ENGROSSED HOUSE
BILL NO. 1516	By:	Peterson, Nelson, Ritze, McDaniel (Jeannie), Pittman, Virgin, Inman, Sherrer, Shelton and Dorman of the House

				and

		Brecheen of the Senate

[ motor vehicles - driving privileges - provisional driver licenses – payment of fees - rules and procedures - effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2011, Section 6-212, is amended to read as follows:
Section 6-212.  A.  The Department of Public Safety shall not assess and collect multiple reinstatement fees when reinstating the driving privilege of any person having more than one suspension or revocation affecting the person’s driving privilege at the time of reinstatement.
B.  The Department shall:
1.  Suspend or revoke a person’s driving privilege for each basis as delineated within the Oklahoma Statutes; and
2.  Require any person having more than one suspension or revocation affecting the person’s driving privilege to meet the statutory requirements for each action as a condition precedent to the reinstatement of any driving privilege.  Provided, however, reinstatement fees shall not be cumulative, and a single reinstatement fee, as provided for in subsection C of this section, shall be paid for all suspensions or revocations as shown by the Department’s records at the time of reinstatement.
C.  Whenever a person’s privilege to operate a motor vehicle is suspended or revoked pursuant to any provision as authorized by the Oklahoma Statutes, the license or privilege to operate a motor vehicle shall remain under suspension or revocation and shall not be reinstated until:
1.  The expiration of each such revocation or suspension order;
2.  The person has paid to the Department:
a.	if such privilege is suspended or revoked pursuant to Section 1115.5 of Title 22 of the Oklahoma Statutes or pursuant to any provisions of this title, except as provided in subparagraph b of this paragraph, a processing fee of Twenty-five Dollars ($25.00) for each such suspension or revocation as shown by the Department’s records, or
b.	(1)	if such privilege is suspended or revoked pursuant to the provisions of Section 6-205, 6-205.1, 7-608, 7-612, 753, 754 or 761 of this title or pursuant to subsection A of Section 7-605 of this title for a conviction for failure to maintain the mandatory motor vehicle insurance required by law or pursuant to subsection B of Section 6-206 of this title for a suspension other than for points accumulation, a processing fee of Seventy-five Dollars ($75.00) for each such suspension or revocation as shown by the Department’s records, and a special assessment trauma-care fee of Two Hundred Dollars ($200.00) to be deposited into the Trauma Care Assistance Revolving Fund created in Section 1-2522 1-2530.9 of Title 63 of the Oklahoma Statutes, for each suspension or revocation as shown by the records of the Department, and
(2)	in addition to any other fees required by this section, if such privilege is suspended or revoked pursuant to an arrest on or after November 1, 2008, under the provisions of paragraph 2 or 6 of subsection A of Section 6-205 of this title or of Section 753, 754, or 761 of this title, a fee of Fifteen Dollars ($15.00), which shall be apportioned pursuant to the provisions of Section 3-460 of Title 43A of the Oklahoma Statutes; and
3.  The person has paid to the Department a single reinstatement fee of:
a.	beginning on the effective date of this act through June 30, 2013, Fifty Dollars ($50.00), of which Twenty-five Dollars ($25.00) shall be deposited by the Commissioner to the credit of the Department of Public Safety Revolving Fund and, in addition to other purposes authorized by law, the expenditures from that fund of monies derived from the Twenty-five Dollars ($25.00) pursuant to this subparagraph shall be used to fund any Oklahoma Highway Patrol Trooper Academy provided by the Department.  Any remaining funds shall be used for operational expenses of the Oklahoma Highway Patrol, and
b.	beginning on July 1, 2013, and any year thereafter, Twenty-five Dollars ($25.00).
D.  The Department of Public Safety is hereby authorized to enter into agreements with persons enrolled in an Oklahoma state court-approved treatment program or persons supervised by the Department of Corrections who are enrolled in a full-time postadjudication transitional job program that provides permanent job-placement services and uses random assignment evaluation, whose license to operate a motor vehicle has been suspended, revoked, cancelled or denied, except as to those suspensions, revocations, cancellations or denials made pursuant to paragraph 1 or 2 of subsection A of Section 6-205 of this title or of Section 753 or 754 of this title, for issuance of a provisional driver license that would allow such persons to drive under one or more of the following circumstances:
1.  In the course of employment or occupation of the person;
2.  To and from any combination of the following:
a.	the residence of the person,
b.	the work location of the person or to a location where work is sought,
c.	alcohol or drug education or treatment program as ordered by the court,
d.	probation or parole office,
e.	court-ordered community service program,
f.	educational institution at which the person is enrolled as a student,
g.	a place of regularly occurring medical treatment for a serious condition of the person or a member of the household or immediate family of the person,
h.	the school, day care or medical provider of minor children under the care of the person, or
i.	court-ordered child visitation; 
with the condition that such persons pay a minimum of Twenty-five Dollars ($25.00) per month toward the satisfaction of all outstanding driver license reinstatement fees.  The Department shall develop rules and procedures to establish such a provisional driver license program and such rules and procedures shall include eligibility requirements, proof of insurance and any provisional driver license fees.  Any violation of law by the person holding the provisional driver license that would result in the suspension or revocation of a driver license shall result in the revocation of the provisional driver license and shall cause the person to be ineligible for future application for a provisional driver license.
E.  Effective July 1, 2002, and for each fiscal year thereafter:
1.  Two Hundred Fifty Thousand Dollars ($250,000.00) of all monies collected each month pursuant to this section shall be apportioned as provided in Section 1104 of this title, except as otherwise provided in this section; and
2.  Except as otherwise provided in this section, all other monies collected in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) each month shall be deposited in the General Revenue Fund.
SECTION 2.     AMENDATORY     Section 1, Chapter 168, O.S.L. 2012 (47 O.S. Supp. 2012, Section 6-212.4), is amended to read as follows:
Section 6-212.4  All revocation, suspension, cancellation and/or or denial periods of time of driving privileges as provided in this chapter shall be considered served upon successful completion or graduation from an Oklahoma Drug Court Program created and administered pursuant to the Oklahoma Drug Court Act and the Oklahoma Department of Mental Health and Substance Abuse Services, unless evidence of drug and/or or alcohol use occurring postgraduation is acquired by the Department of Public Safety.  All revocation, suspension, cancellation or denial periods of time of driving privileges as provided in this chapter, with the exception of those revocations, suspensions, cancellations or denials made pursuant to paragraph 1 or 2 of subsection A of Section 6-205 of this title or Section 753 or 754 of this title, shall also be considered served upon successful completion or graduation from an Oklahoma state court-approved treatment program or a full-time postadjudication transitional job program that provides permanent job-placement services and uses random assignment evaluation, unless evidence of drug or alcohol use occurring postgraduation is acquired by the Department of Public Safety.  This waiver of time applies only to Class D driving privileges.  Notwithstanding the foregoing, this section does not require the Department of Public Safety to grant driving privileges to an individual not otherwise eligible.  Electronic notification of successful completion or graduation from an Oklahoma state court-approved treatment program, a full-time postadjudication transitional job program that provides permanent job-placement services and uses random assignment evaluation, or an Oklahoma Drug Court Program shall be provided to the Department of Public Safety by the court clerk in the county where said the program is situated.  Such The electronic notification shall be consistent with the provisions of Section 18-101 of Title 47 of the Oklahoma Statutes this title or by any other method approved by the Department of Public Safety.
SECTION 3.  This act shall become effective November 1, 2013.
Passed the House of Representatives the 11th day of March, 2013.

	
	Presiding Officer of the House
	of Representatives

Passed the Senate the ___ day of __________, 2013.

	
	Presiding Officer of the Senate