1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 2114 By: Pae
4
5
6 AS INTRODUCED
7 An Act relating to driver licenses; amending 21 O.S.
2021, Section 1550.42, which relates to entities
8 authorized to print identification documents;
clarifying language; removing certain limitation;
9 removing certain exceptions; removing certain license
renewal requirement; removing certain presumption;
10 removing certain application; removing certain
exemption; amending 26 O.S. 2021, Section 4-109.3, as
11 amended by Section 15, Chapter 282, O.S.L. 2022 (26
O.S. Supp. 2022, Section 4-109.3), which relates to
12 motor vehicle licensing agencies and voter
registration; prohibiting voter registration services
13 from being provided to certain applicants and
licensees; requiring Service Oklahoma transmit
14 certain identifying information to the Secretary of
the State Election Board; requiring certain action
15 and notice; prohibiting retention of certain
information; providing certain exception; amending 47
16 O.S. 2021, Section 6-101, as amended by Section 37,
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section
17 6-101), which relates to class requirements for
driver licenses and fees; creating certain fees;
18 directing certain deposit; amending 47 O.S. 2021,
Section 6-103, as amended by Section 40, Chapter 282,
19 O.S.L. 2022 (47 O.S. Supp. 2022, Section 6-103),
which relates to persons not to be licensed; updating
20 statutory references; modifying preclusion; requiring
certain documents be presented to allow for the
21 issuance of driver licenses to aliens; amending 47
O.S. 2021, Section 6-106, as amended by Section 45,
22 Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section
6-106), which relates to application for license;
23 providing an acceptable form of proof of identity;
allowing for certain information to be provided by an
24 applicant; updating statutory reference; providing
Req. No. 5333 Page 1
1 certain preclusions; amending 47 O.S. 2021, Section
6-114, as amended by Section 54, Chapter 282, O.S.L.
2 2022 (47 O.S. Supp. 2022, Section 6-114), which
relates to replacement driver licenses; removing
3 certain requirements and replacement period
limitations for aliens; amending 47 O.S. 2021,
4 Section 6-115, as amended by Section 55, Chapter 282,
O.S.L. 2022 (47 O.S. Supp. 2022, Section 6-115),
5 which relates to issuance, expiration, and renewal of
driver licenses; modifying certain limitations for
6 certain applicants or licensees; requiring certain
applicants provide additional specific documentation;
7 amending 47 O.S. 2021, Section 6-122, as amended by
Section 62, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
8 2022, Section 6-122), which relates to renewal by
mail; modifying certain exceptions; requiring Service
9 Oklahoma to provide certain notation of status;
prohibiting voter registration services from being
10 provided to certain applicants and licensees;
providing for codification; and providing an
11 effective date.
12
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1550.42, is
16 amended to read as follows:
17 Section 1550.42. A. The following entities may create, publish
18 or otherwise manufacture an identification document, identification
19 card, or identification certificate and may possess an engraved
20 plate or other such device for the printing of such identification;
21 provided, the name of the issuing entity shall be clearly printed
22 upon the face of the identification:
23 1. Businesses, companies, corporations, service organizations
24 and federal, state and local governmental agencies for employee
Req. No. 5333 Page 2
1 identification which is designed to identify the bearer as an
2 employee;
3 2. Businesses, companies, corporations and service
4 organizations for customer identification which is designed to
5 identify the bearer as a customer or member;
6 3. Federal, state and local government agencies for purposes
7 authorized or required by law or any legitimate purpose consistent
8 with the duties of such an agency, including, but not limited to,
9 voter identification cards, driver licenses, nondriver
10 identification cards, passports, birth certificates and social
11 security Social Security cards;
12 4. Any public school or state or private educational
13 institution, as defined by Sections 1-106, 21-101 or 3102 of Title
14 70 of the Oklahoma Statutes, to identify the bearer as an
15 administrator, faculty member, student or employee;
16 5. Any professional organization or labor union to identify the
17 bearer as a member of the professional organization or labor union;
18 and
19 6. Businesses, companies or corporations which manufacture
20 medical-alert identification for the wearer thereof.
21 B. All identification documents as provided for in paragraph 3
22 or 4 of subsection A of this section shall be issued only to United
23 States citizens, nationals and legal permanent resident aliens.
24
Req. No. 5333 Page 3
1 C. The provisions of subsection B of this section shall not
2 apply when an applicant presents, in person, valid documentary
3 evidence of:
4 1. A valid, unexpired immigrant or nonimmigrant visa status for
5 admission into the United States;
6 2. A pending or approved application for asylum in the United
7 States;
8 3. Admission into the United States in refugee status;
9 4. A pending or approved application for temporary protected
10 status in the United States;
11 5. Approved deferred action status; or
12 6. A pending application for adjustment of status to legal
13 permanent residence status or conditional resident status.
14 Upon approval, the applicant may be issued an identification
15 document provided for in paragraph 3 or 4 of subsection A of this
16 section. Such identification document shall be valid only during
17 the period of time of the authorized stay of the applicant in the
18 United States or, if there is no definite end to the period of
19 authorized stay, a period of one (1) year. Any identification
20 document issued pursuant to the provisions of this subsection shall
21 clearly indicate that it is temporary and shall state the date that
22 the identification document expires. Such identification document
23 may be renewed only upon presentation of valid documentary evidence
24 that the status by which the applicant qualified for the
Req. No. 5333 Page 4
1 identification document has been extended by the United States
2 Citizenship and Immigration Services or other authorized agency of
3 the United States Department of Homeland Security.
4 D. The provisions of subsection B of this section shall not
5 apply to an identification document described in paragraph 4 of
6 subsection A of this section that is only valid for use on the
7 campus or facility of that educational institution and includes a
8 statement of such restricted validity clearly and conspicuously
9 printed upon the face of the identification document.
10 E. Any driver license issued to a person who is not a United
11 States citizen, national or legal permanent resident alien for which
12 an application has been made for renewal, duplication or reissuance
13 shall be presumed to have been issued in accordance with the
14 provisions of subsection C of this section; provided that, at the
15 time the application is made, the driver license has not expired, or
16 been cancelled, suspended or revoked. The requirements of
17 subsection C of this section shall apply, however, to a renewal,
18 duplication or reissuance if the Department of Public Safety is
19 notified by a local, state or federal government agency of
20 information in the possession of the agency indicating a reasonable
21 suspicion that the individual seeking such renewal, duplication or
22 reissuance is present in the United States in violation of law. The
23 provisions of this subsection shall not apply to United States
24 citizens, nationals or legal permanent resident aliens.
Req. No. 5333 Page 5
1 SECTION 2. AMENDATORY 26 O.S. 2021, Section 4-109.3, as
2 amended by Section 15, Chapter 282, O.S.L. 2022 (26 O.S. Supp. 2022,
3 Section 4-109.3), is amended to read as follows:
4 Section 4-109.3 A. When a qualified elector applies for
5 issuance or renewal of an Oklahoma driver license, or issuance of a
6 state identification card issued pursuant to Section 6-105 of Title
7 47 of the Oklahoma Statutes, he or she shall be provided voter
8 registration services as required by the National Voter Registration
9 Act. Any applicant or licensee providing an individual tax
10 identification number to Service Oklahoma or a licensed operator
11 pursuant to Section 6-106 of Title 47 of the Oklahoma Statutes shall
12 not be provided voter registration services. All completed paper
13 voter registration applications shall be transmitted by the agency
14 accepting the application at the close of business each week to the
15 State Election Board in preaddressed, postage prepaid envelopes
16 provided by the State Election Board. If a person registers or
17 declines to register to vote, the office at which the person submits
18 the voter registration application or the fact that the person
19 declined to register shall remain confidential and will be used only
20 for voter registration purposes.
21 B. A change of address for an Oklahoma driver license or state
22 identification card submitted by a registered voter shall also serve
23 as a change of address for voter registration purposes if the new
24 address is within the same county where the voter is registered to
Req. No. 5333 Page 6
1 vote. If the new address is outside the county where the voter is
2 currently registered to vote, the voter shall be sent a notice and
3 application with instructions for registering to vote at the new
4 address. A change of address for an Oklahoma driver license or
5 state identification card shall not be used to update a voter
6 registration address if the registrant states in writing that the
7 change of address is not for voter registration purposes.
8 C. Licensed operators shall receive fifty cents ($0.50) per
9 valid paper voter registration application or application for change
10 in voter registration taken by themselves and employees of the
11 licensed operator's office taken at the licensed operator's office,
12 payable by the State Election Board.
13 D. Service Oklahoma shall notify the Secretary of the State
14 Election Board of licensed operator appointments. Service Oklahoma
15 shall notify the Secretary of the State Election Board of licensed
16 operators qualified to issue driver licenses.
17 E. The Secretary of the State Election Board is authorized to
18 develop with Service Oklahoma a system to electronically transmit
19 voter registration applications from licensed operators to the State
20 Election Board or county election boards. Such system shall be
21 consistent with the requirements for electronic submission of voter
22 registration applications provided in Section 4-109.4 of this title.
23 F. 1. At least quarterly, Service Oklahoma shall transmit to
24 the Secretary of the State Election Board identifying information
Req. No. 5333 Page 7
1 that shall include the name, date of birth, residential address, and
2 mailing address, of all applicants or licensees who have provided an
3 individual tax identification number pursuant to Section 6-106 of
4 Title 47 of the Oklahoma Statutes.
5 2. The Secretary of the State Election Board shall compare the
6 transmitted identifying information provided pursuant to paragraph 1
7 of this subsection with the list of registered voters in each
8 county. The Secretary of the State Election Board shall notify the
9 secretary of any relevant county election board of any matches based
10 on the identifying information provided by Service Oklahoma.
11 3. Upon receipt of notification from the Secretary of the State
12 Election Board pursuant to paragraph 2 of this subsection, the
13 secretary of the county election board shall notify the proper
14 authority pursuant to Section 16-123 of this title, to investigate
15 whether a violation related to voting crimes or voter registration
16 has occurred.
17 4. The Secretary of the State Election Board shall not retain
18 the information provided pursuant to paragraph 1 of this subsection
19 after the completion of his or her duties pursuant to paragraph 2 of
20 this subsection except as may be necessary when assisting with an
21 investigation.
22 G. The Secretary of the State Election Board shall promulgate
23 rules and procedures to implement the requirements of this section.
24
Req. No. 5333 Page 8
1 SECTION 3. AMENDATORY 47 O.S. 2021, Section 6-101, as
2 amended by Section 37, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
3 Section 6-101), is amended to read as follows:
4 Section 6-101. A. No person, except those hereinafter
5 expressly exempted in Sections 6-102 and 6-102.1 of this title,
6 shall operate any motor vehicle upon a highway in this state unless
7 the person has a valid Oklahoma driver license for the class of
8 vehicle being operated under the provisions of this title. No
9 person shall be permitted to possess more than one valid license at
10 any time, except as provided in paragraph 4 of subsection F of this
11 section.
12 B. 1. No person shall operate a Class A commercial motor
13 vehicle unless the person is eighteen (18) years of age or older and
14 holds a valid Class A commercial license, except as provided in
15 paragraph 5 of this subsection and subsection F of this section.
16 Any person holding a valid Class A commercial license shall be
17 permitted to operate motor vehicles in Classes A, B, C and D, except
18 as provided for in paragraph 4 of this subsection.
19 2. No person shall operate a Class B commercial motor vehicle
20 unless the person is eighteen (18) years of age or older and holds a
21 valid Class B commercial license, except as provided in paragraph 5
22 of subsection F of this section. Any person holding a valid Class B
23 commercial license shall be permitted to operate motor vehicles in
24
Req. No. 5333 Page 9
1 Classes B, C and D, except as provided for in paragraph 4 of this
2 subsection.
3 3. No person shall operate a Class C commercial motor vehicle
4 unless the person is eighteen (18) years of age or older and holds a
5 valid Class C commercial license, except as provided in subsection F
6 of this section. Any person holding a valid Class C commercial
7 license shall be permitted to operate motor vehicles in Classes C
8 and D, except as provided for in paragraph 4 of this subsection.
9 4. No person under twenty-one (21) years of age shall be
10 licensed to operate any motor vehicle which is required to be
11 placarded for hazardous materials pursuant to 49 C.F.R., Part 172,
12 subpart F, except as provided in subsection F of this section;
13 provided, a person eighteen (18) years of age or older may be
14 licensed to operate a farm vehicle which is required to be placarded
15 for hazardous materials pursuant to 49 C.F.R., Part 172, subpart F,
16 except as provided in subsection F of this section.
17 5. A person at least seventeen (17) years of age who
18 successfully completes all examinations required by law may be
19 issued by Service Oklahoma:
20 a. a restricted Class A commercial license which shall
21 grant to the licensee the privilege to operate a Class
22 A or Class B commercial motor vehicle for harvest
23 purposes or a Class D motor vehicle, or
24
Req. No. 5333 Page 10
1 b. a restricted Class B commercial license which shall
2 grant to the licensee the privilege to operate a Class
3 B commercial motor vehicle for harvest purposes or a
4 Class D motor vehicle.
5 6. No person shall operate a Class D motor vehicle unless the
6 person is sixteen (16) years of age or older and holds a valid Class
7 D license, except as provided for in Section 6-102 or 6-105 of this
8 title. Any person holding a valid Class D license