1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 669 By: Brooks
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6 AS INTRODUCED
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7 An Act relating to driver licenses; amending 21 O.S.
7 2021, Section 1550.42, which relates to entities
8 authorized to print identification documents;
8 clarifying language; removing certain limitation;
9 removing certain exceptions; removing certain license
9 renewal requirement; removing certain presumption;
10 removing certain application; removing certain
10 exemption; amending 26 O.S. 2021, Section 4-109.3, as
11 amended by Section 15, Chapter 282, O.S.L. 2022 (26
11 O.S. Supp. 2022, Section 4-109.3), which relates to
12 motor vehicle licensing agencies and voter
12 registration; prohibiting voter registration services
13 from being provided to certain applicants and
13 licensees; requiring Service Oklahoma to transmit
14 certain identifying information to the Secretary of
14 the State Election Board; requiring certain action
15 and notice; prohibiting retention of certain
15 information; providing certain exception; amending 47
16 O.S. 2021, Section 6-101, as last amended by Section
16 37, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
17 Section 6-101), which relates to class requirements
17 for driver licenses and fees; creating certain fee;
18 updating statutory reference; amending 47 O.S. 2021,
18 Section 6-103, as amended by Section 40, Chapter 282,
19 O.S.L. 2022 (47 O.S. Supp. 2022, Section 6-103),
19 which relates to persons not to be licensed; updating
20 statutory references; modifying preclusion; requiring
20 certain documents be presented to allow for the
21 issuance of driver licenses to aliens; amending 47
21 O.S. 2021, Section 6-106, as amended by Section 45,
22 Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section
22 6-106), which relates to application for license;
23 providing an acceptable form of proof of identity;
23 allowing for certain information to be provided by an
24 applicant; updating statutory reference; providing
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1 certain preclusions; amending 47 O.S. 2021, Section
1 6-114, as amended by Section 54, Chapter 282, O.S.L.
2 2022 (47 O.S. Supp. 2022, Section 6-114), which
2 relates to replacement driver licenses; removing
3 certain requirements and replacement period
3 limitations for aliens; amending 47 O.S. 2021,
4 Section 6-115, as amended by Section 55, Chapter 282,
4 O.S.L. 2022 (47 O.S. Supp. 2022, Section 6-115),
5 which relates to issuance, expiration, and renewal of
5 driver licenses; modifying certain limitations for
6 certain applicants or licensees; requiring certain
6 applicants provide additional specific documentation;
7 amending 47 O.S. 2021, Section 6-122, as amended by
7 Section 62, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
8 2022, Section 6-122), which relates to renewal by
8 mail; modifying certain exceptions; requiring Service
9 Oklahoma to provide certain notation of status;
9 prohibiting voter registration services from being
10 provided to certain applicants and licensees;
10 updating statutory language; providing for
11 codification; and 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 21 O.S. 2021, Section 1550.42, is
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16 amended to read as follows:
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17 Section 1550.42. A. The following entities may create, publish
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18 or otherwise manufacture an identification document, identification
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19 card, or identification certificate and may possess an engraved
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20 plate or other such device for the printing of such identification;
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21 provided, the name of the issuing entity shall be clearly printed
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22 upon the face of the identification:
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23 1. Businesses, companies, corporations, service organizations
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24 and federal, state and local governmental agencies for employee
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1 identification which is designed to identify the bearer as an
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2 employee;
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3 2. Businesses, companies, corporations and service
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4 organizations for customer identification which is designed to
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5 identify the bearer as a customer or member;
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6 3. Federal, state and local government agencies for purposes
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7 authorized or required by law or any legitimate purpose consistent
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8 with the duties of such an agency, including, but not limited to,
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9 voter identification cards, driver licenses, nondriver
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10 identification cards, passports, birth certificates and social
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11 security cards;
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12 4. Any public school or state or private educational
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13 institution, as defined by Sections 1-106, 21-101 or 3102 of Title
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14 70 of the Oklahoma Statutes, to identify the bearer as an
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15 administrator, faculty member, student or employee;
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16 5. Any professional organization or labor union to identify the
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17 bearer as a member of the professional organization or labor union;
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18 and
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19 6. Businesses, companies or corporations which manufacture
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20 medical-alert identification for the wearer thereof.
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21 B. All identification documents as provided for in paragraph 3
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22 or 4 of subsection A of this section shall be issued only to United
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23 States citizens, nationals and legal permanent resident aliens.
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1 C. The provisions of subsection B of this section shall not
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2 apply when an applicant presents, in person, valid documentary
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3 evidence of:
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4 1. A valid, unexpired immigrant or nonimmigrant visa status for
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5 admission into the United States;
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6 2. A pending or approved application for asylum in the United
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7 States;
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8 3. Admission into the United States in refugee status;
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9 4. A pending or approved application for temporary protected
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10 status in the United States;
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11 5. Approved deferred action status; or
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12 6. A pending application for adjustment of status to legal
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13 permanent residence status or conditional resident status.
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14 Upon approval, the applicant may be issued an identification
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15 document provided for in paragraph 3 or 4 of subsection A of this
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16 section. Such identification document shall be valid only during
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17 the period of time of the authorized stay of the applicant in the
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18 United States or, if there is no definite end to the period of
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19 authorized stay, a period of one (1) year. Any identification
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20 document issued pursuant to the provisions of this subsection shall
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21 clearly indicate that it is temporary and shall state the date that
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22 the identification document expires. Such identification document
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23 may be renewed only upon presentation of valid documentary evidence
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24 that the status by which the applicant qualified for the
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1 identification document has been extended by the United States
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2 Citizenship and Immigration Services or other authorized agency of
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3 the United States Department of Homeland Security.
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4 D. The provisions of subsection B of this section shall not
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5 apply to an identification document described in paragraph 4 of
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6 subsection A of this section that is only valid for use on the
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7 campus or facility of that educational institution and includes a
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8 statement of such restricted validity clearly and conspicuously
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9 printed upon the face of the identification document.
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10 E. Any driver license issued to a person who is not a United
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11 States citizen, national or legal permanent resident alien for which
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12 an application has been made for renewal, duplication or reissuance
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13 shall be presumed to have been issued in accordance with the
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14 provisions of subsection C of this section; provided that, at the
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15 time the application is made, the driver license has not expired, or
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16 been cancelled, suspended or revoked. The requirements of
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17 subsection C of this section shall apply, however, to a renewal,
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18 duplication or reissuance if the Department of Public Safety is
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19 notified by a local, state or federal government agency of
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20 information in the possession of the agency indicating a reasonable
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21 suspicion that the individual seeking such renewal, duplication or
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22 reissuance is present in the United States in violation of law. The
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23 provisions of this subsection shall not apply to United States
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24 citizens, nationals or legal permanent resident aliens.
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1 SECTION 2. AMENDATORY 26 O.S. 2021, Section 4-109.3, as
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2 amended by Section 15, Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2022,
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3 Section 4-109.3), is amended to read as follows:
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4 Section 4-109.3. A. When a qualified elector applies for
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5 issuance or renewal of an Oklahoma driver license, or issuance of a
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6 state identification card issued pursuant to Section 6-105 of Title
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7 47 of the Oklahoma Statutes, he or she shall be provided voter
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8 registration services as required by the National Voter Registration
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9 Act. Any applicant or licensee providing an individual tax
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10 identification number to Service Oklahoma or a licensed operator
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11 pursuant to Section 6-106 of Title 47 of the Oklahoma Statutes shall
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12 not be provided voter registration services. All completed paper
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13 voter registration applications shall be transmitted by the agency
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14 accepting the application at the close of business each week to the
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15 State Election Board in preaddressed, postage prepaid envelopes
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16 provided by the State Election Board. If a person registers or
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17 declines to register to vote, the office at which the person submits
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18 the voter registration application or the fact that the person
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19 declined to register shall remain confidential and will be used only
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20 for voter registration purposes.
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21 B. A change of address for an Oklahoma driver license or state
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22 identification card submitted by a registered voter shall also serve
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23 as a change of address for voter registration purposes if the new
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24 address is within the same county where the voter is registered to
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1 vote. If the new address is outside the county where the voter is
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2 currently registered to vote, the voter shall be sent a notice and
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3 application with instructions for registering to vote at the new
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4 address. A change of address for an Oklahoma driver license or
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5 state identification card shall not be used to update a voter
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6 registration address if the registrant states in writing that the
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7 change of address is not for voter registration purposes.
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8 C. Licensed operators shall receive fifty cents ($0.50) per
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9 valid paper voter registration application or application for change
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10 in voter registration taken by themselves and employees of the
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11 licensed operator’s office taken at the licensed operator’s office,
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12 payable by the State Election Board.
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13 D. Service Oklahoma shall notify the Secretary of the State
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14 Election Board of licensed operator appointments. Service Oklahoma
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15 shall notify the Secretary of the State Election Board of licensed
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16 operators qualified to issue driver licenses.
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17 E. The Secretary of the State Election Board is authorized to
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18 develop with Service Oklahoma a system to electronically transmit
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19 voter registration applications from licensed operators to the State
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20 Election Board or county election boards. Such system shall be
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21 consistent with the requirements for electronic submission of voter
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22 registration applications provided in Section 4-109.4 of this title.
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23 F. 1. At least quarterly, Service Oklahoma shall transmit to
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24 the Secretary of the State Election Board identifying information
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1 that shall include the name, date of birth, residential address, and
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2 mailing address of all applicants or licensees who have provided an
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3 individual tax identification number pursuant to Section 6-106 of
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4 Title 47 of the Oklahoma Statutes.
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5 2. The Secretary of the State Election Board shall compare the
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6 transmitted identifying information provided pursuant to paragraph 1
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7 of this subsection with the list of registered voters in each
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8 county. The Secretary of the State Election Board shall notify the
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9 secretary of any relevant county election board of any matches based
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10 on the identifying information provided by Service Oklahoma.
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11 3. Upon receipt of notification from the Secretary of the State
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12 Election Board pursuant to paragraph 2 of this subsection, the
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13 secretary of the county election board shall notify the proper
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14 authority pursuant to Section 16-123 of this title, to investigate
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15 whether a violation related to voting crimes or voter registration
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16 has occurred.
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17 4. The Secretary of the State Election Board shall not retain
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18 the information provided pursuant to paragraph 1 of this subsection
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19 after the completion of his or her duties pursuant to paragraph 2 of
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20 this subsection except as may be necessary when assisting with an
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21 investigation.
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22 G. The Secretary of the State Election Board shall promulgate
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23 rules and procedures to implement the requirements of this section.
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1 SECTION 3. AMENDATORY 47 O.S. 2021, Section 6-101, as
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2 last amended by Section 37, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
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3 2022, Section 6-101), is amended to read as follows:
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4 Section 6-101. A. No person, except those hereinafter
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5 expressly exempted in Sections 6-102 and 6-102.1 of this title,
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6 shall operate any motor vehicle upon a highway in this state unless
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7 the person has a valid Oklahoma driver license for the class of
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8 vehicle being operated under the provisions of this title. No
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9 person shall be permitted to possess more than one valid license at
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10 any time, except as provided in paragraph 4 of subsection F of this
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11 section.
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12 B. 1. No person shall operate a Class A commercial motor
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13 vehicle unless the person is eighteen (18) years of age or older and
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14 holds a valid Class A commercial license, except as provided in
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15 paragraph 5 of this subsection and subsection F of this section.
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16 Any person holding a valid Class A commercial license shall be
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17 permitted to operate motor vehicles in Classes A, B, C and D, except
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18 as provided for in paragraph 4 of this subsection.
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19 2. No person shall operate a Class B commercial motor vehicle
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20 unless the person is eighteen (18) years of age or older and holds a
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21 valid Class B commercial license, except as provided in paragraph 5
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22 of subsection F of this section. Any person holding a valid Class B
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23 commercial license shall be permitted to operate motor vehicles in
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1 Classes B, C and D, except as provided for in paragraph 4 of this
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2 subsection.
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3 3. No person shall operate a Class C commercial motor vehicle
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4 unless the person is eighteen (18) years of age or older and holds a
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5 valid Class C commercial license, except as provided in subsection F
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6 of this section. Any person holding a valid Class C commercial
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7 license shall be permitted to operate motor vehicles in Classes C
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8 and D, except as provided for in paragraph 4 of this subsection.
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9 4. No person under twe