1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1790 By: Dahm
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6 AS INTRODUCED
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7 An Act relating to driver licenses; amending 47 O.S.
7 2021, Section 6-103, as amended by Section 40,
8 Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023, Section
8 6-103), which relates to persons not to be licensed;
9 modifying provisions to whom driver licenses shall
9 not be issued; amending 47 O.S. 2021, Section 6-106,
10 as amended by Section 45, Chapter 282, O.S.L. 2022
10 (47 O.S. Supp. 2023, Section 6-106), which relates to
11 license applications; modifying provisions of
11 application; updating statutory references; and
12 providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 47 O.S. 2021, Section 6-103, as
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16 amended by Section 40, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023,
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17 Section 6-103), is amended to read as follows:
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18 Section 6-103. A. Except as otherwise provided by law, Service
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19 Oklahoma shall not issue a driver license to:
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20 1. Any person who is under eighteen (18) years of age, except
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21 that Service Oklahoma may issue a Class D license to any person who
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22 attains sixteen (16) years of age on or after August 15, 2000, and
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23 meets the requirements of Sections 6-105 and 6-107.3 of this title;
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 1 2. Any unemancipated person who is under eighteen (18) years of
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2 age and whose custodial legal parent or legal guardian does not
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3 approve the issuance of a license as required by Section 6-110.2 of
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4 this title or objects to the issuance of a license or permit by
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5 filing an objection pursuant to Section 6-103.1 of this title;
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6 3. Any person whose driving privilege has been suspended,
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7 revoked, canceled or denied in this state or any other state or
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8 country until the driving privilege has been reinstated by the state
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9 or country withdrawing the privilege;
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10 4. Any person who is classified as an excessive user of
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11 alcohol, any other intoxicating substance, or a combination of
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12 alcohol and any other intoxicating substance, and inimical to public
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13 safety, in accordance with rules promulgated by the Department
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14 Service Oklahoma, until all requirements granting or reinstating
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15 driving privileges are met, including, but not limited to,
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16 abstinence from the use of alcohol, any other intoxicating
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17 substance, or any combination of alcohol and any other intoxicating
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18 substance for a minimum of either twelve (12) months or eighteen
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19 (18) months, as determined by OAC 595:10-5 260:135-5-56, immediately
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20 preceding application for or application for reinstatement of
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21 driving privileges;
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22 5. Any person who is required by Section 6-101 et seq. of this
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23 title to take an examination, unless the person shall have
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24 successfully passed the examination;
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 1 6. Any person who is required under the laws of this state to
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2 deposit proof of financial responsibility and who has not deposited
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3 such proof;
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4 7. Any person who is physically deformed or who is afflicted
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5 with any mental disease or physical condition that would
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6 substantially impair the driving ability of the person or when the
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7 Commissioner of Public Safety Director of Service Oklahoma, from
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8 information concerning the person or from the records and reports on
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9 file in the Department of Public Safety Service Oklahoma, determines
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10 through clear and convincing evidence that the operation of a motor
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11 vehicle by such person on the highways would be inimical to public
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12 safety or welfare;
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13 8. Any person who is a nonresident, as defined in Section 1-137
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14 of this title;
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15 9. Any alien unless such person presents valid documentation of
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16 identity and authorization for presence in the United States issued
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17 pursuant to the laws of the United States; provided, no license
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18 shall be issued to any alien whose documentation indicates the alien
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19 is a visitor or is not eligible to establish residency; or
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20 10. Any person who possesses a valid license to operate a motor
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21 vehicle issued by another state until the other state license has
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22 been surrendered.
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 1 B. Any applicant who is denied a license under the provisions
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2 of subsection A of this section shall have the right to an appeal as
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3 provided in Section 6-211 of this title.
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4 SECTION 2. AMENDATORY 47 O.S. 2021, Section 6-106, as
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5 amended by Section 45, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023,
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6 Section 6-106), is amended to read as follows:
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7 Section 6-106. A. 1. Every application for a driver license
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8 or identification card shall be made by the applicant upon a form
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9 furnished by Service Oklahoma.
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10 2. Every original, renewal, or replacement application for a
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11 driver license or identification card made by a male applicant who
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12 is at least sixteen (16) but less than twenty-six (26) years of age
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13 shall include a statement that by submitting the application, the
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14 applicant is consenting to registration with the Selective Service
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15 System. The pertinent information from the application shall be
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16 forwarded by Service Oklahoma to the Data Management Center of the
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17 Selective Service System in order to register the applicant as
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18 required by law with the Selective Service System. Any applicant
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19 refusing to sign the consent statement shall be denied a driver
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20 license or identification card.
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21 3. Except as provided for in subsections G and H of this
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22 section, every applicant for a driver license or identification card
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23 shall provide to Service Oklahoma at the time of application a
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24 document showing proof of identity. Service Oklahoma shall
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 1 promulgate rules prescribing forms of primary and secondary
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2 identification acceptable for an original Oklahoma driver license.
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3 B. Every applicant for a driver license shall provide the
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4 following information:
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5 1. Full name;
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6 2. Date of birth;
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7 3. Sex;
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8 4. Address of principal residence and county of such residence
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9 which shall be referenced on the REAL ID Compliant Driver License or
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10 Identification Card; proof of principal residency, as prescribed by
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11 rules promulgated by Service Oklahoma, documenting provided address;
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12 5. Current and complete mailing address to be maintained by
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13 Service Oklahoma for the purpose of giving notice, if necessary, as
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14 required by Section 2-116 of this title;
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15 6. Medical information, as determined by the Department, A
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16 self-certification that the applicant is medically able to drive
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17 safely which shall assure Service Oklahoma that the person is not
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18 prohibited from being licensed as provided by paragraph 7 of
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19 subsection A of Section 6-103 of this title;
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20 7. Whether the applicant is deaf or hard-of-hearing;
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21 8. A brief physical description of the applicant, as determined
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22 by the Department Service Oklahoma;
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23 9. 8. Whether the applicant has previously been licensed, and,
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24 if so, when and by what state or country, and whether any license
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 1 has ever been suspended or revoked without subsequent reinstatement,
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2 or whether an application has ever been refused without subsequent
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3 acceptance, and, if so, the date of and reason for the suspension,
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4 revocation or refusal;
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5 10. 9. Whether the applicant is an alien eligible to be
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6 considered for licensure and is not prohibited from licensure
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7 pursuant to paragraph 9 of subsection A of Section 6-103 of this
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8 title; and
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9 11. 10. Whether the applicant has:
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10 a. previously been licensed and, if so, when and by what
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11 state or country, and
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12 b. held more than one state license at the same time
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13 during the immediately preceding ten (10) years; and
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14 12. Social Security number.
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15 No person shall request Service Oklahoma to use the Social Security
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16 number of that person as the driver license number. Upon renewal or
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17 replacement of any driver license issued after the effective date of
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18 this act July 1, 2001, the licensee shall advise Service Oklahoma or
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19 the licensed operator if the present driver license number of the
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20 licensee is the Social Security number of the licensee. If the
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21 driver license number is the Social Security number, Service
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22 Oklahoma or the licensed operator shall change the driver license
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23 number to a computer-generated alphanumeric identification.
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 1 C. 1. In addition to the requirements of subsections A and B
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2 of this section, every applicant for a commercial driver license who
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3 is subject to the requirements of 49 C.F.R., Part 391, and is
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4 applying for an original, renewal, or replacement license, and every
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5 person who, upon or after May 8, 2012, is currently the holder of a
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6 commercial driver license and is subject to the requirements of 49
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7 C.F.R., Part 391, and who does not apply for a renewal or
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8 replacement license prior to January 30, 2014, shall submit to
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9 Service Oklahoma and maintain with Service Oklahoma a current
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10 approved medical examination certificate signed by a licensed
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11 physician authorized to perform and approve medical examination
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12 certifications. Service Oklahoma shall adopt rules for maintaining
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13 medical examination certificates pursuant to the requirements in 49
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14 C.F.R., Parts 383 and 384. Any commercial driver licensee subject
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15 to the requirements of this paragraph who fails to maintain on file
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16 with Service Oklahoma a current, approved medical examination
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17 certificate shall have the driving privileges of the person
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18 downgraded to a Class D driver license by Service Oklahoma.
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19 2. If the applicant is applying for an original commercial
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20 driver license in Oklahoma or is transferring a commercial driver
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21 license from another state to Oklahoma, Service Oklahoma shall
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22 review the driving record of the applicant in other states for the
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23 immediately preceding ten (10) years, unless the record review has
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24 already been performed by Service Oklahoma. As a result of the
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 1 review, if it is determined by Service Oklahoma that the applicant
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2 is subject to a period of disqualification as prescribed by Section
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3 6-205.2 of this title which has not yet been imposed, Service
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4 Oklahoma shall impose the period of disqualification and the
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5 applicant shall serve the period of disqualification before a
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6 commercial driver license is issued to the applicant; provided,
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7 nothing in this paragraph shall be construed to prevent the issuance
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8 of a Class D driver license to the applicant.
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9 3. If the applicant has or is applying for a hazardous material
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10 endorsement, the applicant shall submit to a security threat
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11 assessment performed by the Transportation Security Administration
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12 of the United States Department of Homeland Security as required by
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13 and pursuant to 49 C.F.R., Part 1572, which shall be used to
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14 determine whether the applicant is eligible for the endorsement
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15 pursuant to federal law and regulation.
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16 4. Service Oklahoma shall notify each commercial driving school
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17 of the passage of this section, and each commercial driving school
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18 shall notify prospective students of its school of the hazardous
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19 material endorsement requirement.
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20 D. In addition to the requirements of subsections A and B of
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21 this section, every applicant shall be given an option on the
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22 application for issuance of a driver license or identification card
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23 or renewal pursuant to Section 6-115 of this title to provide an
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24 emergency contact person. The emergency contact information
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 1 requested may include full name, address, and phone number. The
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2 emergency contact information shall be maintained by Service
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3 Oklahoma and shall be used by Service Oklahoma and law enforcement
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4 for emergency purposes only. A person listed as an emergency
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5 contact may request to be removed at any time. Any update to a
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6 change of name, address, or phone number may be made by the
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7 applicant listing the emergency contact person or by the person
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8 listed as the emergency contact.
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9 E. Whenever application is received from a person previously
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10 licensed in another jurisdiction, Service Oklahoma shall request a
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11 copy of the driving record from the other jurisdiction and,
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12 effective September 1, 2005, from all other jurisdictions in which
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13 the person was licensed within the immediately previous ten (10)
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14 years. When received, the driving record shall become a part of the
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15 driving record of the person in this state with the same force and
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16 effect as though entered on the driver’s record in this state in the
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17 original instance.
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18 F. Whenever Service Oklahoma receives a request for a driving
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19 record from another licensing jurisdiction, the record shall be
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20 forwarded without charge.
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21 G. A person shall not apply for or possess more than one state-
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22 issued or territory-issued REAL ID Compliant Driver License or
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23 Identification Card pursuant to the provisions of Section 6-101 of
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24 this title. A valid and unexpired Oklahoma driver license shall
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 1 serve as both primary and secondary proofs of identity whenever
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2 application for a REAL ID Noncompliant Identification Card is
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3 submitted to Service Oklahoma. The provisions of subsection B of
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4 Section 1550.42 of Title 21 of the Oklahoma Statutes shall not apply
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5 when issuing an identification card pursuant to the provisions of
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6 this subsection. Service Oklahoma shall promulgate rules necessary
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7 to implement and administer the provisions of this subsection.
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8 H. A valid and unexpired U.S. passport shall serve as both
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9 primary and secondary proofs of identity whenever application for a
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10 driver license or identification card is submitted to the Department
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11 Service Oklahoma. Service Oklahoma shall promulgate rules necessary
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12 to implement and administer the provisions of this subsection.
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13 SECTION 3. This act shall become effective November 1, 2024.
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15 59-2-3167 CN 1/17/2024 2:44:15 PM
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