1| HOUSE OF REPRESENTATIVES - FLOOR VERSION |
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2| STATE OF OKLAHOMA |
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3| 1st Session of the 59th Legislature (2023) |
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4|COMMITTEE SUBSTITUTE |
|FOR |
5|HOUSE BILL NO. 2114 By: Martinez, Waldron, |
| Schreiber, Menz, and Talley |
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7| |
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8| |
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9| COMMITTEE SUBSTITUTE |
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10|An Act relating to driver licenses; creating the Lowering Insurance |
|and Benefitting the Economy, Roads, Taxpayers, and Yourself |
11|(LIBERTY) Act; amending 21 O.S. 2021, Section 1550.42, which relates |
|to entities authorized to print identification documents; clarifying |
12|language; removing certain limitation; removing certain exceptions; |
|removing certain license renewal requirement; removing certain |
13|presumption; removing certain application; removing certain |
|exemption; amending 26 O.S. 2021, Section 4-109.3, as amended by |
14|Section 15, Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2022, Section |
|4-109.3), which relates to motor vehicle licensing agencies and |
15|voter registration; prohibiting voter registration services from |
|being provided to certain applicants and licensees; requiring |
16|Service Oklahoma transmit certain identifying information to the |
|Secretary of the State Election Board; requiring certain action and |
17|notice; prohibiting retention of certain information; providing |
|certain exception; amending 47 O.S. 2021, Section 6-101, as amended |
18|by Section 37, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section |
|6-101), which relates to class requirements for driver licenses and |
19|fees; creating certain fees; directing certain deposit; amending 47 |
|O.S. 2021, Section 6-103, as amended by Section 40, Chapter 282, |
20|O.S.L. 2022 (47 O.S. Supp. 2022, Section 6-103), which relates to |
|persons not to be licensed; updating statutory references; modifying |
21|preclusion; requiring certain documents be presented to allow for |
|the issuance of driver licenses to aliens; amending 47 O.S. 2021, |
22|Section 6-106, as amended by Section 45, Chapter 282, O.S.L. 2022 |
|(47 O.S. Supp. 2022, Section 6-106), which relates to application |
23|for license; providing an acceptable form of proof of identity; |
|allowing for certain information to be provided by an applicant; |
24|updating statutory reference; providing certain preclusions; |
|amending 47 O.S. 2021, Section 6-114, as amended by Section 54, |
arsid8736048 HB2114 HFLR Page 1
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1|Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section 6-114), which |
|relates to replacement driver licenses; removing certain |
2|requirements and replacement period limitations for aliens; amending |
|47 O.S. 2021, Section 6-115, as amended by Section 55, Chapter 282, |
3|O.S.L. 2022 (47 O.S. Supp. 2022, Section 6-115), which relates to |
|issuance, expiration, and renewal of driver licenses; modifying |
4|certain limitations for certain applicants or licensees; requiring |
|certain applicants provide additional specific documentation; |
5|amending 47 O.S. 2021, Section 6-122, as amended by Section 62, |
|Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section 6-122), which |
6|relates to renewal by mail; modifying certain exceptions; requiring |
|Service Oklahoma to provide certain notation of status; prohibiting |
7|voter registration services from being provided to certain |
|applicants and licensees; providing for noncodification; providing |
8|for codification; and providing an effective date. |
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9| |
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10| |
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11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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12| SECTION 1. NEW LAW A new section of law not to be |
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13|codified in the Oklahoma Statutes reads as follows: |
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14| This act shall be known and may be cited as the "Lowering |
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15|Insurance and Benefitting the Economy, Roads, Taxpayers, and |
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16|Yourself (LIBERTY) Act". |
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17| SECTION 2. AMENDATORY 21 O.S. 2021, Section 1550.42, is |
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18|amended to read as follows: |
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19| Section 1550.42. A. The following entities may create, publish |
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20|or otherwise manufacture an identification document, identification |
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21|card, or identification certificate and may possess an engraved |
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22|plate or other such device for the printing of such identification; |
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23|provided, the name of the issuing entity shall be clearly printed |
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24|upon the face of the identification: |
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arsid8736048 HB2114 HFLR Page 2
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1| 1. Businesses, companies, corporations, service organizations |
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2|and federal, state and local governmental agencies for employee |
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3|identification which is designed to identify the bearer as an |
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4|employee; |
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5| 2. Businesses, companies, corporations and service |
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6|organizations for customer identification which is designed to |
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7|identify the bearer as a customer or member; |
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8| 3. Federal, state and local government agencies for purposes |
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9|authorized or required by law or any legitimate purpose consistent |
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10|with the duties of such an agency, including, but not limited to, |
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11|voter identification cards, driver licenses, nondriver |
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12|identification cards, passports, birth certificates and social |
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13|security Social Security cards; |
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14| 4. Any public school or state or private educational |
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15|institution, as defined by Sections 1-106, 21-101 or 3102 of Title |
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16|70 of the Oklahoma Statutes, to identify the bearer as an |
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17|administrator, faculty member, student or employee; |
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18| 5. Any professional organization or labor union to identify the |
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19|bearer as a member of the professional organization or labor union; |
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20|and |
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21| 6. Businesses, companies or corporations which manufacture |
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22|medical-alert identification for the wearer thereof. |
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23| |
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24| |
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1| B. All identification documents as provided for in paragraph 3 |
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2|or 4 of subsection A of this section shall be issued only to United |
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3|States citizens, nationals and legal permanent resident aliens. |
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4| C. The provisions of subsection B of this section shall not |
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5|apply when an applicant presents, in person, valid documentary |
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6|evidence of: |
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7| 1. A valid, unexpired immigrant or nonimmigrant visa status for |
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8|admission into the United States; |
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9| 2. A pending or approved application for asylum in the United |
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10|States; |
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11| 3. Admission into the United States in refugee status; |
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12| 4. A pending or approved application for temporary protected |
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13|status in the United States; |
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14| 5. Approved deferred action status; or |
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15| 6. A pending application for adjustment of status to legal |
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16|permanent residence status or conditional resident status. |
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17|Upon approval, the applicant may be issued an identification |
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18|document provided for in paragraph 3 or 4 of subsection A of this |
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19|section. Such identification document shall be valid only during |
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20|the period of time of the authorized stay of the applicant in the |
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21|United States or, if there is no definite end to the period of |
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22|authorized stay, a period of one (1) year. Any identification |
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23|document issued pursuant to the provisions of this subsection shall |
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24|clearly indicate that it is temporary and shall state the date that |
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arsid8736048 HB2114 HFLR Page 4
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1|the identification document expires. Such identification document |
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2|may be renewed only upon presentation of valid documentary evidence |
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3|that the status by which the applicant qualified for the |
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4|identification document has been extended by the United States |
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5|Citizenship and Immigration Services or other authorized agency of |
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6|the United States Department of Homeland Security. |
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7| D. The provisions of subsection B of this section shall not |
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8|apply to an identification document described in paragraph 4 of |
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9|subsection A of this section that is only valid for use on the |
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10|campus or facility of that educational institution and includes a |
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11|statement of such restricted validity clearly and conspicuously |
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12|printed upon the face of the identification document. |
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13| E. Any driver license issued to a person who is not a United |
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14|States citizen, national or legal permanent resident alien for which |
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15|an application has been made for renewal, duplication or reissuance |
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16|shall be presumed to have been issued in accordance with the |
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17|provisions of subsection C of this section; provided that, at the |
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18|time the application is made, the driver license has not expired, or |
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19|been cancelled, suspended or revoked. The requirements of |
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20|subsection C of this section shall apply, however, to a renewal, |
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21|duplication or reissuance if the Department of Public Safety is |
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22|notified by a local, state or federal government agency of |
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23|information in the possession of the agency indicating a reasonable |
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24|suspicion that the individual seeking such renewal, duplication or |
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1|reissuance is present in the United States in violation of law. The |
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2|provisions of this subsection shall not apply to United States |
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3|citizens, nationals or legal permanent resident aliens. |
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4| SECTION 3. AMENDATORY 26 O.S. 2021, Section 4-109.3, as |
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5|amended by Section 15, Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2022, |
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6|Section 4-109.3), is amended to read as follows: |
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7| Section 4-109.3 A. When a qualified elector applies for |
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8|issuance or renewal of an Oklahoma driver license, or issuance of a |
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9|state identification card issued pursuant to Section 6-105 of Title |
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10|47 of the Oklahoma Statutes, he or she shall be provided voter |
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11|registration services as required by the National Voter Registration |
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12|Act. Any applicant or licensee providing an individual tax |
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13|identification number to Service Oklahoma or a licensed operator |
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14|pursuant to Section 6-106 of Title 47 of the Oklahoma Statutes shall |
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15|not be provided voter registration services. All completed paper |
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16|voter registration applications shall be transmitted by the agency |
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17|accepting the application at the close of business each week to the |
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18|State Election Board in preaddressed, postage prepaid envelopes |
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19|provided by the State Election Board. If a person registers or |
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20|declines to register to vote, the office at which the person submits |
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21|the voter registration application or the fact that the person |
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22|declined to register shall remain confidential and will be used only |
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23|for voter registration purposes. |
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24| |
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1| B. A change of address for an Oklahoma driver license or state |
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2|identification card submitted by a registered voter shall also serve |
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3|as a change of address for voter registration purposes if the new |
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4|address is within the same county where the voter is registered to |
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5|vote. If the new address is outside the county where the voter is |
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6|currently registered to vote, the voter shall be sent a notice and |
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7|application with instructions for registering to vote at the new |
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8|address. A change of address for an Oklahoma driver license or |
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9|state identification card shall not be used to update a voter |
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10|registration address if the registrant states in writing that the |
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11|change of address is not for voter registration purposes. |
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12| C. Licensed operators shall receive fifty cents ($0.50) per |
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13|valid paper voter registration application or application for change |
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14|in voter registration taken by themselves and employees of the |
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15|licensed operator's office taken at the licensed operator's office, |
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16|payable by the State Election Board. |
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17| D. Service Oklahoma shall notify the Secretary of the State |
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18|Election Board of licensed operator appointments. Service Oklahoma |
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19|shall notify the Secretary of the State Election Board of licensed |
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20|operators qualified to issue driver licenses. |
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21| E. The Secretary of the State Election Board is authorized to |
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22|develop with Service Oklahoma a system to electronically transmit |
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23|voter registration applications from licensed operators to the State |
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24|Election Board or county election boards. Such system shall be |
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1|consistent with the requirements for electronic submission of voter |
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2|registration applications provided in Section 4-109.4 of this title. |
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3| F. 1. At least quarterly, Service Oklahoma shall transmit to |
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4|the Secretary of the State Election Board identifying information |
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5|that shall include the name, date of birth, residential address, and |
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6|mailing address, of all applicants or licensees who have provided an |
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7|individual tax identification number pursuant to Section 6-106 of |
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8|Title 47 of the Oklahoma Statutes. |
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9| 2. The Secretary of the State Election Board shall compare the |
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10|transmitted identifying information provided pursuant to paragraph 1 |
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11|of this subsection with the list of registered voters in each |
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12|county. The Secretary of the State Election Board shall notify the |
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13|secretary of any relevant county election board of any matches based |
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14|on the identifying information provided by Service Oklahoma. |
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15| 3. Upon receipt of notification from the Secretary of the State |
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16|Election Board pursuant to paragraph 2 of this subsection, the |
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17|secretary of the county election board shall notify the proper |
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18|authority pursuant to Section 16-123 of this title, to investigate |
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19|whether a violation related to voting crimes or voter registration |
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20|has occurred. |
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21| 4. The Secretary of the State Election Board shall not retain |
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22|the information provided pursuant to paragraph 1 of this subsection |
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23|after the completion of his or her duties pursuant to paragraph 2 of |
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24| |
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1|this subsection except as may be necessary when assisting with an |
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2|investigation. |
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3| G. The Secretary of the State Election Board shall promulgate |
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4|rules and procedures to implement the requirements of this section. |
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5| SECTION 4. AMENDATORY 47 O.S. 2021, Section 6-101, as |
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6|amended by Section 37, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, |
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7|Section 6-101), is amended to read as follows: |
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8| Section 6-101. A. No person, except those hereinafter |
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9|expressly exempted in Sections 6-102 and 6-102.1 of this title, |
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10|shall operate any motor vehicle upon a highway in this state unless |
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11|the person has a valid Oklahoma driver license for the class of |
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12|vehicle being operated under the provisions of this title. No |
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13|person shall be permitted to possess more than one valid license at |
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14|any time, except as provided in paragraph 4 of subsection F of this |
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15|section. |
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16| B. 1. No person shall operate a Class A commercial motor |
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17|vehicle unless the person is eighteen (18) years of age or older and |
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18|holds a valid Class A commercial license, except as provided in |
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19|paragraph 5 of this subsection and subsection F of this section. |
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20|Any person holding a valid Class A commercial license shall be |
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21|permitted to operate motor vehicles in Classes A, B, C and D, except |
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22|as provided for in paragraph 4 of this subsection. |
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23| 2. No person shall operate a Class B commercial motor vehicle |
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24|unless the person is eighteen (18) years of age or older and holds a |
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1|valid Class B commercial license, except as provided in paragraph 5 |
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2|of subsection F of this section. Any person holding a valid Class B |
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3|commercial license shall be permitted to operate motor vehicles in |
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4|Classes B, C and D, except as provided for in paragraph 4 of this |
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5|subsection. |
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6| 3. No person shall operate a Class C commercial motor vehicle |
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7|unless the person is eighteen (18) years of age or older and holds a |
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8|valid Class C commercial license, except as provided in subsection F |
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9|of this section. Any person holding a valid Class C commercial |
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10|license shall be permitted to operate motor vehicles in Classes C |
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11|and D, except as provided for in paragraph 4 of this subsection. |
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12| 4. No person under twenty-one (21) years of age shall be |
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13|licensed to operate any motor vehicle which is required to be |
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14|placarded for hazardous materials pursuant to 49 C.F.R., Part 172, |
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15|subpart F, except as provided in subsection F of this section; |
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16|provided, a person eighteen (18) years of age or older may be |
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17|licensed to operate a farm vehicle which is required to be placarded |
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18|for hazardous materials pursuant to 49 C.F.R., Part 172, subpart F, |
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19|except as provided in subsection F of this section. |
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20| 5. A person at least seventeen (17) years of age who |
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21|successfully completes all examinations required by law may be |
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22|issued by Service Oklahoma: |
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23| a. a restricted Class A commercial license which shall |
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24| grant to the licensee the privilege to operate a Class |
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1| A or Class B commercial motor vehicle for harvest |
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2| purposes or a Class D motor vehicle, or |
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3| b. a restricted Class B commercial license which shall |
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4| grant to the licensee the privilege to operate a Class |
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5| B commercial motor vehicle for harvest purposes or a |
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6| Class D motor vehicle. |
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7| 6. No person shall operate a Class D motor vehicle unless the |
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8|person is sixteen (16) years of age or older and holds a valid Class |
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9|D license, except as provided for in Section 6-102 or 6-105 of this |
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10|title. Any person holding a valid Class D license shall be |
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11|permitted to operate motor vehicles in Class D only. |
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12| C. Any person issued a driver license pursuant to this section |
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13|may exercise the privilege thereby granted upon all streets and |
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14|highways in this state. |
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15| D. No person shall operate a motorcycle or motor-driven cycle |
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16|without having a valid Class A, B, C or D license with a motorcycle |
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17|endorsement. Except as otherwise provided by law, any new applicant |
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18|for an original driver license shall be required to successfully |
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19|complete a written examination, vision examination and driving |
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20|examination for a motorcycle as prescribed by the Department of |
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21|Public Safety, in conjunction with Service Oklahoma, and a certified |
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22|state-approved motorcycle basic rider course approved by the |
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23|Department, in conjunction with Service Oklahoma, if the applicant |
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24|is seventeen (17) years of age or younger to be eligible for a |
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1|motorcycle endorsement thereon. The written examination and driving |
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2|examination for a motorcycle shall be waived by Service Oklahoma |
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3|upon verification that the person has successfully completed a |
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4|certified Motorcycle Safety Foundation rider course approved by the |
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5|Department, in conjunction with Service Oklahoma. |
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6| E. Except as otherwise provided by law, any person who lawfully |
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7|possesses a valid Oklahoma driver license which is eligible for |
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8|renewal shall be required to successfully complete a written |
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9|examination, vision examination and driving examination for a |
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10|motorcycle as prescribed by the Department, in conjunction with |
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11|Service Oklahoma, and a certified state-approved motorcycle basic |
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12|rider course approved by the Department, in conjunction with Service |
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13|Oklahoma, if the person is seventeen (17) years of age or younger to |
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14|be eligible for a motorcycle endorsement. The written examination |
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15|and driving examination for a motorcycle shall be waived by Service |
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16|Oklahoma upon verification that the person has successfully |
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17|completed a certified Motorcycle Safety Foundation rider course |
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18|approved by the Department, in conjunction with Service Oklahoma. |
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19| F. 1. Any person eighteen (18) years of age or older may apply |
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20|for a restricted Class A, B or C commercial learner permit. Service |
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21|Oklahoma, after the applicant has passed all parts of the |
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22|examination for a Class D license and has successfully passed all |
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23|parts of the examination for a Class A, B or C commercial license |
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24|other than the driving examination, may issue to the applicant a |
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1|commercial learner permit which shall entitle the person having |
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2|immediate lawful possession of the commercial learner permit and a |
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3|valid Oklahoma driver license or provisional driver license pursuant |
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4|to Section 6-212 of this title to operate a Class A, B or C |
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5|commercial motor vehicle upon the public highways solely for the |
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6|purpose of behind-the-wheel training in accordance with rules |
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7|promulgated by the Department, in conjunction with Service Oklahoma. |
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8| 2. This commercial learner permit shall be issued for a period |
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9|as provided in Section 6-115 of this title of one hundred eighty |
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10|(180) days, which may be renewed one time for an additional one |
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11|hundred eighty (180) days; provided, such commercial learner permit |
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12|may be suspended, revoked, canceled, denied or disqualified at the |
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13|discretion of the Department, with notice to Service Oklahoma, for |
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14|violation of the restrictions, for failing to give the required or |
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15|correct information on the application or for violation of any |
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16|traffic laws of this state pertaining to the operation of a motor |
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17|vehicle. Except as otherwise provided, the lawful possessor of a |
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18|commercial learner permit who has been issued a commercial learner |
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19|permit for a minimum of fourteen (14) days may have the restriction |
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20|requiring an accompanying driver removed by satisfactorily |
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21|completing a driver's examination; provided, the removal of a |
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22|restriction shall not authorize the operation of a Class A, B or C |
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23|commercial motor vehicle if such operation is otherwise prohibited |
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24|by law. |
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1| 3. No person shall apply for and Service Oklahoma shall not |
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2|issue an original Class A, B or C driver license until the person |
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3|has been issued a commercial learner permit and held the permit for |
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4|at least fourteen (14) days. Any person who currently holds a Class |
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5|B or C license and who wishes to apply for another class of |
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6|commercial driver license shall be required to apply for a |
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7|commercial learner permit and to hold the permit for at least |
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8|fourteen (14) days before applying for the Class A or B license, as |
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9|applicable. Any person who currently holds a Class A, B or C |
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10|license and who wishes to add an endorsement or remove a restriction |
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11|for which a skills examination is required shall be required to |
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12|apply for a commercial learner permit and to hold the permit for at |
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13|least fourteen (14) days before applying for the endorsement. |
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14| 4. A commercial learner permit shall be issued by Service |
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15|Oklahoma as a separate and unique document which shall be valid only |
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16|in conjunction with a valid Oklahoma driver license or provisional |
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17|driver license pursuant to Section 6-212 of this title, both of |
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18|which shall be in the possession of the person to whom they have |
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19|been issued whenever that person is operating a commercial motor |
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20|vehicle as provided in this subsection. |
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21| 5. After one renewal of a commercial learner permit, as |
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22|provided in paragraph 2 of this subsection, a commercial permit |
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23|shall not be renewed again. Any person who has held a commercial |
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24|learner permit for the initial issuance period and one renewal |
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1|period shall not be eligible for and Service Oklahoma shall not |
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2|issue another renewal of the permit; provided, the person may |
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3|reapply for a new commercial learner permit, as provided for in this |
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4|subsection. |
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5| G. 1. For purposes of this title: |
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6| a. "REAL ID Compliant Driver License" or "Identification |
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7| Card" means a driver license or identification card |
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8| issued by the State of Oklahoma that has been |
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9| certified by the United States Department of Homeland |
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10| Security (USDHS) as compliant with the requirements of |
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11| the REAL ID Act of 2005, Public Law No. 109-13. A |
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12| REAL ID Compliant Driver License or Identification |
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13| Card and the process through which it is issued |
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14| incorporate a variety of security measures designed to |
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15| protect the integrity and trustworthiness of the |
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16| license or card. A REAL ID Compliant Driver License |
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17| or Identification Card will be clearly marked on the |
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18| face indicating that it is a compliant document, and |
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19| b. "REAL ID Noncompliant Driver License" or |
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20| "Identification Card" means a driver license or |
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21| identification card issued by the State of Oklahoma |
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22| that has not been certified by the United States |
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23| Department of Homeland Security (USDHS) as being |
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24| compliant with the requirements of the REAL ID Act. A |
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1| REAL ID Noncompliant Driver License or Identification |
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2| Card will be clearly marked on the face indicating |
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3| that it is not compliant with the federal REAL ID Act |
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4| and is not acceptable for official federal purposes. |
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5| The driver license or identification card will have a |
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6| unique design or color indicator that clearly |
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7| distinguishes it from a compliant license or card. |
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8| 2. Original Driver License and Identification Card Issuance: |
| |
9| a. Application for an original REAL ID Compliant or REAL |
| |
10| ID Noncompliant Driver License or Identification Card |
| |
11| shall be made to Service Oklahoma. |
| |
12| b. Service Oklahoma employees shall perform all document |
| |
13| recognition and other requirements needed for approval |
| |
14| of an original REAL ID Compliant or REAL ID |
| |
15| Noncompliant Driver License or Identification Card |
| |
16| application. |
| |
17| c. Upon approval of an original REAL ID Compliant or |
| |
18| REAL ID Noncompliant Driver License or Identification |
| |
19| Card application, the applicant may take the approved |
| |
20| application document to a licensed operator to receive |
| |
21| a temporary driver license or identification card. |
| |
22| d. The licensed operator shall process the approved REAL |
| |
23| ID Compliant or REAL ID Noncompliant Driver License or |
| |
24| Identification Card application and upon payment shall |
| |
arsid8736048 HB2114 HFLR Page 16
___________________________________________________________________________
1| provide the applicant a temporary driver license or |
| |
2| identification card. A temporary driver license or |
| |
3| identification card shall afford the holder the |
| |
4| privileges otherwise granted by the specific class of |
| |
5| driver license or identification card for the period |
| |
6| of time listed on the temporary driver license or |
| |
7| identification card or the period of time prior to the |
| |
8| applicant receiving a REAL ID Compliant or REAL ID |
| |
9| Noncompliant Driver License or Identification Card, |
| |
10| whichever time period is shorter. |
| |
11| 3. REAL ID Compliant Driver License and Identification Card |
| |
12|Renewal and Replacement: |
| |
13| a. Application for renewal or replacement of a REAL ID |
| |
14| Compliant Driver License or Identification Card may be |
| |
15| made to Service Oklahoma or to a licensed operator; |
| |
16| provided, such licensed operator is authorized to |
| |
17| process application for REAL ID Compliant Driver |
| |
18| Licenses and Identification Cards. A licensed |
| |
19| operator may process the voluntary downgrade of a REAL |
| |
20| ID Compliant Commercial Driver License to any lower |
| |
21| class license upon request of the licensee; provided, |
| |
22| no additional endorsements or restrictions are placed |
| |
23| on the license. |
| |
24| |
| |
arsid8736048 HB2114 HFLR Page 17
___________________________________________________________________________
1| b. Service Oklahoma employees or authorized licensed |
| |
2| operators shall perform all document recognition and |
| |
3| other requirements needed for approval of a renewal or |
| |
4| replacement REAL ID Compliant Driver License or |
| |
5| Identification Card application. |
| |
6| c. Upon approval of a renewal or replacement REAL ID |
| |
7| Compliant Driver License or Identification Card |
| |
8| application, the applicant may receive a temporary |
| |
9| driver license or identification card from Service |
| |
10| Oklahoma or an authorized licensed operator. |
| |
11| d. A temporary driver license or identification card |
| |
12| acquired under the provisions of this paragraph shall |
| |
13| afford the holder the privileges otherwise granted by |
| |
14| the specific class of driver license or identification |
| |
15| card being renewed or replaced for the period of time |
| |
16| listed on the temporary driver license or |
| |
17| identification card or the period of time prior to the |
| |
18| applicant receiving a REAL ID Compliant Driver License |
| |
19| or Identification Card, whichever time period is |
| |
20| shorter. |
| |
21| e. For purposes of this title, an application for a REAL |
| |
22| ID Compliant Driver License or Identification Card by |
| |
23| an individual with a valid Oklahoma-issued driver |
| |
24| license or identification card shall be considered a |
| |
arsid8736048 HB2114 HFLR Page 18
___________________________________________________________________________
1| renewal of a REAL ID Compliant Driver License or |
| |
2| Identification Card. |
| |
3| 4. REAL ID Noncompliant Driver License and Identification Card |
| |
4|Renewal and Replacement: |
| |
5| a. Application for renewal or replacement of a REAL ID |
| |
6| Noncompliant Driver License or Identification Card may |
| |
7| be made to Service Oklahoma or to a licensed operator. |
| |
8| A licensed operator may process the voluntary |
| |
9| downgrade of a REAL ID Noncompliant Commercial Driver |
| |
10| License to any lower class license upon request of the |
| |
11| licensee; provided, no additional endorsements or |
| |
12| restrictions are added to the license. |
| |
13| b. Service Oklahoma employees or licensed operators |
| |
14| shall perform all document recognition and other |
| |
15| requirements needed for approval of a renewal or |
| |
16| replacement REAL ID Noncompliant Driver License or |
| |
17| Identification Card application. |
| |
18| c. Upon approval of a renewal or replacement REAL ID |
| |
19| Noncompliant Driver License or Identification Card |
| |
20| application, the applicant may receive a temporary |
| |
21| driver license or identification card from Service |
| |
22| Oklahoma or a licensed operator. |
| |
23| d. A temporary driver license or identification card |
| |
24| acquired under the provisions of this paragraph shall |
| |
arsid8736048 HB2114 HFLR Page 19
___________________________________________________________________________
1| afford the holder the privileges otherwise granted by |
| |
2| the specific class of driver license or identification |
| |
3| card being renewed or replaced for the period of time |
| |
4| listed on the temporary driver license or |
| |
5| identification card or the period of time prior to the |
| |
6| applicant receiving a REAL ID Noncompliant Driver |
| |
7| License or Identification Card, whichever time period |
| |
8| is shorter. |
| |
9| H. 1. The fee charged for an approved application for an |
| |
10|original Oklahoma REAL ID Compliant or REAL ID Noncompliant Driver |
| |
11|License or an approved application for the addition of an |
| |
12|endorsement to a current valid Oklahoma REAL ID Compliant or REAL ID |
| |
13|Noncompliant Driver License shall be assessed in accordance with the |
| |
14|following schedule: |
| |
15| Class A Commercial Learner |
| |
16| Permit $25.00 |
| |
17| Class A Commercial License $25.00 |
| |
18| Class B Commercial Learner |
| |
19| Permit $15.00 |
| |
20| Class B Commercial License $15.00 |
| |
21| Class C Commercial Learner |
| |
22| Permit $15.00 |
| |
23| Class C Commercial License $15.00 |
| |
24| Class D License $ 4.00 |
| |
arsid8736048 HB2114 HFLR Page 20
___________________________________________________________________________
1| Motorcycle Endorsement $ 4.00 |
| |
2| 2. Notwithstanding the provisions of Section 1104 of this |
| |
3|title, all monies collected from the fees charged for Class A, B and |
| |
4|C commercial licenses pursuant to the provisions of this subsection |
| |
5|shall be deposited in the General Revenue Fund of this state. |
| |
6| I. The fee charged for any failed examination shall be Four |
| |
7|Dollars ($4.00) for any license classification. Notwithstanding the |
| |
8|provisions of Section 1104 of this title, all monies collected from |
| |
9|such examination fees pursuant to the provisions of this subsection |
| |
10|shall be deposited in the General Revenue Fund of this state. |
| |
11| J. In addition to any fee charged pursuant to the provisions of |
| |
12|subsection H of this section, the fee charged for the issuance or |
| |
13|renewal of a REAL ID Noncompliant Driver License shall be in |
| |
14|accordance with the following schedule; provided, that any applicant |
| |
15|who has a CDL Commercial Driver License Learner Permit shall be |
| |
16|charged only the replacement fee for the issuance of the license: |
| |
17| License Class 4-year 8-year |
| |
18| Class A Commercial Learner |
| |
19| Permit $56.50 $113.00 |
| |
20| Class A Commercial License $56.50 $113.00 |
| |
21| Class B Commercial Learner |
| |
22| Permit $56.50 $113.00 |
| |
23| Class B Commercial License $56.50 $113.00 |
| |
24| |
| |
arsid8736048 HB2114 HFLR Page 21
___________________________________________________________________________
1| Class C Commercial Learner |
| |
2| Permit $46.50 $93.00 |
| |
3| Class C Commercial License $46.50 $93.00 |
| |
4| Class D License $38.50 $77.00 |
| |
5| Class D License ITIN $38.50 n/a |
| |
6| In addition to the cost of the issuance or renewal of a Class D |
| |
7|License as provided in this subsection, a person applying for the |
| |
8|issuance or renewal of a REAL ID Noncompliant Driver License, |
| |
9|pursuant to the provisions of paragraph 9 of subsection A of Section |
| |
10|6-103 of this title, who provides an individual tax identification |
| |
11|number (ITIN) shall pay an additional Fifty Dollars ($50.00) for a |
| |
12|total cost of Eighty-eight Dollars and fifty cents ($88.50). The |
| |
13|Fifty Dollar ($50.00) fee paid by an applicant or licensee providing |
| |
14|an ITIN shall be deposited into the Service Oklahoma Revolving Fund. |
| |
15| K. In addition to any fee charged pursuant to the provisions of |
| |
16|subsection H of this section, the fee charged for the issuance or |
| |
17|renewal of a REAL ID Compliant Driver License shall be in accordance |
| |
18|with the following schedule; provided, that any applicant who has a |
| |
19|CDL Commercial Driver License Learner Permit shall be charged only |
| |
20|the replacement fee for the issuance of the license: |
| |
21| License Class 4-year 8-year |
| |
22| REAL ID Compliant Class A |
| |
23| Commercial Learner Permit |
| |
24| $56.50 $113.00 |
| |
arsid8736048 HB2114 HFLR Page 22
___________________________________________________________________________
1| REAL ID Compliant Class A |
| |
2| Commercial License $56.50 $113.00 |
| |
3| REAL ID Compliant Class B |
| |
4| Commercial Learner Permit |
| |
5| $56.50 $113.00 |
| |
6| REAL ID Compliant Class B |
| |
7| Commercial License $56.50 $113.00 |
| |
8| REAL ID Compliant Class C |
| |
9| Commercial Learner Permit |
| |
10| $46.50 $93.00 |
| |
11| REAL ID Compliant Class C |
| |
12| Commercial License $46.50 $93.00 |
| |
13| REAL ID Compliant Class D |
| |
14| License $38.50 $77.00 |
| |
15| L. A commercial learner permit may be renewed one time for a |
| |
16|period of one hundred eighty (180) days. The cost for the renewed |
| |
17|permit shall be the same as for the original permit. |
| |
18| M. Notwithstanding the provisions of Section 1104 of this |
| |
19|title, of each fee charged pursuant to the provisions of subsections |
| |
20|J, K and L of this section: |
| |
21| 1. Five Dollars and fifty cents ($5.50) of a 4-year license or |
| |
22|Eleven Dollars ($11.00) of an 8-year license shall be deposited to |
| |
23|the Trauma Care Assistance Revolving Fund created in Section |
| |
24|1-2530.9 of Title 63 of the Oklahoma Statutes; |
| |
arsid8736048 HB2114 HFLR Page 23
___________________________________________________________________________
1| 2. Six Dollars and seventy-five cents ($6.75) of a 4-year |
| |
2|license or Thirteen Dollars and fifty cents ($13.50) of an 8-year |
| |
3|license shall be deposited to the Department of Public Safety |
| |
4|Computer Imaging System Revolving Fund to be used solely for the |
| |
5|purpose of administration and maintenance of the computerized |
| |
6|imaging system of the Department through October 31, 2022. |
| |
7|Beginning November 1, 2022, Six Dollars and seventy-five cents |
| |
8|($6.75) of a 4-year license or Thirteen Dollars and fifty cents |
| |
9|($13.50) of an 8-year license shall be deposited to the Service |
| |
10|Oklahoma Computer Imaging System Revolving Fund to be used solely |
| |
11|for the purpose of administration and maintenance of the |
| |
12|computerized imaging system of Service Oklahoma; |
| |
13| 3. Ten Dollars ($10.00) of a 4-year license or Twenty Dollars |
| |
14|($20.00) of an 8-year license shall be deposited to the Department |
| |
15|of Public Safety Revolving Fund for all original or renewal |
| |
16|issuances of licenses through October 31, 2022. Beginning November |
| |
17|1, 2022, Ten Dollars ($10.00) of a 4-year license or Twenty Dollars |
| |
18|($20.00) of an 8-year license shall be deposited to the Service |
| |
19|Oklahoma Revolving Fund for all original or renewal issuances of |
| |
20|licenses; and |
| |
21| 4. Five Dollars ($5.00) of a 4-year license or Six Dollars |
| |
22|($6.00) of an 8-year license shall be deposited to the State Public |
| |
23|Safety Fund created in Section 2-147 of this title. |
| |
24| |
| |
arsid8736048 HB2114 HFLR Page 24
___________________________________________________________________________
1| N. All original and renewal driver licenses shall expire as |
| |
2|provided in Section 6-115 of this title. |
| |
3| O. Any person sixty-two (62) years of age or older during the |
| |
4|calendar year of issuance or renewal of a Class D license or |
| |
5|motorcycle endorsement shall be charged the following prorated fee: |
| |
6| 4-year 8-year |
| |
7| Age 62 $21.25 $42.50 |
| |
8| Age 63 $17.50 $35.00 |
| |
9| Age 64 $13.75 $27.50 |
| |
10| Age 65 -0- |
| |
11| P. No person who has been honorably discharged from active |
| |
12|service in any branch of the Armed Forces of the United States or |
| |
13|Oklahoma National Guard and who has been certified by the United |
| |
14|States Department of Veterans Affairs, its successor or the Armed |
| |
15|Forces of the United States to be a disabled veteran in receipt of |
| |
16|compensation at the one-hundred-percent rate for a permanent |
| |
17|disability sustained through military action or accident resulting |
| |
18|from disease contracted while in such active service and registered |
| |
19|with the veterans registry created by the Oklahoma Department of |
| |
20|Veterans Affairs shall be charged a fee for the issuance, |
| |
21|replacement or renewal of an Oklahoma driver license; provided, that |
| |
22|if a veteran has been previously exempt from a fee pursuant to this |
| |
23|subsection, no registration with the veterans registry shall be |
| |
24|required. |
| |
arsid8736048 HB2114 HFLR Page 25
___________________________________________________________________________
1| Q. In accordance with the provisions of subsection G of this |
| |
2|section, Service Oklahoma is authorized to promulgate rules for the |
| |
3|issuance and renewal of driver licenses authorized pursuant to the |
| |
4|provisions of Sections 6-101 through 6-309 of this title; provided, |
| |
5|that no such rules applicable to the issuance or renewal of REAL ID |
| |
6|Noncompliant Driver Licenses shall create more stringent standards |
| |
7|than such rules applicable as of January 1, 2017, unless directly |
| |
8|related to a specific change in statutory law concerning standards |
| |
9|for REAL ID Noncompliant Driver Licenses. Applications, upon forms |
| |
10|approved by Service Oklahoma, for such licenses shall be handled, in |
| |
11|accordance with the provisions of subsection G of this section, by |
| |
12|the licensed operator; provided, Service Oklahoma is authorized to |
| |
13|assume these duties in any county of this state. Each licensed |
| |
14|operator accepting applications for driver licenses shall receive |
| |
15|Six Dollars ($6.00) for a 4-year REAL ID Noncompliant Driver License |
| |
16|or Twelve Dollars ($12.00) for an 8-year REAL ID Noncompliant Driver |
| |
17|License or Ten Dollars ($10.00) for a 4-year REAL ID Compliant |
| |
18|Driver License or Twenty Dollars ($20.00) for an 8-year REAL ID |
| |
19|Compliant Driver License to be deducted from the total collected for |
| |
20|each license or renewal application accepted. The fees received by |
| |
21|the licensed operator, authorized by this subsection, shall be used |
| |
22|for operating expenses. |
| |
23| R. Notwithstanding the provisions of Section 1104 of this title |
| |
24|and subsection Q of this section and except as provided in |
| |
arsid8736048 HB2114 HFLR Page 26
___________________________________________________________________________
1|subsections H and M of this section, the first Sixty Thousand |
| |
2|Dollars ($60,000.00) of all monies collected pursuant to this |
| |
3|section shall be paid by the Oklahoma Tax Commission to the State |
| |
4|Treasurer to be deposited in the General Revenue Fund of the State |
| |
5|Treasury. |
| |
6| The next Five Hundred Thousand Dollars ($500,000.00) of monies |
| |
7|collected pursuant to this section shall be paid by the Tax |
| |
8|Commission to the State Treasurer to be deposited each fiscal year |
| |
9|under the provisions of this section to the credit of the Department |
| |
10|of Public Safety Restricted Revolving Fund for the purpose of the |
| |
11|Statewide Law Enforcement Communications System. All other monies |
| |
12|collected in excess of Five Hundred Sixty Thousand Dollars |
| |
13|($560,000.00) each fiscal year shall be apportioned as provided in |
| |
14|Section 1104 of this title, except as otherwise provided in this |
| |
15|section. |
| |
16| S. Service Oklahoma shall retain the images displayed on |
| |
17|licenses and identification cards issued pursuant to the provisions |
| |
18|of Sections 6-101 through 6-309 of this title which may be used |
| |
19|only: |
| |
20| 1. By a law enforcement agency for purposes of criminal |
| |
21|investigations, missing person investigations or any law enforcement |
| |
22|purpose which is deemed necessary by the Commissioner of Public |
| |
23|Safety; |
| |
24| |
| |
arsid8736048 HB2114 HFLR Page 27
___________________________________________________________________________
1| 2. By the driver licensing agency of another state for its |
| |
2|official purpose; and |
| |
3| 3. As provided in Section 2-110 of this title. |
| |
4| All agencies approved by the Oklahoma Law Enforcement |
| |
5|Telecommunications System (OLETS) or the National Law Enforcement |
| |
6|Telecommunications System (NLETS) to receive photographs or |
| |
7|computerized images may obtain them through OLETS or through NLETS. |
| |
8|Photographs or computerized images may be obtained by law |
| |
9|enforcement one inquiry at a time. |
| |
10| The computer system and related equipment acquired for this |
| |
11|purpose must conform to industry standards for interoperability and |
| |
12|open architecture. The Department of Public Safety may promulgate |
| |
13|rules to implement the provisions of this subsection. |
| |
14| T. No person may hold more than one state-issued or |
| |
15|territory-issued REAL ID Compliant Driver License or REAL ID |
| |
16|Compliant Identification Card from Oklahoma or any other state or |
| |
17|territory. Service Oklahoma shall not issue a REAL ID Compliant |
| |
18|Driver License to a person who has been previously issued a REAL ID |
| |
19|Compliant Driver License or REAL ID Compliant Identification Card |
| |
20|until such license or identification card has been surrendered to |
| |
21|Service Oklahoma by the applicant. Service Oklahoma may promulgate |
| |
22|rules related to the issuance of replacement REAL ID Compliant |
| |
23|Driver Licenses in the event of loss or theft. |
| |
24| |
| |
arsid8736048 HB2114 HFLR Page 28
___________________________________________________________________________
1| U. Upon the effective date of this act Beginning on May 24, |
| |
2|2021, and ending on April 30, 2023, in addition to the amounts |
| |
3|provided in subsection Q of this section, a licensed operator shall |
| |
4|receive Five Dollars ($5.00) for each processed application for a |
| |
5|REAL ID Compliant 4-year Driver License and Ten Dollars ($10.00) for |
| |
6|each processed application for a REAL ID Compliant 8-year Driver |
| |
7|License. Any additional amounts provided pursuant to this |
| |
8|subsection shall not be retained by Service Oklahoma. |
| |
9| SECTION 5. AMENDATORY 47 O.S. 2021, Section 6-103, as |
| |
10|amended by Section 40, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, |
| |
11|Section 6-103), is amended to read as follows: |
| |
12| Section 6-103. A. Except as otherwise provided by law, Service |
| |
13|Oklahoma shall not issue a driver license to: |
| |
14| 1. Any person who is under eighteen (18) years of age, except |
| |
15|that Service Oklahoma may issue a Class D license to any person who |
| |
16|attains sixteen (16) years of age on or after August 15, 2000, and |
| |
17|meets the requirements of Sections Section 6-105 and 6-107.3 of this |
| |
18|title; |
| |
19| 2. Any unemancipated person who is under eighteen (18) years of |
| |
20|age and whose custodial legal parent or legal guardian does not |
| |
21|approve the issuance of a license as required by Section 6-110.2 of |
| |
22|this title or objects to the issuance of a license or permit by |
| |
23|filing an objection pursuant to Section 6-103.1 of this title; |
| |
24| |
| |
arsid8736048 HB2114 HFLR Page 29
___________________________________________________________________________
1| 3. Any person whose driving privilege has been suspended, |
| |
2|revoked, canceled or denied in this state or any other state or |
| |
3|country until the driving privilege has been reinstated by the state |
| |
4|or country withdrawing the privilege; |
| |
5| 4. Any person who is classified as an excessive user of |
| |
6|alcohol, any other intoxicating substance, or a combination of |
| |
7|alcohol and any other intoxicating substance, and inimical to public |
| |
8|safety, in accordance with rules promulgated by the Department, |
| |
9|until all requirements granting or reinstating driving privileges |
| |
10|are met, including, but not limited to, abstinence from the use of |
| |
11|alcohol, any other intoxicating substance, or any combination of |
| |
12|alcohol and any other intoxicating substance for a minimum of either |
| |
13|twelve (12) months or eighteen (18) months, as determined by OAC |
| |
14|Oklahoma Administrative Code 595:10-5, immediately preceding |
| |
15|application for or application for reinstatement of driving |
| |
16|privileges; |
| |
17| 5. Any person who is required by Section 6-101 et seq. of this |
| |
18|title to take an examination, unless the person shall have |
| |
19|successfully passed the examination; |
| |
20| 6. Any person who is required under the laws of this state to |
| |
21|deposit proof of financial responsibility and who has not deposited |
| |
22|such proof; |
| |
23| 7. Any person who is physically deformed or who is afflicted |
| |
24|with any mental disease or physical condition that would impair the |
| |
arsid8736048 HB2114 HFLR Page 30
___________________________________________________________________________
1|driving ability of the person or when the Commissioner of Public |
| |
2|Safety, from information concerning the person or from the records |
| |
3|and reports on file in the Department of Public Safety, determines |
| |
4|that the operation of a motor vehicle by such person on the highways |
| |
5|would be inimical to public safety or welfare; |
| |
6| 8. Any person who is a nonresident, as defined in Section 1-137 |
| |
7|of this title; |
| |
8| 9. Any alien unless such person presents valid documentation of |
| |
9|identity and either: an authorization for presence in the United |
| |
10|States issued pursuant to the laws of the United States;, provided, |
| |
11|that no license shall be issued to any alien whose documentation |
| |
12|indicates the alien is a current visitor or is not eligible to |
| |
13|establish residency; or proof that the applicant is in compliance |
| |
14|with income tax laws of the State of Oklahoma; or |
| |
15| 10. Any person who possesses a valid license to operate a motor |
| |
16|vehicle issued by another state until the other state license has |
| |
17|been surrendered. |
| |
18| B. Any applicant who is denied a license under the provisions |
| |
19|of subsection A of this section shall have the right to an appeal as |
| |
20|provided in Section 6-211 of this title. |
| |
21| SECTION 6. AMENDATORY 47 O.S. 2021, Section 6-106, as |
| |
22|amended by Section 45, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, |
| |
23|Section 6-106), is amended to read as follows: |
| |
24| |
| |
arsid8736048 HB2114 HFLR Page 31
___________________________________________________________________________
1| Section 6-106. A. 1. Every application for a driver license |
| |
2|or identification card shall be made by the applicant upon a form |
| |
3|furnished by Service Oklahoma. |
| |
4| 2. Every original, renewal, or replacement application for a |
| |
5|driver license or identification card made by a male applicant who |
| |
6|is at least sixteen (16) but less than twenty-six (26) years of age |
| |
7|shall include a statement that by submitting the application, the |
| |
8|applicant is consenting to registration with the Selective Service |
| |
9|System. The pertinent information from the application shall be |
| |
10|forwarded by Service Oklahoma to the Data Management Center of the |
| |
11|Selective Service System in order to register the applicant as |
| |
12|required by law with the Selective Service System. Any applicant |
| |
13|refusing to sign the consent statement shall be denied a driver |
| |
14|license or identification card. |
| |
15| 3. Except as provided for in subsections G and H of this |
| |
16|section, every applicant for a driver license or identification card |
| |
17|shall provide to Service Oklahoma at the time of application a |
| |
18|document showing proof of identity. A valid passport or passport |
| |
19|card issued by the applicant's country of citizenship shall be an |
| |
20|acceptable form of proof of identity. Service Oklahoma shall |
| |
21|promulgate rules prescribing forms of primary and secondary |
| |
22|identification acceptable for an original Oklahoma driver license. |
| |
23| B. Every applicant for a driver license shall provide the |
| |
24|following information: |
| |
arsid8736048 HB2114 HFLR Page 32
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1| 1. Full name; |
| |
2| 2. Date of birth; |
| |
3| 3. Sex; |
| |
4| 4. Address of principal residence and county of such residence |
| |
5|which shall be referenced on the REAL ID Compliant Driver License or |
| |
6|Identification Card; proof of principal residency, as prescribed by |
| |
7|rules promulgated by Service Oklahoma, documenting provided address; |
| |
8| 5. Current and complete mailing address to be maintained by |
| |
9|Service Oklahoma for the purpose of giving notice, if necessary, as |
| |
10|required by Section 2-116 of this title; |
| |
11| 6. Medical information, as determined by the Department, which |
| |
12|shall assure Service Oklahoma that the person is not prohibited from |
| |
13|being licensed as provided by paragraph 7 of subsection A of Section |
| |
14|6-103 of this title; |
| |
15| 7. Whether the applicant is deaf or hard-of-hearing; |
| |
16| 8. A brief description of the applicant, as determined by the |
| |
17|Department; |
| |
18| 9. Whether the applicant has previously been licensed, and, if |
| |
19|so, when and by what state or country, and whether any license has |
| |
20|ever been suspended or revoked, or whether an application has ever |
| |
21|been refused, and, if so, the date of and reason for the suspension, |
| |
22|revocation or refusal; |
| |
23| |
| |
24| |
| |
arsid8736048 HB2114 HFLR Page 33
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1| 10. Whether the applicant is an alien eligible to be considered |
| |
2|for licensure and is not prohibited from licensure pursuant to |
| |
3|paragraph 9 of subsection A of Section 6-103 of this title; |
| |
4| 11. Whether the applicant has: |
| |
5| a. previously been licensed and, if so, when and by what |
| |
6| state or country, and |
| |
7| b. held more than one license at the same time during |
| |
8| the immediately preceding ten (10) years; and |
| |
9| 12. Social Security number or an individual tax identification |
| |
10|number issued by the United States Internal Revenue Service. |
| |
11|No person shall request Service Oklahoma to use the Social Security |
| |
12|number of that person as the driver license number. Upon renewal or |
| |
13|replacement of any driver license issued after the effective date of |
| |
14|this act July 1, 2001, the licensee shall advise Service Oklahoma or |
| |
15|the licensed operator if the present driver license number of the |
| |
16|licensee is the Social Security number of the licensee. If the |
| |
17|driver license number is the Social Security number, Service |
| |
18|Oklahoma or the licensed operator shall change the driver license |
| |
19|number to a computer-generated alphanumeric identification. An |
| |
20|applicant providing an individual tax identification number shall |
| |
21|not be eligible to be issued a commercial driver license or a voter |
| |
22|identification card. |
| |
23| C. 1. In addition to the requirements of subsections A and B |
| |
24|of this section, every applicant for a commercial driver license who |
| |
arsid8736048 HB2114 HFLR Page 34
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1|is subject to the requirements of 49 C.F.R., Part 391, and is |
| |
2|applying for an original, renewal, or replacement license, and every |
| |
3|person who, upon or after May 8, 2012, is currently the holder of a |
| |
4|commercial driver license and is subject to the requirements of 49 |
| |
5|C.F.R., Part 391, and who does not apply for a renewal or |
| |
6|replacement license prior to January 30, 2014, shall submit to |
| |
7|Service Oklahoma and maintain with Service Oklahoma a current |
| |
8|approved medical examination certificate signed by a licensed |
| |
9|physician authorized to perform and approve medical examination |
| |
10|certifications. Service Oklahoma shall adopt rules for maintaining |
| |
11|medical examination certificates pursuant to the requirements in 49 |
| |
12|C.F.R., Parts 383 and 384. Any commercial driver licensee subject |
| |
13|to the requirements of this paragraph who fails to maintain on file |
| |
14|with Service Oklahoma a current, approved medical examination |
| |
15|certificate shall have the driving privileges of the person |
| |
16|downgraded to a Class D driver license by Service Oklahoma. |
| |
17| 2. If the applicant is applying for an original commercial |
| |
18|driver license in Oklahoma or is transferring a commercial driver |
| |
19|license from another state to Oklahoma, Service Oklahoma shall |
| |
20|review the driving record of the applicant in other states for the |
| |
21|immediately preceding ten (10) years, unless the record review has |
| |
22|already been performed by Service Oklahoma. As a result of the |
| |
23|review, if it is determined by Service Oklahoma that the applicant |
| |
24|is subject to a period of disqualification as prescribed by Section |
| |
arsid8736048 HB2114 HFLR Page 35
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1|6-205.2 of this title which has not yet been imposed, Service |
| |
2|Oklahoma shall impose the period of disqualification and the |
| |
3|applicant shall serve the period of disqualification before a |
| |
4|commercial driver license is issued to the applicant; provided, |
| |
5|nothing in this paragraph shall be construed to prevent the issuance |
| |
6|of a Class D driver license to the applicant. |
| |
7| 3. If the applicant has or is applying for a hazardous material |
| |
8|endorsement, the applicant shall submit to a security threat |
| |
9|assessment performed by the Transportation Security Administration |
| |
10|of the Department of Homeland Security as required by and pursuant |
| |
11|to 49 C.F.R., Part 1572, which shall be used to determine whether |
| |
12|the applicant is eligible for the endorsement pursuant to federal |
| |
13|law and regulation. |
| |
14| 4. Service Oklahoma shall notify each commercial driving school |
| |
15|of the passage of this section, and each commercial driving school |
| |
16|shall notify prospective students of its school of the hazardous |
| |
17|material endorsement requirement. |
| |
18| D. In addition to the requirements of subsections A and B of |
| |
19|this section, every applicant shall be given an option on the |
| |
20|application for issuance of a driver license or identification card |
| |
21|or renewal pursuant to Section 6-115 of this title to provide an |
| |
22|emergency contact person. The emergency contact information |
| |
23|requested may include full name, address, and phone number. The |
| |
24|emergency contact information shall be maintained by Service |
| |
arsid8736048 HB2114 HFLR Page 36
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1|Oklahoma and shall be used by Service Oklahoma and law enforcement |
| |
2|for emergency purposes only. A person listed as an emergency |
| |
3|contact may request to be removed at any time. Any update to a |
| |
4|change of name, address, or phone number may be made by the |
| |
5|applicant listing the emergency contact person or by the person |
| |
6|listed as the emergency contact. |
| |
7| E. Whenever application is received from a person previously |
| |
8|licensed in another jurisdiction, Service Oklahoma shall request a |
| |
9|copy of the driving record from the other jurisdiction and, |
| |
10|effective September 1, 2005, from all other jurisdictions in which |
| |
11|the person was licensed within the immediately previous ten (10) |
| |
12|years. When received, the driving record shall become a part of the |
| |
13|driving record of the person in this state with the same force and |
| |
14|effect as though entered on the driver's record in this state in the |
| |
15|original instance. |
| |
16| F. Whenever Service Oklahoma receives a request for a driving |
| |
17|record from another licensing jurisdiction, the record shall be |
| |
18|forwarded without charge. |
| |
19| G. A person shall not apply for or possess more than one |
| |
20|state-issued or territory-issued REAL ID Compliant Driver License or |
| |
21|Identification Card pursuant to the provisions of Section 6-101 of |
| |
22|this title. A valid and unexpired Oklahoma driver license shall |
| |
23|serve as both primary and secondary proofs of identity whenever |
| |
24|application for a REAL ID Noncompliant Identification Card is |
| |
arsid8736048 HB2114 HFLR Page 37
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1|submitted to Service Oklahoma. The provisions of subsection B of |
| |
2|Section 1550.42 of Title 21 of the Oklahoma Statutes shall not apply |
| |
3|when issuing an identification card pursuant to the provisions of |
| |
4|this subsection. Service Oklahoma shall promulgate rules necessary |
| |
5|to implement and administer the provisions of this subsection. |
| |
6| H. A valid and unexpired U.S. passport shall serve as both |
| |
7|primary and secondary proofs of identity whenever application for a |
| |
8|driver license or identification card is submitted to the |
| |
9|Department. Service Oklahoma shall promulgate rules necessary to |
| |
10|implement and administer the provisions of this subsection. |
| |
11| SECTION 7. AMENDATORY 47 O.S. 2021, Section 6-114, as |
| |
12|amended by Section 54, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, |
| |
13|Section 6-114), is amended to read as follows: |
| |
14| Section 6-114. A. 1. In the event that a driver license is |
| |
15|lost, destroyed, or requires the updating of any information, |
| |
16|restriction or endorsement displayed thereon, the person to whom |
| |
17|such license was issued may obtain a replacement thereof pursuant to |
| |
18|the provisions of subsection G of Section 6-101 of this title, and |
| |
19|upon payment of the required fee. If the person is an alien, the |
| |
20|person shall appear before Service Oklahoma or a licensed operator |
| |
21|and, after furnishing primary and secondary proofs of identity as |
| |
22|required in this section, shall be issued a replacement driver |
| |
23|license for a period which does not exceed the lesser of: |
| |
24| a. the expiration date of the license being replaced, or |
| |
arsid8736048 HB2114 HFLR Page 38
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1| |
| |
2| b. the expiration date on the valid documentation |
| |
3| authorizing the presence of the person in the United |
| |
4| States, as required by paragraph 9 of subsection A of |
| |
5| Section 6-103 of this title. |
| |
6|
1| the Ten Dollars ($10.00) shall be credited to the |
| |
2| Service Oklahoma Revolving Fund, |
| |
3| e. Three Dollars ($3.00) shall be deposited to the State |
| |
4| Public Safety Fund created in Section 2-147 of this |
| |
5| title, and |
| |
6| f. (1) Two Dollars ($2.00) of the fee authorized by this |
| |
7| paragraph related to the replacement of a driver |
| |
8| license by a licensed operator that does not |
| |
9| process approved applications or renewals for |
| |
10| REAL ID Compliant Driver Licenses or |
| |
11| Identification Cards shall be deposited, in |
| |
12| addition to the amount authorized by subparagraph |
| |
13| e of this paragraph, to the State Public Safety |
| |
14| Fund created in Section 2-147 of this title, or |
| |
15| (2) Two Dollars ($2.00) of the fee authorized by |
| |
16| this paragraph related to the replacement of a |
| |
17| driver license by a licensed operator that does |
| |
18| process approved applications or renewals for |
| |
19| REAL ID Compliant Driver Licenses or |
| |
20| Identification Cards shall be retained by the |
| |
21| licensed operator. |
| |
22| 3. Service Oklahoma shall promulgate rules prescribing forms of |
| |
23|primary and secondary identification acceptable for replacement of |
| |
24|an Oklahoma driver license; provided, however, a valid and unexpired |
| |
arsid8736048 HB2114 HFLR Page 40
___________________________________________________________________________
1|U.S. passport shall be acceptable as both primary and secondary |
| |
2|identification. |
| |
3| B. Any person desiring to add or remove an endorsement or |
| |
4|endorsements or a restriction or restrictions to any existing driver |
| |
5|license, when authorized by Service Oklahoma, shall obtain a |
| |
6|replacement license with the endorsement or endorsements or the |
| |
7|restriction or restrictions change thereon and shall be charged the |
| |
8|fee for a replacement license as provided in subsection A of this |
| |
9|section. |
| |
10| SECTION 8. AMENDATORY 47 O.S. 2021, Section 6-115, as |
| |
11|amended by Section 55, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, |
| |
12|Section 6-115), is amended to read as follows: |
| |
13| Section 6-115. A. Except as otherwise provided in this |
| |
14|section, every driver license shall be issued for a period of either |
| |
15|four (4) years or eight (8) years; provided, if the applicant or |
| |
16|licensee is an alien provides an individual tax identification |
| |
17|number pursuant to Section 6-106 of this title, the license shall be |
| |
18|issued for a period which does not exceed the lesser of: four (4) |
| |
19|years |
| |
20| 1. Four (4) years or eight (8) years; or |
| |
21| 2. The expiration date on the valid documentation authorizing |
| |
22|the presence of the applicant or licensee in the United States, as |
| |
23|required by paragraph 9 of subsection A of Section 6-103 of this |
| |
24|title. |
| |
arsid8736048 HB2114 HFLR Page 41
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1| B. Except as otherwise provided in this section, the expiration |
| |
2|date of an initial license shall be no more than either four (4) |
| |
3|years or eight (8) years from the last day of the month of issuance |
| |
4|or no more than either four (4) years or eight (8) years from the |
| |
5|last day of the birth month of the applicant immediately preceding |
| |
6|the date of issuance, if requested by the applicant. |
| |
7| C. Except as otherwise provided in this section, the expiration |
| |
8|date of a renewal license shall be: |
| |
9| 1. For a renewal during the month of expiration, either four |
| |
10|(4) years or eight (8) years from the last day of the month of |
| |
11|expiration of the expiring license or either four (4) or eight (8) |
| |
12|years from the last day of the birth month of the licensee |
| |
13|immediately preceding the expiration date of the expiring license, |
| |
14|if requested by the licensee; or |
| |
15| 2. For a renewal prior to the month of expiration, as provided |
| |
16|by rule of Service Oklahoma, either four (4) or eight (8) years from |
| |
17|the last day of the month of expiration of the current license; |
| |
18|provided, no license shall be issued with an expiration date of more |
| |
19|than five (5) years from the date of renewal on a four (4) year |
| |
20|license or nine (9) years from the date of renewal on an eight (8) |
| |
21|year license. |
| |
22| D. Notwithstanding the provisions of subsection E of Section |
| |
23|1550.42 of Title 21 of the Oklahoma Statutes, any Oklahoma driver |
| |
24|license that is not more than one (1) year past the date of |
| |
arsid8736048 HB2114 HFLR Page 42
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1|expiration provided on the driver license shall be presumed to be a |
| |
2|valid form of identification for the purposes of renewing an |
| |
3|Oklahoma driver license. |
| |
4| E. Except as otherwise provided in this section, every driver |
| |
5|license shall be renewable by the licensee upon application to |
| |
6|either Service Oklahoma or a licensed operator, furnishing the |
| |
7|current mailing address of the person and payment of the required |
| |
8|fee, if the person is otherwise eligible for renewal. If the |
| |
9|licensee is an alien applicant that was previously issued a driver |
| |
10|license after having provided proof of filing a state tax return |
| |
11|pursuant to subsection A of Section 6-103 of this title and an |
| |
12|individual tax identification number pursuant to subsection B of |
| |
13|Section 6-106 of this title, the licensee shall appear before a |
| |
14|driver license examiner of Service Oklahoma and shall be issued a |
| |
15|renewal driver license for a period which does not exceed the lesser |
| |
16|of: |
| |
17| 1. Four (4) years or eight (8) years; or |
| |
18| 2. The expiration date on the valid documentation authorizing |
| |
19|the presence of the applicant or licensee in the United States, as |
| |
20|required by paragraph 9 of subsection A of Section 6-103 of this |
| |
21|title or a licensed operator, whereupon he or she shall provide |
| |
22|proof of having filed a state tax return for each year between the |
| |
23|date of issuance of the license and for the year prior to the |
| |
24|expiration of the license. |
| |
arsid8736048 HB2114 HFLR Page 43
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1| F. All applicants for renewals of driver licenses who have |
| |
2|proven collision records or apparent physical defects may be |
| |
3|required to take an examination as specified by Service Oklahoma. |
| |
4| G. When a person makes application for a driver license, or |
| |
5|makes application to renew a driver license, and the person has been |
| |
6|convicted of, or received a deferred judgment for, any offense |
| |
7|required to register pursuant to the Sex Offenders Registration Act, |
| |
8|the driver license shall be valid for a period of one (1) year from |
| |
9|the month of issuance, but may be renewed yearly during the time the |
| |
10|person is registered on the Sex Offender Registry. Notwithstanding |
| |
11|any other provision of law, the cost for such license shall be the |
| |
12|same as for other driver licenses and renewals. |
| |
13| H. Service Oklahoma shall promulgate rules prescribing forms of |
| |
14|identification acceptable for the renewal of an Oklahoma driver |
| |
15|license. |
| |
16| SECTION 9. AMENDATORY 47 O.S. 2021, Section 6-122, as |
| |
17|amended by Section 62, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, |
| |
18|Section 6-122), is amended to read as follows: |
| |
19| Section 6-122. Service Oklahoma may develop procedures whereby |
| |
20|driver licenses issued under the provisions of Section 6-101 et seq. |
| |
21|of this title may be renewed or replaced by the applicant by mail or |
| |
22|online except for licenses to be renewed or replaced by aliens by |
| |
23|applicants having previously provided proof of having filed a state |
| |
24|tax return and an individual tax identification number as prescribed |
| |
arsid8736048 HB2114 HFLR Page 44
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1|by subsection E of Section 6-115 of this title. Any license issued |
| |
2|pursuant to this section shall be valid for a period as prescribed |
| |
3|in Section 6-115 of this title. Service Oklahoma shall not renew or |
| |
4|replace a license by mail or online unless the immediately preceding |
| |
5|issuance, renewal or replacement was done in person by the |
| |
6|applicant. |
| |
7| Provided, any person or the spouse or dependent of a person: |
| |
8| 1. Who is on active duty with the Armed Forces of the United |
| |
9|States; or |
| |
10| 2. Who is currently employed as a civilian contractor with the |
| |
11|Armed Forces of the United States, |
| |
12|living outside of Oklahoma and having a valid Class D driver license |
| |
13|issued by the State of Oklahoma, requiring no material change, may |
| |
14|apply for no more than three consecutive renewals or replacement of |
| |
15|such license by mail or online, in accordance with Service Oklahoma |
| |
16|rules. A fourth consecutive renewal or replacement must be done in |
| |
17|person. |
| |
18| SECTION 10. NEW LAW A new section of law to be codified |
| |
19|in the Oklahoma Statutes as Section 6-125 of Title 47, unless there |
| |
20|is created a duplication in numbering, reads as follows: |
| |
21| A. Service Oklahoma shall make space available in the upper |
| |
22|left-hand corner of the front of a driver license issued to an |
| |
23|applicant that provided an individual tax identification number, for |
| |
24|the letters "N.R.", which shall be designed by Service Oklahoma and |
| |
arsid8736048 HB2114 HFLR Page 45
___________________________________________________________________________
1|shall serve as a notation of status as a non-resident of the United |
| |
2|States. |
| |
3| B. An applicant or licensee who provides an individual tax |
| |
4|identification number to Service Oklahoma or a licensed operator |
| |
5|shall be prohibited from receiving voter registration services as |
| |
6|described in subsection A of Section 4-109.3 of Title 26 of the |
| |
7|Oklahoma Statutes. |
| |
8| SECTION 11. This act shall become effective November 1, 2023. |
| |
9| |
| |
10|COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated |
|03/06/2023 - DO PASS, As Amended and Coauthored. |
11| |
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12| |
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13| |
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14| |
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15| |
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16| |
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17| |
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18| |
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19| |
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20| |
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21| |
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22| |
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23| |
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24| |
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arsid8736048 HB2114 HFLR Page 46
