Oklahoma 2024 Regular Session

Oklahoma House Bill HB1962 Compare Versions

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1-An Act
2-ENROLLED HOUSE
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28+ENGROSSED SENATE AMENDMENT
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30+ENGROSSED HOUSE
331 BILL NO. 1962 By: Newton of the House
432
533 and
634
7- Jech and Stephens of the
8-Senate
35+ Jech of the Senate
36+
37+
38+
39+
40+[ driver licenses – farm vehicle special permits –
41+restrictions – suspension and revocation of permit
42+– affidavit – admissibility of evidence –
43+ emergency ]
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48+AUTHOR: Add the following Senate Coauthor: Stephens
49+
50+NOTE: Emergency failed
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52+AMENDMENT NO. 1. Page 1, restore the title
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54+Passed the Senate the 26th day of April, 2023.
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58+ Presiding Officer of the Senate
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61+Passed the House of Re presentatives the ____ day of __________,
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66+ Presiding Officer of the House
67+ of Representatives
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94+ENGROSSED HOUSE
95+BILL NO. 1962 By: Newton of the House
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97+ and
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99+ Jech of the Senate
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15-An Act relating to driver licenses; amending 47 O.S.
16-2021, Section 6-105, as amended by Section 42,
17-Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022 , Section
18-6-105), which relates to farm vehicle special
19-permits; deleting certain special permit; allowing
20-individuals of a certain age to make appl ication for
21-a farm permit; authorizing operation of certain
22-vehicles; specifying scenarios when permit may b e
23-used by permit holders of a certain age; providing
24-requirements for farm permit issuance; providing
25-restrictions for permit holders of a certain age;
26-prohibiting use of certain device while driving;
27-providing exception; defining term; providing for
28-suspension and revocation of permit; requiring
29-certain affidavit; stating content requirements for
30-affidavit; disallowing the admissibility of certain
31-evidence; and providing violations resulting in
32-license restrictions .
106+[ driver licenses – farm vehicle special permits –
107+restrictions – suspension and revocation of permit
108+– affidavit – admissibility of evidence –
109+ emergency ]
33110
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36113
37-SUBJECT: Driver licenses
38-
39114 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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41115 SECTION 1. AMENDATORY 47 O.S. 2021, Section 6 -105, as
42116 amended by Section 42, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
43117 Section 6-105), is amended to read as follows:
44-
45118 Section 6-105. A. Unless a legal custodial parent or legal
46-guardian has filed an objection to licensure pursuant to Section 6- ENR. H. B. NO. 1962 Page 2
119+guardian has filed an objection to licensure pursuant to Section 6-
47120 103.1 of this title, any person under eighteen (18) years of age who
48121 is in compliance with or n ot subject to Section 6-107.3 of this
49122 title may be permitted to operate:
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51123 1. A Class D motor vehicle under the graduated driver license
52124 provisions prescribed in subsections B through E of this section;
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54151 2. A motorcycle under t he provisions prescribed in su bsection H
55152 of this section; or
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57153 3. A farm vehicle under the provisions prescribed in subsection
58154 I of this section.
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60155 B. Any person who is at least fifteen (15) years of age may
61156 drive during a session in which the driver is bein g instructed in a
62157 driver education course, as set out in subparagraphs a, b, c, d and
63158 e of paragraph 1 of subsection C of this section, by a certified
64159 driver education instructor who is seated in the right front seat of
65160 the motor vehicle.
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67161 C. Any person:
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69162 1. Who is at least fifteen and one-half (15 1/2) years of age
70163 and is currently receiving instruction in or has successfully
71164 completed driver education. For purposes of this section, the term
72165 "driver education" shall mean:
73-
74166 a. a prescribed secondary school driver education course,
75167 as provided for in Sections 19-113 through 19-121 of
76168 Title 70 of the Oklahoma Statutes,
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78169 b. a driver education course, certified by the Department
79170 of Public Safety, from a parochial, private, or other
80171 nonpublic secondary school,
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82172 c. a commercial driver training c ourse, as defined by
83173 Sections 801 through 808 of this title,
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84199
85200 d. a parent-taught driver education course, certified by
86201 the Department of Public Safety. The Department shall
87202 promulgate rules for any parent-taught driver
88203 education course, or
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90204 e. a driver education course certified by a state other
91-than Oklahoma; or ENR. H. B. NO. 1962 Page 3
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205+than Oklahoma; or
93206 2. Who is at least sixteen (16) years of age,
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95207 may, upon successfully passing all parts of the driver license
96208 examination administered by Service Oklahoma, or an approved written
97209 examination proctor, except the driving examination, be iss ued a
98210 learner permit which will grant the permittee the privilege to
99211 operate a Class D motor vehicle upon the public highways only
100212 between the hours of 5:00 a.m. and 10:00 p.m. and while acc ompanied
101213 by a licensed driver who is at least twenty-one (21) years of age
102214 and who is actually occupying a seat beside the permittee; provided,
103215 the written examination for a learner permit may be waived by
104216 Service Oklahoma upon verification that the person has successfully
105217 completed driver education.
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107218 D. 1. Any person:
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109219 a. who has applied for, been issued, and has possessed a
110220 learner permit for a minimum of six (6) months, and
111-
112221 b. whose custodial legal parent or legal guard ian
113222 certifies to Service Oklahoma by sworn affidavit that
114223 the person has received a minimum of fifty (50) hours
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115250 of actual behind-the-wheel training, of which at least
116251 ten (10) hours of such training was at night, from a
117252 licensed driver who was at least twe nty-one (21) years
118253 of age and who was properly licensed to operate a
119254 Class D motor vehicle for a minimum of two (2) years,
120-
121255 may be issued an intermediate Class D license upon successfu lly
122256 passing all parts of the driver license examin ations administered b y
123257 Service Oklahoma; provided, the written examination, if it has not
124258 previously been administered or waived, may be waived by Service
125259 Oklahoma upon verification that the person has successfully
126260 completed driver education or the drivi ng examination may be waived
127261 by Service Oklahoma upon successful passage of the examination
128262 administered by a certified designated examiner, as provided for in
129263 Section 6-110 of this title. However, notwithstanding the da te of
130264 issuance of the learner permit, if the person has been convicted of
131265 a traffic offense which is reported on the driving record of that
132266 person, the time period specified in subparagraph a of this
133267 paragraph shall be recalculated to begin from the date o f conviction
134268 for the traffic offense, and must elapse before that person may be
135269 issued an intermediate Class D license. If the person has been
136-convicted of more than one traffic offense which is reported on the ENR. H. B. NO. 1962 Page 4
270+convicted of more than one traffic offense which is reported on the
137271 driving record of that person, the time peri od specified in
138272 subparagraph a of this paragraph shall be recalculated to begin from
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139299 the most recent date of conviction, and must elapse before that
140300 person may be issued an intermediate Class D license.
141-
142301 2. A person who has been issued an intermediate Clas s D license
143302 under the provisions of this subsection:
144-
145303 a. shall be granted the privilege to operate a Class D
146304 motor vehicle upon the public highways:
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148305 (1) only between the hours of 5:00 a.m. and 10:00
149306 p.m., except for driving to and from work,
150307 school, school activities, and church activiti es,
151308 or
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153309 (2) at any time, if a licensed driver who is at least
154310 twenty-one (21) years of age is actually
155311 occupying a seat beside the intermediate Class D
156312 licensee, or if the intermediate Class D licensee
157313 is a farm or ranch resid ent, and is operating a
158314 motor vehicle while engaged in farming or
159315 ranching operations outside the limits of a
160316 municipality, or driving to and from work,
161317 school, school activities, or church activities,
162318 and
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164319 b. shall not operate a motor vehicle with more tha n one
165320 passenger unless:
166-
167321 (1) all passengers live in the same household as the
168322 custodial legal parent or legal guardian, or
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169348
170349 (2) a licensed driver at least twenty-one (21) years
171350 of age is actually occupying a seat beside the
172351 intermediate Class D licensee.
173-
174352 E. Any person who has been issued an intermediate Class D
175353 license for a minimum of:
176-
177354 1. One (1) year; or
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179355 2. Six (6) months, if the person has completed both the driver
180-education and the parent-certified behind-the-wheel training ENR. H. B. NO. 1962 Page 5
356+education and the parent-certified behind-the-wheel training
181357 provisions of subparagraph b of paragraph 1 of subsection D of this
182358 section,
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184359 may be issued a Class D license. However, notwithstanding the date
185360 of issuance of the Class D license, if the person has been convicted
186361 of a traffic offense which is reported on the driving record of that
187362 person, the time periods specifi ed in paragraph 1 or 2 of this
188363 subsection, as applicable, shall be recalculated to begin from the
189364 date of conviction for the traffic offense, and must elapse before
190365 that person may be issued a Class D license. If the person has been
191366 convicted of more than one traffic offense which is reported on the
192367 driving record of that person, the time periods specified in
193368 paragraph 1 or 2 of this subsection, as applicable, shall be
194369 recalculated to begin from the most recent date of convic tion, and
195370 must elapse before th at person may be issued a Class D license.
196-
197371 F. Learner permits and intermediate Class D licenses shall be
198372 issued for the same period as all other driver licenses. The
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199399 licenses may be suspended or canceled at the discretion o f the
200400 Department for violation of restrictions, for failing to give the
201401 required or correct information on the application, for knowingly
202402 giving false or inaccurate information on the application or any
203403 subsequent documentation related to the granting of d riving
204404 privileges, for using a hand-held electronic device while operating
205405 a motor vehicle for non-life-threatening emergency purposes or for
206406 violation of any traffic laws of this state pertaining to the
207407 operation of a motor vehicle.
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209408 G. Service Oklahoma shall promulgate rules establishing
210409 procedures for removal of learner permit and intermediate Class D
211410 license restrictions from the permit or license upon the permittee
212411 or licensee qualifying for a less restricted or an unres tricted
213412 license.
214-
215413 H. Any person fourteen (14) years of age or older may apply for
216414 a restricted Class D license with a motorcycle-only restriction.
217415 After the person has successfully passed all parts of the motorcycle
218416 examination other than the driving exam ination, has successfully
219417 completed a certified state-approved motorcycle basic rider course
220418 approved by the Department of Public Safety, in conjunction with
221419 Service Oklahoma, and has met all requirements provided for in the
222420 rules of the Department and Service Oklahoma, Service Oklahoma shall
223421 issue to the person a r estricted Class D license with a motorcycle-
224-only restriction which shall grant to the person, while having the ENR. H. B. NO. 1962 Page 6
422+only restriction which shall grant to the person, while having the
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225449 license in the person's immediate possession, the privilege to
226450 operate a motorcycle or motor-driven cycle:
227-
228451 1. With a piston displacement not to exceed three hundred (300)
229452 cubic centimeters;
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231453 2. Between the hours of 4:30 a.m. to 9:00 p.m. only;
232-
233454 3. While wearing approved protective headgear; and
234-
235455 4. While accompanied by and re ceiving instruction fro m any
236456 person who is at least twenty-one (21) years of age and who is
237457 properly licensed pursuant to the laws of this state to operate a
238458 motorcycle or motor-driven cycle, and who has visual contact with
239459 the restricted licensee.
240-
241460 The restricted licensee may ap ply on or after thirty (30) days
242461 from date of issuance of the restricted Class D license with a
243462 motorcycle-only restriction to have the restriction of being
244463 accompanied by a licensed driver removed by successfully completing
245464 the driving portion of an exami nation.
246-
247465 The written examination and driving examin ation for a restricted
248466 Class D license with a motorcycle-only endorsement shall be waived
249467 by Service Oklahoma upon verification that the person has
250468 successfully completed a c ertified state-approved motorcycle basic
251469 rider course approved by the Department and Service Oklahoma.
252-
253470 I. Service Oklahoma may in its discretion issue a special
254471 permit to any person who has attained the age of fourteen (14)
255472 years, authorizing such person to operate farm vehicles b etween the
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256499 farm and the market to haul commodities grown on the farm; provided,
257500 that the special permit shall be temporary and shall expire not more
258501 than thirty (30) days after the issuance of the special permit.
259502 Special permits shall be issued only to fa rm residents and shall be
260503 issued only during the time of the harvest of the principal crops
261504 grown on such farm. Provided, however, Service Oklahoma shall not
262505 issue a special permit pursuant to this subsection until Service
263506 Oklahoma is fully satisfied after the examination of the application
264507 and other evidence furnished in support thereof, that the person is
265508 physically and mentally developed to such a degree that the
266509 operation of a motor vehicle by the person would not be inimical to
267510 public safety.
268- ENR. H. B. NO. 1962 Page 7
269511 1. Any person who is less than sev enteen (17) years of age but
270512 is at least fourteen (14) years of age and who resides upon a farm
271513 in this state or is emplo yed for compensation upon a farm in this
272514 state may apply to Service Oklahoma for a farm permit authorizing
273515 such person, while possessin g the permit, to operate any Class D
274516 motor vehicle.
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276517 2. a. A farm permit shall entitle the licensee, who is at
277518 least fourteen (14) years of age but less than sixt een
278519 (16) years of age, to operate the appropriate motor
279520 vehicles at any time:
280-
281521 (1) while going to or from or in connection with any
282522 farm job, employment, or other farm-related work,
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284549 (2) on days while school is in ses sion, over the most
285550 direct and accessible route between the
286551 licensee's residence and school of enrollment for
287552 the purpose of school atte ndance; provided, that
288553 the privilege shall only extend to those
289554 licensees who reside on a farm and c ommute
290555 directly from their place of residence to the
291556 school in which they are enrolled, or
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293557 (3) when the licensee is operating a passenger car at
294558 any time when accompanied by an adult who is the
295559 holder of a valid commercial driver license,
296560 Class A, B, C, or D driver license and who is
297561 actually occupying a seat beside the driver.
298-
299562 b. For a period of six (6) months, a farm permit shall
300563 entitle the licensee who is at least sixteen (16)
301564 years of age to operate the appropriate motor vehicles
302565 at any time:
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304566 (1) from 5:00 a.m. to 9:00 p. m.,
305-
306567 (2) while going to or from or in conn ection with any
307568 farm job, employment, or other farm -related work,
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309569 (3) while going to or from au thorized school
310570 activities,
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312597 (4) while going directly to or from any religious
313598 worship service held b y a religious organi zation,
314599 or
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316600 (5) while the licensee is oper ating a passenger car
317601 at any time while accompanied by an adult who is
318602 the holder of a valid co mmercial driver license,
319603 Class A, B, or C driver license, and who is
320604 actually occupying a seat besid e the driver.
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322605 After such six-month period, if the licensee h as complied with the
323606 provisions of this subsection, such farm permit shall entitle the
324607 licensee to operate the appropriate motor vehi cles at any time
325608 without the restrictions required by this subs ection.
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327609 3. A farm permit shall be issued only if:
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329610 a. the applicant can prove that such applicant resides or
330611 works on a farm by submitting the signed affida vit of
331612 either a parent or guardian st ating that the applicant
332613 lives on a farm,
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334614 b. the applicant has successfully complet ed the
335615 examination requirements in Secti on 6-110 of this
336616 title, and
337-
338617 c. the applicant does not live on a farm but works on a
339-farm and the applicant submits the signed affidav it of
618+farm, the applicant submits the signed affidav it of
340619 the applicant's employer and parent or guardian
341620 attesting to such employment.
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343647 4. Any licensee issued a farm permit u nder this subsection:
344-
345648 a. who is less than sixteen (16) years of age shall not
346649 operate any motor vehicle with nonsibling mino r
347650 passengers,
348-
349651 b. who is at least sixteen (16) years of age, for a
350652 period of six (6) months after reaching sixteen (16)
351653 years of age, shall not operate any motor vehicle with
352654 more than one passenger who is less than eighteen (18)
353655 years of age and who is not a member of the licensee's
354656 immediate family, or
355- ENR. H. B. NO. 1962 Page 9
356657 c. who is at least four teen (14) years of a ge, but less
357658 than sixteen (16) years of age, shall not operate any
358659 motor vehicle on interstate or turnpike high way
359660 systems, nor shall a licensee operate a motor vehicle
360661 within the limits of a city wi th a population in
361662 excess of one hundred thousand (100,00 0) persons
362663 according to the latest Feder al Decennial Census.
363-
364664 Any conviction for violating this paragraph shall be construed as a
365665 moving traffic violation. Service Oklahoma may, in its discretion,
366666 suspend the permit of an individual for violation of this pa ragraph.
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368667 5. Any licensee issued a farm permit under this subsection
369668 shall not operate a wireless communication device while driving a
370669 motor vehicle, except that a licensee may operate a wireless
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371696 communication device while driving a mo tor vehicle to report illegal
372697 activity or to summon medical o r other emergency help.
373-
374698 6. As used in this subsection, "farm" means any parcel of land
375699 for which the owner has an agricultural exemption permit issued by
376700 the Oklahoma Tax Commission .
377-
378701 7. a. A farm permit issued under this subsection is subject
379702 to suspension or revocation in the same manner as any
380703 other driver license.
381-
382704 b. A farm permit may be suspende d in accordance with
383705 Section 6-113 of this title for any violation of
384706 restrictions under this subsec tion.
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386707 c. Service Oklahoma shall suspend the farm permit upon
387708 receiving satisfactory evidence that the licensee has
388709 been involved in two or more accidents ch argeable to
389710 the licensee and such sus pended license shall not be
390711 reinstated for one (1) year.
391-
392712 8. Any licensee issued a f arm permit under this subsection
393713 shall provide, prior to reaching sixteen (16) years of age, a signed
394714 affidavit of either a parent or g uardian stating that the applicant
395715 has completed at least fift y (50) hours of adult-supervised driving
396716 with at least ten (10) of those hours being at night. The adult-
397717 supervised driving required by this paragraph shall be conducted by
398718 an adult who is at l east twenty-one (21) years of age and is the
399719 holder of a valid commercial driver license, Class A, B, C, or D
400-driver license. Evidence of failure of any licensee who was ENR. H. B. NO. 1962 Page 10
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746+driver license. Evidence of failure of any licensee who was
401747 required to complete the fifty (50) hours of adult -supervised
402748 driving under this subs ection shall not be admissible in any action
403749 for the purpose of determining any aspect of comparativ e negligence
404750 or mitigation of damages.
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406751 9. Any licensee issued a farm permit under this subsection who:
407-
408752 a. is under sixteen (16) years of age and is convict ed of
409753 two or more moving traffic viol ations committed on
410754 separate occasions shall not be eligible to receive a
411755 driver license which is not restricted, in accordanc e
412756 with the provisions of subparagraph a of paragraph 2
413757 of this subsection, until the person r eaches seventeen
414758 (17) years of age,
415-
416759 b. is at least sixteen (16) years of age but less than
417760 seventeen (17) years of age an d is convicted of two or
418761 more moving traffic violations committed on separate
419762 occasions shall not be eligible to receive a driver
420763 license which is not restricted, in accord ance with
421764 the provisions of subparagraph b of paragraph 2 of
422765 this subsection, until the person reaches eighteen
423766 (18) years of age, or
424-
425767 c. fails to provide the affidavit required under
426768 paragraph 8 of this subsection shall not be eligible
427769 to receive a driver license which is not rest ricted,
770+
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428796 in accordance with the provisi ons of subparagraph a of
429797 paragraph 2 of this subsection, until the person
430-provides such affidavit to Service Oklahoma or the
431-person reaches seventeen (17) years of age, whichever
432-occurs first.
433-
798+provides such affidavit to the division or the person
799+reaches seventeen (17) years of age, whichever occurs
800+first.
434801 J. As used in this section:
435-
436802 1. "Hand-held electronic device" means a mobile telephone or
437803 electronic device with which a user engages in a telephone call,
438804 plays or stores media, including but not limited to music and video,
439805 or sends or reads a text message while requiring the use of at least
440806 one hand; and
441-
442807 2. "Using a hand-held electronic device" means engaging any
443808 function on an electronic device.
444- ENR. H. B. NO. 1962 Page 11
445809 K. All driver education courses provided for in paragraph 1 of
446810 subsection C of this section shall include education regarding the
447811 dangers of texting while driving and the effects of being under the
448812 influence of alcohol or other intoxicating substance while driving.
813+SECTION 2. It being immediately necessary for th e preservation
814+of the public peace, h ealth or safety, an emergency is hereby
815+declared to exist, by r eason whereof this a ct shall take effect and
816+be in full force from and after its passage and approval.
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453-Passed the House of Representatives the 8th day of May, 2023.
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846+Passed the House of Representatives the 6th day of March, 2023.
454847
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456849
457850
458851 Presiding Officer of the House
459852 of Representatives
460853
461854
462-Passed the Senate the 26th day of April, 2023.
855+Passed the Senate the ____ day of __________, 2023.
463856
464857
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466859
467860 Presiding Officer of the Senate
468861
469862
470-OFFICE OF THE GOVERNOR
471-Received by the Office of the Governor this ____________________
472-day of ___________________, 20_______, at _______ o'clock _______ M.
473-By: _________________________________
474-Approved by the Governor of the State of Oklahoma this _____ ____
475-day of ___________________, 20_______, at _______ o'clock _______ M.
476863
477-
478- _________________________________
479- Governor of the State of Oklahoma
480-
481-OFFICE OF THE SECRETARY OF STATE
482-Received by the Office of the Secretary of State this __________
483-day of ___________________, 20_______, at _______ o'clock _______ M.
484-By: _________________________________