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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3809 By: Dollens
AS INTRODUCED
An Act relating to homeless persons; amending 47 O.S.
2021, Section 6-105.3, as last amended by Section 6,
Chapter 47, 1st Extraordinary Session, O.S.L. 2023
(47 O.S. Supp. 2023, Section 6 -105.3), which relates
to identification cards for Oklahoma residents;
exempting homeless persons from replacement fee;
defining term; amending 63 O.S. 2021, Section 1-325,
which relates to fees for certi fied copies of
records; exempting home less persons from fee for
certified copy of birth certificate ; establishing
requirements for exemption; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 6 -105.3, as
last amended by Section 6, Chapter 47, 1st Extraordinary Session,
O.S.L. 2023 (47 O.S. Supp. 2023, Section 6 -105.3), is amended to
read as follows:
Section 6-105.3 A. In addition to the li censes to operate
motor vehicles, the Departm ent of Public Safety may issue cards to
Oklahoma residents for purposes of identification only. The
identification cards shall be issued, renewed, replaced, canceled
and denied in the same manner as driver lice nses in this state. A
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licensee whose record reflects a notation of the person's proof of
legal presence, verified by the U.S. Department of Homeland
Security, or proof of U.S. citizenship, may obtain a REAL ID
Compliant Identification Card or a Noncomplia nt Identification Card
from a motor license a gent or the Department of Public Safety,
regardless of the status of the license held by the licensee.
Provided, the licensee must comply with all REAL ID documentation
requirements to obtain a REAL ID Complian t Identification Card. A
person shall not apply for or possess more than one state-issued or
territory-issued REAL ID Compliant Identification Card pursuant to
the provisions of Section 6-101 of this title.
The application for an identification card by an y person under
the age of eighteen (18) years shall be signed and verified by a
custodial legal parent or legal guardian, either in person before a
person authorized to administer oaths or electronically if
completing an online application, or a notarized affidavit signed by
a custodial legal parent or legal guardian submitted before a person
authorized to administer oaths by the person under the age of
eighteen (18) years with the application. Except as otherwise
provided in this section, the identificati on cards shall be valid
for a period of eithe r four (4) years from the month of issuance or
eight (8) years from the month of issuance; however, the
identification cards issued to persons sixty-five (65) years of age
or older shall be valid indefinitely fr om the month of issuance.
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B. 1. The Department of Corrections shall coordinate with the
Department of Public Safety to provide REAL ID Noncompliant
Identification Cards to all inmates who do not have a current state -
issued identification card or driver l icense upon their release from
custody. The identification cards shall be issued, replaced,
canceled and denied in the same manner as driver licenses in this
state.
2. The Department of Public Safety shall allow the use of a
certified copy of a birth cer tificate coupled with a Department of
Corrections-issued consolidated record card to serve as a valid form
of photo identification documentation to obtain a REA L ID
Noncompliant Identification Card.
3. REAL ID Noncompliant Identification Cards issued wit h a
consolidated record card from the Departme nt of Corrections for
inmates shall be valid for a period of four (4) years from the month
of issuance for an allow able fee to be determined by the Department
of Public Safety and are nonrenewable and nontransf erable.
4. The fee charged for the issuance o r replacement of a REAL ID
Noncompliant Identification Card pursuant to this subsection shall
be deposited in the D epartment of Public Safety Revolving Fund.
Provided, however, REAL ID Noncompliant Identifica tion Cards issued
to individuals required to re gister pursuant to the Sex Offenders
Registration Act shall only be valid for a period of one (1) year.
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No person sixty-five (65) years of age or older shall be charged a
fee for a REAL ID Noncompliant Identi fication Card.
5. The Department of Public Saf ety is authorized to promulgate
rules and procedures to implement the provisions of this subsection.
C. No person shall hold more than one state-issued or
territory-issued REAL ID Compliant Driver License o r REAL ID
Compliant Identification Card, as defin ed in subsection G of Section
6-101 of this title. The Department shall not issue a REAL ID
Compliant Identificati on Card to any applicant who has been
previously issued a REAL ID Compliant Driver License o r REAL ID
Compliant Identification Card unless su ch license or identification
card has been surrendered to the Department by the applicant. The
Department may promulgate rules related to the issuance of
replacement REAL ID Compliant Identification Cards i n the event of
loss or theft.
D. The fee charged for the issuance or renewal of a REAL ID
Compliant Identification Card shall be Twenty -five Dollars ($25.00)
for a 4-year card and Fifty Dollars ($50.00) for an 8 -year card.
The fee charged for the issuan ce or renewal of a REAL ID
Noncompliant Identifica tion Card pursuant to this sect ion shall be
Twenty-five Dollars ($25.00) for a 4 -year card and Fifty Dollars
($50.00) for an 8-year card; however, no person sixty -five (65)
years of age or older, or a one hundred percent (100%) disabled
veteran described in subsection P of Section 6-101 of this title,
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shall be charged a fee for an identification card. Of each fee
charged pursuant to the provisions of this subsection:
1. Seven Dollars ($7.00) of a 4 -year card and Fourteen Dollars
($14.00) of an 8-year card shall be apportioned as provided in
Section 1104 of this title;
2. Three Dollars ($3.00) of a 4 -year card and Six Do llars
($6.00) of an 8-year card shall be credited to the Department of
Public Safety Computer Imaging System Revolving Fund to be used
solely for the purpose of the adminis tration and maintenance of the
computerized imaging system of the Department;
3. Ten Dollars ($10.00) of a 4-year card and Twenty Dollars
($20.00) of an 8-year card shall be deposited in the Department of
Public Safety Revolving Fund;
4. Three Dollars ($ 3.00) of a 4-year card and Six Dollars
($6.00) of an 8-year card shall be deposited to the State Public
Safety Fund created in Section 2 -147 of this title; and
5. Two Dollars ($2.00) for a 4-year card and Four Dollars
($4.00) for an 8-year card of the fee authorized by this subsection
related to the issuance or renewal of an identificati on card by a
motor license agent that does process approv ed applications or
renewals for REAL ID Compliant and REAL ID Non-Compliant
Noncompliant Driver Licenses or Identification Card s shall be
retained by the licensed operator through June 30, 202 3. Beginning
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July 1, 2023, these monies shall be retained by the licensed
operator pursuant to su bsection E of Section 1141.1 of this title .
E. The fee charged for repl acement of a REAL ID Compliant
Identification Card, or REAL ID Non-Compliant Noncompliant
Identification Card, shall be Twenty-five Dollars ($25.00); however,
no person sixty-five (65) years of age or older and no homeless
person who submits proof of temporary residence through a social
worker or the coordinator of an emergency shelter for the homeless
where the person is temporarily residing shall be charged a fee for
an identification card replacement. For the purposes of this
section, "homeless person" means a person without domicile who is
unable to secure permanent and stable housing as determined by a
social worker or the coordinator of an emergency shelter for the
homeless. Of each fee charged pursuant to the p rovisions of this
subsection:
1. Seven Dollars ($7.00) shall be apportioned as provided in
Section 1104 of this title;
2. Three Dollars ($3.0 0) shall be credited to the Department of
Public Safety Computer Imaging System Revolving Fund to be used
solely for the purpose of the administration and maint enance of the
computerized imaging system of the Department;
3. Ten Dollars ($10.00) shall be deposited in the Department of
Public Safety Revolving Fund;
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4. Three Dollars ($3.00) shall be deposited to the S tate Public
Safety Fund created in Section 2 -147 of this title; and
5. Two Dollars ($2.00) of the fee authorized by this subsection
related to the replacement of an identification card by a motor
license agent that does process approved applications or re newals
for REAL ID Compliant or REAL ID Non-Compliant Noncompliant Driver
Licenses or Identification Cards shall be retained by the licensed
operator through June 30, 2023. Beginning July 1, 2023, these
monies shall be retained by the licensed operator pursuant to
subsection E of Section 1141.1 of this title.
F. The Oklahoma Tax Commission is her eby authorized to
reimburse, from fund s available to that agency, each motor license
agent issuing an identification card to a person sixty-five (65)
years of age or older, an amount not to exceed One D ollar ($1.00)
for each card or driver license so issue d through June 30, 2023 .
The Tax Commission shall develop procedures for claims for
reimbursement.
G. Notwithstanding any other provision of law, when a person
makes application for a new identificati on card, or makes
application to renew an identificati on card, and the person has been
convicted of, or received a deferred judgment for, any offense
required to register pursuant to the Sex Offenders Registration Act,
the identification card shall be vali d for a period of one (1) year
from the month of issua nce, but may be renewed yearly during the
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time the person is subject to registration on the Sex Offender
Registry. The cost for such identification card shall be the same
as for other identification ca rds and renewals.
H. Nothing in this section requires or authorizes the
Department of Public Safety to issue a REAL ID Noncompliant
Identification Card without the docum entation required by the
provisions of paragraph 9 of subse ction A of Section 6 -103 of this
title.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -325, is
amended to read as follows:
Section 1-325. The State Board of Health shall prescribe the
fees to be paid for certified copies of certif icates or records, or
for a search of the files or records when no copy is ma de.
The collection of such fees may be accomplished by ac ceptance of
cash, money orders, credit cards, organization or personal checks;
in the event money orders or checks are pro ved to be noncollectible,
neither the Board of Health, the Commissioner of He alth, nor any of
the employees of the State Department of Health will be held
responsible and personally liable; it is further required that no
additional certified copies of reco rds may be delivered t o persons
on whom noncollectible drafts remain outstanding.
A search and a verification of birth facts shall be furnished
free of charge to any person volunteering for enlistment into a
branch of the Armed Forces of the United States, upon written
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request therefor by an officer of the Armed Forces representing the
interests of such person who shall be volunteering f or service.
A certified copy of a birth certificate shall be furnished,
without fee, upon request by a homeless person, prov ided that the
person submits a request through a social worker or the coordinator
of the emergency shelter for the homeless where the person is
temporarily residing. The request shall be submitted on the
emergency shelter's letterhead and shall includ e the shelter's
employer identification number and an attestation by the coordinator
that the person requesting the certificate is curre ntly homeless and
residing at the shelter , or the request shall be submitted o n the
social worker's agency or professiona l practice letterhead and shall
include the agency's or the professional practice 's employer
identification number and an attestation b y the social worker that
the person requesting the certificate is currently ho meless. A
certified copy of a birth certif icate furnished pursua nt to this
paragraph shall be submitted to the social worker or coordinator who
submitted the request. No more t han one certified copy of a birth
certificate furnished to a homeless person p ursuant to this
paragraph shall be provided without fee. For the purposes of this
section, "homeless person" means a person without domicile who is
unable to secure permanent an d stable housing as determined by a
social worker or the coordinator of an eme rgency shelter for the
homeless.
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SECTION 3. This act shall become effective November 1, 2024.
59-2-8777 TJ 12/14/23