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SENATE FLOOR VERSION
April 18, 2024
AS AMENDED
ENGROSSED HOUSE
BILL NO. 1859 By: Kerbs and Alonso-Sandoval
of the House
and
Haste of the Senate
[ motor vehicles – class requirements – driver
licenses – identification cards primarily in -state
– out-of-state prints in certain circumstances –
promulgation of rules – fees for expedited delivery
of certain credentials – Service Oklahoma – real
estate purchase – enter certain agreement –
exemption – multiple bids –
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 6 -101, as
last amended by Section 5, Chapter 47, 1st Extraordinary Session,
O.S.L. 2023 (47 O.S. Supp. 2023, Section 6 -101), is amended to read
as follows:
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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 the provisions of this title. No
person shall be permitted to possess more than one valid license at
any time, except as provided in paragraph 4 of subsection F of this
section.
B. 1. No person shall operate a Class A co mmercial 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 subsection F of this section.
Any person holding a valid Class A commerc ial 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 commercial motor vehicle
unless the person is eighteen (18) years of age or o lder 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 permitted to operate motor vehicles in
Classes B, C and D, except as provi ded for in paragraph 4 of this
subsection.
3. No person shall operate a Class C commercial motor vehicle
unless the person is eighteen (18) years of age or older and holds a
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valid Class C commercial license, except as provided in subsection F
of this section. Any person holding a valid Class C commercial
license shall be permitted to operate motor vehicles 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 sha ll be
licensed to operate any motor vehicle which is 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 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.
5. A person at least seventeen (17) years of age who
successfully completes all exa minations required by law may be
issued by Service Oklahoma:
a. a restricted Class A commercial license 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 motor vehicle , or
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.
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6. No person shall operate a Class D motor vehicle unless the
person is sixteen (16) years of age or older and holds a valid Class
D license, except as provided for in Section 6 -102 or 6-105 of this
title. Any person holding a valid Class D license 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 prescrib ed 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 with Service Oklahoma, if the applicant
is seventeen (17) years of age or y ounger 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 Safety Fou ndation rider course approved by the
Department, in conjunction with Service Oklahoma.
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E. Except as otherwise provided by law, any person who lawfully
possesses a valid Oklahoma driver license which is eligible for
renewal shall be required to successfull y 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 state -approved motorcycle basic
rider course approved by the Department, 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 examination for a motorcycle shall be waived by Service
Oklahoma upon verification that the person has successfully
completed a certified Motorcycle Safety Foundation rider course
approved by the Department, in conjunction with Service Oklahoma.
F. 1. Any person eighteen (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 e xamination, may issue to the applicant a
commercial learner permit which shall entitle the person having
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 solely for the
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purpose of behind-the-wheel training in accordance with rules
promulgated by the Department.
2. This commercial learner perm it shall be issued fo r a period
as provided in Section 6 -115 of this title of one hundred eighty
(180) days, which may be renewed one time for an additional one
hundred eighty (180) days; provided, such commercial learner permit
may be suspended, revoked, canceled, denied or d isqualified at the
discretion of the Department, with notice to Service Oklahoma, for
violation of the restrictions, for failing to give the required or
correct information on the application or for violation of any
traffic laws of this state 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 minimum of fourteen (14) days may have the restriction
requiring an accompanying dri ver 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 ap ply for and Service Oklahoma shall not
issue an original Class A, B or C driver license until 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 Class
B or C license and who wishes to apply for another class of
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commercial driver license 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 Class A or B license, as
applicable. Any pers on who currently holds a Class A, B or C
license and who wishes to add an endorsement or remove 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 issued by Service
Oklahoma as a separate and unique document which shall be valid only
in conjunction with a valid Oklahoma driver license or prov isional
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 commerci al 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 eligible for and Serv ice 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:
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a. "REAL ID Compliant Driver License" or "Identificati on
Card" means a driver license or identification card
issued by this state that 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 Ide ntification Card will
be clearly marked on the face indicating that it is a
compliant document, and
b. "REAL ID Noncompliant Driver License" or
"Identification Card" means a driver license or
identification card issued by this state th at has not
been certified by the United States Department of
Homeland Security (USDHS) as being compliant with the
requirements of the REAL ID Act of 2005. A REAL ID
Noncompliant Driver License or Identification Card
will be clearly marked on the face indicating that it
is not compliant with the federal REAL ID Act of 2005
and is not acceptable for official federal purposes.
The driver license or identification card will have a
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unique design or color indicator that clearly
distinguishes it from a complian t license or card.
2. Original Driver License and Identification Card Issuance:
a. Application for an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
shall be made to Service Oklahoma.
b. Service Oklahoma employees shall perform all do cument
recognition and other requirements needed for approval
of an original REAL ID Compliant or REAL ID
Noncompliant Driver License or Identification Card
application.
c. Upon approval of an original REAL ID Compliant or REAL
ID Noncompliant Driver Licen se 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 upon payment shall
provide the applicant a temporary driver license or
identification card. A temporary driver license or
identification card shall afford the ho lder the
privileges otherwise granted by the specific class of
driver license or identification card for the period
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of time listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Compliant or REAL ID
Noncompliant Driver License or Identification Card,
whichever time period is shorter.
3. REAL ID Compliant Driver License and Identification Card
Renewal and Replacement:
a. Application for renewal or replacement of a REAL ID
Compliant Driver License or Identi fication 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 voluntary do wngrade 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 authoriz ed 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.
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c. Upon approval of a renewal or replacement REAL ID
Compliant Driver Licens e 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 provisions o f this paragraph shall
afford the holder the privileges otherwise 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 p eriod of time prior to the
applicant receiving a REAL ID Compliant 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 Identif ication Card 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:
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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 Noncompliant Commerc ial Driver
License to any lower class license upon request of the
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.
c. Upon approval of a renewal or replacement REAL ID
Noncompliant Driver License or Identification Car d
application, the applicant may receive a temporary
driver license or identification 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 privileges otherwise 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
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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 application for the addition of an
endorsement to a current valid Oklahoma REAL ID Compliant or REAL ID
Noncompliant Driver License shall be assessed in accordance with the
following schedule:
Class A Commercial Learner
Permit $25.00
Class A Commercial Li cense $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
2. Notwithstanding the provisions of Section 1104 of this
title, all monies collected from the fees charged for Class A, B and
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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 exa mination shall be Fou r
Dollars ($4.00) for any license classification. Notwithstanding 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 Revenue 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; provided, t hat any applicant
who has a CDL Learner Permit shall be charged only the replacement
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
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K. In addition to any fee charged pursu ant to the provisions of
subsection H of this section, the fee charged 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
CDL Learner Permit shall be charged only the repl acement 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 Permit $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 (180) days. The cost for the renewed
permit shall be the same as for the original permit.
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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 created in Se ction 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 Sa fety
Computer Imaging System Revolving Fund to be used solely for the
purpose of administration and maintenance 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 Dollars
($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 October 31, 20 22. Beginning November
1, 2022, Ten Dollars ($10.00) of a 4 -year license or Twenty Dollars
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($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 deposited 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. 1. Through May 31, 2025, any person sixty -two (62) to
sixty-four (64) years of age 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
2. Any person sixty -five (65) years of age or older during the
calendar year of issuance or renewal of a Class D license or
motorcycle endorsement shall not be charged a fee.
P. No person who has bee n honorably discharged from active
service in any branch of the Armed Forces of the United States or
Oklahoma National Guard and who has been certified by the United
States Department of Veterans Affairs, its successor or the Armed
Forces of the United Sta tes to be a disabled veteran in receipt of
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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 registered
with the veterans registry created by the Oklahoma Department of
Veterans Affairs shall be charged a fee for the issuance,
replacement or renewal of an Oklahoma driver license; provided, that
if a veteran has been previously exempt from a fee pursuant to this
subsection, no registration with the veterans registry shall be
required.
Q. In accordance with the provisions of subsection G of this
section, Service Oklahoma is authorized to promulgate rules for the
issuance and renewal of driver licenses authorized pursuant to th e
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 Licenses shall create more stringent standards
than such rules applicable as of January 1, 2017, u nless 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 sub section 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 Driver License
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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 Lic ense to be deducted from the total collected for
each license or renewal application accepted through June 30, 2023.
Beginning July 1, 2022, and ending on June 30, 2023, each motor
license agent or licensed operator accepting applicat ions for driver
licenses for individuals over the age of sixty -five (65) years or
for applications for drivers pursuant to 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 driver license to
be deducted daily by the motor license agent or licensed operator
receipts. Beginning July 1, 2023, these fees shall be retained by
the licensed operator pursuant to subsection E of Section 1141.1 of
this title. The fees received by the licensed operator, au thorized
by this subsection, shall be used for operating expenses. The
amount retained pursuant to this subsection shall not be retained by
any state agency. The fees received by the licensed operator,
authorized by this subsection, shall be used for ope rating 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 designate d services to be rendered by
Service Oklahoma.
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R. Notwithstanding the provisions 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 Tax Commission to the State
Treasurer to be deposited in the General Revenue Fund of the State
Treasury.
The next Five Hundred Thousand Dollars ($500,000.00) of monies
collected pursuant to this section shall be paid by the Tax
Commission to the State Treasurer 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
Oklahoma Law Enforcement Telecommunications System. All other
monies collected in excess of Five Hundred Sixty Thousand Dollars
($560,000.00) each fiscal year shall be apportioned as provided in
Section 1104 of this title, except as otherw ise 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 cri minal
investigations, missing person investigations or any law enforcement
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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.
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 th rough NLETS.
Photographs or computerized images may be obtained by law
enforcement one inquiry at a time.
The computer system and related equipment acquired for this
purpose must conform to industry standards for interoperability and
open architecture. T he 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 Oklahom a or any other state or territory.
Service Oklahoma shall not issue a REAL ID Compliant Driver License
to a person who has been previously issued a REAL ID Compliant
Driver License or REAL ID Compliant Identification Card until such
license or identificat ion card has been surrendered to Service
Oklahoma by the applicant. Service Oklahoma may promulgate rules
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related to the issuance of replacement REAL ID Compliant Driver
Licenses in the event of loss or theft.
U. Beginning May 24, 2021, and ending on Jun e 30, 2023, in
addition to the amounts provided 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 ($10.0 0) for each processed application for a REAL
ID Compliant 8-year Driver License. Any additional amounts provided
pursuant to this subsection shall not be retained by Service
Oklahoma.
V. 1. No later than November 1, 2025, all credentials,
including REAL ID Compliant and REA L ID Noncompliant driver licenses
and identification cards, processed in this state by Service
Oklahoma or a licensed operator shall be printed primarily within
the boundaries of this state. In the event of an emergency or if
not economically feasible and practicable, Service Oklahoma may
elect, with notice to the Governor, the President Pro Tempore of the
Oklahoma State Senate, and the Speaker of the Oklahoma House of
Representatives, to print the credentials outside the boundaries of
this state. Service Oklahoma may promulgate rules to implement the
provisions of this subsection.
2. An applicant for a credential to be issued by Service
Oklahoma, including REAL ID Compliant and REAL ID Noncompliant
driver licenses and identification cards may request exp edited
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delivery of the credential. For those electing for expedited
delivery, there shall be assessed, in addition to any other fees
provided for by law, an expedited delivery fee of Forty Dollars
($40.00), plus the cost of postage. The expedited deliver y shall be
deposited to the Service Oklahoma Revolving Fund.
3. If necessary to provide adequate secure facilities for the
processing and printing of credentials as set forth in this
subsection, Service Oklahoma is authorized to purch ase real estate
including, but not limited to, buildings or units, for no more than
appraised value or, in the alternative, the Executive Director of
Service Oklahoma is authorized to enter into a lease -purchase
agreement for the acquisition of such buildings or units from the
person or entity that will develop or build the buildings or units.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by re ason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
April 18, 2024 - DO PASS AS AMENDED