STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

HOUSE BILL 2569	By:	Wesselhoft, Kern, Sears, Faught, Pittman and Morrissette

AS INTRODUCED

An Act relating to motor vehicles; amending 47 O.S. 2001, Section 6-111, as last amended by Section 2, Chapter 388, O.S.L. 2009 (47 O.S. Supp. 2009, Section 6-111), which relates to the issuance of driver licenses; prohibiting the use of radio frequency identification tags on driver licenses and identification cards; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2001, Section 6-111, as last amended by Section 2, Chapter 388, O.S.L. 2009 (47 O.S. Supp. 2009, Section 6-111), is amended to read as follows:
Section 6-111.  A.  1.  The Department of Public Safety shall, upon payment of the required fee, issue to every applicant qualifying therefor a Class A, B, C or D driver license or identification card as applied for, which license or card shall bear thereon a distinguishing alphanumeric identification assigned to the licensee or cardholder, date of issuance and date of expiration of the license or card, the full name, signature or computerized signature, date of birth, residence address, sex, a color photograph or computerized image of the licensee or cardholder and security features as determined by the Department.  The photograph or image shall depict a full front unobstructed view of the entire face of the licensee or cardholder.  When any person is issued both a driver license and an identification card, the Department shall ensure the information on both the license and the card are the same, unless otherwise provided by law.
2.  A driver license or identification card issued by the Department on or after March 1, 2004, shall bear thereon the county of residence of the licensee or cardholder.
3.  The Department may cancel the distinguishing number, when that distinguishing number is another person's Social Security number, assign a new distinguishing alphanumeric identification, and issue a new license or identification card without charge to the licensee or cardholder.
4.  The Department may promulgate rules for inclusion of the height and a brief description of the licensee or cardholder on the face of the card or license identifying the licensee or cardholder as deaf or hard-of-hearing.
5.  It is unlawful for any person to apply, adhere, or otherwise attach to a driver license or identification card any decal, sticker, label, or other attachment.  Any law enforcement officer is authorized to remove and dispose of any unlawful decal, sticker, label, or other attachment from the driver license of a person.  The law enforcement officer, the employing agency of the officer, the Department of Public Safety, and the State of Oklahoma shall be immune from any liability for any loss suffered by the licensee, cardholder, or the owner of the decal, sticker, label, or other attachment caused by the removal and destruction of the decal, sticker, label, or other attachment.
6.  The Department of Public Safety shall develop by rule an alternative procedure whereby a person applying for a renewal or replacement Class D license or identification card, when the person satisfactorily demonstrates to the Department the inability to appear personally to be photographed because the person is not in the state at the time of renewal or at a time a replacement is required by the person, may be issued a license or card; provided, immediately upon returning to Oklahoma, the person shall obtain a replacement license or card as provided in Section 6-114 of this title.
7.  The Department of Public Safety shall be prohibited from imbedding, affixing, adhering or assigning any radio frequency identification (RFID) tag to any driver license or identification card.  The Department shall further be prohibited from utilizing any type of RFID ink in any format or configuration onto or into any driver license or identification card.  As used in this paragraph, “radio frequency identification” means a data collection technology system that uses electromagnetic or electrostatic coupling in the radio frequency portion of the electromagnetic spectrum to transmit signals that contain unique identification or location information of persons or products.  
B.  The Department may issue a temporary permit to an applicant for a driver license permitting such applicant to operate a motor vehicle while the Department is completing its investigation and determination of all facts relative to such applicant's privilege to receive a license.  Such permit must be in the immediate possession of the driver while operating a motor vehicle, and it shall be invalid when the applicant's driver license has been issued or for good cause has been refused.
C.  1.  The Department may issue a restricted commercial driver license to seasonal drivers eighteen (18) years of age or older for any of the following specific farm-related service industries:
a.	farm retail outlets and suppliers,
b.	agri-chemical businesses,
c.	custom harvesters, and
d.	livestock feeders.
The applicant shall hold a valid Oklahoma driver license and shall meet all the requirements for a commercial driver license.  The restricted commercial driver license shall not exceed a total of one hundred eighty (180) days within any twelve-month period.
2.  The restricted commercial driver license shall not be valid for operators of commercial motor vehicles beyond one hundred fifty (150) miles from the place of business or the farm currently being served.  Such license shall be limited to Class B vehicles.  Holders of such licenses who transport hazardous materials which are required to be placarded shall be limited to the following:
a.	diesel fuel in quantities of one thousand (1,000) gallons or less,
b.	liquid fertilizers in vehicles with total capacities of three thousand (3,000) gallons or less, and
c.	solid fertilizers that are not mixed with any organic substance.
No other placarded hazardous materials shall be transported by holders of such licenses.
D.  1.  The Department shall develop a procedure whereby a person applying for an original, renewal or replacement Class A, B, C or D driver license or identification card who is required to register as a convicted sex offender with the Department of Corrections pursuant to the provisions of the Sex Offenders Registration Act and who the Department of Corrections designates as an aggravated or habitual offender pursuant to subsection J K of Section 584 of Title 57 of the Oklahoma Statutes shall be issued a license or card bearing the words "Sex Offender".
2.  The Department shall notify every person subject to registration under the provisions of this act who holds a current Class A, B, C or D driver license or identification card that such person is required to surrender the license or card to the Department within one hundred eighty (180) days from the date of the notice.
3.  Upon surrendering the license or card for the reason set forth in this subsection, application may be made with the Department for a replacement license or card bearing the words "Sex Offender".
4.  Failure to comply with the requirements set forth in such notice shall result in cancellation of the person’s license or card.  Such cancellation shall be in effect for one (1) year, after which time the person may make application with the Department for a new license or card bearing the words "Sex Offender".  Continued use of a canceled license or card shall constitute a misdemeanor and shall, upon conviction thereof, be punishable by a fine of not less than Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars ($200.00).  When an individual is no longer required to register as a convicted sex offender with the Department of Corrections pursuant to the provisions of the Sex Offenders Registration Act, the individual shall be eligible to receive a driver license or identification card which does not bear the words "Sex Offender".
E.  Nothing in subsection D of this section shall be deemed to impose any liability upon or give rise to a cause of action against any employee, agent or official of the Department of Corrections for failing to designate a sex offender as an aggravated or habitual offender pursuant to subsection J K of Section 584 of Title 57 of the Oklahoma Statutes.
F.  The Department shall develop a procedure whereby a person applying for an original, renewal or replacement Class D driver license who has been granted modified driving privileges under this title shall be issued a Class D driver license which identifies the license as a modified license.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

52-2-8431	GRS	12/22/09