1| SENATE FLOOR VERSION |
| April 11, 2024 |
2| AS AMENDED |
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3|ENGROSSED HOUSE |
|BILL NO. 3000 By: Worthen of the House |
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| and |
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| Woods of the Senate |
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7| |
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8| [ driving under the influence Impaired Driving |
| Prevention Advisory Committee membership |
9| administrative support time frame procedure |
| responsibilities and duties plan reimbursement - |
10| Impaired Driver Accountability Program - fees - |
| medical exemption - name - rules - licensing - |
11| standards and conditions - education and training - |
| standards and qualifications codification - |
12| effective date ] |
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13| |
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14| |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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16| SECTION 1. NEW LAW A new section of law to be codified |
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17|in the Oklahoma Statutes as Section 6-212.7 of Title 47, unless |
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18|there is created a duplication in numbering, reads as follows: |
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19| A. There is hereby created the Impaired Driving Prevention |
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20|Advisory Committee. The Committee shall be comprised of: |
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21| 1. The Commissioner of Public Safety, or a designee, who shall |
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22|act as the Chair; |
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23| 2. The Chief of the Oklahoma Highway Patrol, or a designee; |
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24| 3. A member appointed by the District Attorneys Council; |
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1| 4. A member appointed by the Administrative Office of the |
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2|Courts; |
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3| 5. The Director of the Department of Mental Health and |
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4|Substance Abuse Services, or a designee; |
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5| 6. The Director of the Oklahoma State Bureau of Investigation, |
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6|or a designee; |
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7| 7. The Director of the Board of Tests for Alcohol and Drug |
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8|Influence, or a designee; |
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9| 8. The Director of the Oklahoma Highway Safety Office, or a |
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10|designee; |
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11| 9. The President of the Oklahoma Association of Chiefs of |
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12|Police, or a designee; |
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13| 10. The President of the Oklahoma Sheriff's Association, or a |
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14|designee; |
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15| 11. The Chief Executive Officer of Service Oklahoma, or a |
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16|designee; |
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17| 12. A member of the Board of Directors of Safety Advocacy For |
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18|Empowerment (SAFE); |
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19| 13. A representative designated by a victim advocacy group to |
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20|be selected by the Commissioner of Public Safety; |
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21| 14. A member of the Oklahoma House of Representatives appointed |
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22|by the Speaker of the Oklahoma House of Representatives; and |
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23| 15. A member of the Oklahoma State Senate appointed by the |
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24|President Pro Tempore of the Oklahoma State Senate. |
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1| B. The Department of Public Safety shall provide administrative |
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2|support necessary for the Committee to accomplish the goals and |
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3|objectives assigned by this section. |
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4| C. The Committee shall meet at the direction of the chair, and |
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5|shall meet not less than once a year, but not more than four times a |
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6|year. A vice chair shall be elected by the Committee from among its |
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7|members. The vice chair shall act as chair of the Committee in the |
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8|absence of the chair. |
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9| D. The Committee is authorized to collect, analyze, and |
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10|interpret relevant crash data on impaired driving and associated |
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11|traffic crashes. In addition, the Committee is authorized to |
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12|review, evaluate, and monitor the impaired driving system of this |
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13|state and provide a network of communication and cooperation among |
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14|the various stakeholders to coordinate and integrate efforts and |
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15|resources to reduce the incidence and severity of impaired driving |
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16|crashes. |
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17| E. The Committee shall annually complete a statewide strategic |
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18|plan to reduce the incidents of impaired driving and impaired |
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19|driving crashes. The plan shall be submitted no later than December |
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20|31 of each year to the Governor, the President Pro Tempore of the |
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21|Oklahoma State Senate, and the Speaker of the Oklahoma House of |
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22|Representatives. |
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23| F. Members of the Committee who are otherwise employed by a |
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24|state agency or political subdivision shall serve without additional |
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1|compensation. Members of the Committee who are otherwise employed |
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2|by a state agency or political subdivision shall be entitled to |
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3|reimbursement for any actual and necessary traveling expenses in |
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4|accordance with the State Travel Reimbursement Act from the |
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5|employing agency. |
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6| SECTION 2. AMENDATORY 47 O.S. 2021, Section 6-205.1, as |
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7|last amended by Section 19, Chapter 310, O.S.L. 2023 (47 O.S. Supp. |
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8|2023, Section 6-205.1), is amended to read as follows: |
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9| Section 6-205.1 A. The driving privilege of a person who is |
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10|convicted of any offense as provided in paragraph 2 of subsection A |
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11|of Section 6-205 of this title, or a person who has refused to |
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12|submit to a test or tests as provided in Section 753 of this title, |
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13|or a person whose alcohol concentration is subject to the provisions |
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14|of Section 754 of this title, except as provided by subsection F of |
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15|Section 6-212.5 of this title, shall be revoked or denied by Service |
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16|Oklahoma for the following period, as applicable: |
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17| 1. The first license revocation pursuant to paragraph 2 of |
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18|subsection A of Section 6-205 of this title or Section 753 or 754 of |
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19|this title, within ten (10) years preceding the date of arrest |
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20|relating thereto, shall be for a period of no less than one hundred |
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21|eighty (180) days and until the person completes the Impaired Driver |
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22|Accountability Program in accordance with the rules of the Board of |
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23|Tests for Alcohol and Drug Influence. The period of revocation and |
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24| |
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1|the Impaired Driver Accountability Program shall run concurrently |
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2|and each shall be for no less than one hundred eighty (180) days; |
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3| 2. A revocation pursuant to paragraph 2 of subsection A of |
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4|Section 6-205 of this title or Section 753 or 754 of this title |
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5|shall be for a period of no less than one (1) year and until the |
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6|person completes the Impaired Driver Accountability Program in |
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7|accordance with the rules of the Board of Tests for Alcohol and Drug |
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8|Influence, if within ten (10) years preceding the date of arrest |
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9|relating thereto, as shown by the records of Service Oklahoma: |
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10| a. a prior revocation commenced pursuant to paragraph 2 |
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11| or 6 of subsection A of Section 6-205 of this title or |
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12| Section 753 or 754 of this title or current enrollment |
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13| in or previous completion of the Impaired Driver |
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14| Accountability Program, or |
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15| b. the record of the person reflects a prior conviction |
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16| in another jurisdiction which did not result in a |
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17| revocation of Oklahoma driving privileges, for a |
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18| violation substantially similar to paragraph 2 of |
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19| subsection A of Section 6-205 of this title, and the |
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20| person was not a resident or a licensee of Oklahoma at |
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21| the time of the offense resulting in the conviction. |
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22|The period of revocation and the Impaired Driver Accountability |
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23|Program shall run concurrently and each shall be for no less than |
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24|one (1) year; |
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1| 3. A revocation pursuant to paragraph 2 of subsection A of |
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2|Section 6-205 of this title or Section 753 or 754 of this title |
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3|shall be for a period of no less than two (2) years and until the |
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4|person completes the Impaired Driver Accountability Program in |
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5|accordance with the rules of the Board of Tests for Alcohol and Drug |
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6|Influence, if within ten (10) years preceding the date of arrest |
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7|relating thereto, as shown by the records of Service Oklahoma: |
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8| a. two or more prior revocations commenced pursuant to |
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9| paragraph 2 or 6 of subsection A of Section 6-205 of |
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10| this title or Section 753 or 754 of this title, |
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11| b. two or more current enrollments in or previous |
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12| completions of the Impaired Driver Accountability |
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13| Program, |
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14| c. the record of the person reflects two or more prior |
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15| convictions in another jurisdiction which did not |
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16| result in a revocation of Oklahoma driving privileges, |
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17| for a violation substantially similar to paragraph 2 |
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18| of subsection A of Section 6-205 of this title, and |
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19| the person was not a resident or a licensee of |
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20| Oklahoma at the time of the offense resulting in the |
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21| conviction, or |
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22| d. any combination of two or more prior revocations, |
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23| current enrollments in or previous completions of the |
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24| |
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1| Impaired Driver Accountability Program, or convictions |
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2| as described in subparagraphs a, b, and c of this |
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3| paragraph. |
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4|The period of revocation and the Impaired Driver Accountability |
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5|Program shall run concurrently and each shall be for no less than |
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6|two (2) years; or |
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7| 4. The revocation of the driving privilege of any person under |
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8|Section 6-205, 6-205.1, 753, or 754 of this title shall not run |
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9|concurrently with any other revocation of driving privilege under |
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10|Section 6-205, 6-205.1, 753, or 754 of this title resulting from a |
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11|different incident. |
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12| B. The driving privilege of a person who is convicted of any |
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13|offense as provided in paragraph 3 or 6 of subsection A of Section |
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14|6-205 of this title shall be revoked or denied by Service Oklahoma |
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15|for the following period, as applicable: |
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16| 1. The first license revocation shall be for one hundred eighty |
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17|(180) days, which shall be modified upon request; provided, any |
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18|modification under this paragraph shall apply to Class D driver |
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19|licenses only; |
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20| 2. A revocation shall be for a period of one (1) year if within |
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21|ten (10) years preceding the date of arrest relating thereto, as |
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22|shown by the records of Service Oklahoma: |
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23| |
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24| |
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1| a. a prior revocation commenced pursuant to paragraph 2, |
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2| 3, or 6 of subsection A of Section 6-205 of this |
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3| title, or Section 753 or 754 of this title, |
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4| b. a prior revocation commenced pursuant to paragraph 2, |
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5| 3, or 6 of subsection A of Section 6-205 of this title |
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6| or Section 753 or 754 of this title, or current |
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7| enrollment in or previous completion of the Impaired |
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8| Driver Accountability Program, or |
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9| c. the record of the person reflects a prior conviction |
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10| in another jurisdiction which did not result in a |
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11| revocation of Oklahoma driving privileges, for a |
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12| violation substantially similar to paragraph 2, 3, or |
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13| 6 of subsection A of Section 6-205 of this title, and |
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14| the person was not a resident or a licensee of |
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15| Oklahoma at the time of the offense resulting in the |
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16| conviction. |
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17|Such period shall not be modified; or |
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18| 3. A revocation shall be for a period of three (3) years if |
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19|within ten (10) years preceding the date of arrest relating thereto, |
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20|as shown by the records of Service Oklahoma: |
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21| a. two or more prior revocations commenced pursuant to |
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22| paragraph 2 or 6 of subsection A of Section 6-205 of |
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23| this title, or Section 753 or 754 of this title, |
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24| |
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1| b. two or more prior revocations commenced pursuant to |
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2| paragraph 2 or 6 of subsection A of Section 6-205 of |
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3| this title or Section 753 or 754 of this title, or two |
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4| or more current enrollments in or previous completions |
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5| of the Impaired Driver Accountability Program, |
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6| c. the record of the person reflects two or more prior |
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7| convictions in another jurisdiction which did not |
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8| result in a revocation of Oklahoma driving privileges, |
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9| for a violation substantially similar to paragraph 2 |
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10| or 6 of subsection A of Section 6-205 of this title, |
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11| and the person was not a resident or licensee of |
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12| Oklahoma at the time of the offense resulting in the |
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13| conviction, or |
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14| d. any combination of two or more prior revocations, |
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15| current enrollments in or previous completions of the |
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16| Impaired Driver Accountability Program, or convictions |
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17| as described in subparagraphs a and b or c of this |
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18| paragraph. |
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19|Such period shall not be modified. |
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20| The revocation of the driving privilege of any person under this |
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21|subsection shall not run concurrently with any other withdrawal of |
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22|driving privilege resulting from a different incident and which |
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23|requires the driving privilege to be withdrawn for a prescribed |
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24|amount of time. A denial based on a conviction of any offense as |
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1|provided in paragraph 6 of subsection A of Section 6-205 of this |
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2|title shall become effective on the first day the convicted person |
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3|is otherwise eligible to apply for and be granted driving privileges |
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4|if the person was not eligible to do so at the time of the |
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5|conviction. |
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6| C. For the purposes of this section: |
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7| 1. The term "conviction" includes a juvenile delinquency |
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8|adjudication by a court or any notification from a court pursuant to |
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9|Section 6-107.1 of this title; and |
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10| 2. The term "revocation" includes a denial of driving |
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11|privileges by Service Oklahoma. |
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12| D. Each period of revocation in subsection A of this section |
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13|shall be mandatory and neither Service Oklahoma nor any court shall |
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14|grant driving privileges based upon hardship or otherwise for the |
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15|duration of that period, except under the Impaired Driver |
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16|Accountability Program in accordance with the rules of the Board of |
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17|Tests for Alcohol and Drug Influence. |
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18| E. Any appeal of a revocation or denial of driving privileges |
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19|in subsection A of this section shall be governed by Section 6-211 |
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20|of this title. |
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21| SECTION 3. AMENDATORY 47 O.S. 2021, Section 6-212.3, as |
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22|amended by Section 4, Chapter 376, O.S.L. 2022 (47 O.S. Supp. 2023, |
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23|Section 6-212.3), is amended to read as follows: |
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24| |
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1| Section 6-212.3 A. 1. Whenever the installation of an |
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2|ignition interlock device is allowed or required by law, the person |
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3|shall pay a restricted driver license fee of Fifty Dollars ($50.00). |
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4| The restricted driver license and the driving record of the person |
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5|shall indicate by an appropriate restriction that the person is only |
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6|authorized to operate a vehicle upon which an approved and properly |
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7|functioning ignition interlock device is installed. |
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8| 2. The restricted driver license fee authorized by this section |
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9|shall be remitted to the State Treasurer to be credited to the |
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10|Department of Public Safety Restricted Service Oklahoma Revolving |
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11|Fund. All monies accruing to the credit of the Department of Public |
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12|Safety Restricted Service Oklahoma Revolving Fund from the |
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13|restricted driver license fees shall be budgeted and expended solely |
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14|for the purpose of administering the provisions of this section. |
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15| 3. The installation of an ignition interlock device, as |
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16|required by this section, shall not be construed to authorize the |
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17|person to drive unless the person is otherwise eligible to drive. |
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18| B. Installation of an ignition interlock device shall run |
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19|concurrently with a court order, if any, for installation of an |
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20|ignition interlock device pursuant to the same conviction. |
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21| C. Installation of an ignition interlock device pursuant to |
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22|participation in the Impaired Driver Accountability Program shall be |
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23|credited towards any requirement for the installation of an ignition |
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24|interlock device pursuant to any court order requiring the |
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1|installation of an ignition interlock device arising out of the same |
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2|incident. |
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3| D. The person shall be required to have installed an ignition |
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4|interlock device approved by the Board of Tests for Alcohol and Drug |
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5|Influence, at his or her own expense, and comply with all provisions |
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6|of law regarding ignition interlock devices. |
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7| E. The ignition interlock device manufacturer shall report |
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8|violations, if any, in accordance with the rules of the Board of |
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9|Tests for Alcohol and Drug Influence for each ignition interlock |
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10|device installed pursuant to this section and Section 6-205.1 of |
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11|this title. |
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12| F. The Department Service Oklahoma shall promulgate rules |
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13|necessary to implement and administer the provisions of this |
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14|section. |
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15| SECTION 4. AMENDATORY 47 O.S. 2021, Section 6-212.5, as |
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16|amended by Section 5, Chapter 376, O.S.L. 2022 (47 O.S. Supp. 2023, |
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17|Section 6-212.5), is amended to read as follows: |
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18| Section 6-212.5 A. The Impaired Driver Accountability Program |
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19|(IDAP) established by the Department of Public Safety is hereby |
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20|transferred to the Board of Tests for Alcohol and Drug Influence for |
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21|impaired driving arrests occurring on or after November 1, 2022. |
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22|The Board of Tests for Alcohol and Drug Influence shall charge an |
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23|administrative fee of One Hundred Fifty Dollars ($150.00) to each |
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24|person entered into IDAP. One Hundred Dollars ($100.00) of each |
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1|administrative fee shall be deposited in the General Revenue Fund of |
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2|the State Treasury. Twenty-five Dollars ($25.00) of each |
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3|administrative fee shall be deposited in the Department of Public |
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4|Safety Restricted Revolving Fund. Twenty-five Dollars ($25.00) of |
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5|each administrative fee shall be deposited in the Board of Tests for |
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6|Alcohol and Drug Influence Revolving Fund. The Board of Tests for |
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7|Alcohol and Drug Influence shall promulgate rules necessary to |
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8|administer the program and such rules as are necessary relating to |
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9|ignition interlock devices and the providers of such devices, |
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10|including fees. The IDAP rules shall require, at a minimum: |
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11| 1. Installation of an approved ignition interlock device for |
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12|the periods set forth in Section 6-205.1 of this title; |
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13| 2. A description of ignition interlock violations; |
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14| 3. A description of criteria to determine acceptable |
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15|participation in the program; |
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16| 4. Required violation free periods of no less than ninety (90) |
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17|days at the end of each program to demonstrate compliance by the |
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18|participant; |
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19| 5. Criteria for medical exemptions from ignition interlock |
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20|requirements for persons submitting a physician's pulmonologist's |
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21|certification indicating the person has a documented medical |
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22|condition preventing the person from providing a breath sample of at |
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23|least one and two-tenths (1.2) liters. Medical exemptions shall not |
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24|be construed to grant the person driving privileges during the |
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1|revocation. Medical exemptions under this paragraph are only |
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2|authorized for revocations imposed in accordance with paragraph 1 of |
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3|subsection A of Section 6-205.1 of this title; |
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4| 6. Criteria for granting employer exceptions to ignition |
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5|interlock requirements in vehicles owned or leased by the employer. |
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6|Employer exceptions under this paragraph shall not be construed to |
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7|relieve the person from completing the Impaired Driver |
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8|Accountability Program. Employer exceptions under this paragraph |
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9|are only authorized for revocations imposed in accordance with |
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10|paragraph 1 of subsection A of Section 6-205.1 of this title; and |
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11| 7. Criteria for granting affordability accommodations to |
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12|persons on public assistance programs or whose family income is at |
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13|or below one hundred fifty percent (150%) of the federal poverty |
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14|level. |
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15| B. Upon successful completion of the program, in accordance |
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16|with the rules of the Board of Tests for Alcohol and Drug Influence, |
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17|the person will be provided a completion certificate. Upon |
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18|presentation of the IDAP completion certificate and documentation |
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19|required by Section 6-212.2 of this title and payment of the |
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20|required statutory fees, the Department Service Oklahoma will |
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21|reinstate the driving privileges of the person, if otherwise |
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22|eligible. |
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23| C. The Board is authorized to promulgate rules necessary to |
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24|regulate ignition interlock devices and the providers of such |
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1|devices, which shall be subject to suspension or revocation in |
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2|accordance with the rules promulgated by the Board. The Board is |
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3|authorized to charge appropriate fees for operations incidental to |
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4|its required duties and responsibilities. No interlock provider |
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5|utilizing a lease, clause, or contractual agreement that authorizes |
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6|the provider to impound, physically immobilize, or seize a vehicle |
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7|for outstanding debts or arrears may be licensed by the Board. |
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8| D. The Board is authorized to prescribe uniform standards and |
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9|conditions for, and to approve satisfactory methods, procedures, |
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10|techniques, devices, equipment, and records for ignition interlock |
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11|device performance and data. |
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12| E. The Board is authorized to prescribe and approve the |
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13|requisite education and training for the performance of ignition |
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14|interlock services. The Board shall establish standards and |
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15|ascertain the qualifications and competence of individuals who |
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16|provide ignition interlock services and to issue permits to such |
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17|individuals and service centers which shall be subject to suspension |
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18|or revocation in accordance with the rules promulgated by the Board. |
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19| F. The driving record of a person subject to revocation under |
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20|the provisions of Section 753 or 754 of this title contained in |
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21|paragraph 1 of subsection A of Section 6-205.1 of this title, |
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22|excluding those subject to revocation under the provisions of |
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23|paragraph 2 of subsection A of Section 6-205 of this title who |
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24|enrolls in IDAP in accordance with this paragraph shall be updated |
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1|to indicate completion of IDAP without revocation, provided the |
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2|following requirements are satisfied: |
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3| 1. At the time of the arrest, the person was a holder of a |
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4|Class D driver license and was not driving or in actual physical |
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5|control of a commercial motor vehicle; |
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6| 2. The Board of Tests for Alcohol and Drug Influence receives |
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7|the request for IDAP participation and payment of the program |
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8|administration fee as set forth in this section within thirty (30) |
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9|calendar days from the date of the arrest; |
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10| 3. The person is otherwise eligible for driving privileges in |
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11|Oklahoma on the date he or she enrolls in IDAP; |
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12| 4. The person provides proof of enrollment in IDAP to Service |
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13|Oklahoma and obtains a restricted driver license pursuant to Section |
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14|6-212.3 of this title prior to the revocation taking effect; |
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15| 5. The person provides proof of completion of IDAP to Service |
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16|Oklahoma; |
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17| 6. The person has complied with the reinstatement requirements |
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18|set forth in Section 6-212 of this title, including the payment of |
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19|any necessary fees; |
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20| 7. The person provides proof of completion of the alcohol and |
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21|drug assessment and evaluation required by Section 6-212.2 of this |
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22|title; and |
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23| 8. The person enrolling in IDAP in accordance to the provisions |
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24|of this subsection shall waive the right to file an appeal pursuant |
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1|to Section 6-211 of this title regarding the arrest related to the |
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2|IDAP enrollment. |
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3| SECTION 5. This act shall become effective November 1, 2024. |
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4|COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY |
|April 11, 2024 - DO PASS AS AMENDED |
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