Bill Text For SB0682 - Enrolled

ENROLLED SENATE

BILL NO. 682                        By: Pederson of the Senate

 

                                               and

 

                                        Dobrinski of the House

 

 

 

 

An Act relating to non-domiciled commercial driver license; amending 47 O.S. 2021, Section 6-111, as last amended by Section 53, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section 6-111), which relates to issuance of license or identification card; removing certain non-domiciled commercial learner permit or driver license conditions; and declaring an emergency.

 

 

 

 

SUBJECT:  Commercial driver licenses

 

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

 

SECTION 1.     AMENDATORY     47 O.S. 2021, Section 6-111, as last amended by Section 53, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section 6-111), is amended to read as follows:

 

Section 6-111.  A.  1.  Service Oklahoma shall, upon payment of the required fee, issue to every applicant qualifying therefor a Class A, B, C or D driver license or identification card as applied for, which license or card shall bear thereon a distinguishing alphanumeric identification assigned to the licensee or cardholder, date of issuance and date of expiration of the license or card, the full legal name, signature or computerized signature, date of birth, residence address, unless specified as an exception in the Code of Federal Regulations per 6 C.F.R., Section 37.17, sex, a computerized color image of the licensee or cardholder taken in accordance with Service Oklahoma rules and security features as determined by Service Oklahoma.  The image shall depict a full front unobstructed view of the entire face of the licensee or cardholder; provided, a commercial learner permit shall not bear the image of the licensee.  When any person is issued both a driver license and an identification card, Service Oklahoma shall ensure the information on both the license and the card are the same, unless otherwise provided by law.

 

2.  A driver license or identification card issued by Service Oklahoma on or after March 1, 2004, shall bear thereon the county of residence of the licensee or cardholder.

 

3.  Service Oklahoma may cancel the distinguishing number, when that distinguishing number is another person’s Social Security number, assign a new distinguishing alphanumeric identification, and issue a new license or identification card without charge to the licensee or cardholder.

 

4.  Service Oklahoma may promulgate rules for inclusion of the height and a brief description of the licensee or cardholder on the face of the card or license identifying the licensee or cardholder as deaf or hard-of-hearing.

 

5.  It is unlawful for any person to apply, adhere, or otherwise attach to a driver license or identification card any decal, sticker, label, or other attachment.  Any law enforcement officer is authorized to remove and dispose of any unlawful decal, sticker, label, or other attachment from the driver license of a person.  The law enforcement officer, the employing agency of the officer, Service Oklahoma, and the State of Oklahoma shall be immune from any liability for any loss suffered by the licensee, cardholder, or the owner of the decal, sticker, label, or other attachment caused by the removal and destruction of the decal, sticker, label, or other attachment.

 

6.  Service Oklahoma may develop by rule a procedure which complies with the provisions of subsection G of Section 6-101 of this title whereby a person may apply for a renewal or replacement Oklahoma Class D license or Oklahoma identification card.

 

B.  1.  Service Oklahoma may issue or authorize the issuance of a temporary permit or license to an applicant for a driver license permitting such applicant to operate a motor vehicle while Service Oklahoma is completing its investigation and determination of all facts relative to such applicant’s privilege to receive a license, or while a permanent driver license is being produced and delivered to the applicant.  Such permit or license must be in the immediate possession of the driver while operating a motor vehicle, and it shall be invalid when the applicant’s permanent driver license has been issued and delivered or for good cause has been refused.

 

2.  Service Oklahoma may issue or authorize the issuance of a temporary identification card to an applicant, permitting the holder the privileges otherwise granted by identification cards, while a permanent driver license is being provided and delivered to the applicant.  Such card shall be invalid when the applicant’s permanent identification card has been issued and delivered, or for good cause has been refused.

 

C.  1.  Service Oklahoma may issue a restricted commercial driver license to drivers eighteen (18) years of age or older for any of the following specific farm-related service industries:

 

a.   farm retail outlets and suppliers,

 

b.   agri-chemical businesses,

 

c.   custom harvesters, and

 

d.   livestock feeders.

 

The applicant shall hold a valid Oklahoma driver license and shall meet all the requirements for a commercial driver license.  The restricted commercial driver license shall not exceed a total of one hundred eighty (180) days within any twelve-month period.

 

2.  The restricted commercial driver license shall not be valid for operators of commercial motor vehicles beyond one hundred fifty (150) miles from the place of business or the farm currently being served.  Such license shall be limited to Class B vehicles.  Holders of such licenses who transport hazardous materials which are required to be placarded shall be limited to the following:

 

a.   diesel fuel in quantities of one thousand (1,000) gallons or less,

 

b.   liquid fertilizers in vehicles with total capacities of three thousand (3,000) gallons or less, and

 

c.   solid fertilizers that are not mixed with any organic substance.

 

No other placarded hazardous materials shall be transported by holders of such licenses.

 

D.  Service Oklahoma may issue a non-domiciled commercial learner permit or a non-domiciled commercial driver license to:

 

1.  An H2A-Temporary Agricultural worker lawfully present in the United States as indicated on an original, valid and unexpired I-94 immigration status document issued by the United States Customs and Immigration Service; and

 

2.  A J-1 Exchange Visitor Program participant lawfully present in the United States as indicated on a valid and unexpired J-1 Visitor Visa issued by the United States Customs and Immigration Service and who is enrolled in an agricultural education training program.

 

A person applying for such permit or license must comply with all testing and licensing requirements in accordance with applicable federal regulations, state laws and Service Oklahoma rules.  The issued license shall be valid until the expiration of the visa for the non-domiciled worker.  Service Oklahoma may promulgate rules for the implementation of the process to carry out the provisions of this section.

 

E.  1.  Service Oklahoma shall develop a procedure whereby a person applying for an original, renewal or replacement Class A, B, C or D driver license or identification card who is required to register as a convicted sex offender with the Department of Corrections pursuant to the provisions of the Sex Offenders Registration Act and who the Department of Corrections designates as an aggravated or habitual offender pursuant to subsection J of Section 584 of Title 57 of the Oklahoma Statutes shall be issued a license or card bearing the words “Sex Offender”.

 

2.  Service Oklahoma shall notify every person subject to registration under the provisions of Section 1-101 et seq. of this title who holds a current Class A, B, C or D driver license or identification card that such person is required to surrender the license or card to Service Oklahoma within one hundred eighty (180) days from the date of the notice.

 

3.  Upon surrendering the license or card for the reason set forth in this subsection, application may be made with Service Oklahoma for a replacement license or card bearing the words “Sex Offender”.

 

4.  Failure to comply with the requirements set forth in such notice shall result in cancellation of the person’s license or card.  Such cancellation shall be in effect for one (1) year, after which time the person may make application with Service Oklahoma for a new license or card bearing the words “Sex Offender”.  Continued use of a canceled license or card shall constitute a misdemeanor and shall, upon conviction thereof, be punishable by a fine of not less than Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars ($200.00).  When an individual is no longer required to register as a convicted sex offender with the Department of Corrections pursuant to the provisions of the Sex Offenders Registration Act, the individual shall be eligible to receive a driver license or identification card which does not bear the words “Sex Offender”.

 

F.  Nothing in subsection E of this section shall be deemed to impose any liability upon or give rise to a cause of action against any employee, agent or official of the Department of Corrections for failing to designate a sex offender as an aggravated or habitual offender pursuant to subsection J of Section 584 of Title 57 of the Oklahoma Statutes.

 

G.  A person subject to an order for the installation of an ignition interlock device shall be required by Service Oklahoma to submit his or her driver license for a replacement.  The replacement driver license shall bear the words “Interlock Required” and such designation shall remain on the driver license for the duration of the order requiring the ignition interlock device.  The replacement license shall be subject to the same expiration and renewal procedures provided by law.  Upon completion of the requirements for the interlock device, a person may apply for a replacement driver license.

 

H.  Service Oklahoma shall develop a procedure whereby a person applying for an original, renewal or replacement Class D driver license who has been granted modified driving privileges under this title shall be issued a Class D driver license which identifies the license as a modified license.

 

SECTION 2.  It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

 

Passed the Senate the 7th day of March, 2023.

 

 

                             

                                  Presiding Officer of the Senate

 

 

Passed the House of Representatives the 24th day of April, 2023.

 

 

                            

                                   Presiding Officer of the House

                                               of Representatives