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ENGROSSED SENATE
BILL NO. 682 By: Pederson of the Senate
and
Dobrinski of the House
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 declaring an
emergency.
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 payment 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 identificatio n 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
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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 informatio n
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 cancel 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 person to apply, adhere, or otherwise
attach to a driver license or identification card any decal,
sticker, label, or other attachment. Any law enforcement o fficer is
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authorized to remove and dispose of any u nlawful decal, sticker ,
label, or other attachment 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, cardh older, 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 subsec tion 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 appl icant 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 l icense is being produced and 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.
2. Service Oklahoma may issue or authorize the issuance of a
temporary identification card to an applicant, permitting the holder
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the privileges otherwise granted by identification cards, w hile a
permanent driver license is being provided 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 co mmercial
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 valid 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 commercial 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:
a. diesel fuel in quantities of one thousand (1,000 )
gallons or less,
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b. liquid fertilizers in vehicle s with total capacitie s
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 St ates 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 enr olled 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
the implementation of the process to carry out the pro visions of
this section.
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E. 1. Service Oklahoma s hall develop a procedu re 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 O ffenders
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 lic ense 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 Oklahoma for a new
license or card bearing the words “Sex Offender”. Continued use of
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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 Registrati on 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 ac tion 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 t o 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
the interlock device, a person may apply for a replacement driver
license.
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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 unde r this
title shall be issued a Class D driver license which identifies the
license as a modified license.
SECTION 2. 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 .
Passed the Senate the 7th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of _ _________,
2023.
Presiding Officer of the House
of Representatives