1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 682 By: Pederson
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6 AS INTRODUCED
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7 An Act relating to non-domiciled commercial driver
7 license; amending 47 O.S. 2021, Section 6-111, as
8 last amended by Section 53, Chapter 282, O.S.L. 2022
8 (47 O.S. Supp. 2022, Section 6-111), which relates to
9 issuance of license or identification card; removing
9 certain non-domiciled commercial learner permit or
10 driver license conditions; and providing an effective
10 date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 47 O.S. 2021, Section 6-111, as
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15 last amended by Section 53, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
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16 2022, Section 6-111), is amended to read as follows:
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17 Section 6-111. A. 1. Service Oklahoma shall, upon payment of
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18 the required fee, issue to every applicant qualifying therefor a
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19 Class A, B, C or D driver license or identification card as applied
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20 for, which license or card shall bear thereon a distinguishing
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21 alphanumeric identification assigned to the licensee or cardholder,
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22 date of issuance and date of expiration of the license or card, the
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23 full legal name, signature or computerized signature, date of birth,
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24 residence address, unless specified as an exception in the Code of
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1 Federal Regulations per 6 C.F.R., Section 37.17, sex, a computerized
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2 color image of the licensee or cardholder taken in accordance with
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3 Service Oklahoma rules and security features as determined by
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4 Service Oklahoma. The image shall depict a full front unobstructed
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5 view of the entire face of the licensee or cardholder; provided, a
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6 commercial learner permit shall not bear the image of the licensee.
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7 When any person is issued both a driver license and an
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8 identification card, Service Oklahoma shall ensure the information
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9 on both the license and the card are the same, unless otherwise
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10 provided by law.
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11 2. A driver license or identification card issued by Service
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12 Oklahoma on or after March 1, 2004, shall bear thereon the county of
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13 residence of the licensee or cardholder.
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14 3. Service Oklahoma may cancel the distinguishing number, when
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15 that distinguishing number is another person’s Social Security
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16 number, assign a new distinguishing alphanumeric identification, and
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17 issue a new license or identification card without charge to the
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18 licensee or cardholder.
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19 4. Service Oklahoma may promulgate rules for inclusion of the
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20 height and a brief description of the licensee or cardholder on the
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21 face of the card or license identifying the licensee or cardholder
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22 as deaf or hard-of-hearing.
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23 5. It is unlawful for any person to apply, adhere, or otherwise
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24 attach to a driver license or identification card any decal,
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1 sticker, label, or other attachment. Any law enforcement officer is
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2 authorized to remove and dispose of any unlawful decal, sticker,
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3 label, or other attachment from the driver license of a person. The
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4 law enforcement officer, the employing agency of the officer,
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5 Service Oklahoma, and the State of Oklahoma shall be immune from any
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6 liability for any loss suffered by the licensee, cardholder, or the
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7 owner of the decal, sticker, label, or other attachment caused by
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8 the removal and destruction of the decal, sticker, label, or other
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9 attachment.
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10 6. Service Oklahoma may develop by rule a procedure which
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11 complies with the provisions of subsection G of Section 6-101 of
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12 this title whereby a person may apply for a renewal or replacement
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13 Oklahoma Class D license or Oklahoma identification card.
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14 B. 1. Service Oklahoma may issue or authorize the issuance of
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15 a temporary permit or license to an applicant for a driver license
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16 permitting such applicant to operate a motor vehicle while Service
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17 Oklahoma is completing its investigation and determination of all
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18 facts relative to such applicant’s privilege to receive a license,
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19 or while a permanent driver license is being produced and delivered
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20 to the applicant. Such permit or license must be in the immediate
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21 possession of the driver while operating a motor vehicle, and it
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22 shall be invalid when the applicant’s permanent driver license has
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23 been issued and delivered or for good cause has been refused.
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1 2. Service Oklahoma may issue or authorize the issuance of a
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2 temporary identification card to an applicant, permitting the holder
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3 the privileges otherwise granted by identification cards, while a
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4 permanent driver license is being provided and delivered to the
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5 applicant. Such card shall be invalid when the applicant’s
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6 permanent identification card has been issued and delivered, or for
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7 good cause has been refused.
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8 C. 1. Service Oklahoma may issue a restricted commercial
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9 driver license to drivers eighteen (18) years of age or older for
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10 any of the following specific farm-related service industries:
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11 a. farm retail outlets and suppliers,
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12 b. agri-chemical businesses,
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13 c. custom harvesters, and
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14 d. livestock feeders.
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15 The applicant shall hold a valid Oklahoma driver license and
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16 shall meet all the requirements for a commercial driver license.
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17 The restricted commercial driver license shall not exceed a total of
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18 one hundred eighty (180) days within any twelve-month period.
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19 2. The restricted commercial driver license shall not be valid
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20 for operators of commercial motor vehicles beyond one hundred fifty
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21 (150) miles from the place of business or the farm currently being
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22 served. Such license shall be limited to Class B vehicles. Holders
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23 of such licenses who transport hazardous materials which are
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24 required to be placarded shall be limited to the following:
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1 a. diesel fuel in quantities of one thousand (1,000)
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2 gallons or less,
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3 b. liquid fertilizers in vehicles with total capacities
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4 of three thousand (3,000) gallons or less, and
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5 c. solid fertilizers that are not mixed with any organic
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6 substance.
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7 No other placarded hazardous materials shall be transported by
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8 holders of such licenses.
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9 D. Service Oklahoma may issue a non-domiciled commercial
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10 learner permit or a non-domiciled commercial driver license to:
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11 1. An H2A-Temporary Agricultural worker lawfully present in the
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12 United States as indicated on an original, valid and unexpired I-94
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13 immigration status document issued by the United States Customs and
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14 Immigration Service; and
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15 2. A J-1 Exchange Visitor Program participant lawfully present
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16 in the United States as indicated on a valid and unexpired J-1
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17 Visitor Visa issued by the United States Customs and Immigration
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18 Service and who is enrolled in an agricultural education training
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19 program.
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20 A person applying for such permit or license must comply with
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21 all testing and licensing requirements in accordance with applicable
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22 federal regulations, state laws and Service Oklahoma rules. The
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23 issued license shall be valid until the expiration of the visa for
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24 the non-domiciled worker. Service Oklahoma may promulgate rules for
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1 the implementation of the process to carry out the provisions of
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2 this section.
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3 E. 1. Service Oklahoma shall develop a procedure whereby a
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4 person applying for an original, renewal or replacement Class A, B,
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5 C or D driver license or identification card who is required to
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6 register as a convicted sex offender with the Department of
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7 Corrections pursuant to the provisions of the Sex Offenders
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8 Registration Act and who the Department of Corrections designates as
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9 an aggravated or habitual offender pursuant to subsection J of
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10 Section 584 of Title 57 of the Oklahoma Statutes shall be issued a
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11 license or card bearing the words “Sex Offender”.
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12 2. Service Oklahoma shall notify every person subject to
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13 registration under the provisions of Section 1-101 et seq. of this
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14 title who holds a current Class A, B, C or D driver license or
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15 identification card that such person is required to surrender the
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16 license or card to Service Oklahoma within one hundred eighty (180)
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17 days from the date of the notice.
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18 3. Upon surrendering the license or card for the reason set
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19 forth in this subsection, application may be made with Service
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20 Oklahoma for a replacement license or card bearing the words “Sex
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21 Offender”.
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22 4. Failure to comply with the requirements set forth in such
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23 notice shall result in cancellation of the person’s license or card.
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24 Such cancellation shall be in effect for one (1) year, after which
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1 time the person may make application with Service Oklahoma for a new
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2 license or card bearing the words “Sex Offender”. Continued use of
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3 a canceled license or card shall constitute a misdemeanor and shall,
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4 upon conviction thereof, be punishable by a fine of not less than
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5 Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars
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6 ($200.00). When an individual is no longer required to register as
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7 a convicted sex offender with the Department of Corrections pursuant
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8 to the provisions of the Sex Offenders Registration Act, the
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9 individual shall be eligible to receive a driver license or
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10 identification card which does not bear the words “Sex Offender”.
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11 F. Nothing in subsection E of this section shall be deemed to
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12 impose any liability upon or give rise to a cause of action against
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13 any employee, agent or official of the Department of Corrections for
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14 failing to designate a sex offender as an aggravated or habitual
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15 offender pursuant to subsection J of Section 584 of Title 57 of the
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16 Oklahoma Statutes.
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17 G. A person subject to an order for the installation of an
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18 ignition interlock device shall be required by Service Oklahoma to
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19 submit his or her driver license for a replacement. The replacement
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20 driver license shall bear the words “Interlock Required” and such
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21 designation shall remain on the driver license for the duration of
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22 the order requiring the ignition interlock device. The replacement
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23 license shall be subject to the same expiration and renewal
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24 procedures provided by law. Upon completion of the requirements for
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1 the interlock device, a person may apply for a replacement driver
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2 license.
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3 H. Service Oklahoma shall develop a procedure whereby a person
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4 applying for an original, renewal or replacement Class D driver
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5 license who has been granted modified driving privileges under this
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6 title shall be issued a Class D driver license which identifies the
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7 license as a modified license.
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8 SECTION 2. This act shall become effective November 1, 2023.
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10 59-1-1016 JES 1/18/2023 12:26:39 PM
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