars ($100.00) shall be imposed upon a
person who prepares or assists in the preparation of notices in
violation of the requiremen ts of this section. The Oklahoma Tax
Commission Service Oklahoma shall promulgate rules to effectuate the
requirements of this section.
SECTION 10. AMENDATORY 42 O.S. 2021, Sect ion 91, is
amended to read as follows:
Section 91.
ENR. S. B. NO. 623 Page 47
A. 1. a. This section applies to every vehicle, all-terrain
vehicle, utility vehicle, manufactured home,
motorcycle, boat, outboard motor, or trailer that has
a certificate of title issued b y the Oklahoma Tax
Commission Service Oklahoma or by a federally
recognized Indian tribe in the State of Oklahoma,
except as otherwise provided in subsection D of this
section. This section does not apply to farm
equipment as defined in Section 91.2 of th is title.
The items of personal property to which this section
applies are collectively referred to as “Section 91
Personal Property”. If personal property is
apparently covered both by this section and by
Sections 191 through 200 of this title, the proc edures
set out in this section shall apply instead of
Sections 191 through 200 of this title.
b. Salvage pools as defined in Section 591.2 of Title 47
of the Oklahoma Statutes and class AA licensed wrecker
services taking possession of a vehicle pursuant t o an
agreement with or at the direction of, or dispatched
by, a state or local law enforcement or government
agency, or pursuant to the abandoned vehicle renewal
provisions of Section 954A of Title 47 of the Oklahoma
Statutes, shall not be subject to the p rovisions of
this section, but shall be subject to the provisions
of Section 91A of this title. Unless otherwise
provided by this subparagraph, class AA licensed
wrecker services performing consensual tows shall be
subject to the provisions of this sectio n.
2. Any person who, while lawfully in possession of an article
of Section 91 Personal Property, renders any service to the owner
thereof by furnishing storage, rental space, material, labor or
skill for the protection, improvement, safekeeping, towing, right to
occupy space, storage or carriage thereof, has a special lien
thereon, dependent on possession, for the compensa tion, if any,
which is due to such person from the owner for such service.
3. This special lien shall be subordinate to any perfected
security interest unless the claimant complies with the requireme nts
of this section. Failure to comply with any require ments of this
ENR. S. B. NO. 623 Page 48
section shall result in denial of any title application and cause
the special lien to be subordinate to any perfected lie n. Upon such
denial, the applicant shall be entitled to one resu bmission of the
title application within fifteen (15) bu siness days of receipt of
the denial, and proceed to comply with the requirements of this
section. In the event of a denial, the Notic e of Possessory Lien
and the Notice of Sale may be mailed on the same day in separate
envelopes and storage charges shall only be charged from the date of
resubmission. “Failure to comply” includes, but is not limited to:
a. failure to timely provide addi tional documentation
supporting or verifying any entry on submit ted forms as
requested by the Tax Commission Service Oklahoma,
including but not limited to United States Postal
Service proof of return receipt requested such as Form
3811 or United States Postal Service el ectronic
equivalent,
b. failure to provide the d ocumentation supporting lawful
possession as defined in pa ragraph 3 of subsection H of
this section,
c. claimant or the agent being other than the individual
who provided the service g iving rise to the specia l
lien, as in paragraph 2 of this subsection,
d. claimant not being in possession of the vehicle,
e. notice of lien not filed in accordance with paragraph 4
of this subsection, or
f. foreclosure notification and proceedings not
accomplished in accordance w ith paragraph 6 of this
section.
4. Any person claiming the special lien provided in paragraph 2
of this subsection shall mail a notice of such lien, no later than
sixty (60) days after the first services are rendered, by regular,
first-class United States mail, and by certified mail, return
receipt requested, to all interested parties who reside at separate
locations. If services provided are pursuant to a contract
primarily for the purpose of storage or rental of space, the
ENR. S. B. NO. 623 Page 49
beginning date of the sixty -day period provided in the previous
sentence shall be the first day of the first period or partial
period for which rental or storage charges remain unpaid. The
notice shall be in writing and shall contain, but not be limited to,
the following:
a. a statement that the notice is a Notice of Possessory
Lien,
b. the complete legal name, physical and mailing addre ss,
and telephone number of the claimant,
c. the complete legal name, physical and mailing address
of the person who requested that the claimant rende r
service to the owner by furnishing mat erial, labor or
skill, storage, or rental space, or the date the
property was abandoned if the claimant did not render
any other service,
d. a description of the article of personal property,
including a photograph i f the property is Section 91
Personal Property, and the complete physical and
mailing address of the locat ion of the article of
personal property,
e. an itemized statement describing the date or dates the
labor or services were performed and material
furnished, and the charges claimed for each item, the
totals of which shall equal the total compensation
claimed,
f. a statement by the claimant that the ma terials, labor
or skill furnished, or arrangement for storage or
rental of space, was authorized by the o wner of the
personal property and was in fact provided or
performed, and written proof of authority to per form
the work, labor or service, or that the property was
abandoned by the owner if the claimant did not render
any other service, and that storage or rental fees
will accrue as allowed b y law, and
ENR. S. B. NO. 623 Page 50
g. the signature of the claimant which shall be notarized
and, if applicable, the signature of the clai mant’s
attorney. If the claimant is a business, then the
name of the contact person representing the bus iness
must be shown. In place of an original signature and
notary seal, a digital or electronic signature or seal
shall be accepted.
5. For services rendered or vehicles abandoned on or after
November 1, 2005, storage charges or charges for rental of spa ce ,
unless agreed to by contract a s part of an overall transaction or
arrangement that was primarily for the purpose of storage of the
Section 91 Personal Property or rental of space, may only be
assessed beginning with the day that the Notice of Possesso ry Lien
is mailed as evidenced by c ertified mail. Provided, however, in the
case of contractual charges i ncurred for storage or rental of space
in an overall transaction primarily for the purpose of storage or
rental, charges subject to the special lien m ay only be assessed
beginning with a date not more than sixty (60) days prior to the day
that the Notice of Possessory Lien is mailed, and shall accrue only
at the regular periodic rate for storage or rental as provided in
the contract, adjusted for partia l periods of storage or rental.
The maximum allowable compensation for storage shall not exceed the
fees established by the Corporation Commission for nonconsensual
tows.
6. The lien may be foreclosed by a sale of such personal
property upon the notice a nd in the manner following: The Notice of
Sale shall be in writing and shall contain, but not be limited to:
a. a statement that the notice is a Notic e of Sale,
b. the names of all interested parties known to the
claimant,
c. a description of the property to be sold, including a
photograph if the property is Section 91 Personal
Property and if the condition o f such property has
materially changed since the mailing of Notice of
Possessory Lien required pursuant to paragraph 4 of
this subsection,
ENR. S. B. NO. 623 Page 51
d. a notarized statement of the nature of the work, labor
or service performed, material furnished, or storage
or rental of space, and the date thereof, and the n ame
of the person who authorized the work, labor or
service performed, or the storage or rental
arrangement, and written proof of autho rity to perform
the work, labor or service, or that the property was
abandoned if the claimant did not render any other
service,
e. the date, time, and exact physical location of sale,
f. the name, complete physical address, m ailing address,
and telephone number of the party foreclosing such
lien. If the claimant is a business, t hen the name of
the contact person representi ng the business must be
shown. In place of an original signature and notary
seal, a digital or electroni c signature or seal shall
be accepted, and
g. itemized charges which shall equal the total
compensation claimed.
7. Such Notice of Sale shall be poste d in two public places in
the county where the property is to be sold at least ten (10) days
before the time therein specified for such sale, and a copy of the
notice shall be mailed to all interested parties at their last-known
post office address by regu lar, first-class United States mail and
by certified mail, return receipt requested, at least ten (10) da ys
before the date of the sale. If the item of personal property is a
manufactured home, notice shall als o be sent by certified mail to
the county treasurer and to the county assessor of the county where
the manufactured home is located.
8. Interested parties shall include all o wners of the article
of personal property as indicated by the certificate of titl e issued
by the Tax Commission Service Oklahoma or by a federally recognized
Indian tribe in the State of Oklahoma; lien debtors, if any, other
than the owners; any lienholder whose lien is noted on the face of
the certificate of title; and any other perso n having any interest
in the article of perso nal property, of whom the claimant has actual
notice.
ENR. S. B. NO. 623 Page 52
9. Any interested party shall be permitted to insp ect and
verify the services rendered by the claimant prior to the sale of
the article of personal property during normal business hours. The
lienholder shall be allowed to retrieve the Section 91 Personal
Property without being required to bring the title into the
lienholder’s name, if the lienholder provides proof it is a
lienholder and any payment due the c laimant for lawful charges where
the claimant has complied with the requirements of this section.
Upon the release of personal property to an insurer or
representative of th e insurer, wrecker operators shall be exempt
from all liability and shall be held harmless for any losses or
claims of loss.
10. The claimant or any other person may in good faith become a
purchaser of the property sold.
11. Proceedings for foreclosure under this act shall be
commenced no sooner than ten (10) days and no later than th irty (30)
days after the Notice of Possessory Lien has been mailed as
evidenced by certified mail. The date actually sold shall be within
sixty (60) days from the date of the Notice of Sale as evidenced by
certified mail.
B. 1. a. Any person who is induce d by means of a check or other
form of written order for immediate payment of money
to deliver up possession of an article of personal
property on which the person has a special lien
created by subsection A of this section, which check
or other written ord er is dishonored, or is not paid
when presented, shall have a lien for the amount
thereof upon the personal property.
b. The person claiming such lien shall, within thirty
(30) days from the date of dishonor of the check or
other written order for payment of money, file in the
office of the county clerk of the county in which the
property is situated a sworn statement that:
(1) the check or other writte n order for immediate
payment of money, copy thereof being attached,
was received for labor, material or s upplies for
ENR. S. B. NO. 623 Page 53
producing or repairing an article of personal
property, or for other specific property -related
services covered by this section,
(2) the check or other written order was not paid,
and
(3) the uttering of the check or other written order
constituted the means for inducing the person,
one possessed of a special lien created by
subsection A of this section upon the described
article of personal property, to deliver up the
article of personal prop erty.
2. a. Any person who renders service to the o wner of an
article of personal property by furnishing storage,
rental space, material, labor, or skill for the
protection, improvement, safekeeping, t owing, right to
occupy space, storage, or carriage th ereof shall have
a special lien on such property purs uant to this
section if such property is removed from the person ’s
possession, without such person ’s written consent or
without payment for such servi ce.
b. The person claiming such lien shall, within fi ve (5)
days of such nonauthorized removal, file in th e office
of the county clerk of the county in which the
property is located, a sworn statement including:
(1) that services were rendered on or in rel ation to
the article of personal property by the pers on
claiming such lien,
(2) that the property was in t he possession of the
person claiming the lien but such property was
removed without his or her written consent,
(3) an identifying description of the article of
personal property on which the service was
rendered, and
ENR. S. B. NO. 623 Page 54
(4) that the debt for the services ren dered on or in
relation to the article of personal property was
not paid. Provided, if the unpaid total amount
of the debt for services rendered on o r in
relation to the article of personal property is
unknown, an approximated amount of the debt due
and owing shall be included in the sworn
statement but such approximated debt may be
amended within thirty (30) days of such filing to
reflect the actual a mount of the debt due and
owing.
3. The enforcement of the lien shall be within sixty (60) days
after filing the lien in the manner provided by law for enforcing
the lien of a security agreement and provided that the lien shall
not affect the rights of in nocent, intervening purchasers without
notice.
C. If the person who renders service to the owner of an ar ticle
of personal property to which this section applies relinquishes or
loses possession of the article due to circumstances described in
subparagraph a of paragraph 1 or subparagraph a of paragraph 2 o f
subsection B of this section, the person claiming t he lien shall be
entitled to possession of the article until the amount due is paid,
unless the article is possessed by a person who became a bona fid e
purchaser. Entitlement to possession shall be in a ccordance with
the following:
1. The claimant may ta ke possession of an article pursuant to
this subsection only if the person obligated under the contract for
services has signed an acknowledgement of receipt of a notice that
the article may be subject t o repossession. The notice and
acknowledgement pursu ant to this subsection shall be:
a. in writing and separate from the written contract for
services, or
b. printed on the written contract for services , credit
agreement or other document which displays t he notice
in bold-faced, capitalized and underlined t ype, or is
separated from surrounding written material so as to
be conspicuous with a separate signature line;
ENR. S. B. NO. 623 Page 55
2. The claimant may require the person obligated under the
contract for services to pay the costs of repossession as a
condition for reclaiming the article only to the extent of the
reasonable fair market value of the services required to take
possession of the article;
3. The claimant shall not transfer to a third party or to a
person who performs repossession services, a check, money order, or
credit card transaction that is received as payment for services
with respect to an article and that is returned to the claimant
because of insufficie nt funds or no funds, because the person
writing the check, issuing the money order, or credit cardholder has
no account or because the check, money order, or credit card account
has been closed. A person violating this paragraph shall be guilty
of a misdemeanor; and
4. An article that is repossessed pursu ant to this subsection
shall be promptly delivered to the location where the services were
performed. The article shall remain at the services location at all
times until the article is lawfully returne d to the record owner or
a lienholder or is disposed of pursuant to this section.
D. 1. If a vehicle, al l-terrain vehicle, utility vehicle,
manufactured home, motorcycle, boat, outboard motor, or trailer has
a certificate of title issued by the Tax Commission Service Oklahoma
or by a federally recognized I ndian tribe in the State of Oklahoma,
but there is no active lien recorded on the certificate of title,
Section 91A of this title will apply instead of this section.
Likewise, if there is an active lien recorded on the certificate of
title but the lien is over fifteen (15) years old and the property
is not a manufactured home, Section 91A of this title will apply
instead of this section.
2. If personal property that otherwise would be covered by this
section has been registered by the Tax Commission Service Oklahoma
or by a federally recognized Indian tribe in the State of Oklahoma,
and there is a lien of record but no certificate of title has been
issued, Section 91A of this title will apply instead of this
section.
ENR. S. B. NO. 623 Page 56
3. If personal property otherwise woul d be covered by this
section, but the services were r endered or the property was
abandoned prior to November 1, 2005, Section 91A of this title will
apply instead of this section.
E. A person who knowingly makes a false statement of a material
fact regarding the furnishing of storage, rental space, material ,
labor or skill for the protection, improvement, safekeeping, towing,
right to occupy space, storage or carriage thereof in a proceeding
under this section, or attempts to use or uses the provisions of
this section to foreclose an owner or lienholder’s interest in a
vehicle knowing that any of the statements made in the proceeding
are false, upon conviction, shall be guilty of a felony.
F. Upon receipt of notice of legal proceedings, the Tax
Commission Service Oklahoma shall cause the sale process to be p ut
on hold until notice of resolution of court proceedings is received
from the court. If such notice of commencement of court proceedings
is not filed with the Tax Commission Service Oklahoma, the
possessory lien sale process may continue.
G. No possessory lien sale shall be held on a Sunday.
H. For purposes of this section:
1. “Possession” includes actual possession and constructive
possession;
2. “Constructive possession” means possession by a per son who,
although not in actual possession, does not have an intention to
abandon property, knowingly has both power and the intention at a
given time to exercise dominion or control over the prope rty, and
who holds claim to such thing by virtue of some le gal right;
3. “Lawfully in possession” means a person has documentation
from the owner or the owner ’s authorized agent, or an insurance
company or its authorized agent, authorizing the furnishing of
material, labor or storage, or that the property was aut horized to
be towed to a repair facility. If the per son lacks such
documentation, he or she shall not be lawfully in possession of the
Section 91 Personal Property and shall not be entitled to a special
lien as set forth in this section; and
ENR. S. B. NO. 623 Page 57
4. “Itemized charges” means total parts, total labor, total
towing fees, total storage fees, total processing fees and totals of
any other fee groups, the sum total of which shall equal the
compensation claimed.
I. For purposes of this section, the United States Post al
Service approved electronic equivalent of proof of return receipt
requested Form 3811 shall satisfy return receipt requested
documentation requirements.
J. If a person claiming a special li en pursuant to this section
fails to comply with any of the req uirements of this section, any
interested party may p roceed against the person claiming such lien
for all damages arising therefrom, including conversion, if the
article of personal property ha s been sold. If the notice or
notices required by this section shall be shown to be knowingly
false or fraudulent, the interested party shall be entitled to
treble damages. The prevailing party shall be entitled to all
costs, including reasonable attorne y fees.
K. This section shall apply to all actions or proceedi ngs that
commence on or after the effective date of t his act.
SECTION 11. AMENDATORY 42 O.S. 2021, Section 91A, is
amended to read as follows:
Section 91A.
A. 1. a. This section applies to all types of personal property
other than:
(1) farm equipment as defined in Section 91.2 of thi s
title, and
(2) “Section 91 Personal Property ” as defined in
Section 91 of this title.
b. This section applies to any vehicle, all -terrain
vehicle, utility vehicle, manufactured home,
motorcycle, boat, outboard motor, or trailer that is
ENR. S. B. NO. 623 Page 58
excluded from coverage under subsection A of Section
91 of this title because the personal property:
(1) does not have a certificate of title,
(2) has a certificate of title but does not have an
active lien recorded on th e certificate of title,
(3) has a certificate of titl e that is not issued by
the Oklahoma Tax Commission Service Oklahoma or
by a federally recognized Indian tribe in the
State of Oklahoma, or
(4) is otherwise excluded by subparagraph b of
paragraph 1 of subsection A of Section 91 of this
title or subsection D of Section 91 of this
title.
c. If personal property has a certificate of title, or
would be required to have a certificate o f title under
Oklahoma law, and is apparently covered both by this
section and by Sections 191 through 200 of this title,
the procedures set out in this section shall apply
instead of Sections 191 through 200 of this title. If
personal property without a certificate of title and
not required to be titled under Oklahoma law is
covered both by this section and Sections 191 through
200 of this title, the procedures set out in Sections
191 through 200 of this title shall apply instead of
this section.
2. a. Any person who, while lawfully in possession of an
article of personal prop erty to which this section
applies, renders any servi ce to the owner thereof by
furnishing storage, rental space, material, labor or
skill for the protection, improvement, safekeep ing,
towing, right to occupy space, storage or carriage
thereof, has a speci al lien thereon, dependent on
possession, for the com pensation, if any, which is due
to such person from the owner for such service.
Charges owed under a contract primarily for th e
purpose of storage or rental of space shall be accrued
ENR. S. B. NO. 623 Page 59
only at the regular periodic rate for storage or
rental as provided in t he contract, adjusted for
partial periods of storage or rental.
b. Except for Class AA licensed wrecker towing charges,
the special lien shall be subordinate to any perfected
security interest unless the claimant complies with
the requirements of this sect ion. Failure to comply
with any requirements of this section shall result in
denial of any title application and cause the sp ecial
lien to be subordinate to any perfected lien. Upon
such denial, the applicant shall be entitled to one
resubmission of the title application within thirty
(30) business days of receipt of the denial, and
proceed to comply with the requirements of th is
section. “Failure to comply” includes, but is not
limited to:
(1) failure to timely provide additional
documentation supportin g or verifying any entry
on submitted forms as requested by the Tax
Commission Service Oklahoma,
(2) failure to provide the documentation supporting
lawful possession as outlined in paragraph 3 of
subsection H of this section,
(3) claimant being other than the individual who
provided the service giving rise to the special
lien, as in subparagraph a of this paragraph,
(4) claimant not being in possession of the vehicle,
or
(5) notification and proceedings not accomplished in
accordance with subparagraph c of this paragraph,
and paragraph 3 of this subsection.
c. Any person claiming a lien under this section shall
request, within five (5) business days of performing
any service or work on the property, the Tax
Commission Service Oklahoma or other appropriate
ENR. S. B. NO. 623 Page 60
license agency to furnish the name and address of the
current owner of and any lienholder upon the property.
The Motor Vehicle Division of the Tax Commission
Service Oklahoma or an appropriate license ag ency
shall respond in person or by mail to the lien
claimant within ten (10) business days of the receipt
of the request for information. The Tax Commission
Service Oklahoma shall render assistance to ascertain
ownership, if needed. The lien claimant sha ll send,
within seven (7) business days of receipt of the
requested information from the Oklahoma Tax Commission
Service Oklahoma or other license agency, a notice of
the location of the property by certified mail with
return receipt requested, postage pre paid, to the
owner and any lienholder of the vehicle at the
addresses furnished. The lien claimant may charge
Twenty Dollars ($20.00) for processing plus the cost
of postage if the notice is timely sent pursuant to
the requirements of this subparagraph in addition to
fees regulated by the Oklahoma Corporati on Commission
for licensed wreckers. If the lien claimant is unable
to meet the time requirements due to a lack of or a n
altered vehicle identification number on the property,
the lien claimant shall pr oceed diligently to obtain
the proper vehicle identif ication number and shall
meet the time requirements on the notice once the
vehicle identification number is known. If t he lien
claimant is required to send additional notices
because of change of owners hip or lienholder after it
has timely complied with t he requirements of this
subparagraph, the lien claimant sha ll remain in
compliance if such additional notices are sent w ithin
the required time periods from the date of discovery
of the new owners or lie nholders. The notice shall be
in writing and shall c ontain, but not be limited to,
the following:
(1) a statement that the notice is a Notice of
Possessory Lien,
(2) the complete legal name, physical and mailing
address, and telephone number of the claima nt,
ENR. S. B. NO. 623 Page 61
(3) the complete legal name, physical and mailing
address of the person who requested that the
claimant render service to the owner by
furnishing material, labor or s kill, storage, or
rental space, or the date the property was
abandoned if the claimant did not render any
other service,
(4) a description of the article of personal
property, and the complete physi cal and mailing
address of the location of the article of
personal property,
(5) the nature of the work, labor or service
performed, material fu rnished, or the storage or
rental arrangement, and th e date thereof, and
written proof of authority to perform t he work,
labor or service provided that, in the case of a
law enforcement directed tow, the logbook entry
prescribed in OAC 595:25 -5-5 or the tow ticket as
defined by the Corporation Commission sha ll serve
as written proof of authority,
(6) the signature of the claimant which shall be
notarized and, if applica ble, the signature of
the claimant’s attorney. If the claimant is a
business, the name o f the contact person
representing the business shall be shown. In
place of an original signature and notary sea l, a
digital or electronic signature or seal shall be
accepted, and
(7) an itemized statement describing the date or
dates the labor or services were performed and
material furnished and the charge s claimed for
each item, the totals of which shall equal th e
total compensation claimed.
The lien claimant shall not be required to send the
notice required in this subparagraph if the property
is released to an interested party before the notice
ENR. S. B. NO. 623 Page 62
is mailed and no additional charges or fees continue
to accrue. If a law enforcement agency has the
property towed to a law enforcement facility, the
person claiming a lien under this section shall not be
required to send notice until the property is released
by law enforcement to the claimant or the date which
claimant starts charging storage, whichever is
earlier. A lien claimant shall have an extension of
ten (10) business days to send the notice required in
this subparagraph if a state of emergency has been
declared in the county in which the property is
located.
d. Subparagraphs b and c of this paragraph shall not
apply to salvage pools as defined in Secti on 591.2 of
Title 47 of the Oklahoma Statutes.
3. The lien may be foreclosed by a sale of such personal
property upon the notice and in the manner following: The n otice
shall be in writing and shall contain, but no t be limited to:
a. the names of the own er and any other known party or
parties who may claim any interest in the property,
b. a description of the property to be sold, including a
visual inspection or a p hotograph if the property is a
motor vehicle, and the physical location of the
property,
c. the nature of the work, labor or service performed,
material furnished, or the storage or rental
arrangement, and the date thereof, and written proof
of authority to perform the work, labor or service
provided. In the case of a law enforcement directed
tow, the logbook entry prescribed in OAC 595:25 -5-5 or
the tow ticket as defined by the Corporation
Commission, shall serve as written proof of authority,
d. the time and place of sale,
e. the name, telephone num ber, physical address and
mailing address of the claimant, and agent or
ENR. S. B. NO. 623 Page 63
attorney, if any, foreclos ing such lien. If the
claimant is a business, then t he name of the contact
person representing the business mus t be shown. In
place of an original signature and notary seal, a
digital or electronic sig nature or seal shall be
accepted, and
f. itemized charges which shall equal the total
compensation claimed .
4. a. Such Notice of Sale shall be posted in two public
places in the county where the property is to be sold
at least ten (10) days before the ti me therein
specified for such sale, and a copy of the notice
shall be mailed to the owner and any other pa rty
claiming any interest in the property, if known, at
their last-known post office address, by certif ied
mail, return receipt requested, at least te n (10) days
before the time therein specified for suc h sale. If
the item of personal property is a manufa ctured home,
notice shall also be sent by certified mail to the
county treasurer and to the county asse ssor of the
county where the manufactured home is located.
b. In the case of any item of personal pr operty without a
certificate of title and not require d to be titled
under Oklahoma law, a party who claims any interest in
the property shall include all o wners of the property;
any secured party who has an active financing
statement on file with the count y clerk of Oklahoma
County listing one or more owners of the property by
legal name as debtors and indicating a collateral
description that would include t he property; and any
other person having any int erest in the personal
property, of whom the claimant has actual notice.
c. In the case of personal propert y subject to this
section for which a certificate of title has been
issued by any jurisdiction, a par ty who claims any
interest in the property shall include all owners of
the article of personal propert y as indicated by the
certificate of title; lien debt ors, if any, other than
ENR. S. B. NO. 623 Page 64
the owners; any lienholder whose lien is noted on the
face of the certificate of title; and any other person
having any interest in the article of personal
property, of whom the c laimant has actual notice.
d. When the jurisdiction o f titling for a vehicle, all-
terrain vehicle, motorcycle, boat, outboard motor, or
trailer that is five (5) model years old or newer, or
a manufactured home that is fifteen (15) model years
old or newer, cannot be determined by ordinary means,
the claimant, the agent of the claimant, or the
attorney of the claimant, shall request, in writing,
that the Oklahoma Tax Commission Motor Vehicle
Division Service Oklahoma ascertain the jurisdiction
where the vehicle or manufactured home is titled. The
Oklahoma Tax Commission Motor Vehicle Division Service
Oklahoma shall, within fourteen (14) days from the
date the request is received, provide information as
to the jurisdiction where the personal property is
titled. If the Oklahoma Tax Commission Motor Vehicle
Division Service Oklahoma is unable to provide the
information, it shall provide notice that the record
is not available.
e. When personal property is of a type that Oklahoma law
requires to be titled, the o wner of record of that
property is unknown, and the j urisdiction of titling
and owner of record cannot be determined by ordinary
means and also, if appl icable, cannot be determined in
accordance with the preceding subparagraph, then the
special lien may be foreclosed by publication of a
legal notice in a leg al newspaper in the county where
the personal property is located, as defined in
Section 106 of Title 25 of the Oklahoma Statutes.
Such notice shall include the description of the
property by year, make , vehicle identification number
if available from the property, the name of the
individual who may be contacted for information, and
the telephone number of that person or the address
where the vehicle is located. The legal notice shall
be published once per week for three (3) consecutive
weeks. As soon as circumstances exist as described in
ENR. S. B. NO. 623 Page 65
the first sentence of this subparagraph, the first
date of publication may occur even if the special lien
has not accrued for over thirty (30) days. The first
date available for public sale of the vehicle is the
day following publication of the final notice, but no
fewer than thirty (30) days after the lien has
accrued. When the owner of record is unknown, the
Notice of Sale nevertheless must be completed and
mailed to any known interested party by certified
mail. For purposes of this paragraph, interested
parties shall include all persons described in
subparagraph b or subparagraph c of this paragraph,
whichever is applicable, with the exception of any
owner who is unknown. Except in circumstances
described in paragraph 7 of this subsection that
provide for a shorter time period, the Notice of Sale
shall be posted in two public places in the county
where the property is to be sold at least ten (10)
days before the time therein specified for such sale,
and the Notice of Sale shall not be mailed until at
least thirty (30) days after the lien has accrued.
5. The lienor or any other person may in good faith become a
purchaser of the property sold.
6. Proceedings for fo reclosure under this act shall not be
commenced until thirty (30) days after the lien has accrued, except
as provided elsewhere in Oklahoma law.
7. Notwithstanding any other provision of law, proceeding s for
foreclosures for the storage of junk vehicles t owed and stored
pursuant to Section 955 of Title 47 o f the Oklahoma Statutes by
Class AA wreckers listed with the Motor Vehicle Division of the
Department of Public Safety, may be commenced five (5) days after
the lien has accrued. For purposes of this pa ragraph, “junk
vehicles” means any vehicle that is more than ten (10) years old if
the cost of a comparable vehicle would be less than Three Hundred
Dollars ($300.00) as quoted in the latest edition of t he National
Automobile Dealers Association Official U sed Car Guide or latest
monthly edition of any other nationally recognized published
guidebook, adjusting to the condition of the vehicle.
ENR. S. B. NO. 623 Page 66
B. 1. a. Any person who is induced by means of a check or other
form of written order for immediate payment of money
to deliver up possession of an article of personal
property on which the person has a special lien
created by subsection A of this section, which ch eck
or other written order is dishonored, or is not pai d
when presented, shall have a lien for the amount
thereof upon the personal property.
b. The person claiming such lien shall, within thirty
(30) days from the date of dishonor of the check or
other written order for payment of money, file in the
office of the county clerk of the county in which the
property is situated a sworn statement that:
(1) the check or other written order for immediate
payment of money, copy thereof being attached,
was received for labor, material or supplies for
producing or repairing an article of personal
property, or for other spe cific property-related
services covered by this section,
(2) the check or other written order was not paid,
and
(3) the uttering of the check or other written order
constituted the means for inducing the person,
one possessed of a special lien created by
subsection A of this section upon the described
article of personal property, to deliver up the
article of personal property.
2. a. Any person who renders service to the owner of an
article of personal property by furnishing storage,
rental space, materia l, labor, or skill for the
protection, improvement, safekeeping, towing, right to
occupy space, storage, or carriage thereof shall have
a special lien on such property pursuant to this
section if such property is removed from the person ’s
possession, without such person’s written consent or
without payment for such service.
ENR. S. B. NO. 623 Page 67
b. The person claiming such lien shall, within five (5)
days of such nonauthorized removal, file in the office
of the county clerk of the county in which the
property is located, a sworn statement including:
(1) that services were rendered on or in relation to
the article of personal property by the person
claiming such lien,
(2) that the property was in the possession of the
person claiming the lien but such property was
removed without his or her written consent,
(3) an identifying description of the article of
personal property on or in relation to which the
service was rendered, and
(4) that the debt for the services rendered on or i n
relation to the article of personal property was
not paid. Provided, if the unpaid total amount
of the debt for services rendered on or in
relation to the article of personal property is
unknown, an approximated amount of the debt due
and owing shall be included in the sworn
statement but such approximate d debt may be
amended within thirty (30) days of such filing to
reflect the actual amount of the debt due and
owing.
3. The enforcement of the lien shall be within sixty (60) days
after filing the lien in the manner provided by law for enforcing
the lien of a security agreement and provided that the lien shall
not affect the rights of innocent, intervening purchasers without
notice.
C. If the person who renders service to the owner of an article
of personal property to which this section applies relinquis hes or
loses possession of the article due to circumstances described in
subparagraph a of paragraph 1 or subparagraph a of paragraph 2 of
subsection B of this section, the person claiming the lien shall be
entitled to possession of the article until the a mount due is paid,
unless the article is possessed by a person who became a bona fide
ENR. S. B. NO. 623 Page 68
purchaser. Entitlement to possession shall be in accordance with
the following:
1. The claimant may take possession of an article pursuant to
this subsection only if th e person obligated under the contract for
services has signed an acknowledgment of receipt of a notice that
the article may be subject to repossession. The notice and
acknowledgment pursuant to this sub section shall be:
a. in writing and separate from the written contract for
services, or
b. printed on the written contract for services, credit
agreement or other document which displays the notice
in bold-faced, capitalized and underlined type, or is
separated from surrounding written material so as to
be conspicuous with a separate signature line;
2. The claimant may require the person obligated under the
contract for services to pay the costs of repossession as a
condition for reclaiming the article onl y to the extent of the
reasonable fair market value o f the services required to take
possession of the article;
3. The claimant shall not transfer to a third party or to a
person who performs repossession services, a check, money order, or
credit card transaction that is received as payment for services
with respect to an article and that is returned to the claimant
because of insufficient funds or no funds, because the person
writing the check, issuing the money order, or credit cardholder has
no account or because the check, money order, or credit card acc ount
has been closed. A person violating this paragraph shall be guilty
of a misdemeanor; and
4. An article that is repossessed pursuant to this subsection
shall be promptly delivered to the location w here the services were
performed. The article shall remain at the services location at all
times until the article is lawfully returned to the record owner or
a lienholder or is disp osed of pursuant to this section.
D. 1. This section applies if a vehic le, all-terrain vehicle,
manufactured home, motorcycl e, boat, outboard motor, or trailer has
ENR. S. B. NO. 623 Page 69
a certificate of title issued by the Tax Commission Service Oklahoma
or by a federally re cognized Indian tribe in Oklahoma, but there is
no active lien recorded on the certificate of title.
2. This section applies i f a vehicle, all-terrain vehicle,
utility vehicle, motorcycle, boat, outboard motor or trailer has a
certificate of title issued by the Tax Commission Service Oklahoma
or by a federally recognized Indian tribe in Oklahoma, and there is
an active lien recor ded on the certificate of title, but the lien is
over fifteen (15) years old.
3. This section applies if personal property to which Section
91 of this title otherwise would apply has been registered by the
Tax Commission Service Oklahoma or by a federally recognized Indian
tribe in the State of Oklahoma, and there is a lien of record but no
certificate of title has been issued.
4. This section applies if personal property to which Section
91 of this title otherwise would apply has not been registered by
either the Tax Commission Service Oklahoma or a federally recognized
Indian tribe in the State of Oklahoma, and no certificate of title
has been issued, but there is a lien of record.
5. This section app lies to personal property that otherwise
would be covered by Section 91 of this title, except that the
services were rendered or the property was abandoned prior to
November 1, 2005.
6. This section applies to a vehicle, all -terrain vehicle,
utility vehicle, manufactured home, motorcycle, boat, outboard
motor, or trailer for which ownership cannot be determined by
ordinary means or by the Oklahoma Tax Commission Motor Vehicle
Division Service Oklahoma, as provided in subparagraphs d and e of
paragraph 4 of subsection A of this section, as applicable.
7. This section applies to items of personal property that are
not required by Oklahoma law to be titled, and that do not have a
certificate of title.
8. This section applies to salvage pools as defined in Se ction
591.2 of Title 47 of the Oklahoma Statutes.
ENR. S. B. NO. 623 Page 70
9. This section applies to class AA licensed wrecker services
taking possession of a vehicle pursuant to an agreement with, or at
the direction of, or dispatched by a state or local law enforcement
or government agency, or pursuant to the abandoned vehicle r emoval
provisions of Section 954A of Title 47 of the Oklahoma Statutes with
respect to all types of personal property, re gardless of whether
that personal property has a certificate of title.
10. For a vehicle abandoned at a salvage pool, if the cost of
repairing the vehicle for safe operation on the highway does not
exceed sixty percent (60%) of the fair market value of t he vehicle
as defined in Section 1111 of Title 47 of the Oklahoma Statutes, a
salvage title shall not be required.
E. A person who knowingly makes a false statement of a material
fact regarding the furnishing of storage, rental space, material,
labor or skill for the protection, improvement, safekeeping, towing,
right to occupy space, s torage or carriage thereof in a proceeding
under this section, or attempts to use or uses the provisions of
this section to foreclose an owner or lienholder ’s interest in a
vehicle knowing that any of the statements made in the proceeding
are false, upon conviction, shall be guilty of a felony.
F. Upon receipt of notice of legal proceedings, the Tax
Commission Service Oklahoma shall cause the sale process to be put
on hold until notice of resolution of court proceedings is received
from the court. If such notice of commencement of court proceedings
is not filed with the Tax Commission Service Oklahoma, the
possessory lien sale process may continue.
G. No possessory lien sale shall be held on a Sunday.
H. For purposes of this section:
1. “Possession” includes actual possession and constructive
possession;
2. “Constructive possession” means possession by a person who,
although not in actual possession, does not have a n intention to
abandon property, knowingly has both power and the intention at a
given time to exercise dominion or control over the property, and
who holds claim to such thing by virtue of some legal right;
ENR. S. B. NO. 623 Page 71
3. “Lawfully in possession ” means a person has documentation
from the owner or the owner ’s authorized agent, or an insurance
company or its authorized agent, authorizing the furnishing of
material, labor or storage, or that the property was authorized to
be towed to a repair facility.
Class AA wrecker services taking possession of a vehicle
pursuant to an agreement with, or at the directio n of, or dispatched
by, a state or local law enforcem ent or government agency, or
pursuant to the abandoned vehicle removal provisions of Section 954A
of Title 47 of the Oklahoma Statutes, shall be considered lawfully
in possession of the vehicle. If the person lacks such
documentation, the procedures estab lished by this section shall not
apply; and
4. “Itemized charges” means total parts, total labor, total
towing fees, total storage fees, total processing fees and totals of
any other fee groups, the sum total of which shall equal the
compensation claimed.
I. For purposes of this section, the United States Postal
Service approved electronic equivalent of proof of return receipt
requested Form 3811 shall satisfy return receipt requested
documentation requirements.
J. If a person claiming a special lien pur suant to this section
fails to comply with any of the requirements of this section, any
interested party may proceed against the person claiming such lien
for all damages arising therefrom, including con version, if the
article of personal property has been sold. If the notice or
notices required by this section shall be shown to be knowingly
false or fraudulent, the interested party shall be entitled to
treble damages. The prevailing party shall be enti tled to all
costs, including reasonable attorney fees .
K. Any interested party shall be permitted to visually inspect
and verify the services rendered by the cl aimant prior to the sale
of the article of property during normal business hours. If the
claimant fails to allow any interested party to inspect th e
property, the interested party shall mail a request for inspection
by certified mail, return receipt reque sted, to the claimant.
ENR. S. B. NO. 623 Page 72
Within three (3) business days of receipt of the request for
inspection, the claimant shall mail a photograph of the propert y, by
certified mail, return receipt requested, and a date of inspection
within five (5) business days from the date of the notice to
inspect. The lienholder shall be allowed to retrieve the property
without being required to bring the title into the lien holder’s
name, if the lienholder provides proof it is a lienholder and any
payment due the claimant for lawf ul charges where the claimant has
complied with this section. Upon the release of personal pro perty
to an insurer or representative of the insurer, wrecker operators
shall be exempt from all liability and shall be held harmless for
any losses or claims of loss. In the event any law enforcement
agency places a hold on the property, the party wantin g to inspect
or photograph the property shall obtain permission from the law
enforcement agency that placed the hold on the property before
inspecting or photogr aphing.
L. This section shall apply to all actions or proceedings that
commence on or after th e effective date of this act.
SECTION 12. AMENDATORY Section 6, Chapter 282, O.S.L.
2022 (47 O.S. Supp. 2022, Section 3 -106), is amended to read as
follows:
Section 3-106. A. There is hereby created in the State
Treasury a revolving fund for Service Oklahoma to be designated the
“Service Oklahoma Revolving Fund”. The fund shall be a continuing
fund, not subject to fiscal year limitat ions. All monies accruing
to the credit of said fund are he reby appropriated and shall be
budgeted and expended by Service Oklahoma for the restricted
purposes of the monies as prescribed by law. Expenditures from said
fund shall be made upon warrants is sued by the State Treasurer
against claims filed as prescrib ed by law with the Director of the
Office of Management and Enterprise Services for approva l and
payment.
B. There is hereby created in the State Treasury a revolving
fund for Service Oklahoma t o be designated the “Service Oklahoma
Reimbursement Fund”. The fund shall be a continuing fund, not
subject to fiscal year limitations. All monies acc ruing to the
credit of said fund are hereby appropriated and shall be budgeted
and expended by Service O klahoma for the restricted purposes of the
ENR. S. B. NO. 623 Page 73
monies as prescribed by law. Expenditures from said fund shall be
made upon warrants issued by the State Tre asurer against claims
filed as prescribed by law with the Director of the Office of
Management and Enter prise Services for approval and payment.
C. There is hereby created in the State Treasury a revolving
fund for Service Oklahoma, to be designated the “Service Oklahoma
Computer Imaging System Revolving Fund”. The fund shall be a
continuing fund not subj ect to fiscal year limitations. All monies
accruing to the credit of said fund are hereby appropriated and
shall be budgeted and expended by Service Okl ahoma for the purpose
of implementing, developing, administering, and maintaining the
computer imaging system of Service Oklahoma. Expenditures from said
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
D. There is hereby created a Petty Cash Fund for Service
Oklahoma. The fund shall be used by Service Oklahoma to operate
cash drawers as necessary. The a mount of the Petty Cash Fund shall
be determined by the Director of Service Oklahoma and the Director
of the Office of Management and Enterprise Services. Purchases from
the Petty Cash Fund shall be prohibited. The Director of Office of
Management and Enterprise Services shall be authorized to prescribe
forms, systems, and procedures for the administrati on of the Petty
Cash Fund.
SECTION 13. AMENDATORY 47 O.S. 2021, Section 6 -101, as
last amended by Section 37, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 6-101), is amended to read as follows:
Section 6-101. A. No person, except those hereinafter
expressly exempted in Sections 6 -102 and 6-102.1 of this title,
shall operate any motor vehicle upon a highway in this state unless
the person has a valid Oklahoma driver license for the class of
vehicle being operated under t he provisions of this title. No
person shall be permitted to pos sess more than one valid license at
any time, except as provided in paragraph 4 of subsec tion F of this
section.
ENR. S. B. NO. 623 Page 74
B. 1. No person shall operate a C lass A commercial motor
vehicle unless the person is eighteen (18) years of age or older and
holds a valid Class A commercial license, except as provided in
paragraph 5 of this subsection and subse ction F of this section.
Any person holding a valid Class A commercial license shall be
permitted to operate motor vehicles in Classes A, B, C and D, except
as provided for in paragraph 4 of this subsection.
2. No person shall operate a Class B commercia l motor vehicle
unless the person is eighteen (18) years of age or older and holds a
valid Class B commercial license, except as provided in paragraph 5
of subsection F of this section. Any person holding a valid Class B
commercial license shall be permit ted to operate motor vehicles in
Classes B, C and D, except as provided for in paragraph 4 of this
subsection.
3. No person shall operate a Class C commercial motor v ehicle
unless the person is eighteen (18) years of age or older and holds a
valid Class C commercial license, except as provided in subsection F
of this section. Any person holding a vali d Class C commercial
license shall be permitted to operate motor veh icles in Classes C
and D, except as provided for in paragraph 4 of this subsection.
4. No person under twenty-one (21) years of age shall be
licensed to operate any motor vehicle which i s required to be
placarded for hazardous materials pursuant to 49 C.F .R., Part 172,
subpart F, except as provided in subsection F of this section;
provided, a person eighteen (18) years of age or older may be
licensed to operate a farm vehicle which is req uired to be placarded
for hazardous materials pursuant to 49 C.F.R., Part 172, subpart F,
except as provided in subsection F of this section.
5. A person at least seventeen (17) years of age who
successfully complete s all examinations required by law may be
issued by Service Oklahoma:
a. a restricted Class A commercial lic ense which shall
grant to the licensee the privilege to operate a Class
A or Class B commercial motor vehicle for harvest
purposes or a Class D moto r vehicle, or
ENR. S. B. NO. 623 Page 75
b. a restricted Class B commercial license which shall
grant to the licensee the privilege to operate a Class
B commercial motor vehicle for harvest purposes or a
Class D motor vehicle.
6. No person shall operate a Class D motor vehicle unle ss the
person is sixteen (16) years of age or older and holds a valid Class
D license, except as provided fo r in Section 6-102 or 6-105 of this
title. Any person holding a valid Class D licens e shall be
permitted to operate motor vehicles in Class D only.
C. Any person issued a driver license pursuant to this section
may exercise the privilege thereby granted upon all streets and
highways in this state.
D. No person shall operate a motorcycle or motor-driven cycle
without having a valid Class A, B, C or D license with a motorcycle
endorsement. Except as otherwise provided by law, any new applicant
for an original driver license shall be required to successfully
complete a written examination, vision examination and driving
examination for a motorcycle as prescribed by the Department of
Public Safety, in conjunction with Service Oklahoma, and a certified
state-approved motorcycle basic rider course approved by the
Department, in conjunction wit h Service Oklahoma, if the applicant
is seventeen (17) years of age or younger to be eligible for a
motorcycle endorsement thereon. The written examination and driving
examination for a motorcycle shall be waived by Service Oklahoma
upon verification that the person has successfully completed a
certified Motorcycle S afety Foundation rider course approved by the
Department, in conjunction with Service Oklahoma.
E. Except as otherwise provided by law, any person who lawfully
possesses a valid Oklahoma drive r license which is eligible for
renewal shall be required to su ccessfully complete a written
examination, vision examination and driving examination for a
motorcycle as prescribed by the Department, in conjunction with
Service Oklahoma, and a certified sta te-approved motorcycle basic
rider course approved by the Depar tment, in conjunction with Service
Oklahoma, if the person is seventeen (17) years of age or younger to
be eligible for a motorcycle endorsement. The written examination
and driving examinatio n for a motorcycle shall be waived by Service
Oklahoma upon verification that the person has successfully
ENR. S. B. NO. 623 Page 76
completed a certified Motorcycle Safety Foundation rider course
approved by the Department, in conjunction with Service Oklahoma.
F. 1. Any person e ighteen (18) years of age or older may apply
for a restricted Class A, B or C commercial learner permit. Service
Oklahoma, after the applicant has passed all parts of the
examination for a Class D license and has successfully passed all
parts of the examination for a Class A, B or C commercial license
other than the driving examination, may issue to the applicant a
commercial learner permit which shall entitle the person h aving
immediate lawful possession of the commercial learner permit and a
valid Oklahoma driver license or provisional driver license pursuant
to Section 6-212 of this title to operate a Class A, B or C
commercial motor vehicle upon the public highways sole ly for the
purpose of behind-the-wheel training in accordance with rules
promulgated by the Department.
2. This commercial learner permit shall be issued for a period
as provided in Section 6-115 of this title of one hundred eighty
(180) days, which may b e renewed one time for an additional one
hundred eighty (180) days one year; provided, such commercial
learner permit may be suspended, revoked, can celed, denied or
disqualified at the discretion of the Department, with notice to
Service Oklahoma, for viol ation of the restrictions, for failing to
give the required or correct information on the application or for
violation of any traffic laws of this s tate pertaining to the
operation of a motor vehicle. Except as otherwise provided, the
lawful possessor of a commercial learner permit who has been issued
a commercial learner permit for a min imum of fourteen (14) days may
have the restriction requiring a n accompanying driver removed by
satisfactorily completing a driver ’s examination; provided, the
removal of a restriction shall not authorize the operation of a
Class A, B or C commercial motor vehicle if such operation is
otherwise prohibited by law.
3. No person shall apply for and Service Oklahoma shall not
issue an original Class A, B or C driver license un til the person
has been issued a commercial learner permit and held the permit for
at least fourteen (14) days. Any person who currently holds a Cl ass
B or C license and who wishes to apply for another class of
commercial driver license shall be required to apply for a
commercial learner permit and to hold the permit for at least
ENR. S. B. NO. 623 Page 77
fourteen (14) days before applying for the Class A or B license, as
applicable. Any person who currently holds a Class A, B or C
license and who wishes to add an endorsement or r emove a restriction
for which a skills examination is required shall be required to
apply for a commercial learner permit and to hold the permit for at
least fourteen (14) days before applying for the endorsement.
4. A commercial learner permit shall be i ssued by Service
Oklahoma as a separate and unique document which shall be valid only
in conjunction with a valid Oklahoma driver license or provisi onal
driver license pursuant to Section 6-212 of this title, both of
which shall be in the possession of the person to whom they have
been issued whenever that person is operating a commercial motor
vehicle as provided in this subsection.
5. After one renewal of a commercial learner permit, as
provided in paragraph 2 of this subsection, a commercial permit
shall not be renewed again. Any person who has held a commercial
learner permit for the initial issuance period and one renewal
period shall not be eli gible for and Service Oklahoma shall not
issue another renewal of the permit; provided, the person may
reapply for a new commercial learner permit, as provided for in this
subsection.
G. 1. For purposes of this title:
a. “REAL ID Compliant Driver License ” or “Identification
Card” means a driver license or identification card
issued by the State of Oklahoma tha t has been
certified by the United States Department of Homeland
Security (USDHS) as compliant with the requirements of
the REAL ID Act of 2005, Public Law No. 109-13. A
REAL ID Compliant Driver License or Identification
Card and the process through which it is issued
incorporate a variety of security measures designed to
protect the integrity and trustworthiness of the
license or card. A REAL ID Compliant Driver License
or Identification Card will be clearly marked on the
face indicating that it is a com pliant document, and
b. “REAL ID Noncompliant Driver License ” or
“Identification Card” means a driver license or
ENR. S. B. NO. 623 Page 78
identification card issued by the S tate of Oklahoma
that has not been certified by the United States
Department of Homeland Security (USDHS) as being
compliant with the requirements of the REAL ID Act. A
REAL ID Noncompliant Dr iver License or Identification
Card will be clearly marked on the face indicating
that it is not compliant with the federal REAL ID Act
and is not acceptable for official federal purposes.
The driver license or identification card will have a
unique design or color indicator that clearly
distinguishes it from a compl iant license or card.
2. Original Driver License and Identification Card Issuance:
a. Application for an or iginal REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Car d
shall be made to Service Oklahoma. Beginning January
1, 2023, application for an original REAL ID Compliant
Driver License or Identification Card may be made to
Service Oklahoma or a licensed operator provided such
licensed operator is authorized to proc ess
applications for REAL ID Compliant Driver Licenses and
Identification Cards. Applications for a REAL ID
Noncompliant Driver License or Identification Card
shall be made to Service Oklahoma.
b. Service Oklahoma employees shall perform all document
recognition and other requirements needed for approval
of an original REAL ID Compliant or REAL ID
Noncompliant Driver License or Identification Card
application. Beginning January 1, 2023, Service
Oklahoma employees or authorized licensed operators
shall perform all document recognition and other
requirements necessary for approval of an original
REAL ID Compliant Driver License or Identification
Card application. Service O klahoma employees shall
perform all document recognition and other
requirements necessa ry for approval of a REAL ID
Noncompliant Driver License or Identification Card
application.
ENR. S. B. NO. 623 Page 79
c. Upon approval of an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
application, the applicant may take the approved
application document to a licensed operator to receive
a temporary driver license or identification card.
d. The licensed operator shall process the approved REAL
ID Compliant or REAL ID Noncompliant Driver License or
Identification Card application and upo n payment shall
provide the applicant a temporary driver licen se or
identification card. A temporary driver license or
identification card shall afford the holder the
privileges otherwise granted by the specific class of
driver license or identification c ard for the period
of time listed on the temporary driver lice nse or
identification card or the period of time prior to the
applicant receiving a REAL ID Compliant or REA L ID
Noncompliant Driver License or Identification Card,
whichever time period is shor ter.
3. REAL ID Compliant Driver License and Identification C ard
Renewal and Replacement:
a. Application for renewal or replacement of a REAL ID
Compliant Driver License or Identification Card may be
made to Service Oklahoma or to a licensed operator;
provided, such licensed operator is authorized to
process application for REAL ID Compliant Driver
Licenses and Identification Cards. A licensed
operator may process the vo luntary downgrade of a REAL
ID Compliant Commercial Driver License to any lower
class license upon request of the licensee; provided,
no additional endorsements or restrictions are placed
on the license.
b. Service Oklahoma employees or authorized licensed
operators shall perform all document recognition and
other requirements needed for approval of a renewal or
replacement REAL ID Compliant Driver License or
Identification Card application.
ENR. S. B. NO. 623 Page 80
c. Upon approval of a renewal or replacement REAL ID
Compliant Driver License or Identification Card
application, the applicant may receive a temporary
driver license or identification card from Service
Oklahoma or an authorized licensed operator.
d. A temporary driver license or identification card
acquired under the pr ovisions of this paragraph shall
afford the holder the privileges otherwi se granted by
the specific class of driver license or identification
card being renewed or replaced for the period of time
listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Compli ant Driver License
or Identification Card, whichever time period is
shorter.
e. For purposes of this title, an application for a REAL
ID Compliant Driver License or Identification Car d by
an individual with a valid Oklahoma -issued driver
license or identification card shall be considered a
renewal of a REAL ID Compliant Driver License or
Identification Card.
4. REAL ID Noncompliant Driver License and Identification Card
Renewal and Replacement:
a. Application for renewal or replacement of a REAL ID
Noncompliant Driver License or Identification Card may
be made to Service Oklahoma or to a licensed operator.
A licensed operator may process the voluntary
downgrade of a REAL ID Noncomplia nt Commercial Driver
License to any lower class license upon request of t he
licensee; provided, no additional endorsements or
restrictions are added to the license.
b. Service Oklahoma employees or licensed operators shall
perform all document recognition and other
requirements needed for approval of a renewal or
replacement REAL ID Noncompliant Driver License or
Identification Card application.
ENR. S. B. NO. 623 Page 81
c. Upon approval of a renewal or replacement REAL ID
Noncompliant Driver License or Identification Card
application, the applicant may receive a temporary
driver license or identificatio n card from Service
Oklahoma or a licensed operator.
d. A temporary driver license or identification card
acquired under the provisions of this paragraph shall
afford the holder the p rivileges otherwise granted by
the specific class of driver license or id entification
card being renewed or replaced for the period of time
listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Noncompliant Driver
License or Identification Card, whichever time period
is shorter.
H. 1. The fee charged for an approved application for an
original Oklahoma REAL ID Compliant or REAL ID Noncompliant Driver
License or an approved applicatio n for the addition of an
endorsement to a current valid Oklahoma REAL ID Compliant or REAL ID
Noncompliant Driver License shall be assessed in accor dance with the
following schedule:
Class A Commercial Learner
Permit $25.00
Class A Commercial License $25.00
Class B Commercial Learner
Permit $15.00
Class B Commercial License $15.00
Class C Commercial Learner
Permit $15.00
Class C Commercial License $15.00
Class D License $ 4.00
Motorcycle Endorsement $ 4.00
ENR. S. B. NO. 623 Page 82
2. Notwithstanding the provisions of Section 1104 of this
title, all monies collected from the fees charged for Class A, B and
C commercial licenses pursuant to the provisions of this subsection
shall be deposited in the General Revenue Fund of this state.
I. The fee charged for any failed examination sh all be Four
Dollars ($4.00) for any license classification. Notwithstand ing the
provisions of Section 1104 of this title, all monies collected from
such examination fees pursuant to the provisions of this subsection
shall be deposited in the General Reven ue Fund of this state.
J. In addition to any fee charged pursuant to the provisions of
subsection H of this section, the fee charged for the issuance or
renewal of a REAL ID Noncompliant Driver License shall be in
accordance with the following schedule; p rovided, that any applicant
who has a CDL Learner Permit s hall be charged only the replacem ent
fee for the issuance of the license:
License Class 4-year 8-year
Class A Commercial Learner
Permit $56.50 $113.00
Class A Commercial License $56.50 $113.00
Class B Commercial Learner
Permit $56.50 $113.00
Class B Commercial License $56.50 $113.00
Class C Commercial Learner
Permit $46.50 $93.00
Class C Commercial License $46.50 $93.00
Class D License $38.50 $77.00
K. In addition to any fee charged pursuant to the provisions of
subsection H of this section, the fee charge d for the issuance or
renewal of a REAL ID Compliant Driver License shall be in accordance
with the following schedule; provided, that any applicant who has a
ENR. S. B. NO. 623 Page 83
CDL Learner Permit shall be charged onl y the replacement fee for the
issuance of the license:
License Class 4-year 8-year
REAL ID Compliant Class A
Commercial Learner Permit $56.50 $113.00
REAL ID Compliant Class A
Commercial License $56.50 $113.00
REAL ID Compliant Class B
Commercial Learner P ermit $56.50 $113.00
REAL ID Compliant Class B
Commercial License $56.50 $113.00
REAL ID Compliant Class C
Commercial Learner Permit $46.50 $93.00
REAL ID Compliant Class C
Commercial License $46.50 $93.00
REAL ID Compliant Class D
License $38.50 $77.00
L. A commercial learner permit may be renewed one time for a
period of one hundred eighty (1 80) days. The cost for the renewed
permit shall be the same as for the original permit.
M. Notwithstanding the provisions of Section 1104 of this
title, of each fee charged pursuant to the provisions of subsections
J, K and L of this section:
1. Five Dollars and fifty cents ($5.50) of a 4-year license or
Eleven Dollars ($11.00) of an 8-year license shall be deposited to
the Trauma Care Assistance Revolving Fund cre ated in Section 1-
2530.9 of Title 63 of the Oklahoma Statutes;
2. Six Dollars and seventy -five cents ($6.75) of a 4-year
license or Thirteen Dollars and fifty cents ($13.50) of an 8-year
license shall be deposited to the Department of Public Safety
ENR. S. B. NO. 623 Page 84
Computer Imaging System Revolving Fund to be u sed solely for the
purpose of administration and ma intenance of the computerized
imaging system of the Department through October 31, 2022.
Beginning November 1, 2022, Six Dollars and seventy -five cents
($6.75) of a 4-year license or Thirteen Dollars and fifty cents
($13.50) of an 8-year license shall be deposited to the Service
Oklahoma Computer Imaging System Revolving Fund to be used solely
for the purpose of administration and maintenance of the
computerized imaging system of Service Oklahoma;
3. Ten Dollars ($10.00) of a 4 -year license or Twenty Doll ars
($20.00) of an 8-year license shall be deposited to the Department
of Public Safety Revolving Fund for all original or renewal
issuances of licenses through Octo ber 31, 2022. Beginning November
1, 2022, Ten Dollars ($10.00) of a 4 -year license or Twen ty Dollars
($20.00) of an 8-year license shall be deposited to the Service
Oklahoma Revolving Fund for all original or renewal issuances of
licenses; and
4. Five Dollars ($5.00) of a 4 -year license or Six Dollars
($6.00) of an 8-year license shall be depo sited to the State Public
Safety Fund created in Section 2-147 of this title.
N. All original and renewal driver licenses shall expire as
provided in Section 6 -115 of this title.
O. Any person sixty -two (62) years of age or older during the
calendar year of issuance or renewal of a Class D license or
motorcycle endorsement shall be charged the following prorated fee:
4-year 8-year
Age 62 $21.25 $42.50
Age 63 $17.50 $35.00
Age 64 $13.75 $27.50
Age 65 -0-
P. No person who has been honorably discharged fro m active
service in any branch of the Armed Forces of the United States or
ENR. S. B. NO. 623 Page 85
Oklahoma National Guard and who has been certified by the Un ited
States Department of Veterans Affairs, its successor or the Armed
Forces of the United States to be a disabled veter an in receipt of
compensation at the one-hundred-percent rate for a permanent
disability sustained through military action or accident resulting
from disease contracted while in such active service and reg istered
with the veterans registry created by the O klahoma Department of
Veterans Affairs shall be charged a fee for the issuance,
replacement or renewal of an Oklahoma driver license; p rovided, that
if a veteran has been previously exempt from a fee pursu ant to this
subsection, no registration with the ve terans registry shall be
required.
Q. In accordance with the provisions of subsection G of this
section, Service Oklahoma is authorize d to promulgate rules for the
issuance and renewal of driver licenses authorized pursuant to the
provisions of Sections 6 -101 through 6-309 of this title; provided,
that no such rules applicable to the issuance or renewal of REAL ID
Noncompliant Driver Lic enses shall create more stringent standards
than such rules applicable as of January 1, 2017, unless directly
related to a specific change in statutory law concerning standards
for REAL ID Noncompliant Driver Licenses. Applications, upon forms
approved by Service Oklahoma, for such licenses shall be handled, in
accordance with the provisions of subsection G of this section, by
the licensed operator; provided, Service Oklahoma is authorized to
assume these duties in any county of this state. Each licensed
operator accepting applications for driver licenses shall receive
Six Dollars ($6.00) for a 4 -year REAL ID Noncompliant D river License
or Twelve Dollars ($12.00) for an 8-year REAL ID Noncompliant Driver
License or Ten Dollars ($10.00) for a 4 -year REAL ID Compliant
Driver License or Twenty Dollars ($20.00) for an 8 -year REAL ID
Compliant Driver License to be deducted from t he total collected for
each license or renewal applicatio n accepted. Beginning July 1,
2022, and ending May 31, 2023, each motor licen se agent or licensed
operator accepting applications for driver licenses for individuals
over the age of sixty -five (65) years or for applications for driver
licenses pursuant to the provisions of subsection P of this section
shall receive Six Dollars ($6. 00) for a 4-year driver license or
Twelve Dollars ($12.00) for an 8 -year drive license, to be deducted
daily by the motor license agent or licensed operator receipts. The
amount retained pursuant to this subsection shall not be retain ed by
any state agency. The fees received by the licensed operator,
ENR. S. B. NO. 623 Page 86
authorized by this subsection, shall be used for operating expenses.
For purposes of this subsection, “licensed operator” shall mean an
individual who obtains a license from the Service Oklahoma Operator
Board to operate a designated Service Oklahoma location and offers
third-party fulfillment of designated services to be rend ered by
Service Oklahoma.
R. Notwithstanding the provisio ns of Section 1104 of this title
and subsection Q of this section and except as provided in
subsections H and M of this section, the first Sixty Thousand
Dollars ($60,000.00) of all monies collected pursuant to this
section shall be paid by the Oklahoma Ta x Commission to the State
Treasurer to be deposited in the General Revenue Fu nd of the State
Treasury.
The next Five Hundred Thousand Dollars ($500,000.00) of monies
collected pursuant to this secti on shall be paid by the Tax
Commission to the State Treasu rer to be deposited each fiscal year
under the provisions of this section to the credit of the Department
of Public Safety Restricted Revolving Fund for the purpose of the
Statewide Law Enforcement Communications System. All other monies
collected in excess of Five Hundred Sixty Thousand Dollars
($560,000.00) each fiscal year shal l be apportioned as provided in
Section 1104 of this title, except as otherwise provided in this
section.
S. Service Oklahoma shall retain the images displayed on
licenses and identification cards issued pursuant to the provisions
of Sections 6-101 through 6-309 of this title which may be used
only:
1. By a law enforcement agency for purposes of criminal
investigations, missing person investigations or any law enforcement
purpose which is deemed necessary by the Commissioner of Public
Safety;
2. By the driver licensing agency of another state for its
official purpose; and
3. As provided in Section 2 -110 of this title.
ENR. S. B. NO. 623 Page 87
All agencies approved by the Oklahoma Law Enforcement
Telecommunications System (OLETS) or the National Law Enforcement
Telecommunications System (NLETS) to receive photographs or
computerized images may obtain them through OLETS or through NLETS.
Photographs or computerized images may be obtained by law
enforcement one inquiry at a time.
The computer system and related equipment acquired f or this
purpose must conform to industry standards for interoperability and
open architecture. The Department of Public Safety may promulgate
rules to implement the provisions of this subsection.
T. No person may hold more than one state -issued or territory-
issued REAL ID Compliant Driver License or REAL ID Compliant
Identification Card from Oklahoma or any other state or territory.
Service Oklahoma shall not issue a REAL ID Com pliant Driver License
to a person who has been previously issued a REAL ID Co mpliant
Driver License or REAL ID Compliant Identification Card until such
license or identification card has been surren dered to Service
Oklahoma by the applicant. Service Oklah oma may promulgate rules
related to the issuance of replacement REAL ID Compl iant Driver
Licenses in the event of loss or theft.
U. Upon the effective date of this act Beginning May 24, 2021 ,
and ending on April 30, 2023, in addition to the amounts provide d in
subsection Q of this section, a licensed operator shall receive Five
Dollars ($5.00) for each processed application for a REAL ID
Compliant 4-year Driver License and Ten Dollars ($10.00) for e ach
processed application for a REAL ID Compliant 8-year Driver License.
Any additional amounts provided pursuant to this subsection s hall
not be retained by Service Oklahoma.
SECTION 14. AMENDATORY 47 O.S. 2021, Section 6 -105, as
amended by Section 42, Chapter 282, O.S.L. 2022 (47 O.S. S upp. 2022,
Section 6-105), is amended to read as follows:
Section 6-105. A. Unless a legal custodial parent or legal
guardian has filed an objection to licensure pursuant to Section 6 -
103.1 of this title, any person under eighteen (18) years of age who
is in compliance with or not subject to Section 6 -107.3 of this
title may be permitted to operate:
ENR. S. B. NO. 623 Page 88
1. A Class D motor vehicle under the graduated driver license
provisions prescribed in subsections B through E of this section;
2. A motorcycle under the pr ovisions prescribed in subsection H
of this section; or
3. A farm vehicle u nder the provisions prescribed in subsection
I of this section.
B. Any person who is at least fifteen (15) years of age may
drive during a session in which the driver is being ins tructed in a
driver education course, as set out in subparagraphs a, b, c, d and
e of paragraph 1 of subsection C of this section, by a certified
driver education instructor who is seated in the ri ght front seat of
the motor vehicle.
C. Any person:
1. Who is at least fifteen and one-half (15 1/2) years of age
and is currently receiving instruction in or has successfully
completed driver education. For purposes of this section, the term
“driver education” shall mean:
a. a prescribed secondary school drive r education course,
as provided for in Sections 19 -113 through 19-121 of
Title 70 of the Oklahoma Statutes,
b. a driver education course, certified by the Department
of Public Safety Service Oklahoma, from a parochial,
private, or other nonpublic secondary school,
c. a commercial driver training course, as defined by
Sections 801 through 808 of this title,
d. a parent-taught driver education course, certified by
Service of Oklahoma, in conjunction with the
Department of Public Safety. The Department Service
Oklahoma shall promulgate rules for any parent -taught
driver education cou rse, or
e. a driver education course certified by a state other
than Oklahoma; or
ENR. S. B. NO. 623 Page 89
2. Who is at least sixteen (16) yea rs of age,
may, upon successfully passing all parts of the dri ver license
examination administered by Service Oklahoma, or an approved wri tten
examination proctor, except the driving examination, be issued a
learner permit which will grant the permittee t he privilege to
operate a Class D motor vehicle upon the public highways only
between the hours of 5:00 a.m. and 10:00 p.m. and while accom panied
by a licensed driver who is at least twenty -one (21) years of age
and who is actually occupying a seat beside the permittee; provided,
the written examination for a learner permit may be waived by
Service Oklahoma upon verification that the person h as successfully
completed driver education.
D. 1. Any person:
a. who has applied for, been issued, and has posses sed a
learner permit for a minimum of six (6) months one
hundred eighty (180) days, and
b. whose custodial legal parent or legal guardian
certifies to Service Oklahoma by sworn affidavit that
the person has received a minimum of fifty (50) hours
of actual behind-the-wheel training, of which at least
ten (10) hours of su ch training was at night, from a
licensed driver who was at least twenty -one (21) years
of age and who was properly licensed to operate a
Class D motor vehicle for a minimum of two (2) years ,
may be issued an intermediate Class D license upon successfully
passing all parts of the driver license examinations administered by
Service Oklahoma; provided, the written examination, if it has not
previously been administered or waived, may be waived by Service
Oklahoma upon verification that the person has successf ully
completed driver education or the driving examination may be waived
by Service Oklahoma upon successful passage of the examination
administered by a certified designated examiner, as p rovided for in
Section 6-110 of this title. However, notwithstandi ng the date of
issuance of the learner permit, if the person has been convic ted of
a traffic offense which is reported on the driving record of that
person, the time period specified in sub paragraph a of this
ENR. S. B. NO. 623 Page 90
paragraph shall be recalculated to begin from t he date of conviction
for the traffic offense, and must elapse before that p erson may be
issued an intermediate Class D license. If the person has been
convicted of more than one traffic o ffense which is reported on the
driving record of that person, the time period specified in
subparagraph a of this paragraph shall be recalcula ted to begin from
the most recent date of conviction, and must elapse before that
person may be issued an interme diate Class D license.
2. A person who has been issued an intermed iate Class D license
under the provisions of this subsection:
a. shall be granted the privilege to operate a Class D
motor vehicle upon the public highways:
(1) only between the hours of 5:00 a.m. and 10:00
p.m., except for driving to and from work,
school, school activities, and church activities,
or
(2) at any time, if a license d driver who is at least
twenty-one (21) years of age is actually
occupying a seat beside the intermediate Cl ass D
licensee, or if the intermediate Class D licensee
is a farm or ranch resident, and is operating a
motor vehicle while engaged in farming or
ranching operations outside the limits of a
municipality, or driving to and from work,
school, school activiti es, or church activities,
and
b. shall not operate a motor vehicle with more than one
passenger unless:
(1) all passengers live in the same househo ld as the
custodial legal parent or legal guardian, or
(2) a licensed driver at least twenty -one (21) years
of age is actually occupying a seat beside the
intermediate Class D lice nsee.
ENR. S. B. NO. 623 Page 91
E. Any person who has been issued an intermediate Class D
license for a minimum of:
1. One (1) year; or
2. Six (6) months One hundred eighty (180) days , if the person
has completed both the driver education and the parent-certified
behind-the-wheel training provisions of subparagraph b of paragraph
1 of subsection D of th is section,
may be issued a Class D license. However, notwithstanding the date
of issuance of the Cla ss D license, if the person has been convicted
of a traffic offense which is r eported on the driving record of that
person, the time periods specified in paragraph 1 or 2 of this
subsection, as applicable, shall be recalculated to begin from the
date of conviction for the traffic offense, and must elapse before
that person may be is sued a Class D license. If the person has been
convicted of more than one t raffic offense which is reported on the
driving record of that person, the time periods specified in
paragraph 1 or 2 of this subsection, as applicable, shall be
recalculated to begin from the most recent date of conviction, and
must elapse before that per son may be issued a Class D license.
F. Learner permits and intermediate Class D licenses shall be
issued for the same period as all other driver licenses. The
licenses may be suspended or canceled at the discretion of the
Department, with notice to Service Oklahoma, for violation of
restrictions, for failing to give the required or correct
information on the application, for knowingly giving false or
inaccurate information on the application or any subsequent
documentation related to the granting of driv ing privileges, for
using a hand-held electronic device while operating a motor vehicle
for non-life-threatening emergency purposes or for violation of any
traffic laws of this sta te pertaining to the operation of a motor
vehicle.
G. Service Oklahoma shal l promulgate rules establishing
procedures for removal of learner permit and intermediate Class D
license restrictions from the permit or license upon the permittee
or licensee qualifying for a less restricted or an unrestricted
license.
ENR. S. B. NO. 623 Page 92
H. Any person fourteen (14) years of age or older may apply for
a restricted Class D license with a motorcycle -only restriction.
After the person has successfully passed all parts of the motorcycl e
examination other than the driving examination, has successfully
completed a certified state-approved motorcycle basic rider course
approved by the Department of Public Safe ty, in conjunction with
Service Oklahoma, and has met all requirements provided f or in the
rules of the Department and Service Oklahoma, Service Oklahoma sha ll
issue to the person a restricted Class D license with a motorcycle -
only restriction which shall grant to the person, while having the
license in the person’s immediate possessio n, the privilege to
operate a motorcycle or motor -driven cycle:
1. With a piston displacement not to exceed three hundred (300)
cubic centimeters;
2. Between the hours of 4:30 a.m. to 9:00 p.m. only;
3. While wearing approved protective headgear; and
4. While accompanied by and receiving instruction from any
person who is at least twenty-one (21) years of age and who is
properly licensed pursuant to the laws of this sta te to operate a
motorcycle or motor-driven cycle, and who has visual contact with
the restricted licensee.
The restricted licensee may apply on or after thirty ( 30) days
from date of issuance of the restricted Class D license with a
motorcycle-only restriction to have the restriction of being
accompanied by a licensed driver removed by suc cessfully completing
the driving portion of an examination.
The written examination and driving examination for a restricted
Class D license with a motorcycle -only endorsement shall be waived
by Service Oklahoma upon verification that the person has
successfully completed a certified state-approved motorcycle basic
rider course approved by the Department and Service Oklahoma.
I. Service Oklahoma may in its discretion is sue a special
permit to any person who has attained the age of fourteen (14)
years, authorizing such person to operate farm vehicles between the
farm and the market to haul commodities grown on the farm; provided,
ENR. S. B. NO. 623 Page 93
that the special permit shall be temporary and shall expire not more
than thirty (30) days after the issuance of the special permi t.
Special permits shall be issued only to farm residents and shall be
issued only during the time of the harvest of the principal crops
grown on such farm. Provided, however, Service Oklahoma shall not
issue a special permit pursuant to this subsection until Service
Oklahoma is fully satisfied after the examination of the appli cation
and other evidence furnished in support thereof, that the person is
physically and mentally developed to such a degree that the
operation of a motor vehicle by the person wo uld not be inimical to
public safety.
J. As used in this section:
1. “Hand-held electronic device ” means a mobile telephone or
electronic device with which a user e ngages in a telephone call,
plays or stores media, including but not limited to music and video,
or sends or reads a text message while requiring the use of at least
one hand; and
2. “Using a hand-held electronic device ” means engaging any
function on an electronic device.
K. All driver education courses provided for in paragraph 1 of
subsection C of this section shall include education regarding the
dangers of texting while driving and the effects of being under the
influence of alcohol or other intoxi cating substance while driving.
SECTION 15. AMENDATORY 47 O.S. 2021 , Section 6-110, as
amended by Section 49, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 6-110), is amended to read as follows:
Section 6-110. A. 1. Service Oklahoma shall establish
procedures to ensure every applicant for an original Class A, B , C
or D license and for any endorsements thereon is examined by Service
Oklahoma, or an approved written examination proctor, except as
otherwise provided in Sec tion 6-101 et seq. of this title or as
provided in paragraph 2 of this subsection or in subsec tions D and E
of this section. Service Oklahoma is authorized to approve an d
enter into agreements with local school districts, the Oklahoma
Department of Career and Technology Education, or institutions of
higher education to act as approved written exam ination proctors
ENR. S. B. NO. 623 Page 94
with regard to any written examination required by this sec tion.
The examination shall include a test of the applicant ’s:
a. eyesight,
b. ability to read and understand highway si gns
regulating, warning and directing traffic,
c. knowledge of the traffic laws of this state including
a portion on bicycle and motorc ycle safety, and
d. ability, by actual demonstration, to exercise ordinary
and reasonable control in the operation of a m otor
vehicle. The actual demonstration shall be conducted
in the type of motor vehicle for the class of driver
license being applied f or.
The Department of Public Safety, in conjunction with Service
Oklahoma, may create a knowledge test that may be taken on the
Internet by an applicant applying for a Class D lice nse.
Any licensee seeking to apply for a driver license of another class
which is not covered by the licensee ’s current driver license shall
be considered an applicant for an original license for t hat class.
2. Service Oklahoma shall have the authority to waive the
requirement of any part of the examination required in paragraph 1
of this subsection for those applicants whose driving record meets
the standards set by the Department of Public Safety and surrender
either of the following:
a. a valid unexpired driver license issued by any state
or country for the same type or types o f vehicles, or
b. an expired driver license that:
(1) is not expired more th an six (6) months past the
expiration date listed on the driver license, and
(2) is not a Class A, B or C commercial driver
license or commercial driver license permit.
ENR. S. B. NO. 623 Page 95
3. Service Oklahoma shall accept skills test results from
another state for Class A, B or C license applicants who have
successfully completed commercial motor vehicle driver training in
that state and successfully passed the skills test in that state;
provided, Service Oklahoma shall not accept skills test results from
another state when the applicant has not successfully completed
commercial motor vehicle driver training in that state. Not hing in
this section shall be construed to prohibit Service Oklahoma from
administering the skills test to any applicant who has successfully
completed commercial vehicle driver training in another state.
4. All applicants requiring a hazardous materials endorsement
shall be required, for the renewal of the endorsement, to
successfully complete the examination and to submit to a security
threat assessment performed by the Transportation Security
Administration of the Department of Homeland Security as requ ired by
and pursuant to 49 C.F.R., Part 1572, which shall be used to
determine whether the applicant is eligible for renewal of the
endorsement pursuant to federal law and regulation.
5. Service Oklahoma, or an approved written examination
proctor, shall give the complete examination as provided for in this
section within thirty (30) days from the date the application is
received, and the examination shall be given at a location within
one hundred (100) miles of the residence of the applicant. Service
Oklahoma shall make every effort to make the examination locations
and times convenient for applicants. Service Oklahoma shall
consider giving the exa mination at various school sites if the
district board of education for the district in which the site is
located agrees and if economically feasible and practicable.
B. Any person holding a valid Oklahoma Class D license or
provisional driver license pu rsuant to Section 6-212 of this title
and applying for a Class A, B or C commercial license shall be
required to successfully complete all examinations as required for
the specified class. Failure to submit to Service Oklahoma
federally required medical c ertification information pursuant to 49
C.F.R., Part 391.41 et seq. shall result in an automatic downgrade
of a commercial license to a Class D license. Provided, however,
once the required medical certification information has been
received by Service Ok lahoma, the license shall be reinstated to the
ENR. S. B. NO. 623 Page 96
classification of the commercial license prior to the downgrad e and
the holder of such a license shall not be required to reapply.
C. Except as provided in subsection E of Section 6 -101 of this
title, any person holding a valid Oklahoma Class A, B or C
commercial license shall, upon time for renewal thereof, be enti tled
to a Class D license without any type of testing or examination,
except for any endorsements thereon as otherwise provided for by
Section 6-110.1 of this title.
D. 1. Any certified driver ed ucation instructor who is
currently an operator or an emplo yee of a commercial driver training
school in this state or any driver educa tion instructor employed by
any school district in this state shall b e eligible to apply to be a
designated examiner of S ervice Oklahoma for the purposes of
administering the Class D driving skills portion of the Oklahoma
driving examination to any person who has been issued a learner
permit.
2. The Department of Public S afety, in conjunction with Service
Oklahoma, shall adopt a curriculum of required courses and training
to be offered to applicants who are qualified to apply to be a
designated examiner. The courses and training for certification
shall meet the same stand ards as required for driver examiners of
Service Oklahoma.
3. Each person applying to be a designated examiner shall be
required to pay an initial designated examiner certification fee of
One Thousand Dollars ($1,000.00). Upon successful completion of
training prescribed by paragraph 2 of this subsection, the person
shall be required to pay an annual designated ex aminer certification
fee of Five Hundred Dollars ($500.00). If an applicant for the
designated examiner program is employed by an Oklahoma pub lic school
system that offers driver education, and he or she administers the
skills test only to students enroll ed in a public school driver
education program, the certification fee may be waived by Service
Oklahoma. Each designated examiner certificatio n shall expire on
the last day of the calendar year an d may be renewed upon
application to Service Oklahoma. The designated examiner
certification fees collected by Service Oklahoma pursua nt to this
subsection shall be deposited to the credit of the Depar tment of
Public Safety Restricted Revolving Fund to be used for the purposes
ENR. S. B. NO. 623 Page 97
of this subsection, through October 31, 2022. Beginning November 1,
2022, the designated examiner certification fees collected by
Service Oklahoma pursuant to this subsection sha ll be deposited to
the credit of the Service Oklahoma Revolving Fund. No designated
examiner certification fee s hall be refunded in the event that
certification is denied, suspended or rev oked.
4. A designated examiner may charge a fee for each Class D
driving skills examination given, whether the person be ing examined
passes or fails the examination.
5. Service Oklahoma shall conduct an annual complete nationwide
criminal history backgro und check on require each designated
examiner and a complete nationwide criminal history background check
on each designated examiner applicant and driver education
instructor applicant to submit to an electronic national criminal
history record check purs uant to Section 150.9 of Title 74 of the
Oklahoma Statutes. The fees for the background record check shall
be borne by the designated examiner, or designated examiner
applicant, driver education instructor, or driver education
instructor applicant .
6. The Department of Public Safety, in conjunction with Service
Oklahoma, shall promulgate rules to implement and administer t he
provisions of this subsection.
E. 1. Upon application and approval of Service Oklahoma, any
public or private commercial truck dri ving school that has or
maintains a program instructing student s for a Class A, B or C
license, public transit agency or state, county or municipal
government agency in this state shall be authorized to hire or
employ designated examiners approved by Servi ce Oklahoma to be
third-party examiners of the Class A, B or C driving skills portion
of the Oklahoma driving examination . All designated examiners must
successfully have complete d the courses and training as outlined in
paragraph 2 of this subsection. S ervice Oklahoma shall be required
to approve at least one publi c transit agency that has or maintains
a program instructing students for a Class A, B or C license to hire
or employ third-party examiners pursuant to this section. It shall
be permissible for any public transit agency operating in the State
of Oklahoma to utilize the third-party examiners hired or employed
by a public transit agency approved by Service Oklahoma.
ENR. S. B. NO. 623 Page 98
2. The Department of Public Safety, in conjunction with Service
Oklahoma, shall adopt a curriculum of required courses and training
to be offered to third-party examiners. The courses and training
for certification shall meet the same standards as required fo r
commercial driver examiners of Service Oklahoma.
3. Service Oklahoma shal l require each third -party examiner
applicant and commercial school driver education instructor
applicant to submit to an electronic national criminal history
record check pursuant to Section 150.9 of Title 74 of the Oklahoma
Statutes. On or before Decemb er 1, 2022, Service Oklahoma shall
require each third-party examiner or commercial school driver
education instructor to submit to an electronic national criminal
history record check pursuant to Section 150.9 of Title 74 of the
Oklahoma Statutes. The fee s for the background check shall be borne
by the third-party examiner, third-party examiner applicant,
commercial school driver education instructor or commercial school
driver education instructor applicant.
F. Service Oklahoma shall promulgate rules to:
1. Implement and administer the provisions of this sectio n
based on requirements set forth in Section 383.75 of Title 4 9 of the
Code of Federal Regulations;
2. Establish a proce ss to inform any school, public transit
agency, examiner, or state, county o r municipal government agency,
who has been denied, within forty-five (45) days from the denial;
3. Create an appeal pro cess for any school, public transit
agency, examiner, or st ate, county or municipal government agency
denied; and
4. If the initial ap plication for approval was denied, limit
the number of times an individual school, public transit agency,
individual examiner applicant, or state, county or municipal
government agency may reapply in a calendar year to two
reapplications.
ENR. S. B. NO. 623 Page 99
SECTION 16. AMENDATORY 47 O.S. 2021, Section 6 -111, as
last amended by Section 53, Chapter 282, O.S.L. 2022 (47 O .S. Supp.
2022, Section 6-111), is amended to read as follo ws:
Section 6-111. A. 1. Service Oklahoma shall, upon payment of
the required fee, issue to every applicant qualifying therefor a
Class A, B, C or D driver license or identification card as appl ied
for, which license or card shall bear thereon a distinguishing
alphanumeric identification assigned to the licensee or cardholder,
date of issuance and date of expiration of the license or card, the
full legal name, signature or computerized signature, date of birth,
residence address, unless specified as an exception in the Code of
Federal Regulations per 6 C.F.R., Section 37.17 , sex, a computerized
color image of the licensee or cardho lder taken in accordance with
Service Oklahoma rules and security features as determined by
Service Oklahoma. The image shall depict a full front un obstructed
view of the entire face of the licensee or cardholder; provided, a
commercial learner permit sha ll not bear the image of the licensee.
When any person is issued b oth a driver license and an
identification card, Service Oklahoma shall ensure the information
on both the license and the card are the same, unless otherwise
provided by law.
2. A driver license or identification card issued by Service
Oklahoma on or after March 1, 2004, shall bear thereon the county of
residence of the licensee or ca rdholder.
3. Service Oklahoma may cancel the disting uishing number, when
that distinguishing number is a nother person’s Social Security
number, assign a new distinguishing a lphanumeric identification, and
issue a new license or identification card without charge to the
licensee or cardholder.
4. Service Oklahoma may promulgate rules for inclusion of the
height and a brief description of the licensee or cardholder on the
face of the card or license identifying the licensee or cardholder
as deaf or hard-of-hearing.
5. It is unlawful for any person to apply, adhere, or otherwise
attach to a driver license or identification card any decal,
sticker, label, or other attachment. A ny law enforcement officer is
authorized to remove and dispose of any unlawful dec al, sticker,
ENR. S. B. NO. 623 Page 100
label, or other attachment from the driv er license of a person. The
law enforcement offic er, the employing agency of the officer,
Service Oklahoma, and the Stat e of Oklahoma shall be immune from any
liability for any loss suffered by the lice nsee, cardholder, or the
owner of the decal, sticker, label, or other attachment caused by
the removal and destruction of the decal, sticker, label, or other
attachment.
6. Service Oklahoma may develop by rule a procedure which
complies with the provision s of subsection G of Section 6 -101 of
this title whereby a person may apply for a renewal or replaceme nt
Oklahoma Class D license or Oklahoma identification card.
B. 1. Service Oklahoma may issue or authorize the issuance of
a temporary permit or license to an applicant for a driver license
permitting such applicant to operate a motor vehicle while Serv ice
Oklahoma is completing its investigation and determination of all
facts relative to such applicant’s privilege to receive a license,
or while a permanent driver license is being produced and delivered
to the applicant. Such permit or license must be i n the immediate
possession of the driver while operating a motor vehicle, and it
shall be invalid when the applicant’s permanent driver license has
been issued and delivered or for good cause has been refused .
2. Service Oklahoma may issue or authorize t he issuance of a
temporary identification card to an applicant, permitting the holder
the privileges otherwise granted by identification cards, while a
permanent driver license is being provided and delivered to the
applicant. Such card shall be invalid w hen the applicant’s
permanent identification card has been issued and deli vered, or for
good cause has been refused.
C. 1. Service Oklahoma may issue a re stricted commercial
driver license to drivers eightee n (18) years of age or older for
any of the following specific farm-related service industries:
a. farm retail outlets an d suppliers,
b. agri-chemical businesses,
c. custom harvesters, and
ENR. S. B. NO. 623 Page 101
d. livestock feeders.
The applicant shall hold have held a valid Oklahoma driver
license for at least one year. Applicants with more than two (2)
years of driving experience shall have a good driving record for the
most recent two (2) year period and shall meet all the requirements
for a commercial driver license. The r estricted commercial driver
license shall not exceed a total of one hundred eighty (180) days
within any twelve-month period the maximum total days that federal
law allows. Applicants for the restricted commercial driver license
shall be exempt from the k nowledge and skills test. Application of
the restricted commercial driver license does not have to be used in
consecutive days. The use of the permit shall be declared at
application.
2. A “good driving record” as used in this subsection shall
mean an applicant:
a. has not had more than one license,
b. has not had any license suspended, revoked , or
canceled,
c. has not had any conviction for any type of
disqualifying offenses or serious traffic violati ons,
or
d. has not had any conviction for a violation of state or
local law relating to m otor vehicle traffic control,
other than a parking violation, arising in connection
with any traffic accident and has no record of an
accident in which they are at fau lt.
3. The restricted commercial driver license shal l not be valid
for operators of com mercial motor vehicles beyond one hundred fifty
(150) miles from the place of business or the farm currently being
served. Such license shall be limited to Class B or C vehicles.
Holders of such licenses who transport h azardous materials which are
required to be placarded shall be limited to the following:
a. diesel fuel in quantities of one thousand (1,000)
gallons or less,
ENR. S. B. NO. 623 Page 102
b. liquid fertilizers in vehicles with total capacities
of three thousand (3,000) gallons or less , and
c. solid fertilizers that are not mixed with any organic
substance.
No other placarded hazardous materials shall be transported by
holders of such licenses.
D. Service Oklahoma may issue a non-domiciled commercial
learner permit or a non -domiciled commercial driver license to:
1. An H2A-Temporary Agricultural worker lawfully present in the
United States as indicated on an original, valid and unexpired I-94
immigration status document issued by the United States Customs and
Immigration Service; and
2. A J-1 Exchange Visitor Pr ogram participant lawfully present
in the United States as indicated on a valid and unexpired J-1
Visitor Visa issued by the United States Customs and I mmigration
Service and who is enrolled in an agricultural education training
program.
A person applying for such permit or license must comply with
all testing and licensing requirements in accorda nce with applicable
federal regulations, state laws and Ser vice Oklahoma rules. T he
issued license shall be valid until the expiration of the visa for
the non-domiciled worker. Service Oklahoma may promulgate rules for
the implementation of the process t o carry out the provisions of
this section.
E. 1. Service Oklahoma shall develop a procedure whereby a
person applying for an origina l, renewal or replacement Class A, B,
C or D driver license or identification card who is required to
register as a convicted sex offender with the Department of
Corrections pursuant to the provisions of the Sex Offenders
Registration Act and who the Depar tment of Corrections desig nates as
an aggravated or habitual offender pursuant to subsection J of
Section 584 of Title 57 of the Oklahoma Statutes shall be issued a
license or card bearing the words “Sex Offender”.
ENR. S. B. NO. 623 Page 103
2. Service Oklahoma shall notify every p erson subject to
registration under the provisions of Section 1 -101 et seq. of this
title who holds a current Class A, B, C or D driver license or
identification card that such per son is required to surr ender the
license or card to Service Oklahoma within one hundred eighty (180)
days from the date of the notice.
3. Upon surrendering the license or card for the reason set
forth in this subsection, application may be made with Servi ce
Oklahoma for a repla cement license or card bearing the words “Sex
Offender”.
4. Failure to comply with the requirements set forth in such
notice shall result in cancellation of the person ’s license or card.
Such cancellation shall be in effect for one (1) year, after which
time the person may make application with Service Okl ahoma for a new
license or card bearing the words “Sex Offender”. Continued use of
a canceled license or card shall cons titute a misdemeanor and shall,
upon conviction thereof, be punishable by a fine o f not less than
Twenty-five Dollars ($25.00), nor mor e than Two Hundred Doll ars
($200.00). When an individual is no longer required to register as
a convicted sex offender w ith the Department of Corrections pursuant
to the provisions of the Sex Offenders Registration Act, the
individual shall be eligible to receive a driver licen se or
identification card which does not bear the words “Sex Offender”.
F. Nothing in subsection E of this section shall be deemed to
impose any liability u pon or give rise to a c ause of action against
any employee, agent or officia l of the Department of Corrections for
failing to designate a sex offender as an aggravated or habitual
offender pursuant to subsection J of Section 584 of Title 57 of the
Oklahoma Statutes.
G. A person subject to an order for the installation of an
ignition interlock device shall be required by Service Oklahoma to
submit his or her driver license for a replacement. The re placement
driver license shall bear the words “Interlock Required” and such
designation shall remain on the driver license for the dura tion of
the order requiring the ignition interlock device. The replacement
license shall be subject to the same expirati on and renewal
procedures provided by law. Upon completion of the requirements fo r
ENR. S. B. NO. 623 Page 104
the interlock device, a person may apply for a repl acement driver
license.
H. Service Oklahoma shall develop a procedure whereby a person
applying for an original, renewal or replacement Class D driver
license who has been granted modified driving privi leges under this
title shall be issued a Class D driv er license which ide ntifies the
license as a modified license.
SECTION 17. AMENDATORY 47 O.S. 20 21, Section 6-113, is
amended to read as follows:
Section 6-113. A. The Department of Public Safety Service
Oklahoma upon issuing a driver’s driver license shall have the
authority whenever good cause appears to impose restrictions
suitable to the licensee’s driving ability with respect to the type
of or special mechan ical control devices re quired on a motor vehicle
which the licensee m ay operate or such other restrictions applicable
to the licensee as Service Oklahoma, in conjunction with the
Department of Public Safety, may determine to be appropriate to
assure the safe operation of a motor vehicle by the licensee.
B. The Department Service Oklahoma may either issue a special
restricted license or may set forth such restrictions upon the usual
license form.
C. The Department Service Oklahoma may upon receiving
satisfactory evidence of any v iolation of the restrictions of such
license suspend or revoke the same but the licensee shall be
entitled to a hearing as upon a suspension or revocation under th is
chapter.
D. It is a misdemeanor for any person to operate a motor
vehicle in any manner i n violation of the restrictions imposed in a
restricted license issued to him.
SECTION 18. AMENDATORY 47 O.S. 2021, Section 6 -116, as
amended by Section 56, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 6-116), is amended to read as follows:
Section 6-116. A. Whenever any person, after applying for or
receiving a driver licens e or identification card, shall:
ENR. S. B. NO. 623 Page 105
1. Change the mailing add ress named in such application;
2. Change the residence address di splayed on the license or
card issued to the person;
3. Move from the person’s previous county; or
4. Change the name of a licen see by marriage or otherwise,
such person shall notify Service Oklahoma as provided in subsection
B of this section apply for a replacement of the dr iver license or
identification card with Serv ice Oklahoma in accordance with the
provisions of Section 6 -114 of this title within ten (10) days of
the change.
B. Within ten (10) days such person shall notify Service
Oklahoma in writing of the number of an y driver license and
identification card then held by the person and, as applicable:
1. Both the old and new mailing addresses;
2. Both the old and new residence ad dresses;
3. Both the old and new counties of residence; or
4. Both the former and new na mes.
C. Service Oklahoma shall not:
1. Change a county of residence unless the person specifically
notifies Service Oklahoma of such change; and
2. Presume that a new mailing address which is a different
county than the old mailin g address means that th e person has
changed his or her county of res idence, and shall not change the
county of residence unless specifically notified of such change.
SECTION 19. AMENDATORY 47 O.S. 2021, Section 6-205.1, as
amended by Section 1, Chapter 3 76, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 6-205.1), is amended to read as follows:
ENR. S. B. NO. 623 Page 106
Section 6-205.1. A. The driving privilege of a pe rson who is
convicted of any offense as provided in paragraph 2 of subsection A
of Section 6-205 of this title, or a pe rson who has refused to
submit to a test or tests as provided in Section 753 of this title,
or a person whose alcohol concentration is su bject to the provisions
of Section 754 of this title shall be revoked or denied by the
Department of Public Safety Service Oklahoma for the following
period, as applicable:
1. The first license revocation pursuant to paragraph 2 of
subsection A of Section 6-205 of this title or Secti on 753 or 754 of
this title, within ten (10) years preceding the da te of arrest
relating thereto, shall be for a period of no less t han one hundred
eighty (180) days and until the person completes the Impaired Driver
Accountability Program in accordance wi th the rules of the Board of
Tests for Alcohol and Drug Influence. The period of revocati on and
the Impaired Driver Accountability Program shall run concurrently
and each shall be for no less than one hundred eighty (180) days ;
2. A revocation pursuant t o paragraph 2 of subsection A of
Section 6-205 of this title or Sec tion 753 or 754 of this title
shall be for a period of no less t han one (1) year and until the
person completes the Impaired Driver Accountability Program in
accordance with the rules of th e Board of Tests for Alcohol and Drug
Influence, if within ten (10) years preceding the da te of arrest
relating thereto, as shown b y the records of the Department Service
Oklahoma:
a. a prior revocation commenced pursuant to pa ragraph 2
or 6 of subsection A of Section 6-205 of this title or
Section 753 or 754 of this titl e, or
b. the record of the person reflects a prior conviction
in another jurisdiction which did not result in a
revocation of Oklahoma driving privileges, for a
violation substantially simi lar to paragraph 2 of
subsection A of Section 6-205 of this title, and the
person was not a resident or a licensee of Oklahoma at
the time of the offense resulting in the conviction.
ENR. S. B. NO. 623 Page 107
The period of revocation and the Impaired Dr iver Accountability
Program shall run concurrently and each shall be for no less than
one (1) year;
3. A revocation pursuant to paragraph 2 of subsection A of
Section 6-205 of this title or Section 753 or 754 of this title
shall be for a period of no less than two (2) years and until the
person completes the Impaired Driver Accountability Program in
accordance with the ru les of the Board of Tests for Alcohol and Drug
Influence, if within ten (10) years preceding the date of arrest
relating thereto, as show n by the records of the Department Service
Oklahoma:
a. two or more prior revocations commenced pursuant to
paragraph 2 or 6 of subsection A of Section 6 -205 of
this title or Section 753 or 754 of this title,
b. two or more current enrollments in or previo us
completions of the Impaire d Driver Accountability
Program,
c. the record of the person reflec ts two or more prior
convictions in another jurisdiction which did not
result in a revocation of Oklahoma driving privileges,
for a violation substantially similar to paragraph 2
of subsection A of Section 6-205 of this title, and
the person was not a resi dent or a licensee of
Oklahoma at the time of the offense resulting in the
conviction, or
d. any combination of two or more prior revocations,
current enrollments in or previous completions of the
Impaired Driver Accountability Program, or convictions
as described in subparagrap hs a, b and c of this
paragraph.
The period of revocation and the Impaired Driver Accountability
Program shall run conc urrently and each shall be for no less than
two (2) years; or
4. The revocation of the driving privilege of any p erson under
Section 6-205, 6-205.1, 753, or 754 of thi s title shall not run
ENR. S. B. NO. 623 Page 108
concurrently with any other revocation of driving privilege under
Section 6-205, 6-205.1, 753, or 754 of this tit le resulting from a
different incident.
B. The driving privilege o f a person who is convi cted of any
offense as provided in paragraph 3 or 6 of subsection A of Section
6-205 of this title shall be revoked or denied by the Department of
Public Safety Service Oklahoma for the following period, as
applicable:
1. The first license revocation shal l be for one hundred eighty
(180) days, which shall be modified upon request; provided, any
modification under this pa ragraph shall apply to Class D driver
licenses only;
2. A revocation shall be for a period of one (1) year if with in
ten (10) years prece ding the date of arrest rela ting thereto, as
shown by the records of the Department Service Oklahoma:
a. a prior revocation commenced pursuant to paragraph 2,
3 or 6 of subsection A of Section 6-205 of this title,
or Section 753 or 754 of this title,
b. a prior revocation commenced pursuant to paragraph 2,
3 or 6 of subsection A of Section 6 -205 of this title
or Section 753 or 754 of this title, or current
enrollment in or previous completion of the Impaired
Driver Accountability Prog ram, or
c. the record of the person reflects a p rior conviction
in another jurisdiction which did not result in a
revocation of Oklahoma driv ing privileges, for a
violation substantially si milar to paragraph 2, 3 or 6
of subsection A of Section 6 -205 of this title, and
the person was not a resident or a licensee of
Oklahoma at the time of the offense resulting in the
conviction.
Such period shall not be modified; or
ENR. S. B. NO. 623 Page 109
3. A revocation shall be for a period of three (3) years if
within ten (10) years preceding the date of arrest rel ating thereto,
as shown by the records of the Department Service Oklahoma:
a. two or more prior revocations commenced pursuant to
paragraph 2 or 6 of subsection A of Section 6-205 of
this title, or Section 753 or 754 of this title,
b. two or more prior rev ocations commenced pu rsuant to
paragraph 2 or 6 of subsection A of Section 6 -205 of
this title or Section 753 or 754 o f this title, or two
or more current enrollments in or previous completions
of the Impaired Driver Accountability P rogram,
c. the record of the person reflect s two or more prior
convictions in another jurisdiction which did not
result in a revocation of Ok lahoma driving privileges,
for a violation subst antially similar to paragraph 2
or 6 of subsection A of Section 6 -205 of this title,
and the person was not a resident or licensee of
Oklahoma at the time of the offense resulting in the
conviction, or
d. any combination of two or more prior revocations,
current enrollments in or previous completions of the
Impaired Driver Accountability Progra m, or convictions
as described in subparagraphs a and b or c of this
paragraph.
Such period shall not be modified.
The revocation of the driving privilege of any pers on under this
subsection shall not run concurrently with any other withdrawal of
driving privilege resulting from a different incident and which
requires the driving privilege to be withdrawn for a prescribed
amount of time. A denial based on a conviction of any offense as
provided in paragraph 6 of subsection A of Secti on 6-205 of this
title shall become effective on the first day the convicted person
is otherwise eligible to apply for and be granted driving privileges
if the person was not eligible to do so at the time of the
conviction.
ENR. S. B. NO. 623 Page 110
C. For the purposes of this sec tion:
1. The term “conviction” includes a juvenile delinquency
adjudication by a court or any notification from a court pursuant to
Section 6-107.1 of this title; and
2. The term “revocation” includes a denial of driving
privileges by the Department Service Oklahoma.
D. Each period of revocation in subsection A of this section
shall be mandatory and neither the Department Service Oklahoma nor
any court shall grant driving privileges based upon hardship or
otherwise for the duration of that period, except under the Impaired
Driver Accountability Program in accordance with the rules of the
Board of Tests for Alcohol and Drug Influenc e.
E. Any appeal of a revocation or denial of driving priv ileges
in subsection A of this section shall be governed by Section 6-211
of this title.
SECTION 20. AMENDATORY 47 O.S. 2021, Section 6 -211, as
last amended by Section 2, Chapter 376, O.S.L. 2022 (47 O.S. Supp.
2022, Section 6-211), is amended to read as follows:
Section 6-211. A. Any person denied driving privileges, or
whose driving privilege has been canceled, denied, suspended or
revoked by the Department Service Oklahoma, except where such
cancellation, denial, suspension or revocation is mandatory, under
the provisions of Sect ion 6-205 of this title, or dis qualified by
the Department Service Oklahoma, under the provisions of Section 6 -
205.2 or 761 of this title, shall have the right of appeal to the
district court as hereinaf ter provided. Proceedings before the
district court shall be exempt f rom the provisions of the Okla homa
Pleading and Discovery codes, except that the appeal shall be by
petition, without responsive pleadings. The district court is
hereby vested with orig inal jurisdiction to hear the petition.
B. A person whose driving pri vilege is denied, canceled,
revoked or suspended due to inability to meet standards prescribed
by law, or due to an out-of-state conviction or violation, or due to
an excessive point acc umulation on the traffic record, or for an
ENR. S. B. NO. 623 Page 111
unlawful license issued, ma y appeal in the county in whi ch the
person resides.
C. Any person whose driving privilege is cancel ed, denied,
suspended or revoked may appeal to the district court in the county
in which the offense was committed upon which the Department Service
Oklahoma based its order.
D. A person whose driving privilege is subject to revocation
pursuant to Section 753 or 754 of th is title may appeal to the
district court in the county in which the arrest occurred relating
to the test refusal or test result, as shown by the records of the
Department Service Oklahoma.
E. The petition shall be filed within thi rty (30) days after
the notice of revocat ion, pursuant to Section 753 or 754 of this
title, has been served upon the person by the Department of Public
Safety Service Oklahoma. The petition shall contain a description
of the facts and circumstances of the underlying incident sufficient
to determine the arresting law enforcement agency and the dat e of
the incident. It shall be the duty of the district court to enter
an order setting the mat ter for hearing not less than thirty (3 0)
days and not more than si xty (60) days from the date the petition is
filed. A certified copy of petition and order fo r hearing shall be
served forthwith by the petitioner upon the Commissioner of Public
Safety to the office of Service Oklahoma by certified mail at the
Department of Public Safety Service Oklahoma, Oklahoma City,
Oklahoma.
F. Upon a hearing relating to a revocation or disqualification
pursuant to a conviction for an offense enumerated in Section 6 -205,
6-205.2 or 761 of this title, the c ourt shall not consider the
propriety or merits of the revocation or disqualification action,
except to correct the ident ity of the person convicted as shown by
records of the Department Service Oklahoma.
G. When the records of the Department Service Oklahoma do not
reflect receipt of a sworn report of a law enforcement of ficer
stating that the officer had reasonable ground s to believe the
petitioner had been driving or was in actual physical control of a
motor vehicle upon the public roads, highways, stre ets, turnpikes,
or other public place of this state while under the i nfluence of
ENR. S. B. NO. 623 Page 112
alcohol, any other intoxicating substanc e, or the combined influence
of alcohol and any other intoxicating substance, the court shall,
upon application by the Department Service Oklahoma, stay the appeal
for one hundred eighty (180) days from t he date of the arrest as
alleged in the petition, or until the sworn report is received by
the Department Service Oklahoma. If the records of the Department
Service Oklahoma do not reflect receipt of the sworn repo rt
described in this subsection at the ex piration of the stay, the
court shall enter an order directing the Department Service Oklahoma
to take no action upon receipt of the sworn report related to the
arrest as described in the petition. In no event shal l a court
award costs or fees, including attorney fees, based upon the records
of the Department Service Oklahoma that do not reflect the receipt
of the sworn report as described in this subsection.
H. The court shall take test imony and examine the facts and
circumstances, including all of the r ecords on file in the office of
the Department of Pu blic Safety Service Oklahoma relative to the
offense committed and the driving record of the person, and
determine from the facts, circ umstances, and records wheth er or not
the petitioner is entitled to driving privileges or shall be subject
to the order of denial, cancellation, suspension or revocation
issued by the Department Service Oklahoma. In case the court finds
that the order was not justified, the court ma y sustain the appeal,
vacate the order of the Department Service Oklahoma and direct that
driving privileges be restored to the petitioner, if otherwise
eligible.
I. The testimony of a ny hearing pursuant to this section shall
be taken by the court stenogr apher and preserved for the purpose of
appeal and, in case the Department Service Oklahoma files notice of
appeal from the order of the court as provided herein, the court
shall order and direct the court clerk to prepare and fu rnish a
complete transcript of all pleadings and proceedings, together with
a complete transcript taken at the hearing at no cost to the
Department Service Oklahoma, except the cost of transcribing.
J. Upon the Department’s Service Oklahoma’s receipt of a
petition challenging the Department’s Service Oklahoma’s action
against the driving privileges of any person under this title, the
Department Service Oklahoma shall withhold taking the action which
is the subject of the appeal or stay the order which is t he subject
ENR. S. B. NO. 623 Page 113
of the appeal. During the pendency of the appeal, the Department
Service Oklahoma shall grant or restore driv ing privileges to the
person if the person is otherwise eligible.
K. An appeal may be tak en by the person or by the Department
Service Oklahoma from the order or judgment of the district court to
the Supreme Court of the State of Oklahoma as otherwise pro vided by
law.
SECTION 21. AMENDATORY 47 O.S. 2021, Section 156.1 , is
amended to read as follows:
Section 156.1. A. It shall be unlawful for any state official,
officer or employee, except any essential employees approved by the
Governor and those officers or employees authorized in subsection B
of this section, to r ide to or from the place of residence of the
employee in a state-owned or state-leased automobile, truck or
pickup, except in the performance of the official duty of th e
employee, or to use or permit the use of any such automobile, truck,
ambulance or pickup for other personal or private purp oses. Any
person convicted of violati ng the provisions of this section shall
be guilty of a misdemeanor and shall be punished by a fine of not
more than One Hundred Dollars ($100.00) or by imprisonment in the
county jail for a period to not exceed thirty (30) days, or by both
said fine and imprisonment, and in addition thereto, shall be
discharged from state employment.
B. 1. Any state employee, other than the individuals provided
for in paragraph 2 of this subsectio n and any employee of the
Department of Public S afety who is an employee in the Driver License
Examining Division or the Driver Compliance Division or a wrecker
inspector or auditor of the Wrecker Services Division as provided
for in paragraph 3 of this su bsection, who receives emergency
telephone calls regularly at the residence of the employee when the
employee is not on duty and is regularly called upon to use a
vehicle after normal work hours in response to such emergency calls,
may be permitted to use a vehicle belonging to the state to provide
transportation between the resid ence of the employee and the
assigned place of employment, provided such distanc e does not exceed
seventy-five (75) miles in any round trip or is within the county
where the assigned place of employment is located. Provided
further, an employee may be per mitted to use a state -owned or state-
ENR. S. B. NO. 623 Page 114
leased vehicle to provide temporary transpo rtation between a
specific work location other than the assigned place of employment
and the residence of the employee, if such use shall result in a
monetary saving to the age ncy, and such authorization shall not be
subject to the distance or area restric tions provided for in this
paragraph. Authorization for temporary use of a state -owned or
state-leased vehicle for a specific project shall be in w riting
stating the justifica tion for this use and the saving expected to
result. Such authorization shall b e valid for not to exceed sixty
(60) days. Any state entity other than law enforcement that avails
itself of this provision shall keep a monthly re cord of all
participating employees, the number of emergency calls received and
the number of times that a s tate vehicle was used in the performance
of such emergency calls.
2. Any employee of the Departmen t of Public Safety, Oklahoma
Department of Correc tions, Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, Oklahoma State Bureau of Investigatio n,
Alcoholic Beverage Laws Enforcement Commission, Oklahoma Horse
Racing Commission, Oklahoma Depar tment of Agriculture, Food, and
Forestry, Office of the Inspector General wit hin the Department of
Human Services or Office of the State Fire Marshal, who is a law
enforcement officer or criminalist, Public Information officer,
Special Investigator or Assi stant Director of the Oklahoma State
Bureau of Investigation, CLEET-certified Investigator for a state
board or any employee of a district attorney who is a law
enforcement officer, may be permitted to use a state-owned or state-
leased vehicle to provide t ransportation between the residence of
the employee and the assigned place of employment and between the
residence and any location other than the assigned p lace of
employment to which the employee travels in the performance of the
official duty of the emp loyee.
3. Any employee of the Department of Publ ic Safety who is an
employee in the Driver License Examining Division, an employee of
the Driver Compliance Division, a wrecker inspector or auditor of
the Wrecker Services Division, or a noncommissioned pi lot may be
permitted, as determined by the Commiss ioner, to use a state -owned
or state-leased vehicle to provide transportation between the
residence of the employee and the assigned place of employment and
between the residence and any location other than the assigned place
ENR. S. B. NO. 623 Page 115
of employment to which the emp loyee travels in the perform ance of
the official duty of the employee.
4. The Director, department heads an d other essential employees
of the Department of Wildlife Conservation, as authorized by the
Wildlife Conservation Commission, may be permitted to u se a state-
owned or state-leased vehicle to provide transportation between the
residence of the employee and the assigned place of employment and
between the residence and any location other than the assig ned place
of employment to which the employee trave ls in the performance of
the official duty of the employee.
5. The Director, department heads, emergency re sponders and
other essential employees of the Department of Corrections, as
authorized by the Di rector, may be permitted to use a state-owned or
state-leased vehicle to provide transportation between the residence
of the employee and the assigned place of employment and between the
residence and any location other than the assigned place of
employment to which the employee travels in the performance o f the
official duty of the e mployee.
6. Designated Examiner Auditors, Designated Examiner
Supervisors, Commercial Driver License Examiners, Commercial Driver
License Auditors, Commercial Driver License Supervisors, and Driver
License Supervisors, as an employee of Service Oklahoma m ay be
permitted, as determined by the Director of Service Oklah oma, to use
a state-owned or state-leased vehicle to provide transportation
between the residence of the employe e and the assigned place of
employment and between th e residence and any location other than the
assigned place.
C. The principal administrator of the state agency with whic h
the employee is employed shall so designate the status of the
employee in writing or provide a copy of the temporary authorization
to the Governor, the President Pro Tempore of the Senate and the
Speaker of the House of Repr esentatives. Such employee st atus
report shall also be provided to the State Fleet Manager of the
Division of Fleet Management if the motor vehicle for emergency us e
is provided by said Divisi on.
SECTION 22. AMENDATORY 47 O.S. 2021, Section 752, is
amended to read as follows:
ENR. S. B. NO. 623 Page 116
Section 752. A. Only a licensed medical doctor, licensed
osteopathic physician, licensed chiropractic physician, reg istered
nurse, licensed prac tical nurse, physician ’s assistant, certified by
any state’s appropriate licensing authority, an employee of a
hospital or other health care facility authorized by the hosp ital or
health care facility to withdraw blood, or indiv iduals licensed in
accordance with Section 1-2505 of Title 63 of the Oklahoma Statutes
as an Intermediate Emergency Medic al Technician, an Advanced
Emergency Medical Technician or a Paramedic, acting within the scope
of practice prescribed by their medical director, acting at the
request of a law enforcement officer may withdraw blood for the
purpose of having a determinatio n made of its concentration of
alcohol or the presence or concentration of othe r intoxicating
substance. Only qualified persons author ized by the Board may
collect breath, saliva or urine, or administer tests of breath under
the provisions of this title.
B. If the person authorized to withdraw blood as specified in
subsection A of this section is presented with a written statement:
1. Authorizing blood withdrawal signed by the person whose
blood is to be withdrawn;
2. Signed by a duly authorized peace o fficer that the person
whose blood is to be withdrawn has agreed to the with drawal of
blood;
3. Signed by a duly authorized peace offi cer that the person
whose blood is to be withdrawn has been placed under arrest and that
the officer has probable cause t o believe that the person, while
intoxicated, has operated a motor vehicle in such manner as to have
caused the death or serious physic al injury of another person, or
the person has been involved in a traffic accident and has been
removed from the scene of the accident that resulted in the death or
great bodily injury, as defined in subsection B of Section 646 of
Title 21 of the Oklahoma Statutes, of any person to a hospital or
other health care facility outside the State of Oklahoma before the
law enforcement officer was able to effect an arrest for such
offense; or
ENR. S. B. NO. 623 Page 117
4. In the form of an order from a district court that blood be
withdrawn, the person authorized to w ithdraw the blood and the
hospital or other health care facility where the withdrawal occurs
may rely on such a statement or order as evidence that the person
has consented to or has been required to submit to the clinical
procedure and shall not require t he person to sign any additional
consent or waiver form. In such a case, the person authoriz ed to
perform the procedure, the employer of such person and the hospital
or other health care facility shall not be liable in any acti on
alleging lack of consent or lack of informed consent.
C. No person specified in subsection A of this section, no
employer of such person and no hospital or other health care
facility where blood is withdrawn shall incur any civil or criminal
liability as a result of the proper wi thdrawal of blood when acting
at the request of a law enforcement officer by the provisions o f
Section 751 or 753 of this title, or when acting in reliance upon a
signed statement or court order as provided in this section, if t he
act is performed in a rea sonable manner according to generally
accepted clinical practice. No person specified in sub section A of
this section shall incur any civil or criminal liability as a result
of the proper collection of breath, saliva or urine w hen acting at
the request of a law enforcement officer under the provisions of
Section 751 or 753 of this title or when a cting pursuant to a court
order.
D. The blood, breath, saliva or urine specimens obtained shall
be tested by the appropriate test as d etermined by the Board, or
tested by a laboratory that is exempt from the Board rules pursuant
to Section 759 of this tit le, to determine the alcohol concentration
thereof, or the presence or c oncentration of any other intoxicating
substance which might ha ve affected the ability of t he person tested
to operate a motor vehicle safely.
E. When blood is withdrawn for testing o f its alcohol
concentration or other intoxicating substance presence or
concentration, at the request of a law enforcement officer, a
sufficient quantity of the sa me specimen shall be obtained to enable
the tested person, at his or her own option and expen se, to have an
independent analysis made of such specimen. The excess blood
specimen shall be retained by a laboratory approved by the Board in
accordance with the rules and regulations of the Board or by a
ENR. S. B. NO. 623 Page 118
laboratory that is exempt from the Board rules p ursuant to Section
759 of this title, for sixty (60) days from the date of collection.
At any time within that period, the tested pers on or his or her
attorney may direct that such blood specimen be sent or delivered to
a laboratory of his or her own choo sing and approved by the Board
for an independent analysis. Neither th e tested person, nor any
agent of such person, shall have access to the additional blood
specimen prior to the completion of the independent analysis, except
the analyst performing the independent analysis and agents of the
analyst.
F. The costs of colle cting blood specimens for the purpose of
determining the alcohol or other intoxicating substa nce thereof, by
or at the direction of a law enforcement officer, shall be borne by
the law enforcement agency employing such officer; provided, if the
person is convicted for any offense involving the operation of a
motor vehicle while under the influence of or while impaired by
alcohol or an intoxicating substance, or both, as a direct result of
the incident which caused the collection of blood specimens, an
amount equal to the costs shall become a part of the court costs of
the person and shall be collec ted by the court and remitted to the
law enforcement agency bearing the costs. The cost of c ollecting,
retaining and sending or delivering to an independent labor atory the
excess specimens of blood for independent analysis at t he option of
the tested person shall also be borne by such law enforcement
agency. The cost of the independent analysis of such specimen of
blood shall be borne by the tested person at whose option such
analysis is performed. The tested person, or his or her agent,
shall make all necessary arrangements for the performance of such
independent analysis other than the forward ing or delivery of such
specimen.
G. Tests of blood or breath for th e purpose of determining the
alcohol concentration thereof, and te sts of blood for the purpose of
determining the presence or concentration of any other intoxicating
substance therein, un der the provisions of this title, whether
administered by or at the d irection of a law enforcement officer or
administered independentl y, at the option of the test ed person, on
the excess specimen of such person ’s blood to be considered valid
and admissible in evidence under the provisions of this title, shall
have been administered in accordance with Section 759 of this title.
ENR. S. B. NO. 623 Page 119
H. Any person who has been arrested f or any offense arising out
of acts alleged to have been committed while the person was
operating or in actual physical control of a motor vehicle while
under the influence of alcohol, any other int oxicating substance or
the combined influence of alcohol an d any other intoxicating
substance who is not requested by a law enforcement officer to
submit to a test shall be entitled to have an independent test of
his or her blood for the purpose of determi ning its alcohol
concentration or the presence or concentra tion of any other
intoxicating substance therein, performed by a person of his or her
own choosing who is qualified as stipulated in this section. The
arrested person shall bear the responsibility for making all
necessary arrangements for the administrati on of such independent
test and for the independent analysis of any specimens obtained, and
bear all costs thereof. The failure or inability of the arrested
person to obtain an independent test shall not preclude the
admission of other competent evidence bearing upon the question of
whether such person was under the influence of alcohol, or any o ther
intoxicating substance or the combined influence of alcohol and any
other intoxicating substance.
I. Any agency or laboratory cer tified by the Board or any
agency or laboratory that is exempt from the Board rules pursuant to
Section 759 of this title , which analyses blood shall make available
a written report of the results of the test administered by or at
the direction of the law enforcement officer to:
1. The tested person, or his or her attorney;
2. The Commissioner of Public Safety; and
3. The Director of Service Oklahoma; and
4. The Fatality Analysis Re porting System (FARS) analyst of the
state, upon request.
The results of the tests provided for in t his title shall be
admissible in all civil actions, including administrative hearings
regarding driving privileges.
ENR. S. B. NO. 623 Page 120
SECTION 23. AMENDATORY 47 O.S. 2021, Section 753, as
amended by Section 6, Chapter 376, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 753), is amended to read as follows:
Section 753. A. If a conscious person un der arrest refuses to
submit to testing of his or her blood or breath for the purpose of
determining the alcohol concentration thereof, or to a test of his
or her blood, saliva or urine for the purpose of determining the
presence or concentration of any ot her intoxicating substance, or
the combined influence of alc ohol and any other intoxicating
substance, none shall be given except upon the issuance of a search
warrant or unless the investigating officer has probable cause to
believe that the person under arrest, while intoxicated, has
operated the motor vehicle in such a manner as to have caused the
death or serious physical injury of an y other person or persons. In
such event, such test otherwise authorized by law may be made in the
same manner as if a s earch warrant had been issued for such test or
tests. The sample shall be taken in a medically acceptab le manner
as authorized by Sect ion 752 of this title. The Commissioner of
Public Safety Director of Service Oklahoma , upon the receipt of a
sworn report of the law enforcement officer that the officer had
reasonable grounds to believe the arrested person had been driving
or was in actual physical control of a mot or vehicle upon the public
roads, highways, streets, turnpikes or other public place of this
state while under the influence of alcohol, any other intoxi cating
substance, or the combined influence of alcohol and any other
intoxicating substance, or that th e person had refused to submit to
the test or tests, shall revoke the license to drive and an y
nonresident operating privilege for a period provided by S ection 6-
205.1 of this title. If the person is a resident or nonresident
without a license or permit t o operate a motor vehicle in this
state, the Commissioner of Public Safety Director of Service
Oklahoma shall deny to the person the issuance of a licens e or
permit for a period provided by Section 6-205.1 of this title
subject to a review as provided in S ection 754 of this title. The
revocation or denial shall become effective forty -five (45) days
after the arrested person is given written notice thereof by the
officer or by the Department of Public Safety Service Oklahoma as
provided in Section 754 of th is title.
B. The Department Service Oklahoma shall immediately reinstate
the driving privilege of the person if:
ENR. S. B. NO. 623 Page 121
1. The arrested person was required to submit to the testing of
his or her blood or breath pursuant to the provis ions of a search
warrant despite his or her refusal to submit to testing; and
2. The Department Service Oklahoma receives a written blood or
breath test report that reflects the arrested person did not have
any measurable quantity of alcohol, or any other intoxicating
substance, or the combination of alcohol and any other intoxicating
substance in the blood or breath of the arrested person.
SECTION 24. AMENDATORY 47 O.S. 2021, Section 754, as
amended by Section 7, Chapter 376, O.S. L. 2022 (47 O.S. Supp. 2022,
Section 754), is amended to read as follows:
Section 754. A. The sworn report of the offic er stating the
officer had reasonable grounds to believ e the arrested person had
been driving or was in actual physical control of a mo tor vehicle
upon the public roads, highways, streets, turnpikes or other public
place of this state while under the influ ence of alcohol, any other
intoxicating substance or th e combined influence of alcohol and any
other intoxicating substance, shall be s ubmitted by mail, by
electronic means approved by the Department Service Oklahoma or in
person to the Department Service Oklahoma within seventy-two (72)
hours of the issuance of the report. The failure of the officer to
timely file this report shall not affect the authority of the
Department Service Oklahoma to revoke the driving privileg e of the
arrested person. However, the Department Service Oklahoma shall
take no action on a sworn report as described in this section if the
sworn report is not receive d by the Department Service Oklahoma
after the expiration of one hundred eighty (180) days of the arrest
of the person.
B. Upon receipt of a written blood or breath test repo rt
reflecting that the arrested person, if under t wenty-one (21) years
of age, had any measurable quantity of alcohol in the blood or
breath of the person, or, if the arrested person is twenty -one (21)
years of age or older, a blood or breath alcohol conce ntration of
eight-hundredths (0.08) or more, accom panied by a sworn report from
a law enforcement officer tha t the officer had reasonable grounds to
believe the arrested person had been operating or was in actual
physical control of a motor vehicle while u nder the influence of
ENR. S. B. NO. 623 Page 122
alcohol as prohibited by law , the Department Service Oklahoma shall
revoke or deny the driving privilege of the arrested person for a
period as provided by Section 6 -205.1 of this title, unless the
person has successfully completed or is currently participating in
the Impaired Driver Accountability Program in rela tion to the arrest
which is the subject of the report. Revocation or denial of the
driving privilege of the arrested per son shall become effective
thirty (30) forty-five (45) days after the arrested person is given
written notice thereof by the officer as provided in this section or
by the Department as provided in Section 2 -116 of this title Service
Oklahoma.
C. The appeal hearing before the district court shall be
conducted in accordance with Section 6-211 of this title. The
hearing shall cover the iss ues of whether the officer h ad reasonable
grounds to believe the person had been opera ting or was in actual
physical control of a vehicle upon the public roads, highways,
streets, turnpikes or other public place of this state while under
the influence of alcohol, any other intoxicati ng substance or the
combined influence of alcohol and any other intoxicating substance
as prohibited by law, and whether the person was placed und er
arrest.
1. If the revocation or denial is based upon a breath or blood
test result and a sworn report from a law enforcement officer, the
scope of the hearing shall also cover the issues as to whethe r:
a. if timely requested by the person, the person was not
denied a breath or blood test,
b. the specimen was obtained from the person within two
(2) hours of the arrest of the person,
c. the person, if under twenty-one (21) years of age, was
advised that driving privileges would be revoked or
denied if the test result reflected the presence of
any measurable quantity of alcohol,
d. the person, if twenty-one (21) years of age or older,
was advised that drivin g privileges would be revoked
or denied if the test result reflected an alcohol
concentration of eight-hundredths (0.08) or more, and
ENR. S. B. NO. 623 Page 123
e. the test result in fact reflects the alcohol
concentration.
2. If the revocation or denial is based upon the refusal o f the
person to submit to a breath or blood test , reflected in a sworn
report by a law enforcement officer, the scope of the hearing shall
also include whether:
a. the person refused to submit to the test or tes ts, and
b. the person was informed that drivi ng privileges would
be revoked or denied if the person refused to submit
to the test or tests.
D. After the hearing, the district court shall order the
revocation or denial either re scinded or sustained.
SECTION 25. AMENDATORY 47 O.S. 2021, Section 761, is
amended to read as fo llows:
Section 761. A. Any person who operates a motor vehicle while
his ability to operate such motor vehicle is impaired by the
consumption of alcohol, or any other substance, other than alcohol,
which is capable of being ingested, inhaled, injected or absorbed
into the human body and is capable of adversely affecting the
central nervous system, vision, hearing or other sensory or mot or
functions shall be subjec t to a fine of not less than One Hundred
Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or
imprisonment in the county jail for not more than six (6) months, or
by both such fine and imprisonment.
B. Upon the receipt of any person’s record of conviction of
driving while impaired, when such conviction has become final, the
Department of Public Safety Service Oklahoma shall suspend the
driving privilege of such pers on, as follows:
1. The first suspension shall be for thirty (30) days;
2. The second suspension shall be for a period of six (6)
months, which may be modified; provided, any modification under this
paragraph shall apply to Class D motor vehicles only ; and
ENR. S. B. NO. 623 Page 124
3. The third or subsequent suspension shall be for twelve (12)
months, which may be modified; provided, any modification under this
paragraph shall apply to Class D mot or vehicles only.
Provided, however, the Department Service Oklahoma shall not
suspend such privilege pu rsuant to this subsection if sa id person’s
driving privilege has been revoked based upon a test result or test
refusal pursuant to Section 753 or Sectio n 754 of this title arising
from the same circumstances which resulted in the convi ction.
C. The violations as set out in this section shall not be
bondable under Section 1115.3 of Title 22 of the Oklahoma Statutes.
D. Any person who is found guilty of a violation of the
provisions of this section or pleading guilty or nolo contendere for
a violation of any provision of this section sha ll be ordered to
participate in, prior to sentencing, an alcohol and drug assessment
and evaluation by an assessment agen cy or assessment personnel
certified by the Department of Mental Health and Substan ce Abuse
Services for the purpose of evaluating the receptivity to treatment
and prognosis of the person. The court shall order the person to
reimburse the agency or assess or for the assessment and evaluation.
The fee for an assessment and evaluation shal l be the amount
provided in subsection C of Section 3-460 of Title 43A of the
Oklahoma Statutes. The evaluation shall be conducted at a certified
assessment agency, the off ice of a certified assessor or at another
location as ordered by the court. The ag ency or assessor shal l,
within seventy-two (72) hours from the time the person i s assessed,
submit a written report to the court for the purpose of assisting
the court in its final sentencing determination. If such report
indicates that the evaluation sho ws that the defendant would benefit
from a ten-hour or twenty-four-hour alcohol and drug substance abuse
course or a treatment program or both, the court shall, as a
condition of any sentence imposed, including a deferred sentence and
a suspended sentence, require the person t o follow all
recommendations identified by the assessment a nd evaluation and
ordered by the court. No person, agency or facility operating an
alcohol and drug substance abuse evaluation program certified by the
Department of Mental He alth and Substance Ab use Services shall
solicit or refer any person evaluated pu rsuant to this section for
any treatment program or alcohol and drug substance abuse service in
ENR. S. B. NO. 623 Page 125
which such person, agency or facility has a vested interest;
however, this provision shall not be con strued to prohibit the court
from ordering participation in or any person from voluntarily
utilizing a treatment program or alcohol and drug substance a buse
service offered by such person, agency or facility. Any evaluation
report submitted to the court p ursuant to this subsection shal l be
handled in a manner whi ch will keep such report confidential from
the general public’s review. Nothing contained in this subsection
shall be construed to prohibit the court from ordering judgment an d
sentence and any other sanction authorized by law for failure or
refusal to comply with an order of the court.
SECTION 26. AMENDATORY 47 O.S. 2021 , Section 802, is
amended to read as follows:
Section 802. A. The Commissioner Service Oklahoma, in
conjunction with the Department o f Public Safety, shall adopt and
prescribe such regulations concerning the administration and
enforcement of Section 801 et seq. of this title as are necessary to
carry out the intent of this act and to protect the public. The
Commissioner Service Oklahoma or his or her authorized
representative shall inspect the school facilities and equipment of
applicants and licensees a nd examine applicants for instructor’s
licenses.
B. The Commissioner Service Oklahoma shall administer and
enforce the provisions of th is act, and may call upon th e State
Superintendent of Public Instruction for assistance in developin g
and formulating appropriate regulations.
C. 1. The Commissioner Service Oklahoma, in conjunction with
the Department of Public Safety, may require that the course of
study for training students for Class A, B or C commercial licenses
shall include training on the recognit ion, prevention and reporting
of human trafficking. If required, the Commissioner Service
Oklahoma, in conjunction with the Department of Public Safety, shall
regularly review and update the training to take into account
changes and trends in human traffi cking. The Commissioner Service
Oklahoma shall collaborate with organizations that specialize in the
recognition and prevention of human trafficking.
ENR. S. B. NO. 623 Page 126
2. The Commissioner Service Oklahoma, in conjunction with the
Department of Public Safety, may identify and establish industry
specific materials for use in the instruction required on the
recognition, prevent ion and effective reporting of human trafficking
by people training to obtain a Class A, B or C commercial license.
SECTION 27. AMENDATORY 47 O.S. 2021, Section 803, is
amended to read as follows:
Section 803. (A) No commercial driver training school shall be
established nor any such exis ting school continued on or after the
effective date of this act, unless such school applie s for and
obtains from the Commissioner Service Oklahoma a license in the
manner and form prescribed by the Commissioner Service Oklahoma.
(B) Regulations adopted b y the Commissioner Service Oklahoma,
in conjunction with the Department of Public Safety, shall state the
requirements for a school license, including requirements conc erning
location, equipment, courses of instruction, instruc tors, previous
records of the school and instructors, financial statements,
schedule of fees and charges, character and reputation of the
operators and instructors, insurance in such sum and with s uch
provisions as the Commissioner Service Oklahoma, in con junction with
the Department of Public Safety, deems necessary to protect
adequately the interests of the public, and su ch other matters as
the Commissioner Service Oklahoma may prescribe for the p rotection
of the public.
(C) Every school offering instruc tion for a restricted Class D
license for persons fifteen and one -half (15 1/2) years old as
defined in Section 6 -105 of this title must provide for a minimum
number of hours of actual classroom and field driving instruction as
determined by the Commissioner Service Oklahoma, in conju nction with
the Department of Public Safety .
SECTION 28. AMENDATORY 47 O.S. 2021, Section 804, is
amended to read as follows:
Section 804. A. No person shall act as an i nstructor unless
such person applies for and obtains from the Commissioner of Public
Safety Service Oklahoma a license in the manner and form prescribe d
by the Commissioner Service Oklahoma.
ENR. S. B. NO. 623 Page 127
B. Rules promulgated by the Commissioner Service Oklahoma, in
conjunction with the Department o f Public Safety, shall state the
requirements for an instructor ’s license, including requirements
concerning moral chara cter, physical condition, knowledge of the
courses of instruction, motor vehicle laws and safety principl es and
practices, previous pers onnel and employment records, and such other
matters as the Commissioner Service Oklahoma, in conjunction with
the Department of Public Safety, may prescribe for the protection of
the public.
SECTION 29. AMENDATORY 47 O.S. 2021, Se ction 805, is
amended to read as follows:
Section 805. All licenses shall expire on the last day of the
calendar year and may be renewed upon application to the
Commissioner Service Oklahoma as prescribed by his its regulation.
Each application for an or iginal or renewal school lice nse shall be
accompanied by a fee of Twenty -five Dollars ($25.00). Each
application for an original or renewal instructor’s license shall be
accompanied by a fee of Five Dollars ($5.00). The lic ense fees
collected pursuant to Sections 801 through 808 of this title shall
be remitted to the State Treasurer to be credited to the General
Revenue Fund in the State Treasury. No license fee shall be
refunded in the event that the license is rejected, s uspended, or
revoked.
SECTION 30. AMENDATORY 47 O.S. 2021, Section 806, is
amended to read as follows:
Section 806. The Commissioner Service Oklahoma may cancel,
suspend, revoke, or refuse to issue or renew a school or
instructor’s license in any case where he finds the licensee or
applicant has not complied with, or has violated, any of the
provisions of this Act or any regulat ion adopted by the Commissioner
Service Oklahoma hereunder. Any canceled, suspended or revoked
license shall be returned to the Commissioner Service Oklahoma by
the licensee, and its holder shall not be eligible to apply for a
license under this act until three (3) months have elapsed since the
date of suspension or revocation.
ENR. S. B. NO. 623 Page 128
SECTION 31. AMENDATORY 47 O.S. 2021, Section 1109, as
amended by Section 121, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1109), is amended to rea d as follows:
Section 1109. A. All information contained in certificates of
title, applications therefo r, vehicle registration records , records
related to boats and motors, and computer data files is hereby
declared to be confidential information and sha ll not be copied by
anyone or disclosed to anyone other than employees of Service
Oklahoma or the Corpora tion Commission in the regular course of
their employment, except as provided in subsection B of this
section. As used in this section, “personal information” means
information that identifies an individual including name, address
(excluding the five-digit ZIP code) and telephone numbe r, but does
not include information on vehicular accidents, driving violations
and driver’s status.
B. Personal informa tion referred to in subsection A of this
section shall be disclosed for use in connection with matters of
motor vehicle or driver safety and theft, motor vehic le emissions,
motor vehicle product alterations, recalls or advisories, and
removal of non-owner records from the original owner records of
motor vehicle manufacturers to carry out the purpose of Titles I and
IV of the Anti Car Theft Act of 1992, the Autom obile Information
Disclosure Act (15 U.S.C., Section 1231 et seq.), the Clean Air Act
(42 U.S.C., Section 7401 et seq.) and Chapters 301, 305 and 321 -331
of Title 49 of the United States Code and may be disclosed as
follows:
1. For use by any governmental agency, including but not
limited to any court or law enforcement agency, in carrying out its
functions, or any private person or entity acting on behalf of a
federal, state or local governmental agenc y in carrying out its
functions. Information relating to motor vehicle insurance,
including the insurer and insurance policy numbers, may be released
to law enforcement officers investigating an accident pursuant to
the provisions of Section 10 -104 of this title;
2. For use by any mot or vehicle manufacturer or an authorized
representative thereof in connection with matters of motor vehicle
or driver safety and theft, motor vehicle emissions, motor vehicle
product alterations, recalls or advisories, perfor mance monitoring
ENR. S. B. NO. 623 Page 129
of motor vehicles, motor vehicle part s and dealers, motor vehicle
market research activities, including survey research, and removal
of non-owner records from the original owner records of motor
vehicle manufacturers. The confidentiality of the information shall
be protected, as set out abov e, and used only for the purpose
stated; provided, further, that Service Oklahoma or the Corporat ion
Commission shall be authorized to review the use of and the measures
employed to safeguard the inform ation; and provided, further, t hat
the manufacturer or representative shall bear the cost incurred by
Service Oklahoma or the Corporation Commission in the production of
the information requested. If the confidentiality provisions, as
set out above, are v iolated, the provisions of subs ection D of
Section 205 of Title 68 of the Oklahoma Statutes shall apply and the
privilege of obtaining information shal l be terminated. Any
manufacturer or representative violating the provisions of this
paragraph, upon conviction, shall be punishable by a fine not to
exceed Fifty Thousand Dollars ($50,000.00);
3. For use by any person compiling and publishing motor vehi cle
statistics, provided that such statistics do not disclose the names
and addresses of individuals. Su ch information shall be provide d
upon payment of a rea sonable fee as determined by Service Oklahoma
or the Corporation Commission;
4. For use by a wre cker or towing service licensed pursuant to
the provisions of Section 951 et seq. of this title for use i n
providing notice to the owner s and secured parties o f towed or
impounded vehicles, upon payment of a fee of One Dollar ($1.00) per
vehicle record page to Service Oklahoma, the Corporation Commission
or any licensed operator;
5. For use by a legitimate b usiness or its agents, employee s,
or contractors for use in the normal course of business, upon
payment of a fee of One Dollar ($1.00) per vehicle reco rd page to
Service Oklahoma, the Corporation Commission or any licensed
operator, but only:
a. to verify the accuracy of personal inform ation
submitted by the indivi dual to whom the information
pertains to the business or its agents, employees, or
contractors, or
ENR. S. B. NO. 623 Page 130
b. to obtain the correct information, if such information
submitted by the individual to whom the information
pertains to the business is not correct, or is no
longer correct, but only for the purposes of
preventing fraud by, pursuing legal remedie s against,
or recovering on a debt or security interest against
the individual;
6. For use in connection with any civil, criminal,
administrative or arbitral procee ding in any federal, state or local
court or agency or before any self -regulatory body, inc luding the
service of process, investigation in anticipation of litigation, and
the execution or enforcem ent of judgments and orders, or pursuant to
an order of a federal, state or local court, upon payment of a fee
of One Dollar ($1.00) per vehicle record page to Service Oklahoma,
the Corporation Commission or any licensed operator;
7. For use by any insure r or insurance support organiza tion, or
by a self-insured entity, or its agents, employees, or contractors,
in connection with claims investigation act ivities, anti-fraud
activities, rating or underwriting, upon payment of a fee of One
Dollar ($1.00) per v ehicle record page to Service O klahoma, the
Corporation Commission or any licensed operator;
8. For use by any licensed private investigative agency o r
licensed security service for any purpose permitted under this
subsection, upon payment of a fee of One Dollar ($1.00) per vehicle
record page to Service Oklahoma, the Corporation Commission or any
licensed operator;
9. For use by a requester, upon paym ent of a fee of One Dollar
($1.00) per vehicle record page to Service Oklahoma, the Corporation
Commission or any licensed operator, if the requester demonstrates
that it has obtained the written consent of the individual to whom
the information pertains;
10. For use in connection with the operation of private toll
transportation facilities; or
11. For furnishing the name and address of all commercial
entities who have current registrations of any particular model of
vehicle; provided, this exception shal l not allow the release of
ENR. S. B. NO. 623 Page 131
personal information pursuant to the provisions of the Driver ’s
Privacy Protection Act, 18 U.S.C., Sections 2 721 through 2725.
Service Oklahoma shall collect a reasonable fee to recover the
costs of providing the data. As used i n this section, the term
“vehicle record page” means a computer-generated printout of the
motor vehicle inquiry screen. Information pro vided on the motor
vehicle inquiry screen printout shall include the current vehicle
owner name and address, vehicle mak e, model and year, identifying
numbers for the vehicle license plate, certificate of title and
vehicle identification number, relevant d ates relating to the
vehicle registration and certificate of title, lienholder
information and lien status.
C. In addition to the information provided on the vehicle
record page, Service Oklahoma or the Corporation Commissio n may,
upon written request, re lease to any requester author ized by the
provisions of this section to obtain individual motor vehicle
information, corresponding copies of vehicle certificates of title,
applications therefor, vehicle registration records an d computer
data files.
There shall be an informational searc h and retrieval fee of Five
Dollars ($5.00) per vehicle computer record search. If Servic e
Oklahoma or the Corporation Commission performs a manual search, the
fee shall be Seven Dollars and fift y cents ($7.50) per vehicle.
Service Oklahoma is authorized to promulgate rules whereby licensed
operators, when requesting such documentation in the performance of
their duties, are exempt from this retrieval fee. Certified copies
of vehicle certificate s of title and applications the refor shall be
included within the informational search and retrieval by Service
Oklahoma or the Corporation Commission for a fee of Ten Dollars
($10.00). Such duly certified copies may be received in evidence
with the same effect as the original when the original is not in the
possession or under the control of the party desiring to use the
same.
D. Requesters authoriz ed by this section to receive information
shall submit to Service Oklahoma, the Corporation Commission or a ny
licensed operator an affidav it supported by such document ation as
Service Oklahoma or the Corporation Commission may require, on a
form prescribed by Service Oklahoma or the Corporation Commission
ENR. S. B. NO. 623 Page 132
certifying that the information is requested for a lawfu l and
legitimate purpose and wi ll not be further disseminate d.
E. Notwithstanding the foregoing, Service Oklahoma or the
Corporation Commission may allow the release of information from its
motor vehicle records upon magnetic tape consisting only of the
following information:
1. The date of the certificate of tit le;
2. The certificate of title number;
3. The type of title issued for the vehicle ;
4. The odometer reading from the certificate of title;
5. The year in which the vehicle was manufactured;
6. The vehicle identification n umber for the vehicle;
7. The make of the vehicle; and
8. The location in which the vehicle is registered.
Service Oklahoma or the Corporation Commission shall allow the
release of such information upon payment of a reasona ble fee to be
determined by Service Oklahoma or the Corporat ion Commission. The
information released as authorized by this subsection may only be
used for purposes of detecting odometer rollback or odometer
tampering, for determining the issuance in this state or any other
state of salvage or rebuilt titles for ve hicles or for determining
whether a vehicle has been reported stolen in this st ate or any
other state.
F. Notwithstanding the provisions of this section or of Section
205 of Title 68 of the Oklah oma Statutes, Service Oklaho ma or the
Corporation Commission may inform a secured party that taxes and
fees are delinquent with respect to a vehicle upon which the secured
party has a perfected lien.
G. Fees received by a licensed operator pursuant to the
provisions of this section shall not be included in the max imum sum
ENR. S. B. NO. 623 Page 133
that may be retained by licensed operators as compensation pursuant
to the provisions of Section 1143 of this title.
H. All funds collected by the Tax Commission pursuant to the
provisions of this section shall be deposited in the Oklahoma Tax
Commission Revolving Fund. Beginning January 1, 2023, all funds
collected by Service Oklahoma pursuant to the provisions of this
section shall be deposited in the Service Oklahoma Revolving Fund.
All funds collected by the C orporation Commission pursuant t o the
provisions of this section shall be apportioned as provided in
subsection C of Section 1161 of this title.
I. It is further provided that the provisions of this section
shall be strictly in terpreted and shall not be c onstrued as
permitting the discl osure of any other information contained in the
files and records of Servic e Oklahoma or the Corporation Commission.
J. It shall be unlawful for any person to commit any of the
following acts:
1. To knowingly obtain or dis close personal information from a
motor vehicle record for any use not expressly permitted by this
section; or
2. To make false representation to obtain any personal
information from an individual ’s motor vehicle record.
Any violation of the provisions of this section shall constitute
a misdemeanor and shall be punishable by the imposition of a fine
not exceeding One Thousand Dollars ($1,000.00), or by imprisonment
in the county jail for a term not exceeding one (1) year, or by both
such fine and imprisonm ent. Where applicable, a person convicted of
a violation of the provisions of this section shall be re moved or
dismissed from office or state employment. No liability whatsoever,
civil or criminal, shall attach to any member o r employee of Service
Oklahoma or the Corporation Commission for any error or omission in
the disclosure of such information.
SECTION 32. AMENDATORY 47 O.S. 2021, Section 1135.5, as
last amended by Section 164, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1135.5), is amended to read as follows:
ENR. S. B. NO. 623 Page 134
Section 1135.5. A. Service Oklahoma is hereby authori zed to
design and issue appropriate official special license plates to
persons wishing to demonstrate support and provide finan cial
assistance as provided by this section.
Special license plat es shall not be transferred to any other
person but shall be re moved from the vehicle upon transfer of
ownership and retained. The special license plate may then be used
on another vehicle b ut only after such other vehicl e has been
registered for the curr ent year with a licensed operator.
Special license plates shal l be renewed each year by Service
Oklahoma or a licensed operator, unless authorized by Service
Oklahoma to be renewed for a peri od greater than one (1) year.
Service Oklahoma shall notify by m ail all persons issued special
license plates. The notice sha ll contain all necessary information
and shall contain instructions for the renewal procedure upon
presentation to a licensed ope rator or Service Oklahoma. The
license plates shall be issued on a staggered system.
Service Oklahoma is hereby directed to d evelop and implement a
system whereby licensed operators are permitted to accept
applications for special license plates authorize d under this
section. The licensed operator shall confirm the ap plicant’s
eligibility, if applicable, collect and deposit any amount
specifically authorized by law, accept and process the necessary
information directly into such system and generate a rece ipt
accordingly. For performan ce of these duties, licensed opera tors
shall retain the fee provided in Section 1141.1 of this title for
registration of a motor vehicle. The licensed operator fees for
acceptance of applications and renewals shall be paid o ut of the
Oklahoma Tax Commission Reimbursement Fund. Beginning January 1,
2023, the licensed operator fees for acceptance of applications and
renewals shall be paid out of the Service Oklahoma Reimbursement
Fund.
If fewer than one hundred fifty (50) of any type of special
license plates authorized prior to January 1, 2004, are issued prior
to January 1, 2006, Service Oklahoma shall discontinue issuance and
renewal of that type of special license plate. Any such authorized
special license plate registrant shall be allowed to display th e
license plate upon the designate d vehicle until the registration
ENR. S. B. NO. 623 Page 135
expiration date. After suc h time the expired special license plate
shall be removed from the vehicle.
For special license plates authorized on or after July 1, 2004,
no special license pla tes shall be developed or issued b y Service
Oklahoma until Service Oklahoma receives one hund red prepaid
applications therefor. The prepaid applications must be received by
Service Oklahoma within one hundred eighty (180) da ys of the
effective date of the authorization or the authority to issue shall
be null and void. In the event one hundred pr epaid applications are
not received by Service Oklahoma within such prescribed time period
any payment so received shall be refunded accordingly.
B. The special license plates provided by this sec tion are as
follows:
1. University or College Supporter License Plate - such plates
shall be designed and issued to any person wishing to demonstrate
support to any state -supported or private university or college. As
provided in this section, an amount of the fee collected shall be
apportioned as provided in Section 1104.1 of this title;
2. Environmental Awareness License Plate - such plates shall be
designed, subject to the criteria to be presented to Service
Oklahoma by the Department of Environmental Quality in consultat ion
with the Oklahoma Arts Council, and issued to any person wishing to
demonstrate support to implement the statewide general public
environmental education program Environmental Education Program
created pursuant to the provisions o f the Oklahoma Environmental
Quality Code. Such plate s shall be designed and issued to any
person in any combination of numbers and letters from one to a
maximum of seven, as for personalized license plates. A dealer ’s
license plate issued pursuant to Se ction 1116.1 or 1128 of this
title may be designated a n Environmental Awareness License Plate
upon payment of the fee imposed by this section and any other
registration fees required by the Ok lahoma Vehicle License and
Registration Act. As provided in thi s section, an amount of the fee
collected shall be app ortioned pursuant to Section 1104.2 of this
title;
3. Firefighter License Plate - such plates shall be designed
for any career or retired firefighter, volunteer or paid .
ENR. S. B. NO. 623 Page 136
Firefighters may apply for fir efighter plates for up to four
vehicles with a rated c apacity of one (1) ton or less or for a
motorcycle upon proof of a fire department membership by either an
identification card or letter f rom the chief of the fire depar tment.
Retirees who are eligible for such plates shall provide pr oof of
eligibility upon initial application, but shall not be required to
provide proof of eligibility annually. The surviving spouse of any
deceased firefighter, if the spouse has not sinc e remarried, may
apply for a firefighter license plate for one veh icle with a rated
carrying capacity of one (1) ton or less or for a motorcycle upon
proof that the deceased firefighter was a member of a fire
department by either an identification card or letter from the chief
of the fire department. The license plate s hall be designed in
consultation with the Oklahoma State Firefighters Association.
As provided in this section, an amount of the fee collected
shall be deposited to the Oklahoma State Fireme n’s Museum Building &
Memorial Fund for support of the Oklahoma State Firefighters Museum
and the Oklahoma Fallen and Living Firefighters Memorial;
4. Wildlife Conservation License Plate - such plates shall be
designed, subject to the criteria to be prese nted to Service
Oklahoma by the Oklahoma Department of Wildlife Conservation i n
consultation with the Oklahoma Arts Council, and issued to any
person wishing to demonstrate support for wildlife conservation in
this state through the Wildlife Diversity Fund , provided for in
Section 3-310 of Title 29 of the Oklahoma Statutes. Such pl ates may
be designed and issued to any person as for personalized license
plates.
As provided in this section, an amount of the fee collected
shall be apportioned pursuant to sub section D of Section 3 -310 of
Title 29 of the Oklahoma Statutes;
5. Child Abuse Prevention License Plate - such plates shall be
designed, subject to the criteria to be presented to Service
Oklahoma by the Office of Child Abu se Prevention in the State
Department of Health and the Oklahoma Committee to Prevent Child
Abuse Child Abuse Prevention Action Committee, and issued to any
person wishing to demonstrate support for the prevention of child
abuse.
ENR. S. B. NO. 623 Page 137
As provided in this sectio n, an amount of the fee collect ed
shall be deposited in the Child Abuse Prevention Fund;
6. United States Olympic and Paralympic Committee Supporter
License Plate - such plates shall be designed and issued to any
person wishing to demonstrate support for the United States Olympic
and Paralympic Committee. The plates shall be issued to any person
in any combination o f numbers and letters from one to a maximum of
seven, as for personalized license plates. The plate shall contain
the official United States Olympic and Paralympic Committee logo.
Service Oklahoma shall be authorized, if necessary, to enter into a
licensing agreement with the United States Olympic and Paralympic
Committee for any licensing fees wh ich may be required i n order to
use the United States Olympic and Paralympic Committee logo or
design. The licensing agreement shall provide for a payment of not
more than Twenty-five Dollars ($25.00) for each license plate
issued;
7. Oklahoma History License Plate - such plates shall be
designed and issued to any person wishing t o demonstrate interest in
Oklahoma history. As provided in this section, an amoun t of the fee
collected shall be deposi ted to the Oklahoma Historical Society
Revolving Fund to be used for educ ational purposes;
8. Historic Route 66 License Plate - such:
a. vehicle plates shall be designed to honor historic
Route 66, also known as the “Mother Road”. As
provided in this sec tion, an amount of the fee
collected for each vehicle license plate shall be
apportioned to the Oklahoma Historical Society
Revolving Fund to be distributed to the Route 66
Museum located in Clinton, Oklahoma, and
b. motorcycle plates shall be designed in consultation
with the Oklahoma Route 66 Association, Inc. Service
Oklahoma shall be authorize d to enter into a licensing
agreement with the Oklahoma Route 66 Association,
Inc., for any licensing fees which may be r equired in
order to use the Oklahoma Rout e 66 Association, Inc.,
logo or design. The licensing agreement shall pr ovide
for a payment to the Oklahoma Route 66 Association,
ENR. S. B. NO. 623 Page 138
Inc., of not more than Twenty Dollars ($20.00) for
each motorcycle license plate iss ued;
9. Heart of the Heartland License P late - such plates shall be
designed and issued to any person wishing to honor the victims of
the terrorist bombing attack on the Alfred P. Murrah Federal
Building in downtown Oklahoma City on April 19, 1995. As p rovided
in this section, an amount of the fee collected shall be deposited
in the Heart of the Heartland Scholarshi p Fund, as establishe d in
Section 2282 of Title 70 of the Oklah oma Statutes;
10. Emergency Medical Technician License Plate - such plates
shall be designed and issued to any person w ho is an emergency
medical technician. Such persons may apply for an eme rgency medical
technician license plate for each vehicle with a rated carrying
capacity of one (1) ton or less upon proof of an emergency me dical
technician’s license. The license pl ate shall be designed in
consultation with the state association of emerg ency medical
technicians Oklahoma Emergency Medical Technic ians Association. As
provided in this section, an amount of the fee collected sh all be
apportioned to the Emergency Medical Personnel Death Benefit
Revolving Fund created in Section 1 -2505.2 of Title 63 of the
Oklahoma Statutes;
11. Fight Breast Cancer License Plate - such plates shall be
designed to demonstrate support for the prev ention and treatment of
breast cancer in thi s state. As provided in this section, an amount
of the fee collected shall be apportioned to the Breast Cancer Act
Revolving Fund;
12. Crime Victims Awareness License Plate - such plates shall
be designed and issued to any person wishing to demonstrate
awareness of and support for victims of crimes. The license plates
shall be designed in con sultation with the Oklahoma Crime Victims
Centre Crime Victims Compensat ion Program. As provided in this
section, an amount of the fee collected shall be apportione d to the
Attorney General’s Revolving Fund for the Office of the Attorney
General, which is hereby direct ed to use such funds to contract with
a statewide nonprofit organization to provide services to crime
victims;
ENR. S. B. NO. 623 Page 139
13. Oklahoma Safe Kids Association Safe Kids Oklahoma License
Plate - such plates shall be designed and issued to any person
wishing to demonstrate support and awareness of the Oklahoma Safe
Kids Association Safe Kids Oklahoma. The license plate shall be
designed in consultation with the Oklahoma Safe Kids Association
Safe Kids Oklahoma. As provided in this section, an amount of the
fee collected shall be deposited in the Chi ldren’s Hospital -
Oklahoma Safe Kids Association Safe Kids Oklahoma Revolving Fund to
be distributed to the Oklahoma Safe Kids Association Safe Kids
Oklahoma program;
14. Oklahoma Four-H Club License Plate – such plates shall be
designed, subject to crit eria to be presented to Service Oklahoma by
the Four-H Foundation, and is sued to any person wishing to
demonstrate support of the Oklahoma Four-H Club. Such plates may be
designed and issued to any person as for personalized license
plates. As provided i n this section, an amount of the fee collected
shall be apportioned to th e OSU Extension Service License Plate
Revolving Fund created in Section 1104.4 of this title;
15. Agricultural Awareness License Plate – such plates shall be
designed, subject to cri teria to be presented to Service Oklahoma,
by the Oklahoma Department of Agriculture, Food, and Forestry in
consultation with the Oklahoma Arts Council, and issued to any
person wishing to demonstrate support of the Departmen t’s Ag in the
Classroom Education Program. As provided in this section, an amount
of the fee collected shall be apportioned as provided in Section
1104.3 of this title;
16. Oklahoma Statehood Centennial License Plate – such plates
shall be designed and i ssued to any person wishing to commemorate
the centennial of Oklahoma ’s admission to statehood in 1907 . The
license plates shall be designed in consultation with the Oklahoma
Capitol Complex and Centennial Commemoration Commission. As
provided in this section, an amount of the fee col lected shall be
deposited in the Oklahoma Department of Commerce Revolv ing Fund
created in Section 5012 of Title 74 of the Oklahoma Statutes;
17. Support Education License Plate – such plates shall be
designed, subject to cr iteria to be presented to Servi ce Oklahoma by
the State Department of Education in consultation with the Oklahoma
Arts Council, and issued to any person wishing to demonstrate
ENR. S. B. NO. 623 Page 140
support for education in this state. All licensed operators shall
display a sample of the Support Education Li cense plate in the area
of the business accessed by the public. Twent y-three Dollars
($23.00) of the fee collected shall be apportioned as follows:
a. five percent (5%) shall be deposited to the Education
Reform Revolving Fund,
b. five percent (5%) shall be deposited to the Oklahoma
State Regents for Higher Education Revo lving Fund,
c. five percent (5%) shall be deposited to the State
Career Technology Career-Technology Fund, and
d. eighty-five percent (85%) shall be deposite d to the
Teachers’ Retirement Benefit Fund as set forth in
Section 17-108 of Title 70 of the Okla homa Statutes.
However, when the Teachers ’ Retirement Benefit Fund attains a
seventy percent (70%) funded ratio bas ed on an annual actuarial
valuation as required by law, the amount of the f ee shall be
apportioned equally pursuant to subparagraphs a, b an d c of this
paragraph;
18. Retired Oklahoma Highway Pa trol Officers License Plate –
such plates shall be designed a nd issued to any retired officer of
the Oklahoma Highway Patrol. The licen se plate shall have the
legend “Oklahoma” and shall contain, in the center of the plate, the
Highway Patrol Officers pat ch using the same colors and pattern as
used in the patch. C entered on the bottom of the license plate
shall be the word “Retired”. The letters “TRP” shall be used in
combination with three numbers on either side of the insignia or
emblem. The color of the letters and numbers shall be brown.
Retirees who are eli gible for such plates shall provide proof of
eligibility upon initial appli cation, but shall not be required to
provide proof of eligibilit y annually. The surviving spouse of any
deceased retired officer of the Oklahoma Highway Patrol, if the
spouse has not since remarried, or if remarried, the rem arriage is
terminated by death, divorce, or annulment, may apply for a Retired
Oklahoma Highway Patrol Officers license plate. As provided in this
section, an amount of the fee collected shall be deposited into the
Oklahoma Law Enforcement Retirement Fund ;
ENR. S. B. NO. 623 Page 141
19. Boy Scouts of America Su pporter License Plate – such plates
shall be designed and issue d to any person wishing to demonstrate
support for the Boy Scouts of America. The plates shall be issued
to any person in any combination of numbers and letters from one to
a maximum of seven, as for personalized license plates. The plate
shall contain the official Boy Scouts of America logo. Service
Oklahoma shall be authorized, if necessary, to enter into a
licensing agreement with the Boy Scouts of America fo r any licensing
fees which may be required in order to use the Boy Scouts of America
logo or design. The licensing agreement shall provide for a payme nt
to the Boy Scouts of America of not more than Twenty Dollars
($20.00) for each license plate issued;
20. Urban Forestry and Beautifi cation License Plate – such
plates shall be designed, subject to criteria to be presented to
Service Oklahoma, by the Ok lahoma Department of Agriculture, Food,
and Forestry in consultation w ith nonprofit organizations in this
state that develop and operate programs to encourage urban forestry
and beautification, and issued to any person wishing to demonstrate
support of such programs. As provided in this section, an amount of
the fee collected shall be apportioned as provided in Section 1104.5
of this title;
21. Oklahoma State Parks Supporter License Plate – such plates
shall be designed, subject to criteria to be presente d to Service
Oklahoma by the Oklahoma Tourism and Recreation Departmen t, and
issued to any person wishing to demonstrate support for the Oklahoma
state parks system. Twenty -three Dollars ($23.00) of the fee
collected shall be deposited in the Oklahoma Tou rism and Recreation
Department Revolving Fund. Such money shall be de signated for and
may only be expended for the support of Oklahoma state parks;
22. Adoption Creates Families License Plate – such plates shall
be issued to any person wishing to demonst rate support of pregnant
women who are committed to placing their chil dren for adoption and
wishing to provide assistance to guardians, adoptive parents and
other created families to assist in the adoption and placement of
children in permanent, safe homes . The license plates shall be
designed and final terminology delivere d in consultation with the
Oklahoma Adoption Coalition and the Dep artment of Human Services.
Twenty-five Dollars ($25.00) of the fee collected shall be deposited
ENR. S. B. NO. 623 Page 142
in a revolving fund est ablished in the State Treasury for and to be
used by the Department of Human Services for the implementat ion of
the Investing in Stronge r Oklahoma Families Act specifically for
created families;
23. Choose Life License Plate – such plates shall be designe d,
subject to criteria presented to Service Oklahoma, by Choose Life
America, Inc., and issued to any per son who wishes to demonstrate
support of organizations that encourage adoption as a positi ve
choice for women with unplanned pregnancies. As provided in this
section, an amount of the fee collected shall be deposited in the
Choose Life Assistance Program Revolving Fund established in S ection
1104.6 of this title;
24. Future Farmers of Americ a License Plate – such plates shall
be designed and issued to persons wishing to demonstrate support for
the Oklahoma FFA Association (formerly known as Future Farmers of
America). The license plat es shall be designed in consultation with
the Oklahoma FFA Foundation Association Board of Directors. As
provided in this section, an amount of the fee collected shall be
apportioned as provided in Section 1104.7 of this title;
25. Lions Club License Pla te – such plates shall be designed
and issued to persons wishing to demonstrate support for the Lions
Club Clubs of Oklahoma. The plates shall be issued to any person in
any combination of numbe rs and letters from one to a m aximum of
seven, as for persona lized license plates. The license plates shall
be designed in consultation with the Oklahoma Lions Service
Foundation and shall contain the official logo of the International
Association of Lions Clubs. Service Oklahoma sha ll be authorized to
enter into a licensing agreement with the Oklahoma Lions Service
Foundation. The licensing agreement shall provide for a payment t o
the Oklahoma Lions Service Foundation of not more than Ten Dollars
($10.00) for each license plate issu ed;
26. Color Oklahoma License Plate – such plates shall be
designed, subject to crite ria to be presented to Service Oklahoma by
the Oklahoma Native P lant Society, and issued to any person wishing
to demonstrate support for p reserving and planting wildflo wers and
native plants in Oklahoma this state and to promote Oklahoma ’s
wildflower heritage through education. As provided in this section,
ENR. S. B. NO. 623 Page 143
an amount of the fee collected shall be apportioned as provided in
Section 1104.8 of this title;
27. Girl Scouts of the United States of America Supporter
License Plate - such plates shall be designed and issued to any
person wishing to demonstrate support for the Girl Scouts of the
United States of America. The plates shall be issued to any person
in any combination of numbers and letters from one to a maximum of
seven, as for personalized license pl ates. The plate shall contain
the official Girl Scouts of the Un ited States of America logo.
Service Oklahoma shall be authorized, if necessary, to e nter into a
licensing agreement with the Girl Scouts of the United States of
America for any licensing fe es which may be required in order to use
the Girl Scouts of the U nited States of America logo or design. The
licensing agreement shall provide for a p ayment to the Girl Scouts
of Magic Empire Council of Girl Scouts, acting on behalf of all
Oklahoma Girl Scout councils, of not more than Twenty Dollars
($20.00) for each license plate issued;
28. Oklahoma City Memorial Marathon License Plate – such plates
shall be designed and issued to any person wish ing to demonstrate
support for the Oklahoma City Memoria l Marathon. The plate shall be
designed in consultation with the Oklahoma City Memorial Marathon.
Service Oklahoma shall be authorized to enter into a licensing
agreement with the Oklahoma City Memo rial Marathon for any licensing
fees which may be requir ed in order to use the Oklahoma City
Memorial Marathon logo or des ign. The licensing agreement shall
provide for a payment to the Oklahoma City Memorial Marathon of n ot
more than Twenty Dollars ($20. 00) for each license plate issued;
29. Oklahoma Scenic Rivers License Plate – such plates shall be
designed to demonstrat e support for the Oklahoma Scenic Rivers Grand
River Dam Authority. The plates shall be designed in cons ultation
with the Oklahoma Scenic Rivers Commission. T wenty-five Dollars
($25.00) of the fee shall be apportioned to the Oklahoma Scenic
Rivers Commission Grand River Dam Authority;
30. Fight Cancer License Plate – such plates shall be designed
to demonstrate support for the Oklahoma Central Cancer Registry.
The plate shall contain the American Cancer Society logo. The
American Cancer Society logo sh all be used in accordance with the
American Cancer Society ’s branding guidelines and shall only be
ENR. S. B. NO. 623 Page 144
utilized to support the Oklahoma Cent ral Cancer Registry. Twenty
Dollars ($20.00) of t he fee shall be apportioned to the Oklahoma
Central Cancer Registry Re volving Fund;
31. Animal Friendly License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
controlling the overpopulation of dogs and ca ts through educational
and sterilization efforts. The plates shall be designed in
consultation with the Veterinary Medical Association. Twenty
Dollars ($20.00) of the fee co llected shall be designated by the
purchaser of the plate to be deposited in the Oklahoma Pet
Overpopulation Fund created in Section 2368.13 of Title 6 8 of the
Oklahoma Statutes or the Animal Friendly Revolving Fund created in
Section 1104.10 of this title ;
32. Patriot License Plate - such plates shall be designed in
consultation with the Military Department of the State of Oklahoma
and issued to any pe rson wishing to demonstrate support for Oklahoma
residents who are members of the Oklahoma National Guard and
deployed on active duty. The plates shall be issued to any person
in any combination of numbers and letters from one to a maximum of
seven, as for personalized license plates. As provided in this
section, a portion of the fee collected shall be depo sited in the
Patriot License Plate Revolving Fund created in Section 1104.11 of
this title;
33. Global War on Terrorism License Plate - such plate shall be
designed in consultation with the Military Department of the State
of Oklahoma and issued to any pe rson wishing to demonstrate sup port
for Oklahoma residents who are members of the Armed Forces of the
United States or Oklahoma National Guard that hav e served in the
Global War on Terrorism. The plate shall be issued to any person in
any combination of n umbers and letters from one to a maximum of six.
As provided in this sect ion, a portion of the fee collected shall be
deposited in the Oklahoma Nation al Guard Museum Fund created in
Section 235.1 of Title 44 of the Oklahoma Statutes;
34. Boys and Girls C lubs of America Supporter Licen se Plate –
such plates shall be designed an d issued to any person wishing to
demonstrate support for the Boys and Girls Clubs of America. The
plates shall be issued to any person in any combination of numbers
and letters from one to a maximum of seven, as for personalized
ENR. S. B. NO. 623 Page 145
license plates. The plat e shall contain the official Boys and Girls
Clubs of America logo. Service O klahoma, if necessary, may enter
into a licensing agreement with the Boys and Girls Clubs of America
for any licensing fees which may be required in order to use the
Boys and Girls Clubs of America logo or design. The licensing
agreement shall provide for a payment to the Boys and Girls Clubs of
America of not more than Twenty Dollars ($20.00) for each licen se
plate issued;
35. Oklahoma Quarter Horse License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
the American Quarter Horse in Oklahoma this state. The plate shall
be designed in consultation with the Oklahoma Quarter Horse
Association. As provided in this section, a portion of the fee
collected shall be deposited in the Oklahoma Quarter Horse Revol ving
Fund created in Section 1104.12 of this title;
36. Oklahoma Association for the Deaf License Plate – such
plates shall be designed in consultation with the Oklahoma
Association for the Deaf and issued to any person wi shing to
demonstrate support for Oklahoma residents who are deaf. The plates
shall be issued to any person in any combination of numbers and
letters from one to a maxim um of seven, as for personalized license
plates. As provided in this section, a portio n of the fee collected
shall be deposited in the Oklahoma Association for the Deaf License
Plate Revolving Fund created in Section 1104.15 of this title;
37. Oklahoma City Zoo License Plate – such plates shall be
issued to any person wishing to demonstrat e support for the Oklahoma
City Zoo. The license plates shall be designed in consultation with
the Oklahoma Zoological Society, Inc. As provided in this section,
an amount of the fee collected shall be deposited in the Oklahoma
Zoological Society Revolvi ng Fund created in Section 1104.1 3 of this
title;
38. March of Dimes License Plate – such plates shall be issued
to persons wishing to de monstrate support for the March of Dimes
mission to improve the health of b abies by preventing birth defects,
premature birth and infant mortality. Th e license plates shall be
designed in consultation with the Oklahoma Chapter March of Dimes.
As provided in this section, an amount of the fee collected shall be
ENR. S. B. NO. 623 Page 146
deposited in the Oklahoma Prevent Birth Defects, Premature B irth and
Infant Mortality Fund es tablished in Section 1104.14 of this title;
39. Support Our Troops Supporter License Plate – such plates
shall be designed and issued t o any person wishing to demonstrate
support for Support Our Troops Incorporated. The p lates shall be
issued to any person in any combination of numbers and letters from
one to a maximum of six. The plate shall contain the o fficial
Support Our Troops Inco rporated logo which includes the mark
“Support Our Troops” across the bottom of the pla te. Service
Oklahoma, if necessa ry, may enter into a licensing agreement with
Support Our Troops Incorporated for any licensing fees whic h may be
required in order to u se the Support Our Troops Incorporated logo or
design. The licensing agreement shall p rovide for a payment to
Support Our Troops Incorporated of Twenty-five Dollars ($25.00) for
each license plate issued;
40. Folds of Honor Supporter License Plate – such plates shall
be authorized to be designed and issued to any person wishing to
demonstrate support for the Oklahoma City Chapter of Folds of Honor
Incorporated, a nonprofit charitable organization exempt fr om
taxation pursuant to the provisions of the Inte rnal Revenue Code, 26
U.S.C., Section 501( c)(3), providing educational scholarships to
spouses and children of America ’s fallen and disabled military
service members. The plates shall be issued to any pers on in any
combination of numbers and letters from one to a maximum of six.
Such person may apply for a Folds of Honor Supporter license plate
for a motorcycle; provided, the license plate for motorcycles may be
of similar design to the license plate for m otor vehicles or may be
a new design in order to m eet space requirements for a motorcycle
license plate. The plate shall be designed in consultation with the
Oklahoma City Chapter of Folds of Honor Incorporated and shall
contain the official Folds of Hono r Incorporated logo which includes
the mark “Folds of Honor” across the bottom of the plate. Service
Oklahoma, if necessary, may enter i nto a licensing agreement with
Folds of Honor Incorporated for any licensing fees which may be
required in order to use the Folds of Honor Incorporated logo or
design. The licensing agreement shall provide for a payment to
Folds of Honor Incorporated of T wenty-five Dollars ($25.00) for e ach
license plate issued. Subject to the provisions of subsection A of
this section, the Folds of Honor Supporter License Plate is here by
reauthorized effective November 1, 2019 ;
ENR. S. B. NO. 623 Page 147
41. Downed Bikers Association License Plat e - such plates shall
be designed and issued to any person wishing to demonstrate support
for the Downed Bikers Associa tion, a nonprofit charitable
organization exempt f rom taxation pursuant to the provisions o f the
Internal Revenue Code, 26 U.S.C., Sectio n 501(c)(3), which provides
emotional and financial support for downed bikers. The license
plate shall be designed in consultation with the Central Oklahoma
Chapter of the Downed Bikers Association and shall c ontain any
official logo or design of the orga nization. Service Oklahoma, if
necessary, may enter into a licensing agreement with the Downed
Bikers Association for any licensing fees which may be required in
order to use the organization’s logo or design. The licensing
agreement shall provide for a payment to the Downed Bikers
Association of not more than Twenty Dollars ($20.00) for each
license plate;
42. Armed Forces Veterans Motorcycle License Plate – such
plates shall be designed for use on a motorc ycle in consultation
with A Brotherhood Aiming Toward Education of Oklahoma, Inc .
(ABATE), and issued to any honorably discharged former member of the
United States Armed Forces wishing to demonstrate support for the
Oklahoma National Guard Museum. Person s applying for such license
plate must show proof of past military service. As provided in this
section, a portion of the fee collected shall be deposited in the
Oklahoma National Guard Museum Fund created in Sectio n 235.1 of
Title 44 of the Oklahoma Stat utes;
43. Buffalo Soldier License Plate - such plates shall be issued
to any person wishing to honor and celebrate the history and
contribution of the Buffalo Soldie rs. The license plates shall be
designed in consultation with the Lawton-Fort Sill Chapter of the
Buffalo Soldiers 9th and 10th (Horse) Cavalry Association. As
provided in this section, an amount of the fee collected shall be
deposited in the Buffalo Sol dier License Plate Revolving Fund
created in Section 1104.16 of this title;
44. Prevent Blindness Oklahoma License Plate - such plates
shall be issued to any person wish ing to provide financial support
for vision screening of school age children in this s tate. The
license plates shall be designed in con sultation with Prevent
Blindness Oklahoma. As provided in this section, an amount of t he
ENR. S. B. NO. 623 Page 148
fee collected shall be deposit ed in the Prevent Blindness Oklahoma
License Plate Revolving Fund created in Section 1 104.17 of this
title;
45. Oklahoma State Capitol Restoration License Plate - such
plates shall be designed and issued to any person wish ing to
demonstrate support for re storation of the Oklahoma State Capitol
building. The license plates shall be designe d in consultation with
the Friends of the Capitol corporation, created pursuant to Sect ion
15.4 of Title 73 of the Oklahoma Statutes and the State Capitol
Preservation Commission created pursuant to Section 4102 of Title 74
of the Oklahoma Statutes. As pr ovided in this section, an amount of
the fee collected shall be deposited in the Oklaho ma Friends of the
Capitol License Plate Revolving Fund established in Section 1104. 18
of this title;
46. Eastern Red Cedar Tree License Plate – such plates shall be
designed, subject to criteria to be presented to Serv ice Oklahoma
and issued to any perso n wishing to demonstrate support for the
removal of Eastern Redcedar trees from land s in the state and to
develop marketable uses for the harvested trees. The license pl ate
shall be designed in consultation with the Okl ahoma Department of
Agriculture, Food, and Forestry. Twenty-three Dollars ($23.00) of
the fee collected shall be deposi ted in the Eastern Redcedar
Revolving Fund created in Section 18 -407 of Title 2 of the Oklahoma
Statutes. The money shall be designated for and may only be
expended for the purposes as set forth in the Eastern Redcedar
Management Act;
47. Pancreatic Canc er Research License Plate - such plates
shall be issued to any person wishing to provi de financial support
for the University of Oklahom a Foundation, Pancreatic Cancer
Research Fund. The plates shall be issued to any perso n in any
combination of numbers a nd letters from one to a maximum of six.
The license plates shall be designed in cons ultation with the
University of Oklahoma Foundatio n, Pancreatic Cancer Research Fund.
As provided in this section, an amount of the fee collected shall be
deposited in the Pancreatic Cancer Research License Plate Revolving
Fund created in Section 1104.19 of this title;
48. Alzheimer’s Research License P late - such plates shall be
issued to any person wishing to provide financial support f or the
ENR. S. B. NO. 623 Page 149
Oklahoma Chapter of the Al zheimer’s Association. The license plates
shall be designed in consultation with the Oklahoma Chapter of the
Alzheimer’s Association. As provided in this section, an am ount of
the fee collected shall be deposited in the A lzheimer’s Research
License Plate Revolving Fund created in Section 1104.20 of this
title;
49. Hospice and Palliative Care License Plate - such plates
shall be issued to any person wishing to provide f inancial support
for the Oklahoma Hospice and Palliati ve Care Association. The
license plates shall be designed in consultation with the Oklahoma
Hospice and Palliative Care Association. As provided in this
section, an amount of the fee collected shall b e deposited in the
Hospice and Palliative Care License Plate Revolving Fund created in
Section 1104.21 of this title;
50. Juvenile Diabetes Research License Plat e - such plates
shall be issued to any person wishing to prov ide financial support
for the Oklahoma Chapters of the Juvenile Diabetes Research
Foundation. The license plates shall be designed in consultation
with the Oklahoma Chapters of the Juvenile Diab etes Research
Foundation. As provided in this section, an am ount of the fee
collected shall be deposited in the Juvenile Diabetes Research
License Plate Revolving Fund created in S ection 1104.22 of this
title;
51. Deer Creek Schools Foundation License Pl ate - such plates
shall be issued to any person wishing to pr ovide financial support
for the Deer Creek Schools Foundation. The license plates shal l be
designed in consultation wit h the Deer Creek Schools Foundation.
The plates shall be issued to any per son in any combination of
numbers and letters from one to a m aximum of seven, as for
personalized license plates. As provided in this section, an a mount
of the fee collected shall be deposited in the Deer Creek Schools
Foundation License Plate Revolving F und created in Section 1104.23
of this title;
52. Lupus Awareness and Education License Plate - such plates
shall be issued to any person wishing t o provide financial support
for the Oklahoma Chapter of the Lupus Foundation of Oklahoma
America. The license plates shall be designed in consultation with
the Oklahoma Chapter of the Lupus Foundation of Oklahoma America.
ENR. S. B. NO. 623 Page 150
As provided in this section, an amount of the fee collected sha ll be
deposited in the Oklahoma Lupus License Plate Revolving Fund created
in Section 1104.24 of this title . Subject to the provisions of
subsection A of this section, the Lupus Awareness and Education
License Plate is hereby reauthorized effective Novemb er 1, 2018;
53. Chiefs of Police License Plate - such plates shall be
issued to any person wishing to prov ide financial support for the
Oklahoma Association of Chiefs of Police for a vehicle or motorcycle
in any combination of numbers and letters from one to a maximum of
seven, as for personalized license plates. The license plates shall
be designed in consul tation with the Oklahoma Associ ation of Chiefs
of Police. The license plate for a motorcycle may be of similar
design as space permits or a new desi gn in order to meet the space
requirements of a motorcycle license plate. Service Oklahoma shall
be authorized to enter into a licensing agreement with the Oklahoma
Association of Chiefs of Police for any licensing fees which may be
required in order to u se the association’s logo or design. The
licensing agreement shall provide for a payment to the Oklahoma
Association of Chiefs of Police of not more than Twenty Dollars
($20.00) for each license plate issued. Subject to the provisions
of subsection A of this section, the Chiefs of Police License Plate
is hereby reauthorized effective November 1, 2015;
54. Crossings Christian School Licens e Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for Crossings Christia n School located in Oklahoma City.
The license plates shall be designed in consultation with the
administration of Crossings Christian Sc hool. Service Oklahoma
shall be authorized to enter into a licensing agreement with
Crossings Christian School for an y licensing fees which may be
required in order to use the school ’s logo or design. The licensing
agreement shall provide for a payment t o the Crossings Christian
School of not more than Twenty Dollars ($20.00) for each license
plate issued;
55. Hilldale Education Foundation License Plate – such plates
shall be designed and issued to any person wishing to dem onstrate
support for the Hillda le Education Foundation. The license plates
shall be designed in consultation with the administration of the
Hilldale Education Foundation. Service Oklahoma shall be authorized
to enter into a licensing agreement with the H illdale Education
ENR. S. B. NO. 623 Page 151
Foundation for any licensing fees which may be required in order to
use the foundation’s logo or design. The licensing agreement s hall
provide for a payment to the Hilldale Education Foundation of not
more than Twenty Dollars ($20.00) fo r each license plate issued;
56. Oklahoma Nurses License Plate – such plates shall be issued
to any person licensed pursuant to the Oklahoma Nursing Practice Act
and providing such documentation of current licensure as may be
required by Service Oklahoma. The license plates shall be d esigned
in consultation with the Oklahoma Nurses Association. As provided
in this section, an amount of the fee colle cted shall be deposited
in the Oklahoma Nurses License Plate Revolving Fund created in
Section 1104.26 of t his title;
57. Oklahoma Sports Hall of Fame License Plate – such plates
shall be issued to any person wishing to demonstrate support for the
Oklahoma Sports Hall of Fame. The license plates shall be designed
in consultation with the administration of the Oklahoma Sports Hall
of Fame. Service Oklahoma shall be authorized to enter into a
licensing agreement with the Oklahoma Sports Hall of Fame for an y
licensing fees which may be required in order to use the Hall of
Fame’s logo or design. The licensing ag reement shall provide for a
payment to the Oklahoma Sports Hall of Fame of not more than Twenty
Dollars ($20.00) for each license plate issued;
58. Childhood Cancer Awareness License Plate – such plates
shall be issued to any person wishing to demonstrate support for the
Oklahoma Children’s Cancer Association. The license plates shall be
designed in consultation with the administration of the Oklahom a
Children’s Cancer Association. Service Oklahoma shall be authorized
to enter into a licensing agreement with the Oklahoma Children ’s
Cancer Association for any licensing fees which may be required in
order to use the Oklahoma Children ’s Cancer Association’s logo or
design. The licensing agreement shall provide for a payment to the
Oklahoma Children’s Cancer Association of not more than T wenty
Dollars ($20.00) for each license plate issued;
59. Oklahoma Educational Television Authority License Plate –
such plates shall be designed and issued to any person wishing to
demonstrate support for the Oklahoma Educa tional Television
Authority and such plates shall be designed in consultation with the
Authority. As provided in this section, an amount of the fee
ENR. S. B. NO. 623 Page 152
collected shall be deposited in The Educational Television Authority
Revolving Fund created in Section 156 of Title 62 of the Oklahoma
Statutes;
60. Remembering Fallen Heroes License Plate – such plates shall
be designed and issued to any person wishing t o demonstrate support
for Concerns of Police Survivors, Inc. Such plates shall be
designed in consultation with the Oklahoma chapter Chapter of
Concerns of Police Survivors, Inc. As provided in this section, an
amount of the fee collected shall be deposite d in the Oklahoma
Concerns of Police Survivors License Plate Revolving Fund created in
Section 1104.27 of this title;
61. Disabled American Veterans License Plate – such plates
shall be designed in consultation with the Disabled American
Veterans Department of Oklahoma and issued to any member of the
organization wishing to demonstrate support. Service Okla homa shall
be authorized to ent er into a licensing agreement with the Disabled
American Veterans Department of Oklahoma for any licensing fees
which may be required in order to use the organization’s logo or
design. The licensing agreement shall provide f or a payment to the
Disabled American Veterans Department of Oklahoma of not more than
Twenty Dollars ($20.00) for each license plate issued. The plat es
shall incorporate a numbering system agreed upon by the Disabled
American Veterans Department of Oklahoma and Service Oklahoma;
62. Owasso Rams Supporter License Plate - such plates shall be
designed and issued to any person wishing to demonstrate supp ort for
the Owasso Rams, and shall be designed in consultation with
representatives of Owasso Public Schools. The plates shall be
issued to any person in any combination of numbers and letters from
one to a maximum of seven, as for personalized license pl ates. As
provided in this section, an amount of the fee collected shall be
deposited in the Education Re form Revolving Fund created in Section
34.89 of Title 62 of the Oklahoma Statutes;
63. Collinsville Cardinals Supporter License Plate - such
plates shall be designed and issued to any person wishing to
demonstrate support for the Collinsville Cardinals, a nd shall be
designed in consultation with representatives of Collinsville Public
Schools. The plates shall be issued to any person in any
combination of numbers and letters from one to a maximum of seven ,
ENR. S. B. NO. 623 Page 153
as for personalized license plates. As provided i n this section, an
amount of the fee collected shall be deposited in the Education
Reform Revolving Fund created in Section 34.89 of Title 62 of the
Oklahoma Statutes;
64. Sperry Pirates Supporter Licens e Plate - such plates shall
be designed and issued t o any person wishing to demonst rate support
for the Sperry Pirates, and shall be designed in consultation with
representatives of Sperry Schools. The plates shall be issued to
any person in any combinati on of numbers and letters from one to a
maximum of seven, as for personalized licen se plates. As provided
in this section, an amount of the fee collected shall be deposited
in the Education Reform Revol ving Fund created in Section 34.89 of
Title 62 of the Oklahoma Statutes;
65. Skiatook Bulldogs Supporter License Plate - such plates
shall be designed and issued to any person wishing to demonstrate
support for the Skiatook Bulldogs, and shall be designed in
consultation with representatives of Skiatook Public Schools. The
plates shall be issued to any pers on in any combination of number s
and letters from one to a maximum of seven, as for personalized
license plates. As provided in this section, an amoun t of the fee
collected shall be deposited in the Education R eform Revolving Fund
created in Section 34.89 of Title 62 of the Oklahoma St atutes;
66. Rejoice Christian Eagles Supporter License Plate - such
plates shall be designed and issued to any person w ishing to
demonstrate support for the Rejoice Christian Eagl es, and shall be
designed in consultation wit h representatives of Rejoice Ch ristian
Schools. The plates shall be issued to any person in any
combination of numbers and letters from one to a maxim um of seven,
as for personalized license plates. As provide d in this section, an
amount of the fee colle cted shall be deposited in the Education
Reform Revolving Fund created in Section 34.89 of Title 62 of the
Oklahoma Statutes;
67. East Central Cardina ls Supporter License Plate - such
plates shall be designed a nd issued to any person wishing to
demonstrate support for the East Central Cardinals, and shall be
designed in consultation with representatives of East Central
Schools High School. The plates shall be issued to any person in
any combination of numbers and letters f rom one to a maximum of
ENR. S. B. NO. 623 Page 154
seven, as for personalized license plate s. As provided in this
section, an amount of the fee collected shall be deposited in the
Education Reform Revolving Fun d created in Section 34.89 of Title 62
of the Oklahoma Statutes;
68. Southeast Spartans Supporter Licens e Plate - such plates
shall be designed and issued to any person wishing to demonstrate
support for the Southeast Spartans, and shall be designed in
consultation with the Southeast High School Alumni Association. The
plates shall be issued to any person i n any combination of numbers
and letters from one to a maximum of seven, as for personalized
license plates. As provided in this section, an amount of the fee
collected shall be deposited in the Education Reform Revolving Fund
created in Section 34.89 of Title 62 of the Oklahoma Statut es;
69. Sooner State ABATE License Plate - such plates shall be
issued to any person wishing to provide financial suppo rt for Sooner
State ABATE (A Brotherhood Against Totalitarian Ena ctments). The
license plates shall be designed in consultation with Sooner State
ABATE. The plates shall be issued to any person in any combination
of numbers and letters from one to a maxi mum of seven, as for
personalized plates. The license plate for a motorcycle may be of
similar design as space permits or a new design in order to meet the
space requirements of a motorcycle license plate. Service O klahoma
shall be authorized to enter in to a licensing agreement with Sooner
State ABATE for any licensing fees, which may be r equired in order
to use the association’s logo or design. The licensing agreement
shall provide for a payment to Sooner State ABA TE of not more than
Twenty Dollars ($20.00) for each license plate issued. Subject to
the provisions of subsection A of this section, the Sooner State
ABATE License Plate is hereby reauthorized effective November 1,
2019;
70. Oklahoma License to Educate License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for Oklahoma educators. Such plates shall be designed in
consultation with the State Department of Education. As provided in
this section, an amount of the fee collected shall be deposited in
the Oklahoma Teacher Recruitment Revolving Fund created in Section
6-132 of Title 70 of the Oklahoma Statutes;
ENR. S. B. NO. 623 Page 155
71. Piedmont Education Foundation License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for the Piedmont Public Schools Education Foundation. Such
plates shall be designed in consul tation with the Foundation. As
provided in this section, an amount of the fee collected shall be
deposited in the Piedmont Public Schools Education Foundation
License Plate Revolving Fund created in Section 1104.28 of this
title;
72. The Pride of Oklahom a License Plate - such plates shall be
designed and issued to any person wishing to demonstrate support for
the University of Oklahoma Marching Band Pride of Oklahoma marching
band and shall be designed in consultation with the University of
Oklahoma Marching Band Pride of Oklahoma marching band. Service
Oklahoma shall be authorized to enter into a l icensing agreement
with the University of Oklahoma or the University of Oklahoma
Marching Band Pride of Oklahoma marching band for any licensing fees
which may be required in or der to use the applicable logo or design.
The licensing agreement shall provi de for a payment to the Pride of
Oklahoma Fund at the University of Oklah oma Foundation, Inc. of not
more than Twenty Dollars ($20 .00) for each license plate issued;
73. Jenks Trojans License Plate - such plates shall be designed
and issued to any person wishing to demonstrate support fo r the
Jenks School District school district. The license plates shall be
designed in consultation with the admin istration of the Jenks School
District school district. Service Oklahoma shall be authorized to
enter into a licensing agreement with the Jen ks School District
school district for any licensing fees which may be required in
order to use the school district ’s logo or design. The licensi ng
agreement shall provide for a payment to the Jenks School District
of school district not more than Twenty Dollars ($20.00) for each
license plate issued;
74. Bixby Spartans License Plate - such plates shall be
designed and issued to any person wishing to demonstrate support for
the Bixby School District school district. The license plates shall
be designed in consultation with the administration of the Bixby
School District school district. Service Oklahoma shall be
authorized to enter into a licensi ng agreement with the Bixby School
District school district for any licensing fees which may be
required in order to use the school district ’s logo or design. The
ENR. S. B. NO. 623 Page 156
licensing agreement shall provide for a payment to the Bixb y School
District of school district not more than Twenty Dollar s ($20.00)
for each license plate issued;
75. Oklahoma Aeronautics Commission License Plate - such plates
shall be designed and issued to any person wishing to demonstrate
support for the Oklahoma aviation i ndustry and to promote awareness
of aviation and aerospace. Such plates shall be designed in
consultation with the Oklahoma Aeronautics Commission and shall be
issued to any person in any combination of numbers and letters from
one to a maximum of seven, as for personalized license plates.
Twenty-four Dollars ($24.00) of the fee collected shall be d eposited
in the Oklahoma Aeronautics Commission Revolving Fund, for
expenditure as provided in Section 91 of Title 3 of the Ok lahoma
Statutes;
76. Ducks Unlimited License Plate – such plates shall be
designed and issued to any person wishing to demonstrat e support for
Ducks Unlimited. Such plates shall be designed in consul tation with
Ducks Unlimited. Service Oklahoma shall be authorized to enter into
a licensing agreement with Ducks Unlimited for any lice nsing fee
which may be required in order to use t he Ducks Unlimited logo or
design. The licensing agreement shall provi de for a payment to
Ducks Unlimited of not more than Tw enty Dollars ($20.00) for each
license plate issued;
77. Prisoner of War and Mis sing in Action License Plate - such
plates shall be issued to any person wishing to increase awareness
of those who are currently prisoners of war or missing in action and
provide financial support for curren t veterans. The license plates
shall be designed in consultation with Rolling Thunder Oklahoma. As
provided in this section, an amount of the fee collected shall be
deposited in the Prisoner of War and Missing in Action L icense Plate
Revolving Fund creat ed in Section 1104.29 of this title;
78. Woodward Boomers License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
the Woodward School District school district. The license plates
shall be designed in consultation with th e administration of the
Woodward School District school district. Service Oklahoma shall be
authorized to enter into a licensing agreement with the Woo dward
School District school district for any licensing fees which may be
ENR. S. B. NO. 623 Page 157
required in order to use the school district’s logo or design. The
licensing agreement shall provide for a payment to the Woodward
School District of school district not more than Twenty Dollars
($20.00) for each license plate issued;
79. Clinton Public School Foundation License Plate – such
plates shall be designed and issued to any person wishing to
demonstrate support for the Clinton Public School Foundation. The
license plates shall be designed in consultation with the Clinton
Public School Foundation. Service Oklahoma shall be a uthorized to
enter into a licensing agreement with the Clinton Public School
Foundation for any licensing fees which may be required in order to
use the school foundation’s logo or design. The licensing agreement
shall provide for a payment to the Clinton Public School Foundation
of not more than Twenty Dollars ($20.00) for each license plate
issued;
80. Navajo School Foundation License Plate – such plates shall
be issued to any person wishing to demonstrate support for the
Navajo School Foundation. The license plates shall be designed in
consultation with the administration of the Navajo School
Foundation. Service Oklahoma shall be authorized to enter into a
licensing agreement with the Navajo School Foundation for any
licensing fees which may be requir ed in order to use the
Foundation’s logo or design. The licensing agreement shall provide
for a payment to the Navajo School Foundation of not more than
Twenty Dollars ($20.00) for each license plate issued;
81. Oklahoma Music Hall of Fame Inc. License P late – such
plates shall be designed in consultation with the Oklahoma Music
Hall of Fame Inc. and issued to any member of the organization
wishing to demonstrate support. Service Oklahoma shall be
authorized to enter into a licensing agreement with the O klahoma
Music Hall of Fame Inc. for any licensing fees which may be required
in order to use the organization ’s logo or design. The licensing
agreement shall provide for a payment to the Oklahoma Music Hall of
Fame Inc. of not more than Twenty Dollars ($2 0.00) for each license
plate issued. The plates shall incorporate a numbering system
agreed upon by the Oklahoma Music Hall of Fame Inc. and Se rvice
Oklahoma. Subject to the provisions of subsection A of this
section, the Oklahoma Music Hall of Fame Inc. License Plate is
hereby reauthorized effective November 1, 2019;
ENR. S. B. NO. 623 Page 158
82. Techlahoma Foundation License Plate – such plates shall be
issued to any person wishing to provide financial support for the
Techlahoma Foundation. The license plate shall be designed in
consultation with the Techlahoma Foundation. The plate shall be
issued to any person in any combination of numbers and letters from
one to a maximum of seven, as for personalized license plates.
Service Oklahoma shall be authorized to enter into a lic ensing
agreement with the Techlahoma Foundation for any licensing fees,
which may be required in order to use the association ’s logo or
design. The licensing agreement shall provide for a payment to the
Techlahoma Foundation of not more than Twenty Dollar s ($20.00) for
each license plate issued;
83. Bethany Public Schools Foundation License Plate – such
plates shall be issued to any person wishi ng to demonstrate support
for the Bethany Public Schools Foundation. The license plates shall
be designed in consultation with the administration of the Bethany
Public Schools Foundation. Service Oklahoma shall be authorized to
enter into a licensing agr eement with the Bethany Public Schools
Foundation for any licensing fees which may be required in order to
use the Foundation’s logo or design. The licensing agreement shall
provide for a payment to the Bethany Public Schools Foundation of
not more than Twenty Dollars ($20.00) for each license plate issued;
84. Cystic Fibrosis Foundation License Plate – such plates
shall be issued to any person wishing to demonstrate support for the
Cystic Fibrosis Foundation. The license plates shall be designed in
consultation with the administration of the Cystic Fibrosis
Foundation. Service Oklahoma shall be authorized to ent er into a
licensing agreement with the Cystic Fibrosis Foundation for any
licensing fees which may be required in order to use the
Foundation’s logo or design. The licensing agreement shall provide
for a payment to the Cystic Fibrosis Foundation of not mo re than
Twenty Dollars ($20.00) for each license plate issued;
85. Down Syndrome Association of Central Oklahoma License Plate
- such plates shall be designed and issued to any person wishing to
demonstrate support for the Down Syndrome Association of Cen tral
Oklahoma. Such plates shall be designed in consultation with the
Association. As provided in this section, an amount of the fee
collected shall be deposited in the Down Syndrome Association of
ENR. S. B. NO. 623 Page 159
Central Oklahoma License Plate Revolving Fund created in Section
1104.30 of this title;
86. Elk City Education Foundation License Plate – such plates
shall be designed and issued to any person wishin g to demonstrate
support for the Elk City Education Foundation. Such plates shall be
designed in consultation w ith the Foundation. As provided in this
section, an amount of the fee collected shall be deposited in the
Elk City Education Foundation License Plate Revolving Fund created
in Section 1104.31 of this title;
87. A Brotherhood Aiming Toward Education of Ok lahoma (ABATE)
License Plate – such plates shall be designed and issued to any
person wishing to provide financial support for ABATE of Oklahoma .
Such plates shall be designed in consultation with ABATE of
Oklahoma. The plates shall be issued to any pers on in any
combination of numbers and letters from one to a maximum of seven,
as for personalized plates. The license plate for a motorcycle may
be of similar design as space permits or a new design in order to
meet the space requirements of a motorcycle l icense plate. Service
Oklahoma shall be authorized to enter into a licensing agreement
with ABATE of Oklahoma for any licensing fees which may be required
in order to use the ABATE of Oklahoma logo or design. The licensing
agreement shall provide for a p ayment to ABATE of Oklahoma of not
more than Twenty Dollars ($20.00) for each license plate issued;
88. Downed Bikers Association License Plate - such plates shall
be designed for a vehicle or motorcycle in any combination of
numbers and letters from one to a maximum of seven, as for
personalized license plates, and issued to any person wishing to
demonstrate support for the Downed Bikers Associa tion, a nonprofit
charitable organization exempt from taxation pursuant to the
provisions of the Internal Revenu e Code, 26 U.S.C., Section
501(c)(3), which provides emotional and financial support for downed
bikers. The license plate shall be designed in consultation with
the Central Oklahoma Chapter of the Downed Bikers Association and
shall contain any official l ogo or design of the organization. The
license plate for a motorcycle may be of similar design as space
permits or a new design in order to mee t the space requirements of a
motorcycle license plate. Service Oklahoma, if necessary, may enter
into a licensing agreement with the Downed Bikers Association for
any licensing fees which may be required in order to use the
ENR. S. B. NO. 623 Page 160
organization’s logo or design. The licensing agreement shall
provide for a payment to the Downed Bikers Association of not more
than Twenty Dollars ($20.00) for each license plate;
89. Eagle Scout License Plate – such plates shall be designed
to demonstrate support for Eagle Scouts of the Boy Scouts of America
and shall include the Eagle Scout logo. Plates may be issued to any
person who can show proof of having obt ained the rank of Eagle
Scout. Service Oklahoma sha ll be authorized to enter into a
licensing agreement with the various Oklah oma local councils for any
licensing fees which may be required in order to use the applicable
logo or design. The licensing agr eement shall provide for a payment
of not more than Twenty Dollars ($20.00) for each license plate
issued to the specific Oklah oma local area Council council
designated by the applicant;
90. Extraordinary Educators License Plate – such plates shall
be designed and issued to any person wishing to provide financial
support for common education in Oklahoma this state. Such plates
shall be designed in consultation with the State Department of
Education. The plates shall be issued to a ny person in any
combination of numbers and letters from one to a maximum of seven,
as for personalized license plates. As provided in this section, a n
amount of the fee collected shall be deposited in the Extraordinary
Educators License Plate Revolving F und created in Section 1104.32 of
this title;
91. Former Oklahoma Legislator License Plate - such plates
shall be designed and issued to any person wh o previously served as
a member of the Oklahoma House of Representatives or Oklahoma State
Senate. The license plates shall be designed in consultation with
the Oklahoma Historical Society. As provi ded in this section, an
amount of the fee collected shal l be deposited in the Oklahoma
Historical Society Capital Improvement and Operations Revolving Fund
created in Section 1.10a of Title 53 of the Oklahoma Statutes.
Service Oklahoma shall create and maintain a list of former members
of the Oklahoma House of Representatives and Oklahoma State Senate
eligible to be issued such plates; provided, that no former me mber
of the Oklahoma House of Representatives and Oklahoma State Senate
shall be eligible to po ssess more than two of such plates at any one
time. Service Oklahoma shall confer as needed with the Chief Clerk
of the Oklahoma House of Representatives and th e Secretary of the
ENR. S. B. NO. 623 Page 161
Oklahoma State Senate to confirm that such list is complete and
accurate;
92. Monarch Butterfly License Plate - such plates shall be
designed and issued to any person wishing to demonstrate support for
the operations of the The Nature Conservancy of Oklahom a. Such
plates shall be designed in consulta tion with the Oklahoma Chapter
of the The Nature Conservancy. Service Oklahoma shall be authorized
to enter into a licensing agreement with the The Nature Conservancy
of Oklahoma for any li censing fees which ma y be required in order to
use the foundation’s logo or design. The plates shall be is sued to
any person in any combination of num bers and letters from one to a
maximum of seven, as for personalized license plates. The licensing
agreement shall provide fo r a payment to the The Nature Conservancy
of Oklahoma of not more than Twenty Dollars ($20 .00) for each
license plate issued;
93. Oklahoma Tennis Foundation License Plate – such plates
shall be designed and issued to any person wishin g to demonstrate
support for the Oklahoma Tennis Foundation. The license plat es
shall be designed in consultat ion with the Oklahoma Tennis
Foundation. Service Oklahoma shall be authorized to enter into a
licensing agreement with the Oklahoma Tennis Found ation for any
licensing fees which may be required in order to use the
foundation’s logo or design. The licens ing agreement shall provide
for a payment to the Oklahoma Tennis Foundation of not more than
Twenty Dollars ($20.00) for each license plate issue d;
94. Oklahoma Veterans of Foreign Wars License Plate - such
plates shall be designed to honor the Oklahoma V eterans of Foreign
Wars Chapters and shall be issued to any resident of this state upon
proof of membership in the Oklahoma Veterans of Foreign W ars
organization. The license plates shall be designed in consultation
with the Oklahoma Veterans of Foreign Wars organ ization. Service
Oklahoma shall be authorized to enter into a licensing agreement
with the Oklahoma Veterans of Foreign Wars organizati on for any
licensing fees which may be required in order to use the
organization’s logo or design. The licensing agreem ent shall
provide for a payment to the Oklahoma Veterans of Foreign Wars
organization of not more than Twenty Dollars ($20.00) for each
license plate issued. Service Oklahoma shall reinstate any Veterans
of Foreign Wars license plates issued prior to Nove mber 1, 2021, and
ENR. S. B. NO. 623 Page 162
shall reimburse any individual who held a Veterans of Foreign Wars
License Plate on October 31, 2021, for fees incurre d for the
replacement of such plate;
95. Oklahoma Women Veterans Organization License Plate – such
plates shall be desi gned and issued to any female v eteran of any
branch of the United States Armed Forces wishin g to demonstrate
support for the Oklahoma Wo men Veterans Organization. The license
plates shall be designed in consultation with t he Oklahoma Women
Veterans Organization. Service Oklahoma shall be authorized to
enter into a licensing agreement with the O klahoma Women Veterans
Organization for any licensing fees which may be required in order
to use the organization ’s logo or design. The licensing agreement
shall provide for a payment to the Okl ahoma Women Veterans
Organization of not more than Twenty Dol lars ($20.00) for each
license plate issued;
96. FIRST (For Inspiration and Recognition of Science and
Technology) in Oklahoma License Plate - such plates shall be issued
to any person wishing to demonstrate support for FIRST in Oklahoma
Robotics Programs programs. The license plates sh all be designed in
consultation with the administration of FIRST in Oklahoma. Service
Oklahoma shall be authorized to enter into a licensing a greement
with FIRST in Oklahoma for any licensing fees which may be required
in order to use the FIRST in Oklahoma logo or design. The licensing
agreement shall provide for a payment to FIRST of in Oklahoma not
more than Twenty Dollars ($20.00) for each license plate issued ;
97. Pittsburg State University License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for the Pittsburg State University. The license plates
shall be designed in consultation with Pittsburg State Universit y.
Service Oklahoma shall be authorized to enter into a licensing
agreement with Pittsburg State Univers ity for any licensing fees
which may be required in order to use the school foundation ’s logo
or design. The licensing agreement shall provide for a p ayment to
the Pittsburg State University of not more than Twenty Dollars
($20.00) for each license plate issued;
98. Historic Greenwood Historical District License Plate – such
plates shall be issued to persons wishing to demonstrate support for
the Historic Greenwood District Tulsa Juneteenth Festival held in
ENR. S. B. NO. 623 Page 163
the Historic Greenwood Historical District in Tulsa, Oklahoma. The
plates shall be issued to any person in any c ombination of numbers
and letters from one to a maximum of seven, as for personalized
license plates. The license plates shall be designed in
consultation with the Black Wall Street Chamber of Commerce.
Service Oklahoma shall be authorized to enter into a licensing
agreement with the Historic Greenwood District Tulsa Juneteenth
Festival for any licensing fees which may be required in order to
use the Festival’s logo or design. For each lice nse plate issued,
the licensing agreement shall provide for a payment o f Twenty-five
Dollars ($25.00) of the fee collected to the Historic Greenwood
District Tulsa Juneteenth Festival and an additional Two Do llars
($2.00) of the fee collecte d shall be deposited in the Public School
Classroom Support Revolving Fund, for expenditure as provided in
Section 1-123 of Title 70 of the Oklahoma Statutes;
99. Oklahoma Veterans of Foreign Wars Auxiliary Chapters
License Plate - such plates shall be designed to honor the Oklahoma
Veterans of Foreign Wars Auxiliary Chapters and issued to any
resident of this state upon proof of membership in the Oklahoma
Veterans of Foreign Wars Auxiliary organization in this state. The
license plates shall be designed in consultation with the Oklahoma
Veterans of Foreign Wars Auxiliary organization. Service Oklahoma
shall be authorized to enter into a licensing agreement with the
Oklahoma Veterans of Foreign Wars Auxiliary organization for any
licensing fees which may be required in order to use the
organization’s logo or design. The licensing agreement shall
provide for a payment to the Oklahoma Veterans of Foreign Wars
Auxiliary organization of not more than Twenty Dollars ($20.00) for
each license plate issued;
100. Transportation to Transportation License Plate – such
plates shall be designed and issued to persons wishing to support
county roads and bridges. The license plate s shall be designed in
consultation with the Association of County Commissi oners of
Oklahoma. Twenty Dol lars ($20.00) of the fee collected shall be
paid to the county treasurer for the county in whic h the license
plate was purchased to be credited to the County Highway Fund county
highway fund created pursuant to Section 1503 of Title 69 of the
Oklahoma Statutes;
ENR. S. B. NO. 623 Page 164
101. Blue Star Mothers License Plate – such plates shall be
designed and issued to any person showing proof of membership in an
Oklahoma Chapter of Blue Star Mothers of America, Inc. The license
plates shall be designed in consultation wi th Blue Star Mothers of
America, Inc., Oklahoma Chapter One. Service Oklahoma shall be
authorized to enter into a licensing agreement with Blue Star
Mothers of America, Inc., Oklahoma Chapter One for any licensing
fees which may be required in order to us e the Blue Star Mothers of
America logo or design. The licensing agreement shall provide for a
payment to Blue Star Mothers of America, Inc., Oklahoma Chapter O ne
of not more than Twenty Dollars ($20.00) for each license plate
issued;
102. Stillwater Pub lic Schools License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for the Stillwater School District school district. The
license plates shall be designed in consultation with the
administration of the Stillwater School District school district.
Service Oklahoma shall be authorized to enter into a licensing
agreement with the Stillwater School District school district for
any licensing fees which may be required in order to use the school
district’s logo or design. T he licensing agreement shall provide
for a payment to the Stillwater School District of school district
not more than Twenty Dollars ($20.00) for each license plate issued;
103. Oklahoma Golf License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
the sport of golf in Oklahoma. The license plates shall be designed
in consultation with the South Central Section of the Professional
Golfers’ Association of America and issued to any person wishing to
demonstrate support for the sport of golf in Oklahoma. Service
Oklahoma shall be authorized to enter into a licensing agreement
with the South Central Section of the Professional Golfers’
Association of America for any licensing fees which may be required
in order to use the organization’s logo or design. The licensing
agreement shall provide for a payment to the South Central Section
of the Professional Golfer s’ Association of America of not more than
Twenty Dollars ($20.00) for each license plate issued;
104. Paramedic License Plate - such plates shall be designed
and issued to any person who is a paramedic. Such persons may apply
for a paramedic license pla te for each vehicle with a rated carrying
ENR. S. B. NO. 623 Page 165
capacity of one (1) ton or less upon proof of a paramedic licen se.
The license plates shall be designed in consultation with the
Oklahoma State Unive rsity-Oklahoma City Paramedicine Program program
and the Oklahoma Emergency Medical Technicians Association. Service
Oklahoma shall be authorized to enter into a licens ing agreement
with the Oklahoma Emergency Medical Technicians Association for any
licensing fees which may be required in order to use the
Association’s logo or design. The licensing agreement shall provide
for deposit to the Emergency Medical Personnel D eath Benefit
Revolving Fund created in Section 1-2505.2 of Title 63 of the
Oklahoma Statutes of not more than Twenty Dollars ($20.00) for each
license plate issued;
105. National Defense Service Medal License Plate – such plates
shall be designed and issu ed to those persons who have received the
National Defense Service Medal and wish to demonstrat e support for
the Oklahoma Department of Veterans Affair s. The license plates
shall be designed in consultation with the Oklahoma Department of
Veterans Affairs. Service Oklahoma shall be authorized to enter
into a licensing agreement with the Oklahoma D epartment of Veterans
Affairs for any licensing fees whi ch may be required in order to use
the Department’s logo or design. The licensing agreement shall
provide for a payment to the Oklahoma Department of Veterans Affairs
of not more than Twenty Dollars ($20.00) for each license plate
issued;
106. University of Oklahoma RUF/NEKS License Plate – such
plates shall be designed and issued to any past or present mem ber of
the University of Oklahoma RUF/NEKS upon providing proof of
membership in the organizati on as may be required by Service
Oklahoma. The license plates shall be designed in consultation with
the University of Oklahoma RUF/NEKS. Service Oklahoma shal l be
authorized to enter into a licensing agreement with the University
of Oklahoma RUF/NEKS fo r any licensing fees which may be required in
order to use the organization’s logo or design. The licensing
agreement shall provide for a payment to the University of Oklahoma
RUF/NEKS Scholarship Fund Mike James RUF/NEKS Memorial Sch olarship
of not more than Twe nty Dollars ($20.00) for each lic ense plate
issued;
107. Tulsa Community College License Plate – such plates shall
be issued to persons wishing to suppo rt Tulsa Community College.
ENR. S. B. NO. 623 Page 166
The plates shall be designed in consultation with Tulsa Community
College. Service Oklahoma shall be autho rized to enter into a
licensing agreement with Tulsa Community College for any licensing
fees which may be required in o rder to use the organization’s logo
or design. The licensing agreement shall provide for a payment to
Tulsa Community College of not mo re than Twenty Dollars ($20.00) for
each license plate issued;
108. Guthrie Street Kings Car Club License Plate – such plates
shall be designed and issued to any person wishing to demonstrate
support for the Guthrie Street Kings Car Club in Guthrie. The
license plates shall be designed in consultation with the Guthrie
Street Kings Car Club. Service Oklahoma shall be auth orized to
enter into a licensing agreement with the Guthrie Street Kings Car
Club for any licensing fees which may be required in order to use
the organization’s logo or design. The licensing agreement shall
provide for a payment to the Guthrie Street Kings of Car Club not
more than Twenty Dollars ($20.00) for each license plate issued;
109. Epilepsy Foundation License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
the Epilepsy Foundation. The license pl ates shall be designed in
consultation with the Epilepsy Foundation of Oklahoma. Service
Oklahoma shall be authorized to enter into licensing agreemen ts with
the Epilepsy Foundation for any licensing fees which may be required
in order to use the organiza tion’s logo or design. The licensing
agreement shall provide for a payment to the Epilepsy Foundation of
not more than Twenty Dollars ($20.00) for eac h license plate issued;
and
110. America First License Plate – such plates shall be
designed and issued to any person wishing to demonstrate support for
the proclamation of “America First”. The license plates shall be
designed in consultation with Warrio rs for Freedom and the Honoring
America’s Warriors Foundations. Service Oklahoma shall be
authorized to enter into licensing agreements with the Warriors for
Freedom and Honoring America ’s Warriors Foundations for any
licensing fees which may be required in order to use the
Foundations’ logos or designs. The licensing agreements shall
provide for a payment to the Honoring America’s Warriors Foundation
of not more than Ten Dollars ($10.00) and a payment to the Warriors
ENR. S. B. NO. 623 Page 167
for Freedom Foundation of not more th an Ten Dollars ($10.00) for
each license plate issued.
C. The fee for such plates shall be Thirty -five Dollars
($35.00) per year of renewal and shall be in addition to all other
registration fees provided by the Oklahoma Vehicle License and
Registration Act. The fee shall be apportioned as follows:
1. Twenty Dollars ($20.00) per year of renewal or any othe r
amount as provided in this title of the fee shall be apportioned as
provided or deposited in a fund as specified within the paragraph
authorizing the special license plate;
2. Eight Dollars ($8.00) per year of renewal of the fee shall
be deposited in the Oklahoma Tax Commission Reimbursement Fund to be
used for the administration of the Oklahoma Vehicle License and
Registration Act. Beginning January 1, 2023, Eight Dollars ($8.00)
per year of renewal of the fee shall be deposited in the Service
Oklahoma Reimbursement Fund to be used for the administration of the
Oklahoma Vehicle License and Registration Act; and
3. Any remaining amounts of the fee sh all be apportioned as
provided in Section 1104 of this title.
SECTION 33. AMENDATORY 47 O.S. 2021, Section 1140, as
amended by Section 174, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1140), is amended to read as follows:
Section 1140. A. The Service Oklahoma Operator Board shall
adopt rules prescribing minimum qualific ations and requirements for
locating Service Oklahoma locations and for p ersons applying for a
license to operate a designated Service Oklahoma location. Such
qualifications and requirements shall include, but not be limited
to, the following:
1. Necessary job skills and experience;
2. Minimum office hours;
3. Provision for sufficient staffing, equipment, office space
and parking to provide maximum effi ciency and maximum convenience to
the public;
ENR. S. B. NO. 623 Page 168
4. Obtainment of a faithful performance surety bond as provided
for by law;
5. That the applicant has not been convicted of a fe lony and
that no felony charges are pending against the applicant;
6. That the location specified in the individual’s application
for a license to operate a designated Service Oklahoma location not
be owned by a member of Service Oklahoma or an employee o f Service
Oklahoma or any person related to a member of Service Oklahoma or an
employee of Service Oklahoma within the third degree by
consanguinity, marriage, or adoption and that the location not be
within a three-mile radius of an existing licensed oper ator unless
the applicant is assuming the location of an operating licensed
operator;
7. That a single website, designated by Service Oklahoma, will
be used for the distribut ion of services provided by Service
Oklahoma with motor vehicle services to be fu lfilled by licensed
operators;
8. That licensed operators will attend all requi red training
provided by Service Oklahoma; and
9. That there should be at least one Service Oklahoma location
in each county.
B. 1. Any person making application to the Serv ice Oklahoma
Operator Board for the purpose of obtaining a license to operate a
designated Service Oklahoma location shall pay, when submitting the
application, a nonrefund able application fee of One Hundred Dollars
($100.00). All such application fees sh all be deposited in the
Oklahoma Tax Commission Revolving Fund. Beginning Janua ry 1, 2023,
all such application fees shall be deposited in the Service Oklahoma
Revolving Fund.
2. Any person making application to th e Service Oklahoma
Operator Board for th e purpose of obtaining a license to operate a
designated Service Oklahoma locati on must meet standardization and
branding requirements established by the Service Oklahoma Operator
Board, upon recommendations from Ser vice Oklahoma. Upon approval,
ENR. S. B. NO. 623 Page 169
the person must either pay a fee to Service Oklahoma for all costs
related to meeting the standardization and branding requirements or
obtain approval from the Service Oklahoma Ope rator Board that the
location meets all stand ardization and branding requirements. A ll
such fees shall be deposited in the Service Oklahoma Revolving Fund.
The amount of the license fee will be determined by the Service
Oklahoma Operator Board. This pro vision shall not apply to any
existing Service Oklahoma location.
3. Any person shall have been a resident of the State of
Oklahoma for a period of six (6) months p rior to submitting an
application for a license to operate a designated Service Oklahoma
location. If a licensed operator moves his or her residence to a
place outside the Sta te of Oklahoma, the licensed operator shall
provide notice to the Service Oklaho ma Operator Board and sell his
or her license within ninety (90) days of such notice.
C. Upon application by a person to serve as a lic ensed
operator, the Service Oklahoma Ope rator Board is authorized to make
a determination whether such person and such l ocation meets the
criteria and guidelines established by the Service Oklahoma Operator
Board and, if such be the case, may issue a licen se to operate a
designated Service Oklah oma location.
D. 1. A licensed operator may be permitted, upon application,
to sell or transfer an existing license to operate a designated
Service Oklahoma location. Any sale or transfer of a license is
subject to approval of the Service Oklahoma Opera tor Board. In
order to sell or transfer an existing licensed operator license, the
licensed operator shall meet the following guidelines and
requirements:
a. the licensed operator shall be in good standing with
the Service Oklahoma Operator Board,
b. the licensed operator shall have held a licensed
operator license, issued by the Ser vice Oklahoma
Operator Board, for a minimum of five (5) years, and
c. the licensed operator shall provide the Service
Oklahoma Operator Board evidence that the proposed
buyer or transferee of the licensed operator licensee
ENR. S. B. NO. 623 Page 170
meets the qualifications and requ irements set forth in
subsection A of this section, has the ability to meet
all financial requirements and terms of any current
existing contract between the licensed operator and
Service Oklahoma, and agrees to the onboarding and
training requirements of Service Oklahoma, as
established by Service Oklahoma and the Service
Oklahoma Operator Board.
2. The purchase price of a licensed opera tor license shall be
agreed upon by the licensed operator and the individual purchasing
the license to operate a designa ted Service Oklahoma location.
However, the purchaser or transferee agrees to pay a transfer fee to
Service Oklahoma in the amount of t hree percent (3%) of the last
annual gross revenue from fees retained at the Service Oklahoma
location to be purchased, not to exceed Fifteen Thousand Dollars
($15,000.00). The transfer fee shall be depo sited in the Service
Oklahoma Revolving Fund.
3. Upon receipt of the application to sell or transfer an
existing licensed operator license, the Service Oklahoma Operator
Board will determine whether the licensed operator license may be
sold or transferred on the condition that the existing location is
in good standing and the new licensee meets the requirements
outlined in Section 1140 et seq. of this title.
4. The Service Oklahoma Operator Board may, at its discretion,
buy back a licensed operator lice nse from a licensed operator who
desires to sell or tr ansfer its licensed operator license but has
held a licensed operator license issued by Service Oklahoma for less
than five (5) years. The purchase price for such a license will be
one-half (1/2) times the most recent annual gross revenue from fees
retained of that Service Oklahoma location, not to exceed Two
Hundred Thousand Dollars ($200,000.00).
5. Licensed operators issued a license to operate a designated
Service Oklahoma location on January 1, 2 023, may be permitted, upon
application, to sell or tra nsfer their existing license within the
first five (5) years. Any sale or transfer of such license is
subject to the approval of the Service Oklahoma Operator Board.
ENR. S. B. NO. 623 Page 171
a. In order to sell or transfer t he existing license
within the first five (5) years, the licensed operator
shall meet the following guidelines and requirements:
1. the licensed operator shall be in good stand ing
with the Service Oklahoma Operator Board, and
2. the licensed operator sha ll provide the Service
Oklahoma Operator Board evidence th at the
proposed buyer or transferee of the licensed
operator licensee meets the qualifications and
requirements set fort h in this section, has the
ability to meet all financial requirements and
terms of any current existing contract between
the licensed operator and Service Oklahoma, and
agrees to the onboarding and training
requirements of Service Oklahoma, as established
by Service Oklahoma and the Service Oklahoma
Operator Board.
b. The branding and physical standardization exemption
specified in this se ction shall not transfer to the
purchaser, unless:
(1) the licensed operator submitted a contingent
resignation and the purchaser submitted a
relation application to the Oklahoma Tax
Commission prior to May 19, 2022, or
2. the purchaser is related to the l icensed operator
within the third degree by consanguinity,
marriage, or adoption.
E. 1. Licensed operators shall be su bject to all laws relating
to licensed operators and shall be subject to r emoval for cause by
the Service Oklahoma Operator Board. Any action taken by Service
Oklahoma to revoke a license shall be pursuant to and in accordance
with the provisions of the A dministrative Procedures Act. For the
purposes of this section, “for cause” shall be defined as follows:
a. repeated violations of writ ten contracts, rules,
regulations and statutes pertaining to licensed
ENR. S. B. NO. 623 Page 172
operators after written warning by the Service
Oklahoma Operator Board and an opportunity to correct
such violations,
b. failure of the licensed operator to promptly remit
funds owed to Service Oklahoma upon written demand,
c. being charged with a felony crime involving dishonesty
or moral turpitude,
d. failure to timely file state and federal income tax
returns, or
e. any act of official misconduct as set forth in Section
93 of Title 51 of the Oklahoma Statutes.
In the event a license is revoked by the Service Oklahoma
Operator Board for cause, the Servic e Oklahoma location operated by
the licensed operator will be perman ently closed and the licensed
operator shall not be entitled to any compensation.
Motor license agents and licensed operators in good standing as
of November 1, 2022, shall be exempt from the branding and physical
standardization requirements to be establ ished by the Service
Oklahoma Operator Board, with the recommendation of the Director of
Service Oklahoma.
2. A license to operate a designated Service Oklahoma location
may be revoked by the Service Oklahoma Operator Board for failure to
meet the standards for customer satisfaction establish ed by the
Service Oklahoma Oper ator Board. In the event of revocation, the
licensed operator shall sell his or her license to operate a Service
Oklahoma location to Service Oklahoma at a rate of one-half (1/2)
times the most recent annual gross revenue fr om fees retained of
that Service Oklahoma location, not to exceed Two Hundred Thousand
Dollars ($200,000.00).
F. All licensed operators shall be licen sed by and under the
supervision of Service Oklahoma; provided, a ny agent authorized to
issue registrations pursuant to the Internationa l Registration Plan
shall also be under the supervision of the Corporation Commission,
subject to rules promulgated by t he Corporation Commission pursuant
ENR. S. B. NO. 623 Page 173
to the provisions of subsectio n E of Section 1166 of this title.
Service Oklahoma shall be the holde r of all licenses and has the
right to approve and revoke such licenses. After obtaining a
license, any such licensed o perator shall furnish and file with
Service Oklahoma a bond in su ch amount as may be fixed by Service
Oklahoma. Such licensed operator shall be removable at the will of
Service Oklahoma. Such licensed operator shall perform all duties
and do such things in the administration of the laws of this state
as shall be enjoined upon and required by the Service Okl ahoma
Operator Board. Provided , Service Oklahoma may operate a Service
Oklahoma location in any county where a vacancy occurs, as
determined by Servic e Oklahoma.
G. In the event of a vacancy due to the death of a licensed
operator, the licensed operator ’s designee or a licensed operat or
location employee shall immediately notify Service Oklahoma. A
licensed operator may designate an individual to cont inue to operate
the Service Oklahoma location upon the death of the licensed
operator. The designee shal l apply to obtain a license to operate
the vacant licensed operator location with the Service Oklahoma
Operator Board within thirty (30) days of the li censed operator’s
death. In the event that no designee is desig nated or that the
designee fails to apply to be a licensed operator with Service
Oklahoma within thirty (30) days, Service Oklahoma may take any and
all action it deems appropriate in order to provide for the orderly
transition and the maintenance of opera tions of the Service Oklahoma
location, as permitted by law.
H. When an application for registration is made with Service
Oklahoma, the Corporation Commission or a licensed operator, a
registration fee of One Dollar and seventy-five cents ($1.75) shall
be collected for each license plate or deca l issued. Such fees
shall be in addition to the registration fees on motor vehicles and
when an application for registration is made to the licensed
operator, such licensed operator shall retain a fee as provided in
Section 1141.1 of this title. When the fee is paid by a person
making application directly with Service Oklahoma or the Corporation
Commission, as applicable, the registration fees shall be in the
same amount as provided for licensed operators and the fee provided
by Section 1141.1 of this tit le shall be deposited in the Ok lahoma
Tax Commission Revolving Fund or as provided in Section 1167 of this
title, as applicable. Beginning January 1, 2023, the fee provided
ENR. S. B. NO. 623 Page 174
by Section 1141.1 of this title shall be deposited in the Service
Oklahoma Revolving Fund or as provided in Secti on 1167 of this
title, as applicable. Service Oklahoma shall prepare schedules of
registration fees and charges for tit les which shall include the
fees for such licensed operators an d all fees and charges paid by a
person shall be listed separately on the application and
registration and totaled on the application and registration. The
licensed operators shall charge only such fees as are specifically
provided for by law, and all such authorized fees shall be posted in
such a manner that any person shall have notice of all fees that are
imposed by law.
I. Any licensed operator shall be responsible for all costs
incurred by Service Oklahoma when relocating an existing Service
Oklahoma location. The Service Oklahoma Operator Board may waive
payment of such costs in case of unforeseen business or emergency
conditions beyond the control of the licensed operator.
J. Any existing contracts by or between any motor license agent
and the Oklahoma Tax Commission shall be assigned to Service
Oklahoma. All existing motor license agents in good standing with
the Oklahoma Tax Commission will be offered a subsequent contract
from Service Oklahoma to become a licensed operator to take effect
on January 1, 2023. The contract between existi ng motor license
agents and Service Oklahoma shall be agreed to no later than
December 31, 2022. In the event an existing motor license agent
declines to enter into the subsequent contract with Service Oklahoma
to become a licensed operator, that motor li cense agent may continue
to conduct business pursuant to the existing contract through
December 31, 2025, so long as that motor license agent remains i n
good standing with Service Oklahoma in accordance with the terms of
the existing contract.
SECTION 34. AMENDATORY 63 O.S. 2021, Section 1-229.13,
is amended to read as follows:
Section 1-229.13. A. It is unlawful for any person to sell,
give or furnish in any manner any tobacco product, nicotine product
or vapor product to another person who is under twenty -one (21)
years of age, or to purchase in any manner a tobacco product,
nicotine product or vapor product on behalf of any s uch person. It
shall not be unlawful for an employee under twenty-one (21) years of
ENR. S. B. NO. 623 Page 175
age to handle tobacc o products, nicotine products o r vapor products
when required in the performance of the employee ’s duties.
B. A person engaged in the sale or distribu tion of tobacco
products, nicotine products or vapor products shall demand proof of
age from a prospectiv e purchaser or recipient if an ordinary person
would conclude on the basis of appearance that the prospective
purchaser may be under twenty -one (21) years of age.
If an individual engaged in the sale or distribution of tobacco
products, nicotine products o r vapor products has demanded p roof of
age from a prospective purchaser or recipient who is not under
twenty-one (21) years of age, the failure to subs equently require
proof of age shall not constitute a violation of this subsection.
C. 1. When a person violates subsection A or B of t his
section, the Alcoholic Beverage Laws Enforcement (ABLE) Commission
shall impose an administrative fine of:
a. not more than One Hundred Dollars ($100.00) for the
first offense,
b. not more than Two Hundred Dollars ($200.0 0) for the
second offense withi n a two-year period following the
first offense,
c. not more than Three Hundred Dollars ($300.00) for a
third offense within a two-year period following the
first offense. In addition to any other penalty, the
store’s license to sell tobacco products or n icotine
products or the store’s sales tax permit for a store
that is predominantly engaged in the sale of vapor
products in which the sale of other products is merely
incidental may be suspended for a period not exceeding
thirty (30) days, or
d. not more than Three Hundred Dollars ($300.00) for a
fourth or subsequent offense within a two -year period
following the first offe nse. In addition to any other
penalty, the store’s license to sell tobacco products
or nicotine products or the store’s sales tax permit
for a store that is predominantly engaged in the sale
ENR. S. B. NO. 623 Page 176
of vapor products in which the sale of other products
is merely incidental may be suspended for a period not
exceeding sixty (60) days.
2. When it has been determined t hat a penalty shall include a
license or permit suspension, the ABLE Commission shall notify the
Oklahoma Tax Commission, and the Tax Commission shall suspend the
store’s license to sell tobacco products or nicotine products or the
store’s sales tax permit for a store that is predominan tly engaged
in the sale of vapor products in which the sale of other products is
merely incidental at the location where the offense occurred for the
period of time prescribed by the ABLE Commission.
3. Proof that the defend ant demanded, was shown, and re asonably
relied upon proof of age shall be a defense to any action brought
pursuant to this section. A person cited for violating this section
shall be deemed to have reasonably relied upon proof of age, and
such person shall not be found guilty of the vi olation if such
person proves that:
a. the individual who purchased or received the tobacco
product, nicotine product or vapor product presented a
driver license or other government-issued photo
identification purporting to e stablish that such
individual was twenty-one (21) years of age or older,
or
b. the person cited for the violation confirmed the
validity of the driver license or other government-
issued photo identification presented by such
individual by performing a tran saction scan by means
of a transaction scan device.
Provided, that this defense shall not relieve from liability any
person cited for a violation of th is section if the person failed to
exercise reasonable diligence to determine whether the physical
description and picture appearing on the driver license or other
government-issued photo identification was that of the individual
who presented it. The ava ilability of the defense described in this
subsection does not affect the availability of any other defen se
under any other provision of law.
ENR. S. B. NO. 623 Page 177
D. If the sale is made by an employee of the owner of a store
at which tobacco products, nicotine products or vap or products are
sold at retail, the employee shall be guilty of the violation and
shall be subject to the fine. Each violation by any e mployee of an
owner of a store licensed to sell tobacco products or nicotine
products or permitted to sell vapor product s shall be deemed a
violation against the owner for purposes of a license suspension
pursuant to subsecti on C of this section. Each vio lation by an
employee of a store predominantly engaged in the sale of vapor
products in which the sale of other products is merely incidental
shall be deemed a violation against the owner for purposes of a
sales tax permit suspension pursuant to the provis ions of subsection
C of this section. An owner of a store licensed to sell tobacco
products or nicotine products or per mitted to sell vapor products
shall not be deemed in violation of the provisions of the Prevention
of Youth Access to Tobacco Act for an y acts constituting a violation
by any person, when the violation occurs prior to actual employment
of the person by the storeowner or the violation occurs at a
location other than the owner’s retail store. For purposes of
determining the liability of a p erson controlling franchises or
business operations in multiple locations, for any violations of
subsection A or B of th is section, each individual franchise or
business location shall be deemed a separate entity.
E. On or before December 15, 1997, the AB LE Commission shall
adopt rules establishing a method of notification of storeowners
when an employee of such storeowner has been determined to be in
violation of this section by the ABLE Commission or convicted of a
violation by a municipality.
F. 1. Upon failure of the employee to pay the administrative
fine within ninety (90) days of the day of the assessment of such
fine, the ABLE Commission shall notify the Department of Public
Safety Service Oklahoma, and the Department Service Oklahoma shall
suspend or not issue a driver license to the employee until proof of
payment has been furnished to the Department of Public Sa fety
Service Oklahoma.
2. Upon failure of a storeowner to pay the administrative fine
within ninety (90) days of the assessment of the fine, the ABLE
Commission shall notify the Tax Commission, and the Tax Commission
shall suspend the store ’s license to sell tobacco products or
ENR. S. B. NO. 623 Page 178
nicotine products or the store’s sales tax permit for a store that
is predominantly engaged in the sale of vapor products in which the
sale of other products is merely incidental until proof of payment
has been furnished to the Okla homa Tax Commission.
G. Cities and towns may enact and municipal police officers may
enforce ordinances prohibiting and penalizing cond uct under
provisions of this section, but the provisions of municipal
ordinances shall be the same as provided for in th is section, and
the penalty provisions under such ordinances shall not be more
stringent than those of th is section.
H. County sheriffs may enforce the provisions of the Prevention
of Youth Access to Tobacco Act.
SECTION 35. AMENDATORY 68 O.S. 2021, Section 118, is
amended to read as follows:
Section 118. A. Upon receipt of a written request from a
member or employee of the Legislature, the Oklahoma Tax Commission
shall provide:
1. A written estimate of the revenue gain or loss to the state
as a result of an actual or proposed change to a any state tax law
within the implementation , enforcement and collection duties and
responsibilities of the Tax Commission ; provided, upon request of a
legislative member or staff, Service Oklahoma shall be responsible
for furnishing written estimates of revenue gains or losses
attributable to current or proposed amend ments to any state law
under its statutorily assi gned functions and responsibilities;
2. A written statement of the Tax Commission's recommendation
to the State Board of Equalization as to the change in the amount
certified as available for appropriation by the Legislature as a
result of an actual or proposed change to a state tax law; and
3. A written statement outlining all analysis and methodology
provided by or made available by the Tax Commission to the State
Board of Equalization for the purpose of influencing or serving as
the basis for an official action of the State Board of Equalization.
ENR. S. B. NO. 623 Page 179
The Tax Commission shall provide such estimate and statement
within two (2) weeks of the date the request was received unless the
member or employee of the Legislature specifies an earlie r date.
B. On or after December 31, 2009, and subject to the
availability of funds, the Tax Commission sha ll develop the
estimates and statements required by subsection A of this section
utilizing a dynamic revenue estimating model. Such model shall take
into consideration changes in economic activity as a result of the
proposed legislation and consequent rev enue gains or losses due to
factors such as taxpayer behavior, employment and business
investment. The Tax Commission may, subject to the laws of this
state relating to confidentiality of information, contract with
institutions of higher education in this state or other entities to
perform its duties as set forth in this subsection. The Tax
Commission is authorized to promulgate rules to carry out the
implementation of this section.
C. For the purpose of providing an annual forecast of gross
production tax revenues from the production of natural and
casinghead gas to the Office of Management and Enterprise Services,
the Tax Commission shall subscribe to a ppropriate reference
materials which provide economic outlook of future gas prices that
have most closely followed the historical trend of Oklahoma gas
prices. To determine the average differential between the published
forecasted prices and Oklahoma gas p rices, the Tax Commission shall
compare prices in at least twenty -four (24) of the immediate thirty -
six (36) previous months of production. The Tax Commission shall
utilize the procedures provided herein to forecast the collection of
gross production tax r evenues from the production of natural and
casinghead gas for the fiscal year beginning July 1, 2005 , and each
fiscal year thereafter.
SECTION 36. AMENDATORY 70 O .S. 2021, Section 19 -115, is
amended to read as follows:
Section 19-115. A. The establishment , conduct and scope of the
driver education program for secondary schools shall be the program
established by rules adopted and promulgated by the State Board of
Education, subject to the requirements and exceptions set forth in
Section 19-113 et seq. of this title. Said program shall be
established and maintained only in accor dance with such rules and
ENR. S. B. NO. 623 Page 180
laws. The State Superintendent of Public Instruction shall p repare
an administrative budget from funds made available under this
article, which budget shal l be approved by the State Boar d of
Education. It shall be the responsibi lity of the State
Superintendent of Public Instruction to appoint supervisors of
safety education and the necessary clerical personnel.
B. The State Department of Education shall de signate or employ
a state coordinator of driver education programs to prov ide
oversight of all driver education programs throughout the state.
The responsibilities of such coordinator shall include, but not be
limited to:
1. Assuring quality driver educa tion programs in this state;
2. Serving as a liaison between the State De partment of
Education and the Department of Public Safety Service Oklahoma;
3. Promoting driver safety throughout the state; and
4. Coordinating the activities of the supervisors o f safety
education and the nece ssary clerical staff.
SECTION 37. AMENDATORY 75 O.S. 2021, Section 250.4, is
amended to read as follows:
Section 250.4. A. 1. Except as is otherwise specifically
provided in this subsection, each a gency is required to comply wit h
Article I of the Administrative Procedure s Act.
2. The Corporation Commission shall be required to comply with
the provisions of Article I of the A dministrative Procedures Act
except for subsections A, B, C and E of Sectio n 303 of this title
and Section 306 of this title. To the extent of any c onflict or
inconsistency with Article I of the Administrative Procedures Act,
pursuant to Section 35 of Art icle IX of the Oklahoma Constitution,
it is expressly declared that Article I of the Administrative
Procedures Act is an amendment to and alteration of Sections 18
through 34 of Article IX of the Oklahoma Constitution.
3. The Oklahoma Military Department shall be exempt from the
provisions of Article I of the Administrative Proc edures Act to the
ENR. S. B. NO. 623 Page 181
extent it exercises its responsibility for military affa irs.
Military publications, as defined in Section 801 of Title 44 of the
Oklahoma Statutes, shall be exemp t from the provisions of Article I
and Article II of the Administrative Pro cedures Act, except as
provided in Section 251 of this title.
4. The Oklahoma Ordnance Works Authority, the Northeast
Oklahoma Public Facilities Authority, the Oklahoma Office of
Homeland Security and the Board of Trustees of the Oklahoma College
Savings Plan shall be exempt from Artic le I of the Administrative
Procedures Act.
5. The Transportation Commission and the Department of
Transportation shall be exempt from Article I of th e Administrative
Procedures Act to the extent they exercise their authority in
adopting standard specifica tions, special provisions, plans, design
standards, testing procedures, federally imposed requirements and
generally recognized st andards, project pla nning and programming,
and the operation and control of the State Highway S ystem.
6. The Oklahoma State R egents for Higher Education shall be
exempt from Article I of the Administrative Procedures Act with
respect to:
a. prescribing standards of higher ed ucation,
b. prescribing functions and courses of study in each
institution to conform to the standards,
c. granting of degrees and other forms of aca demic
recognition for completion of the prescribed courses,
d. allocation of state-appropriated funds, and
e. fees within the limits prescribed by the Legislature.
7. Institutional governing boards within The Okl ahoma State
System of Higher Education shal l be exempt from Article I of the
Administrative Procedures Act.
8. a. The Commissioner of Public Safety and the Director of
Service Oklahoma shall be exempt from Sections 303.1,
ENR. S. B. NO. 623 Page 182
304, 307.1, 308 and 308.1 of thi s title insofar as it
is necessary to promu lgate rules pursuant to the
Oklahoma Motor Carrie r Safety and Hazardous Materials
Transportation Act, to ma intain a current
incorporation of federal motor carrier safety and
hazardous material regulations , or pursuant to Chapter
6 of Title 47 of the Oklaho ma Statutes, to maintain a
current incorporation of federal commercial driver
license regulations, for whic h the Commissioner has no
discretion when the state is mandated to promulga te
rules identical to federal r ules and regulations.
b. Such rules may be adopted by the Commissioner and
shall be deemed promulgated twenty (20) days after
notice of adoption is pu blished in “The Oklahoma
Register”. Such publication need not set forth th e
full text of the rule but may incorporate the federal
rules and regulations by reference.
c. Such copies of promulgated r ules shall be filed with
the Secretary as required by Section 251 of this
title.
d. For any rules for which the Commissioner has
discretion to allow variances, tole rances or
modifications from the federal ru les and regulations,
the Commissioner shall fully comply with Article I of
the Administrative Procedures Ac t.
9. The Council on Judicial Complaints shall be exempt from
Section 306 of Article I of the Administrat ive Procedures Act, with
respect to review of the validity or applicability of a rule by an
action for declaratory judgment, or an y other relief based upon the
validity or applicability of a rule, in the district court or by an
appellate court. A party ag grieved by the validity or applicability
of a rule made by the Council on Judicial Complaint s may petition
the Court on the Judici ary to review the ru les and issue opinions
based upon them.
10. The Department of Corrections, State Board of Corrections,
county sheriffs and managers of city jails sh all be exempt from
Article I of the Administrativ e Procedures Act with respect to:
ENR. S. B. NO. 623 Page 183
a. prescribing internal management procedures for the
management of the state prisons, county jails and city
jails and for the man agement, supervision and control
of all incarcerated prisoners, and
b. prescribing internal management procedures for the
management of the probation and parole unit of the
Department of Corrections and for the supervision of
probationers and parolees.
11. The State Board of Education shall be exe mpt from Article I
of the Administrative Procedur es Act with respect to prescribing
subject matter standard s as provided for in Section 11-103.6a of
Title 70 of the Oklahoma Statutes .
B. As specified, the followi ng agencies or classes of agency
activities are not required to comply with the provisions o f Article
II of the Administrative Pro cedures Act:
1. The Oklahoma Tax Commission, except as provided in
subsection G of Section 114 0 of Title 47 of the Oklahoma S tatutes;
2. The Commission for Human Servi ces;
3. The Oklahoma Ordnance Works Authority;
4. The Corporation Commission;
5. The Pardon and Parole Board;
6. The Midwestern Oklahoma Development Authority;
7. The Grand River Dam Authority;
8. The Northeast Oklahoma Public Facilities Authori ty;
9. The Council on Judicial Complaints;
10. The Board of Trustees of the Oklahoma Colle ge Savings Plan;
ENR. S. B. NO. 623 Page 184
11. The supervisory or administrative agency of any penal,
mental, medical or eleemosynary institution, only with respect to
the institutional supervision, custody, control, care or treatm ent
of inmates, prisoners or patients therein; pro vided, that the
provisions of Article II shall apply to and govern all
administrative actions o f the Oklahoma Alcohol Preventi on, Training,
Treatment and Rehabil itation Authority;
12. The Board of Regents or employees of any university,
college, or other institution of highe r learning;
13. The Oklahoma Horse Racing Commission, its employees or
agents only with respect to hearin g and notice requirements on the
following classes of violations which are an im minent peril to the
public health, safety and welf are:
a. any rule regarding the running of a race,
b. any violation of medication laws and rules ,
c. any suspension or revocati on of an occupation license
by any racing jurisdiction recognized by the
Commission,
d. any assault or other destructive acts with in
Commission-licensed premises,
e. any violation of prohibited devices, laws and rules,
or
f. any filing of false information ;
14. The Commissioner of Public Safety and the Director of
Service Oklahoma only with respect to driver license hearings and
hearings conducted purs uant to the provisions of Section 2 -115 of
Title 47 of the Oklahoma Statute s;
15. The Administrator of th e Department of Securities only with
respect to hearings conducted pursuant to p rovisions of the Oklahoma
Take-over Disclosure Act of 1985;
ENR. S. B. NO. 623 Page 185
16. Hearings conducted by a public agency pursuant to Section
962 of Title 47 of the Oklahoma Statutes;
17. The Oklahoma Military Department;
18. The University Hospitals Authority, including a ll hospitals
or other institutions operated by the University Hospitals
Authority;
19. The Oklahoma Health Care Authority Board and the
Administrator of the Oklahoma Health Ca re Authority; and
20. The Oklahoma Office of Homeland Security.
SECTION 38. REPEALER 47 O.S. 2021, Section 2-106, as
amended by Section 28, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 2-106), is hereby repealed.
SECTION 39. REPEALER 47 O.S. 2021, Section 1114.2, as
amended by Section 13 1, Chapter 282, O.S.L . 2022 (47 O.S. Supp.
2022, Section 1114.2), is hereby repealed.
SECTION 40. This act shall become effective July 1, 202 3.
SECTION 41. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 623 Page 186
Passed the Senate the 2nd day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 19th day of April, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'cloc k _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________