Oklahoma 2023 2023 Regular Session

Oklahoma Senate Bill SB682 Introduced / Bill

Filed 01/18/2023

                     
 
 
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STATE OF OKLAHOMA 
 
1st Session of the 59th Legislature (2023) 
 
SENATE BILL 682 	By: Pederson 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to non-domiciled commercial driver 
license; amending 47 O.S. 2021, Section 6-111, as 
last amended by Section 53, Chapte r 282, O.S.L. 2022 
(47 O.S. Supp. 2022, Section 6 -111), which relates to 
issuance of license or identification card; removing 
certain non-domiciled commercial learner permit or 
driver license conditions ; and providing an effective 
date. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     47 O.S. 2021, Section 6 -111, as 
last amended by Section 53, Chapter 282, O.S.L. 20 22 (47 O.S. Supp. 
2022, Section 6-111), is amended to read as follows: 
Section 6-111. A.  1.  Service Oklahoma shall, upon pay ment of 
the required fee, issue to every applicant qualifying therefor a 
Class A, B, C or D driver license or identification card as applied 
for, which license or card shall bear thereon a distinguishing 
alphanumeric identification assigned to the licensee or cardholder, 
date of issuance and date of expiration of the license or card, the 
full legal name, signature or computerized signature, date of birth, 
residence address, unless specified as an exception in the Code of   
 
 
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Federal Regulations per 6 C.F.R., Se ction 37.17, sex, a computerized 
color image of the licensee or cardholder taken in accordance with 
Service Oklahoma rules and security features as determine d by 
Service Oklahoma.  The image shall depict a fu ll front unobstructed 
view of the entire face of the licensee or cardholder; provided, a 
commercial learner permit shall not bear the image of the licensee.  
When any person is issued both 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, sh all bear thereon the county of 
residence of the lic ensee or cardholder. 
3.  Service Oklahoma may ca ncel the distinguishing number, when 
that distinguishing number is another person ’s Social Security 
number, assign a new distinguishing alphanumeric identifi cation, and 
issue a new license or identification c ard 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 lice nse identifying the licensee or cardholder 
as deaf or hard-of-hearing. 
5.  It is unlawful for any p erson to apply, adhere, or otherwise 
attach to a driver license or identification card any decal,   
 
 
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sticker, label, or other attachment.  Any law enforcement o fficer is 
authorized to remove and dispose of any u nlawful decal, sticker, 
label, or other attachme nt from the driver license of a person.  The 
law enforcement officer, the employing agency of the officer, 
Service Oklahoma, and the State of Oklahoma shall be immune from any 
liability for any loss suffered by the licensee, 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 provisions of subsection G of Section 6 -101 of 
this title whereby a person may apply for a renewal or replacement 
Oklahoma Class D license or Oklahoma identification card. 
B.  1.  Service Oklahoma may is sue 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 Service 
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 a nd delivered 
to the applicant.  Such permit or license must be in 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.   
 
 
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2.  Service Oklahoma may issue or authorize the issuance of a 
temporary identification card to an applicant, permitting the holder 
the privileges otherwise granted by identification cards, w hile a 
permanent driver license is being provide d and delivered to the 
applicant.  Such card shall be invalid when the applicant ’s 
permanent identification card has been issued and delivered, or for 
good cause has been refused. 
C.  1.  Service Oklahoma may issue a restricted commercial 
driver license to drivers eighteen (18) years of age or older for 
any of the following specific farm -related service industries: 
a. farm retail outlets and suppliers, 
b. agri-chemical businesses, 
c. custom harvesters, and 
d. livestock feeders. 
The applicant shall hold a va lid Oklahoma driver license and 
shall meet all the requirements for a commercial driver license.  
The restricted commercial driver license shall not exceed a total of 
one hundred eighty (180) days within any twelve-month period. 
2.  The restricted commerci al driver license shall not be valid 
for operators of commercial motor vehicles beyond one hundred fifty 
(150) miles from the place of business or the farm c urrently being 
served.  Such license shall be limit ed to Class B vehicles.  Holders 
of such licenses who transport hazardous materials which are 
required to be placarded shall be limited to the following:   
 
 
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a. diesel fuel in quantities of one thousand (1,000 ) 
gallons or less, 
b. liquid fertilizers in vehicle s 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 iss ue 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, val id and unexpired I-94 
immigration status document i ssued by the United States Customs and 
Immigration Service; and 
2.  A J-1 Exchange Visitor Program 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 Immigration 
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 accordance with applicable 
federal regulations, state laws and Service Oklaho ma rules.  The 
issued license shall be valid until the expiration of the visa for 
the non-domiciled worker.  Service Oklahoma may promulgate rules for   
 
 
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the implementation of the process to carry out the pro visions of 
this section. 
E. 1.  Service Oklahoma s hall develop a procedure whereby a 
person applying for an original, renewal or replacement Class A, B, 
C or D driver license or identification card who is required to 
register as a convicted sex offender w ith the Department of 
Corrections pursuant to the p rovisions of the Sex Offenders 
Registration Act and who the Department of Corrections designates as 
an aggravated or habitual offender pursuant to subsection J of 
Section 584 of Title 57 of the Oklahoma St atutes shall be issued a 
license or card bearing th e words “Sex Offender”. 
2.  Service Oklahoma shall notify every person subject to 
registration under the provisions of Section 1 -101 et seq. of this 
title who holds a current Class A, B, C or D driver lice nse or 
identification card that such person is requ ired to surrender 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 subsec tion, application may be made with Service 
Oklahoma for a replacement 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   
 
 
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time the person may make application with Service Oklahoma for a new 
license or card bearing the words “Sex Offender”.  Continued use of 
a canceled license or card shall constitute a misdemeano r and shall, 
upon conviction thereof, be punishable by a fine of not less than 
Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars 
($200.00).  When an individual is no longer required to register as 
a convicted sex offender with the Department of Corrections pursuant 
to the provisions of the Se x Offenders Registration Act, the 
individual shall be eligible to receive a driver license or 
identification card which does not bear the words “Sex Offender”. 
F.  Nothing in subsection E of this section s hall be deemed to 
impose any liability upon or give rise to a cause of action against 
any employee, agent or official of the Department of Corrections 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 replacement 
driver license shall bear the words “Interlock Required” and such 
designation shall remain on the driver license for the duration of 
the order requiring the ignition interlock device.  The replacement 
license shall be subject to the same expiration and renewal 
procedures provided by law.  Upon completion of the req uirements for   
 
 
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the interlock device, a person may apply for a replacement driver 
license. 
H.  Service Oklahoma shall develop a procedure whereby a person 
applying for an original, renewal or replacement Cla ss D driver 
license who has been granted modified d riving privileges under this 
title shall be issued a Class D driver license which identifies the 
license as a modified license. 
SECTION 2.  This act shall become effective November 1, 2023. 
 
59-1-1016 JES 1/18/2023 12:26:39 PM